San Mateo City Council
November 7, 2022

CITY OF SAN MATEO
City Council Regular Meeting
November 7, 2022
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Joe Goethals
Amourence Lee
Eric Rodriguez
AGENDA
THIS MEETING IS BEING HELD PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDERS WHICH SUSPEND CERTAIN REQUIREMENTS OF THE BROWN ACT.

THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTEL Y.

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom – click here:

November 7, 2022
To join via telephone: (408) 638-0968
Webinar ID: 869 3561 4559 Passcode: 154141
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

Any unheard items will automatically move forward to the next regular meeting.

CALL TO ORDER
Pledge of Allegiance
Roll Call

CEREMONIAL

1. George Smith (San Mateo County Veteran of the Year 2022) – Recognition

2. San Mateo Age Friendly Action Plan – Update

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.

3. City Council Meeting Minutes - Approval
Approve the minutes of the City Council special and regular meetings of October 17, 2022.

CEQA: This approval 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).)

4. 2022 Triennial Building Code Update and Adoption of Dangerous Building Code – Ordinance Adoption Adopt an Ordinance to adopt the 2022 Building Standards Code by reference with local amendments; amend various sections of San Mateo Municipal Code Title 23 “Buildings and Construction” to reflect the 2022 Building Standards Code; update procedural language and revise miscellaneous sections; and adopt by reference the 1997 Uniform Code for the Abatement of Dangerous Buildings.

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CEQA: Adoption of an ordinance adopting by reference the 2022 Building Standard Codes with local amendments and the Dangerous Building Code is not a project subject to CEQA review because 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).)

5. “Appeal of Administrative Citation” Amendments – Ordinance Adoption Adopt an Ordinance to amend San Mateo Municipal Code Chapter 1.10, Section 1.10.060 "Appeal of Administrative Citation" and Chapter 2.21 “Community Relations Commission” to create an administrative citation appeal procedure before an impartial hearing officer related to violations of technical building and health and safety codes.

CEQA: 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).)

6. Sustainability-Related Amendments to the 2022 California Building Standards Code – Ordinance Adoption Adopt an Ordinance to amend the San Mateo Municipal Code Chapter 23.40 "Energy Code" to adopt the 2022 California Energy Code by reference and amend the San Mateo Municipal Code Chapter 23.70 "Green Building Code" to adopt the 2022 California Green Building Standards Code with local amendments to require enhanced electric vehicle charging infrastructure beyond state requirements, require all-electric new construction, and require electric-readiness and electric appliances during residential building remodels.

CEQA: The adoption of the reach code amendments is categorically exempt from CEQA review because it consists of an action, as authorized by state or local ordinance, intended to reduce greenhouse gas emissions for the protection of the environment and the regulatory process involves procedures for protection of the environment. (CEQA Guidelines Section 15308.)(CEQA Guidelines Section 15378(b)(5).)

7. Mosquito Vector Control District - Reappointment
Reappoint Ed Degliantoni as a member of the Board of Trustees of the San Mateo County Mosquito & Vector Control District for a two-year term beginning January 1, 2023 and ending December 31, 2024.

CEQA: This reappointment 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).)

8. Art in Public Places 2022 Report and Plan, Civic Arts Committee Renewal and Reappointments – Approval Approve the Art in Public Places 2022 Report & Plan, renew the Civic Arts Committee for two years, reappoint the current Civic Arts Committee members, and approve the expenditure of $10,000 from the Art in Public Places Fund for the Equity Art Project artist selection process.

CEQA: This approval of the report, renewal of the committee, or reappointment of committee members are not projects 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).)

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9. Enterprise Resource Planning System Replacement Project – Change Order Approve a change order to the agreement with Collaborative Solutions for adding 1099-G and Dunning Letter services in the amount of $14,700, for a revised contract agreement total of $1,298,720.

CEQA: 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).)

10. Private Development and Right-of-Way Support Services – Agreement Approve an agreement with CSG Consultants, Inc. for private development and right-of-way support services in the amount of $150,000 for a term from December 1st, 2022, through December 1st, 2023, and authorize the Public Works Director to execute the agreement in substantially the form presented.

CEQA: 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).)

11. Landscape Services for Marina Lagoon Maintenance Project Habitat Mitigation Monitoring Plan - Agreement Approve an agreement with WRA Landscape Restoration, Inc. for the implementation of the Marina Lagoon Maintenance Project Habitat Mitigation Monitoring Plan in an amount not to exceed $93,080; establish a contingency reserve of $9,300; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

CEQA: This contract for services is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)

12. Fashion Island Boulevard/19th Avenue Class IV Bikeway – Application 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.

CEQA: 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).

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13. Wastewater Treatment Plant Immediate Action Project, Package II – Appropriation 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.

CEQA: 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.

14. Wastewater Treatment Plant Supply of Liquid Polymer – Contract Change Order 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.

CEQA: 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).)

PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.

Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.

PUBLIC HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made.

Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.

15. Downtown Business Improvement Area - Public Hearing 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
CEQA: 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).

NEW BUSINESS

16. Draft Goals, Policies and Actions for the Land Use, Community Design and Historic Preservation, and Safety Elements – General Plan Update
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.

CEQA: 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

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cause a physical change in the environment. A draft Environmental Impact Report is being prepared for the General Plan Update.

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.

ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS:

Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

WATCHING A MEETING ON TV:

City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.

For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.

WATCHING A MEETING ON A COMPUTER:

There are three ways to stream.
1) Public Meeting Portal
www.cityofsanmateo.org/publicmeetings
2) City YouTube channel and stream it on YouTube:
http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to:
[email protected]
until 4 p.m. the day of the meeting.

During the meeting
By Zoom:

Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

By telephone:

Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

In Person:

At the meeting complete a “Request to Speak” form, submit a request at the speaker kiosk or scan the QR code.

ACCESSIBILITY:

In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]
. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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San Mateo Age
Friendly Action Plan
Bob Palacio
Community Services Manager
Parks and Recreation Department
&
Monika Lee
Senior Citizens Commission
Age Friendly Task Force

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What does it mean to be an Age Friendly City?
The goal in becoming a certified Age Friendly City is
to ensure that the City of San Mateo implements the
types of policies and practices that make our city
more livable for all people, especially older adults.

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How did we get here?
• City of San Mateo selected by San Mateo County to enter the planning phase to potentially become an Age Friendly City.
• Worked with CAFÉ, the Age Friendly Task Force, and the community on planning
• Application submitted to the AARP in September 2020
• Approved and Certified as an Age Friendly City October 2020 • Action Plan to be submitted November 2022

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Age Friendly Movement
• The AARP Network of Age-Friendly States and Communities is an affiliate of the World Health Organization’s Global Network for Age- friendly Cities and Communities that was established in 2010 to connect cities, communities and organizations worldwide with the common vision of making their community a great place in which to grow old.
• WHO has identified eight interconnected domains that can help to identify and address barriers to the well-being and participation of older people.

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The Action Plan
• Full Document found on cityofsanmateo.org (New Webpage) • Requirement of AARP
• Road Map for improving livability for older adults
• Planning (year 1-2) “identify potential projects”
• Implementation (year 3-5) “follow the action plan steps” • Evaluation (year 5) “assess progress and identify new goals”

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The 8 Domains of Livability
• Transportation
• Housing
• Social Participation
• Respect and Social Inclusion
• Outdoor Spaces and Buildings
• Health and Community Services
• Work and Civic Engagement
• Communication and Information

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4 Inaugural Projects
• Prioritizing Safe Walking Routes
• Outreach-Age Friendly News Articles
• Intergenerational Programming
• Age Friendly Business Certification

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A City-Wide Collaboration
• City Council
• Senior Citizens Commission
• Parks and Recreation Commission
• Parks and Recreation Department
• City Manager’s Office
• Community Development
Department
• Age Friendly Task Force
• AARP
• City Library
• Police Department
• Public Works Department
• Human Resources
Department
• City Clerk

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Thank You
Bob Palacio
Community Services Manager/Parks and Recreation
[email protected]
cityofsanmateo.org/agefriendly

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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 22-6817 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: November 07, 2022
SUBJECT:

City Council Meeting Minutes - Approval
RECOMMENDATION:

Approve the minutes of the City Council special and regular meetings of October 17, 2022.

BUDGET IMPACT:

There is no budget impact associated with this administrative item.

ENVIRONMENTAL DETERMINATION:

This approval 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 - Minutes 2022-10-17 Special
Att 2 - Minutes 2022-10-17 Regular

STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042

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City Council Special Meeting Minutes – 10/17/2022 Page 1 6 1
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COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
October 17, 2022
City Hall Conference Room C 6:30 PM
Special Meeting

CALL TO ORDER -
Roll Call

Present: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session to consider:

1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of section 54956.9: one potential case.

ADJOURNMENT – The meeting adjourned at 6:44 p.m.

APPROVED BY: SUBMITTED BY:

Rick Bonilla, Mayor Patrice Olds, City Clerk

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City Council Regular Meeting Minutes – 10/17/2022 Page 1 6 1
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COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez

CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

October 17, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER –
Pledge of Allegiance
Roll Call

Present: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez

CEREMONIAL

1. 100th Anniversary of Central Park – Proclamation - Joanne Magrini, Parks and Recreation Director, received the proclamation

2. Breast Cancer Awareness Month – Proclamation - Matt Lethin, San Mateo Police Captain, received the proclamation

3. Fire Prevention Month – Proclamation - Melinda Martin, Deputy Fire Marshal, received the proclamation

CONSENT CALENDAR
The following items, 4 through 19, were considered to be routine by the City Council. Item 20 was removed to be considered separately. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.

Moved: Goethals, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None

4. City Council Meeting Minutes – Approval
Approve the minutes of the City Council Special and Regular meetings of October 3, 2022.

5. City Council Guidelines – Amendment
Adopt a Resolution to approve revised City Council Guidelines to amend the process governing the succession of the Mayor and Deputy Mayor to reflect the City's transition to district-based elections.

Enactment: Resolution No. 115 (2022)

6. Grand Jury Report: "A Delicate Balance between Knowledge and Power: Government Transparency and the Public's Right to Know" – Response Letter
Approve the letter responding to the August 9, 2022 report by the San Mateo County Civil Grand Jury entitled, "A Delicate Balance between Knowledge and Power: Government Transparency and the

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Public's Right to Know" and authorize the Mayor to send the response letter on behalf of the City Council.

7. Citywide Small Trash Capture Project – Agreement
Approve an agreement with Schaaf & Wheeler Consulting Civil Engineers for design services for the Citywide Small Trash Capture Project in the amount of $112,300; establish a contingency reserve in the amount of $17,000 and authorize the Public Works Director to execute the agreement in substantially the form presented; and issue change orders within the contingency amount.

8. Use of Public Right-of-Way – Agreement
Approve a Utility Equipment Agreement (UEA) with Crown Castle Fiber, LLC for the construction, installation, maintenance, and operation of fiber optic network facilities within the public right-of-way and authorize the Public Works Director to execute the agreement in substantially the form presented.

9. Purchase and Installation of Public Safety Equipment – Agreement Adopt a Resolution to approve an alternative bidding process and approve an agreement with Priority 1 Public Safety Equipment Installation, Inc. for the purchase and installation of public safety equipment in the amount of $192,162.91; establish a contingency reserve in the amount of $39,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

Enactment: Resolution No. 116 (2022)

10. Clean Water Program – Amendment
Approve Amendment No. 8 to the agreement with CH2M Hill Engineers, Inc. to authorize scope and funding for the ninth year of program management services for the Clean Water Program in an amount not to exceed $9,400,769 for Year 9 scope of services; establish a contingency reserve of $1,410,000; and authorize the Public Works Director to execute this amendment in substantially the form presented and issue change orders within the contingency amount.

11. San Mateo County Transportation Authority Senate Bill 1 Solutions for Congestion Corridors and Local Partnership Program Grant Application – Letter of Support Authorize the Mayor to send a letter of support on behalf of the City regarding San Mateo County Transportation Authority’s application for Senate Bill 1 (SB 1) funding for the United States 101 and State Route 92 Area Improvements and Multimodal Project.

12. San Mateo County Gun Relinquishment Task Force Program – Memoranda of Understanding Approve two Memoranda of Understanding with the County of San Mateo to define the purpose, goals and mission of the Gun Relinquishment Task Force, and to assign a Police Officer for a two-year term; adopt a Resolution to amend the 2022-23 budget to approve the addition of one Full Time Equivalent Police Officer for a two-year term and to; and authorize the Chief of Police to execute the agreements in substantially the form presented.

Enactment: Resolution No. 117 (2022)

13. Citywide Parking Enforcement Services – Amendment
Approve Amendment No. 1 to the agreement with LAZ Parking California LLC for citywide parking enforcement services in the amount of $2,773,216 for a new agreement total of an amount not to exceed $4,807,220; adopt a Resolution to appropriate $50,000 to the Police Department’s 2022-23

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Operating Budget; and authorize the Chief of Police to execute the amendment in substantially the form presented.

Enactment: Resolution No. 118 (2022)

14. Police Officer Lateral Hiring Recruitment Incentive Program – Extension Adopt a Resolution to authorize the extension of the Police Officer Lateral Hiring Recruitment Incentive Program to offer a $30,000 recruitment incentive to up to five (5) highly qualified and experienced lateral police officers, in a cumulative amount not to exceed $150,000.

Enactment: Resolution No. 119 (2022)

15. Permanent Local Housing Allocation – Grant Application Adopt a Resolution to re-apply to the State of California for Permanent Local Housing Allocation grant program and amend the 5-year funding plan.

Enactment: Resolution No. 120 (2022)

16. Mapping Software – Enterprise License Agreement
Adopt a Resolution to approve an alternative purchasing method and an agreement with Environmental Systems Research Institute, Inc (ESRI) for purchase of software, cloud services, and support in the amount of $208,000, and authorize the Director of Information Technology to execute the agreement in substantially the form presented.

Enactment: Resolution No. 121 (2022)

17. Outdoor Dining Guidelines – Amendments
Adopt a Resolution to approve amendments to the Parklet Permit Program Guidelines and the Sidewalk and Pedestrian Mall Outdoor Dining Permit Program and authorize the City Manager to make further minor administrative amendments to these program guidelines.

Enactment: Resolution No. 122 (2022)

18. Uncollectible Accounts Receivable Write Off – Approval Adopt a Resolution to authorize writing off $91,395.68 of uncollectible accounts receivable invoices as bad debt.

Enactment: Resolution No. 123 (2022)

19. November 8, 2022 Statewide Propositions – Recommendations Approve the Legislative Committee’s recommendations to take the following positions on the propositions on the ballot for the November 8, 2022 Statewide General Election: Proposition 28 (Funding Arts and Music Education) – Support; and Proposition 31 (Prohibiting Retail Sale of Certain Flavored Tobacco Products) – Support.

END OF CONSENT CALENDAR

REMOVED FROM CONSENT CALENDAR

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20. Fixin' San Mateo County – Resolution of Support
Council Member Rodriguez pulled this item to comment that he has concerns with the oversight board, unsure of the appointment process and concerns with activist influence that could compromise the ability of the Sheriff’s Office to keep the County safe. Not ready to sign on at this time.

Public Comment – Michael Levinson, North Peninsula Chapter of ACLU, the Sheriff herself supports this and the commission would be selected by the Board of Supervisors. Nancy Goodban thanked the Council for the endorsement and noted she supports an oversight board.

Motion to Adopt a Resolution to affirm the City of San Mateo City Council’s support for Fixin' San Mateo County's (FxSMC) efforts to establish civilian oversight of the San Mateo County Sheriff's Office. Motion passed 4-1.

Moved: Goethals, Seconded: Bonilla
Ayes: Bonilla, Papan, Lee, and Goethals
Noes: Rodriguez

Enactment: Resolution No. 124 (2022)

PUBLIC COMMENT
Public Comment – Michael Berube thanked Council Member Papan for her commitment and involvement with the Chamber of Commerce.

NEW BUSINESS

21. Downtown Business Improvement Area – Resolution of Intent Jennifer Chen, Economic Development Manager provided an overview of the business improvement area. Lew Cohen, President, Downtown San Mateo Association (DSMA), and Sara Mares, Director NBS and DSMA consultant, presented information on the history of the DSMA assessment fees, the difficulty of the last few years with DSMA being run by all volunteer leadership; and outlined the program to hire a consultant to formally evaluate the assessment fees. Council asked questions of staff and the consultant.

Public Comment – Seamus Whitley, Treasurer, DSMA, spoke in support and agreed to check in with Council.

Robert Anderson, DSMA board member, spoke to how much more they were able to accomplish with a paid Director. Jonathan Stone, Prometheus Real Estate Group, strongly believes it is important for the DSMA to provide services for downtown and approves the fee structure.

Council provided comments and acknowledged the great work of all the businesses and the DSMA.

Motion to Adopt a Resolution of Intent to modify the basis and method of levy for the Downtown Business Improvement Area and set a public hearing for November 7, 2022, to consider proposed modification of assessments. Motion passed 5-0.

Moved: Papan, Seconded: Rodriguez
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None

Enactment: Resolution No. 125 (2022)
Council recessed from 8:25 pm to 8:30 pm.

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PUBLIC HEARING

22. 2022 Triennial Building Code Update and Adoption of Dangerous Building Code – Ordinance Introduction Michael Titsworth, Community Development Building Official, provided a presentation on the required adoption of the Triennial Building Codes. Council had no questions for staff. Public Comment – There were no speakers.

Motion to Introduce an Ordinance to adopt the 2022 Building Standards Code by reference with local amendments; amend various sections of San Mateo Municipal Code Title 23 “Buildings and Construction” to reflect the 2022 Building Standards Code; update procedural language and revise miscellaneous sections; adopt by reference the 1997 Uniform Code for the Abatement of Dangerous Buildings; and adopt a Resolution to set forth express findings that amendments to the 2022 Building Standards Codes are reasonably necessary based on local climatic, topographical, or geological conditions. Motion passed 5-0.

Moved: Papan, Seconded: Lee
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None

Enactment: Resolution No. 126 (2022)

23. “Appeal of Administrative Citation” Amendments – Ordinance Introduction Christina Horrisberger, Community Development Department Director, provided the history of Council’s review of appeals of administrative citations. Council had no questions for staff. Public Comment - There were no speakers.

Motion to Introduce an Ordinance to amend San Mateo Municipal Code Chapter 1.10, Section 1.10.060 "Appeal of Administrative Citation" and Chapter 2.21 “Community Relations Commission” to create an administrative citation appeal procedure before an impartial hearing officer related to violations of technical building and health and safety codes. Motion passed 5-0.

Moved: Lee, Seconded: Papan
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None

24. Sustainability-Related Amendments to the 2022 California Building Standards Code – Ordinance Introduction – as Amended
Andrea Chow, Sustainability Analyst, provided a presentation of the Reach Codes and the review and direction provided by Council to date. Council asked questions of staff. Blake Herrschaft, Building Electrification Programs Manager, Peninsula Clean Energy (PCE), explained the incentive offered by PCE to electrify homes.

Public Comment
Expressing Concern (4): Shawn Fahrenbruch, Thomas Weissmiller; Brian Thurston; and Taso Zografos Expressing Support (25): Harry Moody, Climate Action San Mateo; Belinda Chlomber; Sue Blockstein; Michelle Hudson; Robert Whitehair, San Mateo Climate Action Team; Rafael Reyes, PCE; Pam Rittelmeyer; Ellyn Jacobs Dooley; Marty Jordan; Mike Martin; Anjuli Mishra; Gary T.; John McKenna; Raayan Montashemi; Ines Pajot; Ricki McGlashan; Sharon, 305 Silicon Valley; Michelle Mandel; Diane Bailey; Bruce Naegel; Claire Shintani; Dashiell Leeds; Tom Kabat; Rob Newsom; Nancy Schneider; and Lauren Weston.

Council consensus was in support of electrification and requested that there will be robust public outreach in the future regarding implementation. Also concurred with amended Ordinance option to strike through wording regarding space heating appliance upgrades.

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Motion to Introduce an Ordinance, as amended, to amend the San Mateo Municipal Code Chapter 23.40 "Energy Code" to adopt the 2022 California Energy Code by reference; amend the San Mateo Municipal Code Chapter

23.70 "Green Building Code" to adopt the 2022 California Green Building Standards Code with local amendments to require enhanced electric vehicle charging infrastructure beyond state requirements, require all-electric new construction, and require electric-readiness and electric appliances during residential building remodels; and Adopt a Resolution adopting express findings required for local amendments to the 2022 Green Building Code.

Motion passed 4-1.

Moved: Goethals, Seconded: Lee
Ayes: Bonilla, Papan, Lee, and Goethals
Noes: Rodriguez

Enactment: Resolution No. 127 (2022)

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Mayor Bonilla asked about housing element and City Manager Drew Corbett responded.

ADJOURNMENT –The meeting adjourned at 10:03 p.m.

APPROVED BY: SUBMITTED BY:

Rick Bonilla, Mayor Patrice Olds, City Clerk

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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: 4 Section Name: CONSENT CALENDAR Account Number: 26-3125 File ID: 22-6774-01 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: November 7, 2022
SUBJECT:
2022 Triennial Building Code Update and Adoption of Dangerous Building Code – Ordinance Adoption RECOMMENDATION:

Adopt an Ordinance to adopt the 2022 Building Standards Code by reference with local amendments; amend various sections of San Mateo Municipal Code Title 23 “Buildings and Construction” to reflect the 2022 Building Standards Code; update procedural language and revise miscellaneous sections; and adopt by reference the 1997 Uniform Code for the Abatement of Dangerous Buildings.

BACKGROUND:

On October 17, 2022, the City Council introduced the attached ordinance to adopt the 2022 Building Standards Code by reference with local amendments; amend various sections of San Mateo Municipal Code Title 23 “Buildings and Construction” to reflect the 2022 Building Standards Code; update procedural language and revise miscellaneous sections; adopt by reference the 1997 Uniform Code for the Abatement of Dangerous Buildings.

BUDGET IMPACT:

The main budgetary impacts are unsubstantial and relate to staff training and processing of this ordinance.

ENVIRONMENTAL DETERMINATION:

Adoption of an ordinance adopting by reference the 2022 Building Standard Codes with local amendments and the Dangerous Building Code is not a project subject to CEQA review because 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 – Ordinance

STAFF CONTACT
Michael Titsworth, Building Official
[email protected]
(650) 522-7195

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CITY OF SAN MATEO

DRAFT ORDINANCE
An Ordinance Adopting By Reference the 2022 Building Standards Codes with Local Amendments and Amending Chapter 23.06 “Administrative Code,” Chapter 23.07 “Residential Code,” Chapter 23.08 “Building Code,” Chapter 23.09 “Existing Building Code,” Chapter 23.12 “Electrical Code,” Chapter 23.16 “Plumbing Code,” Chapter 23.20 “Mechanical Code,” Chapter 23.36 “Historical Building Code,” and Chapter 23.38 “Referenced Standards Code,” of Title 23 “Buildings and Construction;” Amending Chapter 23.28 “Fire Code;” Amending Chapter 23.50 “Handicapped Access;” and Adopting By Reference the 1997 Uniform Code for the Abatement of Dangerous Buildings by adding Chapter 23.30 “Dangerous Building Code” to Title 23 “Buildings and Construction” to the San Mateo Municipal Code
WHEREAS, the California Building Standards Codes are published every three years by the California Building Standards Commission; and
WHEREAS, the California Building Standards Commission has published the 2022 California Building Standards Codes by amending Title 24 of the California Code of Regulations, effective January 1, 2023; and WHEREAS, the California Building Standards Codes may be adopted by cities by incorporation by reference; and
WHEREAS, cities may establish more restrictive building standards than those in the California Building Standards Codes, if certain findings are made pertaining to local climatic, geological, or topographical conditions; and
WHEREAS, the City Council of the City of San Mateo has concurrently adopted a resolution of local findings supporting modifications to the technical provisions of the California Residential Code, 2022 Edition; California Building Code, 2022 Edition; and California Plumbing Code, 2022 Edition based on local climatic, geological, or topographical conditions.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Section 23.06.010 of the San Mateo Municipal Code is amended as follows:

23.06.010 Adoption
a. The 2022 California Administrative Code, California Code of Regulations, Title 24, Part 1, as adopted and amended by the State of California, hereinafter called "Administrative Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. b. No section of the Administrative Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.

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c. A copy of the Administrative Code shall at all times be kept on file in the office of the City Clerk.

Section 2. Section 23.06.120 of the San Mateo Municipal Code is amended as follows:

23.06.120 Fees
a. General. All permit fees, surcharges, plan checking fees, fees for inspections and reinspections, and all other fees, shall be those established by resolution of the City Council. b. Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken and that extension will not result in violation of this code or any other laws. An application shall not be extended more than two times. An application may be extended at the discretion of the Building Official if this code or any other pertinent laws or ordinances have been amended subsequent to the date of the application. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee, and the plans shall comply with the codes and other pertinent laws or ordinances in effect at the time of resubmittal.
(1) Planning Applications. For applications for which a planning application was approved, a completed building permit application shall be filed before the two-year expiration date of the planning approval; and a building permit shall be issued no later than six months after the expiration date.

Extension for issuance of a building permit may be granted at the discretion of the building official if the applicant demonstrates that the delay in performance was caused by circumstances beyond the control of the applicant and that the applicant has diligently pursued approval of the permit. c. Investigation Fees—Work Without a Permit.
(1) Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work.
(2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The amount of the investigation fee shall be adopted by resolution of the City council. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law.
d. Fee Refunds. The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.

The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.

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The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit is withdrawn and if no plan review services have been rendered.

The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.

Section 3. Section 23.07.010 of the San Mateo Municipal Code is amended as follows:

23.07.010 Adoption
a. The 2022 California Residential Code, California Code of Regulations, Title 24, Part 2.5 and Appendices AH—Patio Covers, AK—Sound Transmission, and AX—Swimming Pool Safety Act, as adopted and amended by the State of California, hereinafter called "Residential Code," are adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. b. No section of the Residential Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it. c. A copy of the Residential Code shall at all times be kept on file in the office of the City Clerk.

Section 4. Section 23.07.110 of the San Mateo Municipal Code is amended as follows:

23.07.110 TABLE R602.10.3(3) AND SECTION R602.10.4.5 PROHIBIT THE USE OF GYPSUM BOARD AND LIMIT THE

USE OF PORTLAND CEMENT PLASTER AS PRESCRIPTIVE WALL BRACING MATERIALS IN SEISMIC DESIGN CATEGORIES D0, D1 AND D2 AMENDED.

1. Chapter 6 (Wall Construction) Table R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) is amended as follows:

1.1 The title of Table R602.10.3(3) is amended to read:

TABLE R602.10.3(3)i, j

1.2 Footnotes “i” and “j” are added to Table R602.10.3(3), to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75.

2. Add a new subsection R602.10.4.5, to read:

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R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single-family dwellings and accessory structures.

Section 5. Section 23.08.010 of the San Mato Municipal Code is amended as follows:

23.08.010 Adoption
a. The 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2 and Appendix G—Flood Resistant Construction, as adopted and amended by the State of California, hereinafter called "Building Code," are adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Building Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it. c. A copy of the Building Code shall at all times be kept on file in the office of the City Clerk.

Section 6. Section 23.08.120 of the San Mateo Municipal Code is amended as follows:

23.08.120 SECTION 1705.3 CONCRETE CONSTRUCTION AMENDED.

Section 1705.3 is amended to read as follows:

Section 1705.3. Concrete construction. The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3.

Exception: Special inspections shall not be required for:
(1) Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.

Section 7. Section 23.08.130 of the San Mateo Municipal Code is amended as follows:

23.08.130 Section 1905.1.7 Plain Concrete In Earthquake Resisting Structures Amended 1905.1.7 ACI 318 Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:

14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.

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14.1.4.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Section 8. Section 23.08.140 of the San Mateo Municipal Code is amended as follows:

23.08.140 SECTION 2308 Table 2308.6.1
a. Table 2308.6.1 (Wall Bracing Requirements) of CBC Chapter 23 (Wood) is amended as follows:

1. The title of Table 2308.6.1 is amended to read:

TABLE 2308.6.1a, f, g

2. Footnotes “f” and “g” are added to Table 2308.6.1, to read:
f. Methods PBS, HPS, and SFB are not permitted in Seismic Design Categories D or E. g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.

Section 9. Section 23.08.150 of the San Mateo Municipal Code is amended as follows:

23.08.150 SECTIONS 3109.1 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES AMENDED.

Section 3109.1 is amended to add subsection 3109.1.1 to read as shown below:

Section 3109.1.1 Location. A swimming pool may be placed or constructed in any of the required yard areas provided the pool is constructed at ground level and provided the following setbacks are maintained:
(a) For single-family dwellings, the inside face of the pool shall not be less than four feet from any property boundary of the lot or parcel on which the pool is located. (b) For multifamily dwellings, the inside face of an outdoor pool shall be not less than twenty feet from any property boundary. Indoor swimming pool structures for multifamily dwellings shall also be subject to the setback requirements for accessory buildings, as designated in Chapter 27.70 of the

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Zoning Code, with the exception that the minimum clearance of 4 feet to the property line and 5 feet to surrounding buildings shall still apply.
(c) No portion of a swimming pool may be constructed in any public utility easement or drainage easement or utility right-of-way. There shall be not less than five feet of open space between the inside face of the pool and any structure.
(d) No part of a swimming pool (water area) shall be located or constructed directly under permanently-installed electric power lines. Pools shall be located in such a manner that overhead conductor clearances meet the requirements of the Electrical Code, Chapter 23.12 of the San Mateo Municipal Code. No pool shall be constructed in any location that violates any State law or Public Utility Commission rules for location in relation to electric power lines, service drops and/or communication lines.
(e) Swimming pools located on slopes must comply with setback requirements as prescribed in chapter 23.40 of the Site Development Code.

Section 10. Section 23.09.010 of the San Mateo Municipal Code is amended as follows:

23.09.010 Adoption
a. The 2022 California Existing Building Code, California Code of Regulations, Title 24, Part 10, as adopted and amended by the State of California, hereinafter called "Existing Building Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Existing Building Code shall imply a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section or not to enforce it.
c. A copy of the Existing Building Code shall at all times be kept on file in the office of the City Clerk.

Section 11. Section 23.12.010 of the San Mateo Municipal Code is amended as follows:

23.12.010 Adoption
a. The 2022 California Electrical Code, California Code of Regulations, Title 24, Part 3, as adopted and amended by the State of California, hereinafter called "Electrical Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. b. No section of the Electrical Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate

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officer, official, agent, employee, board, council, or commission thereof with discretion to enforce the section, or not to enforce it.
c. A copy of the California Electrical Code shall at all times be kept on file in the office of the City Clerk.

Section 12. Section 23.16.010 of the San Mateo Municipal Code is amended as follows:

23.16.010 Adoption
a. The 2022 California Plumbing Code, California Code of Regulations, Title 24, Part 5, as adopted and amended by the State of California, hereinafter called "Plumbing Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. b. No section of the Plumbing Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it. c. One copy of the Plumbing Code shall at all times be kept on file in the office of the City Clerk.

Section 13. Section 23.20.010 of the San Mateo Municipal Code is amended as follows:

23.20.010 Adoption
a. The 2022 California Mechanical Code, California Code of Regulations, Title 24, Part 4, as adopted and amended by the State of California, hereinafter called "Mechanical Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. b. No section of the Mechanical Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council or commission thereof with discretion to enforce the section or not enforce it.
c. A copy of the Mechanical Code shall at all times be kept on file in the office of the City Clerk.

Section 14. Section 23.28.260 of the San Mateo Municipal Code is repealed.

Section 15. Chapter 23.30 of the San Mateo Municipal Code is added to Title 23 as follows:

Chapter 23.30
Dangerous Building Code

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23.30.010 Adoption
a. The 1997 Uniform Code For The Abatement of Dangerous Buildings, published by the International Conference of Building Officials, hereinafter called "Dangerous Building Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended. b. No section of the Dangerous Building Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
c. A copy of the Dangerous Building Code shall at all times be kept on file in the office of the City Clerk.

23.30.020 Title and Scope
Chapter 1 Title and Scope is amended as follows:
a. Section 103 is amended as follows:

All buildings or structures which are to be repaired under the provisions of this code shall be subject to the provisions of the Building Code.

23.30.030 Enforcement
Chapter 2 Enforcement is amended as follows:
a. Section 204 is amended as follows:

All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this code and Sections 110 and 1701 of the Building Code. b. Section 205.1 is amended as follows:

General. Appeals to orders, decisions, or determinations made by the building official relative to the application of this code shall be reviewed by the City Council in accordance with Chapters 5 and 6 of this code. The City Council shall serve as the board of appeals. The hearing shall be informal and shall not require compliance with the formal rules of evidence. At the hearing, the City Council shall hear and consider all relevant evidence in reaching its decision. c. Section 205.2 is not adopted.

23.30.040 Definitions
Chapter 3 Definitions is amended as follows:

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a. Section 301 is amended as follows:

The term “Building Code” is the California Building Code, promulgated by the International Code Council and as adopted by the City of San Mateo.

The term “Housing Code” is the California Residential Code and the International Property Maintenance Code promulgated by the International Code Council and as adopted by the City of San Mateo.
b. Section 301 is amended to include the following definition:

The term “board of appeals” or “board” shall mean the City Council. c. Section 302.15 is amended as follows:

15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Director of the Community Development Department, building official or code enforcement manager to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

23.30.050 Appeal
Chapter 5 Appeal is amended as follows:
a. Section 501.1 Form of Appeal, first paragraph, is amended as follows:
501.1. Form of Appeal. Any person entitled to service under Section 401.3 may appeal from any notice and order or any action of the building official under this code by submitting a written appeal to the Director of the Community Development Department containing the following requisite information:
b. Section 501.2 Processing of Appeal is amended as follows:
501.2. Processing of Appeal. Upon receipt of any appeal filed pursuant to this Chapter, the Director of the Community Development Department shall as soon as practicable schedule an appeal hearing before the City Council.

23.30.060 Procedures for Conduct of Hearing Appeals
Chapter 6 Procedures for Conduct of Hearing Appeals is amended as follows:
a. Section 601 General is not adopted.

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b. Section 603 Subpoenas is not adopted.
c. Section 604.2 Oral Evidence is not adopted.
d. Sections 605.2 Hearing Before Examiner; 605.3 Consideration of Report by Board-Notice; 605.4 Exceptions to Report; 605.5 Disposition by the Board; and 605.6 Proposed Decision Not Adopted are not adopted.

23.30.070 Performance of Work of Repair or Demolition
Chapter 8 Performance of Work of Repair or Demolition is amended as follows:
a. Section 801.1 Procedure is amended as follows:

When any work or repair or demolition is to be done pursuant to Section 701.3, Item 3, of this code, the building official shall prepare the work to be accomplished by the City or private contract under the direction of the Director of the Community Development Department. b. Section 801.2 Costs is amended as follows:

The cost of such work done may be made a special assessment against the property involved, or may be a personal obligation of the property owner, or by all other legal means as determined appropriate by the City Council.
c. Section 802 Repair and Demolition Fund is not adopted.

23.30.080 Recovery of Cost of Repair or Demolition
Chapter 9 Recovery of Cost of Repair or Demolition is amended as follows:
a. Section 901 Account of Expense, Filing of Report is amended as follows:

The Director of the Community Development Department shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to the provisions of Section 701.3, Item 3, of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the City Council a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 401.3.
b. Section 905.2 Personal Obligation is amended as follows:
905.2 Personal Obligation. If the City Council orders that the charge shall be a personal obligation of the property owner, the City Attorney may direct the collection of the charge by use of all appropriate legal remedies.

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c. Section 912 Repayment of Repair and Demolition Fund is not adopted.

Section 16. Section 23.36.010 of the San Mateo Municipal Code is amended as follows:

23.36.010 Adoption
a. The 2022 California Historical Building Code, California Code of Regulations, Title 24, Part 8, as adopted and amended by the State of California, hereinafter called "Historical Building Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Historical Building Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
c. A copy of the Historical Building Code shall at all times be kept on file in the office of the City Clerk.

Section 17. Section 23.38.010 of the San Mateo Municipal Code is amended as follows:

23.38.010 Adoption
a. The 2022 California Referenced Standards Code, California Code of Regulations, Title 24, Part 12, as adopted and amended by the State of California, hereinafter called "Referenced Standards Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the California Referenced Standards Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof.

Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
c. A copy of the California Referenced Standards Code shall at all times be kept on file in the office of the City Clerk.

Section 18. The title of Chapter 23.50 of the San Mateo Municipal Code is amended as follows:

Chapter 23.50

ACCESS COMPLIANCE
Section 19. Section 23.50.010 of the San Mateo Municipal Code is amended as follows:

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23.50.010 ACCESS COMPLIANCE.

The Access Compliance Reference Materials of the state as prepared by the Division of State Architect shall be followed wherever they are applicable.

Section 20. 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 21. 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 22. 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 California Government Code section 6066.

Section 23. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective on January 1, 2023.

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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: 5 Section Name: CONSENT CALENDAR Account Number: 10-3134 File ID: 22-6512-01 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: November 7, 2022
SUBJECT:
“Appeal of Administrative Citation” Amendments – Ordinance Adoption RECOMMENDATION:

Adopt an Ordinance to amend San Mateo Municipal Code Chapter 1.10, Section 1.10.060 "Appeal of Administrative Citation" and Chapter 2.21 “Community Relations Commission” to create an administrative citation appeal procedure before an impartial hearing officer related to violations of technical building and health and safety codes.

BACKGROUND:

On October 17, 2022, the City Council introduced the attached ordinance to amend San Mateo Municipal Code Chapter

1.10, Section 1.10.060 "Appeal of Administrative Citation" and Chapter 2.21 “Community Relations Commission” to create an administrative citation appeal procedure before an impartial hearing officer related to violations of technical building and health and safety codes.

BUDGET IMPACT:

There is no budget impact, as this is simply a change in procedure and minor code amendment prepared by staff.

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).)

NOTICE PROVIDED
All meeting noticing requirements have been met.

ATTACHMENTS
Att. 1 – Ordinance

STAFF CONTACT
Christina Horrisberger
Community Development Department Director
[email protected]
(650) 522-7210

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CITY OF SAN MATEO

DRAFT ORDINANCE
An Ordinance Amending San Mateo Municipal Code Section 1.10.060, “Appeal of Administrative Citation,” of Title 1, “General Provisions,” and Amending San Mateo Municipal Code Chapter 2.21, “Community Relations Commission,” of Title 2 “Administration and Personnel,” to Form an Administrative Citation Appeal Procedure Before an Impartial Hearing Officer for Administration Citations Related to Technical Building Codes and Health & Safety Codes
WHEREAS, California Government Code Section 53069.4 authorizes local agencies to make any violation of the San Mateo Municipal Code subject to administrative fines or penalties, including violations of technical building codes and health and safety codes by ordinance; and WHEREAS, the ordinance must set forth the procedures for the imposition, enforcement, collection, and administrative review of a violation; and
WHEREAS, San Mateo Municipal Code Chapter 1.10 governs the City’s procedures for the imposition, enforcement, collection, and review of administrative citations; and WHEREAS, pursuant to San Mateo Municipal Code Section 1.10.060 and Chapter 2.21, the review of administrative citations is currently heard by the Community Relations Commission; and WHEREAS, the Community Relations Commission does not possess the technical expertise related to violations of building codes and health and safety codes; and WHEREAS, the City desires to establish an administrative review procedure for administrative citations related to violations of technical building codes and health and safety codes before an impartial hearing officer with a final appeal to City Council.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Section 1.10.060 of the San Mateo Municipal Code is amended as follows:

1.10.060 APPEAL OF ADMINISTRATIVE CITATION.
(a) Persons receiving an administrative citation may appeal it within 10 working days from the date the administrative citation is served. The notice of appeal must be in writing, and accompanied by the nuisance abatement fee, and must specify the basis for the appeal. It must be received by the Director of the Community Development Department within 10 working days. If the deadline falls on a weekend or City holiday, then the deadline shall be extended until the next regular business day. (b) The Community Relations Commission will hear and decide administrative citation appeals, except for administrative citation appeals relating to violations of Chapter 7.14, Chapters 23.06 through 23.56, Chapter

23.70, and Chapter 23.72 of this Code.

A hearing officer will hear and decide administrative citation appeals relating to violations of Chapter

7.14, Chapters 23.06 through 23.56, Chapter 23.70, and Chapter 23.72 of this Code. The City Manager, or his or her designee, shall appoint a hearing officer for administrative citation hearings under this section who shall not

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be the citing enforcement officer. The evaluation, compensation, and/or other benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of the administrative fees or penalties, or the rulings upheld, revised, or otherwise issued by the hearing officer. (c) As soon as practicable after receiving the written notice of appeal, the Director of the Community Development Department shall review it for sufficiency. If found to be complete and in conformance with this section, the City shall set the appeal hearing for the next available Community Relations Commission meeting, or for administrative citation appeals held pursuant to subsection (b) above, a hearing before a hearing officer.

Written notice of the time and place for the hearing may be served by personal service, or first class mail to the address provided by the responsible party on the notice of appeal. (d) The failure of any person with an interest in the property to receive such properly addressed notice of the hearing shall not affect the validity of any proceedings under this chapter. Service by first class mail shall be effective on the date of mailing.
(e) Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of that person's rights to contest the merits of the citation and the imposition of the nuisance abatement fee.
(f) The Community Relations Commission or hearing officer shall conduct an orderly fair hearing and accept evidence on which persons commonly would rely in the conduct of their business affairs as follows:
(1) A valid citation and any additional report submitted on behalf of the City shall constitute presumptive evidence of the facts contained in those documents and prima facie evidence of the violation;
(2) The Community Relations Commission or hearing officer may conduct the hearing informally, both as to the rules of procedure and admission of evidence, and in any manner which will provide a fair hearing to obtain additional evidence;
(3) The owner, agent, responsible party, or any other interested person may present testimony or evidence concerning the violation and the means and time frame for correction; and (4) The failure of any alleged violator to appear at the hearing after proper notice or, in the alternative, to present written or other evidence shall constitute an admission of the violation and an exhaustion of administrative remedies that will bar judicial review. (g) The City shall establish all appropriate administrative regulations for conducting hearings and rendering decisions pursuant to this section.
(h) The Community Relations Commission or hearing officer shall determine whether to affirm or dismiss the administrative citation. The Commission or hearing officer may reduce, waive or conditionally reduce the nuisance abatement fee stated in the citations or any late fees assessed based on a showing of good cause. The Commission or hearing officer may impose conditions and deadlines for correction of violations and make such direction to enforcement officers to assure compliance.

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(i) The Community Relations Commission or hearing officer shall make findings based on the record of the hearing and make a written decision based on the findings. The City shall preserve all exhibits submitted by the parties for a 180-day period and shall serve the decision by first class mail on the contestant within 10 working days after the hearing. The decision of the Commission or hearing officer may be appealed to the City Council in writing within 10 working days of the day the Commission's or hearing officer’s decision is served. The appeal before the City Council will follow the same procedures and requirements as the underlying appeal hearing before the Community Relations Commission or hearing officer.

Section 2. Section 2.21.010 of the San Mateo Municipal Code is amended as follows:

2.21.010 ORGANIZATION.

The Community Relations Commission of the City shall consist of no more than five members appointed by the Council. In making appointments, the Council shall insure that the persons appointed are representative of the neighborhoods and ethnic communities to be served by the Commission as hereinafter provided.

Each member of the Community Relations Commission shall serve at the pleasure of the Council and for a term of four years, or until the appointment and qualification of a successor. No member shall be eligible for reappointment after serving two consecutive four-year terms.

Section 3. Section 2.21.020 of the San Mateo Municipal Code is amended as follows:

2.21.020 MEETINGS.

The Community Relations Commission shall elect a chair and vice-chair to serve at the pleasure of the Commission. The Commission may adopt reasonable rules and regulations for the conduct of its business. A regular time and place of meetings shall be established and adhered to in the manner of holding public meetings for legislative bodies in the state. All meetings shall be open to the public unless by law otherwise provided.

Section 4. Section 2.21.030 of the San Mateo Municipal Code is amended as follows:

2.21.030 POWERS—DUTIES.

The Community Relations Commission shall have the following powers and duties:
(a) To conduct public hearings pursuant to Chapter 7.16. (b) Reserved.
(c) To hear requests from the Director of the Community Development Department, or his or her designee, for orders to abate violations of Title 25 or Title 27, as provided in Chapter 7.16. (d) To hear appeals for administrative citations pursuant to Section 1.10.060, except for administrative citation appeals relating to violations of Chapter 7.14, Chapters 23.06 through 23.56, Chapter 23.70, and Chapter 23.72 of this Code.

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(e) To study, investigate, mediate and hold public hearings on community-wide problems arising in this City, especially those which may result in intergroup tensions or discrimination because of race, religion, color, ancestry or place of birth.
(f) To provide oversight of Federal, State or other grant programs that implement public service, housing, and community development programs, and make recommendations on those programs which may be assigned to them by the Council.
(g) To work with organizations of similar intent formulated by public agencies having jurisdiction within the City and with the Human Relations Commission of the County. To this end, a member shall be assigned as liaison to each group and shall attend the meetings thereof and report thereon to the Commission. Any person assigned as liaison from the County Commission, or other such group, to this Community Relations Commission shall be an ex officio member but shall have no vote.
(h) Such other powers and duties as maybe prescribed from time to time by ordinance or resolution of the Council.

The Community Relations Commission shall make recommendations to the Council to correct, reduce or eliminate existing inequalities and disadvantages and prepare, encourage and coordinate programs of voluntary affirmative action to insure the complete utilization of the human resources of this community for the betterment of all its inhabitants.

Section 5. Section 2.21.050 of the San Mateo Municipal Code is amended as follows:

2.21.050 APPEALS.

Decisions of the Community Relations Commission regarding violations of the San Mateo Municipal Code and public nuisances may be appealed to the City Council as set forth in this Code.

Section 6. 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 7. 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 8. 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 9. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

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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: 6 Section Name: CONSENT CALENDAR Account Number: 10-1311 File ID: 22-6700-01 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: November 7, 2022
SUBJECT:

Sustainability-Related Amendments to the 2022 California Building Standards Code – Ordinance Adoption RECOMMENDATION:

Adopt an Ordinance to amend the San Mateo Municipal Code Chapter 23.40 "Energy Code" to adopt the 2022 California Energy Code by reference and amend the San Mateo Municipal Code Chapter 23.70 "Green Building Code" to adopt the 2022 California Green Building Standards Code with local amendments to require enhanced electric vehicle charging infrastructure beyond state requirements, require all-electric new construction, and require electric-readiness and electric appliances during residential building remodels.

BACKGROUND:

On October 17, 2022, the City Council introduced the attached ordinance (Attachment 1) to amend the San Mateo Municipal Code Chapter 23.40 "Energy Code" to adopt the 2022 California Energy Code by reference and amend the San Mateo Municipal Code Chapter 23.70 "Green Building Code" to adopt the 2022 California Green Building Standards Code with local amendments to require enhanced electric vehicle charging infrastructure beyond state requirements, require all-electric new construction, and require electric-readiness and electric appliances during residential building remodels Initially, the draft ordinance required air conditioner installations in conjunction with gas furnace replacements shall use heat pump air conditioner systems. At the October 17 City Council meeting, the City Council amended the ordinance to require all air conditioner installations shall use heat pump air conditioner systems; this revision was made on page 14 of the ordinance to reflect Council’s direction.

At the October 17 City Council meeting, staff unintentionally misrepresented the Bay Area Reach Codes Model Code for electric vehicle (EV) reach code requirements for multifamily buildings with 100% affordable housing. Staff’s presentation and agenda report stated new multifamily buildings would be required to install 15% Level 2 EVCS and 85% Low-Power Level 2 EV Ready and new multifamily buildings with 100% affordable housing would have slightly different requirements (15% Level 2 EVCS, 25% Low-Power Level 2 EV Ready, and 60% Level 1 EV Ready). Staff’s presentation and report were based on an old version of the Bay Area Reach Codes Model Code. The Bay Area Reach Codes group no longer recommends a separate requirement for affordable housing projects. Instead, all new multifamily buildings would be required to install 15% Level 2 EVCS and 85% Low-Power Level 2 EV Ready. The ordinance includes an exception process to address cost concerns related to EV charging infrastructure. Projects can be granted an exception if EV infrastructure costs increase construction costs by $400 per parking space for affordable housing projects and $4,500 per parking space for market rate housing. The exception process uses a lower-cost threshold for affordable housing to ensure reach code requirements do not deter the construction of affordable housing. No changes were made to the ordinance since the error was in staff’s presentation and agenda report and not in the draft ordinance.

Attachment 2 contains the amendments to the ordinance, reflected as tracked changes to the Green Building Code.

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CITY OF SAN MATEO
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BUDGET IMPACT:

The proposed local amendments will not have a budgetary impact on the City since the City is required to enforce the California Green Building Code.

ENVIRONMENTAL DETERMINATION:

The adoption of the reach code amendments is categorically exempt from CEQA review because it consists of an action, as authorized by state or local ordinance, intended to reduce greenhouse gas emissions for the protection of the environment and the regulatory process involves procedures for protection of the environment. (CEQA Guidelines Section 15308.)

NOTICE PROVIDED
All meeting noticing requirements were met. The ordinance will 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 accordance with California Government Code section 6066.

ATTACHMENTS
Att 1 - Ordinance
Att 2 - Green Building Code - Track Changes
Att 3 – Public Comments

STAFF CONTACT
Andrea Chow, Sustainability Analyst
[email protected]
(650) 522-7007

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CITY OF SAN MATEO

DRAFT ORDINANCE
An Ordinance amending San Mateo Municipal Code Chapter 23.24 “Energy Code,” of Title 23, “Building and Construction,” to adopt the California Energy Code, 2022 Edition, by reference and amending San Mateo Municipal Code Chapter 23.70 “ Green Building Code,” of Title 23, “Building and Construction,” to adopt the California Green Building Standards Code, 2022 Edition, with Local Amendments WHEREAS, the California Energy Code and Green Building Standards Code, 2022 Edition, have been released by the State and requires adoption by local jurisdictions; and WHEREAS, the City of San Mateo’s (City) Climate Action Plan recommended the City review local amendments to the California Energy Code and Green Building Standards Code to promote building electrification and electric vehicle adoption; and
WHEREAS, the California Energy Commission advised local jurisdictions that local amendments requiring electrification are not energy conservation or efficiency standards and thus fall outside of the scope of the California Energy Commission and therefore the City desires to adopt the California Energy Code, 2022 Edition, by reference without local amendment; and
WHEREAS, the City desires to adopt the California Green Building Standards Code, 2022 Edition, by reference with local amendments to include electrification requirements; and WHEREAS, the local amendments amend the California Green Building Standards Code to require enhanced electric vehicle charging infrastructure beyond state requirements, require all-electric new construction, and require electric-readiness and electric appliances during residential building remodels; and WHEREAS, California Health and Safety Code Sections 17922, 17958, 17958.5, 17958.7, and 18941.5 authorizes the City to make local amendments to the California Green Building Standards Code upon express findings that the local amendments are reasonably necessary due to local climatic, geographical, or topographical conditions; and
WHEREAS, concurrent with this ordinance, the City Council of the City of San Mateo has adopted a resolution adopting express findings in support of local amendments to the California Green Building Standards Code, 2022 Edition.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Section 23.24.010 of the San Mateo Municipal Code is amended as follows:

23.24.010 Adoption
(a) The California Energy Code, 2022 Edition, Title 24, Part 6 of the California Code of Regulations, as adopted and amended by the State of California, hereinafter called "Energy Code," is adopted as the rules, regulations and standards within this City as to all matters therein except as hereinafter modified or amended.

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(b) One copy of the Energy Code shall at all times be kept on file in the office of the City Clerk.

Section 2. Section 23.24.020 of the San Mateo Municipal Code is repealed.

Section 3. Section 23.24.030 of the San Mateo Municipal Code is repealed.

Section 4. Section 23.24.040 of the San Mateo Municipal Code is repealed.

Section 5. Section 23.24.050 of the San Mateo Municipal Code is repealed.

Section 6. Section 23.24.060 of the San Mateo Municipal Code is repealed.

Section 7. Section 23.24.070 of the San Mateo Municipal Code is repealed.

Section 8. Section 23.24.080 of the San Mateo Municipal Code is repealed.

Section 9. Section 23.70.010 of the San Mateo Municipal Code is amended as follows:

23.70.010 Adoption
(a) The California Green Building Standards Code, 2022 Edition, Title 24, Part 11 of the California Code of Regulations, as adopted and amended by the State of California, hereinafter called "Green Building Code," is adopted as the rules, regulations and standards within this City as to all matters therein except as hereinafter modified or amended;
(b) One copy of the Green Building Code shall at all times be kept on file in the office of the City Clerk.

Section 10. Section 23.70.020 of the San Mateo Municipal Code is amended as follows:

23.70.020 Local Amendments to Definitions
(a) The most commonly used definitions of the Green Building Code are set forth below:

Addition. An extension or increase in floor area of an existing building or structure.

Alteration or Alter. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.

Electric Vehicle (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles. For purposes of the California Electrical Code, off-road, self-propelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like, are not included.

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Electric Vehicle Charging Space (EV Space). A space intended for future installation of EV charging equipment and charging of electric vehicles.

Electric vehicle supply equipment (EVSE). The conductors, including the undergrounded, grounded, and equipment grounding conductors and the electric vehicles connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between premises wiring and the electric vehicle.

Newly Constructed (or New Construction). A newly constructed building (or new construction) does not include additions, alterations or repairs.

Off-Street Loading Spaces. An area, other than a public street, public way, or other property (and exclusive of off-street parking spaces), permanently reserved or set aside for the loading or unloading of motor vehicles, including ways of ingress and egress and maneuvering areas. Whenever the term "loading space" is used, it shall, unless the context clearly requires otherwise, be construed as meaning off-street loading space. This excludes designated passenger loading/unloading. (b) Green Building Code Section 202 is amended to include the following definitions:

Affordable Housing. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

All-Electric Building. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.

Appliance Upgrade. The installation, relocation, or replacement of any appliance.

Automatic Load Management System (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

Combustion Equipment. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

Direct Current Fast Charging (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
(1) A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.

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(2) Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

Electric Heating Appliance. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

Electric Vehicle Charging Station (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

Fuel Gas. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these, as defined in the California Mechanical Code.

Fuel Gas Infrastructure. Piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the gas meter, service meter assembly, outlet of the service regulator, service shutoff valve, or final pressure regulator, whichever is applicable, as defined in the California Mechanical Code.

Laboratory. A room, building or area where the use and storage of hazardous materials are utilized for testing, analysis, instruction, research or developmental activities.

Level 1 EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
(1) A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. (2) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
(3) Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

Level 2 EV Capable. A parking space provided with electrical infrastructure that meets the following requirements:
(1) Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space. (2) The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of

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branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
(3) The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” (4) Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes. (5) The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.

Level 2 EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
(1) A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. (2) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three feet of the parking space.
(3) If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

Low Power Level 2 EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
(1) A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. (2) A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
(3) Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

Repair. Reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage, as defined in the California Existing Building Code. (c) Green Building Code Section 202 is amended to delete the following definitions:

Electric Vehicle (EV) Capable Space. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

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Electric Vehicle (EV) Ready Space. [HCD] A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

Level 2 Electric Vehicle Supply Equipment (EVSE). [HCD] The 208/240 Volt 40ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

Low Power Level 2 Electric Vehicle [EV] Charging Receptable. [HCD] A 208/240 Volt 20- ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.

Section 11. Section 23.70.030 of the San Mateo Municipal Code is amended as follows:

23.70.030 Local Amendment Regarding Electric Vehicle Charging for New One- and Two-Family Dwellings and Town-Houses
(a) Green Building Code Section 4.106.4.1, "New one- and two-family dwellings and town-houses with attached private garages," is amended to read as follows:

4.106.4.1 New one- and two-family dwellings and town-houses with attached private garages. (b) Green Building Code Section 4.106.4.1.1, "Identification," is amended to read as follows:

4.106.4.1.1 New Construction. One parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space.

Section 12. Section 23.70.040 of the San Mateo Municipal Code is amended as follows:

23.70.040 Local Amendment Regarding Electric Vehicle Charging for New Multifamily Residential Construction (a) Green Building Code Section 4.106.4 “Electric vehicle (EV) charging for new construction,” is amended to read as follows:

4.106.4 Electric vehicle (EV) charging. New construction shall comply with Section 4.106.4.1 or

4.106.4.2, and 4.106.4.3, to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

1.1 Where there is no local utility power supply or the local utility is unable to supply

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adequate power.

1.2 Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

1.3 Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. ADUs and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.

2. Projects with multifamily residential units that submitted Planning Applications prior to the effective date of this ordinance.

3. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
(b) Green Building Code Section 4.106.4.2, "New multifamily dwellings, hotels and motels and new residential parking facilities," is amended to read as follows:

4.106.4.2 New multifamily dwellings and new residential parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included. (c) Green Building Code Section 4.106.4.2.1, "Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms," is amended to read as follows:

4.106.4.2.1 New Construction. Fifteen percent (15%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging.

Eighty-five percent (85%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

Note: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or one- hundred percent (100%) of parking spaces, whichever is less. (d) Green Building Code Section 4.106.4.2.2, "Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms," is amended to read as follows:

4.106.4.2.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent

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of the total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.

Notes:

1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.
(e) Green Building Code Section 4.106.4.2.2.1 “Electric vehicle charging stations (EVCS)” is not adopted (f) Green Building Code Section 4.106.4.2.2.1.1 “Location” is not adopted (g) Green Building Code Section 4.106.4.2.2.1.2 “Electric vehicle charging stations (EVCS) dimensions” is not adopted
(h) Green Building Code Section 4.106.4.2.2.1.3 “Accessible EV spaces” is not adopted (i) Green Building Code Section 4.106.4.2.3 “EV Space requirements” is not adopted (j) Green Building Code Section 4.106.4.2.4 “Identification” is not adopted (k) Green Building Code Section 4.106.4.2.5 “Electric Vehicle Ready Space Signage” is not adopted (l) Green Building Code Section 4.106.4.3 “Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings,” is amended, and adds new subsections to read as follows:

4.106.4.3 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section

4.106.4.2 shall comply with Section 4.106.4.3.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

4.106.4.3.1 Location. EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.3.1 and Section 4.106.4.3.2.

4.106.4.3.2 Dimensions. The charging spaces shall be designed to comply with the following:

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1. The minimum length of each EV space shall be 18 feet (5486 mm).

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.

Exception: Where the City’s Municipal or Zoning Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B- 228.3.2.1 and 11B-812, as applicable.
(m) Green Building Code Section 4.106.4, "Electric vehicle (EV) charging for new construction," is amended to add a new subsection and read as follows:

4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

Section 13. Section 23.70.050 of the San Mateo Municipal Code is amended as follows:

23.70.050 Local Amendment Regarding Electric Vehicle Charging for New Non-residential Construction (a) Green Building Code Section 5.106.5.3, "Electric vehicle (EV) charging," is amended, and adds new subsections to read as follows:

5.106.5.3 Electric vehicle (EV) charging. Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3.

For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of

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$4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared Parking Space.

5.106.5.3.1.1 New Construction. Twenty percent (20%) of parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities.

5.106.5.3.2.1 New Construction. Five percent (5%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging.

Twenty-five percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.

5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces. (b) Green Building Code Section 5.106.5.4 “Electric vehicle (EV) charging: medium-duty and heavy-duty,” is amended to read as follows:

5.106.5.4 Electric vehicle (EV) charging readiness. Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section

5.106.5.4.1 for future installation of medium- and heavy-duty EVSE. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the

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implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

Section 14. Section 23.70.060 of the San Mateo Municipal Code is amended as follows:

23.70.060 Local Amendment Regarding All-Electric Requirements for New Residential Construction (a) Green Building Code Section 4.106 “Site Development,” is amended to include new subsections to read as follows:

4.106.5 All-electric buildings. New construction buildings shall comply with Section 4.106.5.1 or

4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.

4.106.5.1 New construction. All newly constructed buildings shall be all-electric buildings.

Exceptions:

If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 4.106.5.2.

Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The City of San Mateo shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

4.106.5.2 Requirements for combustion equipment.

Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical

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receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

Section 15. Section 23.70.070 of the San Mateo Municipal Code is amended as follows:

23.70.070 Local Amendment Regarding All-Electric Requirements for New Nonresidential Construction (a) Green Building Code Section 5.106 “Site Development” is amended to include new subsections as follows:

5.106.13 All-electric buildings. New construction buildings shall comply with Section 5.106.13.1 or

5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.

5.106.13.1. New construction. All newly constructed buildings shall be all-electric buildings.

Exceptions:

1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the local enforcing agency for a modification to install commercial food heat-processing equipment served by fuel gas. The local enforcing agency may grant the modification if they find:
a. A business-related need to cook with combustion equipment; and b. The need cannot be achieved equivalently with an electric heating appliance; and c. The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise qualifications, as available.
d. The applicant shall comply with Section 5.106.13.2.

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2. Laboratory areas within Non-Residential Buildings may contain non-electric Space Conditioning Systems. To take advantage of this exception, an applicant shall provide third party verification that the All-electric space heating requirement is not cost effective and feasible.

3. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 5.106.13.2
Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The City of San Mateo shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

5.106.13.2. Requirements for combustion equipment. Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions.

Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating

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appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

Section 16. Section 23.70.080 of the San Mateo Municipal Code is amended as follows:

23.70.080 Local Amendment Regarding Electrification Requirements for Existing Residential Buildings (a) Green Building Code Section 4.106 “Site Development” is amended to include new subsections as follows:

4.106.5.3 Existing one- and two-family dwellings.

4.106.5.3.1 Space cooling appliance upgrades shall use electricity for space heating, unconnected to fuel gas infrastructure. Any other space heating system serving the space shall be removed or configured to provide supplemental heat.

4.106.5.3.2 Alterations and additions that include water heater appliance upgrades shall be all- electric, unconnected to fuel gas infrastructure.

4.106.5.3.3 Kitchen alterations shall include a 240v, 50 ampere circuit and receptacle installed within 6 feet of the cooktop, oven, and/or range location.

4.106.5.3.4 Alterations to areas designated for the installation of laundry equipment shall include a 240v, 30 ampere circuit and receptacle installed within 6 feet of clothes drying appliance location.

4.106.5.4 Existing residential buildings.

4.106.5.4.1 Alterations or additions that involve or require an increase to the capacity of electrical panels or transformers as part of the scope, the electrical panel shall include reserved physical space for overcurrent protection devices, and transformers shall include reserved electrical capacity, as calculated per California Electric Code Section 220 for the following current or proposed appliances, as applicable to the project site, that will not be connected to fuel gas infrastructure:

1. Electric water heaters meeting the requirements of the California Energy Code.

2. Electric space heater and air-conditioner meeting the requirements of the California Energy Code.

3. Electric pool and/or spa water heater.

4. Electric clothes dryer.

5. Electric cooking equipment.

6. Electric vehicle charger
Exceptions:

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1. Buss bar electrical capacity shall not be required to exceed the proposed utility electrical service to the building. Capacity and overcurrent protection spaces shall be reserved in the priority listed above to the extent allowable under the proposed buss bar capacity.

2. Reserved electric vehicle charger panel capacity may be shared with one of the following: water heater, clothes dryer, or cooking equipment.

3. Electrical panels with internet-connected overcurrent protection devices that monitor circuit load and manage power distribution.

4.106.5.4.2 Existing fuel gas infrastructure shall not be extended to any appliance, system or device within the building or building property. Inactive fuel gas infrastructure shall not be activated or otherwise operated.

Exceptions: The following are exempt from the provisions of Section 4.106.5.3 “Existing one- and two-family dwellings” and Section 4.106.5.4 “Existing residential buildings,”

1. Where meeting the provisions of Section 4.106.5.3 or 4.106.5.4 would necessitate an increase in capacity for an electrical panel, feeders, transformer, or electrical service that is not part of the appliance upgrade scope, in order to meet the requirements of the California Electrical Code. To qualify for this exception, applicant must provide a calculation conforming to the California Electrical Code.

2. Economic hardship exemptions shall be provided if the replacement cost for an all-electric system, including all incentives, is greater than 110 percent of a like-for-like fuel gas system replacement, including the future costs of electrification retrofits. The building official shall consult with the Community Development Director in deciding whether to approve an economic hardship exemption.

Section 17. Section 23.70.090 of the San Mateo Municipal Code is added to Chapter 23.70 as follows:

23.70.090 Expiration
These local code amendments shall sunset when the California Green Building Standards Code, 2022 Edition, is no longer in effect.

Section 18. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15308, adoption of this ordinance is categorically exempt from CEQA, because adoption of these green building standards is authorized by the state and is intended to assure the protection of the environment by reducing greenhouse gas emissions.

Section 19. 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.

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Section 20. 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 California Government Code section 6066.

Section 21. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective January 1, 2023.

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Chapter 23.70

GREEN BUILDING CODE

23.70.010 Adoption
(a) The California Green Building Standards Code, 202219 Edition, Title 24, Part 11 of the California Code of Regulations, as adopted and amended by the State of California, hereinafter called "Green Building Code," is adopted as the rules, regulations and standards within this City as to all matters therein except as hereinafter modified or amended; (b) One copy of the Green Building Code shall at all times be kept on file in the office of the City Clerk.

23.70.020 Local Amendments to Definitions
(a) The definitions contained Chapter 2, "Definitions" of the state Green Building Code are adopted.
(b)(a) The most commonly used definitions of the Green Building Code are set forth below:

ADDITION. An extension or increase in floor area of an existing building or structure.

ALTERATION OR ALTER. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.

Electric Vehicle (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles. For purposes of the California Electrical Code, off-road, self-propelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like, are not included.

Electric Vehicle Charging Space (EV Space). A space intended for future installation of EV charging equipment and charging of electric vehicles.

Electric vehicle supply equipment (EVSE). The conductors, including the undergrounded, grounded, and equipment grounding conductors and the electric vehicles connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between premises wiring and the electric vehicle.

NEWLY CONSTRUCTED (or NEW CONSTRUCTION). A newly constructed building (or new construction) does not include additions, alterations or repairs.

OFF-STREET LOADING SPACES. An area, other than a public street, public way, or other property (and exclusive of off-street parking spaces), permanently reserved or set aside for the loading or unloading of motor vehicles, including ways of ingress and egress and maneuvering areas. Whenever the term

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"loading space" is used, it shall, unless the context clearly requires otherwise, be construed as meaning off-street loading space. This excludes designated passenger loading/unloading. (c)(b) Chapter 2 "Definitions,"Green Building Code Section 202 of the state Green Building Code is amended to include the following definitions:

AFFORDABLE HOUSING. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.

ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.

APPLIANCE UPGRADE. The installation, relocation, or replacement of any appliance.

AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

DIRECT CURRENT FAST CHARGING (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
i. A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring. ii. Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.

ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

ELECTRIC VEHICLE CHARGING STATION (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.

FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these, as defined in the California Mechanical Code.

FUEL GAS INFRASTRUCTURE. Piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the gas meter,

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service meter assembly, outlet of the service regulator, service shutoff valve, or final pressure regulator, whichever is applicable, as defined in the California Mechanical Code.

LABORATORY. A room, building or area where the use and storage of hazardous materials are utilized for testing, analysis, instruction, research or developmental activities.

LEVEL 1 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

LEVEL 2 EV CAPABLE. A parking space provided with electrical infrastructure that meets the following requirements:
i. Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space.
ii. The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit. iii. The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as “EV CAPABLE.” iv. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes. v. The parking space shall contain signage with at least a 12” font adjacent to the parking space indicating the space is EV Capable.

LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.

LOW POWER LEVEL 2 EV READY. A parking space that is served by a complete electric circuit with the following requirements:
i. A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring. ii. A receptacle labeled “Electric Vehicle Outlet” or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE

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shall be 16-ampere.
i.iii. Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.

REPAIR. Reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage, as defined in the California Existing Building Code.

Level 2 EVSE. An EVSE capable of charging at 30 amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously charging at 30 amperes for each of two vehicles shall be counted as two Level 2 EVSE. (c) Green Building Code Section 202 is amended to delete the following definitions:

ELECTRIC VEHICLE (EV) CAPABLE SPACE. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

ELECTRIC VEHICLE (EV) READY SPACE. [HCD] A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] The 208/240 Volt 40ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE. [HCD] A 208/240 Volt 20- ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.

23.70.030 Local Amendment Regarding Electric Vehicle Charging For New One- and Two-Family Dwellings and Town-Houses
(a) Green Building Code Section 4.106.4.1, "New one- and two-family dwellings and town-houses with attached private garages," is amended to require the Tier 1 and Tier 2 requirement per Section A4.106.8.1 and A4.106.8.1.1 of the Green Building Code as followsread as follows:

4.106.4.1 New one- and two-family dwellings and town-houses with attached private garages. (b) Green Building Code Section 4.106.4.1.1, "Identification," is amended to read as follows:

4.106.4.1.1 New Construction One parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space. .(1) Tier 1 and Tier 2. For each dwelling unit, a dedicated 208/240-volt branch circuit shall be installed in the raceway required by Section 4.106.4.1. The branch circuit and associated overcurrent protective device shall be rated at 40 amperes minimum. Other electrical components, including a receptacle or blank cover, related to this section shall be installed in accordance with the California Electrical Code.

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A4.106.8.1.1 Identification. The service panel or sub-panel circuit directory shall identify the overcurrent protective device designated for future EV charging purposes as "EV READY" in accordance with the California Electrical Code. The receptacle or blank cover shall be identified as "EV READY."

23.70.040 Local Amendment Regarding Electric Vehicle Charging For New Multifamily Residential Construction
(a) Green Building Code Section 4.106.4 “Electric vehicle (EV) charging for new construction,” is amended to read as follows:

4.106.4 Electric vehicle (EV) charging. New construction shall comply with Section 4.106.4.1 or

4.106.4.2, and 4.106.4.3, to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.

Exceptions:

1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:

1.1. Where there is no local utility power supply or the local utility is unable to supply adequate power.

1.2. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. ADUs and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.

3. Projects with multifamily residential units that submitted Planning Applications prior to the effective date of this ordinance.

4. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
(b) Green Building Code Section 4.106.4.2, "New multifamily dwellings, hotels and motels and new residential parking facilities," is amended to read as follows:
(b)

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Tier 1: 15 percent of the total number of parking spaces on a building site, provided for all types of parking facilities, but in no case less than one, shall be electric vehicle charging spaces (EV spaces) capable of supporting future electric vehicle supply equipment (EVSE). Calculations for required number of EV spaces shall be rounded up to the nearest whole number.

Requirements related to EV spaces for multifamily residential projects can be found in Green Building Code Sections 4.106.4.2.3 "Single EV space required" and 4.106.4.2.4 "Multiple EV spaces required."

4.106.4.2 New multifamily dwellings and new residential parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included. (c)Green Building Code Section 4.106.4.2.1, "Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms," is amended to read as follows:

4.106.4.2.1 New Construction. Fifteen percent (15%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Eighty-five percent (85%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.

Note: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or one-hundred percent (100%) of parking spaces, whichever is less. (d) Green Building Code Section 4.106.4.2.2, "Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms," is amended to read as follows:

4.106.4.2.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.

Notes:

1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.
(e) Green Building Code Section 4.106.4.2.2.1 “Electric vehicle charging stations (EVCS)” is not adopted
(f) Green Building Code Section 4.106.4.2.2.1.1 “Location” is not adopted

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(g) Green Building Code Section 4.106.4.2.2.1.2 “Electric vehicle charging stations (EVCS) dimensions” is not adopted
(h) Green Building Code Section 4.106.4.2.2.1.3 “Accessible EV spaces” is not adopted (i) Green Building Code Section 4.106.4.2.3 “EV Space requirements” is not adopted (j) Green Building Code Section 4.106.4.2.4 “Identification” is not adopted (k) Green Building Code Section 4.106.4.2.5 “Electric Vehicle Ready Space Signage” is not adopted (c) Green Building Code Section 4.106.4.3 “Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings,” is amended, and adds new subsections to read as follows:
(l)

4.106.4.3 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section

4.106.4.2 shall comply with Section 4.106.4.3.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

4.106.4.3.1 Location. EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section

4.106.4.3.1 and Section 4.106.4.3.2.

4.106.4.3.2 Dimensions. The charging spaces shall be designed to comply with the following:

1. The minimum length of each EV space shall be 18 feet (5486 mm).

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8- foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.

Exception: Where the City’s Municipal or Zoning Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.3.2, and the compliance

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with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B- 228.3.2.1 and 11B-812, as applicable.
(m) Green Building Code Section 4.106.4, "Electric vehicle (EV) charging for new construction," is amended to add a new subsection and read as follows:

4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.

23.70.050 Local Amendment Regarding Electric Vehicle Charging for New Non-residential Construction
(a) Green Building Code Section 5.106.5.3.3, "EV charging space calculationElectric vehicle (EV) charging," is amended, and adds new subsections to read as follows require increased standards for new non-residential buildings with ten parking spaces or more as follows:

5.106.5.3 Electric vehicle (EV) charging. Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3.

For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.

2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared Parking Space.

5.106.5.3.1.1 New Construction. Twenty percent (20%) of parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable.

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5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities.

5.106.5.3.2.1 New Construction. Five percent (5%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Twenty-five percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.

5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.

5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
(b) Green Building Code Section 5.106.5.4 “Electric vehicle (EV) charging: medium-duty and heavy- duty,” is amended to read as follows:

5.106.5.4 Electric vehicle (EV) charging readiness. Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section

5.106.5.4.1 for future installation of medium- and heavy-duty EVSE. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.to
(1) Ten percent of the total number of parking spaces provided for all types of parking facilities shall be EV spaces capable of supporting future EVSE. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. (2) Five percent of the total number of parking spaces provided for all types of parking facilities shall be equipped with Level 2 EVSE. Calculations for the required number of spaces with Level 2 EVSE shall be rounded up to the nearest whole number.

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Requirements related to EV spaces for nonresidential projects can be found in Green Building Code Sections 5.106.5.3.1 "Single charging space requirements" and 5.106.5.3.2 "Multiple charging space requirements."

23.70.060 Local Amendment Regarding All-Electric Requirements for New Residential Construction (a) Green Building Code Section 4.106 “Site Development,” is amended to include new subsections to read as follows:

4.106.5 All-electric buildings. New construction buildings shall comply with Section 4.106.5.1 or

4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.

4.106.5.1 New construction. All newly constructed buildings shall be all-electric buildings.

Exceptions:

If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification.

The applicant shall comply with Section 4.106.5.2.

Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The City of San Mateo shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

4.106.5.2 Requirements for combustion equipment.

Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

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3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

23.70.060 Local Amendment RegardingEe Electric Vehicle Space Design Requirements Green Building Code Section 4.106.4.2, "New multifamily dwellings," and Section 5.106.5.3.3, "EV charging space calculation" are amended to require EV space design requirements as follows:

For all projects subject to Title 24, Part 2, Chapter 11B, construction documents shall indicate how many accessible EV spaces would be required under the California Code of Regulations Title 24, Chapter 11B, if applicable, in order to convert EV spaces to include EVSE.

Construction documents shall also demonstrate that the facility is designed such that compliance with accessibility standards, including Chapter 11B accessible routes, will be feasible for the required accessible EV Space at the time of EVSE installation. Surface slope for any area designated for accessible EV Space shall meet slope requirements in Chapter 11B and vertical clearance requirements in Chapter 11B at the time of original building construction.

23.70.070 Local Amendment Regarding All-Electric Requirements for New Nonresidential Construction (a)Green Building Code Section 5.106 “Site Development” is amended to include new subsections and read as follows:

5.106.13 All-electric buildings. New construction buildings shall comply with Section 5.106.13.1 or

5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.

5.106.13.1. New construction. All newly constructed buildings shall be all-electric buildings.

Exceptions:

1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the local enforcing agency for a modification to install commercial food heat-processing equipment served by fuel gas. The local enforcing agency may grant the modification if they find:
a. A business-related need to cook with combustion equipment; and b. The need cannot be achieved equivalently with an electric heating appliance; and

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c. The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise qualifications, as available.
d. The applicant shall comply with Section 5.106.13.2.

2. Laboratory areas within Non-Residential Buildings may contain non-electric Space Conditioning Systems. To take advantage of this exception, an applicant shall provide third party verification that the All-electric space heating requirement is not cost effective and feasible.

3. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 5.106.13.2

Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The City of San Mateo shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.

5.106.13.2. Requirements for combustion equipment. Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

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5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

23.70.070 Modifications
If an applicant for a Covered Project believes that circumstances exist that make it infeasible to meet the requirements of this Chapter, the applicant may request a modification set forth in Section

23.06.015 of the Municipal Code. In applying for the modification, the burden is on the Applicant to show infeasibility. The Building Official may grant a modification to exempt the applicant from these requirements if he or she makes either of the following findings:
(a) Where there is insufficient electrical supply; or
(b) Where there is evidence substantiating that additional local utility infrastructure design requirements, directly related to the implementation of these requirements, may have a significant adverse impact the construction cost of the project.

23.70.080 Local Amendment Regarding Electrification Requirements for Existing Residential Buildings Expiration
(a)Green Building Code Section 4.106 “Site Development” is amended to include new subsections and read as follows:

4.106.5.3 Existing one- and two-family dwellings.

4.106.5.3.1 Space cooling appliance upgrades shall use electricity for space heating, unconnected to fuel gas infrastructure. Any other space heating system serving the space shall be removed or configured to provide supplemental heat.

4.106.5.3.2 Alterations and additions that include water heater appliance upgrades shall be all- electric, unconnected to fuel gas infrastructure.

4.106.5.3.3 Kitchen alterations shall include a 240v, 50 ampere circuit and receptacle installed within 6 feet of the cooktop, oven, and/or range location.

4.106.5.3.4 Alterations to areas designated for the installation of laundry equipment shall include a 240v, 30 ampere circuit and receptacle installed within 6 feet of clothes drying appliance location.

4.106.5.4 Existing residential buildings.

4.106.5.4.1 Alterations or additions that involve or require an increase to the capacity of electrical panels or transformers as part of the scope, the electrical panel shall include reserved physical space for overcurrent protection devices, and transformers shall include reserved

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electrical capacity, as calculated per California Electric Code Section 220 for the following current or proposed appliances, as applicable to the project site, that will not be connected to fuel gas infrastructure:

1. Electric water heaters meeting the requirements of the California Energy Code.

2. Electric space heater and air-conditioner meeting the requirements of the California Energy Code.

3. Electric pool and/or spa water heater.

4. Electric clothes dryer.

5. Electric cooking equipment.

6. Electric vehicle charger
Exceptions:

1. Buss bar electrical capacity shall not be required to exceed the proposed utility electrical service to the building. Capacity and overcurrent protection spaces shall be reserved in the priority listed above to the extent allowable under the proposed buss bar capacity.

2. Reserved electric vehicle charger panel capacity may be shared with one of the following: water heater, clothes dryer, or cooking equipment.

3. Electrical panels with internet-connected overcurrent protection devices that monitor circuit load and manage power distribution.

4.106.5.4.2 Existing fuel gas infrastructure shall not be extended to any appliance, system or device within the building or building property. Inactive fuel gas infrastructure shall not be activated or otherwise operated.

Exceptions: The following are exempt from the provisions of Section 4.106.5.3 “Existing one- and two- family dwellings” and Section 4.106.5.4 “Existing residential buildings,”

1. Where meeting the provisions of Section 4.106.5.3 or 4.106.5.4 would necessitate an increase in capacity for an electrical panel, feeders, transformer, or electrical service that is not part of the appliance upgrade scope, in order to meet the requirements of the California Electrical Code. To qualify for this exception, applicant must provide a calculation conforming to the California Electrical Code.

1.2. Economic hardship exemptions shall be provided if the replacement cost for an all-electric system, including all incentives, is greater than 110 percent of a like-for-like fuel gas system replacement, including the future costs of electrification retrofits. The building official shall consult with the Community Development Director in deciding whether to approve an economic hardship exemption.

Expiration
These local code amendments shall sunset the when the California Green Building Standards Code, 2022 Edition, is no longer in effect.23.70.090 Expiration [new section] These local code amendments shall sunset when the California Green Building Standards Code, 2022 Edition, is no longer in effect.

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From: Wendy Chou
Sent: Sunday, October 23, 2022 4:55 PM
To: City Council (San Mateo) <[email protected]>; Drew Corbett <[email protected]>; Kathy Kleinbaum <[email protected]>; Andrea Chow <[email protected]>
Subject:

Gratitude for October 17 reach codes vote
Dear Mayor Bonilla and City Council Members,
Congratulations on making a historic decision at the last Council meeting (Oct 17) and patiently hearing comments from constituents. You showed an understanding of the gravity of the climate crisis -- and how cities can protect public health by voting for stronger reach codes.

I am a parent of a 10-year-old and I am terribly concerned about our city’s vulnerability to climate impacts, both now and during my son's longer lifetime. One of my biggest concerns is our vulnerability to poor air quality during the extended wildfire season. There's also the mental stress from feeling powerless before extreme and unpredictable environmental conditions (which also raise costs from the perspective of insurance premiums). Finally, I worry about compounded effects (e.g. drought + heat waves, Covid + air quality, sea level rise flooding + earthquake evacuation) that are far more difficult to face than individual effects.

Thankfully, the Reach Code that you’re adopting is a strong step to addressing these distressing climate impacts -- and it will also make our homes healthier by avoiding unnecessary fossil fuel use. I believe that other Bay Area localities will likely follow suit, expanding the effect of this one city.

Measures like this make me very proud to live in San Mateo and grateful for your action.

Sincerely,
Wendy Chou
Resident of Westwood Knolls East

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From: James Higbie
Sent: Monday, October 24, 2022 6:07 PM
To: City Council (San Mateo) <[email protected]>; Drew Corbett <[email protected]>; Kathy Kleinbaum <[email protected]>; Andrea Chow <[email protected]>
Subject:

Reach Codes
Dear Mayor Bonilla and City Council Members,
Thank you very much for your leadership on climate and health with the new Reach Code that you voted on, on October 17th. As a father and a San Mateo resident, I am very concerned about our city’s and region's vulnerability to the effects of climate change, especially wildfire and particulate pollution, which are bad now and set to get much worse.

The Reach Code that you’re adopting is a practical and inspiring step toward addressing the climate crisis that will make our homes healthier by avoiding unnecessary fossil fuel use. Measures like this make me proud to live in San Mateo and grateful for your action.

Sincerely,
James Higbie

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From: Ivana Sebastian
Sent: Monday, October 24, 2022 8:11 AM
To: Robert Whitehair
Cc: Amourence Lee <[email protected]>; City Council (San Mateo) <[email protected]>
Subject:

Re: Reach Codes
Hello good morning. My original email was sent to the city council regarding heavy burden of electrical costs.

I don't recall authorizing Ms Lee, or city council members, to give out my contact information to people that are not on the city council. Please respect my wishes and do not forward my email address to individuals that are not on the city council.

I see this individual "Robert" has a
gmail account.

Thank you, much appreciated.

Ivana Sebastian
On Wed, Oct 19, 2022, 12:37 PM Robert Whitehair wrote:

Council Member Lee - Thank you for this introduction.

Dear Mr. Sebastian
It’s nice to meet you by email.

I would be very happy to talk with you further about the current City of San Mateo Reach Codes proposal (applicable to new construction and remodels only), and about electrification in general, as my wife and I have fully electrified our home.

My wife and I have owned a home in San Mateo for 40 years. We are both retired, not wealthy or rich, and last May we took out our handy dandy earthquake wrench and shut off the gas to our 1951 home.

In her email to you on October 17, Council Member Lee did a great job of explaining the Reach Codes proposal applicable to remodels. These consist of five limited measures, which include certain triggered electric upgrades in connection with
remodels only.

These measures are either cost neutral, or more affordable , as compared to
replacing gas equipment with new gas equipment. This is due to great local rebates (including new rebates and financing announced by Peninsula Clean Energy (PCE)

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this week, and rebates and tax credits in the Inflation Reduction Act (IRA).

I love my electric appliances! In particular, my heat pump HVAC system, which provides both heating and cooling, has been a blessing as temperatures have risen and heat waves have worsened.

I know that some concerns have been raised about grid capacity for electrification.

Both Peninsula Clean Energy, which provides clean electricity to San Mateo, and PG&E, which provides the infrastructure through which the electricity is delivered, have stated that the grid has the capacity for electrification. Moreover, PG&E has stated that the grid will be upgraded continually.

If you have other concerns about the effects of electrification or if you want to discuss my own experience with electrification, please reach out to me by return email.

Thank you,

Robert Whitehair

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From: sue
Sent: Thursday, October 27, 2022 9:34 AM
To: City Council (San Mateo) <[email protected]>; Drew Corbett <[email protected]>; Kathy Kleinbaum <[email protected]>; Andrea Chow <[email protected]>
Subject:

Reach Codes
Dear Mayor Bonilla and City Council Members, I was so excited that you passed the new Reach Codes on October 17th. I am a mother and a long time San Mateo resident of San Mateo. I have always been concerned about climate change and have driven electric cars and have solar on our rooftop for over 10 years. But the climate change consequences that we've seen over the last few years- drought, more extreme wildfires... have made me realize that person action is not enough, we need action at all levels of government to mitigate these events.

The Reach Code that you’re adopting is a practical step to addressing the climate crisis that will make our homes healthier by avoiding unnecessary fossil fuel use. Measures like this make me proud to live in San Mateo and grateful for your action. Thank you very much for your leadership on climate and health. Sincerely, Sue Blockstein 734 Oregon Ave

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From: Kathy Battat
Sent: Monday, October 17, 2022 11:56 AM
To: City Council (San Mateo) <[email protected]>; Drew Corbett <[email protected]>; Kathy Kleinbaum <[email protected]>; Andrea Chow <[email protected]>
Subject:

Reach Codes
Dear Mayor Bonilla, City Council Members, City Manager, Assistant City Manager and Sustainability Staff,
Thank you to the leadership of the City Council, City Staff, and the Sustainability and Infrastructure Commissioners on strong Reach Codes for the City San Mateo. I support the proposal for all-electric new construction, as well as the proposed five measures for remodels of existing residential buildings.

I request that the current proposal for existing buildings be strengthened to include The San Mateo Climate Action Team’s suggested revisions to the remodel measures, including the following:

1. Existing Building Reach Code. Please add a remodel trigger for installation of heat pump HVAC for heating and cooling.

2. Existing Building Reach Code. Please clarify that new or replacement air conditioning is a sufficient trigger for the requirement of installation of heat pump HVAC.

3. Revision to Status Update to Staff’s Work plan for #27 of City Objectives. Please revise the status update to reflect that the Council has directed Staff to study and develop over the course of 3-6 months, a full Reach Code for existing buildings based on the Bay Area Reach Codes Group’s model ordinance that would take effect on January 1, 2025.

I urge you to adopt Staff’s proposed Reach Codes for new construction and existing buildings this fall, and that the above minor revisions be incorporated into said Reach

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Codes.

Additionally, I encourage Council members and Staff do everything necessary to meet the commitments made to the community to adopt the Bay Area Reach Codes Group’s full model code for existing buildings in 3-6 months from 9/19/22, and for said ordinance to take effect on January 1, 2025.

Please also communicate to constituents the benefits of taking full advantage of the Inflation Reduction Act, as well as local rebates to go electric when appliances fail, as compared to the cost of buying new gas appliances. Many members of the community, and some candidates for local offices, are either not aware of this and/or are declining to acknowledge this when electrification cost concerns get raised.

Sincerely,
Kathy Battat
Sierra Club, Loma Prieta Chapter Environmental Legislative Action committee member

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From: Claire Shintani
Sent: Monday, October 31, 2022 1:23 PM
To: City Council (San Mateo) <[email protected]>; Drew Corbett <[email protected]>; Kathy Kleinbaum <[email protected]>; Andrea Chow <[email protected]>
Subject:

Strong Support for Proposed Reach Codes
Dear Mayor Bonilla and City Council Members,
My name is Claire Shintani and I am eighteen years old. I was born and raised in San Mateo, but have departed from my hometown for the first time in my life to attend college.

I wanted to voice my appreciation for your leadership on climate and health with the new Reach Code that you voted on, on October 17th. Over the past few months, I have been attending City Council Meetings virtually from my dorm room because the issue of climate change means so much to me. While I no longer live in San Mateo, my younger sister does and I am very concerned about our city's vulnerability to climate impacts because we're already experiencing extreme heat and drought due to climate change.

The Reach Code that you're adopting is a practical step to addressing the climate crisis that will make us healthier by avoiding unnecessary fossil fuel use. Measures like this make me proud to call San Mateo my home. Again, I am very grateful for your action.

Sincerely,
Claire

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From: Sarah Hubbard
Sent: Sunday, October 23, 2022 10:59 AM
To: City Council (San Mateo) <[email protected]>; Drew Corbett <[email protected]>; Kathy Kleinbaum <[email protected]>; Andrea Chow <[email protected]>
Subject:

Support Proposed Reach Codes
Dear Mayor Bonilla and City Council Members,
Thank you very much for your leadership on climate and health with the new Reach Code that you voted on, October 17th. I am a Mother, CSM Student, longtime San Mateo resident, and VOTER and I am very concerned about our city’s vulnerability to climate impacts. We’re already experiencing extreme heat and drought due to climate change, and need leaders to make and enforce carbon emission reduction policies.

The Reach Code that you’re adopting is a practical step to addressing the climate crisis and will make our homes healthier by avoiding unnecessary fossil fuel use.

Measures like this make me proud to live in San Mateo and grateful for your action.

Sincerely,
Sarah Hubbard (she/her/hers)

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From: Michelle Hudson
Sent: Sunday, October 23, 2022 4:59 PM
To: City Council (San Mateo) <[email protected]>; Drew Corbett <[email protected]>; Kathy Kleinbaum <[email protected]>; Andrea Chow <[email protected]>
Subject:

Thank you for Leadership on Reach Codes
Dear Mayor Bonilla and City Council Members,
Thank you very much for your leadership on climate and health with the new Reach Code that you approved by vote on October 17, 2022. I am a Mother and a longtime San Mateo resident. I am very concerned about our City’s vulnerability to climate impacts because we’re already experiencing extreme weather events and increasingly severe wildfires, the effects of which are harmful to our health, especially that of our children and vulnerable populations, and the economic well-being of our community.

The Reach Code that you’re adopting is a practical step to addressing the climate crisis that will make our homes healthier by avoiding unnecessary fossil fuel use. Measures like this make me proud to live in San Mateo and grateful for your action.

Sincerely,
Michelle Hudson

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From: Robert Whitehair
Sent: Monday, October 24, 2022 10:31 AM
To: City Council (San Mateo) <[email protected]> Cc: Drew Corbett <[email protected]>; Kathy Kleinbaum <[email protected]>; Andrea Chow <[email protected]>; Michelle Hudson Subject:

Thank you for Reach Codes
Dear Mayor Bonilla and City Council Members,
Thank you very much for your leadership on climate and health, with the new Reach Code ordinance for existing residential buildings remodels that you approved at first reading on October 17, 2022.

I am 75 years old with asthma and COPD from growing up in a home with a gas wall furnace, gas stove, gas water heater, and even a portable gas heater. We can avoid this for future generations.

Paul Hawken, author of the important books Drawdown,
and Regeneration: Ending the
Climate Crisis in One Generation has said that Americans will end the climate crisis when it becomes an obvious existential threat to continued life on the planet.

That is where we now find ourselves!
Devastating climate-caused famine, wildfires, flooding and widespread loss of plant and animal species are a direct result of human activity, primarily the use of fossil fuels. But no single individual, person, group, industry, government or company is solely to blame. All of
us can and must urgently do something about the impending peril to our lives.

The Reach Code that you’re adopting is a practical step that will make our homes healthier by eliminating fossil fuel use. Measures like this make me proud to have owned a home in San Mateo for 40 years.

I am so grateful for your action and your combined 30+ years of service on the council.

Best wishes to you all.

Sincerely
Robert Whitehair

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From: Mary Rose LeBaron
Sent: Thursday, October 20, 2022 4:27 PM
To: City Council (San Mateo) <[email protected]> Subject:

Thank you for strong REACH codes
Dear City Council,
Thank you very much for approving Staff’s proposal for Reach Codes for new construction and remodels of existing residential buildings, and agreeing with the requested revision from the San Mateo Climate Action Team (SMCAT) to strengthen heat pump requirements for existing buildings.

Even these small policies will make a difference. Your actions give us hope. Thank you for being part of collective actions across our city, state, nation and globe that will give us a fighting chance at battling back the worst of climate destabilization. We need strong leaders in government who understand the dire situation we are in. My family and I appreciate your ability to visualize and implement a piece of a new system that honors human life, across generations, and will put people above profits of fossil fuel companies and their ilk.

Kind regards,
Mary Rose LeBaron

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From: Sunny Zhang
Sent: Sunday, October 23, 2022 11:53 PM
To: City Council (San Mateo) <[email protected]>; Drew Corbett <[email protected]>; Kathy Kleinbaum <[email protected]>; Andrea Chow <[email protected]>
Subject:

Thank you for your vote for Reach Codes
Dear Mayor Bonilla and City Council Members,
Thank you very much for your leadership on climate and health with the new Reach Code that you voted on, October 17th. I am a San Mateo resident and I am very concerned about our city’s vulnerability to climate impacts, because we’re already experiencing extreme heat and drought due to climate change.

The Reach Code that you’re adopting is a practical step to addressing the climate crisis that will make our homes healthier by avoiding unnecessary fossil fuel use. Measures like this make me proud to live in San Mateo and grateful for your action.

Sincerely,
Sunny Zhang

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THE FOLLOWING PUBLIC

COMMENTS WERE SUBMITTED

FOLLOWING THE PUBLICATION

OF THE AGENDA PACKET

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From:

Alan R. Mattlage
Sent: Sunday, November 6, 2022 12:27 PM
To: City Council (San Mateo) <[email protected]> Subject: Building Code Adoption
Dear Councilmembers,
I’d like to thank you for the work you have done this year and in years past to understand and modernize our city’s building code in light of our climate crisis. I believe you have developed an expertise on this topic well beyond neighboring city councils.

As a consequence, you are on the cusp
of adopting perhaps the finest building code in the county.

It is something you can be extremely
proud of. I certainly am extremely proud of each of you for your thoughtful and abiding consideration of this complicated issue.

I strongly encourage you to adopt the building code on the Council’s agenda.

While it goes without
saying that we have much more to do to address the existential threat of climate change, adopting the proposed building code is a genuinely strong contribution to that effort; and while it is true that the Council can amend the building code at any time, it would be a shame if the expertise that you have gained over the years is not applied to this cycle's decision.

Alan Mattlage
"It is a magnificent thing to be alive in a moment that matters so much."

-- Ayana Elizabeth Johnson

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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: 7 Section Name: CONSENT CALENDAR Account Number: 10-1111 File ID: 22-6805 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: November 07, 2022
SUBJECT:

Mosquito Vector Control District - Reappointment
RECOMMENDATION:

Reappoint Ed Degliantoni as a member of the Board of Trustees of the San Mateo County Mosquito & Vector Control District for a two-year term beginning January 1, 2023 and ending December 31, 2024.

BACKGROUND:

Ed Degliantoni has represented the City of San Mateo on the San Mateo County Mosquito & Vector Control District (“District”) since September 21, 2015. The District contacted the City to ask about reappointment, and Mr. Degliantoni expressed interest in pursuing another two-year term. The District offers either a two-year or four-year appointment.

BUDGET IMPACT:

There is no budget impact from this action.

ENVIRONMENTAL DETERMINATION:

This reappointment 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 - District Letter

STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042

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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: 8 Section Name: CONSENT CALENDAR Account Number: 10-3159 File ID: 22-6661 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: November 07, 2022
SUBJECT:

Art in Public Places 2022 Report & Plan, Renewal of Civic Arts Committee, and Reappointment of Committee Members - Approve
RECOMMENDATION:

Approve the Art in Public Places 2022 Report & Plan, renew the Civic Arts Committee for two years, reappoint the current Civic Arts Committee members, and approve the expenditure of $10,000 from the Art in Public Places Fund for the Equity Art Project artist selection process.

BACKGROUND:

The City of San Mateo’s Art in Public Places Ordinance (Ordinance) was approved in July 2005 to promote the development of cultural and artistic resources within the community (Chapter 23.60, “Art in Public Places”). Annual reporting is required by the Ordinance and each year an Art in Public Places Report and Plan (Report) is prepared for review by the Civic Arts Committee (Committee), which was established in 2005, and approval by the City Council. The report provides information about projects that have been completed during the calendar year, projects that are currently in progress, pipeline projects, and administrative activities. The 2021 Report was approved by City Council on November 1, 2021.

The Civic Arts Committee reviewed the 2022 Report at their September 12, 2022 meeting and have forwarded their recommendation of approval for the Report and renewal of the Civic Arts Committee and reappointment of the current members.

Administration
One of the requirements of the Ordinance is for private developers of projects over a $3 million valuation to either install an art piece of a certain value or pay a fee in-lieu of the art piece. In-lieu fees are placed in the Art in Public Places Fund (Fund), and can be used for Ordinance administration, art acquisition, installation, and/or improvement, maintenance of City-owned public art, development of an Art in Public Places Master Plan (Master Plan), and other public art related activities. On November 15, 2021, as part of the City’s comprehensive fee study, the Ordinance was revised to increase the art obligation/in-lieu fee amount from 0.5% to 1.19% of the total building valuation, excluding the value of land acquisition and off-site improvement costs. The fee will automatically increase annually in line with the other City fee increases, which are based on the Construction Cost Index for the San Francisco Area. The purpose of the increase was to ensure City costs to administer the program are fully recovered.

Planning
On November 1, 2021, the City Council approved the 2021 Report and with that, the Civic Arts Committee (Committee) request to move ahead with the development of a Master Plan. To date, staff has begun researching various jurisdictions similar to San Mateo that have developed art master plans, or are in progress of doing so, to see where we may gain insights from others. Next steps include the collaboration of City departments to identify the subjects and activities to

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include in a Request for Proposals (RFP) for a consultant to facilitate the process and help the City develop the proposed draft plan.

Art
The Equity Art Project has made slow progress for several reasons, including resource availability. However, with the closing of B Street blocks for a permanent pedestrian mall and support of the Committee in Fall 2021, the mall has been identified as a unique and large enough space to use for this project. Staff is drafting the Request for Qualifications (RFQ) and the subsequent request for proposals for the project. This RFQ will require approval of funds up to $10,000 to provide stipends to selected applicants and other expenses for community feedback activities. At their September 12, 2022 meeting, the Committee reviewed a draft RFQ in study session and provided feedback to staff. The final draft has been shared with the DEI Task Force and the CAC are scheduled to review the final RFQ and approve the release at their meeting on November 14, 2022.

Committee Renewal and Terms
The Civic Arts Committee is a special committee subject to the provisions of Section 6.09 of the City Charter that states that the terms of such committees are not to exceed two years but may be extended by action of the Council for a period not exceeding the original term of the committee. The City Attorney interprets this provision to mean that the Committee may be renewed by the Council every two years for a two-year period and the current committee members may be reappointed. There are no term limits in place for this committee although the ex-officio City Council representative and the representative of the Planning Commission are subject to the existing terms of those bodies. Current members are:
• City Arts of San Mateo Representative – Dianne Whitaker • AIA Architect Representative - Robert Gooyer
• Professional Artist Representative - Ginger Slonaker
• Planning Commission Representative - Seema Patel
• Chamber of Commerce Representative - Stephen Tabler
BUDGET IMPACT:

The Art in Public Places 2022 Report and Plan includes $10,000 budgeted from the Art in Public Places Fund for the Equity Art Project to provide stipends for selected applicants and other expenses for community feedback activities.

ENVIRONMENTAL DETERMINATION:

This approval of the report, renewal of the committee, or reappointment of committee members are not projects 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 - Art in Public Places 2022 Report & Plan

STAFF CONTACT
Heather Stewart, Senior Management Analyst
[email protected]
(650) 522-7164

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1 Art
in
Public
Places
2022

REPORT &
PLAN
INSIDE
PG. 2
•Art in Public Places
Program
•Art in Public Places
Fund
•Program Policy
PG. 3
•Completed Projects
PG. 4
•Developer Art Values
•Equity Public Art Project
•In-Progress & Pipeline
Projects

CHABAD NP

NORTH PENINSULA CHABAD
115 MONTE DIABLO, SAN MATEO
For his design of the screen for Chabad in San
Mateo, Greg responded to the clients’ wish for
arboreal imagery with a branch and
pomegranate graphic that borrows from both
traditional American quilt patterns and Jewish
iconography. The environmental nature of the
art also speaks to the functionality of the screen which is to both filter sunlight and temper solar gain entering the sanctuary. The work will be a beautiful addition to the building that can be enjoyed by the congregants, the children attending the pre-school, and the members of the community.

Artist: Greg Zall
Dimensions: 6’5” high x 4’ wide
Materials: 3/16” gauge aluminum
Color: Cinnagold Dust
Developers: ChabadNP
Completed in August 2022

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2 ART IN PUBLIC PLACES PROGRAM

DESCRIPTION OF ART IN PUBLIC PLACES ORDINANCE AND PROGRAM The City of San Mateo’s Art in Public Places Ordinance (Ordinance) was approved in July 2005 to promote the development of cultural and artistic resources within the community (Chapter 23.60, “Art in Public Places”). Annual reporting is required by the Ordinance and each year an Art in Public Places Report and Plan (Report) is prepared for review by the Civic Arts Committee (CAC), which was established in 2005, and approval by the City Council. The report provides information about projects that have been completed during the calendar year, projects that are currently in progress, pipeline projects, and administrative activities.

ART IN PUBLIC PLACES FUND PROGRAM POLICY

FUND SOURCES, USES, & FUND BALANCE
One of the requirements of the Ordinance is for
private developers of projects over a $3 million
valuation to either install an art piece of a certain
value or pay a fee in-lieu of the art piece. Should the art value not meet the obligated amount, the balance
is required to be paid in-lieu. In-lieu fees are placed in the Art in Public Places Fund (Fund), and can be used
for Ordinance administration, art acquisition,
installation, and/or improvement, maintenance of
City-owned public art, development of an Art in Public
Places Master Plan (Master Plan), and other public art
related activities.

Any art related activities that need expenditure of
these funds requires a recommendation of approval
from the Civic Arts Committee to the City Council and
the Council’s approval.

In recent years, several project developers chose to
pay the in-lieu fee. As a result, the fund balance in the Art in Public Places Capital Improvement Program
(CIP) account is approximately $995,000.

CHANGES TO ART IN PUBLIC PLACES FEE
On November 15, 2021, as part of the City’s
comprehensive fee study, the Ordinance was revised
to increase the art obligation/in-lieu fee amount from

0.5% to 1.19% of the total building valuation,
excluding the value of land acquisition and off-site
improvement costs.

The fee will automatically increase annually in line
with the other City fee increases, which are based on
the Construction Cost Index for the San Francisco
Area. The purpose of the increase was to ensure City
costs to administer the program are fully recovered.

PUBLIC ART MASTER PLAN
On November 1, 2021, the City Council approved the
2021 Report and with that, the Civic Arts Committee
(CAC) request to move ahead with the development of
a Master Plan.

To date, staff has begun researching various
jurisdictions similar to San Mateo that have developed
art master plans, or are in progress of doing so, to see where we may gain insights from others.

Next steps include the collaboration of City
departments to identify the subjects and activities to
include in a Request for Proposals (RFP) for a consultant to facilitate the process and help the City develop the proposed draft plan.

A Master Plan Art is intended to align all public art
related activities with current practices that meet the City’s interests and needs.

The Civic Arts Committee will lead this effort and
community engagement will be a vital component of
the development of the Master Plan.

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3 COMPLETED PROJECTS

ART INSTALLED BY DEVELOPERS AT THEIR PROJECT LOCATIONS
Two projects paid the in-lieu fee, and two projects fully completed their art installations in 2022: ChabadNP at 115 Monte Diablo, as highlighted on the front page, and Windy Hill Properties at 406 E. 3rd Ave shown below. Formal completion of art projects requires installation in accordance with the approved proposal and final inspections for all art related building permits, the provision of financial documents confirming the obligated expenditures, and a recorded Covenant of Public Art Maintenance with San Mateo County to establish the property owner’s obligation to maintain the art.

WAVE
406 E. 3RD AVENUE
SAN MATEO, CA 94401
“Our concept is inspired by the beauty of the Bay waters and the vast railways that connect the Bay and San
Mateo with the extended Bay area and the United States
at large. Our design is a dynamic, airy, interactive resin and stainless steel sculpture that visually transforms as you move around it. The shape, line work and form of the sculpture symbolize ocean waves and currents, positive movement, travel, journeys, and exploration. The sculpture is independently beautiful in both day and night through translucent, colorful resin that radiates when lit.”
Artist: Rachel Rodi
Dimensions: 8’ high x 40” wide x 1” thick
Materials: translucent resin panels &
stainless steel
Developers: Windy Hill Properties
Completed in March 2022

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4 DEVELOPER ART
VALUES

VALUE OF COMPLETED PROJECTS
The value of the two (2) art projects completed this
year totaled $207,705. That reflects an approximate
20% greater expenditure than the total obligated
value.

In-lieu payments from 303 Baldwin and The Carey
School projects totaled $386,989.

The total installed art valuation for all projects in the current Art in Public Places Program totals $6,083,166.

That results in $960,254 greater than the required art
investment.

Program in-lieu contributions to date has totaled to
$1,147,221. These in-lieu fees help to sustain the Art
in Public Places Fund for public art acquisitions,
maintenance for existing city-own art, and other art
related activities.

EQUITY PUBLIC ART

PROJECT

SUPPORTING RACIAL EQUITY
In July 2020, the City Council adopted a resolution
reaffirming the City of San Mateo’s commitment to
racial equality and equity. The Council discussed the
concept of a community mural or other community art
project that would reflect and promote racial equity
and diversity.

The Equity Art Project has made slow progress for
several reasons, including resource availability.

However, with the closing of B Street blocks for a
permanent pedestrian mall and support of the CAC in
Fall 2021, the mall has been identified as a unique and large enough space to use for this project.

Staff is drafting the Request for Qualifications (RFQ) and the subsequent request for proposals for the project.

The draft has been shared with the DEI Task Force and
the CAC for review and comments prior to release. This
RFQ will require approval of funds up to $10,000 to
provide stipends to selected applicants and other
expenses for community feedback activities.

IN-PROGRESS & PIPELINE PROJECTS
This group of developer projects includes projects that have received Planning approval and have indicated intent to install art and are working on their proposals. Others are determining the project’s plans to meet the public art obligations. More information for these projects can be found on the What’s Happening in Development page on the City’s website.

IN-PROGRESS
▪480 E. 4 th Ave: Kiku Crossing - MidPen Housing & City-Owned Downtown site for Affordable Housing & Parking Garage ▪210 S. Fremont: Four-story, 15-unit residential condominium building. ▪2940 S. Norfolk: Hampton Inn & Suites

PIPELINE PROJECTS
The projects listed below have been identified as projects large enough that are expected to be obligated to provide art or pay the in-lieu fees. These few pipeline projects are those with project approval and have contacted staff regarding their art interests and obligations.
▪180 E 3rd Ave: Three-story retail and office building in Downtown ▪Block 21 – 500 E. 3rd Ave: Six-story mixed-use building with office and 111 residential units ▪Peninsula Heights: A 290-unit residential development along Campus Drive ▪Hayward Park: A five-story residential building with 191 residential units

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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: 9 Section Name: CONSENT CALENDAR Account Number: 10-2011 File ID: 22-6783 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Finance Department
MEETING DATE: November 07, 2022
SUBJECT:

Enterprise Resource Planning System Replacement Project – Change Order RECOMMENDATION:

Approve a change order to the agreement with Collaborative Solutions for adding 1099-G and Dunning Letter services in the amount of $14,700, for a revised contract agreement total of $1,298,720.

BACKGROUND:

The City Council awarded contract to Collaborative Solutions in February 2022 as a part of the Enterprise Resource Planning (ERP) system replacement project in the amount of $1,284,020. Implementation is in phases, with Phase 1 covering the core financial elements, including accounting, accounts payable, accounts receivable, and financial reporting.

Phase 1 began in March 2022 and went live on November 1, 2022. During Phase 1 implementation, two additional needs were identified in order to ensure compliance with required tax reporting and best management practices for accounts receivable.

The City is required to issue a 1099-G for property owners that receive a reimbursement through the City's sewer lateral program. Change Order C01 anticipates 50 hours of work to create one custom business form layout and one additional new advanced report, which will be performed at the Principal Consultant role at an hourly rate of $210 for a total cost of $10,500.

In addition, a Dunning Letter, which is a collections notice, is requested to streamline the process of following up with past due accounts receivable invoices. Change Order C01 anticipates 20 hours of work to create the Dunning Letter, which will be performed at the Principal Consultant role at an hourly rate of $210 for a total cost of $4,200.

BUDGET IMPACT:

The ERP replacement project is projected to have adequate savings in project management costs to offset the total cost of $14,700 for Change Order C01, so no supplemental budget appropriations are required.

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 - Change Order

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STAFF CONTACT
Rich Lee, Director, Finance
[email protected]
(650) 522-7102

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Project Change Order
Oct 19, 2022

This agreement is proprietary and confidential to Collaborative Solutions, LLC 1 Project Change Order
This Change Order form is used for requesting, documenting and approving changes to the Workday deployment or other applicable service offering, including, but not limited to, changes to the project’s Scope, changes for a major configuration element, project timeline/schedule changes, integration specifications changes, addition of resources or any other deliverable change from the originally planned Workday deployment or applicable service offering.

Summary
Client: City of San Mateo
SOW/Project Name: PROJ_55571 / City of San Mateo, CA - FINS - Phase 1 Change Order #: C01
Project Manager (Client): Stacey Mansker-Young, Plante Moran Project Sponsor (Client): Rich Lee, Finance Director
Engagement Manager
(CSLLC):

Silviu Nedea, Collaborative Solutions, LLC (“CSLLC”)
Acceptance Due Date: 10/21/2022
Change Type: Change in Scope (additional hours added)

Impact Assessed by: Karen Stalnaker, Silviu Nedea
Priority: Medium
Billing: Bill under current project
Contract Line Type: Fixed Fee Installment/Milestone
Is new PO# required? No new PO# needed
Request Description
Create a new advanced report for a 1099-G form. This form is not needed before 1/1/2023 and will be delivered after the 11/1/2022 Financials Go-Live.

Create a custom Dunning Letter BIRT layout for formatting changes and inclusion of invoice line details.

Business Purpose / Reason for Change
1099-G forms are only issued for Sewer Lateral Reimbursement payments. Workday is not capable of producing 1099-G forms and a custom report can be produced as a work around.

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Project Change Order
Oct 19, 2022

This agreement is proprietary and confidential to Collaborative Solutions, LLC 2 Dunning letter change has been requested to allow for past due and final notice invoices to be sent without having to stamp them manually. Inclusion of invoice detail on the dunning letter will avoid manual intervention by combining multiple documents together for inclusion in mailing envelopes.

Impact Assessment
Project Activities Affected: 50 hours to create (1) one new advanced report and BIRT layout for a 1099- G form.
20 hours to create a custom Dunning Letter BIRT layout
Deliverables Affected: Use BIRT to create one (1) custom business form layout and create one (1) additional new advanced report.

 Use the Supplier Tax Authority Form Type
 Customer would have to advise what spend categories comprise the box on the 1099-G (unique from the existing 1099 MISC mapping)
 Create a custom report aggregating the spend based on the spend categories above
 Use BIRT to create a custom report design layout for 1099-G form and allow PDF document to be printed

Use BIRT to create (1) one new business form layout for Dunning letter, modeled after Workday delivered layout with requested enhancements.

Project Schedule Impact: No schedule impact
Pricing Matrix The following is the Pricing Matrix:

Role Rate Hours Cost
Principal Consultant $210 50 $10,500
$210 20 $4,200
Total 70 $14,700

Payment Terms
The total amount of CO1 will be added to the Deploy Stage Milestone payment due on 11/4/2022. Payments for this change order will be made according to the milestone payment schedule below:

Fixed Fee and Invoicing
Event Invoice
Date
Invoice
Amount
Revised
Amount
(After C01)
Plan Stage: Delivery of Plan Artifacts 4/8/2022 $192,603 Architect Stage: Sign off 6/3/2022 $192,603
Configure Stage: Delivery of End to End Tenant 7/15/2022 $256,804 Test Stage: Completion of End to End Test 9/23/2022 $256,804

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Project Change Order
Oct 19, 2022

This agreement is proprietary and confidential to Collaborative Solutions, LLC 3 Deploy Stage: Completion of Push to Production
(Go Live)
11/4/2022 $321,005 $335,705
Post Production Support: Completion of Project 12/16/2022 $64,201 Total Payments $ 1,284,020 $1,298,720
Estimated Expenses $0
Grand Total $ 1,284,020 $1,298,720

Assumptions
 All Assumptions from the SOW dated 21 February 2022 apply to this Change Order Authorization

City of San Mateo Authorization Signature

Collaborative Solutions, LLC Authorization
Signature

Name

Name
Job Title

Job Title
Date

Date

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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: 10 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 22-6686 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 07, 2022
SUBJECT:

Private Development and Right-of-Way Support Services – Agreement RECOMMENDATION:

Approve an agreement with CSG Consultants, Inc. for private development and right-of-way support services in the amount of $150,000 for a term from December 1st, 2022, through December 1st, 2023, and authorize the Public Works Director to execute the agreement in substantially the form presented.

BACKGROUND:

On January 6, 2019, the Public Works Director approved an agreement with CSG Consultants, Inc. (CSG) for private development and right-of-way support services for $48,000 to address a significant increase in the number of permits and planning applications that required Public Works staff review. CSG was selected through a competitive process after the City solicited proposals from 11 different engineering firms. Of the 11 firms solicitated, CSG was the only proposal received. The agreement with CSG includes building permit and planning application reviews and has been amended multiple times; however, it recently expired prior to seeking another amendment. Due to CSG’s expertise, staff is recommending approval of a new agreement in the amount of $150,000.

The annual number of building permit and planning applications submitted to the City has increased in recent years. Public Works staff reviewed 74 planning applications during fiscal year 2018-19, 104 planning applications during fiscal year 2019-20, and 125 planning applications during fiscal year 2020-21, which is a 67% increase in three years. In addition, Public Works staff reviewed 670, 752, and 950 building permits, 2018-19, 2019-20, and 2020-21, respectively, which is a 42% increase in three years. Staff anticipates permit volume to stay at these levels or continue to increase. Accordingly, staff continues to need outside consulting services to assist with the review and processing of applications within the required timeframes.

Costs associated with staff time and consultant services required to review and process applications and permits are paid by fees collected from the building permit applicants and planning application deposits. All costs associated with CSG’s review of the applications are recovered by the City. To ensure the City is providing cost-effective services for residents and developers, staff reviews CSG’s hourly charges to project accounts to verify plan reviews are completed efficiently.

Based on the historic level of effort and expenditures to date, the $150,000 amount is estimated to be sufficient for support from CSG staff for the new agreement term.

Staff recommends approval of the agreement with CSG to meet the City’s immediate level of service requirements for building permits, planning applications, and right-of-way permit reviews. Staff plans to undergo another competitive process in the form of a Request for Proposals (RFP) for these services in the next year.

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BUDGET IMPACT:

There is no net fiscal impact for this agreement, as the costs for consulting services will be paid by deposits collected from applicants or from permitting fees.

ENVIRONMENTAL DETERMINATION:

This agreement 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 - Agreement

STAFF CONTACT
Tracy Scramaglia, Senior Engineer
[email protected]
(650) 522-7316
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323

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Signing In Process
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Rev 5/22
AGREEMENT WITH CSG CONSULTANTS INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

PRIVATE DEVELOPMENT AND RIGHT-OF-WAY SUPPORT SERVICES

This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and CSG Consultants, Inc., a corporation (“CONSULTANT”), whose address is 550 Pilgrim Drive, Foster City, CA 94404.

RECITALS:

A. CITY desires certain professional services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these professional services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.

SECTION 2 - DUTIES OF CONSULTANT

CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

SECTION 3 - DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

DocuSign Envelope ID: 8F4DCA4F-1BEF-4BD0-834B-B3B4AD8E8260

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CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM

The services to be performed under this Agreement shall commence on December 1, 2022 and be completed on or about December 1, 2023.

SECTION 5 - PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $150,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION

Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - CONFIDENTIALITY

All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

SECTION 9 - INTEREST OF CONSULTANT

CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

DocuSign Envelope ID: 8F4DCA4F-1BEF-4BD0-834B-B3B4AD8E8260

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SECTION 10 - CONSULTANT'S STATUS

It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 11 - INDEMNITY

CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

SECTION 12 - INSURANCE

CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NON-ASSIGNABILITY

Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT

It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.

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SECTION 15 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 16 - SEVERABILITY

If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 17 - COSTS AND ATTORNEY FEES

Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 18 - NON-DISCRIMINATION

CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 19 - MEDIATION

Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

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SECTION 20 - LITIGATION

CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Tracy Scramaglia, Senior Engineer
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403

To CONSULTANT: CSG Consultants, Inc.

Attn: Hatem Ahmed
550 Pilgrim Drive
Foster City, CA 94404

SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT

CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 24 - GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

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IN WITNESS WHEREOF, CITY OF SAN MATEO and CSG Consultants, Inc. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO

CONSULTANT

Azalea Mitch
Public Works Director

Date Cyrus Kianpour
Its Authorized Agent
President

If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM

ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)

Linh Nguyen
Assistant City Attorney
Date Nourdin Khayata
Secretary
Date

Attachments:

Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements

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10/25/2022

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EXHIBIT A

SCOPE OF SERVICES

SCOPE OF WORK – LAND DEVELOPMENT PLAN CHECK
CSG will perform plan checking duties for planning applications and building permits under the supervision of City staff.

Typical duties will include:
 Review tentative maps, tentative parcel maps, architectural review, and other entitlement applications. Coordinate review with City staff and/or outside agencies as needed;
 Review final maps and improvement plans. Review will include evaluation of required records, studies, grading and improvement plan, and additional materials submitted by the design professional. Confirm that plans conform to City standard design criteria, conditions of approval, and infrastructure or other master plans;
 The proposed staff will meet with the applicant/representative and City staff to review comments or to delineate the standards which are not being met, in order to facilitate timely completion of the review and meeting the maximum goal of two plan checks;
 Participate in the evaluation of construction erosion control and post- construction water quality control for compliance with the storm water quality management permit;
 Confirm that the developer has obtained necessary permits or approvals from other public agencies as needed, and that plans conform to the City’s NPDES Municipal Regional Permit requirements for storm water treatment and retention;  Review and recommend approval of engineering bond estimates and subdivision guarantees. Assist City staff in preparing subdivision improvement agreements, other agreements (including stormwater treatment measure and landscape maintenance agreements), and staff reports;  Meet with developers, consultants, and other agencies on behalf of staff, as requested;
 Plan review comments and conditions of approval will be provided utilizing Energov software.

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EXHIBIT B

FEE 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 CONSULTANT 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. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate

If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

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 CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT 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 CONSULTANT’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 CONSULTANT’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 CONSULTANT’s insurance and shall not contribute with it.

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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
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.

CONSULTANT agrees to obtain any endorsement that may be necessary 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.

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 CONSULTANT 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
CONSULTANT 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 CONSULTANT’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 0

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 10-4677 File ID: 22-6761 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: November 07, 2022
SUBJECT:

Landscape Services for Marina Lagoon Maintenance Project Habitat Mitigation Monitoring Plan - Agreement RECOMMENDATION:

Approve an agreement with WRA Landscape Restoration, Inc. for the implementation of the Marina Lagoon Maintenance Project Habitat Mitigation Monitoring Plan in an amount not to exceed $93,080; establish a contingency reserve of $9,300; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The City is issued permits from U.S. Army Corps of Engineers (Corps); Regional Water Quality Control Board (RWQCB); California Department of Fish and Wildlife; and Bay Conservation and Development Commission for the Marina Lagoon Maintenance Project, which includes construction, maintenance, and improvement of public and private boat docks; stormwater outfalls; fences; bank protection; sand replenishment; debris removal; and aquatic vegetation harvesting. The Section 401 Water Quality Certification issued by the RWQCB for the Marina Lagoon Maintenance Project requires habitat mitigation to be completed per the approved Habitat Mitigation Monitoring Plan (HMMP).

The primary scope for this agreement is to remove non-native invasive plants within a 0.3-acre area adjacent to the Marina Lagoon shoreline and re-vegetate the area with native plantings as described in the Planting Plan and HMMP for the Marina Lagoon Maintenance Project. The contractor will provide landscape restoration services including site preparation, invasive plant removal, native plant out-planting, plant protection, invasive plant control, replanting, and site maintenance and will comply with relevant permit conditions associated with the Marina Lagoon Maintenance Project.

Staff selected WRA Landscape Restoration Inc. (WRA-LR) as the best overall value to the City through a formal Request for Proposals process. WRA-LR submitted the lowest of five proposals and have an established working relationship with WRA Environmental Consultants, Inc., who are contracted separately to provide professional consulting services for the related Marina Lagoon Mitigation Monitoring and Annual Reporting Project. WRA-LR has carried out habitat restoration projects on both public and private lands throughout the Bay Area for the past 40 years and is a licensed contracting business (CSLB# 1068767) specializing in ecological restoration and land management solutions in California’s unique array of native vegetation communities. Based on the above, staff recommends award of the agreement to WRA Landscape Restoration, Inc.

BUDGET IMPACT:

There are sufficient funds for this agreement within the Public Works fiscal year 2022-23 operating budget.

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CITY OF SAN MATEO
3 7
4 0
ENVIRONMENTAL DETERMINATION:

This contract for services is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Sarah Scheidt, Regulatory Compliance Manager, Public Works Engineering Division [email protected]
(650) 522-7385

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AGREEMENT WITH WRA LANDSCAPE RESTORATION, INC.

FOR LANDACAPING SERVICES
FOR

MARINA LAGOON MAINTENANCE PROJECT HABITAT MONITORING MITIGATION PLAN

This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and WRA Landscape Restoration, Inc., a corporation ("CONTRACTOR"), whose address is 2169-G East Francisco Blvd., San Rafael, CA 94901.

RECITALS:

A. CITY desires certain landscaping services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these landscaping services by reason of its qualifications and experience for performing such services and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

The scope of services to be performed by CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.

SECTION 2 - DUTIES OF CONTRACTOR

CONTRACTOR shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONTRACTOR under this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONTRACTOR represents that it is qualified to furnish the services described under this Agreement.

CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR.

CONTRACTOR and his subcontractors shall comply with State’s Prevailing Wage Laws.

CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

CONTRACTOR or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. For the work performed for the City, the CONTRACTOR and his subcontractors shall pay the workers at the prevailing wage rate as

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determined by the California Department of Industrial Relations, for this locality. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

SECTION 3 - DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR's work.

SECTION 4 - TERM

The services to be performed under this Agreement shall commence on November 7 th, 2022,
and be completed on December 31, 2025.

SECTION 5 - PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR in an amount not to exceed $93,080 pursuant to the rates stated in Exhibit B, attached and incorporated by reference.

SECTION 6 – TERMINATION

Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CON TRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 7 - OWNERSHIP OF DOCUMENTS

All documents prepared by CONTRACTOR in the performance of this Agreement are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - CONFIDENTIALITY

All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release.

SECTION 9 - INTEREST OF CONTRACTOR

CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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SECTION 10 - CONTRACTOR'S STATUS

It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONTRACTOR an agent or employee of CITY while providing services under this Agreement.

SECTION 11 - INDEMNITY

CONTRACTOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

SECTION 12 - INSURANCE

Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NONASSIGNABILITY

Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR

It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation.

SECTION 15 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

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SECTION 16 - COSTS AND ATTORNEY FEES

Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 17 - NON-DISCRIMINATION

CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 18 - MEDIATION

Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 19 - LITIGATION

CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

SECTION 20 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

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To CITY: Sarah Scheidt
City of San Mateo
1949 Pacific Blvd.

San Mateo, CA 94403

To CONTRACTOR: WRA Landscape Restoration, Inc.

Attn: Jason M. Mills
2169-G East Francisco Blvd.

San Rafael, CA 94901

SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONTRACTOR.

SECTION 22 - GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and WRA Landscape Restoration, Inc. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO

CONTRACTOR

Azalea Mitch
Public Works Director

Date Mr. Geoffrey Smick
Chief Executive Officer

Date

APPROVED AS TO FORM

Linh Nguyen
Assistant City Attorney
Date

CITY OF SAN MATEO

Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES

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Exhibit A -Scope of Services and Contractor Responsibilities

1. SCOPE OF WORK
All work is to be completed per the “Habitat Mitigation Monitoring Plan – Final, Marina Lagoon Maintenance Project, San Mateo, California” (HMMP; Attachment A) dated March 2022, as specified in the Section 401 Water Quality Certification (in Attachment B) for the project and as shown in the Planting Plan (Figure 7) dated October 13, 2021 (Attachment C). The Contractor shall be required to comply with conditions and best management practices (BMP’s) associated with all regulatory permits and authorizations associated with the Project. All site preparation and protection measures are to be installed prior to any ground-disturbing activities. A list of conditions and BMP’s are included as an appendix to this RFP. Copies of all project permits received to-date are included in Attachment B. Project permits include Section 401 Water Quality Certification, Section 1600 Lake and Streambed Alteration Agreement, and National Marine Fisheries Service Letter of Concurrence. The Section 404 Regional General Permit 7 is pending and will be sent to the Contractor upon receipt.

The primary intent of the project is to remove non-native invasive plants within a 0.3-acre area adjacent to the Marina Lagoon shoreline and revegetate this area with native plantings as described in the HMMP and Planting Plan. Irrigation for the native plantings will be provided by the City, and no irrigation installation is required as part of this RFP. The Contractor is responsible for locating and avoiding the existing City irrigation system during implementation activities described in this Scope of Work. The Contractor will be responsible for ensuring that no soil enters the adjacent waterway during implementation or for one year after implementation. Any necessary sediment control measures required to meet the requirement are incidental to Task 2 – Invasive Plant Removal.

A City-designated consultant will provide construction oversight services, and the Contractor will coordinate with the consultant as needed to meet the requirements of the contract and ensure that work is done in accordance with the HMMP, Planting Plan, and permit documents. During the three- year monitoring period, success of the plantings and invasive species presence will be monitored by the City designated consultant. The designated consultant will oversee the installation of replacement plantings and additional invasive species management as required.

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TASK DESCRIPTIONS
Task 1: Mobilization - WRA-LR will conduct the tasks as outlined including preliminary coordination, photographic documentation, securing the mitigation area during construction, providing portable restroom facilities for WRA- LR staff, attending preconstruction meeting and inspections with the City, and discussions of the irrigation schedule.

Task 2: Invasive Plant Control - WRA-LR has advanced skills in identifying, mapping, prioritizing, planning, and directing invasive species control. Our restoration technicians are well trained to differentiate between native and invasive species so as not to cause unnecessary damage to the resources we are helping to protect. Our depth of experience in carrying out this work enables us to work with land managers to develop effective maintenance plans for invasive plant control or make recommendations for specific species to reach optimal long-term results. We have worked with an array of highly problematic invasive species prevalent in this region which allows us to prescribe the most appropriate methodology of control for each individual species, whether it be manual, mechanical, or chemical means. We practice integrated pest management (IPM) principles in our invasive plant management, to provide the most effective treatment with the least environmental impact. WRA is a state licensed pest control business with a licensed QAL on staff who oversees our herbicide work. We consult with a register PCA for specified prescriptions when herbicides are required for treatment which we do not anticipate on this project from the noxious weeds listed in the plan.

The Contractor will remove non-native and invasive species ranked by California Invasive Plant Council (Cal-IPC) as highly invasive from the 0.3-acre Planting Area. The primary non-native, invasive plant species is ice plant (Carpobrotus edulis), but other invasive species are also present. The City-designated consultant will help identify and flag the invasive species to be removed. All ice plant will be removed by hand or via small mechanical machinery. This includes all loose stem fragments. If necessary for follow-up control, herbicide may be used.

Herbicides approved for use near aquatic habitats will be used and applied in accordance with manufacturer directions and best management practices, such as use of handheld sprayers on low wind days, to reduce potential for indirect impacts. Contractor is responsible for ensuring that no native vegetation, including saltgrass (Distichlis spicata) near the shoreline, is damaged. Herbicide treatments will be performed by a licenced pest control business in the state of California. All biomass debris will be removed and disposed of legally as green waste. The Contractor will be responsible for removing 100 percent of the invasive species within the 0.3-acre project area prior to installing native plants. The estimate for the task accounts for a full team to service the site for the 0.3 acres of Carpobrotus edulis manually with the material removed with tarps. Biomass will then be removed with the use of a dump trailer to a local green waste facility. The estimate for this task reflects the cost of the labor to remove the material well as the cost to dispose of it.

Tasks 3-8. Out-Planting - WRA LR has a wide variety of planting equipment including auger drills for areas with tough or compacted soils. Our team has experience with planting on steep banks and will form depressions for each of the upland out-planted container stock to help capture water. Deep holes will need to be dug and soil should be loosened to aid in survivorship. The scope of work for this task will meet the spacing specifications for the site as listed in the site plan. The plan calls for the planting of six hundred and twenty- seven native plants in D-cell to 1- gallon containers. WRA will procure the plants from a certified local native nursery. We will schedule planting of the container stock for the onset of the rainy season and allow two days with the full team to complete the work. The estimate for this task reflects the cost of the labor to install them as well as the cost to procure them.

The Contractor will install the plants according to the planting detail provided in the Planting Plan and will be responsible for supplying the specified compost. The Contractor will be required to water all plants upon installation and will coordinate with the City -designated consultant to determine an on -going irrigation schedule. The City will supply spray irrigation for the 0.3-acre planting area.

Task 9: Mulch - Arbor mulch or a similar weed free product will be spread evenly to 2 ft. diameter around each of the plants over the weed mats to help plants hold water and restrict the establishment of competition from surrounding weedy vegetation. The estimate for this task reflects the cost of the labor to deliver and spread the mulch as well as the material expense of the mulch itself.

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Task 10: 120 Day Guarantee Period - Upon completion and acceptance of all invasive plant removal and plant installation activities, the 120-day guarantee period will begin. The Contractor will be required to replace any dead plants at the end of the guarantee period. In addition, the Contractor will be responsible for removing any weed species within the Planting Area that are rated as “High” by the Cal-IPC during this period. The estimate for the task accounts for the team to service the site in case there are any unforeseen needs. We can reduce the task budget through allocating a half-sized team of 2-3 staff for a site visit to assess survivorship and invasive establishment following the 120-day guarantee period.

Task 11: Annual Invasive Species Management - The estimate for the task accounts for the team to service the site with a combination of manual, mechanical, or chemical to achieve less than 10% cover for Cal IPC high rated species found on the site. We can help to optimize the maintenance budget through addressing the most problematic species controls during the most critical times for suppression from March to September. We can reduce the task budget through allocating a half-sized team of 2-3 staff to make two visits to the site per year for the first three years of establishment. The final year of monitoring for which success criteria must be met is 2025.

Task 12: Task Replacement Planting - The scope of replacement planting work for this task will follow the spacing and survivorship specifications of the site as listed in the plan. The cost reflects the amount of labor necessary to procure the plant material as well as conduct replanting. We are allocating a day with our half team of 2-3 workers to complete the replanting efforts annually per year for three years.

Alt 1. Protection: WRA has experience with installing plant protection to meet the specific needs for each of our restoration sites. We recommend utilizing 4’ deer exclusionary fencing supported with 6’ T-stakes to surround the planting areas rather than individual cages to reduce labor and material costs. Predatory decoys may also be utilized within the planting areas to deter geese and other herbivores from entering the restoration area. The estimate for this task reflects the cost of the direct materials as well as the labor for our team to procure and install them.

2. SPECIFICATIONS
These specifications are intended to cover all labor, material, standards of landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.

3. SUPERVISION OF CONTRACT
All work shall meet with the approval of the Public Works Director or their designee. There shall be periodic meetings with the Contractor and City’s designee to determine progress of the work and to establish items that may require attention.

Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor in writing and if not corrected, payment to the Contractor will be withheld until condition is corrected in a satisfactory manner as set forth in these specifications.

4. DISPOSAL
The Contractor shall dispose of all cuttings, weeds, leaves, trash and other debris from the operation as work progresses and shall pay all disposal fees. The City shall in no way be responsible for the disposal.

5. RECORDS
Contractor shall keep accurate records of all pesticide use (see Attachment D).

6. LANDSCAPE LICENSE
The Contractor shall hold a valid and current California C27 License and submit copy thereof to the City.

7. EXAMINATION OF SITE AND WORK

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City makes no representation about the order or condition of the work area, nor does the City warrant that the work area will be free from defects, either apparent or hidden, at the commencement of or at any time during the term of the Contract. Contractor must examine the location, physical conditions, and surroundings of which these factors will influence the performance of the contract work. By entering into the Contract, Contractor shall be deemed to have agreed to accept the condition of the work area in its “as is” condition with the intent to upgrade or modify existing deficiencies to Contract specifications.

8. WORKMANSHIP AND SUPERVISION
The Contractor shall provide a work force sufficient to complete the work as specified.

A. Competent and experienced workers shall perform the work.

B. The work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications. Supervisors and foremen must communicate effectively both in written and oral English, and shall be present at all times during Contract operations. Any order given to these supervisors or foremen shall be deemed as delivered to the Contractor.

C. All pesticide/herbicide operations, where required, shall be performed or supervised by a California State Licensed Pest Control Applicator through written communication by a California State licensed Pest Control Advisor. The Contractor shall be responsible for compliance with all Federal, State and local laws and regulations regarding pesticide usage, as well as the City’s Integrated Pest Management Policy. Contractor shall provide copies to the City of his/her license and registration of both of his/her Pest Control Advisors and Pest Control Operators licenses.

Contractor shall submit a copy of the “Pesticide Use Summary” to the City on a monthly basis. Payment of monthly invoice will be withheld unless a Pesticide Use report is submitted.

D. Persons employed by the Contractor who are found unsatisfactory by the City shall be discharged or reassigned by the Contractor upon fifteen (15) days written notice from the City.

9. REPAIRING DAMAGED WORK
A. The Contractor will report without delay any damage to City equipment or property and shall be held responsible for the replacement of any such damage caused by the Contractor’s act hereunder. Watering, pesticide spraying and other maintenance specifications shall not be done at a time when it might damage parked cars or at times when activities in the Contract area might be inconvenienced or disrupted.

B. Repairs to the irrigation system resulting from damage by other than the Contractor’s operation (e.g., vandalism) shall be reported promptly to the City’s representative or their designee together with an estimate of costs for correction of the condition. The City’s representative or their designee may authorize repair by the Contractor and the City will pay the Contractor for this work.

C. Replacement of plant materials damaged or destroyed by City forces, or as a result of accident or vandalism, shall be reported promptly to the City’s representative or their designee together with an estimate of costs for replacement. The City’s representative or their designee may authorize replacement by the Contractor, and the City will pay the Contractor for the cost of the replacement including the cost of labor.

10. SAFETY REQUIREMENT
A. All work performed under this Contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The City’s representative or their designee reserves the right to issue restraining or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Contract.

B. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from Contractor’s

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operations. Any hazardous condition noted by the Contractor, which is not the result of his/her operations, shall be immediately reported to the City’s representative or their designee.

11. UNDERGROUND EXCAVATIONS
Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect in place existing utility equipment before commencing any excavation. Contractor shall contact the City and Underground Service Alert (USA) at 1-800-422-4133 at least 48 hours prior to commencing any excavation.

12. TRAFFIC AND ACCESS.

The Contractor may be required to provide traffic control plans stamped by a licensed traffic engineer registered in the State of California or C31 licensed contractor. Submit all required traffic control plans at least 10 working days prior to beginning of any fieldwork

13. GENERAL SPECIFICATIONS
A. All operations will be conducted so as to provide maximum safety for the public and minimize disruption to the public. The Contractor is to follow all City noise ordinances.

B. Leaves, glass, paper, weeds, and any other debris will be removed from landscaped areas and disposed of offsite.

C. Contractor will clean sidewalks, roadways, and any other areas littered or soiled by their maintenance operations.

Any spills of gasoline, oils, fertilizer or toxic material shall be immediately and properly mitigated and then the City’s representative or their designee is to be notified.

D. The Contractor shall maintain the premises clean of weeds, litter and debris at all times. Upon completion of any work, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his construction and installation equipment from th e premises. The Contractor shall not use existing City trash containers to deposit litter. Contractor shall supply his own trash liners and bags as needed.

E. Repairs. All portions of existing facilities, including irrigation systems, which are damaged or altered in any way, as a result of the performance of work under these Specifications during the term of the Contract, shall be repaired and replaced in kind and in an approved manner. All work of this kind shall be performed by the Contractor at no cost to the City and shall be as indicated by the City’s representative. Repairs to facilities shall be made immediately after damage or alternation occurs, unless otherwise instructed. A comprehensive testing and check of all irrigation systems shall be m ade approximately thirty (30) days prior to the end of the Contract and any repairs deemed the responsibility of the Contractor shall be made by the Contractor prior to the end of the Contract. If the Contractor does not make repairs to the satisfaction o f the City, deductions shall be made from the Contract payment in the amount to cover the cost to eliminate the discrepancies, as determined by the City’s representative or their designee.

Attachments:

Attachment A – Habitat Mitigation Monitoring Plan – Final, Marina Lagoon Maintenance Project, San Mateo, California Attachment B – Project Permits
Attachment C – Figure 7 Planting Plan, Details, and Notes (Two sheets) Attachment D – Integrated Pest Management Plan

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Attachment A

Habitat Mitigation and Monitoring Plan –
Final, Marina Lagoon Maintenance Project, San Mateo, California

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CWA Section 401 Regulatory Permit- Condition 19
Marina Lagoon Maintenance Project

HABITAT MITIGATION MONITORING PLAN
- FINAL

MARINA LAGOON MAINTENANCE PROJECT , SAN MATEO ,

CALIFORNIA

Prepared For:

Sarah Scheidt
City of San Mateo Public Works Department
330 West 20th Avenue
San Mato, California 94403

Prepared By:

WRA, Inc.
2169-G East Francisco Boulevard
San Rafael, California 94901
Contact:

Gregory Sproull
(415) 454-8868
[email protected]
WRA Project: 31027
Date: March 2022

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CWA Section 401 Regulatory Permit- Condition 19
Marina Lagoon Maintenance Project
1 The Project proposes to mitigate for permanent impacts (fill) to approximately 0. 06 acre of jurisdictional Waters of the U.S./state over the span of five years. Though the Project would also temporarily impact 0.39 acre of jurisdictional waters for dock and bank repair and sediment removal, such work would be temporary. Sediment removal is occurring in areas with silt accumulation and benthic communities are not present and are not likely to be impacted if present in adjacent areas. In addition, aquatic vegetation harvesting to remove noxious submergent vegetation is incorporated into the Project and will improve water quality in the Lagoon. Below is a mitigation plan that would offset Project-related activities (maximum amount of impacts) that would occur over a 5-year span.

Potential impacts will be reduced through implementation of the Project’s avoidance and minimization measures and best management practices. In addition to these measures, the Project also proposes to remove non-native vegetation (primarily ice plant [Carpobrotus edulis]; a “highly invasive” non-native species per the California Invasive Plant Council [Cal-IPC]) from a

0.61-acre portion of the Project Area (herein referred to as the Mitigation Area) . The Mitigation Area is located between an existing trail and the shoreline in the northern portion of the Project Area (see Figure 1). The Mitigation Area contains several existing trees but all available land that is suitable for planting (approximately 0.3 acre) will be planted with native vegetation.

The proposed plant palette that would be implemented for planting is provided below. The plantings would be dominated by native scrub species that are suitable for proliferation, and both locally common and locally available. This work would expand the existing ripar ian habitat and provide a riparian transition zone that is currently not present. No planting would occur near the shoreline fringe, where native salt grass ( Distichlis spicata) occurs. Plantings in the Mitigation Area would receive hydrology from an existing irrigation system. Removing ice plant and planting native scrub from the shoreline to the trail will create a barrier to prevent future ice plant invasion.

Due to these factors, the Mitigation Area is ideal for invasive species removal and the long-term success of native planting.

Beyond the removal of nonnative vegetation and the planting of native vegetation across a 0.3- acre area, the Project also propos es to implement a trash cleanup program . Trash cleanup will occur on an annual basis. In addition, aquatic vegetation removal (a component of the proposed Project) will improve water quality and ecological conditions, which will benefit the lagoon. All invasive species removal and mitigation planting within the Mitigation Area will be conducted in Year 1.

MITIGATION IMPLEMENTATION PLAN

1.1. Invasive Species Removal
Invasive species removal efforts in the Mitigation Area will focus on dominant non-native species (e.g., ice plant) that have a “high” invasive potential and ecological impacts by the Cal-IPC. All ice plant will be removed by hand or via small mechanical machinery. If necessary for follow -up control, herbicide may be used. Herbicides approved for use near aquatic habitats will be used and applied in accordance with manufacturer directions and best management practices, such as use of hand held sprayers on low wind days, to reduce potential for indirect impacts.

1.2. Planting Plan
Plants to be installed wi thin the Mitigation Area will be native scrub species that are found near the Marina Lagoon or are ecologically appropriate for the site. The proposed plant palette and

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CWA Section 401 Regulatory Permit- Condition 19
Marina Lagoon Maintenance Project
2 recommended spacing are provided below in Table 1. The plant material type, size, and spacing are planned to encourage quick establishment of native species and to discourage colonization by nonnative, invasive species. The location of plantings will be field -fit within the 0.61-acre Mitigation Area at a future date. Plant species not found on-site but known to grow in similar environments may be used with a preference for material started from local sources or plant stock gathered from San Mateo County. Locations of the plantings will be field fit at the time of planting.

Table 1. Proposed Riparian Enhancement Planting Palette Species Scientific Name Species Common
Name
Container
Size
On-Center
Spacing (feet)
Lupinus albifrons silver lupine 1 gallon 4
Baccharis pilularis coyote brush 1 gallon 6
Baccharis pilularis ‘Pigeon
Point’
dwarf coyote brush 1 gallon 6
Frangula californica ‘Eve
Case’
Eve Case coffeeberry 1 gallon 4
Eriogonum fasciculatum California buckwheat 1 gallon 3 Artemisia californica California sage brush 1 gallon 5

Plantings can occur any time of year if soil and flow conditions are suitable. Foliage protection cages will be installed, if needed, to protect the plants from wildlife browsing. Plants will be irrigated via an existing on-site irrigation system. A qualified biologist or restoration specialist will provide the recommended frequency for irrigation. Mulching will be used as appropriate for moisture control and reduction of invasive plant species encroachment.

1.3. Monitoring
Monitoring activities will be conducted annually for a three-year monitoring period after planting is completed. Permanent photo-documentation points will be established at several locations to visually track the progress toward meeting final success criteria described below. Data collected during annual monitoring includes number and species planted, square footage planted, plant vigor, percent cover, and the number or percent of plants surviving. In addition, relative percent cover of Cal-IPC high species will be visually determined to document success of invasive species management within the Mitigation Area. Data collection will be done via quadrat sampling (0.5 square meter) along two transect lines. Ten quadrats will be placed along each transect at a randomly generated interval between 1-10.

Plant vigor will be determined by assigning a vigor rating of good, fair or poor to each plant. Dead plants will not be assigned a vigor rating. The ratings are defined below. • Good: a seedling with less than 25% of its aboveground growth exhibiting one or more of the factors listed above.
• Fair: a seedling with 25– 75% of its aboveground growth exhibiting one or more of the factors listed above.
• Poor: a seedling with more than 75% of its aboveground growth exhibiting one or more of the factors listed above.
• Dead: a seedling that is no longer visible or that does not appear capable of growth.

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CWA Section 401 Regulatory Permit- Condition 19
Marina Lagoon Maintenance Project
3 1.4. Success Criteria
The overall measurement of meeting success criteria and whether mitigation objectives have been achieved will focus on vegetative cover and density of the planted areas and not on individual plant survival. However, until the final year in which success is reviewed, performance towards success criteria will focus on individual plant success and cover to help document trends and plant establishment. Invasive species management will be monitored as well, and performance success will be measured as relative cover of Cal -IPC high species within the Mitigation Area. All non-native vegetation removal will occur within the 0.30-acre planting area in the Mitigation Area. The success criteria and annual performance standards are outlined in Table 2, below.

If plants fail to survive and overall success criteria will not be met, corrective actions will be taken including replanting. A qualified biologist or restoration specialist will advise on the number of new plantings needed to achieve the success criteria based on survival rate and additional vegetative cover needed to reach success criteria. If replanting is required, the monitoring period for those plants will start over from Year 1; however, the monitoring schedule will remain unchanged for all surviving plants.

Table 2. Success criteria for plantings in the Mitigation Area.

Monitoring Parameter Year Success Criterion
Plant survival (percentage of plants in
good or fair condition)
1 90% plant survival
2 85% plant survival
Plant vigor 1-3 Surviving plants must be in good or fair condition
Vegetative cover (shrubs only) 2-3 Demonstrate trend of increasing cover 3 50% canopy cover of riparian shrubs with
dominance of native riparian woody species
Invasive Species Management 1-3 Less than 10% relative cover Cal -IPC high species

1.5. Reporting
Annual reports discussing actual impact amounts and mitigation actions (plantings , invasive species management, trash clean- up activities ), monitoring methodology, and results will be submitted to the RWQCB and CDFW by December 31 of each year of the maintenance activities and until success criteria describe above, have been satisfied. These reports will assess the progress of mitigation activities toward meeting success criteria. Annual monitoring and reporting will include the following: species and quantities planted , square footage planted, plant vigor, height of s crub species planted, percent cover, the number or percent of plants surviving, and relative percent cover of Cal -IPC high species; quantity by species of plants replaced annually; photos from designated photo points and other relevant information pertaining to the revegetation effort; a summary of invasive species control actions; and a summary of trash clean-up activities conducted. If necessary, recommendations to help achieve final success criteria will be made in the Annual Report. The final annual report will describe the success in meeting the success criteria. All monitoring and report preparation shall be conducted by a qualified biologist.

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Path: E:\Acad 2000 Files\31000\31027\GIS\ArcMap\Mitigation Invasive Removal and Replanting Area.mxd Study Area - 401.31 ac.

Project Area - 298.63 ac.

Mitigation Invasive Removal and Replanting Area - 0.61 ac.

San Mateo Marina Lagoon
San Mateo County, California
0 2,0001,000
Feet
<BOL>Sources</BOL>: 2020 NAIP & 04/2018 Googel Earth Aerials, WRA | Prepared By: mrochelle, 10/8/2021 Figure 1. Mitigation Invasive Removal and Replanting Area

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CWA Section 401 Regulatory Permit
Marina Lagoon Maintenance Project BMPs
1 1. GENERAL MEASURES AND BEST MANAGEMENT PRACTICES
This section provides a list of General Measures and BMPs that have been incorporated into the Project to limit the temporary impacts of operation and maintenance work. The General Measures are listed below and the BMPs are tiered by maintenance task and Project work windows.

1.1. General Measures
• W eather: Work within the Lagoon will be restricted to periods of low rainfall (less than 0.25 inch of rain in a 24-hour period). In addition, no work will occur during a dry -out period of 24 hours after wet weather (at least 0.25 inch of rain in a 24-hour period). National Weather Service 72-hour precipitation forecasts will be considered when planning maintenance activities.
• S alt Marsh Habitat: No coastal salt marsh vegetation will be impacted or removed from the project site and access areas. Sediment removal work near salt marsh habitat will be conducted to the greatest extent possible at low tide.
• Inv
asive Species and Biological Contamination: To prevent the movement of invasive plant and animal species, fungi, and other biotic agents from external ecological regions, equipment used will be washed prior to entry and staging onto construction sites. Any equipment that will enter the water during construction will be decontaminated before and after construction to prevent the spread of aquatic diseases, such as r anavirus, and invasive aquatic species, such as quagga mussel. Workers will also decontaminate waders, boots and other clothing that will come in direct contact with the water. • V
egetation Protection: Conduct work in a manner that will prevent any adverse impacts to adjacent vegetation, including limiting mechanical equipment to existing disturbed roads and footpaths. It also includes employing BMPs such as installing fiber rolls and silt fencing along the outboard edge of the Lagoon or work areas to clearly mark the area and assure that no sediments drift outside of the work area.
• H
azardous Spills and Waste: All equipment should be in good proper running order to prevent leading or spilling of potentially hazardous or toxic products. This includes hydraulic fuel, diesel, gasoline and other petroleum products. • Storage of fuels and petroleum projects will comply with safe operating procedures, including containment facilities in case of a spill.
• Contractors will have emergency spill equipment available whenever working on or near water.
• Contractors will maintain work areas free of food-related trash items such as wrappers, cans, bottles, and food scraps. Food-related trash items will be disposed of in solid, closed containers (trash cans) and removed at the end of each work day. • The contractor shall keep construction activities under surveillance, management and control to avoid pollution of surface water and to minimize interference with disturbance to, and damage of fish and wildlife.
• Concrete Handling: Containment structures to control the placement of wet concrete and to prevent it from entering into the Lagoon outside of those structures will be utilized. The containment structures will be inspected to ensure that no concrete or other debris enters the Lagoon outside of those structures. Runoff from the concrete will not be allowed to enter the Lagoon at any time. No concrete will be poured within the high flow line if the 7- day weather forecast indicates any chance of rain.
• Poured concrete will be excluded from the water for a period of 30 days after it is poured.

During that time the poured concrete will be kept moist, and runoff from the concrete will not be allowed to enter the Lagoon. Approved commercial sealants may be applied to the

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CWA Section 401 Regulatory Permit
Marina Lagoon Maintenance Project BMPs
pour
ed concrete surface. If sealant is used, water will be excluded from the site until the sealant is dry.
• E rosion Control: Silt control measures will be utilized throughout all phases of the Project where silt and/or earthen fill could enter the Lagoon. Silt control structures will be m
onitored daily for effectiveness and repaired or replaced as needed. • Revegetation of Disturbed Areas: All areas of disturbed soil which drain to the Lagoon will be planted with locally -collected native plants appropriate for the soil and hydrological conditions of the site. Locally native wildflower and/or shrub seeds may also be incl uded i
n the planting mix. Invasive plant species, including those categorized as “High” and “Moderate” in the California Invasive Plant Council's Inventory Database, will n ot be pl
anted, seeded or otherwise introduced.
• Public Access: The proposed Project will result in closing or re-routing pedestrian access on an interim basis while project related activity is under way. The City will make every effort to minimize the impact to public access during projects. Signs will be posted at the near
est public access entrances informing the public why areas are closed, when they will be open, possible detours, and when project construction will be complete. • Dust and Noise: Minimize impacts on the adjacent public parks’ public access areas, including dust control requirements, assuring that noise levels do not exceed the City’s Noise Ordinance (2004-16), and locating the access and transport areas so as to minimize impacts on existing vegetation.
• Construction Schedule: The
hours of construction will be limited to between 8 AM and 5 PM on weekdays to minimize disturbance to neighboring properties. • Post-project Conditions: The City will make any necessary repairs to public par k s and access points impacted by proposed Project activities to assure that the Project Area will be returned to its original state.
• Maintenance activities will primarily be conducted in the low water period (January and Febr
uary) to reduce work in open water habitat.
• M
aintenance activities in tidal waters is limited to September and October. This period is when special -status fish species, including longfin smelt, are unlikely to occur in the region, and freshwater inputs are at the lowest point in the year. • Maintenance activities are restricted to periods of low tide over two days when inundation of the w
ork area is limited and a silt or turbidity curtain will be put in place. Work at low tide and with a turbidity curtain will limit suspended sediments and turbidity to the work area.

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Attachment B

Project Permits

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JIM McGRATH, CHAIR THOMAS MUMLEY, INTERIM EXECUTIVE OFFICER 1515 Clay St., Suite 1400, Oakland, CA 94612 www.waterboards.ca.gov/sanfranciscobay

RECYCLED PAPER

GAVIN NEWSON

JARED BLUMENFELD

CALIFORNIA
Water Boards
San Francisco Bay Regional Water Quality Control Board

GOVERNOR

SECRETARY FOR

ENVIRONMENTAL PROTECTION
AMENDED CLEAN WATER ACT SECTION 401 WATER QUALITY

CERTIFICATION AND ORDER

FOR THE
Marina Lagoon Routine Maintenance Project
San Mateo County
Sent via electronic mail: No hard copy to follow
Effective Date: March 30, 2022
RM: 445464
Place ID: 877199
WDID No. 2 CW445464
Applicant: City of San Mateo
Public Works Department
330 West 20 th Avenue
San Mateo, CA 94403
Phone: (650) 522-7300
Attn: Sarah Scheidt
Agent: WRA Inc.
2169- G East Francisco Boulevard
San Rafael, CA 94901
Phone: (415) 524-7530
Attn: Gregory Sproull
Water Board Tahsa Sturgis
Staff: 1515 Clay Street, Suite 1400
Oakland, CA 94612
Phone: (510) 622-2316
Email: [email protected]

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Water Quality Certification RM: 445464
Marina Lagoon Routine Maintenance Project WDID# 2 CW445464 i

Table of Contents
Certification and Order Coverage .............................................................................................. 1

1. Project .............................................................................................................................. 1

1.1 Site Description ................................................................................................................... 1

1.2 Background ......................................................................................................................... 2

1.3 Construction Summary ....................................................................................................... 2

2. Impacts to Waters of the State ...................................................................................... 4

2.1 Fill and Discharge .............................................................................................................. 4

3. Mitigation ........................................................................................................................ 4

4. California EcoAtlas ........................................................................................................ 5

5. CEQA Compliance ......................................................................................................... 5

6. Conditions ....................................................................................................................... 5

6.1 Regulatory Compliance and Work Windows ...................................................................... 6

6.2 General Construction ......................................................................................................... 7

6.3 Pre-Construction Reporting and Other Requirements ....................................................... 8

6.4 Active Construction and Post-Construction Reporting Requirements ................................ 9

6.5 Dock Construction .............................................................................................................. 9

6.6 Mitigation and Monitoring Requirements ........................................................................ 10

6.7 Administrative and General Compliance .......................................................................... 13

6.8 Standard Conditions ......................................................................................................... 14

6.9 Annual Fees ...................................................................................................................... 14

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Water Quality Certification RM: 445464
Marina Lagoon Routine Maintenance Project WDID# 2 CW445464

Certification and Order Coverage
This Amended Clean Water Act (CWA) section 401 Water Quality Certification (Certification) and Order (Order) is issued to the City of San Mateo (Permittee). The amendments were requested by the Permittee on March 17, 2022, after the Certification was issued on March 15, 2022. The amendments herein include clarified reporting requirements and a correction to the Project’s work windows.

Pursuant to CWA section 404, the Permittee requested authorization to fill and discharge to waters of the U.S. from the U.S. Army Corps of Engineers (Corps), Regulatory Branch, by renewing their Regional General Permit (RGP) 7, Marina Lagoon General Maintenance (Corps File No. 2000-257530S). At the time of this Certification’s issuance, the Corps had not yet authorized the Project’s activities under a renewed RGP 7.

The Permittee applied to the San Francisco Bay Regional Water Quality Control Board (Water Board) requesting Certification verifying the Marina Lagoon Routine Maintenance Project (Project) does not violate State water quality standards. The application for Certification was received on October 27, 2021.

The following sections are derived from the Application.

1. Project
The Project will conduct routine maintenance activities in Marina Lagoon (lagoon).

1.1 Site Description
The Project site is located within the lagoon, which is on the west shore of San Francisco Bay in the City of San Mateo (City) (Lat. 37.555738, Long. -122.291176). The lagoon is generally bordered by the City to the west, the City of Foster city to the east, San Francisco Bay to the north, and O’Neil Slough to the south. The lagoon was formed when a portion of Seal Slough was diked and dredged in the first half of the 20
th century. In the 1950s, with additional dredging,
levee improvements, and installation of the southern inlet at O’Neil Slough and northern pump operation at the Bay outlet, the lagoon was further developed as a flood control and recreational facility. The lagoon is now entirely ringed by residential and commercial development except for Joinville Park on the north end and O’Neil Slough at the south end. Approximately 250 private docks are situated along the lagoon’s shoreline, and the Permittee operates public docks, a recreational beachfront at Parkside Aquatic Park, and the Lakeshore Beach and Recreation Center. The lagoon’s shoreline is largely armored to prevent erosion from wind- and wave-wash.

Lagoon water levels and flows are regulated with the use of tide gates and pumps and managed seasonally for several purposes including stormwater flow capacity, maintenance, and recreation.

Inlet weirs and a manually operated sliding tide gate at the lagoon’s south end control the inflow of Bay water from O’Neil Slough. The Lagoon receives stream and stormwater runoff from a

10.3-square mile developed watershed, comprising freshwater and urban runoff from Laurel Creek, Borel Creek (the 19
th Avenue Channel), and Leslie Creek (the 16th Avenue Channel).

Flow through the approximately 180-acre lagoon runs from south to north, with tidal inflow at the south end occurring through manually operated tide gates and from the lagoon into the Bay at

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Water Quality Certification RM: 445464
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the north end pump station. The Permittee opens the tide gates on an as-needed basis, depending on weather, the treatment schedule for aquatic vegetation removal, water quality at the beaches, and other factors. Generally, the tide gate is opened in late winter and again in spring at least twice.

1.2 Background
The Permittee previously sought and received a Certification for nearly all of the Project’s activities (RM: 407138; Place ID: 825733; Effective: February 2, 2017). Previously permitted maintenance activities included routine maintenance of public and private docks, sediment and debris removal, storm drain outfall structure repair, bank stabilization, aquatic vegetation harvesting, and beach sand replenishment. To date, only dock maintenance, aquatic vegetation harvesting, and beach sand replacement have been conducted under the existing permits. In addition to the previously permitted activities, the Project also includes sediment removal in tidal waters at the tidal lagoon inlet gate to restore flow capacity.

1.3 Construction Summary
Public Docks: There are several publicly owned docks within the lagoon that either need repair over the next five years or immediate removal. The Permittee will repair and replace the two docks at the Parkside Aquatic Park. The docks are each comprised of modular floating dock systems of three separate docks that are anchored to two wooden piers approximately 2 feet in diameter. The floating sections of the south end dock can be removed and repaired on land, and the dock at the north end will be replaced in its entirety. If piles need to be replaced, pre-cast concrete piles or secondary containment for poured piles will be used. All pile replacements, or over-water dock repairs, will incorporate the best management practices (BMPs) that were specified in the Application, including the use of silt curtains and booms.

Private Docks: The Project includes construction of up to five new private docks per year, and the repair, in-kind replacement, and minor extensions of existing private docks. New docks covered under this Certification will be designed and constructed in accordance with the Permittee’s Building Department Dock Permit Program.1 The Permittee anticipates a maximum of five new docks to be constructed each year, totaling 25 new docks over this Certification’s timeframe, with four piles installed per new dock. The number of dock repair or replacement work is not known at this time.

The Dock Permit Program requires the use of pre-cast concrete piles or poured concrete piles surrounded by a high-density polyethylene secondary containment casing, to ensure a 30-day curing time and no contact with freshwater. In summer high-water conditions, the piles will be installed in water that is generally 2-3 feet, but no greater than 5-6 feet, in depth, depending on site conditions, with a barge- or aquamog-mounted pneumatic or hydraulic auger. The decking then will be framed over the piles. All dock decking must be constructed at a sufficient height above the lagoon’s summer high water levels. Deck repair and installation typically will require several days to several weeks, depending on the extent of the work being conducted.

1 The Permittee requires all private dock owners to have appropriate permits and to maintain their docks in good condition, managing repair, construction, and installation of private docks through their Dock Permit Program.

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Water Quality Certification RM: 445464
Marina Lagoon Routine Maintenance Project WDID# 2 CW445464