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: 22 Section Name: {{section.name}} Account Number: 10-5112 File ID: {{item.tracking_number}} TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Police Department
MEETING DATE: November 06, 2023
SUBJECT:
Building Security Code – Ordinance Introduction
RECOMMENDATION:
Introduce an Ordinance adding Section 23.54.025 “Secured Building Access for Emergency Personnel” and Section
23.54.035 “Video Surveillance Systems” to Chapter 23.54 “Building Security Code.” BACKGROUND:
Ordinance amendments are occasionally needed to improve the San Mateo Municipal Code (SMMC or Municipal Code) so that they accurately reflect long-standing safety practices and requirements in the design review process that ensure optimal public safety for the community. Changes to the Municipal Code require approval by the City Council.
Chapter 23 Background
The purpose of SMMC Chapter 23, “Building Security Code,” is to safeguard property and to promote public welfare and safety by providing security standards to be used in the design, construction, and maintenance of buildings and vehicles and the quality of materials used therein.
Long-standing practice in the design review process has been to require that new commercial and multi-tenant developments install and maintain a system to allow for access to the structure/building in the cases of emergency and life-saving response. For years, staff has required such systems through the Conditions of Approval (COA) process, when working with the building development and construction team, since the Municipal Code does not have this requirement codified. Having such access is essential to allow first responders the ability to access communal areas in buildings to contact and aid community members in need. Without these systems, first responders are faced with deciding whether to damage property to gain access or to delay their response – neither of which is a desirable or preferred outcome.
Similar to access to structures, long-standing practice has been to require the installation and maintenance of video surveillance systems for commercial and multi-tenant buildings. These video surveillance systems are specifically required in publicly accessible exterior grounds contiguous to the property, where there is no reasonable expectation of privacy.
Staff have consistently required such systems through the COA process, and the systems reflect best practice in crime prevention through environmental design in serving as a deterrent mechanism as well as offering the potential of investigative leads after crimes have occurred. For such leads, PD staff are required to request access to video through building ownership/management, and abide by all legal requirements including those related to constitutional mandates.
Proposed Section 23.54.025 – “Secured Building Access for Emergency Personnel” This section would require the installation and maintenance of an access system for use by police officers when
CITY OF SAN MATEO
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responding to an emergency and/or life-threatening need. The requirement would be applied to future commercial or multi-tenant development, and it would not be applied retroactively to existing buildings. The proposed code language for this Section is provided in the table below, with the Proposed Ordinance as Attachment 1.
Proposed New Section – 23.54.025
Where access to commercial or multi-tenant buildings is restricted because of secured entry points, the Police Chief or their designee is authorized to specify and require the installation and maintenance of an emergency access system, for when immediate police access is necessary for life-saving or emergency purposes. A police emergency access system installed and maintained under this section is in addition to the requirements of other adopted codes, including the California Fire Code.
Proposed Section 23.54.035 – “Video Surveillance Systems” This section would require the installation and maintenance of a video surveillance system to focus on publicly accessible exterior areas that are contiguous to the property for commercial and multi-tenant buildings. Additional cameras and/or systems may be required through the individual review process, and the owner is not prohibited from taking the initiative to install additional systems. The requirement would be applied to future development, and it would not be applied retroactively to existing buildings. The proposed code language for this Section is provided in the table below, with the Proposed Ordinance as Attachment 1.
Proposed New Section – 23.54.035
Commercial and multi-tenant buildings shall have installed and maintain a recording video surveillance system with cameras placed to view publicly accessible exterior grounds contiguous to that property. Additional cameras and camera technologies may be installed by a property owner, and additional cameras and camera technologies may be required based on project-specific conditions including, but not limited to, project size, and location as determined by the Chief of Police or their designee. A video surveillance system installed under this section shall be approved by the Chief of Police or their designee.
NEXT STEP:
An ordinance for second reading will be brought to the City Council for adoption at a subsequent meeting should the City Council approve the introduction of the proposed ordinance. If the second reading of the ordinance is approved, the ordinance would become effective 30 days after adoption.
PUBLIC ENGAGEMENT AND COMMENTS:
An online community workshop focused on these amendments as well as other amendments being considered by the Police Department to the City’s Building Security Code was held on May 25, 2023. Notice of this community workshop was provided a minimum of ten (10) days prior to the workshop through the San Mateo Daily Journal, posting at various public facilities, the City’s website, and the Citywide eNewsletter. Four community members attended the workshop. Comments and questions raised during the workshop addressed general security design methods but not specifically on the subject amendment. Public comments received after the publication of this report will be forwarded to the City Council for consideration at the public hearing and will be posted to this item online as “Post Packet Public Comments.” BUDGET IMPACT:
There is no projected fiscal impact resulting from these amendments if adopted and would be absorbed by already funded staff time.
ENVIRONMENTAL DETERMINATION:
In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15061(b)(3), adoption of this ordinance amendment is covered by the "common sense exemption" in that CEQA applies only to projects which have the potential to cause a significant effect on the environment. Here, it can be seen with certainty that the ordinance amendment will not have a significant effect on the environment per Guidelines Section 15061(b)(3).
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NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Ordinance
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Matt Lethin, Captain
[email protected]
(650) 522-7663
Brendan Bartholomew, Sergeant
[email protected]
(650) 522-7743