San Mateo City Council
May 18, 2026

pollutant for which the project region is non‐attainment under an applicable federal or state ambient air quality standard?
Section 15355 of the CEQA Guidelines states: “Cumulative impacts” refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. …Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.” The impact analysis for cumulatively considerable net increase relies on the BAAQMD screening criteria to determine the project effect is insignificant but fails to evaluate the combined effects of the additional 10 projects the city has approved in the last few years. It is inadequate to assert the cumulative impact is not significant because the project impact is not significant. Some of these cumulative projects, or the 7 projects under consideration, may be constructed at the same time as this proposed project. The project may in itself result in insignificant impacts but the cumulative impacts to air quality and public health would likely be significant when added together.

Please provide a cumulative air and health assessment to determine whether the cumulative impacts are significant.

Response J.9: Cumulative air quality impacts (including health risk impacts) are presented on pages 214 through 215 of the IS/MND. The project’s cumulative criteria pollutant impacts are presented in Section 4.3 Air Quality, where it is explained the project is well below the screening levels used to determine when a project could have a cumulatively considerable contribution to operational criteria pollutant impacts in the Bay Area Air Basin.

A cumulative community risk impact assessment was completed for the project and is summarized in Table 4.21-1 of the IS/MND. The analysis of toxic air contaminants 10902 of 11211
Bespoke (445 South B Street) Mixed-Use Project 20 Responses to Comments City of San Mateo December 2025
took into account cumulative sources within 1,000 feet per the Bay Area Air Quality Management District (BAAQMD) guidelines. All three projects listed by the commenter are located over 1,000 feet from the project boundary and were therefore not included, consistent with BAAQMD guidelines. As shown in Table 4.21- 1 of the IS/MND, the existing railway sources are the primary cause of the cancer risk exceedance, not the foreseeable future cumulative projects. Consistent with BAAQMD guidance, since the project’s contributions are below the single-source project-level thresholds, and the cumulative impact is attributable to a single predominant source (Caltrain) the project would not result in a cumulatively considerable contribution. Further, as stated on page 215 of the IS/MND, the cumulative contribution from the rail line would decrease substantially once Caltrain electrification is completed (which happened on September 1, 2024). The comment does not raise any specific environmental issues or concerns with the adequacy of the environmental analysis in the IS/MND.

Comment J.10: Table 4.3‐5: Project Construction Impacts at Off‐Site MEI The proposed project cancer risk is close to the threshold at 8.07 (controlled). The cumulative impact of multiple projects would be significant, and the 8.07 cancer risk is a considerable contribution. Please provide the cumulative impact analysis.

Response J.10: As shown in Table 4.3-3, a project’s single source cancer risk would be significant if it exceeded BAAQMD’s 10 per one million threshold. As stated in the comment and shown in Table 4.3-5 of the IS/MND, the project’s cancer risk would be below the applicable threshold, and that threshold is also used to determine whether a project’s contribution to a cumulative impact is cumulatively considerable. Refer to Response J.9 above for a detailed response on the cumulative impact analysis.

Comment J.11: Biology
Removing 23 protected trees is a significant impact, especially when considered with the trees removed by the previously approved 10 downtown projects and the 7 projects under consideration.

This project is a significant contribution to the loss of heritage trees downtown. The loss of so many heritages trees downtown is inconsistent with the policy of preserving heritage trees. Providing in lieu fees is deferred mitigation because there is no evidence any trees are planted.

The project proposes to replace 260 landscape units with 9 landscape units. This is unacceptable! Response J.11: As stated on page 61 of the IS/MND, the project proposes to remove all 23 trees from the site; therefore, the project would be required to obtain a Site Development Permit in accordance with City Municipal Code Section 23.40, and either replace removed trees with equivalent trees in terms of land use value or pay landscape unit in-lieu fees in accordance with the City’s Comprehensive Fee Schedule. The City has established replacement requirements in the Municipal Code that adequately offset tree removal proposed by the project. All in-lieu tree replacement fees are deposited into the City’s planting fund and the money is used 10903 of 11211
Bespoke (445 South B Street) Mixed-Use Project 21 Responses to Comments City of San Mateo December 2025
to plant trees throughout the City. This season, the City will plant approximately 200 trees in street-side planting strips and in City parks.

Comment J.12: Energy
Please provide the amount of solar energy provided for the proposed project in megawatts and compare it to expected consumption. What percentage of energy needs will the solar supply? Response J.12: As stated on pages 79 and 80 of the IS/MND, the project would reduce electricity usage by providing a photovoltaic system. Accordingly, the IS/MND concludes that the project would have a less than significant impact on energy. The comment does not raise any specific environmental issues or concerns with the adequacy of the environmental analysis in the IS/MND and no revisions are required.

Comment J.13: Hazards and Hazardous Materials

The Site History description states the area included an auto service repair shop, which typically results in groundwater contamination with fuel, oil, and lubricants. Paint shops and dry cleaners often result in contamination. The next paragraph On‐Site Sources of Contamination includes the statement “There are no prior uses of the site that constitute a source of contamination…” and later “According to historical records, gasoline service stations and automotive repair shops with USTs have been located in the vicinity of the subject property since the 1920s.” Please explain or correct this contradiction.

Response J.13: Page 105 of the IS/MND correctly states that there are no prior uses on-site that constitute a source of contamination. It is documented in the IS/MND that off-site sources of contamination are affecting the project site. This impact is expected to be reduced to less than a significant level through the implementation of MM HAZ 1-1.

Comment J.14: The Phase II study was conducted in 2020 and another one in 2022. According to the EPA, “If redevelopment plans change or more than 180 days have passed since the Environmental Site Assessment, additional assessment may be needed…Additional assessment gives confidence to the community and investors and ensures a safe reuse.” Since the Phase II studies were conducted, the Kiku Crossing and garage were constructed. Please provide the analysis that indicates the 2022 Phase II study is still valid.

Response J.14: The operations at the project site have not changed since the Phase II environmental subsurface investigations were performed in 2022.

Comment J.15: The 2022 Phase II testing showed many soil samples exceeded standards for constituents such as Naphthalene, PCE, arsenic, lead, and barium. The 2020 and 2022 Phase II groundwater and soil vapor testing showed samples exceeded standards. Please provide this 10904 of 11211
Bespoke (445 South B Street) Mixed-Use Project 22 Responses to Comments City of San Mateo December 2025
information (constituent, number of samples, levels, standards, exceeds yes/no) in a table format so it is easier for the reader to see all the standards exceeded and for which constituents.

Response J.15: The information requested in the comment is provided in the bullet lists on pages 106 through 108 of the IS/MND. The bullet lists describe the specific contaminants that were detected and the levels at which they were detected. The bullet lists provide sufficient detail to inform the CEQA analysis. Refer to Appendix F of the IS/MND for additional details. The IS/MND concluded that the levels of various contaminants that exceeded various regulatory screenining levels posed a potential risk; therefore, the project would implement MM HAZ-1.1 as disclosed on page 112 of the IS/MND.

Comment J.16: MM HAZ‐1.1 is deferred mitigation because it just requires a plan but does not include any specifics as to how the health and safety of workers, residents, and the public will be protected. What “protocols, measures, and techniques for the proper handling, management, re‐ use and/or disposition of affected soil, soil vapor, and groundwater found on the site” will be implemented?
Response J.16: Mitigation Measure HAZ-1.1 on page 112 of the IS/MND requires the preparation of a Site Management Plan (SMP) and Health and Safety Plan (HSP) by a qualified environmental engineering firm to be approved by the San Mateo County Environmental Health Department. Implementation of this measure, required as a Condition of Approval, ensures the active protection of health and safety during the entire construction process. The comment does not raise any specific environmental issues or concerns with the adequacy of the environmental analysis in the IS/MND and no revisions are required. In accordance with standard industry practice, the SMP and HSP will be tailored to the specific conditions of the project site, ensuring that the protocols, measures, and techniques will be appropriate for the actual conditions encountered. Additionally, the SMP and HSP must be reviewed and approved by the San Mateo County Environmental Health Department. This regulatory oversight will ensure that the plans meet stringent health and safety standards designed to protect construction workers, the public, and the environment. The requirement that the plans be prepared by a qualified environmental engineering firm with demonstrated expertise ensures that the plans will be comprehensive and effective. The involvement of appropriately-licensed professionals adds a layer of accountability and expertise. Moreover, the mitigation measure mandates that the approved SMP and HSP be implemented throughout all ground-disturbing work. Proof of approval from the County Environmental Health Department must be provided before any building permits are issued by the City.

This pre-construction requirement ensures that the mitigation measures are in place and approved before any activities that may encounter potentially hazardous activities begin. Finally, the requirement for a Discharge Plan to be approved by the Director of Public Works before dewatering activities adds another layer of protection, ensuring that any water management issues are addressed in advance. 10905 of 11211
Bespoke (445 South B Street) Mixed-Use Project 23 Responses to Comments City of San Mateo December 2025
By requiring detailed, site-specific plans that are subject to regulatory review and approval, and by ensuring these plans are implemented and monitored throughout the construction process, the mitigation measure provides a robust framework for protecting health and safety. This approach aligns with CEQA’s requirements for effective mitigation and does not constitute deferred mitigation Comment J.17: p. 112
c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one‐quarter mile of an existing or proposed school? The analysis of the effects on schools should include the Safari Kids pre‐school located 2 blocks away. This impact is significant and should be described and thoroughly mitigated with effective and verifiable mitigation.

Response J.17: Safari Kids Pre-school is located within 0.25 miles of the project site (refer to Section 3.0 Draft IS/MND Text Revisions). As discussed under checklist question a) on page 110 of the IS/MND, operation of the project would routinely store and use small quantities of cleaning supplies, maintenance chemicals, maintenance chemicals, and herbicides and pesticides. Operation of the project would also require the storage of diesel fuel associated with occasional testing and use of emergency generators during power failures. No other hazardous materials would be used or stored on the sites. These materials would be managed in accordance with existing laws and regulations under the County Environmental Health’s permission and supervision. The County Environmental Health staff confirmed that a diesel generator for a project of this scale typically requires a storage tank with a capacity of over 200 gallons. A permit is required when on-site diesel storage exceeding 55 gallons. This permit must be renewed annually and includes biannual inspections to ensure that the routine transport, storage, use, and disposal of diesel fuel do not pose a significant hazard to public health or the environment. During construction, the project would implement mitigation measure MM HAZ-1.1 identified under checklist question b) and would not emit significant hazards or hazardous materials impacts from construction or operation.

This clarification has been made to the IS/MND (refer to Section 3.0 Draft IS/MND Text Revisions). This comment and subsequent text revisions do not provide new information that would change the analysis or conclusions disclosed in the IS/MND.

Comment J.18: Condition of Approval HAZ‐1 is not demonstrated to be effective or verifiably protect the health and safety of residents on site and nearby. Please provide more information on how this measure would mitigate the effects on health and safety.

The neighbors should be notified when any air, waste, soil, or water discharge occurs that may affect public health and safety in the area.
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Bespoke (445 South B Street) Mixed-Use Project 24 Responses to Comments City of San Mateo December 2025
Response J.18: As discussed on page 51 of the IS/MND, effects of the existing environment on future residents or occupants of the project are not considered CEQA impacts, as CEQA is focused on the effects a project will have on the environmental setting. The discussion of health effects on future residents of the project was included in the IS/MND for informational purposes because the City has General Plan policies (LU 8.9 and LU 8-11) that address existing air quality conditions affecting a proposed project. The comment claims that Condition of Approval HAZ‐1 “is not demonstrated to be effective or verifiably protect the health and safety of residents on site and nearby,” but does not provide facts, reasonable assumptions predicated on facts, and expert opinion supported by facts to support this claim.

Condition of Approval HAZ-1.1 adequately addresses operational impact related to groundwater and soil contamination from petroleum hydrocarbons and chlorinated solvents by requiring implementation of a vapor mitigation system that will minimize the risk of exposure to future employees and residents.. The commentor has not provided any other information that would change the analysis or conclusions disclosed in the IS/MND.

Comment J.19: Land Use
The project design is not harmonious, which is a conflict with General Plan Policy Response J.19: The project’s compatibility with the General Plan is presented on page 133 to 134 of the IS/MND. The project’s consistency with General Plan policies, Municipal Code requirements, and other City policies as they pertain to specific environmental impacts associated with a development of the proposed size and use have been evaluated throughout this IS/MND and found to be less than significant with mitigation incorporated. The comment expresses an opinion regarding the project design. As noted in Section 4.1 Aesthetics, the project’s aesthetic impacts are considered less than significant by statute pursuant to SB 743. The comment does not raise any specific environmental issues or concerns with the adequacy of the environmental analysis in the IS/MND.

Comment J.20: Noise
The noise levels at sensitive receptors will be significant and unavoidable at 90 dBA. Mitigation Measure MM NOI‐1.1 is not adequate to protect sensitive receptors.

Response J.20: As stated on page 149, implementation of mitigation measure MM NOI-1.1 would reduce construction noise levels coming from the site, limit construction hours, minimize disruption and annoyance, and ensure compliance with the City’s Noise Ordinance and General Plan Policy N-2.2. The measure requires that the project prepare a Construction Noise Plan that demonstrates that noise levels during demolition or construction will not exceed 90 A-weighted sound level (dBA) at distance of 25 feet from the source of noise. The comment does not provide any substantial evidence to the contrary to suggest that the implementation of MM NOI-1.1 would not reduce noise levels below 90 dBA. 10907 of 11211
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Comment J.21: G: the measure should state the areal extent for coordination with local residents.

Define what scheduling would minimize noise disturbances.

Response J.21: As stated on page 148 of the IS/MND, the Construction Noise Plan applies to distances of 25 feet from the source of noise. The comment does not raise any specific environmental issues or concerns with the adequacy of the environmental analysis in the IS/MND.

Comment J.22: Traffic
The Traffic Demand Management (TDM) Plan must be included and analyzed in the IS/MND.

Response J.22: The project is not required to implement a TDM to reduce a CEQA impact, there is no requirement that it be included in in the IS/MND The comment does not raise any specific environmental issues or concerns with the adequacy of the environmental analysis in the IS/MND.

Comment J.23: A Survey of Caltrain and SamTrans usage in the Downtown is needed. The Traffic Impact Analysis indicates at least 814 people in the 2 buildings (residential and office/retail) are going to walk, bike, or take Caltrain and SamTrans. This project adds 1,092 vehicle trips daily to our streets. It would be helpful if Fehr and Peers could do a survey of workers and residents in the new surrounding Downtown developments to see if they drive or take transit to work or to shop. Please indicate whether these businesses or developers provide transit passes:
• 303 Baldwin (former Trag’s)
• 180 E 3rd (former Aaron Bros)
• 2 East Third/El Camino Real
• 1 East 3rd/El Camino Real
• Kiku Crossing Residential
• 405 East 4th (former Endo Automotive and Honda Motors) • 406 East 3rd Avenue (former Kentucky Fried Chicken)
• Nazareth Plaza Mixed Use at B St and 9th Avenue
Response J.23: See Response G.6 above.

Comment J.24: The parking is inadequate and will cause significant impacts in the adjacent residential neighborhoods.

Response J.24: See Response J.6 above.

Comment J.25: Please describe how the Caltrans Project on 101 from September 2024 to April 2025 and the 4th Avenue 101 South entrance to 101 closures will affect the project and the cumulative impacts. Did the traffic analysis consider the closures? 10908 of 11211
Bespoke (445 South B Street) Mixed-Use Project 26 Responses to Comments City of San Mateo December 2025
Response J.25: It is anticipated that the Caltrans project referenced by the commenter will be complete prior to the start of construction for the proposed project. The comment does not raise any specific environmental issues or concerns with the adequacy of the environmental analysis in the IS/MND.

Comment J.26: Please work with Caltrans to reclassify East 5th Avenue from a minor arterial to a non‐arterial classification.

Response J.26: The comment does not raise any specific environmental issues or concerns with the adequacy of the environmental analysis in the IS/MND as the project is not proposing any changes to roadway classifications. Street classifications are determined by Caltrans.

Comment J.27: Keep the Class III Bicycle Boulevard and residential parking on both sides of the street between Delaware and Amphlett. The cumulative projects in the area represent a significant adverse effect on the neighborhoods. 5th Avenue is a Class III Bike Boulevard and qualifies for traffic calming according to the Traffic Impact Analysis for Bespoke. Please install the traffic calming features to reduce the project construction and operation effect on residents.

Response J.27: The comment does not raise any specific environmental issues or concerns with the adequacy of the environmental analysis in the IS/MND as the project would not modify any bicycle facilities.

Comment J.28: Parking
Please provide data on how many projects (people and cars) are relying on the Cityʹs Central Garage and Kiku Crossing garage to demonstrate there is adequate capacity. Kiku Crossing garage provides parking for at least the Kiku Crossing residential development and the office buildings at 3rd and El Camino.

Response J.28: Refer to response J.6 above. The comment does not raise specific concerns regarding the proposed project or the adequacy of the environmental analysis in the IS/MND.

Comment J.29: Off-Site Improvements
The project is large and will contribute over 800 people to the downtown traffic congestion and need for services. The developer is using inappropriate density bonuses and is asking for concessions. The city should enter into a development agreement that provides benefits to the city Response J.29: Refer to Response J.1 for a detailed response on State Density Bonus Law. The City is entering into a Development Agreement with the applicant. The comment does not raise specific concerns regarding the proposed project or the adequacy of the environmental analysis in the IS/MND.

Comment J.30: Mitigation Monitoring and Reporting
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Bespoke (445 South B Street) Mixed-Use Project 27 Responses to Comments City of San Mateo December 2025
The city has not demonstrated its ability to effectively monitor developer implementation of mitigation measures. Please indicate in the MMRP what the City will do differently to ensure mitigation measures are thoroughly implemented and are effective? Response J.30: The comment does not raise specific concerns regarding the proposed project or the adequacy of the environmental analysis in the IS/MND or the adequacy of the mitigation measures The commenter has not provided information that the City would not ensure the implementation of the mitigation measures.

Comment J.31: I am disappointed that the city is considering adding almost 150,000 square feet of office space, which will further exacerbate the jobs/housing imbalance.

Response J.31: The City evaluated the project based on city regulations and standards. The comment does not raise specific concerns regarding the proposed project or the adequacy of the environmental analysis in the IS/MND. 10910 of 11211
Bespoke (445 South B Street) Mixed-Use Project 28 Responses to Comments City of San Mateo December 2025
Section 3.0 Draft IS/MND Text Revisions
This section contains revisions to the text of the Bespoke Mixed-Use project IS/MND dated October 2024. Revised or new language is underlined. All deletions are shown with a line through the text.

As discussed in Section 4.9.1.2 Existing Conditions, shallow soil impacted with lead is present on the project site. TPHd, chloroform, and PCE are also present in groundwater at concentrations exceeding regulatory screening levels. In addition, groundwater and soil vapor on the project site is contaminated with petroleum hydrocarbons (TPHg). Additionally, ACMs, LBP coated surface, and PCBs are present within the buildings on the project site. Furthermore, elevated concentrations of chloroform, PCE, TCE, and benzene are present in the soil vapor. The sources of contamination at the project site are due to several off-site sources.

Petroleum hydrocarbons, when inhaled, can cause acute short-term effects (e.g. eye, nose, throat irritation, headaches) or, in significant concentrations, chronic long-term effects such as damage to the central nervous system or internal organs. 83 When inhaled, chlorinated solvents (including PCE) can cause both acute (e.g. dizziness, headaches, confusion, etc.) or chronic health effects (e.g. cancer or liver, kidney, immunological, endocrine, and developmental effects).84 Additionally, soil beneath the subject property, as well as buildings within the project site, may have residual ACMs, LBP, and/or PCBs. Contaminated soil, groundwater, and soil vapor disturbed during constructionrelated ground-disturbing activities (i.e., demolition [including pavement removal], excavation, grading) of the project site could become airborne and adversely affect construction workers and nearby sensitive receptors, if appropriate control measures are not implemented.

Impact HAZ-1: Construction of the project could result in exposure of construction workers, adjacent uses, and the environment to groundwater, and building, and soil contamination from petroleum hydrocarbons and chlorinated solvents.

MM HAZ-1.1: Based on the history of the project site and the history of adjoining properties, areas of impacted soil, soil vapor, and/or groundwater may be encountered during construction activities. To establish appropriate management practices for handling and management of impacted soil, soil vapor, and groundwater that may be encountered during construction activities, the applicant shall enroll in the Groundwater Protection Voluntary Oversight Program administered by the San Mateo County Environmental Health Department. The applicant shall submit a Site Management Plan (SMP) and Health and Safety Plan (HSP) to San Mateo County Environmental Health Department for SMP review and approval. The SMP and HSP shall be designed and implemented to protect human health of construction 10911 of 11211
Bespoke (445 South B Street) Mixed-Use Project 29 Responses to Comments City of San Mateo December 2025
workers, the public and the environment during site preparation, grading, and excavation activities by including protocols, measures, and techniques for the proper handling, management, re-use and/or disposition of affected soil, soil vapor, and groundwater found on the site during such activities. The applicant shall also submit to the San Mateo County Environmental Health Department for review and approval a detailed Vapor Mitigation Plan. The Vapor Mitigation Plan shall consider vapor mitigation strategies, if and as appropriate, that are protective of the occupants of the structures to be constructed on the project site, including post construction monitoring/verification sampling. The SMP, and HSP, and Vapor Mitigation Plan shall be prepared by a qualified environmental engineering firm with demonstrated expertise and experience in the preparation of SMPs and HSPs and shall be stamped by an appropriately-licensed professional. Proof of receipt of an approval letter from the County Environmental Health Department approval shall be provided to the City’s Building Division and Planning Division prior to issuance of the first building permit, including demolition. The SMP, and HSP, and Vapor Mitigation Plan shall be implemented by the applicant throughout all ground-disturbing work. Prior to dewatering during project construction, a Discharge Plan shall be prepared and submitted to the satisfaction of the Director of Public Works for approval.

The project site is located within 0.25 miles of Safari Kids Pre-School.There are no existing schools within one quarter mile of the project site. The nearest school to the project site is Sunnybrae Elementary School located approximately 0.4 miles southeast. As discussed above, the project with the implementation of mitigation measure MM HAZ-1.1 identified under checklist question a) would not emit significant hazards or hazardous materials impacts from construction or operation.

For these reasons, the project would not emit hazardous emissions or handle hazardous materials, substances, or waste within 0.25 mile of an existing or proposed school. (Less than Significant Impact)
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Section 4.0 Conclusion
The comments received on the IS/MND did not raise any new issues about the project’s environmental impacts or provide information indicating the project would result in new environmental impacts or impacts substantially greater in severity than disclosed in the IS/MND, nor do the comments provide a ‘fair argument’ based on substantial evidence that the project would result in a significant impact, despite the implementation of identified mitigation measures. Minor clarifications were added to the text of the IS/MND (refer to Section 3.0 Draft IS/MND Text Revisions). The text revisions do not constitute a “substantial revision” pursuant to CEQA Guidelines §15073.5 and recirculation of the MND is not required.
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Appendix A: IS/MND Comment Letters
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https://dtsc.ca.gov

SENT VIA ELECTRONIC MAIL
October 21, 2024
Manira Sandhir
Planning Manager
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
[email protected]
RE: MITIGATED NEGATIVE DECLARATION FOR 445 SOUTH B STREET “BESPOKE” MIXED-USE PROJECT DATED OCTOBER 04, 2024, STATE CLEARINGHOUSE NUMBER 2024100181
Dear Manira Sandhir,
The Department of Toxic Substances Control (DTSC) received a Mitigated Negative Declaration (MND) for the 445 South B Street “Bespoke” Mixed-Use Project (Project).

The Project proposes to construct two buildings over a shared parking subterranean parking garage—a seven-story residential building that would include 71 affordable units and the Center for Self-Help for the Elderly, and a six-story commercial building that would include 148,939 square feet of office and 13,995 square feet of retail/restaurant space. After reviewing the Project, DTSC recommends and requests consideration of the following comments:

1. There are several areas of which DTSC has regulatory oversight over that are within the proposed Project site, whether they are listed as having documented contamination, land use restrictions, are subject to a Hazardous 10915 of 11211
Manira Sandhir
October 21, 2024

Waste Facility Permit, or the potential for the Project site to be included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Therefore, DTSC recommends further coordination with the Department in the event that the proposed project may impact any of the areas that may fall under DTSC's oversight. Please review the project area in EnviroStor; DTSC’s public-facing database and coordinate with the Department if any suspected decisions may impact these areas of which DTSC oversees.

2. The Project and future CEQA documents should acknowledge the potential for historic or future activities on or near the Project site due to the release of hazardous wastes/substances on or near the Project site. In instances in which releases have occurred or may occur, further studies should be carried out to delineate the nature and extent of the contamination, and the potential threat to public health and/or the environment should be evaluated.

3. In section Hazards and Hazardous Materials MM HAZ-1 of the MND it states:
“Based on the history of the Project site, areas of impacted soil, soil vapor, and/or groundwater may be encountered during construction activities. To establish appropriate management practices for handling and management of impacted soil, soil vapor, and groundwater that may be encountered during construction activities, the applicant shall submit a Site Management Plan (SMP) and Health and Safety Plan (HSP) to San Mateo County Environmental Health Department for review and approval.” A SMP alone cannot sufficiently identify and document the potential contaminants that may pose a threat to human health and the environment. DTSC recommends that a cleanup plan, a Removal Action Workplan (RAW) or Remedial Action Plan (RAP), be prepared to adequately address all site impacts after complete characterization.

4. DTSC recommends the City of San Mateo enter into a voluntary agreement to address contamination at brownfields and other types of properties or receive oversight from San Mateo County Environmental Health Department, DTSC 10916 of 11211
Manira Sandhir
October 21, 2024

or the Regional Water Quality Control Board. If entering into one of DTSC’s voluntary agreements, please note that DTSC uses a single standard Request for Lead Agency Oversight Application for all agreement types.

Please apply for DTSC oversight using this link: Request for Agency Oversight Application. Submittal of the online application includes an agreement to pay costs incurred during agreement preparation. If you have any questions about the application portal, please contact your Regional Brownfield Coordinator.

5. DTSC recommends that all imported soil and fill material should be tested to assess any contaminants of concern meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment (PEA) Guidance Manual.

Additionally, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of prior land use. Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.

6. If buildings or other structures are to be demolished on any project sites included in the proposed project, surveys should be conducted for the presence of lead-based paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolition, and disposal of any of the above-mentioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or former buildings should be conducted in accordance with DTSC’s Preliminary Endangerment Assessment (PEA) Guidance Manual
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Manira Sandhir
October 21, 2024

DTSC appreciates the opportunity to comment on the MND for the 445 South B Street “Bespoke” Mixed-Use Project. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like clarification on DTSC’s comments, please respond to this letter or via email for additional guidance.

Sincerely,
Tamara Purvis
Associate Environmental Planner
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
cc: (via email)
Governor’s Office of Planning and
Research State Clearinghouse
[email protected]
Dave Kereazis
Associate Environmental Planner
HWMP-Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
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“Provide a safe and reliable transportation network that serves all people and respects the environment.” DISTRICT 4

OFFICE OF REGIONAL AND COMMUNITY PLANNING
P.O. BOX 23660, MS–10D | OAKLAND, CA 94623-0660
www.dot.ca.gov
October 31, 2024 SCH #: 2024100181
GTS #: 04-SM-2024-00631
GTS ID: 34169
Co/Rt/Pm: SM/82/11.608
Manira Sandhir, Planning Manager
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Re: 445 South B Street “Bespoke” Mixed-Use Project ─ Initial Study/Mitigated Negative Declaration (IS/MND)
Dear Manira Sandhir:

Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the 445 South B Street “Bespoke” Mixed-Use Project.

The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. The following comments are based on our review of the September 2024 Draft IS/MND.

Please note this correspondence does not indicate an official position by Caltrans on this project and is for informational purposes only.

Project Understanding
The proposed project is a mixed-use development that would construct two new buildings over a shared subterranean parking garage. The first would be a seven-story, 100 percent affordable residential building with a Center for Self-Help for the elderly.

The second would be a six-story commercial building with office and retail/restaurant space. The project site is located in Downtown San Mateo between State Route 82 (SR 82) and U.S. Route 101 (U.S. 101).

Travel Demand Analysis
This high-density, mixed-use infill development project would provide 71 new affordable housing units in a high-quality transit area. Per the IS/MND, the project is found to have a less than significant vehicle miles traveled (VMT) impact, therefore working towards meeting the State’s VMT reduction goals. The project would also implement a Transportation Demand Management (TDM) plan to encourage 10919 of 11211
Manira Sandhir, Planning Manager
October 31, 2024

“Provide a safe and reliable transportation network that serves all people and respects the environment.” multimodal options, which is also in support of meeting state policy goals on VMT reduction.

Construction-Related Impacts
Project work that requires movement of oversized or excessive load vehicles on State roadways requires a transportation permit that is issued by Caltrans. To apply, please visit Caltrans Transportation Permits (link).

Prior to construction, coordination may be required with Caltrans to develop a Transportation Management Plan (TMP) to reduce construction traffic impacts to the State Transportation Network (STN).

Thank you again for including Caltrans in the environmental review process. Should you have any questions regarding this letter, please contact Luana Chen, Transportation Planner, via [email protected].

For future early coordination opportunities or project referrals, please visit Caltrans LDR website (link) or contact [email protected].

Sincerely,

YUNSHENG LUO
Branch Chief, Local Development Review
Office of Regional and Community Planning
c: State Clearinghouse
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Please accept these comments on the BeSpoke – Initial Study/Mitigated Negative Declaration.

My comments specifically concern the Traffic Impact Analysis that would change East 5th Avenue (from Delaware to Amphlett) from the current Class III Bike lane to a Class II Bike Lane. Specifically, the change to a Class II Bike Lane would remove parking on one side of the street, eliminate the possibility for future traffic calming, and subsequently cause several problems.
• Removing the parking from one side of the street will cause difficulties for residents.

Our block of East 5th Avenue (between Grant and Humbolt) is completely parked up every evening and night. About half of these cars belong to people who rent housing along East 4th Avenue where there is no street parking. We know this from having watched families carry groceries and young children around the block from where they park in front of our house, to where they live. By removing parking along one side of our block, these residents will have to park even further from the places where they live. • Removing the parking from one side of the street will cause conflict among neighbors. On Monday evenings residents put their garbage, recycling, and compost bins on the curb. Residents attempting to park on this block often move the bins (either off the street or to a place that blocks driveways) to create room for parking. This has caused shouting matches between residents along the street and the people needing to park their cars. We know this from having heard these disputes and y speaking with our neighbors. By removing parking along one side of our block these conflicts are likely to become more frequent and intense.
• East 5th Avenue is already in need of additional traffic calming measures. With the opening of the Kiku Crossing and Kiku Crossing Garage developments, more and more drivers are using East 5th Avenue as a route to Highway 101. We know this because we see these drivers travel east on East 5th Avenue and then turn left on Humbolt and then right on East 4th Avenue to access the Highway 101 north and south on-ramps. These drivers attempt to beat the traffic on East 4th Avenue by speeding from intersection to intersection - they screech to a stop at each cross street or only make a rolling stop, and then accelerate rapidly to the next intersection only to repeat this process. This creates excess noise, pollution from car exhaust, but most of all, makes it hazardous for residents to cross East 5th Avenue. Frankly, it is scary to even use a crosswalk when you have no guarantee that cars will stop for you, or that they might rapidly cross the intersection before you have made it across the street. We know this from walking our two-year old grandson around our neighborhood every weekday.

In summary, please do not change the status of East 5th Avenue from Delaware to Amphlett to a Class II Bike Lane for the following reasons:
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• There are other streets within the vicinity of the BeSpoke project site that are more suitable for bike access and that already have dedicated bike lanes, and these include East 9 th Avenue, Delaware, and Humboldt.
• Parking on both sides of East 5th Avenue is needed to serve the needs of residents. • Traffic calming measures on East 5th Avenue are already needed for the safety of the residents and must not be ruled out for the future.

Please preserve the family-friendly environment of this wonderful tree-lined street we try to call home. Thank you.

Bruce Cunningham
923 East 5th Avenue
San Mateo, CA 94402
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From: Manira Sandhir
To: Lisa Costa-Sanders; Natalie Noyes
Subject: FW: Bespoke Project
Date: Saturday, November 2, 2024 4:15:57 PM
Please see comment on the Bespoke project below.

Manira Sandhir, AICP
Planning Manager/ Zoning Administrator | City of San Mateo 650.522.7203(o)|650.242.6126(c)|[email protected] From: Maurine Killough <[email protected]>
Sent: Saturday, November 2, 2024 1:02 PM
To: Manira Sandhir <[email protected]>
Subject: Bespoke Project
This is a huge project and helps San Mateo address housing. I am concerned that the construction finds it necessary to remove all of the existing trees. I would like to see us conserve trees as well as put in more green. I'm also concerned about any changes for 5th Avenue which is a residential Street. We would like to keep parking on both sides. I'm not sure if the architecture has already been approved but the glass and steel design does not go with the design element of our sweet historic downtown.

Thank you for considering these comments as we move forward with this project.

Get Outlook for iOS
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From: Manira Sandhir
To: Lisa Costa-Sanders; Natalie Noyes; Jason Hallare; Jay Yu; Nicolette Chan Subject: FW: BeSpoke - Initial Study/Mitigated Negative Declaration Date: Saturday, November 2, 2024 4:16:59 PM
Fyi below – another comment on traffic/bike lane.

Manira Sandhir, AICP
Planning Manager/ Zoning Administrator | City of San Mateo 650.522.7203(o)|650.242.6126(c)|[email protected] From: Anna Cunningham <[email protected]>
Sent: Friday, November 1, 2024 8:49 PM
To: Manira Sandhir <[email protected]>
Subject: BeSpoke - Initial Study/Mitigated Negative Declaration Dear Manira Sandhir,
I am writing to share my household's opinion about the BeSpoke Project. I understand that as part of this plan, E 5th Ave (between Delaware and Amphett) is reclassified as a Minor Arterial and will be converted to a Class II Bike Lane, which would remove residential street parking on at least one side of the street. I live on this street and have great concern about the safety and feasibility of this plan.

This street is almost always full with residents' cars, including residents who cannot park on Humboldt anymore because of the added bike lane there. Most driveways are occupied by cars too. I don't know where everyone would park if street parking on 5th was removed. Some people may be able to fit two cars in their driveway, but this would lead to more cars backing out of driveways, which is a hazard to bicyclists moving at high speed in the bike lane. There are other wider streets that bicyclists can use instead, for example, E 9th Ave, which already has a dedicated bike lane and is also connected with bike lanes on Humboldt, Grant, and Delaware.

My greater concern is about the speed of cars on E 5th Ave if it is reclassified as a Minor Arterial and more traffic is redirected here. Many families on this street have young children who walk or ride scooters on the sidewalks often. The medians between the sidewalk and street on 5th are not very wide - not nearly as wide as the ones on 4th and 3rd Aves, which have faster-moving traffic. I would be extremely concerned about pedestrian safety, especially of small children, walking so close to traffic. Currently, there is low traffic on this street and I would like to see better research into whether people would actually drive on this street (presumably to get from 101 to downtown?) or 10924 of 11211
if the improved Caltrain schedule will encourage people to use that instead.

Thank you for reading and please let me know if you would like to discuss more.

Best,
Anna
* PRIVILEGE AND CONFIDENTIALITY NOTICE: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed. It may contain information that is confidential and prohibited from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination or copying of this message or any attachment is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this message along with any attachments from your computer. Thank you. 10925 of 11211
From: Manira Sandhir
To: Lisa Costa-Sanders; Natalie Noyes; Jay Yu; Jason Hallare; Nicolette Chan Subject: FW: Concerns for BeSpoke project
Date: Saturday, November 2, 2024 4:39:32 PM
One more!
Manira Sandhir, AICP
Planning Manager/ Zoning Administrator | City of San Mateo 650.522.7203(o)|650.242.6126(c)|[email protected] From: Chad Liu <[email protected]>
Sent: Saturday, November 2, 2024 4:36 PM
To: Manira Sandhir <[email protected]>
Subject: Concerns for BeSpoke project
Hello,
My name is Chad Liu and I am reaching out to express significant concerns regarding the BeSpoke Project and its implications for E 5th Ave. As part of this project, E 5th Ave is proposed to be reclassified as a Minor Arterial. As a resident of this street, I am alarmed by the potential safety hazards this plan could introduce. This is a primarily residential street, if anything, traffic should be limited instead of increased.

Our street is also consistently occupied by residents' vehicles, and with the recent addition of a bike lane on Humboldt, parking has become even scarcer. The removal of street parking on E 5th would not only exacerbate this issue but also increase the risk of accidents as more vehicles would need to back out into the bike lane—posing a danger to swiftly moving bicyclists. There are broader streets nearby, such as E 9th Ave, that already accommodate bicyclists effectively and would be safer alternatives for this infrastructure.

Most critically, I am deeply concerned about the increase in traffic speed that could result from reclassifying E 5th as a Minor Arterial. Many families, including mine, have young children live on this street, and the narrow medians do not provide sufficient buffer from the traffic, unlike those on neighboring avenues. The safety of these children, who frequently play and ride scooters near the roadway, could be severely compromised. I strongly advocate for slowing down traffic on E 5th to protect our community, rather than accelerating it. We must consider whether the anticipated traffic increase is justified or whether improved public transit options might mitigate the need for such changes.
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I appreciate your attention to these matters and am eager to discuss them further to find a solution that prioritizes the safety and well-being of our community. Thank you.

Chad
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November 4, 2024
Dear Ms. Sandhir,
These are comments I would like to submit for the Bespoke IS/Mitigated Negative Declaration.

Air Quality
Cumulative Health Risk Assessment

1. Table 5 - There are 6 projects listed in the cumulative Health Risk Assessment, but there are other approved projects which should be added to the list:
1st and B at 31-57 S. B street - Donut Delite,
Fremont Terrace at 200 S Fremont
Gateway Terrace at 222 Fremont.

These other projects all fall within the blue area designated- between Birch St., Monte Diablo Avenue, S Idaho Street and El Camino Real on Figure 02. These projects will add to the air pollutants and toxic air contaminants from construction, but were not included in the analysis.

2. Figure 02- There are 7 day care centers/schools identified on the map, but the residential neighborhoods - North Central, Central, Sunnybrae, the Stratford, Gramercy, Glazenwood, and the Downtown were not identified within the blue areas.. How do you plan to address the exposure to the air pollutants and toxic air contaminants during construction for residents and children in these daycare/schools? Do you plan to stagger the construction of all these 9 approved projects? Arborist Report

1. The project removes all 23 existing trees on site, all which are protected trees. We would like to see more Heritage Tree be preserved to protect the surrounding area from the toxic air contaminants.

Replacement trees by developers need to be a larger box size in the future since it will take many years for these trees to grow to maximum heights.

Traffic Impact Analysis

1. Bicycle lanes on East 5th Avenue - we would like to keep the Class III Bicycle Boulevard and residential parking on both sides of the street between Delaware and Amphlett. All the signs and markings in the pavement for the Bicycle Boulevard are completed on 5th Avenue and Humboldt Street. We have concerns for increased traffic, parking, and air quality with 9 approved projects in the vicinity. There are other wider streets with dedicated bike lanes on Humboldt and 9th that bicyclists can also be directed to.

2. We would like Public Works to pursue the reclassification of East 5th Avenue from a minor arterial to a non-arterial classification with Caltrans since we are nearing the end of 2024. The Class III Bike Boulevards qualify for traffic calming according to the Traffic Impact Analysis for Bespoke. 1 10928 of 11211
Traffic Impact Analysis

3. A Survey of Caltrain and SamTrans usage in the Downtown is needed. The Traffic Impact Analysis presumes as many of 814 people in the 2 buildings (residential and office/retail) are going walk, bike, or take Caltrain and SamTrans. This project adds 1,092 vehicle trips daily to our streets.

It would be helpful if Fehr and Peers could do a survey of workers and residents in the new surrounding Downtown developments to see if they drive or take transit to work or to shop. Do these businesses or developers provide transit passes:
303 Baldwin (former Trags)
180 E 3rd (former Aaron Bros)
2 East Third/El Camino Real
1 East 3rd/El Camino Real
Kiku Crossing Residential
405 East 4th (former Endo Automotive and Honda Motors)
406 East 3rd Avenue (former Kentucky Fried Chicken)
Nazareth Plaza Mixed Use at B St and 9th Avenue

4. There will be a Caltrans Project on 101 from September 2024 to April 2025 and the 4th Avenue 101 South entrance to 101 will be closed. So the construction trucks from all projects and commercial traffic will need to take El Camino to 92 to 101 with the interim closure.

Thank you.

Laurie Watanuki
2 10929 of 11211
From: Manira Sandhir
To: Lisa Costa-Sanders; Natalie Noyes
Cc: Jay Yu; Katherine Sheehan
Subject: FW: Comments: 445 South B Street "Bespoke" Mixed Use Project (PA-2023-012) Date: Monday, November 4, 2024 11:15:12 AM
See public comment below. Looping in PW as several comments are focused on traffic/parking.

Manira Sandhir, AICP
Planning Manager/ Zoning Administrator | City of San Mateo 650.522.7203(o)|650.242.6126(c)|[email protected] From: Peter Mandle <[email protected]>
Sent: Friday, November 1, 2024 4:16 PM
To: Manira Sandhir <[email protected]>
Cc: [email protected]
Subject: Comments: 445 South B Street "Bespoke" Mixed Use Project (PA-2023-012) Hi Ms.Sandhir:

I would like to offer the following comments regarding the 445 South B Street "Bespoke" Mixed Use Project:

A. As a result of this project, once or twice a month (or an estimated 16 days/year) queues of stopped vehicles are expected to back-up along on to East Fourth Avenue, immediately in front of the Caltrain tracks, and potentially block Fourth Avenue traffic trying to cross the tracks and turn into South Railroad Avenue. This is because the site layout and planned location of waste containers forces garbage trucks to regularly block South Railroad Avenue while collecting project waste. Does the City consider this a safe condition? B. Motorists exiting the project onto South Railroad Avenue may be unable to see pedestrians walking by on the adjacent sidewalk as the sight distance provided is inadequate. To remedy this unsafe condition, the project proposes to provide an alarm bell to alert pedestrians that a vehicle is exiting up the driveway. While common in very large cities, is there a similar example of the use of alarm bells in San Mateo to compensate for unsafe or inadequate sight lines? Is this considered an acceptable design by the City?
C. The report states that those employees who drive to work and are unable to park on the site will park in the City's Central Garage and Kiku Crossing garage. Do these garages provide sufficient spaces to accommodate these additional parkers as well as expected future growth from people working or shopping downtown? What plans are there to replace the public parking spaces in the Fourth and B Street Lot to be displaced by this project? D. Despite the large size of the project, the developer is not being required to make any off-site improvements, or even widen sidewalks other than expand existing bulb outs at two intersections. The developer is not planning to contribute to the costs of improved bus shelters. The developer is not being asked or required to make any investments to improve pedestrian, bicycle, transit, or traffic operations. The only requirements to improve mobility are to:
(a) develop a plan to coordinate loading operations with Draeger's (note: just a "plan", not actual actions)
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(b) monitor loading operations to ensure they do not impede use of sidewalks or local traffic circulation or otherwise result in unsafe conditions
Even if impediments do occur, the developer need only "work with the City" to develop onstreet spaces to accommodate freight and passenger loading activities.

Given the City's traffic problems and the number of people who cite downtown congestion as an issue, it is disappointing that yet another large project may be approved without any requirement to help improve our City's mobility or improve the safety of our streets.

Thank you for considering these comments.

Sincerely,
Peter Mandle
478 Fairfax Avenue
San Mateo
* PRIVILEGE AND CONFIDENTIALITY NOTICE: This message, together with any attachments, is intended only for the use of the individual or entity to which it is addressed. It may contain information that is confidential and prohibited from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination or copying of this message or any attachment is strictly prohibited. If you have received this message in error, please notify the original sender immediately by telephone or by return e-mail and delete this message along with any attachments from your computer. Thank you. 10931 of 11211
From: Manira Sandhir
To: Lisa Costa-Sanders; Natalie Noyes
Cc: Jay Yu; Nicolette Chan
Subject: FW: Comments re: BeSpoke-Inital Study
Date: Monday, November 4, 2024 11:16:35 AM
See comment below.

Manira Sandhir, AICP
Planning Manager/ Zoning Administrator | City of San Mateo 650.522.7203(o)|650.242.6126(c)|[email protected] From: Francie Souza <[email protected]>
Sent: Thursday, October 31, 2024 10:54 AM
To: Manira Sandhir <[email protected]>
Subject: Comments re: BeSpoke-Inital Study
Dear Ms. Sandhir,
These comments pertain to the BeSpoke - Initial Study/Mitigated Negative Declaration. My husband and I are residents of Central San Mateo and would like to emphasize the following points:

Please DO NOT RECLASSIFY East 5th Avenue from Delaware to Amphlett. This street is a busy NEIGHBORHOOD street with many pedestrians, including families and children on their way to school. East 5th should not be considered a speedy way to get to the freeway. Currently it is classified as Class III Bicycle Blvd, with residential parking on both sides of the street, as well as traffic calming measures at intersections. We do not want it changed to Class II, which would remove one side of street parking and traffic calming measures. We are very concerned about traffic impacts with multiple projects in and around our community.

In the last General Plan update, East 5th Avenue was reclassified to Minor Arterial from Delaware to Amphlett. Public Works stated they would request reclassification to non-arterial and this would be reviewed by CalTrans by the end of 2024. We want to ensure that this occurs.

Finally, we would like the city to survey workers and residents in the newer surrounding developments to determine how many residents commute via CalTrain or SamTrans or in their own cars. I’m aware that some businesses provide CalTrain passes, but not all commuters use them due to inconsistencies with schedules etc.

This is an important point for Planning to consider to determine parking requirements and traffic calming measures for the surrounding community in San Mateo.

Thank you,
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Tom & Francie Souza
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Laurie Hietter
223 Irving Street San Mateo, CA 94402
P.O. Box 146 San Mateo, CA 94402
www.smheritage.org
November 4, 2024
Ms. Manira Sandhir, Planning Manager
City of San Mateo
Planning Division
330 W. 20th Avenue
San Mateo, CA 94403
SUBJECT: 445 South B Street “Bespoke” Mixed‐Use Project Dear Ms. Sandhir:

Thank you for the opportunity to comment on the “445 South B Street Bespoke Mixed‐Use Project.” The Initial Study provides extensive analysis but does require additional analysis.

I incorporate by reference the comments by Laurie Watanuki and Peter Mandle. Please accept the following comments.

Proposed Project
The project is inappropriately aggregating an office building and a residential project to obtain concessions and density bonuses. These are two separate projects, and the office building should not receive the density bonus.

Figure 2.4‐3 does not adequately show surrounding residential land uses. The map should show at least 500 feet and preferably 1,000 feet from the project site.

The 148,939 square feet of office space will have a significant adverse impact on housing. The building could house 992 people at 150 sq ft per person.

The lack of ground floor retail is in conflict with the downtown plan and represents a significant impact.

The 85‐ and 87‐foot heights of the two buildings will result in a significant adverse effect related to wind and shadow. How will this be mitigated?
The 37 parking places are not adequate for the 71 units. This will cause a significant adverse effect on neighbors by parking in residential neighborhoods.

Define the width of the sidewalks.

Aesthetics
The photos should include a photo of the Kiku Crossing to show the adjacent high‐rise building. 10934 of 11211
Ms. Manira Sandhir
November 4, 2024

2 Air Quality

for which the project region is non‐attainment under an applicable federal or state ambient air quality standard?
Section 15355 of the CEQA Guidelines states: “Cumulative impacts” refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. …Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.” The impact analysis for cumulatively considerable net increase relies on the BAAQMD screening criteria to determine the project effect is insignificant but fails to evaluate the combined effects of the additional 10 projects the city has approved in the last few years. It is inadequate to assert the cumulative impact is not significant because the project impact is not significant. Some of these cumulative projects, or the 7 projects under consideration, may be constructed at the same time as this proposed project. The project may in itself result in insignificant impacts but the cumulative impacts to air quality and public health would likely be significant when added together.

Please provide a cumulative air and health assessment to determine whether the cumulative impacts are significant.

Table 4.3‐5: Project Construction Impacts at Off‐Site MEI The proposed project cancer risk is close to the threshold at 8.07 (controlled). The cumulative impact of multiple projects would be significant, and the 8.07 cancer risk is a considerable contribution. Please provide the cumulative impact analysis.

Biology
Removing 23 protected trees is a significant impact, especially when considered with the trees removed by the previously approved 10 downtown projects and the 7 projects under consideration. This project is a significant contribution to the loss of heritage trees downtown. The loss of so many heritages trees downtown is inconsistent with the policy of preserving heritage trees. Providing in lieu fees is deferred mitigation because there is no evidence any trees are planted.

The project proposes to replace 260 landscape units with 9 landscape units. This is unacceptable! Energy
Please provide the amount of solar energy provided for the proposed project in megawatts and compare it to expected consumption. What percentage of energy needs will the solar supply? Hazards and Hazardous Materials

The Site History description states the area included an auto service repair shop, which typically results in groundwater contamination with fuel, oil, and lubricants. Paint shops and dry cleaners often result in contamination. The next paragraph On‐Site Sources of Contamination includes the statement “There are no prior uses of the site that constitute a source of contamination…” and later “According to 10935 of 11211
Ms. Manira Sandhir
November 4, 2024

3 historical records, gasoline service stations and automotive repair shops with USTs have been located in the vicinity of the subject property since the 1920s.” Please explain or correct this contradiction.

The Phase II study was conducted in 2020 and another one in 2022. According to the EPA, “If redevelopment plans change or more than 180 days have passed since the Environmental Site Assessment, additional assessment may be needed…Additional assessment gives confidence to the community and investors and ensures a safe reuse.” Since the Phase II studies were conducted, the Kiku Crossing and garage were constructed. Please provide the analysis that indicates the 2022 Phase II study is still valid.

The 2022 Phase II testing showed many soil samples exceeded standards for constituents such as Naphthalene, PCE, arsenic, lead, and barium. The 2020 and 2022 Phase II groundwater and soil vapor testing showed samples exceeded standards. Please provide this information (constituent, number of samples, levels, standards, exceeds yes/no) in a table format so it is easier for the reader to see all the standards exceeded and for which constituents.

MM HAZ‐1.1 is deferred mitigation because it just requires a plan but does not include any specifics as to how the health and safety of workers, residents, and the public will be protected. What “protocols, measures, and techniques for the proper handling, management, re‐use and/or disposition of affected soil, soil vapor, and groundwater found on the site” will be implemented? p. 112
c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one‐quarter mile of an existing or proposed school? The analysis of the effects on schools should include the Safari Kids pre‐school located 2 blocks away.

This impact is significant and should be described and thoroughly mitigated with effective and verifiable mitigation.

Condition of Approval HAZ‐1 is not demonstrated to be effective or verifiably protect the health and safety of residents on site and nearby. Please provide more information on how this measure would mitigate the effects on health and safety.

The neighbors should be notified when any air, waste, soil, or water discharge occurs that may affect public health and safety in the area.

Land Use
The project design is not harmonious, which is a conflict with General Plan Policy Noise
The noise levels at sensitive receptors will be significant and unavoidable at 90 dBA. Mitigation Measure MM NOI‐1.1 is not adequate to protect sensitive receptors.

G: the measure should state the areal extent for coordination with local residents. Define what scheduling would minimize noise disturbances.
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Ms. Manira Sandhir
November 4, 2024

4 Traffic
The Traffic Demand Management (TDM) Plan must be included and analyzed in the Initial Study.

A Survey of Caltrain and SamTrans usage in the Downtown is needed. The Traffic Impact Analysis indicates at least 814 people in the 2 buildings (residential and office/retail) are going to walk, bike, or take Caltrain and SamTrans.  This project adds 1,092 vehicle trips daily to our streets. It would be helpful if Fehr and Peers could do a survey of workers and residents in the new surrounding Downtown developments to see if they drive or take transit to work or to shop. Please indicate whether these businesses or developers provide transit passes:
 303 Baldwin (former Trag’s)
 180 E 3rd (former Aaron Bros)
 2 East Third/El Camino Real
 1 East 3rd/El Camino Real
 Kiku Crossing Residential
 405 East 4th (former Endo Automotive and Honda Motors)  406 East 3rd Avenue (former Kentucky Fried Chicken)
 Nazareth Plaza Mixed Use at B St and 9th Avenue
The parking is inadequate and will cause significant impacts in the adjacent residential neighborhoods.

Please describe how the Caltrans Project on 101 from September 2024 to April 2025 and the 4th Avenue 101 South entrance to 101 closures will affect the project and the cumulative impacts. Did the traffic analysis consider the closures?
Please work with Caltrans to reclassify East 5th Avenue from a minor arterial to a non‐arterial classification.

Keep the Class III Bicycle Boulevard and residential parking on both sides of the street between Delaware and Amphlett. The cumulative projects in the area represent a significant adverse effect on the neighborhoods. 5th Avenue is a Class III Bike Boulevard and qualifies for traffic calming according to the Traffic Impact Analysis for Bespoke. Please install the traffic calming features to reduce the project construction and operation effect on residents.

Parking
Please provide data on how many projects (people and cars) are relying on the Cityʹs Central Garage and Kiku Crossing garage to demonstrate there is adequate capacity. Kiku Crossing garage provides parking for at least the Kiku Crossing residential development and the office buildings at 3rd and El Camino.

Off-Site Improvements
The project is large and will contribute over 800 people to the downtown traffic congestion and need for services. The developer is using inappropriate density bonuses and is asking for concessions. The city should enter into a development agreement that provides benefits to the city. 10937 of 11211
Ms. Manira Sandhir
November 4, 2024

5 Mitigation Monitoring and Reporting
The city has not demonstrated its ability to effectively monitor developer implementation of mitigation measures. Please indicate in the MMRP what the City will do differently to ensure mitigation measures are thoroughly implemented and are effective?
I am disappointed that the city is considering adding almost 150,000 square feet of office space, which will further exacerbate the jobs/housing imbalance.

Thank you for your consideration of these comments.

Sincerely,
Laurie Hietter
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Bespoke (445 South B Street) Mixed-Use Project 2 Responses to Comments City of San Mateo December 2025
Appendix B: 445 South B Street TDM Plan – Commercial
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TDM Plan
August 2024
445 South B Street TDM Plan -
Commercial
City of San Mateo
24542801

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Steer has prepared this material for City of San Mateo. This material may only be used within the context and scope for which Steer has prepared it and may not be relied upon in part or whole by any third party or be used for any other purpose. Any person choosing to use any part of this material without the express and written permission of Steer shall be deemed to confirm their agreement to indemnify Steer for all loss or damage resulting therefrom. Steer has prepared this material using professional practices and procedures using information available to it at the time and as such any new information could alter the validity of the results and conclusions made.

TDM Plan
August 2024
445 South B Street TDM Plan -
Commercial
Prepared by: Prepared for:

Steer
800 Wilshire Blvd, Suite 1320,
Los Angeles, CA 90017
USA
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
+1 (213) 425 0990
www.steergroup.com
Click here to enter text.
24542801
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445 South B Street TDM Plan - Commercial | TDM Plan
August 2024
Contents
1 Introduction....................................................................................................................2 Project Description................................................................................................................... 2 Demography and Travel Trends............................................................................................... 4 2 Site Assessment..............................................................................................................7 Site Geography and Road Network .......................................................................................... 7 Pedestrian and Bicycle Infrastructure ...................................................................................... 8 Transit Services....................................................................................................................... 12 Nearby Destinations............................................................................................................... 13 Available TDM Services .......................................................................................................... 13 3 Project TDM Measures.................................................................................................. 15 Regulatory Context................................................................................................................. 15 Project TDM Measures Summary........................................................................................... 16 Project TDM Measures—C/CAG “Required” Measures......................................................... 18 4 Impact of TDM Measures.............................................................................................. 24 Program Impacts .................................................................................................................... 24 5 Monitoring ................................................................................................................... 26 Annual Survey......................................................................................................................... 26 Figures
Figure 1. Zoning Map.......................................................................................................................... 3 Figure 2. Commute Mode Split........................................................................................................... 5 Figure 3. Inflow and Outflow.............................................................................................................. 6 Figure 4. Surrounding Street Network................................................................................................ 8 Figure 5. Existing Bicycle Network...................................................................................................... 9 Figure 6. Level of Stress.................................................................................................................... 10 Figure 7. Proposed Bicycle Network................................................................................................. 11 Figure 7. Estimated C/CAG trip reduction ........................................................................................ 17 10943 of 11211
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Tables
Table 1. Proposed Project Attributes ................................................................................................. 3 Table 2. Demography Statistics .......................................................................................................... 4 Table 3. Job Locations......................................................................................................................... 5 Table 4. Level of Service for 5th Avenue and South B Street and 4th Avenue and South B Street ... 8 Table 5. Planned Bicycle Facility Projects......................................................................................... 11 Table 6. Caltrain Service at Downtown San Mateo Station.............................................................. 12 Table 7. SamTrans Service ................................................................................................................ 12 Table 8. Project TDM Measures ....................................................................................................... 16 Table 9. ROI Calculator Estimated VMT and Congestion Hours Reduced ........................................ 24 Table 10. ROI Calculator summary of daily trip reductions.............................................................. 25 Appendices
A TDM ROI Calculator
B Background Assessment
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A Transportation Demand Management (TDM) Plan is a long-term management strategy for an organization or site that seeks to deliver sustainable transportation objectives. It is articulated in a document that is regularly reviewed by the implementing organization. It identifies an appropriate package of measures aimed at promoting sustainable travel, with an emphasis on reducing reliance on single occupancy vehicle (SOV) trips and vehicle miles traveled (VMT). It can also assist in meeting other objectives, such as increasing and reducing congestion, greenhouse gases, and noise.

This TDM Plan was produced on behalf of the City of San Mateo (City) for the 445 South B Street project site.

Project Description
The project site is located in the city’s Downtown Retail Core, bounded by East 4th and 5th Avenues, South B Street and South Railroad Avenue. The project includes1:
• A six-story 168,001 square foot retail/restaurant and office building, • 140 vehicle parking spaces on-site
– 103 commercial parking spaces
– 28 for commercial uses
• 162 bicycle parking stalls (22 short-term and 140 long-term) – 22 short-term stalls
– 140 long-term stalls
• A combination of on- and off-site improvements including ground-level and terrace landscaping,
• A corner retail plaza, and
• Improvements in the public right-of-way area.
1 City of San Mateo. (n.d.). Bespoke (445 South B Street). Retrieved from https://www.cityofsanmateo.org/4703/Bespoke-445- South-B-Street 1 Introduction
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Table 1 provides a comparative summary between the current and proposed site development.

Table 1. Proposed Project Attributes
Existing Proposed
Description Four commercial buildings &
One surface parking lot
Six-story commercial building
Square Footage 45,701 sq. ft. gross building area 168,001 sq. ft. commercial building area (including 153,138 sq. ft. of office area, 13,253 sq.
ft. of retail/restaurant area and 1,610 sq. ft. of
lobby area)
Zoning
Designation
CBD/R – Central Business
District
CBD/R – Central Business District
Source: 445 South B Street "Bespoke" Project Plans, dated October 10, 2023 Zoning
The site is zoned CBD/R (Central Business District, Residential Overlay District – Mixed Use) as shown in Figure 1.

Figure 1. Zoning Map
Source: City of San Mateo Planning Division, 2022
The city block sits adjacent to three other blocks to the north and west which are also zoned as CBD/R. Properties zoned CBD/S (Central Business District Support) are situated to the east of the project site. South of the project site are R6-D (Multiple Family Dwellings Downtown) and C1 (Neighborhood Commercial) properties. The zoning in this area allows for high-density residential, retail, cultural, entertainment, and community service uses which generate traffic and congestion 10947 of 11211
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around the project site. Several blocks towards the east and northeast generally accommodate lower traffic-generating uses such as Multiple Family Dwellings.

Demography and Travel Trends
The travel trends described in this section are based on information from the Census Bureau for the project’s census tract (6063). Census Tracts are used to analyze population dynamics and demography on a neighborhood scale.

Demography
The project site is located within Census Tract 6063 which has a population of 4,173 people. The demographic information presented in Table 2 was collected from the 2021 American Communities Survey (ACS) and Census Reporter. The data provides information about residents’ demographics and travel behaviors.

Table 2. Demography Statistics2
Category Characteristics Amount or
Percentage
Age Under 18 19%
18 to 64 58%
65 and over 23%
Education Bachelor’s degree or higher 54.6%
Households Renter-Occupied Housing Units 51%
Number of households 1,816
Persons per household 2.2
Median household income $96,250
Race White alone 37%
Asian alone 20%
Hispanic or Latino 30%
Black or African American 3%
Mixed 10%
Languages
Spoken
Speaks English only 47.5%
Speaks a language other than English: Spanish 30.5%
Speaks a language other than English: Indo-European Languages 8.5% Speaks a language other than English: Asian and Pacific Island Languages
13%
Source: Census Reporter
2 Due to rounding segments, the total percentage may not add up to exactly 100% 10948 of 11211
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Travel Trends
As shown in Figure 2, the data from the 2021 ACS indicates that 59% of people that live within census tract 6063 drive alone to work, which is a 13% decrease in drive-alone rates from 2019.

The data also reports that 13% of the population carpool to work and 9% take public transit, while 13% work from home. Of those that commute to work, the mean travel time is 23.4 minutes, a reduction in average commute time from 2019 (27.6 minutes). Commuting patterns have been impacted by the pandemic, however, and may be in flux for some time as businesses gradually return to normal. Post-pandemic scenarios might produce new commuting patterns as more organizations implement hybrid and flexible working habits.

Figure 2. Commute Mode Split
Source: 2021 American Community Survey (ACS)
As shown in Table 3, residents in Census Tract 6063 commute to a variety of locations, with the majority commuting out of San Mateo. The City of San Francisco has the highest share of commuters (22.4%), followed by City of San Mateo (13.9%).

Table 3. Job Locations
Job Locations Count Share
San Francisco, CA 414 22.4%
San Mateo, CA 257 13.9%
Redwood City, CA 112 6.1%
Palo Alto, CA 105 5.7%
South San Francisco, CA 89 4.8%
Burlingame, CA 69 3.7%
San Jose 65 3.5%
Menlo Park 63 3.4%
San Carlos 41 2.2%
Foster City 40 2.2%
All Other Locations 595 32.2%
All Places (Cities, CDPs, etc.) 1,850 100%
Inflow/Outflow analysis of the census tract, as shown in Figure 3, depicts that 1,759 individuals commute out of the area and 7,311 people commute into the area for work daily. A total of 91 individuals both live and work inside the census tract. 10949 of 11211
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Figure 3. Inflow and Outflow
Source: U.S Census Bureau, Center for Economic Studies
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A site assessment was conducted as part of the TDM Plan development process. The site assessment included a description of the site’s geography and road network, pedestrian and bicycle infrastructure, transit services, nearby attractions, and existing TDM services. Appendix B provides more details on the site assessment.

Site Geography and Road Network
The project site is located on the city block bounded by East 4th and East 5th Avenue, South B Street, and South Railroad Avenue. As displayed in Figure 4, the site is surrounded by:
• A local street – South Railroad Avenue
• A collector street – South B Street
• Arterial streets – East 4th and 5th Avenues
South B Steet connects to 3rd Avenue which leads to J Hart Clinton Drive to the east, linking the San Mateo- Hayward Bridge to East Bay communities. South B Street also connects to 4th Avenue which connects to Highway 101, giving drivers access to San Francisco, Palo Alto, and Mountain View within 20 minutes during free flow traffic.

Two of the intersections abutting the project site connect between a collector street and an arterial street with the other two connecting between an arterial street and a local street (adjacent to the railroad). The intersections at South B Street and 4th and 5thAvenues were part of the San Mateo Existing Conditions Circulation Report. The intersections see a reasonably consistent traffic flow and maintain a “B” level of service (LOS) in both the AM and PM hours (Table 4).
2 Site Assessment
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Figure 4. Surrounding Street Network
Source: City of San Mato Public Works
Table 4. Level of Service for 5th Avenue and South B Street and 4th Avenue and South B Street Signalized Intersection Peak-Hour Levels of Service
Year 2018 Conditions
AM Peak Hour PM Peak Hour
Delay LOS Delay LOS
4th Avenue and South B
Street
11 B 11.3 B
5th Avenue and South B
Street

10.8 B 11.2 B
Source: San Mateo Existing Conditions Circulation Report (2019) Pedestrian and Bicycle Infrastructure
The site’s topography, street network, and its location in the center of Downtown San Mateo make this area conducive to pedestrian and bicycle access. The walkability website Walkscore.com gives the site a 99/100 score for walking, which they classify as “Walker’s Paradise – daily errands do not require a car.”
Current Bicycle Conditions
As shown in Figure 5, the site currently has direct access to two bike facilities. A Class II bike lane was recently installed on 5th Avenue between Railroad and B Street but has not yet been updated in the Existing Bicycle Network map:
• South B Street is currently identified as a bike route (Class III facility) along the site. • 5th Avenue is currently identified as a bike lane (Class II facility) between Railroad and B Street.
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The bike route on 5th Avenue connects to multiple bike lanes to the south, including the bike lane on South Delaware Street which extends to the southern city limit. Additionally, South B Street and 5th Avenue also connect to several bike routes leading towards the northern limits of the city and creating multiple access opportunities for cyclists.

Figure 5. Existing Bicycle Network
Source: San Mateo Bicycle Master Plan 2020
As displayed in Figure 6, 5th Avenue and South B Street are classified as “High Stress” streets in the April 2020 San Mateo Bicycle Master Plan, suggesting that only more experienced cyclists would feel comfortable biking on these streets. The streets are still in a high bicycle connectivity area, connected to both east-west and north-south bike routes, making cycling generally convenient in the area.
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Figure 6. Level of Stress
Source: San Mateo Bicycle Master Plan 2020
BikeLink operates multiple on-demand bike lockers located at nearby Caltrain stations. BikeLink allows bicyclists to securely store their bikes in lockers using a stored-value card that can be purchased online or at nearby vendors. There are 24 lockers at the Downtown San Mateo Caltrain station. Additionally, two free-to-use public bike repair stations are located within walking distance of the project site.

Planned Bicycle Projects
The 2020 Bicycle Master Plan was adopted by the City Council on April 6, 2020 and serves as a blueprint for expanding and improving the San Mateo bicycle and mobility network in the coming years. The Plan includes ten high-priority recommendations in proximity to the 5th Avenue and South B Street project site (Table 5).
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Table 5. Planned Bicycle Facility Projects
Roadway Segment Bicycle Facility Distance to
Project Site
B Street between Railroad Avenue (West) and Baldwin
Avenue
Bike Boulevard 0 miles
B Street between 5th Avenue and 16th Avenue Buffered Bike Lane 0 miles 5th Avenue between El Camino Real and B Street Bike Lane 0 miles 5th Avenue between Railroad Avenue and Delaware Street Bike Lane 0 miles Railroad Avenue (East) between Monte Diablo Avenue and
4th Avenue
Bike Boulevard 0.1 miles
Railroad Avenue (West) between 3rd Avenue and 4th Avenue Bike Boulevard 0.1 miles Railroad Avenue (West) between 4th Avenue and 5th Avenue Shared Use Path 0 miles 4th Avenue between Delaware Street and Humboldt Street Separated Bike Lane 0.2 miles Delaware Street between 5th Avenue and Concar Drive Buffered Bike Lane 0.2 miles Baldwin Avenue between San Mateo Drive and B Street Bike Lane 0.3 miles Figure 7. Proposed Bicycle Network
Source: City of San Mateo, Interactive Proposed Bicycle Network Map 10955 of 11211
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Transit Services
The project site is located 0.3 miles from the Downtown San Mateo Caltrain station. The project site is also served by five San Mateo County Transit District (SamTrans) bus routes.

Caltrain
Caltrain connects the project site to San Francisco to the north as well as San Jose and Gilroy to the south. The project site is near the Downtown San Mateo station, which can be accessed via bike, walking, transit, and car (Table 6).

Table 6. Caltrain Service at Downtown San Mateo Station Category Downtown San Mateo Station
Frequency Up to four trains per hour (104 trains per weekday); times vary Travel distance 0.3 miles from project site
• Seven minutes walking
• Three minutes by bike or car
Amenities • Accessibility:
– Wheelchair Accessible
– Two wheeled devices and service animals permitted
• Bike racks
• San Mateo BikeLink lockers
• Park and Ride
Cost Depending on travel distance within and across zones, fares include:
• One Way (Ticket Machine): $3.75 - $15.00
• One Way (Clipper Card): $3.20 - $14.45
• Day Pass (Ticket Machine): $7.50 - $30.00
SamTrans
There are five SamTrans bus routes accessible to the project site within a five-minute walk, which are described in Table 7. The bus stop closest to the project site can be accessed via bike, walk, and car. Each SamTrans bus is equipped with bus bike racks that hold up to three bikes. The trip cost for adults is $2.25 in cash or via mobile app, or $2.05 if a Clipper card is being used. Youth trips cost $1.10 in cash or via mobile app or $1.00 with a Clipper card.

Table 7. SamTrans Service
SamTrans
Route #
Hours of
Operation
Frequency Closest Stop Distance to
Closest Stop
Route Details
250 Daily: 6am –
11pm
30 minutes East 4th
Avenue and
Ellsworth
Avenue

0.1 miles/ twominute walk Connects to
San Mateo
College
59 School Day
Service
One morning
bus, two
afternoon
buses
East 4th
Avenue and
Ellsworth
Avenue

0.1 miles /
two-minute
walk
Connects to
Aragon High
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53/53P School Day
Service
Schedule
One morning
bus, two
afternoon
buses
South
Delaware
Street and 3rd
Avenue

0.2 miles/
four-minute
walk
Connects to
Borel School
292 Daily: 4am –
midnight
30 minutes South
Delaware
Street and 3rd
Avenue

0.2 miles/
four-minute
walk
Connects to
SFO Airport
Nearby Destinations
Key destinations near the project site include:
• Six major shopping areas within three miles of the project site that offer access to retail shops, restaurants, grocery stores, banks, pharmacies, and gyms • Over twenty childcare and preschool facilities within two miles of the project site • Over a dozen elementary and middle schools within two miles of the project site • Four parks within one mile walking distance of the project site Available TDM Services
Commute.org Incentives
Commute.org is San Mateo County’s Transportation Demand Management agency. Their resources are available to all residents and employees in the County. As such, the employees of the project site will be able to take advantage of TDM resources curated for those commuting within the County and in the surrounding areas. The Commute.org website serves as a regional clearinghouse for all transportation and commuting-related information. They also provide the following services:
• Try Transit Incentives: Commute.org provides a free ‘try transit’ program that allows individuals to request free tickets for the transit option that works best for them. • Guaranteed Ride Home (GRH): The GRH program reimburses commuters who carpool, vanpool, take transit, shuttle, bike, or walk to work or to a participating college in San Mateo County up to $60 per occurrence, up to four times per year. Program participants may use taxi, ride-hailing app, public transit, or a combination of modes to get home safely.

Commuters who use public transit as their GRH ride will be eligible to receive a $5 e-gift card bonus.
• Carpool Incentives: Commuters can earn up to $100 in e-gift card rewards when they carpool to or from San Mateo County and their carpool trips are verified through the STAR platform. • Vanpool Incentives: Commuters who live and work in San Mateo County can earn up to $100 when they vanpool to or from work. Every 10 vanpool trips to/from work offers a $25 e-gift card reward (up to 4 times per year, for a total of $100). • Bike Education: Free bike safety workshops and bike marketing materials are available to residents and commuters. These are scheduled upon request and are available to employers and other sites, including on what is ideal for the requesting party and include time for Q&A. 10957 of 11211
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• Bike Incentives: Commute.org currently provides commuters who live or work in San Mateo County with incentives worth between $25 to $100 for biking to work. To participate in the program, bike commuters must track their work commutes using the Strava app. The rides are then recorded in the STAR platform, Commute.org’s incentive delivery platform, where commuters can access their incentives.
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This chapter lists the TDM strategies for the project that have been selected for implementation based on the project’s size, location, and land use. Each TDM measure is accompanied by guidance on implementation, cost estimates, expected timelines, and the anticipated responsible party. It is expected that the property management team will be the ‘responsible party’ for most TDM measures outlined below.

Regulatory Context
Projects located within the City of San Mateo may be subject to C/CAG TDM requirements, or both the City of San Mateo TDM requirements and C/CAG’s, depending on the project’s location (City) and whether it is anticipated to generate a significant number of VMT (vehicle miles travelled) (City) or average daily trips (C/CAG). Thus, the project scale and context inform which requirements are applicable, which TDM measures are selected to meet the requirements, and how the TDM measures are counted towards meeting the requirements.

This section describes the requirements applicable to this project.

C/CAG TDM Policy
As of January 1, 2022, the C/CAG TDM Policy requires that local jurisdictions in San Mateo County notify C/CAG of any new development within their purview that is estimated to generate at least 100 average daily trips (ADT). Applicants are required to submit a TDM Checklist alongside their development application acknowledging that their projects will achieve a specified target trip reduction based on the planned land use and project scale.

C/CAG’s checklists contain TDM strategies that are each weighted by an estimated percentage reduction. The TDM strategies are organized by a set of “Required Strategies” that apply to all projects using the checklist, and a set of “Additional Recommended Strategies.” The applicant chooses which “Additional Recommended Strategies” to commit to such that the total percentage reduction of all the TDM strategies (Required plus Additional) meets or exceeds the specified target trip reduction.

Based on the C/CAG guidelines, the project would exceed the threshold of 100 ADT and is required to comply with the C/CAG TDM policy. Due to the project’s proximity to high-quality transit, the project qualifies as a TOD project and will be required to demonstrate a 25% trip reduction through TDM measures contained in the Non-Residential (Office, Industrial, Institutional) Land Use: Large Project checklist.
3 Project TDM Measures
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Project TDM Measures Summary
Table 8 summarizes the measures the project is utilizing to meet its 25% trip C/CAG reduction requirement, while Figure 8 provides the completed C/CAG TDM checklist worksheet.

Table 8. Project TDM Measures
Measure Included in C/CAG Trip reduction (%)
Free/Preferential Parking for
Carpools
TDM Plan 1%
TDM Coordinator/Contact Person TDM Plan 0.5%
Actively Participate in
Commute.org or TMA Equivalent
TDM Plan 6.5%
Carpool/Vanpool Program TDM Plan 2%
Transit or Ridesharing
Passes/Subsidies
TDM Plan 10%
Pre-Tax Transportation Benefits TDM Plan 1%
Secure Bicycle Storage Site Plan - Secure bicycle storage is required per City of San Mateo Zoning code section 27.64.262 and is
included in the applicant’s site plan. As such, it is not factored into the TDM ROI calculations for this TDM
Plan.
1%
Design Streets to Encourage
Bike/Ped Access
Site Plan - Supporting active transportation
improvements is required by San Mateo General Plan
Policies: C 4.5 (Pedestrian Enhancements with New
Development), C 4.9 (Pedestrian and Bicycle
Connections), UD 2.9 (Pedestrian Oriented Design),
and is addressed through the applicant’s site plan. As
such, it is not factored into the TDM ROI calculations
for this TDM Plan.
1%
Showers, Lockers, and Changing
Rooms for Cyclists
Site Plan – these amenities serve as end of trip
facilities for employees arriving by bike or other active transportation forms and are included in the project
site plan. As such, it is not factored into the TDM ROI calculations for this TDM Plan.
2%
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Figure 8. Estimated C/CAG trip reduction
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Project TDM Measures—C/CAG “Required” Measures
The following sections describe the measures included in the TDM Plan for 445 South B Street. For each measure that is not already incorporated in the project’s site plan, the TDM Plan provides implementation guidance as well as the estimated daily VMT reduction and vehicle trip reduction, per calculations utilizing the TDM ROI Calculator (refer to Chapter 4). Of note, these estimates often differ from the projected trip reduction estimates from the C/CAG checklist. 10962 of 11211
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Free/Preferential Parking for Carpools (C/CAG “Required” Strategy M1) Reserving space for carpools encourages shared travel by ensuring those riders are able to find guaranteed parking easily. If signed in a manner that stands out, it may also generate interest in carpooling and vanpooling from solo drivers.

Implementation Guidelines
Designate on-site spaces for employees who carpool to their worksites. The spaces should be located close to an entrance, and demarcated spaces with signage and/or paint, in line with other signage within the parking facility. While it is not required that property management undertake strong enforcement efforts such as monitoring the spaces on a daily basis and ticketing or towing non-compliant vehicles, they should be prepared to remind employees who drive alone that the spaces are reserved for higher occupancy vehicles.

Estimated timeframe Ongoing
Estimated cost $1,000 for sign fabrication
Responsible party Property Management
Estimated daily VMT reduced
(ROI Calculator)
730 - 811
Estimated C/CAG trip
reduction percentage
1%
TDM Coordinator/Contact Person (C/CAG “Required” Strategy M3) An on-site TDM coordinator would act as a liaison between the developer, City, and employees.

The TDM coordinator would help develop, implement, and report on the various TDM strategies.

This person would be responsible for coordinating and marketing the selected TDM strategies as well as maintaining working relationships with the City and nearby developments.

Implementation Guidelines
Assign the role of TDM Coordinator to an individual on the property management team to plan and implement the TDM program. Allocate approximately 10 hours per month for the TDM Coordinator to spend on the following activities:
• Annual Monitoring: Survey the employees and compile a monitoring report for submission to the City of San Mateo annually.
• Communications: A communication plan outlines transportation information for the site and for upcoming projects. This can include creating printed communications, social media, email, and newsletters.
• Commute Assistance: Provide route planning and transit itineraries for employees who wish to explore their transportation options.
• TDM Program Coordination and Outreach: Organize and promote sustainable travel options through building communications such as emails, bulletin boards, and social media. Specific tasks include:
– Organize and promote the trip reduction and air quality strategies detailed in the following sections.
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– Organize and promote campaigns and challenges that encourage trip reduction – Promote the sustainable transportation options available to employees.

Estimated time frame Ongoing
Estimated cost $4,000 per year
Responsible party Property Management
Estimated daily VMT reduced
(ROI Calculator)
152 - 304
Estimated C/CAG trip
reduction percentage

0.5%
Actively Participate in Commute.org or Equivalent (C/CAG “Required” Strategy M4) C/CAG requires that the 445 South B Street project actively participate in Commute.org or a TMA equivalent. Commute.org’s Certified Development Program provides developers with projects in San Mateo County with a formal certification of their active participation in Commute.org programs and services. The goal of the program is to give developers access to a set of TDM programs and services that can be integrated into other TDM strategies at their new developments in San Mateo County.

Implementation Guidelines
Development projects will be considered active participants with Commute.org if they comply with the requirements below:
• Provide a copy of the Final TDM Plan approved by the local jurisdiction • Provide a copy of the Final TDM Checklist or similar TDM requirements list approved by C/CAG or the local jurisdiction
• During the development phase:
– Maintain an active point of contact
– Receive communications from Commute.org
– Inform Commute.org of any significant development changes (e.g., land use, project size, TDM Plan, development timeline/occupancy date, ownership) • During the post-development phase:
– Maintain an active point of contact
– Receive communications from Commute.org
– Identify the party(ies) responsible for complying with the ongoing requirements (e.g., developer, property manager, third-party consultant, key tenant) – Responsible party is required to:
• Attend annual Commute.org program training
• Actively promote applicable Commute.org programs and services to tenants • Host an annual transportation-oriented event for tenants • Sponsor and/or participate in Commute.org’s challenges and special events • Participate in a Commute.org sponsored shuttle if the project is located on or near an existing shuttle route
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• Comply with the requirements of the Bay Area Commuter Benefits Program (applies to tenants with 50+ employees)
• Complete the following surveys on an ongoing basis:
o TDM Survey: annual update of Commute.org TDM Survey confirming programs and services offered at the development
o TDM Self-Certification: biennial confirmation of compliance with the C/CAG TDM Policy
o Tenant Travel Behavior Survey: biennial survey of tenants’ employees to capture commute mode and frequency
In the event that a TMA is developed in the Downtown San Mateo area, it is recommended that the site participate as a member.

Estimated time frame Annual
Estimated cost $0
Responsible party Property Management
Estimated daily VMT reduced
(ROI Calculator)
199 - 882
Estimated C/CAG trip
reduction percentage

6.5%
Carpool and Vanpool Program (C/CAG “Required” Strategy M5) Helping facilitate the formation of new carpools or vanpools helps interested commuters overcome the hurdle of either not knowing who they can match with or not having time to meet other commuters.

Implementation Guidelines
The project’s TDM coordinator should serve as a facilitator of new carpools and vanpools.

Commuters to or from the site should be able to express their interest in forming or joining a carpool or vanpool by providing the coordinator with information including their commute’s route, times, and their interest in participating as driver or passenger. When feasible matches are available, the TDM coordinator can connect interested commuters to each other. The TDM coordinator can also help carpools register on Commute.org if they are seeking to establish carpools from outside of the site itself.

Estimated timeframe Ongoing
Estimated cost $0
Responsible party Property Management
Estimated daily VMT reduced
(ROI Calculator)
1,446 – 1,607
Estimated C/CAG trip
reduction percentage
2%
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Transit Subsidies (GOPass and Way2GO Pass Provision) (C/CAG “Required” Strategy M6) Providing subsidized transit passes can help reduce single occupancy trips and increase transit ridership. It also provides increased flexibility for those who might still opt to drive occasionally.

Implementation Guidelines
Partner with Caltrain and SamTrans to provide free or discounted transit options to employees through the GO Pass and Way2Go Pass programs.

Estimated time frame Pre-occupancy (during the drafting of lease agreements), and ongoing.

Estimated cost GO Pass: Approximately $342 per employee working at least 20 hours per week
Way2GO Pass: $75 per employee
Based on an estimate of 378 employees the cost estimate is $157,626 annually
Responsible party Property Management
Estimated daily VMT reduced
(ROI Calculator)
1,757 – 1,953
Estimated C/CAG trip
reduction percentage
10%
Pre-Tax Transportation Benefits (C/CAG “Required” Strategy M7) Pre-tax commute benefits encourage public transit and active transportation trips by allowing commuters to further save on the cost of commuting.

Implementation Guidelines:

As pre-tax benefits are provided by employers, tenants will need to be informed of this TDM requirement. The TDM coordinator can help tenants by providing a list of vendors offering pre-tax benefit management. Additionally, employers of 50+ employees must implement pre-tax benefits per the Bay Area Air Quality Management District’s requirements.

Estimated time frame Ongoing
Estimated cost $0
Responsible party Tenants
Estimated daily VMT reduced
(ROI Calculator)
504 - 560
Estimated C/CAG trip
reduction percentage
1%
Secure Bicycle Storage (C/CAG “Required” Strategy M8)
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pedestrian accessible locations, ideally with protection from weather elements, can incentivize cycling.

Implementation Guidelines
Secure bicycle storage is required per City of San Mateo Zoning code section 27.64.262 and is included in the applicant’s Project Plans.

Estimated C/CAG trip
reduction percentage
1%
Design Streets to Encourage Bike/Ped Access (C/CAG “Required” Strategy M9) The design of streets and roadways adjacent to the property can influence travel choices, thus designing complete streets that give people the option to bike safely and walk can contribute to reducing vehicle trips as well as reduce traffic congestion.

Implementation Guidelines
Supporting active transportation improvements is required by San Mateo General Plan Policies: C

4.5 (Pedestrian Enhancements with New Development), C 4.9 (Pedestrian and Bicycle Connections), UD 2.9 (Pedestrian Oriented Design), and is addressed through the applicant’s Project Plans.

Estimated C/CAG trip
reduction percentage
1%
Showers, Lockers, and Changing Rooms for Cyclists (C/CAG “Required” Strategy M25) Active transportation trips (walking, running, biking, etc.) can be encouraged by providing supporting end-of-trip facilities such as showers, lockers, and changing rooms.

Implementation Guidance
Access to these facilities should be well advertised to tenant employees to ensure their use. To manage and track use of facilities, access could require pre-registration and have controlled entry.

Estimated C/CAG trip
reduction percentage
2%
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If implemented correctly and consistently, the TDM program outlined in Chapter 3 will achieve a trip reduction target of 25% according to the C/CAG requirements and worksheet.

Beyond the C/CAG checklist, which provides flat percentage reduction estimates for each strategy, this TDM Plan utilizes the TDM Return on Investment (ROI) Calculator, a tool owned by Mobility Lab and developed by university and governmental partners. The TDM ROI Calculator helps practitioners and policy makers understand the benefits of their investment in TDM strategies and programs by calculating estimated vehicle trips, VMT, hours of congestion delay, and emissions reduced, with more specific consideration given to number of expected users, daily trips taken, and average trip distances for each strategy. Based on the TDM ROI Calculator, the proposed TDM program is forecasted to result in a daily reduction of between 4,788 to 6,117 vehicle miles travelled (VMT), which would lead to a reduction of approximately 1,638 to 2,093 kilograms of carbon dioxide every day according to the ROI calculator model. More information about the TDM ROI Calculator and assumptions made to calculate estimated impacts are included in Appendix A.

Program Impacts
Table 9 outlines the total estimated VMT and congestion hours reduced with the recommended TDM program for the project site.

Table 9. ROI Calculator Estimated VMT and Congestion Hours Reduced 445 S B St Annual VMT
Reduced
Annual Vehicle
Trips Reduced
Annual Congestion
Reduced (hours of
delay)
Carbon Dioxide
Reduced (kg)
Low Est. High Est. Low Est. High Est. Low Est. High Est. Low Est. High Est.

Project
TDM
Measures
1,182,636 1,510,899 62,491 83,486 170,924 216,866 404,586 516,971 4 Impact of TDM Measures
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Table 10 summarizes the daily VMT, vehicle trips, and congestion reduction for each of the TDM strategies.

Table 10. ROI Calculator summary of daily trip reductions Strategy Daily VMT Reduced Daily Vehicle
Trips Reduced
Daily Congestion
Reduced (hours
of delay)
Daily Carbon Dioxide
Reduced (kg)
Low Est. High Est. Low
Est.

High
Est.

Low
Est.

High
Est.

Low
Est.

High Est.

Free/Preferential
Parking for
Carpools
730 811 19 21 117 130 250 277
TDM Coordinator/
Contact Person 152 304 9 18 24 49 52 104
Commute.org or
TMA 199 882 14 64 26 115 68 302
Carpool and
Vanpool Program 1,446 1,607 37 41 231 257 495 550
Transit or
Ridesharing
Passes/Subsidies
(GoPass and
Way2Go Pass
Provision)
1,757 1,953 143 159 228 254 601 668
Pre-Tax
Transportation
Benefit
504 560 31 35 66 73 172 192
Secure Bicycle
Storage
Provision of secure bicycle storage is included in the project site plan and therefore it has not been modeled in the TDM ROI Calculator.

Design Streets to
Encourage
Bike/Ped Access
Design of streets to encourage bike/pedestrian access is included in the project site plan and therefore it has not been modeled in the TDM ROI Calculator.

Showers, Lockers,
and Changing
Rooms for Cyclists
Showers, lockers and changing rooms for cyclists are included in the project site plan and therefore it has not been modeled in the TDM ROI Calculator.
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The City of San Mateo will require the site to perform annual monitoring and reporting. Ongoing monitoring will help the property track the impact of its TDM programs, as well as provide a regular schedule for evaluating programming and identifying gaps and opportunities. The results will help the property management team adjust programs to better meet the needs of the employees.

The City of San Mateo’s general conditions for approval stipulate that all new developments must submit a Trip Reduction and Parking Management Plan and submit an annual monitoring report.

Annual Survey
The City of San Mateo requires an annual letter to the Public Works Director or designee that outlines the TDM measures implemented and information from a mode split survey.

To comply with both City and C/CAG requirements, the TDM Coordinator should register with Commute.org. Commute.org will administer the complimentary biennial surveys that are required to comply with the C/CAG policy through the OneCommute Platform. On the ‘off’ years, the developer may contract directly with Commute.org to undertake an additional survey or may administer the survey themselves. If they select the latter option, it is recommended that the questions and survey language mirror the survey provided by Commute.org so the site and City are able to collect comprehensive and consistent data.

The survey results allow the property to not only track program progress but also identify ways to approach and/or adjust the program and further shift travel behavior towards more sustainable modes (transit, bike, walk, and carpool) over time. The TDM Coordinator could use the data to understand which amenities are popular and should remain, which are not effective and should be adjusted, and identify additional measures to implement in their place. 5 Monitoring
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The Transportation Demand Management (TDM) Return on Investment-(ROI) Calculator is a tool owned by Mobility Lab, an Arlington County, Virginia, funded transportation behavior and policy research center. It was developed in partnership with university and governmental partners, with funding from the Federal Highway Administration, to provide TDM program staff, transportation planners, and others involved in implementing TDM services a quantifiable way to estimate the ROI for TDM services.

According to the TDM ROI Calculator User Manual, the model calculates impacts for individual TDM services then combines the individual impacts, with discounts to account for overlap between services, to determine the cumulative impact of all services.3 The calculator performs the following functions:
• Estimates TDM travel impacts, defined as reductions in commute vehicle trips and vehicle miles travelled (VMT), from a user-defined package of TDM services • Converts vehicle trip and VMT reductions into societal benefits, such as reduction in hours of travel time delay and gallons of gasoline saved
• Calculates the societal cost savings from each benefit and the overall cost saving from all benefits combined
• Compares the societal cost saving to the TDM program "investment" cost to estimate ROI As most TDM programs do not have detailed VMT and trip reduction data, the ROI Calculator instead asks for user participation numbers and program costs as the inputs for its calculations.

The model then uses four calculation factors derived from TDM service user surveys along with pre-set regional inputs and national environmental data to estimate the number of participants who will shift behavior and the number of daily vehicle trips, VMT, and hours of congestion that their behavior shift will reduce. If more detailed regional and national data are known, they can be input to override the pre-set data used for calculation.

The inputs used for calculating the VMT and vehicle trip reductions for the 455 South B St TDM Plan are outlined on the following pages so that the results can be duplicated with ease. 3 Mobility Lab. (2019). TDM ROI Calculator User Manual. Retrieved from https://mobilitylab.org/calculators/
A TDM ROI Calculator
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At the outset in Section A (Your Region, Service Area Type and Transit Availability), the TDM ROI Calculator asks users to make a series of selections to determine geographic and transit characteristics of the area being examined. The options selected for the 455 South B St TDM Plan are displayed in Table A.1 as follows:

Table A.1. Selections made for region, service area type and transit availability Question in the ROI Calculator Option Selected for the TDM Plan Metropolitan Region San Francisco-Oakland-Hayward, CA
Primary land use density and development pattern Moderate density, urban or small city/town Primary focus of TDM Program outreach Balanced mix of outreach to commuters at worksites and residential areas
Percentage of commuters within ½ mile of
bus/train stop in service area
76% to 100% of commuters are within 1/2 mile of a
bus or train stop
Average public transit frequency in the service area
in the morning peak period (select ONLY ONE
option)
Moderate-Average rush hour frequency for most
routes is 16-30 minutes
With the above inputs selected, the model determines the classifications for the project site as follows in Table A.2.

Table A.2. Project site TDM service area and transit availability classifications Your TDM Service Area classification is: Suburban/small city Your Transit Availability classification is High transit Regional Travel, Environmental and Cost Benefit Factors The final section of the ROI Calculator (Section F - Additional Regional/Service Area Data Environmental Inputs) shows the default numbers used for regional travel, environmental and cost benefit factors. Users have the option to override these defaults by inputting values into the “User Defined” cells if specific local factors are known. Table A.3 shows the defaults assumed by the model and indicates if the defaults were overridden, and which values were used. The inputs defined in Table A.3 remained the same for all calculations for the 455 South B St TDM Plan. 10972 of 11211
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Table A.3. Travel, vehicle pollutant emission, and benefit cost factor default and user defined values Regional Travel Factors Regional
Default
User
Defined
Average home-to-work commute miles for the region (one-way distance) 9.6 13.94 Percentage of regional commuters who drive alone to work OR percentage of weekly commute trips made by driving alone

63.2% 59%5
Percentage of regional commuters who ride public transit to work OR percentage of weekly commute trips made by transit

17.6% 9.1%6
Regional Vehicle Pollutant Emission Factors National
Default
User
Defined
Oxides of Nitrogen (NOx) emission rate in grams per mile of travel 0.445 0.171 Volatile Organic Compounds (VOC) emission rate in grams per mile of travel 0.075 0.0357 Greenhouse gas (Carbon Dioxide Equivalent) emission rate in grams per mile of travel
387.460 342.0008
Regional Benefit Cost Factors Regional
Default
User
Defined
Median average wage rate for commuters in the service area or metropolitan region
$24.90 $49.719
Estimated average annualized cost to build/maintain one lane-mile of major roadway (combination of Interstate and limited access roadway) $165,000 -
Average pump price per gallon for regular unleaded gasoline $3.36 $4.5710 4 San Mateo Economic Development Association (2012). Labor Supply and Commute Patterns in San Mateo County Report. Retrieved from http://www.bayareaeconomy.org/files/pdf/BACEI_Labor_Mobility_110612.pdf 5 U.S. Census Bureau (2021). American Community Survey 5-year estimates. Retrieved from Census Reporter Profile page for Census Tract 6063, San Mateo, CA http://censusreporter.org/profiles/14000US06081606300-census-tract6063-san-mateo-ca/ 6 Ibid.
7 California Air Resources Board Emissions Factors (EMFAC) database 8 Ibid.
9 San Mateo Economic Development Association (2012). Labor Supply and Commute Patterns in San Mateo County Report. Retrieved from http://www.bayareaeconomy.org/files/pdf/BACEI_Labor_Mobility_110612.pdf 10 AAA. (2022). AAA Gas Prices. Retrieved from https://gasprices.aaa.com/?state=CA 10973 of 11211
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Assumptions
ROI Calculator Participation and Calculation Factors Assumptions In order to use the ROI calculator to calculate estimated impacts for the 455 South B St project, assumptions were made to estimate the participation rate for each strategy. Additionally, if a strategy was not outlined as a direct input in the model, assumptions were made to estimate the calculation factors associated with it. Table A.5 outlines those assumptions. 10974 of 11211
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Table A.5. Summary of Assumptions for each Strategy
Strategy ROI Calc Input
Participation
Assumption
(per year)
Basis for Participation Assumption
Placement
rate (%)
Assumption
Vehicle Trip
Reduction
Factor
Assumption
One-Way
Commute
Distance
Assumption
(miles)
Drive-Alone Access
% Assumption
Free/Preferential
Parking for Carpools
Vanpool
Formation
52 50% of (existing carpool population +
additional 5% of drive alone
commuters), given complementary
nature of the two measures and aligned
with relative impact scale of C/CAG
estimated trip reduction for the two
measures (i.e., 1% trip reduction for
Free/Preferential parking for carpools
and 2% for Carpool or Vanpool
program)
100%
Pre-set in
model

1.4 Pre-set in model

41.7 Pre-set in
model
90%
Pre-set in model
TDM Coordinator/
Contact Person
Comprehensive
Commute
Assistance
128 Assist 20% of employees with questions
about transportation including one-onone assistance when asked and promoting sustainable transportation
options (5 hours/month)
45%
Pre-set in
model

0.6 Pre-set in model

20.9 Pre-set in
model
70%
Pre-set in model
Actively Participate
in Commute.org
Employer
Services
639 The resources available through the
Commute.org will be available to all
employees at the worksite
12%
Pre-set in
model

0.8 Pre-set in model

13.9 Pre-set in
model
40%
Pre-set in model
Vanpool and
Carpool Program
Vanpool
Formation
103 Existing carpool population + additional
5% of drive alone commuters
100%
Pre-set in
model

1.4 Pre-set in model

41.7 Pre-set in
model
90%
Pre-set in model
Transit
Passes/Subsidies
Ongoing transit
incentive
378 % of transit users + 50% of commuters
(employees)
50%
Pre-set in
model

1.2 Pre-set in model

10.4 Pre-set in
model
70%
Pre-set in model
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Pre-Tax
Transportation
Benefit
Ongoing multimodal incentive58 All employees that use transit or bike only
50%
Pre-set in
model

0.8 Pre-set in model

20.9 Pre-set in
model
50%
Pre-set in model
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B Background Assessment
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Control Information
Prepared by Prepared for
Steer
800 Wilshire Blvd, Suite 1320,
Los Angeles, CA 90017
USA
+1 (213) 425 0990
www.steergroup.com
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
Steer project/proposal number Client contract/project number 24542801 Click here to enter text.

Author/originator Reviewer/approver
Ana Erviti Ferrando Julia Wean, Gary Hsueh
Other contributors Distribution
Olivia Mendoza, Lenya Schmidt Neuhaus, Richard Davis, Nathalie McCarvel
Client: Steer:

Version control/issue number Date
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steergroup.com
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TDM Plan
August 2024
445 South B Street TDM Plan -
Commercial
City of San Mateo
24542801

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Steer has prepared this material for City of San Mateo. This material may only be used within the context and scope for which Steer has prepared it and may not be relied upon in part or whole by any third party or be used for any other purpose. Any person choosing to use any part of this material without the express and written permission of Steer shall be deemed to confirm their agreement to indemnify Steer for all loss or damage resulting therefrom. Steer has prepared this material using professional practices and procedures using information available to it at the time and as such any new information could alter the validity of the results and conclusions made.

TDM Plan
August 2024
445 South B Street TDM Plan -
Commercial
Prepared by: Prepared for:

Steer
800 Wilshire Blvd, Suite 1320,
Los Angeles, CA 90017
USA
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
+1 (213) 425 0990
www.steergroup.com
Click here to enter text.
24542801
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Steer has prepared this material for City of San Mateo. This material may only be used within the context and scope for which Steer has prepared it and may not be relied upon in part or whole by any third party or be used for any other purpose. Any person choosing to use any part of this material without the express and written permission of Steer shall be deemed to confirm their agreement to indemnify Steer for all loss or damage resulting therefrom. Steer has prepared this material using professional practices and procedures using information available to it at the time and as such any new information could alter the validity of the results and conclusions made. 10984 of 11211
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Contents
1 Introduction ......................................................................................................................2 Project Description ...................................................................................................................2 Demography and Travel Trends ...............................................................................................4 2 Site Assessment.................................................................................................................7 Site Geography and Road Network ..........................................................................................7 Pedestrian and Bicycle Infrastructure ......................................................................................8 Transit Services.......................................................................................................................12 Nearby Destinations ...............................................................................................................13 Available TDM Services...........................................................................................................13 3 Project TDM Measures ....................................................................................................15 Regulatory Context.................................................................................................................15 Project TDM Measures Summary...........................................................................................15 Project TDM Measures—C/CAG “Required” Measures .........................................................18 4 Impact of TDM Measures.................................................................................................24 Program Impacts ....................................................................................................................24 5 Monitoring ......................................................................................................................26 Annual Survey.........................................................................................................................26 Figures
Figure 1. Zoning Map ..........................................................................................................................3 Figure 2. Commute Mode Split..........................................................................................................5 Figure 3. Inflow and Outflow.............................................................................................................6 Figure 4. Surrounding Street Network...............................................................................................7 Figure 5. Existing Bicycle Network.....................................................................................................9 Figure 6. Level of Stress....................................................................................................................10 Figure 7. Proposed Bicycle Network................................................................................................11 Figure 7. Estimated C/CAG trip reduction .......................................................................................17 10985 of 11211
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Tables
Table 1. Proposed Project Attributes..................................................................................................3 Table 2. Demography Statistics...........................................................................................................4 Table 3. Job Locations.........................................................................................................................5 Table 4. Level of Service for 5th Avenue and South B Street and 4th Avenue and South B Street ....8 Table 5. Planned Bicycle Facility Projects .........................................................................................11 Table 6. Caltrain Service at Downtown San Mateo Station ..............................................................12 Table 7. SamTrans Service ................................................................................................................12 Table 8. Project TDM Measures........................................................................................................16 Table 9. ROI Calculator Estimated VMT and Congestion Hours Reduced.........................................24 Table 10. ROI Calculator summary of daily trip reductions ..............................................................25 Appendices
A TDM ROI Calculator
B Background Assessment
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A Transportation Demand Management (TDM) Plan is a long-term management strategy for an organization or site that seeks to deliver sustainable transportation objectives. It is articulated in a document that is regularly reviewed by the implementing organization. It identifies an appropriate package of measures aimed at promoting sustainable travel, with an emphasis on reducing reliance on single occupancy vehicle (SOV) trips and vehicle miles traveled (VMT). It can also assist in meeting other objectives, such as increasing and reducing congestion, greenhouse gases, and noise.

This TDM Plan was produced on behalf of the City of San Mateo (City) for the 445 South B Street project site.

Project Description
The project site is located in the city’s Downtown Retail Core, bounded by East 4th and 5th Avenues, South B Street and South Railroad Avenue. The project includes1:
• A six-story 168,001 square foot retail/restaurant and office building, • 140 vehicle parking spaces on-site
– 103 commercial parking spaces
– 28 for commercial uses
• 162 bicycle parking stalls (22 short-term and 140 long-term) – 22 short-term stalls
– 140 long-term stalls
• A combination of on- and off-site improvements including ground-level and terrace landscaping,
• A corner retail plaza, and
• Improvements in the public right-of-way area.
1 City of San Mateo. (n.d.). Bespoke (445 South B Street). Retrieved from https://www.cityofsanmateo.org/4703/Bespoke-445- South-B-Street 1 Introduction
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Table 1 provides a comparative summary between the current and proposed site development.

Table 1. Proposed Project Attributes
Existing Proposed
Description Four commercial buildings &
One surface parking lot
Six-story commercial building
Square Footage 45,701 sq. ft. gross building area 168,001 sq. ft. commercial building area (including 153,138 sq. ft. of office area, 13,253 sq.
ft. of retail/restaurant area and 1,610 sq. ft. of
lobby area)
Zoning
Designation
CBD/R – Central Business
District
CBD/R – Central Business District
Source: 445 South B Street "Bespoke" Project Plans, dated October 10, 2023 Zoning
The site is zoned CBD/R (Central Business District, Residential Overlay District – Mixed Use) as shown in Figure 1.

Figure 1. Zoning Map
Source: City of San Mateo Planning Division, 2022
The city block sits adjacent to three other blocks to the north and west which are also zoned as CBD/R. Properties zoned CBD/S (Central Business District Support) are situated to the east of the project site. South of the project site are R6-D (Multiple Family Dwellings Downtown) and C1 (Neighborhood Commercial) properties. The zoning in this area allows for high-density residential, retail, cultural, entertainment, and community service uses which generate traffic and congestion 10991 of 11211
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around the project site. Several blocks towards the east and northeast generally accommodate lower traffic-generating uses such as Multiple Family Dwellings.

Demography and Travel Trends
The travel trends described in this section are based on information from the Census Bureau for the project’s census tract (6063). Census Tracts are used to analyze population dynamics and demography on a neighborhood scale.

Demography
The project site is located within Census Tract 6063 which has a population of 4,173 people. The demographic information presented in Table 2 was collected from the 2021 American Communities Survey (ACS) and Census Reporter. The data provides information about residents’ demographics and travel behaviors.

Table 2. Demography Statistics3
Category Characteristics Amount or
Percentage
Under 18 19%
18 to 64 58%
Age
65 and over 23%
Education Bachelor’s degree or higher 54.6%
Renter-Occupied Housing Units 51%
Number of households 1,816
Persons per household 2.2
Households
Median household income $96,250
White alone 37%
Asian alone 20%
Hispanic or Latino 30%
Black or African American 3%
Race
Mixed 10%
Speaks English only 47.5%
Speaks a language other than English: Spanish 30.5%
Speaks a language other than English: Indo-European Languages 8.5% Languages
Spoken
Speaks a language other than English: Asian and Pacific Island Languages
13%
Source: Census Reporter
3 Due to rounding segments, the total percentage may not add up to exactly 100% 10992 of 11211
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Travel Trends
As shown in Figure 2, the data from the 2021 ACS indicates that 59% of people that live within census tract 6063 drive alone to work, which is a 13% decrease in drive-alone rates from 2019.

The data also reports that 13% of the population carpool to work and 9% take public transit, while 13% work from home. Of those that commute to work, the mean travel time is 23.4 minutes, a reduction in average commute time from 2019 (27.6 minutes). Commuting patterns have been impacted by the pandemic, however, and may be in flux for some time as businesses gradually return to normal. Post-pandemic scenarios might produce new commuting patterns as more organizations implement hybrid and flexible working habits.

Figure 2. Commute Mode Split
Source: 2021 American Community Survey (ACS)
As shown in Table 3, residents in Census Tract 6063 commute to a variety of locations, with the majority commuting out of San Mateo. The City of San Francisco has the highest share of commuters (22.4%), followed by City of San Mateo (13.9%).

Table 3. Job Locations
Job Locations Count Share
San Francisco, CA 414 22.4%
San Mateo, CA 257 13.9%
Redwood City, CA 112 6.1%
Palo Alto, CA 105 5.7%
South San Francisco, CA 89 4.8%
Burlingame, CA 69 3.7%
San Jose 65 3.5%
Menlo Park 63 3.4%
San Carlos 41 2.2%
Foster City 40 2.2%
All Other Locations 595 32.2%
All Places (Cities, CDPs, etc.) 1,850 100%
Inflow/Outflow analysis of the census tract, as shown in Figure 3, depicts that 1,759 individuals commute out of the area and 7,311 people commute into the area for work daily. A total of 91 individuals both live and work inside the census tract. 10993 of 11211
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Figure 3. Inflow and Outflow
Source: U.S Census Bureau, Center for Economic Studies
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A site assessment was conducted as part of the TDM Plan development process. The site assessment included a description of the site’s geography and road network, pedestrian and bicycle infrastructure, transit services, nearby attractions, and existing TDM services. Appendix B provides more details on the site assessment.

Site Geography and Road Network
The project site is located on the city block bounded by East 4th and East 5th Avenue, South B Street, and South Railroad Avenue. As displayed in Figure 4, the site is surrounded by:
• A local street – South Railroad Avenue
• A collector street – South B Street
• Arterial streets – East 4th and 5th Avenues
South B Steet connects to 3rd Avenue which leads to J Hart Clinton Drive to the east, linking the San Mateo- Hayward Bridge to East Bay communities. South B Street also connects to 4th Avenue which connects to Highway 101, giving drivers access to San Francisco, Palo Alto, and Mountain View within 20 minutes during free flow traffic.

Two of the intersections abutting the project site connect between a collector street and an arterial street with the other two connecting between an arterial street and a local street (adjacent to the railroad). The intersections at South B Street and 4th and 5thAvenues were part of the San Mateo Existing Conditions Circulation Report. The intersections see a reasonably consistent traffic flow and maintain a “B” level of service (LOS) in both the AM and PM hours (Table 4).

Figure 4. Surrounding Street Network
2 Site Assessment
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Source: City of San Mato Public Works
Table 4. Level of Service for 5th Avenue and South B Street and 4th Avenue and South B Street Signalized Intersection Peak-Hour Levels of Service
Year 2018 Conditions
AM Peak Hour PM Peak Hour
Delay LOS Delay LOS
4th Avenue and South B
Street
11 B 11.3 B
5th Avenue and South B
Street

10.8 B 11.2 B
Source: San Mateo Existing Conditions Circulation Report (2019) Pedestrian and Bicycle Infrastructure
The site’s topography, street network, and its location in the center of Downtown San Mateo make this area conducive to pedestrian and bicycle access. The walkability website Walkscore.com gives the site a 99/100 score for walking, which they classify as “Walker’s Paradise – daily errands do not require a car.”
Current Bicycle Conditions
As shown in Figure 5, the site currently has direct access to two bike facilities. A Class II bike lane was recently installed on 5th Avenue between Railroad and B Street but has not yet been updated in the Existing Bicycle Network map:
• South B Street is currently identified as a bike route (Class III facility) along the site. • 5th Avenue is currently identified as a bike lane (Class II facility) between Railroad and B Street.

The bike route on 5th Avenue connects to multiple bike lanes to the south, including the bike lane on South Delaware Street which extends to the southern city limit. Additionally, South B Street and 5th Avenue also connect to several bike routes leading towards the northern limits of the city and creating multiple access opportunities for cyclists. 10996 of 11211
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Figure 5. Existing Bicycle Network
Source: San Mateo Bicycle Master Plan 2020
As displayed in Figure 6, 5th Avenue and South B Street are classified as “High Stress” streets in the April 2020 San Mateo Bicycle Master Plan, suggesting that only more experienced cyclists would feel comfortable biking on these streets. The streets are still in a high bicycle connectivity area, connected to both east-west and north-south bike routes, making cycling generally convenient in the area.
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Figure 6. Level of Stress
Source: San Mateo Bicycle Master Plan 2020
BikeLink operates multiple on-demand bike lockers located at nearby Caltrain stations. BikeLink allows bicyclists to securely store their bikes in lockers using a stored-value card that can be purchased online or at nearby vendors. There are 24 lockers at the Downtown San Mateo Caltrain station. Additionally, two free-to-use public bike repair stations are located within walking distance of the project site.

Planned Bicycle Projects
The 2020 Bicycle Master Plan was adopted by the City Council on April 6, 2020 and serves as a blueprint for expanding and improving the San Mateo bicycle and mobility network in the coming years. The Plan includes ten high-priority recommendations in proximity to the 5th Avenue and South B Street project site (Table 5).
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Table 5. Planned Bicycle Facility Projects
Roadway Segment Bicycle Facility Distance to
Project Site
B Street between Railroad Avenue (West) and Baldwin
Avenue
Bike Boulevard 0 miles
B Street between 5th Avenue and 16th Avenue Buffered Bike Lane 0 miles 5th Avenue between El Camino Real and B Street Bike Lane 0 miles 5th Avenue between Railroad Avenue and Delaware Street Bike Lane 0 miles Railroad Avenue (East) between Monte Diablo Avenue and
4th Avenue
Bike Boulevard 0.1 miles
Railroad Avenue (West) between 3rd Avenue and 4th Avenue Bike Boulevard 0.1 miles Railroad Avenue (West) between 4th Avenue and 5th Avenue Shared Use Path 0 miles 4th Avenue between Delaware Street and Humboldt Street Separated Bike Lane 0.2 miles Delaware Street between 5th Avenue and Concar Drive Buffered Bike Lane 0.2 miles Baldwin Avenue between San Mateo Drive and B Street Bike Lane 0.3 miles Figure 7. Proposed Bicycle Network
Source: City of San Mateo, Interactive Proposed Bicycle Network Map 11000 of 11211
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Transit Services
The project site is located 0.3 miles from the Downtown San Mateo Caltrain station. The project site is also served by five San Mateo County Transit District (SamTrans) bus routes.

Caltrain
Caltrain connects the project site to San Francisco to the north as well as San Jose and Gilroy to the south. The project site is near the Downtown San Mateo station, which can be accessed via bike, walking, transit, and car (Table 6).

Table 6. Caltrain Service at Downtown San Mateo Station Category Downtown San Mateo Station
Frequency Up to four trains per hour (104 trains per weekday); times vary Travel distance 0.3 miles from project site
• Seven minutes walking
• Three minutes by bike or car
Amenities • Accessibility:
– Wheelchair Accessible
– Two wheeled devices and service animals permitted
• Bike racks
• San Mateo BikeLink lockers
• Park and Ride
Cost Depending on travel distance within and across zones, fares include:
• One Way (Ticket Machine): $3.75 - $15.00
• One Way (Clipper Card): $3.20 - $14.45
• Day Pass (Ticket Machine): $7.50 - $30.00
SamTrans
There are five SamTrans bus routes accessible to the project site within a five-minute walk, which are described in Table 7. The bus stop closest to the project site can be accessed via bike, walk, and car. Each SamTrans bus is equipped with bus bike racks that hold up to three bikes. The trip cost for adults is $2.25 in cash or via mobile app, or $2.05 if a Clipper card is being used. Youth trips cost $1.10 in cash or via mobile app or $1.00 with a Clipper card.

Table 7. SamTrans Service
SamTrans
Route #
Hours of
Operation
Frequency Closest Stop Distance to
Closest Stop
Route Details
250 Daily: 6am –
11pm
30 minutes East 4th
Avenue and
Ellsworth
Avenue

0.1 miles/ twominute walk Connects to
San Mateo
College
59 School Day
Service
One morning
bus, two
afternoon
buses
East 4th
Avenue and
Ellsworth
Avenue

0.1 miles /
two-minute
walk
Connects to
Aragon High
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53/53P School Day
Service
Schedule
One morning
bus, two
afternoon
buses
South
Delaware
Street and 3rd
Avenue

0.2 miles/
four-minute
walk
Connects to
Borel School
292 Daily: 4am –
midnight
30 minutes South
Delaware
Street and 3rd
Avenue

0.2 miles/
four-minute
walk
Connects to
SFO Airport
Nearby Destinations
Key destinations near the project site include:
• Six major shopping areas within three miles of the project site that offer access to retail shops, restaurants, grocery stores, banks, pharmacies, and gyms • Over twenty childcare and preschool facilities within two miles of the project site • Over a dozen elementary and middle schools within two miles of the project site • Four parks within one mile walking distance of the project site Available TDM Services
Commute.org Incentives
Commute.org is San Mateo County’s Transportation Demand Management agency. Their resources are available to all residents and employees in the County. As such, the employees of the project site will be able to take advantage of TDM resources curated for those commuting within the County and in the surrounding areas. The Commute.org website serves as a regional clearinghouse for all transportation and commuting-related information. They also provide the following services:
• Try Transit Incentives: Commute.org provides a free ‘try transit’ program that allows individuals to request free tickets for the transit option that works best for them. • Guaranteed Ride Home (GRH): The GRH program reimburses commuters who carpool, vanpool, take transit, shuttle, bike, or walk to work or to a participating college in San Mateo County up to $60 per occurrence, up to four times per year. Program participants may use taxi, ride-hailing app, public transit, or a combination of modes to get home safely.

Commuters who use public transit as their GRH ride will be eligible to receive a $5 e-gift card bonus.
• Carpool Incentives: Commuters can earn up to $100 in e-gift card rewards when they carpool to or from San Mateo County and their carpool trips are verified through the STAR platform. • Vanpool Incentives: Commuters who live and work in San Mateo County can earn up to $100 when they vanpool to or from work. Every 10 vanpool trips to/from work offers a $25 e-gift card reward (up to 4 times per year, for a total of $100). • Bike Education: Free bike safety workshops and bike marketing materials are available to residents and commuters. These are scheduled upon request and are available to employers and other sites, including on what is ideal for the requesting party and include time for Q&A. 11002 of 11211
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• Bike Incentives: Commute.org currently provides commuters who live or work in San Mateo County with incentives worth between $25 to $100 for biking to work. To participate in the program, bike commuters must track their work commutes using the Strava app. The rides are then recorded in the STAR platform, Commute.org’s incentive delivery platform, where commuters can access their incentives.
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This chapter lists the TDM strategies for the project that have been selected for implementation based on the project’s size, location, and land use. Each TDM measure is accompanied by guidance on implementation, cost estimates, expected timelines, and the anticipated responsible party. It is expected that the property management team will be the ‘responsible party’ for most TDM measures outlined below.

Regulatory Context
Projects located within the City of San Mateo may be subject to C/CAG TDM requirements, or both the City of San Mateo TDM requirements and C/CAG’s, depending on the project’s location (City) and whether it is anticipated to generate a significant number of VMT (vehicle miles travelled) (City) or average daily trips (C/CAG). Thus, the project scale and context inform which requirements are applicable, which TDM measures are selected to meet the requirements, and how the TDM measures are counted towards meeting the requirements.

This section describes the requirements applicable to this project.

C/CAG TDM Policy
As of January 1, 2022, the C/CAG TDM Policy requires that local jurisdictions in San Mateo County notify C/CAG of any new development within their purview that is estimated to generate at least 100 average daily trips (ADT). Applicants are required to submit a TDM Checklist alongside their development application acknowledging that their projects will achieve a specified target trip reduction based on the planned land use and project scale.

C/CAG’s checklists contain TDM strategies that are each weighted by an estimated percentage reduction. The TDM strategies are organized by a set of “Required Strategies” that apply to all projects using the checklist, and a set of “Additional Recommended Strategies.” The applicant chooses which “Additional Recommended Strategies” to commit to such that the total percentage reduction of all the TDM strategies (Required plus Additional) meets or exceeds the specified target trip reduction.

Based on the C/CAG guidelines, the project would exceed the threshold of 100 ADT and is required to comply with the C/CAG TDM policy. Due to the project’s proximity to high-quality transit, the project qualifies as a TOD project and will be required to demonstrate a 25% trip reduction through TDM measures contained in the Non-Residential (Office, Industrial, Institutional) Land Use: Large Project checklist.

Project TDM Measures Summary
Table 8 summarizes the measures the project is utilizing to meet its 25% trip C/CAG reduction requirement, while Figure 8 provides the completed C/CAG TDM checklist worksheet. 3 Project TDM Measures
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Table 8. Project TDM Measures
Measure Included in C/CAG Trip reduction (%)
Free/Preferential Parking for
Carpools
TDM Plan 1%
TDM Coordinator/Contact Person TDM Plan 0.5%
Actively Participate in
Commute.org or TMA Equivalent
TDM Plan 6.5%
Carpool/Vanpool Program TDM Plan 2%
Transit or Ridesharing
Passes/Subsidies
TDM Plan 10%
Pre-Tax Transportation Benefits TDM Plan 1%
Secure Bicycle Storage Site Plan - Secure bicycle storage is required per City of San Mateo Zoning code section 27.64.262 and is
included in the applicant’s site plan. As such, it is not factored into the TDM ROI calculations for this TDM
Plan.
1%
Design Streets to Encourage
Bike/Ped Access
Site Plan - Supporting active transportation
improvements is required by San Mateo General Plan
Policies: C 4.5 (Pedestrian Enhancements with New
Development), C 4.9 (Pedestrian and Bicycle
Connections), UD 2.9 (Pedestrian Oriented Design),
and is addressed through the applicant’s site plan. As
such, it is not factored into the TDM ROI calculations
for this TDM Plan.
1%
Showers, Lockers, and Changing
Rooms for Cyclists
Site Plan – these amenities serve as end of trip
facilities for employees arriving by bike or other active transportation forms and are included in the project
site plan. As such, it is not factored into the TDM ROI calculations for this TDM Plan.
2%
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Figure 8. Estimated C/CAG trip reduction
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Project TDM Measures—C/CAG “Required” Measures
The following sections describe the measures included in the TDM Plan for 445 South B Street. For each measure that is not already incorporated in the project’s site plan, the TDM Plan provides implementation guidance as well as the estimated daily VMT reduction and vehicle trip reduction, per calculations utilizing the TDM ROI Calculator (refer to Chapter 4). Of note, these estimates often differ from the projected trip reduction estimates from the C/CAG checklist. 11007 of 11211
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Free/Preferential Parking for Carpools (C/CAG “Required” Strategy M1) Reserving space for carpools encourages shared travel by ensuring those riders are able to find guaranteed parking easily. If signed in a manner that stands out, it may also generate interest in carpooling and vanpooling from solo drivers.

Implementation Guidelines
Designate on-site spaces for employees who carpool to their worksites. The spaces should be located close to an entrance, and demarcated spaces with signage and/or paint, in line with other signage within the parking facility. While it is not required that property management undertake strong enforcement efforts such as monitoring the spaces on a daily basis and ticketing or towing non-compliant vehicles, they should be prepared to remind employees who drive alone that the spaces are reserved for higher occupancy vehicles.

Estimated timeframe Ongoing
Estimated cost $1,000 for sign fabrication
Responsible party Property Management
Estimated daily VMT reduced
(ROI Calculator)
730 - 811
Estimated C/CAG trip
reduction percentage
1%
TDM Coordinator/Contact Person (C/CAG “Required” Strategy M3) An on-site TDM coordinator would act as a liaison between the developer, City, and employees.

The TDM coordinator would help develop, implement, and report on the various TDM strategies.

This person would be responsible for coordinating and marketing the selected TDM strategies as well as maintaining working relationships with the City and nearby developments.

Implementation Guidelines
Assign the role of TDM Coordinator to an individual on the property management team to plan and implement the TDM program. Allocate approximately 10 hours per month for the TDM Coordinator to spend on the following activities:
• Annual Monitoring: Survey the employees and compile a monitoring report for submission to the City of San Mateo annually.
• Communications: A communication plan outlines transportation information for the site and for upcoming projects. This can include creating printed communications, social media, email, and newsletters.
• Commute Assistance: Provide route planning and transit itineraries for employees who wish to explore their transportation options.
• TDM Program Coordination and Outreach: Organize and promote sustainable travel options through building communications such as emails, bulletin boards, and social media. Specific tasks include:
– Organize and promote the trip reduction and air quality strategies detailed in the following sections.
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– Organize and promote campaigns and challenges that encourage trip reduction – Promote the sustainable transportation options available to employees.

Estimated time frame Ongoing
Estimated cost $4,000 per year
Responsible party Property Management
Estimated daily VMT reduced
(ROI Calculator)
152 - 304
Estimated C/CAG trip
reduction percentage

0.5%
Actively Participate in Commute.org or Equivalent (C/CAG “Required” Strategy M4) C/CAG requires that the 445 South B Street project actively participate in Commute.org or a TMA equivalent. Commute.org’s Certified Development Program provides developers with projects in San Mateo County with a formal certification of their active participation in Commute.org programs and services. The goal of the program is to give developers access to a set of TDM programs and services that can be integrated into other TDM strategies at their new developments in San Mateo County.

Implementation Guidelines
Development projects will be considered active participants with Commute.org if they comply with the requirements below:
• Provide a copy of the Final TDM Plan approved by the local jurisdiction • Provide a copy of the Final TDM Checklist or similar TDM requirements list approved by C/CAG or the local jurisdiction
• During the development phase:
– Maintain an active point of contact
– Receive communications from Commute.org
– Inform Commute.org of any significant development changes (e.g., land use, project size, TDM Plan, development timeline/occupancy date, ownership) • During the post-development phase:
– Maintain an active point of contact
– Receive communications from Commute.org
– Identify the party(ies) responsible for complying with the ongoing requirements (e.g., developer, property manager, third-party consultant, key tenant) – Responsible party is required to:
• Attend annual Commute.org program training
• Actively promote applicable Commute.org programs and services to tenants • Host an annual transportation-oriented event for tenants • Sponsor and/or participate in Commute.org’s challenges and special events • Participate in a Commute.org sponsored shuttle if the project is located on or near an existing shuttle route
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Comply with the requirements of the Bay Area Commuter Benefits Program (applies to tenants with 50+ employees)
Complete the following surveys on an ongoing basis:

TDM Survey: annual update of Commute.org TDM Survey confirming programs and services offered at the development
TDM Self-Certification: biennial confirmation of compliance with the C/CAG TDM Policy
Tenant Travel Behavior Survey: biennial survey of tenants’ employees to capture commute mode and frequency
In the event that a TMA is developed in the Downtown San Mateo area, it is recommended that the site participate as a member.

Estimated time frame Annual
Estimated cost $0
Responsible party Property Management
Estimated daily VMT reduced
(ROI Calculator)
199 - 882
Estimated C/CAG trip
reduction percentage

6.5%
Carpool and Vanpool Program (C/CAG “Required” Strategy M5) Helping facilitate the formation of new carpools or vanpools helps interested commuters overcome the hurdle of either not knowing who they can match with or not having time to meet other commuters.

Implementation Guidelines
The project’s TDM coordinator should serve as a facilitator of new carpools and vanpools.

Commuters to or from the site should be able to express their interest in forming or joining a carpool or vanpool by providing the coordinator with information including their commute’s route, times, and their interest in participating as driver or passenger. When feasible matches are available, the TDM coordinator can connect interested commuters to each other. The TDM coordinator can also help carpools register on Commute.org if they are seeking to establish carpools from outside of the site itself.

Estimated timeframe Ongoing
Estimated cost $0
Responsible party Property Management
Estimated daily VMT reduced
(ROI Calculator)
1,446 – 1,607
Estimated C/CAG trip
reduction percentage
2%
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Transit Subsidies (GOPass and Way2GO Pass Provision) (C/CAG “Required” Strategy M6) Providing subsidized transit passes can help reduce single occupancy trips and increase transit ridership. It also provides increased flexibility for those who might still opt to drive occasionally.

Implementation Guidelines
Partner with Caltrain and SamTrans to provide free or discounted transit options to employees through the GO Pass and Way2Go Pass programs.

Estimated time frame Pre-occupancy (during the drafting of lease agreements), and ongoing.

Estimated cost GO Pass: Approximately $342 per employee working at least 20 hours per week
Way2GO Pass: $75 per employee
Based on an estimate of 378 employees the cost estimate is $157,626 annually
Responsible party Property Management
Estimated daily VMT reduced
(ROI Calculator)
1,757 – 1,953
Estimated C/CAG trip
reduction percentage
10%
Pre-Tax Transportation Benefits (C/CAG “Required” Strategy M7) Pre-tax commute benefits encourage public transit and active transportation trips by allowing commuters to further save on the cost of commuting.

Implementation Guidelines:

As pre-tax benefits are provided by employers, tenants will need to be informed of this TDM requirement. The TDM coordinator can help tenants by providing a list of vendors offering pre-tax benefit management. Additionally, employers of 50+ employees must implement pre-tax benefits per the Bay Area Air Quality Management District’s requirements.

Estimated time frame Ongoing
Estimated cost $0
Responsible party Tenants
Estimated daily VMT reduced
(ROI Calculator)
504 - 560
Estimated C/CAG trip
reduction percentage
1%
Secure Bicycle Storage (C/CAG “Required” Strategy M8)
Bike parking is a crucial element in promoting biking among tenants and employees. Providing long-term and short-term accessible and secure bike parking facilities in well-lit, visible, and 11011 of 11211
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pedestrian accessible locations, ideally with protection from weather elements, can incentivize cycling.

Implementation Guidelines
Secure bicycle storage is required per City of San Mateo Zoning code section 27.64.262 and is included in the applicant’s Project Plans.

Estimated C/CAG trip
reduction percentage
1%
Design Streets to Encourage Bike/Ped Access (C/CAG “Required” Strategy M9) The design of streets and roadways adjacent to the property can influence travel choices, thus designing complete streets that give people the option to bike safely and walk can contribute to reducing vehicle trips as well as reduce traffic congestion.

Implementation Guidelines
Supporting active transportation improvements is required by San Mateo General Plan Policies: C

4.5 (Pedestrian Enhancements with New Development), C 4.9 (Pedestrian and Bicycle Connections), UD 2.9 (Pedestrian Oriented Design), and is addressed through the applicant’s Project Plans.

Estimated C/CAG trip
reduction percentage
1%
Showers, Lockers, and Changing Rooms for Cyclists (C/CAG “Required” Strategy M25) Active transportation trips (walking, running, biking, etc.) can be encouraged by providing supporting end-of-trip facilities such as showers, lockers, and changing rooms.

Implementation Guidance
Access to these facilities should be well advertised to tenant employees to ensure their use. To manage and track use of facilities, access could require pre-registration and have controlled entry.

Estimated C/CAG trip
reduction percentage
2%
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If implemented correctly and consistently, the TDM program outlined in Chapter 3 will achieve a trip reduction target of 25% according to the C/CAG requirements and worksheet.

Beyond the C/CAG checklist, which provides flat percentage reduction estimates for each strategy, this TDM Plan utilizes the TDM Return on Investment (ROI) Calculator, a tool owned by Mobility Lab and developed by university and governmental partners. The TDM ROI Calculator helps practitioners and policy makers understand the benefits of their investment in TDM strategies and programs by calculating estimated vehicle trips, VMT, hours of congestion delay, and emissions reduced, with more specific consideration given to number of expected users, daily trips taken, and average trip distances for each strategy. Based on the TDM ROI Calculator, the proposed TDM program is forecasted to result in a daily reduction of between 4,788 to 6,117 vehicle miles travelled (VMT), which would lead to a reduction of approximately 1,638 to 2,093 kilograms of carbon dioxide every day according to the ROI calculator model. More information about the TDM ROI Calculator and assumptions made to calculate estimated impacts are included in Appendix A.

Program Impacts
Table 9 outlines the total estimated VMT and congestion hours reduced with the recommended TDM program for the project site.

Table 9. ROI Calculator Estimated VMT and Congestion Hours Reduced 445 S B St Annual VMT
Reduced
Annual Vehicle
Trips Reduced
Annual Congestion
Reduced (hours of
delay)
Carbon Dioxide
Reduced (kg)
Low Est. High Est. Low Est. High Est. Low Est. High Est. Low Est. High Est.

Project
TDM
Measures
1,182,636 1,510,899 62,491 83,486 170,924 216,866 404,586 516,971 4 Impact of TDM Measures
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Table 10 summarizes the daily VMT, vehicle trips, and congestion reduction for each of the TDM strategies.

Table 10. ROI Calculator summary of daily trip reductions Strategy Daily VMT Reduced Daily Vehicle
Trips Reduced
Daily Congestion
Reduced (hours
of delay)
Daily Carbon Dioxide
Reduced (kg)
Low Est. High Est. Low
Est.

High
Est.

Low
Est.

High
Est.

Low
Est.

High Est.

Free/Preferential
Parking for
Carpools
730 811 19 21 117 130 250 277
TDM Coordinator/
Contact Person 152 304 9 18 24 49 52 104
Commute.org or
TMA 199 882 14 64 26 115 68 302
Carpool and
Vanpool Program 1,446 1,607 37 41 231 257 495 550
Transit or
Ridesharing
Passes/Subsidies
(GoPass and
Way2Go Pass
Provision)
1,757 1,953 143 159 228 254 601 668
Pre-Tax
Transportation
Benefit
504 560 31 35 66 73 172 192
Secure Bicycle
Storage
Provision of secure bicycle storage is included in the project site plan and therefore it has not been modeled in the TDM ROI Calculator.

Design Streets to
Encourage
Bike/Ped Access
Design of streets to encourage bike/pedestrian access is included in the project site plan and therefore it has not been modeled in the TDM ROI Calculator.

Showers, Lockers,
and Changing
Rooms for Cyclists
Showers, lockers and changing rooms for cyclists are included in the project site plan and therefore it has not been modeled in the TDM ROI Calculator.
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The City of San Mateo will require the site to perform annual monitoring and reporting. Ongoing monitoring will help the property track the impact of its TDM programs, as well as provide a regular schedule for evaluating programming and identifying gaps and opportunities. The results will help the property management team adjust programs to better meet the needs of the employees.

The City of San Mateo’s general conditions for approval stipulate that all new developments must submit a Trip Reduction and Parking Management Plan and submit an annual monitoring report.

Annual Survey
The City of San Mateo requires an annual letter to the Public Works Director or designee that outlines the TDM measures implemented and information from a mode split survey.

To comply with both City and C/CAG requirements, the TDM Coordinator should register with Commute.org. Commute.org will administer the complimentary biennial surveys that are required to comply with the C/CAG policy through the OneCommute Platform. On the ‘off’ years, the developer may contract directly with Commute.org to undertake an additional survey or may administer the survey themselves. If they select the latter option, it is recommended that the questions and survey language mirror the survey provided by Commute.org so the site and City are able to collect comprehensive and consistent data.

The survey results allow the property to not only track program progress but also identify ways to approach and/or adjust the program and further shift travel behavior towards more sustainable modes (transit, bike, walk, and carpool) over time. The TDM Coordinator could use the data to understand which amenities are popular and should remain, which are not effective and should be adjusted, and identify additional measures to implement in their place. 5 Monitoring
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The Transportation Demand Management (TDM) Return on Investment-(ROI) Calculator is a tool owned by Mobility Lab, an Arlington County, Virginia, funded transportation behavior and policy research center. It was developed in partnership with university and governmental partners, with funding from the Federal Highway Administration, to provide TDM program staff, transportation planners, and others involved in implementing TDM services a quantifiable way to estimate the ROI for TDM services.

According to the TDM ROI Calculator User Manual, the model calculates impacts for individual TDM services then combines the individual impacts, with discounts to account for overlap between services, to determine the cumulative impact of all services.5 The calculator performs the following functions:
• Estimates TDM travel impacts, defined as reductions in commute vehicle trips and vehicle miles travelled (VMT), from a user-defined package of TDM services • Converts vehicle trip and VMT reductions into societal benefits, such as reduction in hours of travel time delay and gallons of gasoline saved
• Calculates the societal cost savings from each benefit and the overall cost saving from all benefits combined
• Compares the societal cost saving to the TDM program "investment" cost to estimate ROI As most TDM programs do not have detailed VMT and trip reduction data, the ROI Calculator instead asks for user participation numbers and program costs as the inputs for its calculations.

The model then uses four calculation factors derived from TDM service user surveys along with pre-set regional inputs and national environmental data to estimate the number of participants who will shift behavior and the number of daily vehicle trips, VMT, and hours of congestion that their behavior shift will reduce. If more detailed regional and national data are known, they can be input to override the pre-set data used for calculation.

The inputs used for calculating the VMT and vehicle trip reductions for the 455 South B St TDM Plan are outlined on the following pages so that the results can be duplicated with ease. 5 Mobility Lab. (2019). TDM ROI Calculator User Manual. Retrieved from https://mobilitylab.org/calculators/
A TDM ROI Calculator
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At the outset in Section A (Your Region, Service Area Type and Transit Availability), the TDM ROI Calculator asks users to make a series of selections to determine geographic and transit characteristics of the area being examined. The options selected for the 455 South B St TDM Plan are displayed in Table A.1 as follows:

Table A.1. Selections made for region, service area type and transit availability Question in the ROI Calculator Option Selected for the TDM Plan Metropolitan Region San Francisco-Oakland-Hayward, CA
Primary land use density and development pattern Moderate density, urban or small city/town Primary focus of TDM Program outreach Balanced mix of outreach to commuters at worksites and residential areas
Percentage of commuters within ½ mile of
bus/train stop in service area
76% to 100% of commuters are within 1/2 mile of a
bus or train stop
Average public transit frequency in the service area
in the morning peak period (select ONLY ONE
option)
Moderate-Average rush hour frequency for most
routes is 16-30 minutes
With the above inputs selected, the model determines the classifications for the project site as follows in Table A.2.

Table A.2. Project site TDM service area and transit availability classifications Your TDM Service Area classification is: Suburban/small city Your Transit Availability classification is High transit Regional Travel, Environmental and Cost Benefit Factors The final section of the ROI Calculator (Section F - Additional Regional/Service Area Data Environmental Inputs) shows the default numbers used for regional travel, environmental and cost benefit factors. Users have the option to override these defaults by inputting values into the “User Defined” cells if specific local factors are known. Table A.3 shows the defaults assumed by the model and indicates if the defaults were overridden, and which values were used. The inputs defined in Table A.3 remained the same for all calculations for the 455 South B St TDM Plan. 11019 of 11211
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Table A.3. Travel, vehicle pollutant emission, and benefit cost factor default and user defined values Regional Travel Factors Regional
Default
User
Defined
Average home-to-work commute miles for the region (one-way distance) 9.6 13.97 Percentage of regional commuters who drive alone to work OR percentage of weekly commute trips made by driving alone

63.2% 59%8
Percentage of regional commuters who ride public transit to work OR percentage of weekly commute trips made by transit

17.6% 9.1%9
Regional Vehicle Pollutant Emission Factors National
Default
User
Defined
Oxides of Nitrogen (NOx) emission rate in grams per mile of travel 0.445 0.171 Volatile Organic Compounds (VOC) emission rate in grams per mile of travel 0.075 0.03510 Greenhouse gas (Carbon Dioxide Equivalent) emission rate in grams per mile of travel
387.460 342.00011
Regional Benefit Cost Factors Regional
Default
User
Defined
Median average wage rate for commuters in the service area or metropolitan region
$24.90 $49.7112
Estimated average annualized cost to build/maintain one lane-mile of major roadway (combination of Interstate and limited access roadway) $165,000 -
Average pump price per gallon for regular unleaded gasoline $3.36 $4.5713 7 San Mateo Economic Development Association (2012). Labor Supply and Commute Patterns in San Mateo County Report. Retrieved from http://www.bayareaeconomy.org/files/pdf/BACEI_Labor_Mobility_110612.pdf 8 U.S. Census Bureau (2021). American Community Survey 5-year estimates. Retrieved from Census Reporter Profile page for Census Tract 6063, San Mateo, CA http://censusreporter.org/profiles/14000US06081606300-census-tract6063-san-mateo-ca/ 9 Ibid.
10 California Air Resources Board Emissions Factors (EMFAC) database 11 Ibid.
12 San Mateo Economic Development Association (2012). Labor Supply and Commute Patterns in San Mateo County Report. Retrieved from http://www.bayareaeconomy.org/files/pdf/BACEI_Labor_Mobility_110612.pdf 13 AAA. (2022). AAA Gas Prices. Retrieved from https://gasprices.aaa.com/?state=CA 11021 of 11211
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Assumptions
ROI Calculator Participation and Calculation Factors Assumptions In order to use the ROI calculator to calculate estimated impacts for the 455 South B St project, assumptions were made to estimate the participation rate for each strategy. Additionally, if a strategy was not outlined as a direct input in the model, assumptions were made to estimate the calculation factors associated with it. Table A.5 outlines those assumptions. 11022 of 11211
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Table A.5. Summary of Assumptions for each Strategy
Strategy ROI Calc Input
Participation
Assumption
(per year)
Basis for Participation Assumption
Placement
rate (%)
Assumption
Vehicle Trip
Reduction
Factor
Assumption
One-Way
Commute
Distance
Assumption
(miles)
Drive-Alone Access
% Assumption
Free/Preferential
Parking for Carpools
Vanpool
Formation
52 50% of (existing carpool population +
additional 5% of drive alone
commuters), given complementary
nature of the two measures and aligned
with relative impact scale of C/CAG
estimated trip reduction for the two
measures (i.e., 1% trip reduction for
Free/Preferential parking for carpools
and 2% for Carpool or Vanpool
program)
100%
Pre-set in
model

1.4 Pre-set in model

41.7 Pre-set in
model
90%
Pre-set in model
TDM Coordinator/
Contact Person
Comprehensive
Commute
Assistance
128 Assist 20% of employees with questions
about transportation including one-onone assistance when asked and promoting sustainable transportation
options (5 hours/month)
45%
Pre-set in
model

0.6 Pre-set in model

20.9 Pre-set in
model
70%
Pre-set in model
Actively Participate
in Commute.org
Employer
Services
639 The resources available through the
Commute.org will be available to all
employees at the worksite
12%
Pre-set in
model

0.8 Pre-set in model

13.9 Pre-set in
model
40%
Pre-set in model
Vanpool and
Carpool Program
Vanpool
Formation
103 Existing carpool population + additional
5% of drive alone commuters
100%
Pre-set in
model

1.4 Pre-set in model

41.7 Pre-set in
model
90%
Pre-set in model
Transit
Passes/Subsidies
Ongoing transit
incentive
378 % of transit users + 50% of commuters
(employees)
50%
Pre-set in
model

1.2 Pre-set in model

10.4 Pre-set in
model
70%
Pre-set in model
11024 of 11211
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Pre-Tax
Transportation
Benefit
Ongoing multimodal incentive58 All employees that
use transit or bike
only
50%
Pre-set in model

0.8 Pre-set in model

20.9 Pre-set in model
50%
Pre-set in model
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B Background Assessment
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Control Information
Prepared by Prepared for
Steer
800 Wilshire Blvd, Suite 1320,
Los Angeles, CA 90017
USA
+1 (213) 425 0990
www.steergroup.com
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
Steer project/proposal number Client contract/project number 24542801 Click here to enter text.

Author/originator Reviewer/approver
Ana Erviti Ferrando Julia Wean, Gary Hsueh
Other contributors Distribution
Olivia Mendoza, Lenya Schmidt Neuhaus, Richard Davis, Nathalie McCarvel
Client: Steer:

Version control/issue number Date
11029 of 11211
11030 of 11211
steergroup.com
11031 of 11211
sierraclub.org/loma-prieta ~ 3921 East Bayshore Road, Suite 204, Palo Alto, CA 94303

SAN MATEO, SANTA CLARA & SAN BENITO COUNTIES
June 2, 2023
City of San Mateo City Council
330 West 20th Avenue
San Mateo, CA 94403
Via email to: [email protected]
Subject: Affordable Housing at Talbot's Site
Dear Mayor Lee and Members of the City Council,
The Sierra Club Loma Prieta Chapter’s Sustainable Land Use Committee (SLU) advocates on land use issues in San Mateo and Santa Clara Counties. In that role, we advocate for higher density affordable housing in city downtowns and along transit corridors.

We support the Council in asking for more affordable housing on the Talbots site downtown. There are few opportunities in downtown with such a perfect location for this type of mixed use development.

However, affordable housing is presently the greatest need and the location on the transit corridor makes it even more important for worker housing.

Respectfully yours,
Gita Dev, FAIA, Co-Chair
Sustainable Land Use Committee
Sierra Club Loma Prieta Chapter
Cc: James Eggers, Executive Director
Sierra Club Loma Prieta Chapter

Gladwyn d’Souza, Conservation Chair
Sierra Club Loma Prieta Chapter
11032 of 11211
1 Holeva Finau
From: Alexis Lewis
Sent: Tuesday, April 28, 2026 10:39 AM
To: Planning Commission
Subject: Support for the Bespoke Project (445 South B Street) Planning Commissioner Margaret Williams,
Dear Members of the San Mateo Planning Commission,
I am writing to express my strong support for the Bespoke project at 4th and B Street. This development is a model for the transit-oriented, sustainable growth San Mateo needs to meet its housing and climate goals.

I specifically support this project because:

It delivers on affordability: By providing 71 units of 100% affordable housing in partnership with Alta Housing, San Mateo is taking a real step toward addressing our local housing crisis.

It prioritizes sustainability: Utilizing Cross-Laminated Timber (CLT) and an all-electric design sets a high bar for environmentally responsible development in our city.

It strengthens downtown: With new space for the Center for Self-Help for the Elderly and significant pedestrian improvements along B Street, this project is a clear win for the community.

We cannot afford a two-year setback for these homes and community benefits. I respectfully urge the Commission to approve the updated deal terms and allow the Bespoke project to move forward immediately.

Sincerely,
Alexis Lewis
Alexis Lewis
San Mateo, California 94402
11033 of 11211
11034 of 11211
April 27, 2026
San Mateo City Planning Commission
330 W 20th Ave
San Mateo, CA 94403
Dear Members of the San Mateo Planning Commission,
The Housing Action Coalition (HAC) is pleased to endorse Harvest Properties, Inc. & Prometheus Real Estate Group, Inc.’s Bespoke project. Our committee commends the project for its innovative land use.

The project will replace an outdated single-story retail building with a dynamic mixed-use development, including 71 units of 100% affordable housing, office and retail space. The proposed housing will be a valuable addition to Downtown San Mateo, located in the Central Business District, bringing new life and vitality to this area. The committee is particularly impressed with the collaborative efforts between the project team, the City, and the community to foster a more vibrant, communal, and transit-oriented neighborhood.

Through extensive community feedback and outreach, the project design has evolved to offer a more engaging environment, using cross-laminated timber (CLT) building materials and thoughtful design elements. The project will also enhance the pedestrian experience by widening B Street sidewalks by more than five feet, in line with pedestrian-friendly guidelines that promote walkability and accessibility.

To further support a healthy and thriving downtown, the project includes 162,000 square feet of commercial space for offices and retail. The design encourages open spaces and accessibility, incorporating urban plazas and outdoor areas with massing breaks and retail spill-out zones for restaurant dining. Additionally, we are excited that 3,500 square feet of ground-floor space will be allocated for Self-Help for the Elderly, which will serve as a significant community resource.

We commend the project team for surpassing the density threshold of 50 units through the State Density Bonus Law, achieving 71 units at 61.2 dwelling units per acre. The project's proximity to the San Mateo Caltrain station further promotes public transit utilization. Furthermore, the inclusion of 16 short-term and 56 long-term bike stalls for residents, along with 8 short-term and 84 long-term bike stalls for public use, and preferential carpool parking, demonstrates a strong commitment to sustainable transportation options.

Moreover, we recognize the Harvest Development team’s impressive commitment to the success of this project. The revised deal terms include a total equity contribution of $9.4 million, with an additional $6.5 million guarantee in the event of delays or challenges in securing financing for the affordable housing component. This level of financial commitment exceeds typical expectations for commercial developers and underscores the importance of the project to our community.

The project also includes the construction of a subterranean garage shared between residential and commercial spaces, and the payment of a commercial linkage fee to support future affordable housing projects in San Mateo. These actions demonstrate a comprehensive approach to community-building and housing production.

We strongly urge the City Council to approve the updated terms, allowing the project to move forward through the entitlement and development process without further delay. The proposed completion timeline 11035 of 11211
11036 of 11211
1 Holeva Finau
From: Carey Wilson
Sent: Monday, April 27, 2026 6:11 PM
To: Planning Commission
Subject: Support for the Bespoke Project (445 South B Street) Planning Commissioner Caiti Busch,
Dear Members of the San Mateo Planning Commission,
I am writing to express my strong support for the Bespoke project at 4th and B Street. This development is a model for the transit-oriented, sustainable growth San Mateo needs to meet its housing and climate goals.

I specifically support this project because:

It delivers on affordability: By providing 71 units of 100% affordable housing in partnership with Alta Housing, San Mateo is taking a real step toward solving our local housing crisis.

It prioritizes sustainability: Utilizing Cross-Laminated Timber (CLT) and an all-electric design sets a high bar for environmentally conscious development in our city.

It strengthens downtown: Between the new space for the Center for Self-Help for the Elderly and the significant pedestrian improvements along B Street, this project is a clear win for the community.

We cannot afford a two-year setback for these homes and community benefits. I respectfully urge the Council to approve the updated deal terms and allow the Bespoke project to move forward immediately.

Sincerely,
Carey Wilson
San Mateo, California 94403
11037 of 11211
1 Holeva Finau
From: Francie Souza
Sent: Monday, April 27, 2026 10:49 AM
To: Planning Commission
Cc: City Council (San Mateo); Clerk
Subject: Comments on Bespoke, 445 S. B Street
Dear Planning Commissioners,
We are residents of Central San Mateo, and have read the Administrative Report for 445 B Street (Talbot's), and have several concerns about the plans:
1) The plan to make East 5th Avenue, from S. Delaware to S. Amphlett, a Class II bike lane will remove approximately 60 parking spaces from one side of the street. This street currently is a Class III bike lane and has an RPPP which is fully utilized by the neighborhood and we ask you to consider maintaining that designation for this neighborhood. Traffic should be routed to E. 4th Ave and away from the neighborhood streets. In addition, there are aleady six Class II Bike Routes in our neighborhood (9th, Humboldt, Grant, Fremont, El Dorado, and Delaware), and cyclists can use any of these on our wider streets.

Another fact to consider is that there are multiple projects being built surrounding Central Neighborhood, none of which offer parking adequate for their residents: 9th & Claremont, Block 20 & Block 21, as well as Gateway. Central Neighborhood needs to be protected from the parking overflow which already happens along S. Delaware Street from local businesses, contract workers and employees from downtown.

Please reconsider this plan and maintain the Class III bike lane along E 5th. We don't need another expensive mistake based on poor planning, such as happened in North Central. 2) No on-site loading area for the new buildings along S. B Street (both Bespoke and Draeger's replacement) is very short-sighted, creating traffic back-ups, unsafe passing which impacts both bicycle and pedestrian safety. Please ask that this be addressed in the plans. 3) Removal of 23 protected trees. Why does our city always approve removing the trees on the lots that are being used to build? When I drive to other cities that value their trees, for example Menlo Park or Palo Alto, I wonder why San Mateo cannot have the canopy that these valuable trees offer - why are they not protected? Please consider how you might protect at least some of the existing "protected" trees.

Thank you for reading our comments, and we hope you will consider alternatives.

SIncerely,
Tom & Francie Souza
S. Delaware St., Central San Mateo
11038 of 11211
1 Holeva Finau
From: Helena Cardona
Sent: Monday, April 27, 2026 3:51 PM
To: Planning Commission
Subject: Support for the Bespoke Project (445 South B Street) Planning Commissioner Maxwell Schaumkel,
Dear Members of the San Mateo Planning Commission,
I am writing to express my strong support for the Bespoke project at 4th and B Street. This development is a model for the transit-oriented, sustainable growth San Mateo needs to meet its housing and climate goals.

I specifically support this project because:

It delivers on affordability: By providing 71 units of 100% affordable housing in partnership with Alta Housing, San Mateo is taking a real step toward solving our local housing crisis.

It prioritizes sustainability: Utilizing Cross-Laminated Timber (CLT) and an all-electric design sets a high bar for environmentally conscious development in our city.

It strengthens downtown: Between the new space for the Center for Self-Help for the Elderly and the significant pedestrian improvements along B Street, this project is a clear win for the community.

We cannot afford a two-year setback for these homes and community benefits. I respectfully urge the Council to approve the updated deal terms and allow the Bespoke project to move forward immediately.

Sincerely,
Helena Cardona
Burlingame, California 94010
11039 of 11211
1 Holeva Finau
From: Jim Lawrence
Sent: Monday, April 27, 2026 2:54 PM
To: Planning Commission
Subject: Support for the Bespoke Project (445 South B Street) Planning Commissioner Maxwell Schaumkel,
Dear Members of the Planning Commission,
I am writing to express my strong support for the Bespoke project at 4th Avenue and B Street.

This proposal represents a rare, once-in-a-generation opportunity to transform an underutilized block into something that truly reflects San Mateo’s values—sustainability, inclusivity, and long-term economic vitality.

At a time when our community continues to face a severe housing shortage, the inclusion of 71 deeply affordable homes—developed in partnership with Alta Housing—is especially meaningful. These homes will serve families and essential workers who are the backbone of our city but are increasingly priced out of it.

Beyond housing, Bespoke sets an important environmental standard. As one of the region’s first major cross-laminated timber developments, designed to be all-electric and targeting LEED Gold certification, it signals that San Mateo is serious about climate leadership and sustainable growth.

The project also strengthens the social fabric of our community. Providing a permanent home for the Center for Self-Help for the Elderly ensures that a vital community-serving organization can continue its work for years to come. Enhancements such as wider sidewalks along B Street will create a safer, more accessible, and more welcoming downtown for residents and visitors alike.

Finally, the addition of office and retail space will bring needed daytime activity to support local small businesses, contributing to a more vibrant and economically resilient downtown.

This is a complex public-private partnership on city-owned land, and I understand the importance of careful consideration. However, delaying approval of the updated terms risks 11040 of 11211
2 setting the project back by years and jeopardizing the delivery of much-needed affordable housing and community benefits.

For these reasons, I respectfully urge you to approve the updated terms for the Bespoke project and help move San Mateo forward in a way that is equitable, sustainable, and forwardlooking.

Thank you for your time and thoughtful consideration.

Sincerely,
Jim Lawrence
Board Chair
Fixin San Mateo
Jim Lawrence
San Mateo, California 94404-3803
11041 of 11211
1 Holeva Finau
From: Laurie Hietter
Sent: Tuesday, April 28, 2026 3:50 PM
To: Planning Commission
Cc: Martin McTaggart
Subject: Prometheus and Harvest Properties Project at 445 B Street (B St, 4th & 5th Ave, Railroad Ave).

Dear Planning Commissioners:

The proposed project has inadequate parking. The downtown area and Central Neighborhood already has strained parking; this project (and the many other proposed projects) will make it worse. Please require the developers to include at least one parking space per unit.

The Casa Verde apartments in North Park, San Diego tried "parking free" and it does not work. The project struggled significantly to attract and retain tenants/renters, who largely wanted parking. As a result, the developer had to backtrack and arrange additional parking (e.g., spots at a nearby city garage for ~$45/month) to fill units. Reports from 2023 noted that prospective tenants gravitated toward rentals with sufficient parking, making it a "failed" test case for car-free housing in San Diego In addition, please don't repeat the Humboldt parking removal disaster. 5th Ave. should remain a Class III bike route. The route is unsafe due to the extensive number of trucks that will use the route for construction and deliveries for the downtown projects.

Please find a way to mitigate these significant effects on Central Neighborhood.

Thank you,
Laurie Hietter
San Mateo Resident
11042 of 11211
1 Holeva Finau
From: Mary Burns
Sent: Monday, April 27, 2026 2:20 PM
To: Planning Commission
Subject: Support for the Bespoke Project (445 South B Street) Planning Commissioner Caiti Busch,
Dear Members of the San Mateo Planning Commission,
I am writing to express my strong support for the Bespoke project at 4th and B Street. This development is a model for the transit-oriented, sustainable growth San Mateo needs to meet its housing and climate goals.

I specifically support this project because:

It delivers on affordability: By providing 71 units of 100% affordable housing in partnership with Alta Housing, San Mateo is taking a real step toward solving our local housing crisis.

It prioritizes sustainability: Utilizing Cross-Laminated Timber (CLT) and an all-electric design sets a high bar for environmentally conscious development in our city.

It strengthens downtown: Between the new space for the Center for Self-Help for the Elderly and the significant pedestrian improvements along B Street, this project is a clear win for the community.

We cannot afford a two-year setback for these homes and community benefits. I respectfully urge the Council to approve the updated deal terms and allow the Bespoke project to move forward immediately.

Sincerely,
Mary Burns

San Mateo, California 94403
11043 of 11211
1 Holeva Finau
From: Nancy Schneider
Sent: Monday, April 27, 2026 3:41 PM
To: Planning Commission
Subject: Support for the Bespoke Project (445 South B Street) Planning Commissioner Adam Klafter,
Dear Members of the San Mateo Planning Commission,
I am writing to express my strong support for the Bespoke project at 4th and B Street. This development is a model for the transit-oriented, sustainable growth San Mateo needs to meet its housing and climate goals. It is time to do something good with that site.

I specifically support this project because:

It delivers on affordability: By providing 71 units of 100% affordable housing in partnership with Alta Housing, San Mateo is taking a real step toward solving our local housing crisis.

It prioritizes sustainability: Utilizing Cross-Laminated Timber (CLT) and an all-electric design sets a high bar for environmentally conscious development in our city. It also provides more housing in a walkable place, reducing the need for parking for residents and reducing emissions.

It strengthens downtown: Between the new space for the Center for Self-Help for the Elderly and the significant pedestrian improvements along B Street, this project is a clear win for the community.

We cannot afford a two-year setback for these homes and community benefits. I respectfully urge the Council to approve the updated deal terms and allow the Bespoke project to move forward immediately.

Thank you for your consideration of this important project.

Sincerely,
11044 of 11211
11045 of 11211
1 Holeva Finau
From: Rick Bonilla
Sent: Monday, April 27, 2026 6:38 PM
To: Planning Commission
Subject: Support for the Bespoke Project (445 South B Street) Planning Commissioner Caiti Busch,
Dear Members of the San Mateo Planning Commission,
In 2020, I was a member of the San Mateo City Council when we first sought to put some of our city parking lots to better use. We’re looking for an opportunity to build affordable housing.

In furtherance of that goal, the city sought developers through an RFQ for development on this site and this team of Prometheus/harvest/Alta rose to the top. I believe they’re offering a superior product which will improve and reinvigorate that part of our downtown, providing for the needs all San Mateo residents going well into the future.

I am writing to express my strong support for the Bespoke project at 4th and B Street. This development is a model for the transit-oriented, sustainable growth San Mateo needs to meet its housing and climate goals.

I specifically support this project because:

It delivers on affordability: By providing 71 units of 100% affordable housing in partnership with Alta Housing, San Mateo is taking a real step toward solving our local housing crisis.

It prioritizes sustainability: Utilizing Cross-Laminated Timber (CLT) and an all-electric design sets a record high bar for environmentally conscious development in our city.

It strengthens downtown: Between the new space for Self-Help for the Elderly and the significant pedestrian improvements along B Street, this project is a clear win for the community.

We cannot afford a two-year setback for these homes and community benefits. I respectfully urge the Council to approve the updated deal terms and allow the Bespoke project to move forward immediately.
11046 of 11211
2 Sincerely,
Rick Bonilla
Housing Action Coalition Board Member
San Mateo Homeowner since ‘91
Rick Bonilla
San Mateo, California 94401
11047 of 11211
1 Holeva Finau
From: Robert Whitehair
Sent: Monday, April 27, 2026 9:16 PM
To: Planning Commission
Subject: I support the Bespoke Project
Follow Up Flag: Follow up
Flag Status: Completed
Dear Chair Seema Pate, Commissioners, and staff
As a property owner in San Mateo for over 43 years, as someone deeply committed to a San Mateo that is available to everyone, someone who raised his family here, I support this project because  A vital non profit receives a new home
 The project improves the economic vitality of San Mateo.  It provides deeply affordable homes in a transit oriented development, one with support services
 With its timber construction, it is a model for other projects  Project funding includes an excellent use of City of San Mateo resources I would greatly appreciate approval of this project
Thank you
Robert (he, him)
Acknowledgement: I reside on the unceded lands of our indigenous ancestors the Ramaytush Ohlone, while benefiting from racial privilege. We begin making reparations by accepting only a kinship view of our place on the planet: All life is interconnected, interdependent, and interrelated.

To TEXT Me
11048 of 11211
1 Holeva Finau
From: Suzanne Flecker
Sent: Monday, April 27, 2026 6:35 PM
To: Planning Commission
Subject: Support for the Bespoke Project (445 South B Street) Planning Commissioner Seema Patel,
Dear Members of the San Mateo Planning Commission,
I am writing to express my strong support for the Bespoke project at 4th and B Street. This development is a model for the transit-oriented, sustainable growth San Mateo needs to meet its housing and climate goals.

I specifically support this project because:

It delivers on affordability: By providing 71 units of 100% affordable housing in partnership with Alta Housing, San Mateo is taking a real step toward solving our local housing crisis.

It prioritizes sustainability: Utilizing Cross-Laminated Timber (CLT) and an all-electric design sets a record high bar for environmentally conscious development in our city.

It strengthens downtown: Between the new space for Self-Help for the Elderly and the significant pedestrian improvements along B Street, this project is a clear win for the community.

We cannot afford a two-year setback for these homes and community benefits. I respectfully urge the Council to approve the updated deal terms and allow the Bespoke project to move forward immediately.

Sincerely,
Suzanne Flecker
City of San Mateo Homeowner
Suzanne Flecker
11049 of 11211
2 San Mateo, California 94401
11050 of 11211
City of San Mateo
City Council Meeting

POST PACKET

PUBLIC COMMENT
11051 of 11211
11052 of 11211
The Building
&
Construction
Trades Council
of San Mateo
County
1710 S. Amphlett Blvd.,
Suite 306 San Mateo CA,
94402
Affiliates
ㅡ
Heat & Frost Insulators
No. 16
Boilermakers Local 549
Brick Tile & Allied
Craftworkers 3
DC16 Painters & Allied
Trades Local 913, 12, 718
IBEW Local 617
Elevator Constructors No.
8 Ironworkers Local 377
LiUNA Local 261, Local
67 Operating Engineers No. 3
Plasterers & Cement
Masons 300
UA Plumbers & Pipefitters
467
Roofers No. 40
SMART 104
Sign & Display 510
UA Sprinkler Fitters 483
Teamsters No. 853
UA Local 355
16 MAY 2026
To: San Mateo City Council
330 West 20th Avenue
San Mateo City CA 94403
RE: Agenda Item 16. 445 S. B Street (Bespoke) – New Mixed-Use Development Dear Honorable Mayor and Members of the City Council,
On behalf of the Building & Construction Trades Council of San Mateo County, I would like to express our sincere gratitude for your commitment to upholding the prevailing wage standard on the Bespoke project. By ensuring that workers receive industry-standard compensation, you are protecting the local labor market and supporting the working families who are vital to our community's success.

Your leadership in maintaining these labor standards ensures that public investments translate into family-sustaining careers and the high-quality infrastructure and housing that is vital to the City's success. We look forward to continuing our partnership to promote a vibrant local economy, invest in our skilled workforce, and to uphold and protect these essential community standards.

Sincerely,
Bart M. Pantoja
Business Manager | Secretary-Treasurer
11053 of 11211
11054 of 11211
1 Erin Fellers
From: Witt Turner
Sent: Friday, May 15, 2026 2:06 PM
To: Lisa Diaz Nash; Rob Newsom; Adam Loraine; Nicole Fernandez; Danielle CwirkoGodycki; City Council (San Mateo) Cc: Ali Sapirman
Subject: Bespoke San Mateo | HAC Formal Letter of Support Attachments: Bespoke San Mateo - HAC Endorsement Letter.pdf Dear Mayor Loraine, Deputy Mayor Fernandez, and fellow Members of the San Mateo City Council, I am writing on behalf of the Housing Action Coalition (HAC) to express our strong support for the Bespoke project at 445 South B Street. As a statewide, member-supported organization, we advocate for homes at all income levels to address the housing crisis facing communities across California, including San Mateo.

The Bespoke project represents exactly the kind of development San Mateo needs. It delivers 71 homes of 100% affordable large family housing for individuals and families earning between 30 and 80 percent of area median income. In a region where working families are increasingly priced out of the communities they serve, this project offers a meaningful path to stability.

We are particularly impressed by the depth of the public-private partnership behind this project. The City contributed land through a long-term ground lease. Harvest Properties has committed $9.4 million in equity and an additional $6.5 million financial backstop for the affordable housing component, a level of commitment from a commercial developer that far exceeds what is typical. Alta Housing brings proven experience delivering affordable family housing, and Prometheus rounds out a strong development team.

Beyond the housing, this full-block reinvestment brings approximately 155,000 square feet of sustainable, Class-A office space built with innovative mass timber construction targeting LEED Gold certification, approximately 12,000 square feet of ground-floor retail with widened sidewalks and active street frontage along B Street, and up to $17.4 million in direct financial impact for the City. The project utilizes prevailing wages at a 15% construction cost premium and promotes transit-oriented living steps from Caltrain.

This project has been in development since 2021. The team has been through multiple rounds of community outreach, a neighborhood meeting, a Planning Commission study session, full CEQA environmental review, and a City Council study session on deal terms.

We respectfully urge the City Council to approve the Bespoke project and allow these 71 affordable homes to move forward without further delay. Further postponement risks losing these homes in the current housing cycle and undermining the community benefits this project offers.

Thank you for your time and consideration.

Sincerely,
11055 of 11211
2 Witt Turner
Housing Action Coalition
--
Witt Turner
He/Him/His
Advocacy and Operations Associate | Housing Action Coalition To help p otect you p vacy M c osoft Off ce p evented automat c download of th s pictu e f om the Inte net 555 Montgomery Street, San Francisco, CA 94111
housingactioncoalition.org
11056 of 11211
May 15, 2026
San Mateo City Council
330 W 20th Ave
San Mateo, CA 94403
Dear Mayor Loraine, Deputy Mayor Fernandez, and fellow Members of the San Mateo City Council, The Housing Action Coalition (HAC) is pleased to endorse Harvest Properties, Inc. & Prometheus Real Estate Group, Inc.’s Bespoke project. Our committee commends the project for its innovative land use.

The project will replace an outdated single-story retail building with a dynamic mixed-use development, including 71 units of 100% affordable housing, office and retail space. The proposed housing will be a valuable addition to Downtown San Mateo, located in the Central Business District, bringing new life and vitality to this area. The committee is particularly impressed with the collaborative efforts between the project team, the City, and the community to foster a more vibrant, communal, and transit-oriented neighborhood.

Through extensive community feedback and outreach, the project design has evolved to offer a more engaging environment, using cross-laminated timber (CLT) building materials and thoughtful design elements. The project will also enhance the pedestrian experience by widening B Street sidewalks by more than five feet, in line with pedestrian-friendly guidelines that promote walkability and accessibility.

To further support a healthy and thriving downtown, the project includes 162,000 square feet of commercial space for offices and retail. The design encourages open spaces and accessibility, incorporating urban plazas and outdoor areas with massing breaks and retail spill-out zones for restaurant dining. Additionally, we are excited that 3,500 square feet of ground-floor space will be allocated for Self-Help for the Elderly, which will serve as a significant community resource.

We commend the project team for surpassing the density threshold of 50 units through the State Density Bonus Law, achieving 71 units at 61.2 dwelling units per acre. The project's proximity to the San Mateo Caltrain station further promotes public transit utilization. Furthermore, the inclusion of 16 short-term and 56 long-term bike stalls for residents, along with 8 short-term and 84 long-term bike stalls for public use, and preferential carpool parking, demonstrates a strong commitment to sustainable transportation options.

Moreover, we recognize the Harvest Development team’s impressive commitment to the success of this project. The revised deal terms include a total equity contribution of $9.4 million, with an additional $6.5 million guarantee in the event of delays or challenges in securing financing for the affordable housing component. This level of financial commitment exceeds typical expectations for commercial developers and underscores the importance of the project to our community.

The project also includes the construction of a subterranean garage shared between residential and commercial spaces, and the payment of a commercial linkage fee to support future affordable housing projects in San Mateo. These actions demonstrate a comprehensive approach to community-building and housing production.
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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: 17 Section Name: PUBLIC HEARING Account Number: 10-1711 File ID: 26-11123 TO: City Council
FROM: Prasanna W. Rasiah, City Attorney
PREPARED BY: City Attorney's Office
MEETING DATE: May 18, 2026
SUBJECT:

Charter Amendments – Public Hearing No. 2
RECOMMENDATION:

Hold a public hearing regarding proposed amendments to the City Charter to reflect the change to district elections, address other outdated provisions, and provide direction to staff.

BACKGROUND:

During the “Blue Sky” Goal Setting Workshop on February 7, 2026, the City Council chose to include City Charter amendments as a priority for FY 2026/27. As directed by the Council, the amendments are to address non-controversial matters, such as reflecting the change to district elections, in an effort to “clean up” outdated provisions in the Charter.

The City Council also held a study session on March 16, 2026. A public hearing was held on April 6, 2026, and this staff report is substantively the same as what was presented to the Council at that time.

District Elections
Existing Charter Language (Sec. 2.01(a)) Proposed Charter Language There shall be a city council of five members elected by the voters of the city at large.

There shall be a city council of five members elected by the voters of the city at large by districts. Any recall election or special election or appointment to fill a
vacancy shall also be by district.

Following each decennial federal census, and at other
such times as provided by law, the city council shall,
by resolution or ordinance, adopt boundaries for all
council districts so that all of the districts shall comply with state and federal law. The term of office of any
councilmember who has been elected and whose
term of office has not expired shall not be affected by any change in the boundaries of the district from
which the councilmember was elected.

The members of the Council are of course now elected by district rather than at large, following a 2021 demand letter claiming a violation of the California Voting Rights Act and demanding a change in City electoral practices. The district election process is also codified in the San Mateo Municipal Code. The additional proposed language clarifies that a 11059 of 11211

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redistricting process will occur every ten years, consistent with state and federal law, and that an appointee to fill a vacancy must live in the same district as the Councilmember who vacated the seat at issue. Additionally, where the boundaries of a district are changed, the proposed language clarifies that the terms of then current Councilmembers will not be affected.

Councilmembers Elected in 2017
Existing Charter Language (Sec. 2.01(d).) Proposed Charter Language Provisions applicable to the councilmembers
elected at the general municipal election held in
2015 and the councilmembers elected at the
general municipal election held in 2017.

1. The incumbent councilmembers elected at
the general municipal election held in 2015
shall have their term extended by one year,
until the general municipal election held in
2020.

2. The three councilmembers elected at the
general municipal election held in 2017 shall
hold office for a term of five years,
commencing on the first regular council
meeting in December 2017 until the general
municipal election held in 2022.

3. These provisions are necessary to effectuate
the change in timing of general municipal
elections from odd-numbered years to evennumbered years, as approved by the voters of city in the general municipal election held
in 2017.

Reserved. Provisions applicable to the
councilmembers elected at the general municipal
election held in 2015 and the councilmembers
elected at the general municipal election held in
2017.

1. The incumbent councilmembers elected at
the general municipal election held in 2015
shall have their term extended by one year,
until the general municipal election held in
2020.

2. The three councilmembers elected at the
general municipal election held in 2017 shall
hold office for a term of five years,
commencing on the first regular council
meeting in December 2017 until the general
municipal election held in 2022.

3. These provisions are necessary to effectuate
the change in timing of general municipal
elections from odd-numbered years to evennumbered years, as approved by the voters of city in the general municipal election held
in 2017.

This Charter provision was added by the voters in 2017 in order to comply with Senate Bill 415 (SB 415) (2015). SB 415 required cities to realign their elections to even numbered years if prior odd-year elections had resulted in a significant decrease in voter turnout. The City’s 2017 ballot measure did so, also extending the terms of Council members elected in 2015 and 2017 by one year to facilitate this goal. It passed by a vote of 81.4% to 18.6%. However, the terms of office for Council members elected in 2015 and 2017 have now ended (as of 2022 for the latter), and this language is no longer needed. Charter Section 2.01(c) provides for the staggered election of Councilmembers in 2020 (two seats) and 2022 (three seats), and even-numbered years thereafter, for a term of four years.

Forfeiture of Office for Absence from the City
Existing Charter Language (Sec. 2.07) Proposed Charter Language Any councilmember shall forfeit his/her office who (1) fails to qualify within 10 days after appointment or certification of election, or (2) is absent from the city continuously for Any councilmember shall forfeit his/her their office who (1) fails to qualify within 10 days after appointment or certification of election, or (2) is absent from the city 11060 of 11211

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more than 30 days without permission of a majority of the remaining councilmembers, or (3) fails to attend three
consecutive regular meetings of the council without being excused by a majority of the remaining councilmembers,
and the excuse entered in the minutes, or (4) fails to
attend at least two-thirds of all regular meetings of the council during any 12-month period, or (5) is convicted of a violation of any express provision of this Charter or of a crime involving moral turpitude, or (6) attempts to
influence the city manager or city attorney in the making of any appointment or in the purchase of supplies, or (7) lacks at any time during his/her term of office any
qualification for the office prescribed by this Charter or by law.
continuously for more than 30 60 days without permission of a majority of the remaining councilmembers, or (3) fails to attend three consecutive regular meetings of the
council without being excused by a majority of the
remaining councilmembers, and the excuse entered in the minutes, or (4) fails to attend at least two-thirds of all regular meetings of the council during any 12-month
period, or (5) is convicted of a violation of any express provision of this Charter or of a crime involving moral turpitude, or (6) attempts to influence the city manager or city attorney in the making of any appointment or in the purchase of supplies, or (7) lacks at any time during
his/her their term of office any qualification for the office prescribed by this Charter or by law.

This proposed change would align the Charter with state law applicable to general law cities, specifically Government Code section 36513. That statute provides for a vacancy where a Councilmember is absent without permission from regular Council meetings for 60 days consecutively from the last regular meeting they attended. This revision would also offer more flexibility for Councilmembers who may be out of town for extended periods for personal or work-related reasons.

Time to Fill Council Vacancies
Existing Charter Language (Sec. 2.08) Proposed Charter Language A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 30 days after the same occurs, then such vacancy shall be filled by the mayor. The appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the
unexpired terms, and the same shall be conducted
substantially in the manner provided for general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.

A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 30 60 days after the same occurs, then such vacancy shall be filled by the mayor. The appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the
unexpired terms, and the same shall be conducted
substantially in the manner provided for general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.

The time for the Council to decide on filling a vacancy would be increased from 30 to 60 days. This is important because if a vacancy occurs due to a Councilmember being elected to another office, that will likely occur in November. The existing 30-day period would then expire in December during the holiday season. Extending the period to 60 days would allow for increased outreach to the community and a more deliberate application, interview, and selection process.

The draft language also eliminates text allowing candidates receiving the most votes to serve the longer of unexpired terms (and addressing tie votes) where a majority of the Council seats become vacant. Following the shift to district elections, candidates would no longer run for one of several at-large seats and would instead run for a single seat in their district. Thus, the current language is no longer necessary. 11061 of 11211

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Start Time for Council Meetings
Existing Charter Language (Sec. 2.09) Proposed Charter Language The council shall meet at the first regular council meeting in December following a general municipal election and
canvass the returns thereof. The new members shall then be inducted into office, whereupon the council shall elect the mayor and deputy mayor. The regular meetings of the council shall be held on the first and third Monday of each month not earlier than 6:30 p.m., but any regular meeting may be adjourned to a date and time certain, which
adjourned meeting shall be a regular meeting for all
purposes. The council may, in its discretion, change the date of any regularly scheduled Monday council meeting
which would fall on a holiday or other inconvenient day to the nearest convenient day subsequent to the regularly
scheduled Monday council meeting.

The council shall meet at the first regular council meeting in December following a general municipal election and
canvass the returns thereof. The new members shall then be inducted into office, whereupon the council shall elect the mayor and deputy mayor. The regular meetings of the council shall be held on the first and third Monday of each month not earlier than 6:30 p.m. at a day and time
specified by resolution, but any regular meeting may be adjourned to a date and time certain, which adjourned
meeting shall be a regular meeting for all purposes. The council may, in its discretion, change the date of any
regularly scheduled Monday council meeting which would
fall on a holiday or other inconvenient day to the nearest convenient day subsequent to the regularly scheduled
Monday council meeting.

The proposed language would remove 6:30 p.m. as the start time for Council meetings and simply allow the time to be determined by resolution, which will provide the Council with more flexibility. Language specifying the first and third Monday of the month as regular meeting days would also be removed in favor of specifying both the day and the time by resolution, which will provide more flexibility.

Publication and Expiration of Emergency (Urgency) Ordinances Existing Charter Language (Sec. 2.16) Proposed Charter Language Any ordinance declared by the council to be
necessary as an emergency measure for preserving
the public peace, health, safety, or welfare and
containing the reasons for its urgency, may be
introduced and passed at one and the same
meeting and, if passed by a majority of the council
plus one, shall become effective immediately. As
soon as practicable after its passage an emergency
ordinance shall be published in the official city
newspaper, but the validity of the ordinance shall
not depend upon such publication. Every such
ordinance, except one for emergency
appropriations or calling an election, shall
automatically stand repealed as of the ninety-first
day following the date on which it was adopted, but
this shall not prevent reenactment of the ordinance
if the emergency still exists.

Any ordinance declared by the council to be
necessary as an emergency measure for preserving
the public peace, health, safety, or welfare and
containing the reasons for its urgency, may be
introduced and passed at one and the same
meeting and, if passed by a majority of the council
plus one, shall become effective immediately. As
soon as practicable after its passage an emergency
ordinance shall be published in the official city
newspaper, but the validity of the ordinance shall
not depend upon such publication. In lieu of
publishing the full text of an emergency ordinance,
a summary thereof may be published in the same
manner as other ordinances. Every such ordinance,
except one for emergency appropriations or calling
an election, shall automatically stand repealed as of
the ninety-first day following the date on which it
was adopted, but this shall not prevent
reenactment of the ordinance if the emergency still
exists.
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The draft language would allow for the publication of a summary of an emergency ordinance (more commonly known as an urgency ordinance). Currently, the Charter does not allow publication of a summary, and therefore the entire urgency ordinance must be published in the newspaper. This change would result in modest cost savings, but more importantly would allow for the same flexibility in publishing urgency ordinances that exists for standard ordinances under Charter Section 2.15(d).

Furthermore, this proposal would eliminate language requiring the automatic repeal of urgency ordinances on the 91st day after adoption. This language was not part of the original 1922 Charter and was added in 1970. The circumstances requiring the urgency ordinance would not necessarily have been resolved approximately three months after adoption.

Eliminating this text would not prevent the Council from affirmatively repealing an urgency ordinance as appropriate.

Selection of a Finance Director
Existing Charter Language (Sec. 4.10) Proposed Charter Language There shall be a city treasurer/fiscal director who
shall be appointed by the city manager, subject to
approval by the city council, and who shall serve at
the pleasure of the city manager as the head of the
finance department. The treasurer/fiscal director
shall have the power and shall be required to
receive and safely keep all money and securities
belonging to the city, and pay out the same only on
written authority of the city manager or other
officer or officers designated by the city manager or
as otherwise authorized by law, this Charter or
ordinances adopted pursuant thereto, and not
otherwise. He/she shall also serve as ex officio tax
and license collector for the city with the duties
thereof as provided by ordinance or the general law
of the state, unless the council by ordinance
provides otherwise. The council may contract for
the performance of the functions and duties of the
treasurer/fiscal director.

Responsibility for the accounting system, accounts
and controls, receipts and expenditures, and deposit
and investment may be delegated by the city
manager to the fiscal director. The fiscal director
shall also have the power and be required to
perform such other duties as are consistent with
this Charter.

There shall be a city treasurer/fiscal finance director who shall be appointed by the city manager, subject
to approval by the city council, and who shall serve
at the pleasure of the city manager as the head of
the finance department. The treasurer/fiscal finance
director shall have the power and shall be required
to receive and safely keep all money and securities
belonging to the city, and pay out the same only on
written authority of the city manager or other
officer or officers designated by the city manager or
as otherwise authorized by law, this Charter or
ordinances adopted pursuant thereto, and not
otherwise. The finance director He/she shall also
serve as ex officio tax and license collector for the
city with the duties thereof as provided by
ordinance or the general law of the state, unless the
council by ordinance provides otherwise. The
council may contract for the performance of the
functions and duties of the treasurer/fiscal finance
director.

Responsibility for the accounting system, accounts
and controls, receipts and expenditures, and deposit
and investment may be delegated by the city
manager to the fiscal finance director. The fiscal
finance director shall also have the power and be
required to perform such other duties as are
consistent with this Charter.

These changes would clarify that the appointment of a Finance Director is not subject to approval by the City Council, and would refer to the current title of that position.
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Verified Statement of Candidates
Existing Charter Language (Sec. 7.04) Proposed Charter Language (a) No earlier than the first day, and no later than
the last day, specified or provided under state
law for the filing of nomination papers by any
candidate for elective municipal office in
general law cities, as such law shall be in effect
on the first day of January next preceding the
municipal election, each candidate for an
elective office shall file with the city clerk a
statement containing the following information
in the order herein set forth:

1. His/her name;

2. The office for which he/she is a candidate;

3. His/her present residence and occupation;

4. The various kinds of business or employment
he/she has been engaged in during the past five
years and where, also the positions of
importance and trust which he/she may have
held in connection therewith;

5. The civic, improvement or other organizations
which he/she has been a member of within the
past five years and the positions of honor or
trust, which he/she may have held therein;

6. The public offices he/she ever held, if any, as
principal, deputy or employee;

7. The experience, training or education he/she
has received which, in his/her opinion, would
qualify him to fill the office for which he/she is a
candidate;

8. The length of time he/she has been a resident
in the city;

9. The principal public improvements or
betterments which he/she would urge the
accomplishment of if elected;

10. The names of not more than 15 residents
who know something of his/her character and
abilities;
(a) Reserved. No earlier than the first day, and no
later than the last day, specified or provided
under state law for the filing of nomination
papers by any candidate for elective municipal
office in general law cities, as such law shall be
in effect on the first day of January next
preceding the municipal election, each
candidate for an elective office shall file with the
city clerk a statement containing the following
information in the order herein set forth:

1. His/her name;

2. The office for which he/she is a candidate;

3. His/her present residence and occupation;

4. The various kinds of business or employment
he/she has been engaged in during the past five
years and where, also the positions of
importance and trust which he/she may have
held in connection therewith;

5. The civic, improvement or other organizations
which he/she has been a member of within the
past five years and the positions of honor or
trust, which he/she may have held therein;

6. The public offices he/she ever held, if any, as
principal, deputy or employee;

7. The experience, training or education he/she
has received which, in his/her opinion, would
qualify him to fill the office for which he/she is a
candidate;

8. The length of time he/she has been a resident
in the city;

9. The principal public improvements or
betterments which he/she would urge the
accomplishment of if elected;

10. The names of not more than 15 residents
who know something of his/her character and
abilities;
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11. Any other information which, in his/her
opinion, would enable the electors to determine
his/her qualifications for said office.
(b) Said statement shall be verified, and be
accompanied by a photograph of the candidate
taken within the past two years.
(c) The city clerk shall cause the publication of the
statements of each candidate so filed, with the
candidate's photo engraving annexed thereto,
in the official city newspaper by two insertions
therein prior to the day of election. No response
to any one of the various requirements abovementioned shall exceed 100 words in length. (d) The failure to submit the statement or other
information shall not disqualify the candidate.

11. Any other information which, in his/her
opinion, would enable the electors to determine
his/her qualifications for said office.
(b) Said statement shall be verified, and be
accompanied by a photograph of the candidate
taken within the past two years.
(c) The city clerk shall cause the publication of the
statements of each candidate so filed, with the
candidate's photo engraving annexed thereto,
in the official city newspaper by two insertions
therein prior to the day of election. No response
to any one of the various requirements abovementioned shall exceed 100 words in length. (d) The failure to submit the statement or other
information shall not disqualify the candidate.

The language proposed for elimination originally appeared in the 1922 Charter and has only undergone minor changes over the years. As the Council is well aware, the manner in which election campaigns are conducted has vastly changed over the last century. Instead of a statement with the prescribed information constituting a significant source of information for the voters, other sources of information are much more commonly used during an election campaign, such as Internet websites with written material and videos, and social media. Candidates may also submit a statement to be included in a voter information guide that is distributed to voters. This existing provision is thus outdated and is appropriate for removal.

Selection of Newspaper – Publication of Notices (Revised Changes) Existing Charter Language (Sec. 9.07) Proposed Charter Language The council periodically shall advertise for or call for the submission of sealed proposals or bids from all
newspapers adjudicated to be newspapers of general
circulation within the city, or if none, then from
newspapers adjudicated to be newspapers of general
circulation with in the County of San Mateo, for the
publication of all ordinances and other legal notices
required to be published. The council may designate the requirements for award of contract. The contract
therefore shall be awarded to the lowest responsible
bidder, provided the rates for such publication shall not exceed the customary rate charged for publishing legal
notices of a private character. The newspaper to whom
such contract is awarded shall be known and designated
as the official city newspaper.

In the event no such newspaper will contract with the city as herein provided, or if the official city newspaper is not Reserved. The council periodically shall advertise for or call for the submission of sealed proposals or bids from all newspapers adjudicated to be newspapers of general
circulation within the city, or if none, then from
newspapers adjudicated to be newspapers of general
circulation with in the County of San Mateo, for the
publication of all ordinances and other legal notices
required to be published. The council may designate the requirements for award of contract. The contract
therefore shall be awarded to the lowest responsible
bidder, provided the rates for such publication shall not exceed the customary rate charged for publishing legal
notices of a private character. The newspaper to whom
such contract is awarded shall be known and designated
as the official city newspaper.

In the event no such newspaper will contract with the city as herein provided, or if the official city newspaper is not 11065 of 11211

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published, then notice of the matters required to be
published in the official city newspaper shall be given by posting copies thereof at three or more public places in the city as designated by the council, and such posting shall be equivalent to legal publication.
published, then notice of the matters required to be
published in the official city newspaper shall be given by posting copies thereof at three or more public places in the city as designated by the council, and such posting shall be equivalent to legal publication.

At the March 16, 2026, study session, staff proposed limited revisions to this Charter section that were designed to provide more flexibility in selecting an official newspaper in which public hearing notices and other announcements are required to be published, while allowing consideration of other factors such as local circulation. Staff is now proposing to eliminate this section entirely, and to instead specify how a newspaper would be selected by ordinance, most likely in Chapter 3.60 (Purchasing), through a flexible process such as a request for proposals.

Miscellaneous Charter Revisions
Staff also plans to propose miscellaneous “clean-up” revisions to the Charter, namely adding gender neutral language where needed.

CHARTER AMENDMENT PROCESS
Under state law, the City Council may propose a charter amendment and submit it to the voters at the next statewide general election, at least 88 days before the election. Govt. §34458(a). The charter amendment will not be adopted until it is approved by a majority vote. Before approving the submittal of a charter amendment to the voters, the City Council must hold at least two public hearings, with published and posted notice, at least 21 calendar days prior to the date of each public hearing. Govt. §34458(b). The second public hearing must be held at least 30 days after the first public hearing, and at least one of the two hearings must be held outside of normal business hours to facilitate public participation. Govt. §34458(b). In this case, both public hearings will take place in the evening during a regular Council meeting. The Council cannot vote on whether to approve submitting the proposal to the voters until 21 days after the second public hearing. Govt. §34458(b). Also, while a public hearing notice is not legally required for the Council action to place a measure on the ballot, staff has built such a notice into the process below for increased transparency.

The Charter amendment must also be filed with the California Secretary of State and the County Recorder and must be published in the official state statutes. Govt. §§34459 - 34461.

Below is the schedule that builds in a buffer between the projected date of submittal to the voters and the statutory deadline of 88 days before the election. This will allow for better coordination with the County Elections office and an additional Council meeting, if necessary.

Council Meeting Schedule – Charter Amendments
Dates Purpose
March 13, 2026 Publish/Post legal notice for 1st PH on 4/6 - completed
March 16, 2026 Council Study Session – completed
April 6, 2026 First Public Hearing – completed
April 27, 2026 Publish/Post legal notice for 2nd PH on 5/18 – completed
May 18, 2026 Second Public Hearing - tonight
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May 22, 2026 Publish/Post legal notice for Council action on 6/15 (not required)
June 15, 2026 Council submits measure to voters
August 7, 2026 88 days before election
November 3, 2026 Election Day
BUDGET IMPACT:

There is no budget impact associated with this public hearing. Enlisting the help of a ballot measure consultant and polling consultant will result in limited additional costs. Also note that under state law, no public funds can be used to advocate for or against a ballot measure. Instead, these funds would be used for polling and education and information to determine how each measure should be formulated. Finally, placing the measure on the ballot at the consolidated November 3, 2026 election will also cost approximately $20,400, which represents the incremental additional cost of including a second measure on the ballot on top of a potential local revenue measure. This represents a rough early estimate and is subject to change.

ENVIRONMENTAL DETERMINATION:

This public hearing 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
A public hearing notice was published in the San Mateo Daily Journal on April 27, 2026, and May 9, 2026.

ATTACHMENTS
Att 1 – Proposed Charter Amendments – Tracked Changes

STAFF CONTACT
Prasanna W. Rasiah, City Attorney
[email protected]
(650) 522-7020
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San Mateo City Charter

ARTICLE I NAME, BOUNDARIES, AND POWERS OF THE CITY

1.01 Name of The City.

The municipal corporation now existing and known as the City of San Mateo shall remain and continue to be a body politic and corporate as at present, in name, in fact and in law.

1.02 Boundaries.

The boundaries of said city shall be the same as now established, with power and authority to change the same as provided by law.

1.03 Powers.

Said city, by and through its council and other officials, shall have, and may exercise, all powers necessary or appropriate to a municipal corporation and the general welfare of its inhabitants which are not prohibited by the constitution and which it would be competent for this Charter to set forth particularly or specifically, including all powers now or hereafter granted, and the specification herein of any particular powers shall not be held to be exclusive or any limitation of this general grant of powers.

ARTICLE II LEGISLATIVE DEPARTMENT

2.01 Composition, Eligibility, Election and Terms.
(a) There shall be a city council of five members elected by the voters of the city at large by districts. Any recall election or special election or appointment to fill a vacancy shall also be by district.

Following each decennial federal census, and at other such times as provided by law, the city council shall, by resolution or ordinance, adopt boundaries for all council districts so that all of the districts shall comply with state and federal law. The term of office of any councilmember who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which the councilmember was elected. (b) No person shall be eligible to hold office as a member of the city council or for election thereto unless he or she isthey are, and shall have been continuously for at least 30 days immediately preceding the appointment or final filing date for nomination papers for such office, a qualified elector and resident of the city, or of territory annexed to or consolidated with the city.
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(c) The members of the city council shall be elected by the voters of the city at a general municipal election to be held in the year 2020 and every even-numbered year as follows:

1. Two councilmembers shall be elected at the general municipal election held in the year 2020.

They shall hold office for a term of four years, commencing on the first regular council meeting in the December immediately following the general municipal election until the general municipal election the fourth year thereafter.

2. Three councilmembers shall be elected at the general municipal election held in the year 2022. They shall hold office for a term of four years, commencing on the first regular council meeting in the December immediately following the general municipal election until the general municipal election the fourth year thereafter.

3. In the event two or more candidates receive the same number of votes and it is necessary for any reason to break the tie, the tie shall be broken by drawing lots under the supervision of the city attorney at the earliest meeting of the council after such a tie has been determined. (d) Reserved. Provisions applicable to the councilmembers elected at the general municipal election held in 2015 and the councilmembers elected at the general municipal election held in 2017.

1. The incumbent councilmembers elected at the general municipal election held in 2015 shall have their term extended by one year, until the general municipal election held in 2020.

2. The three councilmembers elected at the general municipal election held in 2017 shall hold office for a term of five years, commencing on the first regular council meeting in December 2017 until the general municipal election held in 2022.

3. These provisions are necessary to effectuate the change in timing of general municipal elections from odd-numbered years to even-numbered years, as approved by the voters of city in the general municipal election held in 2017.
(e) Councilmembers shall not be eligible for election to nor serve more than three consecutive terms in office provided that no partial term of office shall be counted as any portion of the consecutive terms. (Res. No. 65 § 2, eff. 11-7-17)

2.02 Mayor.

The Council shall elect from among its members officers of the city who shall have the titles of mayor and deputy mayor, each of whom shall serve at the pleasure of the council. The mayor shall preside at meetings of the council, shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no administrative duties. The deputy mayor shall act as mayor during the absence or disability of the mayor.
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2.03 Compensation.

The mayor and other members of the city council shall each receive $600.00 per month compensation for their services as council. Compensation may be adjusted in the manner authorized by the general laws of the State for general law cities of the same population as San Mateo.

2.04 Benefits and Expenses.

Retirement, health and welfare, and social security benefits shall be in addition to, and not be included in, the amount of compensation authorized by this Charter. The mayor and other members of the city council shall receive their actual and necessary expenses incurred in the performance of their duties of office upon presentation of verified claims therefor on uniform forms to be prescribed by resolution of the city council.

2.05 General Powers and Duties.

All powers of the city shall be vested in the council, except as otherwise provided by law or this Charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law.

2.06 Prohibitions.
(a) Holding Other Office: Except where authorized by law, no councilmember shall hold any other city office or city employment during the term for which they were he/she was elected or appointed by the council, and no former councilmember shall hold any compensated appointed city office or employment until one year after the expiration of the term for which they were he/she was elected or appointed to the council.
(b) Appointments and Removals: Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative or legal officers or employees whom the city manager, city attorney, or any of the city manager's subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the city manager or city attorney anything pertaining to appointment and removal of such officers and employees. Where council approval of a proposed appointment is required a refusal to approve shall not be construed as a violation of this provision. (c) Interference with Administration: Except for the purpose of inquiries and investigations specifically authorized by this Charter or by law, the council or its members shall deal with city 11070 of 11211
officers and employees who are subject to the direction and supervision of the manager or city attorney solely through the city manager or city attorney, respectively, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.

2.07 Forfeiture of Office.

Any councilmember shall forfeit theirhis/her office who (1) fails to qualify within 10 days after appointment or certification of election, or (2) is absent from the city continuously for more than 3060 days without permission of a majority of the remaining councilmembers, or (3) fails to attend three consecutive regular meetings of the council without being excused by a majority of the remaining councilmembers, and the excuse entered in the minutes, or (4) fails to attend at least two-thirds of all regular meetings of the council during any 12-month period, or (5) is convicted of a violation of any express provision of this Charter or of a crime involving moral turpitude, or (6) attempts to influence the city manager or city attorney in the making of any appointment or in the purchase of supplies, or (7) lacks at any time during theirhis/her term of office any qualification for the office prescribed by this Charter or by law.

2.08 Vacancies in Office.

A vacancy on the city council from whatever cause arising shall be filled by appointment by the council provided, that if the council fails to agree or for any other reason does not fill such vacancy within 30 60 days after the same occurs, then such vacancy shall be filled by the mayor.

The appointee shall hold office until the next general election, when a successor shall be chosen by the electors for the unexpired term. If for any reason the seats of a majority of the council become vacant, then the city clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the manner provided for general municipal elections. The candidates receiving the most votes shall serve the longer, if any, of the unexpired terms, and in case of ties the terms shall be fixed by lot.

2.09 Meetings. Generally.

The council shall meet at the first regular council meeting in December following a general municipal election and canvass the returns thereof. The new members shall then be inducted into office, whereupon the council shall elect the mayor and deputy mayor. The regular meetings of the council shall be held on the first and third Monday of each month not earlier than 6:30 p.m. at a day and time specified by resolution, but any regular meeting may be adjourned to a date and time certain, which adjourned meeting shall be a regular meeting for all purposes. The council may, in its discretion, change the date of any regularly scheduled 11071 of 11211
Monday council meeting which would fall on a holiday or other inconvenient day to the nearest convenient day subsequent to the regularly scheduled Monday council meeting.

Except as otherwise provided by state law, all meetings shall be open to the public.

2.10 Place of Meetings.

All regular and adjourned regular meetings of the council shall be held in the City Hall, unless, by reason of fire, flood or other disaster, the City Hall cannot be used for that purpose, or the council determines that another location in the city would be more suitable due to the capacity or condition of the City Hall. (Res. No. 66 § 3, eff. 11-7-17)

2.11 Special Meetings.

Special meetings may be called and held in the manner and as provided from time to time by the general law of the state.

2.12 Rules and Journal.

The council shall adopt rules for conducting its proceedings, and shall provide for keeping a journal of its proceedings, which shall be a public record. A reasonable number of copies of such rules shall be made available in the office of the city clerk for inspection by members of the public, and copies shall be furnished by the clerk upon payment of a reasonable charge for same.

2.13 Quorum.

A majority of the council shall constitute a quorum for the transaction of any business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.

2.14 Voting.

The affirmative vote of at least a majority of the council shall be necessary to adopt any resolutions, and the affirmative vote of a majority of the council shall be sufficient for adoption of ordinances except where a larger vote shall be required by law or other provisions of this Charter. Such votes shall be taken by "ayes" and "noes" and entered upon the record. 11072 of 11211

2.15 Ordinances, Generally.
(a) All proposed ordinances introduced in the council shall be in printed or typewritten form.

The enacting clause of all ordinances passed by the council shall read as follows: "The Council of the City of San Mateo ordains as follows:". The enacting clause of all ordinances initiated by the people shall read as follows: "The People of the City of San Mateo ordain as follows:". (b) No ordinance other than an emergency ordinance shall be passed by the council on the day of its introduction, nor within five days thereafter, nor at any time other than a regular or adjourned regular meeting.
(c) A notice of the general nature of the proposed ordinance or a copy thereof, and of the time and place for its consideration by the council shall be given to those news media to whom notice of special meetings of the council would be required under the general law of the state.

A reasonable number of copies of the proposed ordinance shall be made available for public inspection at reasonable times in the clerk's office and at each of the city libraries, and such notice shall be given by the city clerk as soon as practicable following introduction of the ordinance. Failure to comply with this subsection shall not invalidate the ordinance, but a willful violation shall constitute a misdemeanor and malfeasance in office. (d) A proposed ordinance may be amended or modified between the time of its introduction and the time of its final passage, provided its general scope and original purpose are retained.

All ordinances shall be signed by the mayor and attested by the city clerk. Ordinances shall be published at least once in the official city newspaper before becoming effective; in lieu of publishing the full text of an ordinance, the city clerk may publish a summary of the scope and general purpose of the ordinance in the official city newspaper and post the full text of the ordinance in the office of the city clerk as well as publish the full text of an ordinance on the official city website.

2.16 Emergency Ordinances.

Any ordinance declared by the council to be necessary as an emergency measure for preserving the public peace, health, safety, or welfare and containing the reasons for its urgency, may be introduced and passed at one and the same meeting and, if passed by a majority of the council plus one, shall become effective immediately. As soon as practicable after its passage an emergency ordinance shall be published in the official city newspaper, but the validity of the ordinance shall not depend upon such publication. In lieu of publishing the full text of an emergency ordinance, a summary thereof may be published in the same manner as other ordinances. Every such ordinance, except one for emergency appropriations or calling an election, shall automatically stand repealed as of the ninety-first day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance if the emergency still exists.
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2.17 Investigations.

The council may make investigations into the affairs of the city and the conduct of any city department, office or agency, and for this purpose may subpoena witnesses, administer oaths and affirmations, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be guilty of a misdemeanor.

2.18 City Attorney. Powers and Duties.

There shall be a city attorney who shall be appointed by and who shall serve at the pleasure of the council. The city attorney shall be an attorney at law licensed as such under the laws of this state, a specialist in municipal law, and must have been engaged in the practice of law for three years or have served in the capacity of municipal attorney or assistant municipal attorney for at least three years prior to appointment. The city attorney shall have the power and be required to:
(a) Serve as chief legal advisor to the council, the manager, and all city departments, offices and agencies.
(b) Prepare proposed ordinances and resolutions and advise the council as to their compliance with law and the provisions of this Charter, and draft contracts and other legal documents required by the council or other officials except as may be otherwise provided. (c) Prior to the general municipal election each two years to review all city ordinances and the Charter, and at the first regular meeting of the council after such election make recommendations to the council for amendments to or repeal of ordinances and enactment of new ordinances in the city attorney's opinion required to improve the ordinance code, and for any Charter amendments the city attorney may deem advisable. (d) Attend all meetings of the council unless excused by the council or the mayor. (e) Perform any other duties prescribed by law, this Charter, or ordinance, or as the council may from time to time require not inconsistent with law or this Charter.

The city council may authorize the city attorney to hire additional attorneys and personnel for the city attorney's legal staff. Except as may otherwise be provided in this Charter or in ordinances relating to personnel approved by vote of the people, the city attorney's staff shall be appointed by and serve at the pleasure of the city attorney. 11074 of 11211
The city attorney shall receive such compensation for services as the council shall determine.

When the city attorney is an in-house employee of the city, the city council may remove the city attorney at any time by the affirmative vote of a majority of the council plus one.

2.19 Control of Legal Proceedings.

Acting through the city attorney, the city council shall have control of all legal business and may employ additional attorneys to take charge of any litigation or matter or to assist the city attorney therein.

ARTICLE III CITY MANAGER

3.01 Appointment. Qualifications. Compensation.

There shall be a city manager who shall be appointed by and who shall serve at the pleasure of the city council. The city manager shall be appointed solely on the basis of the city manager's executive and administrative qualifications. The city manager shall receive such compensation for services as the council shall determine.

3.02 Removal.

The council may remove the city manager from office in accordance with the following procedures:
(a) The council shall adopt by affirmative vote of a majority of the council plus one a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed forty-five days. A copy of the resolution shall be delivered promptly to the city manager.
(b) Within five days after a copy of the resolution is delivered to the city manager, he they may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than fifteen days nor later than thirty days after the request is filed. The city manager may file with the council a written reply not later than five days before the hearing. (c) The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of the council plus one at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager, if the city manager he has not requested a public hearing, or at any time after the public hearing if he the city manager has requested one.
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(d) The city manager shall continue to receive his their salary until the effective date of a final resolution of removal. The action of the council in suspending or removing the manager shall be final.
(e) During the period of suspension and after the effective date of a final resolution of removal the powers of the city manager shall be exercised by an acting city manager until a new city manager is appointed and qualifies.

3.03 Acting City Manager.

By letter filed with the city clerk, the city manager shall designate a qualified city administrative officer to exercise the powers and perform the duties of the city manager during a temporary absence or disability. During such absence or disability, the council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return.

3.04 Powers and Duties of the City Manager.

The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the council for the administration of all city affairs placed in theirhis/her charge by or under this Charter. The city manager shall have the following powers and duties:
(a) To direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this Charter or by law. (b) To attend all council meetings, unless excused by the council or the mayor, and shall have the right to take part in discussion but may not vote.
(c) To see that all laws, provisions of this Charter and acts of the council, subject to enforcement by the city managerhim/her or by officers subject to the city manager’shis/her direction and supervision, are faithfully executed.
(d) To prepare and submit the annual budget and capital program to the council. (e) To submit to the council and make available to the public a report on the finances and administrative activities of the city as of the end of each fiscal year. (f) To make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to the city manager’shis/her direction and supervision.
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(g) To keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as the city manager he/she deems desirable.
(h) To appoint such advisory boards as the city manager he/she may deem desirable to advise and assist him in theirhis/her work, provided such boards shall not receive any compensation. (i) At any time in the city manager’shis/her discretion, and with or without notice, examine or cause to be examined the conduct of any administrative officer or employee of the city. (j) To perform such other duties as are specified in this Charter or may be required by the council.

ARTICLE IV GENERAL ADMINISTRATION

4.01 Officers and Employees. Generally.

In addition to members of the city council, the mayor, city manager, and city attorney, the officers and employees of the City of San Mateo shall consist of those provided for in this Charter, and such other officers and employees as the council may provide by ordinance or resolution or as may be required by law from time to time.

4.02 Administrative Departments. Generally.

The city council may provide by ordinance for the organization, conduct, creation, and operation of the departments of the city, and for their consolidation, alteration, or abolition.

When the positions are not incompatible the city council may combine in one person the powers and duties of two or more officers. There shall be a separate Police Department and Free Public Library, each of which shall remain as a separate department with its own department head, provided, however, that the city council may enter into agreements with other agencies for the joint provision of police or library services.

The city council may assign additional functions or duties to offices, departments or agencies.

No office provided by this Charter to be filled by appointment by the city manager may be consolidated with an office to be filled by appointment by the city council.

Subject to the provisions of this Charter, the city council shall provide for the number, titles, qualifications, powers, duties, compensation, benefits, and other conditions of employment of all officers and employees. Salaries shall be fixed by resolution. (Res. No. 75 § 2, eff. 12-5-16)

4.03 New Department.
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Each department created by the city council shall be headed by an officer as department head who shall be appointed by and serve at the pleasure of the city manager.

4.04 City Manager As Ex Officio Department Head.

Except as inconsistent with law or this Charter, with the consent of the city council the city manager may serve as the head of one or more of the administrative departments or may appoint one person as the head of two or more of them.

4.05 General Duties of Officers.

All officers who serve at the pleasure of the city manager shall have such duties as may be required of them by the city manager in addition to duties prescribed by law, by ordinance, or by this Charter.

4.06 Administrative Employees. Appointment and Removal.

Except as may otherwise be provided in this Charter or in ordinances relating to personnel approved by vote of the people, all administrative officers and employees shall be appointed by and serve at the pleasure of the city manager. With the consent of the city council the city manager may authorize any administrative officer to exercise these powers with respect to subordinates in that officer's department.

4.07 Administering Oaths.

Each department head and deputies shall have the power to administer oaths and affirmations in connection with any official business pertaining to the department head's department.

4.08 Delivery of Properties to Successors.

All officers, boards, and commissions and members thereof shall surrender and deliver to their successors all official papers, books, documents, records, archives and other properties pertaining to their respective offices or departments in their possession or under their control.

4.09 City Clerk. Powers and Duties.
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There shall be a city clerk, who shall be appointed by and serve at the pleasure of the city manager. The city clerkHe/she shall be clerk of the council and keep an accurate record of all ordinances, resolutions and motions, shall have custody of the official seal and all official records committed to theirhis/her care, make affidavits and administer oaths without charge in matters affecting the business of the city, conduct elections, and shall perform the duties of a city clerk as provided by the general law of the state except as inconsistent with this Charter, and such other duties required by this Charter.

4.10 Treasurer/Fiscal Director. Powers and Duties.

There shall be a city treasurer/fiscal finance director who shall be appointed by the city manager, subject to approval by the city council, and who shall serve at the pleasure of the city manager as the head of the finance department. The treasurer/fiscalfinance director shall have the power and shall be required to receive and safely keep all money and securities belonging to the city, and pay out the same only on written authority of the city manager or other officer or officers designated by the city manager or as otherwise authorized by law, this Charter or ordinances adopted pursuant thereto, and not otherwise. The finance directorHe/she shall also serve as ex officio tax and license collector for the city with the duties thereof as provided by ordinance or the general law of the state, unless the council by ordinance provides otherwise.

The council may contract for the performance of the functions and duties of the treasurer/fiscal finance director.

Responsibility for the accounting system, accounts and controls, receipts and expenditures, and deposit and investment may be delegated by the city manager to the fiscal finance director. The fiscal finance director shall also have the power and be required to perform such other duties as are consistent with this Charter.

4.11 Librarian. Powers and Duties.

There shall be a librarian who shall be appointed by the city manager with the approval of the library board of trustees. The librarian shall serve at the pleasure of the manager, subject, however, to the power of the library board of trustees by the affirmative vote of a majority plus one to disapprove the suspension or removal of the librarian. The librarian shall be the department head, and subject to other provisions of this Charter, shall have charge of administration of the city libraries.

4.12 Human Resources Director. Powers and Duties.

There shall be a human resources director who shall be appointed by and who shall serve at the pleasure of the city manager. The human resources director shall have the responsibility of 11079 of 11211
attending all meetings of any board or commission established to advise or deal with personnel matters, and shall administer laws, rules and ordinances affecting employees in the classified service not specifically reserved to the city manager or other officer or board or commission, by law, ordinance or this Charter, and shall establish and keep records of all officials and employees in the classified service. The human resources director shall have had at least three years progressively responsible experience in human resources administration and such other qualifications as may be required by ordinance. (Res. No. 66 § 3, eff. 11-7-17)

4.13 Oath of Office.

Every officer, whether appointed or elected, shall take the constitutional oath of office and subscribe thereto before entering upon the performance of the officer’shis/her official duties.

ARTICLE V FISCAL ADMINISTRATION

5.01 Fiscal Year.

Unless changed by ordinance adopted by the affirmative vote of a majority of the council plus one, the fiscal year shall begin on the first day of July and shall end on the last day of June of the following year.

5.02 Budget.

Each department of the city shall provide, in the form and at the time directed by the city manager, all information required by the city manager to develop a budget, including capital accounts, conforming to modern budget practices and procedures as well as specific information which may be prescribed by the council. At least 30 days before the commencement of a fiscal year, the city manager shall prepare and present to the council in such form and manner as it may prescribe budget recommendations for the next succeeding fiscal year. Following a public budget hearing, the council shall adopt by resolution a budget of proposed expenditures and appropriations necessary therefor for the ensuing year, failing which the appropriations and budget for the fiscal year shall be deemed effective in the new fiscal year until the new budget and appropriation measures are adopted.

5.03 Budget Limitation.

The total proposed budget requirements shall not exceed total available resources. (Res. No. 66 § 3, eff. 11-7-17)
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5.04 Unexpended and Unobligated Funds.

Unexpended and unobligated funds shall be held in reserve for contingencies or other purposes as determined by council. Funds held in reserve may be appropriated by resolution of the council, including, but not limited to, the annual budget resolution. (Res. No. 66 § 3, eff. 11-7- 17)

5.05 Limitation on Reserves for Contingencies.

The council shall establish reserves which in its discretion are proper.

5.06 Budget Notices to Public.

On the first Monday and first Thursday in the last month of each fiscal year, the city manager shall cause to be published in the official city newspaper notice of the time for holding a public hearing on the budget. Copies of the proposed budget shall be made available for inspection by the public in the office of the city clerk at least 10 days prior to said hearing, and copies of the proposed budget shall be furnished at a reasonable charge to persons requesting same upon payment therefor.

5.07 Capital Program.
(a) The city manager shall annually prepare and submit to the council a five-year capital program at the same time budget recommendations for the next succeeding fiscal year are submitted to the council by the city manager.
(b) The capital program shall include:

1. A clear, general summary of its contents.

2. A list of all capital improvements which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements.

3. Cost estimates, method of financing, and time schedules for each such improvement.

4. The estimated annual cost of operating and maintaining facilities to be constructed or acquired.
(c) The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. 11081 of 11211

5.08 Capital Improvement Funds.

The council shall create a capital improvement fund with such capital improvement accounts as may be required to finance the improvements specified in the creation of such accounts, and each such account shall remain inviolate except for the purposes for which it was created, whether general or specific unless the use of any such account for some other capital improvement purpose is authorized by the affirmative vote of at least a majority of the council plus one. When the purpose of any capital improvement account has been accomplished, the council may transfer any unexpended or unencumbered surplus remaining in such account to any other general or specific capital improvement account.

5.09 Council Action on Capital Program.

On or before the last day of the first month of a current fiscal year the council, after due notice and public hearing, shall by resolution, adopt the capital program, with or without amendment thereto.

5.10 Other Funds.

The council shall create such other special funds as are required for proper accounting and fiscal management, or required as a condition of receiving funds from any other government or to fulfill any bonded or other contractual obligation of the city.

5.11 Levy of Property Tax. Procedure for Assessment and Collection.

To the extent that the Constitution does not limit the setting of the ad valorem property tax rate, the city council shall: Not later than the date set by state law for this purpose, the council shall by resolution fix the rate of property tax to be levied and levy the tax upon all taxable property in the city. Such rate shall be adequate to meet all obligations of the city for the fiscal year, taking into account estimated revenue from all other sources. Should the council fail to fix the rate and levy taxes within the time prescribed, the rate for the next preceding fiscal year shall thereupon be automatically effective, and a tax at such rate shall be levied upon all taxable property in the city for the current fiscal year. The procedure for the assessment and collection of taxes upon property, taxable for municipal purposes, shall be prescribed by ordinance of the city council.

5.12 Dollar Limit.
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Repealed. (Res. No. 66 § 2, eff. 11-7-17)

5.13 Supplemental, Emergency, and Lapsed Appropriations. (a) Supplemental Appropriations: If during the fiscal year there are funds available for appropriation, the council by resolution may make supplemental appropriations. At any time during the fiscal year the city manager may transfer part or all of any unencumbered appropriation balance among programs within a department and, upon written request of the city manager, the council may by resolution transfer part or all of any unencumbered appropriation balance from one department to another; provided that no appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof.
(b) Lapsed Appropriations: Every appropriation, except an appropriation for a capital expenditure, grant funds, or other funds not within the budgeting authority of the city council, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. (Res. No. 66 § 3, eff. 11-7-17)

5.14 Accounting System.

The city manager shall establish and maintain a system of financial procedures, accounts and controls for the city government and each of its departments, which shall conform to generally accepted principles of accounting which shall be adequate to account for all money on hand and for all income and expenditures in such detail as will provide complete and informative data concerning the financial affairs of the city and in such manner as the council may prescribe and as will be readily susceptible to audit and review.

5.15 Receipts and Expenditures.

All money received by the city shall be deposited in the city treasury and in institutions and investments authorized for cities by law, and no money shall be disbursed without the approval of the city manager or of another officer duly authorized by themhim/her. No expenditure of city funds shall be made except for the purposes and in the manner specified by an appropriation of the council; nor shall any disbursement be made unless obligations are properly supported by accounting evidence and sufficient funds are available. The city manager or other officer authorized by themhim/her to make disbursements shall be represented by the city attorney in all legal matters in connection therewith. (Res. No. 66 § 3, eff. 11-7-17) 11083 of 11211

5.16 Deposit and Investment.

The city manager shall arrange for the deposit in the city treasury and in institutions and investments authorized for cities by law of all funds collected by the city, according to a schedule prescribed by him/her. After taking into account the amounts necessary to meet the current and pending requirements of the city, the city manager may arrange for the term deposit in financial institutions authorized by law and investment in securities authorized by law of any balances available for such purpose and the yield therefrom shall be credited as revenue to the general fund unless otherwise provided by law or directed by the council.

5.17 Cash Pool Operations. Check System.

The council may by ordinance provide for financing of municipal obligations by cash pool operations, and for utilization of a check system, or other system equivalent or comparable thereto, including credit and debit cards, rather than the warrant system. Except for those funds restricted by bond indentures, state or federal law, other sections of this Charter or specific conditions of the legislation creating them, temporary transfers between funds are permitted.

The council shall from time to time by ordinance provide for methods for issuance of checks, drafts and/or other orders for payment of money in the name of the city, and for authorized signatures to negotiable instruments drawn in the name of the city, and may authorize facsimile as well as actual signatures to be valid and binding on the city, and shall prescribe such system as it shall deem advisable to protect against unauthorized issuance of checks, drafts or other orders for payment of money in the name of the city.

5.18 Payment of Salaries.

All demands for salaries which are fixed by law, resolution, or this Charter, shall be allowed and paid regularly without the necessity of any specific approval for each payment.

5.19 Surplus Bond Money.

All money derived from the sale of bonds, including premiums and accrued interest, shall be applied only to the purposes for which the bonds were issued. After such purposes have been fully completed and paid for, any remaining surplus shall be transferred to the fund established for meeting the interest and redemption of such bonds.

5.20 Purchases and Contracts.
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The city manager or an officer authorized by themhim/her shall purchase or contract for equipment, materials, supplies and public works required by the city in the manner prescribed by ordinance.

5.21 Bids and Awards.

The council shall establish by ordinance the conditions and procedures for any purchase or contract, and establish advertising and bidding requirements, and may provide that all bids may be rejected. The ordinance may provide that under specified conditions which the awarding authority must find and determine to exist in each applicable instance, advertising and bidding may be dispensed with, except the ordinance may provide that where the expenditure required for a purchase or contract does not exceed a sum fixed by the ordinance advertising and bidding shall be dispensed with unless the council shall for a particular purchase or contract order advertising and bidding.

5.22 Official Bonds.

The council shall determine which officers and employees shall give bonds for the faithful performance of their official duties, and fix the amount of said bonds and provide for payment of the premium of such bonds by the city. Such officers and employees, before entering upon their official duties, shall execute a bond to the city in the penal sum required, which bond shall include any other offices of which they may be ex officio incumbent. Said bonds shall be approved by the council and filed with the city clerk.

5.23 Revenue Bonds.

The council may issue revenue bonds for any lawful purpose in such manner and upon such terms and conditions as it may fix and establish by the provisions of a procedural ordinance.

5.24 Public Improvements and Street Work.

All public improvements, including improving, widening or opening of streets or highways, may be done under and in pursuance of the general law of the state or procedural ordinances adopted by the council or the electors, and the whole or any portion of the cost thereof paid by the city or assessed on the property benefitted; provided that, except in a case of actual emergency the nature and existence of which is found and determined by resolution adopted by unanimous vote of the council, no public improvements to be financed by a bonded indebtedness of a city-wide district to be created under ordinances heretofore or hereafter 11085 of 11211
enacted shall be made unless the indebtedness is authorized by vote of the people as required under state law for issuance of general obligation municipal bonds.

5.25 Franchises.

Every franchise, contract, or privilege for a public utility to construct, maintain, or operate any railroad or other means of transportation in or over any street or highway, or to lay pipes or conduits, or erect poles or wires or other structures in or across any street or highway for the transmission of gas, electricity, or other commodity or utility, or for the use of public property or places now or hereafter belonging to the city, shall be granted by the city council pursuant to ordinance or the general laws of the State upon such terms and conditions as the city council deems proper.

No franchise, privilege, or contract shall be construed to impair or affect the right of the city to acquire the property of the grantee either by purchase or through the exercise of the right of eminent domain.

5.26 Auditing.

The council shall employ, by majority vote, a certified public accountant, or a firm of certified public accountants as independent auditor to conduct an annual audit and examination of the fiscal administration of the city. Copies of the annual audit and report shall, within a reasonable time after receipt thereof by the council, be furnished at a reasonable charge to persons requesting same upon payment therefor.

Unless the council shall by ordinance make other provision for the performance of the following functions, the independent auditor shall by contract also be required:
(a) To make such periodic examinations of the systems and procedures of the city for the receipt, disbursement, and accounting for funds of all types as are necessary to satisfy the auditor that such systems and procedures are efficient and give adequate protection for safeguarding city assets, protect against improper disbursements and assure reasonable protection against irregularity or defalcation.
(b) To make such sample tests, observations, inquiries and independent substantiations as are necessary to satisfy the auditor, within reason, that there is proper compliance with prescribed systems and procedures or in the operation thereof.
(c) To report the results thereof periodically to the city manager and the council, and report to the council instances of non-compliance with prescribed or recommended fiscal or accounting procedures where recommendations for compliance have not been implemented after reasonable time and opportunity.
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The council may direct the city manager to report on the action taken or to be taken to remedy deficiencies reported by the auditor.

ARTICLE VI BOARDS AND COMMISSIONS

6.01 Library Board of Trustees. Powers and Duties.

There shall be a library board of trustees consisting of five members which shall have the power and duty to:
(a) Exercise the sole responsibility for establishment from time to time of library department policy in selection of books, reading, visual, auditory and like material to be acquired or purchased and the classification thereof, subject, however, to limitations of the budget for such purposes.
(b) Make and enforce such bylaws, rules and regulations as may be necessary or appropriate in the maintenance and operation of public libraries free to the permanent inhabitants and nonresident taxpayers of the city, including fines, penalties, and provision for collection of obligations to the library.
(c) Accept in the name of the city, money, personal property, or real property donated to the city for library purposes, subject to approval of the council, except that unless the council by ordinance provides otherwise, the board shall have the power to accept gifts other than real property in an amount or value of Five Hundred Dollars or less for library purposes or use without specific consent of the council where no obligation attaches to the city other than use for benefit of the libraries, and to hold, convert to cash, invest in insured savings, or expend same for the use and benefit of the libraries.

Funds received by way of gift or bequest for the benefit of the city libraries shall not be subject to appropriation for other purposes, nor other than as provided by the donors except as may be authorized by a court of competent jurisdiction.
(d) Hold in trust and provide for the proper application and use to the library of any gift, devise, or bequest in accordance with the terms and conditions thereof where payment into the city treasury is inconsistent with such terms and conditions, provided the council shall first have approved acceptance of such terms and conditions.
(e) Approve or disapprove the appointment of the librarian, and disapprove of the suspension or removal of the librarian by the affirmative vote of a majority plus one of the board. (f) Sell or otherwise dispose of surplus books and other excess materials peculiar to a public library under such procedures and upon such conditions as the council shall by ordinance prescribe.
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(g) Establish conditions under which non-residents may exercise library privileges. (h) Serve in an advisory capacity to the librarian, city manager and council with respect to the establishment, maintenance, operation and management of the city libraries, and have and exercise such other powers, duties and responsibilities with respect to the libraries as may be prescribed by ordinance not inconsistent with law or this Charter.

The council may by ordinance from time to time prescribe appropriate procedures for the purchase of books and other materials peculiar to the libraries.

6.02 Library Fund.

At such times that the council sets the tax rate, the council shall provide for maintaining the libraries and the operation thereof, and apportion the revenue thus provided to a fund designated in the budget as the library fund. Such tax shall be in addition to other taxes permitted in the municipality, but shall not exceed Thirty Cents per One Hundred Dollars assessed valuation. Payments from the library fund shall be made for all claims properly chargeable against the same.

6.03 Library Board of Trustees. Appointment, Removal, Terms.

Members of the library board of trustees shall be appointed in the same manner and for the same terms, and subject to the same limitations, as in this Charter provided for city commissions in general, except that a member of the library board of trustees shall be subject to removal from office by action of the council only after being furnished on demand a written statement of the cause and being afforded an opportunity for a public hearing.

The incumbent members of the library board of trustees at the time this Charter takes effect, and any successor by appointment to fill any vacancy then existing, shall constitute the first library board of trustees under this Charter.

6.04 Planning Commission. Other Boards and Commissions.

In addition to the library board of trustees there shall be a planning commission which shall have the powers and duties from time to time provided by law or by ordinance.

There shall also be such other boards and commissions as may from time to time be established by ordinance adopted by the council or approved by the people. Except as may otherwise be provided by this Charter, or ordinance of the council or ordinance approved by the people, all such other boards and commissions now or hereafter established shall be for advisory purposes only to the council, the city manager, or to departments within the city. A board or commission 11088 of 11211
shall be considered to be advisory even if it is authorized to take final action subject to appeal to the city council.

6.05 Composition. Qualifications. Terms and Limits of Terms.

The members of all boards and commissions created by ordinance or by this Charter shall be appointed by the council, and shall at the time of appointment and while serving possess the same qualifications as required by this Charter for election or appointment to the council.

The number of members of such a board or commission shall not exceed the authorized number of members of the city council unless the ordinance establishing such additional number be approved by vote of the people or by unanimous vote of the council.

The members of such boards and commissions shall be appointed for terms of four years, except that if the ordinance provides, initial terms may be pared by lot as necessary so that each year one or more terms will expire.

The terms of office of existing boards or commissions having regular terms of more or less than four years shall be pared or extended as to incumbents in such manner as the city council shall determine so as to establish four-year terms in conformity with this section within two years after this Charter goes into effect.

No member of a board or commission shall be eligible for reappointment to the same board or commission after serving two consecutive four-year terms provided that no partial term of office shall be counted as any portion of the consecutive terms.

6.06 Payment of Expenses. Prohibition of Compensation.

The members of such boards and commissions shall receive no compensation for their services as such, but may receive reimbursement for their actual and necessary expenses authorized by the city council and incurred in performance of their duties of office upon presentation of verified claims therefor on uniform forms to be prescribed by resolution of the city council.

6.07 Appropriations for Boards and Commissions.

The city council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions.

6.08 Removal from Office. Vacancies.
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Members of such boards and commissions shall serve at the pleasure of the city council, and any member may be removed by the vote of a majority of the council plus one. If a member of a board or commission absents himself from three consecutive meetings unless by permission of the board or commission expressed in its minutes, or is convicted of a crime involving moral turpitude, or loses the qualifications required for appointment in the first instance, theirhis office shall automatically become vacant and shall be so declared by the city council.

Any vacancies shall be filled by appointment by the city council for the remainder of the unexpired term.

6.09 Special Committees. Limitations.

The city council may from time to time establish citizens or taxpayers' committees for specific advisory purposes only, and for periods not exceeding two years. Such a committee may be renewed or extended by action of the council anew for a period not exceeding the original term of the committee. The city council may include in its annual budget, or in interim appropriations, such funds as in its opinion shall be sufficient to accomplish the purpose of such committees.

6.10 Ex Officio Members.

The city manager and the city attorney, or their representatives, and a representative from the city council, shall be ex officio members of all boards, commissions, and committees. The council may in the ordinance establishing any advisory board, commission, or committee provide for additional ex officio members who shall be appointed by the council for such terms as may be prescribed but who need not possess the qualifications required of regular members.

Ex officio members shall have the same rights as official members including the right to attend meetings and participate in discussions, but shall not be entitled to vote.

6.11 Power of Subpoena. Limitations.

No board, commission, or committee shall have the power of subpoena to compel attendance of witnesses, to examine them under oath, to compel production of evidence before it and to administer oaths and affirmations, unless such power shall be granted by ordinance approved by a majority of the city council plus one. The power of subpoena being so granted, the same may be exercised by issuance of subpoena by the city clerk upon application in writing by the city attorney, by the chairperson of the board, commission, or committee, or by a majority of the board, commission, or committee. Disobedience of a lawful order issued in exercise of such powers shall be a misdemeanor.
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6.12 Declaration of Policy. Citizen Participation.

It is and shall be the policy of the City of San Mateo to foster a climate of human relations favorable to the full acceptance and participation of all citizens in the community in the economic, educational, political and cultural aspects of the community and opportunity to share in the benefits thereof without regard to race, religion, gender, national origin, or other factors which are prohibited from discrimination in appointments to local government boards, commissions, and committees by federal or state law.

To that end, and to secure for the city the benefit of the talents, skills and counsel of publicspirited and dedicated citizens in all areas of local government, it is the policy of the city that advisory boards, commissions and committees be established from time to time as the council deems appropriate in furtherance of community progress and harmony, and the solution of community problems.

ARTICLE VII ELECTIONS

7.01 General Municipal Elections.

General municipal elections shall be held in the city on the first Tuesday after the first Monday in November of each even-numbered year, in the manner provided by state law governing elections in general law cities; provided, that in the event any other election shall be held in the city in the month of November of the same year, the council may consolidate the general municipal election with such other election whenever practicable, and shall in any event call and schedule the general municipal election for the same date as any such other election. (Res.

No. 65 § 3, eff. 11-7-17)

7.02 Special Municipal Elections.

Special municipal elections may be called and held in accordance with and in the manner provided by state law governing elections in general law cities.

7.03 Initiative, Referendum and Recall.

The people of the city reserve to themselves the powers of initiative, referendum, and the recall of elected officials, to be exercised in accordance with and in the manner provided by state law governing general law cities.
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7.04 ReservedVerified Statement of Candidates.
(a) No earlier than the first day, and no later than the last day, specified or provided under state law for the filing of nomination papers by any candidate for elective municipal office in general law cities, as such law shall be in effect on the first day of January next preceding the municipal election, each candidate for an elective office shall file with the city clerk a statement containing the following information in the order herein set forth:

1. His/her name;

2. The office for which he/she is a candidate;

3. His/her present residence and occupation;

4. The various kinds of business or employment he/she has been engaged in during the past five years and where, also the positions of importance and trust which he/she may have held in connection therewith;

5. The civic, improvement or other organizations which he/she has been a member of within the past five years and the positions of honor or trust, which he/she may have held therein;

6. The public offices he/she ever held, if any, as principal, deputy or employee;

7. The experience, training or education he/she has received which, in his/her opinion, would qualify him to fill the office for which he/she is a candidate;

8. The length of time he/she has been a resident in the city;

9. The principal public improvements or betterments which he/she would urge the accomplishment of if elected;

10. The names of not more than 15 residents who know something of his/her character and abilities;

11. Any other information which, in his/her opinion, would enable the electors to determine his/her qualifications for said office.
(b) Said statement shall be verified, and be accompanied by a photograph of the candidate taken within the past two years.
(c) The city clerk shall cause the publication of the statements of each candidate so filed, with the candidate's photo engraving annexed thereto, in the official city newspaper by two insertions therein prior to the day of election. No response to any one of the various requirements above-mentioned shall exceed 100 words in length. (d) The failure to submit the statement or other information shall not disqualify the candidate. 11092 of 11211

ARTICLE VIII PARKS

8.01 Dedication for Park Purposes.

Lands owned by the City which are more than four acres in size and which are dedicated by ordinance of the City Council for park, playground, recreation, or open space purposes shall not thereafter be sold or otherwise disposed of, nor converted to different purposes, except pursuant to majority vote of the electorate. The City Council may lease such dedicated lands for park, playground, recreation, or open space purposes. "Majority vote of the electorate" shall mean majority of the persons voting on the measure.

8.02 Conveyance of Minor Portion.

Without an election, the City Council may convey a minor portion of such dedicated lands after (a) notice and public hearing, (b) determination that the conveyance is in the public interest, and (c) adoption of a resolution authorizing the conveyance.

ARTICLE IX MISCELLANEOUS

9.01 Personal Financial Interest.

City officers and employees shall comply with the general law regarding disclosure of and disqualification on account of personal financial interests.

9.02 Prohibitions.
(a) Activities Prohibited:

1. No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office on account of any matter that constitutes employment discrimination in state or federal law.

2. No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification, or appointment under the personnel provisions of this Charter, or ordinances relating to personnel, or rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations.

3. No person who seeks appointment or promotion with respect to any city appointive position or appointive city office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with theirhis/her test, appointment, proposed appointment, promotion or proposed promotion.
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4. No city officer or employee shall grant special consideration, treatment, advantages, or use of city-owned property to himself/herself or any citizen beyond that which is available to every other citizen, nor shall any city officer or employee charge or collect any fee, commission or percentage by way of compensation to himself/herself.
(b) Penalties: Any person who alone or with others willfully violates any of the foregoing provisions of this section shall be guilty of a misdemeanor. Any person convicted under this section shall be ineligible for a period of five years thereafter to hold any office or position with the city, and, if an officer or employee of the city, shall immediately forfeit theirhis office or position.
(c) The council may by ordinance define, prohibit, and provide penalties for substantial conflicts of personal interest of city officers and employees.

9.03 Nepotism.

The city council shall not appoint to a salaried position under the city government, or to any board or commission, any person who is a relative by blood or marriage within the third degree of any one or more of the members of such city council, nor shall any department head or other officer having appointive power appoint any relative of theirshis/her or of one or more of the members of such city council within such degree to any such position.

9.04 Dual Offices.

Any elective officer of the city who shall accept or retain any other incompatible elective public office shall be deemed thereby to have vacated theirhis/her office under the city government.

9.05 Violations of Charter and Ordinances.

The violation of any express provision of this Charter shall be deemed to be a misdemeanor as well as any violation specifically declared herein to be a misdemeanor. Such violations shall be punishable by fine not exceeding One Thousand Dollars or by imprisonment for not exceeding six months, or by both such fine and imprisonment. The violation of an ordinance shall be punishable as in the ordinance. The city council by ordinance may establish civil penalty provisions.

9.06 Municipal Affairs.
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The city may adopt and enforce all ordinances, resolutions, and regulations in respect to municipal affairs, subject only to restrictions and limitations provided in this Charter and the Constitution of the State of California. It shall also have the power to exercise any and all rights, powers, and privileges, including proprietary powers, heretofore or hereafter established, granted, or prescribed by any law of the State, by this Charter, or by any other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California, including all powers not in conflict with the provisions of this Charter now or hereafter granted to cities organized under the general law of the State of California. The enumeration in this Charter of any power shall not be held to be exclusive of or a limitation upon this general grant of power. To the extent permissible by law, general laws of the State, even in the absence of council action, shall not be of any force or effect insofar as they attempt to regulate municipal affairs.

9.07 Official City NewspaperReserved.

The council periodically shall advertise for or call for the submission of sealed proposals or bids from all newspapers adjudicated to be newspapers of general circulation within the city, or if none, then from newspapers adjudicated to be newspapers of general circulation with in the County of San Mateo, for the publication of all ordinances and other legal notices required to be published. The council may designate the requirements for award of contract. The contract therefor shall be awarded to the lowest responsible bidder, provided the rates for such publication shall not exceed the customary rate charged for publishing legal notices of a private character. The newspaper to whom such contract is awarded shall be known and designated as the official city newspaper.

In the event no such newspaper will contract with the city as herein provided, or if the official city newspaper is not published, then notice of the matters required to be published in the official city newspaper shall be given by posting copies thereof at three or more public places in the city as designated by the council, and such posting shall be equivalent to legal publication.

9.08 Definitions.

Unless the provision or the context requires otherwise, as used in this Charter: "shall" is mandatory and "may" is permissive; "law", "state law", "general law", and similar terms, mean the law as it now exists or may hereafter be enacted applicable to general law cities in this state; "state" means the State of California; "county" means the County of San Mateo; "city" means the City of San Mateo; nouns or pronouns includes the masculine, feminine, and the neuter, and the singular includes the plural.
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9.09 Severability.

If any section or subsection of this Charter, or the application thereof, is held invalid, that invalidity shall not affect the validity and enforceability of any other section or subsection and this Charter shall continue in full force and effect as if the invalid section or subsection were not a part of the Charter.

ARTICLE X TRANSITIONAL PROVISIONS

10.01 Continuing Officers and Employees.

Until the election or appointment and induction into office of the officers and employees in this Charter provided for, the present officers and employees shall without interruption, continue to perform the duties of their respective offices and employments, and until otherwise provided by ordinance or resolution adopted pursuant to this Charter.

10.02 Continuing Ordinances in Force.

All lawful ordinances, resolutions, and regulations in force at the time this Charter takes effect, and not inconsistent with its provisions, are hereby continued in force so far as not inconsistent until the same shall have been duly amended, repealed, or superseded. To the extent the same are inconsistent or interfere with the effective operation of this Charter or of ordinances or resolutions adopted pursuant thereto they are repealed as of the effective date of this Charter.

10.03 Continuing Contracts in Force.

All vested rights of the city shall continue and shall not in any manner be affected by the adoption of this Charter; nor shall any right, liability, pending suit or prosecution, either in behalf of or against the city, be affected by the adoption of this Charter. All contracts entered into by the city prior to the taking effect of this Charter shall continue in full force and effect. All public work begun prior to the taking effect of this Charter shall be continued and perfected hereunder.

10.04 When Charter Effective. Temporary Ordinances.

This Charter shall go into effect for all purposes at the first regular meeting of the city council following approval of this Charter by the legislature. At that meeting or at any meeting held within sixty days thereafter the council may adopt temporary ordinances, plainly labeled as such, to deal with cases of urgent need for prompt action in connection with transition of 11096 of 11211
government in which delay incident to appropriate ordinance procedures would probably cause serious hardship or impair effective city government. Such a temporary ordinance may be adopted with or without amendment at the meeting at which it is introduced and may be made effective immediately, and shall not be subject to the referendum, but it shall stand repealed on the ninety-first day following its adoption and shall not be renewed or otherwise extended as a temporary or emergency ordinance. It shall be published in the same manner as an emergency ordinance.
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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: 18 Section Name: PUBLIC HEARING Account Number: 10-1311 File ID: 26-11130 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: May 18, 2026
SUBJECT:

Downtown Business Improvement Area – Annual Renewal
RECOMMENDATION:

Adopt a Resolution to Levy the Annual Assessments for the Downtown Business Improvement Area for fiscal year 2026-27.

BACKGROUND:

The Downtown Business Improvement Area (DBIA) was formed in 1986 for the purpose of improving Downtown San Mateo and promoting businesses within the area. The Downtown San Mateo Association (DSMA) has served as the DBIA administrator since its formation. The DSMA provides the City Council with a report of its activities and expenditures for the previous fiscal year and proposes an assessment schedule for the upcoming fiscal year, as required by the California Street and Highways Code Section 36533. In April 2026, the DSMA submitted its annual report, incorporating a summary of fiscal year 2025-26 activities and proposed program and budget for fiscal year 2026-27 (included as Attachment 2).

Before the City Council may act on the DSMA’s request to renew the DBIA assessments, the request must be considered at two City Council meetings. At the May 4, 2026, meeting, the City Council accepted the DSMA’s annual report, adopted a Resolution of Intent to Levy the Annual Assessment, and set a public hearing for May 18, 2026. At this second meeting, the City Council is being asked to adopt the Resolution levying the annual assessment (included as Attachment 1).

The DSMA continues to strengthen its role as a champion for Downtown businesses and the community. In 2022, the City Council updated Downtown business assessments, the first change since 2009, making them more equitable and increasing funding for long-term sustainability. This allowed the DSMA to expand operations, hire an Executive Director in 2023, and strengthen partnerships, resulting in more coordination, events, and resources for Downtown.

Key Accomplishments, 2025–2026:
• Engaged 80+ Downtown merchants in DSMA-led events and activations • Supported the opening of 50+ new businesses in Downtown San Mateo • Deployed $100K for Downtown clean-up and beautification efforts • Grew DSMA’s Facebook audience to 10,000 followers
• Had over 53,000 visits to DSMA.org
• Generated 1.7 million Facebook content views
• Expanded Instagram reach to 55,000 accounts
• Continued the annual Lunar New Year celebration, attracting hundreds of visitors to Downtown businesses • Relaunched the Head West Marketplace as a monthly retail market on the pedestrian mall • Expanded the Boba Day celebrations
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CITY OF SAN MATEO
Financial Overview:

Fiscal Year 2025–26 marks DSMA’s third year operating under the updated assessment structure approved by the City Council. Revenue in FY 2023–24 ($443,000) exceeded projections due in part to an $11,000 grant and adjustments related to assessment billing. Revenue in FY 2024–25 declined as those assessments were reconciled, with FY 2025–26 revenues ($417,000) expected to more closely align with intended assessment levels.

Event sponsorships provided an additional revenue stream. As contributions to DSMA are not tax-deductible, sponsorship fees are intentionally kept low and function primarily as a marketing and engagement tool for BID members. While these funds help offset event costs, they do not fully cover expenses.

The following key investments reflect DSMA’s focus on marketing, activation, and district maintenance for FY 2026-27:
• Funding for community events is increasing from $35,000 to $40,000 to enhance recurring events and allow for additional pop-up activations.
• Advertising and promotion is budgeted at $60,000 to expand digital and print outreach. • Civic partnership investments include an increase of $25,000 for Downtown cleaning, power washing services, and beautification projects to enhance the district’s overall appeal. • Payroll and professional services reflect a modest increase to accommodate a cost-of-living adjustment for the Executive Director, and include a contingency to address unanticipated expenses.

DSMA maintains approximately $350,000 in reserves (as of March 27, 2026), held in a money market account and a certificate of deposit. These reserves have historically been used to support Downtown businesses during periods of reduced assessments, such as during COVID-19. Maintaining a healthy reserve provides flexibility to respond to future economic uncertainty and continue supporting the business community. As part of DSMA’s due diligence, a financial review of fiscal years 2024 and 2025 was conducted (Attachment 3). While this review does not constitute a full audit, it indicates that DSMA remains financially stable, with strong liquidity, declining liabilities, and positive operating cash flow.

The review found the organization is well positioned to meet its ongoing operational needs while managing revenue variability and expense trends.

Finally, DSMA benefits from office space provided by the City of San Mateo, allowing resources to be redirected toward programs and services. While DSMA does not utilize City equipment, the shared space supports close coordination with City staff and Downtown stakeholders. DSMA appreciates the City’s continued partnership and support.

Next Steps
After the Council adopts the Resolution of Intent to Levy the Annual Assessments (Attachment 1), a notice will be published in the newspaper announcing the public hearing for no less than seven days prior to the meeting on May 18, 2026. According to Streets and Highways Code Section 36535, if written protests are submitted by business owners in the DBIA, and these protests collectively represent 50 percent or more of the proposed assessments, no additional actions to impose the assessments will occur for a period of one year. Any written protests received will be provided at the May 18, 2026 Council meeting.

At the May 18th public hearing, Mackenzie Jakoubek, Executive Director of the DSMA, will provide an overview of DSMA’s accomplishments and will be available to address any questions from the City Council and the public prior to Council consideration of levying the assessment for the next fiscal year.

BUDGET IMPACT:

The levying of the annual DBIA assessment does not have an impact on the General Fund.

ENVIRONMENTAL DETERMINATION:

This item is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)
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CITY OF SAN MATEO

NOTICE PROVIDED
All meeting noticing requirements were met. Pursuant to California Streets and Highways Code Section 36534, a notice for the public hearing was published in the San Mateo Daily Journal at least seven (7) days prior to the May 18, 2026 City Council hearing.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – DSMA Annual Report 2025-2026
Att 3 – Financial Review
Att 4 – Support Letters

STAFF CONTACT
Zachary Reda, Senior Management Analyst
[email protected]
(650) 522-7000
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CITY OF SAN MATEO
RESOLUTION NO. (2026)
LEVYING THE ANNUAL ASSESSMENT (2026-2027)

FOR THE DOWNTOWN BUSINESS IMPROVEMENT AREA
WHEREAS, the City Council established the Downtown Business Improvement Area (DBIA) pursuant to Streets and Highways Code Section 36500, et seq.; and
WHEREAS, the Downtown San Mateo Association, in conjunction with City staff acts as the advisory board to the City Council for the DBIA; and
WHEREAS, the City Council has received and reviewed the annual report submitted by the Downtown San Mateo Association and hereby confirms said Association as the advisory board for the DBIA.

WHEREAS, a public hearing was held on May 18, 2026, after being duly noticed for a time and place specified in the notice of intention; and
WHEREAS, all protests, either written or otherwise to the assessments proposed in the report were heard and considered at the public hearing; and
WHEREAS, Streets and Highways Code section 36535(b) authorizes the City Council, upon the conclusion of the public hearing, to order changes in any of the matters provided in the report, including changes in the proposed assessments.

NOW, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. Levying the Annual DBIA Assessment 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)).

2. The City Council confirms that a majority protest, within the meaning of Streets and Highways Code Section 36525, was not made with regard to the proposed assessments.

3. The City Council approves the assessments set forth in the “Proposed Annual Assessment Schedule 2026-2027,” attached hereto as Exhibit A, for the Downtown Business Improvement Area set forth in the “DBIA Boundary Map,” attached hereto as Exhibit B.

4. The City Council confirms the annual report submitted by the Downtown San Mateo Association, as filed and attached to the May 4, 2026 Administrative Report.

5. The City Council authorizes the levying and collection of the 2026-2027 annual DBIA assessments in the amounts shown in the “Proposed annual Assessment Schedule 2026-2027, attached hereto as Exhibit A for the Downtown Business Area set forth in the “DBIA Boundary Map”, attached hereto as Exhibit B.
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Resolution No. (2026)
Annual Renewal Levy
Exhibit A
Proposed Annual Assessment Schedule FY 2026-2027
Retail (Based on Annual Gross Receipts)
Annual Gross Revenue Proposed 2026-27 Previous 2025-26
$0 - $150,000 Zone 1 Zone 2 Zone 1 Zone 2
$200 $100 $200 $100
$150,001 - $400,000 $400 $200 $400 $200
$400,001-$600,000 $800 $400 $800 $400
$600,001-$1,000,000 $1,150 $575 $1,150 $575
$1,000,000+ $1,500 $750 $1,500 $750
Professional (based on number of employees)
Category Proposed 2026-27 Previous 2025-26
Number Of Employees Zone 1 Zone 2 Zone 1 Zone 2
Sole Proprietor,
No employees
$200 $100 $200 $100
1 to 5 Employees $550 $275 $550 $275
6-15 Employees $1,000 $500 $1,000 $500
16-35 Employees $2,300 $1,150 $2,300 $1,150
36-75 Employees $3,050 $1,525 $3,050 $1,525
76+ Employees 1, 2 $3,050 $1,525 $3,050 $1,525
Service (based on number of employees)
Category Proposed 2026-27 Previous 2025-26
Number Of Employees Zone 1 Zone 2 Zone 1 Zone 2
Sole Proprietor,
No employees
$200 $100 $200 $100
1 to 5 Employees $400 $200 $400 $200
6-15 Employees $800 $400 $800 $400
16-35 Employees $1,700 850 $1,700 $850
36-75 Employees $2,300 $1,150 $2,300 $1,150
76+ Employees 3, 4 $2,300 $1,150 $2,300 $1,150
Financial (flat rate)
Category Proposed 2026-27 Previous 2025-26
Zone 1 Zone 2 Zone 1 Zone 2 Financial $1,500 $775 $1,500 $775 See footnote for 1,2,3,4
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Resolution No. (2026)
Annual Renewal Levy
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Resolution No. (2026)
Annual Renewal Levy
Proposed Annual Assessment Schedule FY 2026-2027 (Continued) Retail businesses include but is not limited to businesses that have goods and foods for sale including automotive vehicles and parts dealers, home furnishing stores, jewelers, electronics and appliance stores, building material and garden equipment and supplies dealers, food and beverage stores, fullserve restaurants, limited services restaurants, fast food restaurants, cafeterias, dessert and snack establishments, bars, gasoline stations, clothing and clothing accessories, sporting goods, hobby stores, music instruments, book stores, general merchandise store, wireless phone stores and similar.

Professional businesses include but is not limited to businesses that offer services that are highly specialized and typically require licensing and regulations. Professional service providers and information-based businesses such as software publishers, data processing, network hosting and related services, internet publishing and broadcasting and web search portals, venture capital, insurance agencies and brokerage, real estate agents and brokers, offices of lawyers, accounting, architectural, engineering advertising, translation and interpretation services, veterinary services, offices of physicians, offices of dentists, other health practitioners, and similar.

All businesses classified as Professional shall pay an annual assessment based on the number of fulltime equivalency employees.

Sole Proprietor is defined as a self-employed individual who works for themselves without hiring any employees.

Service businesses include but is not limited to providers of personal and business services such as hair salons, nail salons, lock smiths, dry cleaners, auto service and maintenance shops, gyms, vacuum repair shops, educational, childcare, electronic equipment repair, personal care services, and similar.

All businesses classified as Service shall pay an annual assessment based on the number of full-time equivalency employees.

Financial businesses include but not limited to businesses in the financial industry such as money management, payments, digital banking, banks, savings and loan companies, credit unions, finance companies, and similar.

All businesses classified as Financial shall pay a flat annual assessment.

For Professional and Service businesses, the number of employees shall be determined based on Full Time Equivalent of 40 hours a week as reported on the initial business license application and updated thereafter during the annual business license renewal.

Footnote
1 - $3,050 + $14.00 per employee over 75 employees for Zone 1 2- $1,525 + $10.00 per employee over 75 employees for Zone 2 3 - $2,300 + $10.00 per employee over 75 employees for Zone 1 4 - $1,150 + $7.00 per employee over 75 employees for Zone 2 11104 of 11211
Resolution No. (2026)
Annual Renewal Levy
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Resolution No. (2026)
Annual Renewal Levy
Exhibit B
DBIA Boundary Map
Zone 1 – Shaded parcels
Zone 2 --Parcels outlined in black
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DOWNTOWN

SAN MATEO

ASSOCIATION
PREPARED BY:

MACKENZIE JAKOUBEK
Executive Director
[email protected] / DSMA.org
FISCAL YEAR 2025-26

ANNUAL REPORT
JULY 1, 2025 - JUNE 30, 2026
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ACCOMPLISHMENTS

AT A GLANCE
80+ Downtown
merchants directly
participated in DSMA
sponsored events
More than 50 new
businesses opened in
Downtown San Mateo
Facebook content was
viewed 1.7 million times
Instagram reached
55,000 accounts

DOWNTOWN SAN MATEO

ASSOCIATION SUMMARY
The Downtown San Mateo Association (DSMA) remains
steadfast in its mission to maintain and enhance the
attractiveness and vibrancy of Downtown San Mateo.

Since 1986, DSMA has managed the Downtown Business
Improvement District, providing vital support to local
merchants and fostering a thriving, connected community.

Downtown San Mateo continues to serve as a center for
business and leisure, attracting visitors from throughout the Bay Area with its history, diverse community, renowned
culinary scene, and optimal location on the San Francisco Peninsula.

This fiscal year, Downtown San Mateo continued to feel
active and energized, particularly on weekends and during community events. Under the leadership of the Board of
Directors and Executive Director Mackenzie Jakoubek,
DSMA strengthened collaboration, governance, and
strategic oversight while continuing to prioritize community engagement as a key activation strategy. Increased
participation in regional events, new family-friendly
programming, and expanded partnerships helped further
elevate Downtown’s visibility and sense of place.

DSMA also focused on organizational health and
sustainability in FY2025–26, completing a financial review with Pettinelli Financial Partners to support strong fiscal management and transparency. With new Board
leadership in place and a continued emphasis on
partnerships, marketing, and public space activation,
DSMA is well-positioned to build on its momentum.

Strategic investments in cleanliness, beautification, and business support will ensure Downtown remains a
welcoming destination for residents, visitors, and
businesses alike.
$100k used for
Downtown clean-up &
beautification efforts
MAY 2026
53,000 visits to
DSMA.org
53,000 visits to
DSMA.org
35 submissions to our
online contact form
used for safety and
cleanliness requests
and other needs
Reached 10,000
Facebook followers
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Nestled in the heart of the San Francisco Peninsula, Downtown San Mateo has once again proven to be a vibrant intersection of history, innovation, and community. Over this past fiscal year, the district hasn’t just maintained its unique character—it has deepened its impact, thriving as a welcoming, dynamic destination for residents and visitors alike.

At the center of this growth is the Downtown San Mateo Association (DSMA). Since 1986, when we were first designated by the City Council to manage the Downtown Business Improvement District, our mission has remained steadfast: to foster an environment where local merchants succeed and the community connects.

We take immense pride in the work accomplished throughout FY 2025–26. By focusing on intentional programming, robust business support, and community-driven events, we have amplified the energy in our streets. The vitality we experienced this year was no accident, it was the result of a commitment to collaboration, strategic activation, and the shared belief that a strong downtown is the heart of a strong San Mateo.

FY 2025-26 ANNUAL REPORT

INTRODUCTION
MAY 2026 2
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DSMA’s efforts to raise the levels of energy
and community engagement is now
attracting high-caliber partners and new
events eager to be part of that success.

While we celebrate these wins, we remain
clear-eyed about the challenges that define
the current economic climate. FY2025–26
was marked by a mix of pressures. Broader
economic uncertainty, specifically rising
costs for groceries and food supplies,
impacted our business community. We have
heard from some merchants that revenue
has fluctuated compared to the previous
year, as the rising cost of living influences
consumer spending habits and foot traffic
patterns. In addition, we continue to see
slower weekdays and busy weekends, a
reflection of the hybrid work model.

Despite these headwinds, the outlook for
Downtown San Mateo remains positive.

When new entrepreneurs choose to open
their doors here, they consistently cite our
commitment to cleanliness and safety, our
welcoming community spirit, and the
undeniable "vibe" that makes this district a
standout on the Peninsula and broader Bay
Area.
"There’s a lot of vibes here."
- Overheard in Downtown San Mateo
This quote captures the pulse and attraction
of Downtown San Mateo, and it’s a
sentiment we hear often, if not those exact
words. As a central hub on the San Francisco
Peninsula, our district remains a premier
destination for commerce, leisure, and
community connection.

Our district is evolving in exciting ways.

Notably, this fiscal year saw the arrival of
new, high-profile businesses like Molly Tea,
Reposado, Whisper, Johnny’s, Tai Er, and
others that have boosted overall foot traffic.

Perhaps most exciting is our growing
entertainment options: the opening of two
arcade venues (Nakoko and Clawesome)
and an indoor children’s play center (Kiddo
Adventure) have added family-friendly fun to
our already robust culinary scene. Overall,
we saw more than 50 new businesses open
in Downtown San Mateo over the past year.

Further anchoring this vibrancy is the
continued success of the B Street pedestrian
mall. It remains a beloved community
centerpiece, serving as a social "living room"
that proves how essential safe, walkable
public spaces are to a thriving downtown.

This vibrancy has not gone unnoticed;
FY 2025-26 ANNUAL REPORT

DOWNTOWN SAN

MATEO OVERVIEW
MAY 2026 3
Downtown San Mateo, as defined by our Business Improvement District charter, is made up of businesses located within Tilton Ave and 9th Ave and just past El Camino Real all the way to El Dorado. This footprint is approximately 7 square blocks, and includes approximately 600 businesses.
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The Downtown San Mateo Association
(DSMA) continues to strengthen its role as a
champion for Downtown’s businesses and
community. The updated Business
Improvement District (BID) assessments,
approved by City Council in 2022, have
enabled DSMA to expand operations and
better support the district. These resources
remain essential to maintaining a clean, safe,
and vibrant Downtown while fostering strong
partnerships with the City of San Mateo and
local organizations.

FY2025–26 also marked a year of transition
and growth for DSMA’s Board of Directors.

This fall, the organization voted Mark Bartos
(Bartos Architects), Rafat Haddad (3 Bees
Coffee), Debbie Soon (Self Help for the
Elderly), and Damon Zhao (Cathay Bank) in
as new Board members. Colleen Rafferty
(Christensen & Rafferty Fine Jewelry) served
as Interim President for approximately three
months, providing continuity and leadership
ahead of Board elections in January 2026.

FY 2025-26 ANNUAL REPORT

DSMA OVERVIEW
MAY 2026 4
Following the elections, DSMA welcomed a
new Executive Committee, with Rafat
Haddad serving as President, Lorry Morales
(La Pinata) as Vice President, and Cathy
Levitt (Tri Counties Bank) as Treasurer.

We have re-energized our Beautification and
Cleanliness Committee, now led by Chair
Robert Anderson. The committee's mission is
to monitor the aesthetics of Downtown San
Mateo and identify areas where the DSMA,
the City of San Mateo, and other
stakeholders can improve.

To support strong governance and fiscal
stewardship, DSMA completed a financial
review of fiscal years 2023-24 and 2024-25
with Pettinelli Financial Partners (PFP). This
review, included as an attachment to this
report, analyzed our financial position, cash
flow, and operating results. PFP found that
DSMA remains financially stable with strong
liquidity, declining liabilities, and positive
operating cash flow. The report reflects our
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organization’s ongoing commitment to
transparency and sound financial
management.

In addition to organizational advancements,
DSMA expanded its programming and
community presence. Highlights included a
Santa visit, creating a new family-friendly
holiday tradition, and increasing participation
and support for the San Mateo Area
Chamber of Commerce’s September Arts &
Culture Fest. As part of this effort, DSMA
introduced its new mascot, Mateo the Fox.

Looking ahead, DSMA remains committed to
expanding marketing initiatives, activating
public spaces, and fostering a thriving
business environment through strong
leadership, partnerships, and communityfocused programming.

Collaboration remains a central strategy,
with DSMA working closely alongside
partners including San Mateo Parks &
Recreation, the City Manager’s Office, SelfHelp for the Elderly, San Mateo County Office of Arts & Culture, Age-Friendly San
Mateo, the San Mateo Area Chamber of
Commerce, and many BID members to bring
increased activity, events, and resources to
Downtown.

FY 2025-26 ANNUAL REPORT
MAY 2026 5
President, Rafat Haddad, 3 Bees Coffee
Vice President, Lorry Morales, La Pinata
Treasurer, Cathy Levitt, Tri Counties Bank
Robert Anderson, Downtown Resident and
retired San Mateo PD
Mark Bartos, Bartos Architecture
Steve Carey, LifeMoves
Colleen Rafferty, Christensen & Rafferty
Fine Jewelry
Debbie Soon, Self Help for the Elderly
Joe Sully, Downtown Property Owner
Jillian Thomas, Mills-Peninsula Medical
Center
Susan Uzunoglu, Susan’s European Beauty
Damon Zhao, Cathay Bank
Mackenzie Jakoubek, Executive Director,
DSMA

DSMA BOARD
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DSMA activities focus on Community Engagement, BID Member Engagement, and Civic Partnership.

FY 2025-26 ANNUAL REPORT

DSMA FOCUS AREAS

COMMUNITY

ENGAGEMENT
Community engagement focuses on events and marketing. The goal is to drive traffic Downtown and connect the community with our wonderful and diverse businesses. The primary audiences for community engagement are Downtown workers, San Mateo and Peninsula residents, and visitors to local hotels and events.

Community Events & Activations, Fiscal Year 2025-26
HEAD WEST Marketplace (Jul 20, Aug
17, Sep 21, Oct 19, Nov 30, Mar 21, Apr 18,
May 16, Jun 20): HEAD WEST
Marketplace, with the support of DSMA,
brought 30-50 makers, crafter, artists,
and other local vendors to B Street the
third Sunday of every month. Downtown
visitors were delighted with the variety of
shopping opportunities in Downtown
San Mateo.

Downtown Express (Aug 3): DSMA and
sponsor Florian Orthodontics brought
kid-sized fun to the Farmer’s Market with
the San Mateo Express. The first 200
kids got an extra treat of free ice cream
from Cold Stone Creamery or Chill Spot
Rendezvous.

Reyna y su Trio (Aug 16): Roving
Mariachi, Reyna y su Trio, delighted
North B businesses and customers with
their beautiful traditional Mexican music.

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FY 2025-26 ANNUAL REPORT
September Nights on B (Sep 11 & 18): A
Downtown San Mateo favorite! DSMA
supported these lively City sponsored
concerts through funding, promotion,
and participation.

San Mateo Arts & Culture Fest (Sep
28): DSMA was proud to step up as a full
partner in this San Mateo signature event
along with the San Mateo Area Chamber
of Commerce and the San Mateo County
Office of Arts & Culture. The Fest offered
a variety of live music, cultural
entertainment, local arts, and even a live
mural painting competition. This year,
DSMA created a scavenger hunt for kids
and brought out a real-life Mateo the Fox
mascot.

Jazz on B Street with Swingatto (Oct
4): Back by popular demand, Swingatto
filled the B Street pedestrian mall with
their lively acoustic tunes
BOOs and Brews on B Street & Trick
or Treating (Oct 25): A close
collaboration between the City of San
Mateo’s Parks & Recreation Department
and DSMA, BOOs and Brews on B Street
welcomed hundreds of kids to the B
Street and Cinema Plaza to enjoy games,
a creepy-crawly petting zoo, crafts, a
selfie station, and other Halloween
activities. DSMA coordinated with 40
Downtown merchants who provided
candy to adorable trick-or-treaters.

Small Business Saturday & Jazz on B
Street with the Melodic Outreach
Endeavor (Nov 29): Aragon High School
students coordinated our entertainment,
bringing two jazz bands and one vocal
ensemble to delight Small Business
Saturday shoppers. DSMA was there to
share information about Shop Small to
Win Big! and talk all things small
business with the community.

Sounds of the Season with Business
Casual (Dec 6): Award-winning a
cappella group, Business Casual,
brought their signature style, fusing
holiday and contemporary favorites.

Community organizers held the Santa
Mateo scavenger hunt the same night,
leading to an unmatched evening of
holiday cheer in San Mateo.

Las Posadas (Dec 7): The merchants of
North B Street welcomed their loyal
customers and Holiday Train visitors to
their storefronts with warm cider, gift
bags, and other treats. Spanishlanguage Christmas carolers sang throughout the block. The event was
coordinated by the North B merchants
with DSMA support.

MAY 2026 7
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Downtown San Mateo Boba Day
(April 26): Boba fans from around the
Bay Area enjoyed specials, giveaways,
and treats at Downtown San Mateo
boba shops and other retailers. Chef
Martin Yan, Wendy Hsu, and Mayor
Adam Loraine selected the “Judges’
Choice” winner after tasting boba from
around the district. DSMA and
supporting partners provided fun
activities on B Street for families and
took votes for “Downtown San Mateo’s
Favorite Boba 2026.”
Mother’s Day pop up (May 10): DSMA
provided a beautiful backdrop for family
photos on Mother’s Day.

Love Local (May 30): Celery Retail, with
support from DSMA, brought local
vendors and family-friendly activities to
B Street to help kick off the summer.

FY 2025-26 ANNUAL REPORT
Holiday Train “Celebration Station”
(Dec 7): While community members
waited to board Caltrain’s Holiday Train,
DSMA hosted entertainment from
Melodic Outreach Endeavor, the
Peninsula Dance Academy, Core
Taekwondo, and the Hillsdale High
School Chamber Singers, plus balloon
twisting from Joy in the Air Balloons.

Santa in Downtown San Mateo (Dec
21): Santa and his elf posed for photos
with San Mateo families at Lions Den
Shave Parlor and 3 Bees Coffee, thanks
to a partnership with Izzo Family Therapy.

Lunar New Year (Jan 24): Our third
annual Lunar New Year in Downtown
San Mateo provided an opportunity to
welcome the year of the horse with our
community and collaborate with many
local businesses and organizations.

Sponsors and supporters included
Florian Orthodontics, the City of San
Mateo, San Mateo Parks and Recreation
Department, and the San Mateo Area
Chamber of Commerce. Booth
participants included Self-Help for the
Elderly, the Asian American Curriculum
Project, Tri Counties Bank, CAM Edu, and
the San Mateo Public Library. Our Lion
Dance parade stops were Anton SV
Patisserie, East West Bank, Kiddo
Adventure, Taste of Sha Xian, Cathay
Bank, Superstar Dim Sum, Y Salon, My
Dumpling, Revolution Hair Studio,
SimplyCake, Fanloli, Nakoko, Dough
Zone, and Susan European Beauty.

San Mateo Sports Warm Up (Feb 7):

The CSM Bulldogs football team (backto-back state champs!), the Belmont Brass Wrists arm wrestling league, and
our sponsor, Perform for Golf, helped the
community enjoy some friendly, sporting
competition on a beautiful Saturday in
Downtown San Mateo.

MAY 2026 8
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Wow that’s cool! Didn’t
realize we have So many
great activities!
Due to your input the downtown mall is
buzzing and I believe will only get to be
more of an attraction in San Mateo.
-Charlie Chin
Resident & Musician
San Mateo. pleasant
surroundings. good food
and drink. walkable. lively.
unpretentious.

So many wonderful events in
Downtown San Mateo!
Going downtown today made me
proud to be a San Mateo
resident. B Street was packed,
Central Park was buzzing, and it
was full of diversity of all kinds.

COMMUNITY FEEDBACK
MAY 2026
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Marketing & Brand Engagement
In FY2025–26, the DSMA executed a multi-channel marketing strategy designed to amplify the Downtown San Mateo brand. By blending digital storytelling with physical placements, we ensured that our district remained a top-of-mind destination for residents and regional visitors.

Digital Strategy & Social Growth
Our digital platforms serve as the "virtual front door" to the district. We reached a major milestone in February 2026, surpassing 10,000 Facebook followers. Our content strategy focused on information sharing and visual storytelling, utilizing professional photography and video to capture the "vibe" of our storefronts and public space while sharing important business updates.

Audience Expansion: We saw remarkable year-over-year growth, gaining 2,800 Instagram followers and 2,100 Facebook followers. Facebook page visits increased by 47%, while Instagram engagement rose by 19%.

Direct Communication: Our email outreach continues to be a vital tool for both the public and our merchants. Subscription rates for our community newsletter grew by 21%, while our business member newsletter saw an 8% increase.

Web Performance: Between March 2025 and February 2026, our website remained a critical resource. The most-visited pages included our Home Page, the Restaurant Guide, and the 2025 Boba Day landing page. Most visits resulted from Google searches, but we were also pleased to see referrals from the City of San Mateo’s website as well as other local digital resources like Klabbit and San Mateo Scoop.

Impactful Campaigns: We introduced a successful recurring feature, “What’s Happening Downtown this Weekend,” which provided consistent, actionable value to our followers.

Other recurring campaigns like “Reviewsday Tuesday” and “Sunday Blast from the Past” continue to appeal to our audiences.

Advertising & Outreach
Beyond the screen, we maintained a strong physical presence throughout the Peninsula. Our advertising efforts focused on meeting potential visitors where they live and play.

Outdoor Marketing: We placed high-visibility posters and print ads at high traffic locations, including San Mateo On Ice, the Autumn Moon Festival, and Eggstravaganza. We also utilized a marquee ad during the San Mateo County Fair to capture peak seasonal crowds.

The Restaurant Guide: Our premier physical asset, the Downtown San Mateo Restaurant Guide, was updated and distributed through local businesses, community events, and Peninsula hotels, reinforcing our status as a "foodie’s paradise." Targeted Media Partnerships: To draw in neighboring communities, we secured paid advertisements and community features in the Palo Alto Daily Post (notably for the HEAD WEST Marketplace) and San Mateo Scoop.

Event Promotion: Comprehensive flyer and poster campaigns were deployed throughout the district and surrounding cities to drive attendance for DSMA signature events.

Face-to-face: DSMA Leadership spoke with groups such as the Assistance League to share exciting updates to our Downtown. Word of mouth continues to be a significant way to get the word out about the vibrancy of Downtown San Mateo.

FY 2025-26 ANNUAL REPORT
MAY 2026 10
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Palo Alto Daily Post, Nov 2025
FY 2025-26 ANNUAL REPORT
MAY 2026 11
San Mateo Scoop, Mar 2026
PIASC Pensogram, Mar 2026
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FY 2025-26 ANNUAL REPORT

BID MEMBER

ENGAGEMENT
Small Business Saturday & "Shop Small to Win Big!"
We collaborated with the San Mateo Area Chamber of Commerce on the second annual “Shop Small to Win Big!” campaign. By incentivizing local spending between November 28 and December 12, we successfully drove shoppers to our independent retailers and more importantly, helped build long-lasting excitement around shopping small.

The Incentive: A coveted prize drawing featured donations from eight local favorites, including Golden Moon Gallery, Porterhouse, and Elements Massage.

Digital Storytelling: We partnered with filmmaker Gary Magill to produce short-form videos featuring Anatolian Market and Golden Moon Gallery (plus two businesses outside of Downtown), which brought the human stories behind our storefronts to life on YouTube and DSMA.org.

Community Presence: Small Business Saturday was further activated by our "Sounds of the Season" event, which featured live performances from student musicians from Aragon High School.

While membership in the Business Improvement District (BID) is automatic for those with a district address, the DSMA worked throughout the year to ensure that awareness and participation translated into real value. In FY 2025–26, we focused on delivering results for our diverse business community through high-visibility campaigns, networking opportunities, and direct support.

MAY 2026 12
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Connecting Businesses to the Community
The DSMA focused on connecting merchants with the community through creative, eventbased partnerships:

Santa Visit: Lions Den Shave Parlor and Izzo Therapy collaborated with us to host Santa Claus for photos, while 3 Bees Coffee served as the vital hub for children’s letters to the North Pole.

Lunar New Year: Our third annual Lunar New Year festivities saw 14 businesses participate as official parade stops. Lion Dancers performed at their storefronts and businesses engaged visitors through dedicated booth participation.

The Downtown Express: Sponsored by Florian Orthodontics, this kids' train event integrated Cold Stone Creamery and Chill Spot Rendezvous, driving families directly to their doors for complimentary treats.

San Mateo Sports Warm Up: Perform for Golf served as a sponsor, bringing a putting green to B Street and successfully converting event-goers into in-store visitors.

Trick or Treat Spots: 40 businesses participated in Boos and Brews on B Street, bringing potential customers right to their storefronts.

Business Support & Recognition
Our year-round support initiatives included:

One-on-one Support: DSMA leadership met with both prospective and current Downtown businesses to address specific needs and issues. The topics covered a wide range, including searching for available storefronts, proposing collaborations, troubleshooting inconsistent foot traffic, and assisting with outreach to social media content creators.

FY 2025-26 ANNUAL REPORT
MAY 2026 13
New Business Outreach: New businesses
received a welcome packet and a direct
line to DSMA support, ensuring they were
invited to participate in meetings and
district events.

Celebrating Vibrancy: We recognized
holiday spirit with the “Best Holiday
Decorating 2025” awards, with top honors
going to Espetus, Lions Den Shave Parlor,
and Bay Watch.

Networking & Advocacy: In partnership
with the San Mateo Area Chamber of
Commerce, we co-hosted the "Mix &
Mingle" to foster essential business-tobusiness connections.

Direct Communication: Our monthly
Member News email reached over 600
subscribers and maintained a consistent
50%+ open rate, serving as a critical
resource for business tools, resources, and
news.
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FY 2025-26 ANNUAL REPORT
CIVIC

PARTNERSHIP
The DSMA served as a vital liaison between the district and the City of San Mateo. By working routinely with Public Works, Parks & Recreation, the San Mateo Police Department, and the City Manager’s Office, we helped to ensure that the needs of Downtown were heard. Additionally, we were able to disseminate important messages from the City of San Mateo to our members.

MAY 2026 14
Downtown Beautification, Cleanliness, and Safety
In FY 2025–2026, we took a proactive approach to maintaining the district’s "curb appeal" and ensuring a welcoming environment for all visitors:

Dedicated Maintenance: We funded daily porter services seven days a week to address litter and immediate cleanliness issues and as-needed “hot spot” power washing.

Targeted Sanitation: The DSMA Beautification & Cleanliness Committee conducted regular district "walk-arounds" to identify maintenance gaps. We coordinated extra power washings for identified "hot spots" to supplement standard City services.

Community Feedback: We maintained an online reporting tool on DSMA.org, allowing the community to submit real-time cleanliness and safety suggestions and concerns.

Safety Coordination: We held regular communications with the San Mateo Police Department to enhance the security and safety of the district.

Visual Enhancements: To boost holiday vibrancy, we expanded our festive banner program beyond B Street to include 3rd and 4th Avenues and hosted the "Best Holiday Decorating" awards.

Future Aesthetics: We initiated high-level discussions with stakeholders regarding the creation of art murals on private property to further activate our streetscape.

Advocacy
Beyond maintenance, the DSMA acted as a strategic partner in regional and city initiatives:

Regional Event Planning: We met regularly with stakeholders to prepare for the excitement of large-scale Bay Area sporting events in 2026.

Resource Facilitation: We led business outreach for City programs, including Age-Friendly San Mateo, small business grant opportunities, flood prevention, and emergency preparedness.

Promotional Support: We served as a marketing megaphone for City-sponsored events such as the Central Park Music Series, Winter Wonderland, Eggstravaganza, and September Nights on B.

Problem Solving: We acted as a first point of contact for business concerns, resolving issues directly or facilitating connections with the appropriate civic departments to find solutions.

Stakeholder Buy-in: We hosted monthly discussions during DSMA Board meetings.

Discussions included representatives such as SamTrans, Public Works, and the Police Department to ensure our members had a seat at the table for decisions that impact them directly.
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FY 2025-26 ANNUAL REPORT
Successful:

Completed a third-party financial review to ensure transparency and fiscal responsibility.

Provided supplemental power washing and daily porter services to maintain a standard of cleanliness beyond baseline city services.

Executed a robust calendar of pop-ups and signature events on the B Street Pedestrian Mall, driving energy and visibility to the district.

Maintained deep partnerships with City staff and conducted regular "walk-arounds" with the Board and stakeholders to identify and resolve maintenance issues.

Refreshed and distributed the Downtown San Mateo Restaurant Guide and the Your Role in a Clean Downtown brochure.

Provided financial and promotional support for regional highlights, including Music in the Park, San Mateo County Pride, and September Nights on B Street.

Maintained a consistent print advertising schedule in the San Mateo Daily Journal.

Continuing Efforts:

We are actively recruiting new Board members and refining participation guidelines to ensure diverse and engaged leadership.

Work continues on campaigns to broaden the Downtown brand’s reach beyond the immediate San Mateo area.

We are focused on strengthening collaborations with local organizations and building relationships with developers and tech companies entering the district.

Efforts to expand digital advertising and introduce new features to DSMA.org are ongoing, with success measured via Google Analytics.

Maintaining regular representation at City Council, Commission meetings, and other meetings to advocate for Downtown San Mateo remains a priority.

Delayed:

The exploration of a college internship or other part time help for DSMA operations has been deferred to a future cycle.

Downtown Specific Plan support will begin when the City kicks off this initiative.

PERFORMANCE AGAINST GOALS: FY 2025–26
GOALS
The nature of the DSMA’s work is one of continuous improvement; even tasks marked "Successful" need ongoing attention and maintenance. Below is a status report on the strategic priorities established for the 2025–2026 fiscal year.

MAY 2026 15
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PLANS FOR FY 2026-27 AT A GLANCE
Increase budget for
cleanliness and
beautification by 25%
Encourage Downtown
business participation
in cleanliness and other
community initiatives
Update by-laws and
enhance board
participation through
clear communication
and defined goals
Increase marketing &
activation budget,
magnifying the
Downtown San Mateo
brand
Under the leadership of our new Board President, Rafat Haddad, the DSMA mission for the coming year is crystal clear: To ensure Downtown San Mateo is clean, safe, and vibrant. To achieve this vision, we have established the following priorities for FY 2026–27:

Governance & Leadership Excellence
Implement clear communication regarding the specific roles and responsibilities of Board members as ambassadors for the DSMA.

Enhance Board meeting structures to further streamline information-sharing and accelerate decision-making while encouraging participation.

Update the DSMA bylaws to reflect the current best practices and the evolving needs of a 2026 business environment.

FY 2025-26 ANNUAL REPORT
MAY 2026 16
LOOKING AHEAD:

GOALS FOR FY 2026–27
Community & Committee Reinvigoration
Reenergize the Cleanliness and Beautification
Committee and build specialized task forces to
tackle specific district goals.

Increase direct touchpoints between the Board
and BID members to ensure our initiatives
remain aligned with merchant needs.

Encourage storefront owners to take an active
role in Downtown’s appeal through a “lead by
example” sidewalk maintenance initiative and
sharing professional cleaning resources.
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FY 2025-26 ANNUAL REPORT

PROPOSED DOWNTOWN EVENT CALENDAR
FISCAL YEAR 2026-27
Events supported by, not co-sponsored or hosted by DSMA are in italics July 11 & 12: Bay Area Fit Fest
July 18: HEAD WEST Marketplace
July 19: Bay Area Moms Back to School
Bash
August 1 & 2: Clawesome Family Fest
August 15: HEAD WEST Marketplace
September 10 & 17: September Nights on
B
September 19: HEAD WEST Marketplace
September 26: San Mateo Arts & Culture
Fest (with San Mateo Area Chamber &
SMC Office of Arts & Culture)
October 17: HEAD WEST Marketplace
October 24: BOOs on B Street (with
Parks & Rec)
November 21: HEAD WEST Marketplace
November 28: Small Business Saturday
pop up
(Tent) December 5: Las Posadas (North
B Merchants event with DSMA support)
December 5: Winter Wonderland (DSMA
supporting)
MAY 2026 17
December 5: Santa Mateo (DSMA
supporting)
December 19: HEAD WEST Marketplace
January 23 (tentative date): Lunar New
Year
January: Peninsula Restaurant Week (SF
Peninsula campaign)
February 14: Valentine’s Day pop up
February (date TBD): Pop up event
March (date TBD): Pop up event
March (date TBD): HEAD WEST
Marketplace
April (date TBD): HEAD WEST
Marketplace
Late April (date TBD): Downtown San
Mateo Boba Day
May 10: Mother’s Day pop up
May (date TBD): HEAD WEST
Marketplace
June (date TBD): HEAD WEST
Marketplace
June (date TBD): Pop up event
Additional pop up events may be added as budget and schedules allow. 11124 of 11211
FY 2025-26 ANNUAL REPORT
BUDGET
Fiscal Year 2025–26 marked DSMA’s third year operating under the updated assessment structure approved by the City Council. Revenue in FY2023–24 ($443k) came in higher than budgeted, due in part to an $11,000 grant and adjustments related to assessment billing.

Revenue in FY2024–25 declined as those assessments were reconciled. The final revenue collected in FY2025–26 is expected to more closely reflect the intended assessment levels.

Event sponsorships were another source of revenue this year. Since gifts to DSMA are not taxdeductible, we keep sponsorship fees low and use them more as a marketing tool and way to engage our BID members. They help to subsidize events, but do not cover costs entirely.

Less than one percent of DSMA income came from interest on one savings account and one CD.

Interest had not previously been included in the revenue reporting. We expect interest income to remain relatively insignificant in the next fiscal year.

The expense highlights are:

Marketing and Activation
Community events: Budget is increasing from $35k to $40k to improve on recurring events and give some room for additional pop up events.

Advertising and Promotion: Increasing this budget to $60k to build digital and print advertising
Banners: The large expense in FY2025-26 was due to printing new holiday banners for 3rd and 4th Aves. Going forward, we will only have to pay for banner storage and installation each year.

Civic Partnership
Downtown Cleaning & Beautification: The porter and power washing budget will increase slightly for next year, and we are adding a line item for beautification projects to improve the appeal of our Downtown.

Payroll & Professional Services: The budget includes a small increase, allowing for a cost of living raise for the Executive Director.

A contingency fund for unplanned expenses
We maintain a cash reserve of approximately $350,000 (as of March 27, 2026) held in a money market account and a CD. DSMA has historically used reserves to support Downtown businesses during periods when assessment levels were intentionally reduced, such as during COVID-19. Given the current economic uncertainty with rising costs, maintaining a healthy reserve provides flexibility to respond to future challenges and continue supporting the business community as needed.

ESTIMATED INCOME AND
EXPENSES FOR FY 2026-27
MAY 2026 18
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FY 2025-26 ANNUAL REPORT
MAY 2026 19
DSMA is incredibly grateful for the use of office space granted by the City of San Mateo. We redirect that savings towards programs that support our mission. While DSMA doesn’t utilize any city equipment, the shared space fosters a closer relationship between DSMA, the City, and Downtown businesses. We would like to express our sincere gratitude to the City for providing the shared space and for its ongoing support and partnership. 11126 of 11211
Downtown San Mateo Association

REVIEWED FINANCIAL STATEMENTS
AND

SUMMARIZED FINANCIAL STATEMENTS
FOR FISCAL YEARS ENDED JUNE 30, 2024 & 2025
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TABLE OF CONTENTS
• Independent Financial Review Report
• Executive Financial Summary
• Statement of Activities – Financial Overview
• Statement of Financial Position – Financial Overview
• Statement of Cash Flows – Financial Overview
• Notes on Financial Statements
o Organization
o Summary of Significant Accounting Policies
o Liquidity and Availability of Financial Assets
o Concentration of Credit Risk
o Subsequent Events
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INDEPENDENT FINANCIAL REVIEW REPORT
Overview of Financial Review
Pettinelli Financial Partners has reviewed the accompanying financial statements of the Downtown San Mateo Association (“DSMA”), which include the Statement of Financial Position as of June 30, 2025, and the related Statements of Activities and Cash Flows for the fiscal years ended June 30, 2025 and June 30, 2024.

This management financial review was conducted for the purpose of providing DSMA’s Board of Directors and key stakeholders with a clear, accurate, and transparent overview of the organization’s financial position, operating performance, and liquidity. This review is substantially less in scope than an audit or accountant’s review and does not express an opinion or provide assurance regarding the financial statements.

Management’s Responsibility for the Financial Statements Management of the Downtown San Mateo Association is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America applicable to nonprofit organizations.

This responsibility includes:
• The design, implementation, and maintenance of internal controls relevant to the preparation of financial statements that are free from material misstatement, whether due to fraud or error
• The selection and consistent application of appropriate accounting policies • The preparation of accounting estimates that are reasonable in the circumstances 11129 of 11211
Pettinelli Financial Partners’ Responsibility
Our responsibility as the financial review team is to perform a management-level financial review of DSMA’s financial statements and supporting schedules based on information provided by management.

Our review procedures consisted primarily of:
• Reviewing internally prepared financial statements for consistency across reporting periods
• Comparing year-over-year financial results to identify material variances and trends • Evaluating the reasonableness of reported balances based on historical patterns and supporting documentation
• Reviewing cash activity and balance sheet changes to ensure internal consistency across statements
This financial review does not include performing audit procedures, testing internal controls, confirming balances with third parties, or expressing an opinion or any level of assurance on the financial statements.

Based on our review, we are not aware of any material misstatements that require modification to the accompanying financial statements in order for them to be presented fairly, in all material respects, for the periods reviewed. 11130 of 11211

EXECUTIVE FINANCIAL SUMMARY
Financial Position
As of June 30, 2025, the Downtown San Mateo Association reported total assets of $409,243, consisting primarily of cash and cash equivalents. Total liabilities declined significantly to $401, resulting in total net assets of $408,842. The organization continues to maintain a strong liquidity position with minimal liabilities.

Operating Results
Total income decreased to $393,342 in fiscal year 2025 compared to $443,174 in fiscal year 2024. Total expenses increased to $332,408 from $293,976 over the same period. Net income totaled $64,038 in fiscal year 2025, reflecting a year-over-year decrease of approximately 57% following a strong surplus in fiscal year 2024.

Liquidity and Cash Flow
Net cash provided by operating activities totaled $63,904 in fiscal year 2025. Despite lower operating cash flow compared to fiscal year 2024, DSMA continued to generate positive cash from operations, supporting ongoing programs and administrative activities.

Summary
Overall, DSMA remains financially stable with strong liquidity, declining liabilities, and positive operating cash flow. The organization is well positioned to meet its ongoing operational needs while managing revenue variability and expense trends. 11131 of 11211

STATEMENT OF ACTIVITIES
Financial Overview
The Statement of Activities summarizes DSMA’s operating performance for the fiscal years ended June 30, 2025, and June 30, 2024.

Total income decreased from $443,174.19 in fiscal year 2024 to $393,342.24 in fiscal year 2025, driven primarily by sponsorship and program-related revenues. Total expenses increased from $293,975.52 to $332,408.21, reflecting higher overall operating costs. The increase in operating costs is primarily related to marketing, business development, and downtown clean-up expenses.

Net income declined from $149,886 in fiscal year 2024 to $64,038 in fiscal year 2025, representing a decrease of approximately 57% year over year. This decline reflects normalization following a strong prior-year surplus rather than deterioration in core operations.
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Downtown San Mateo Association
Statement of Activities
Fiscal Year End June 30
Support & Revenue 2024 2025 Change
Bid Income/ Assessments $ 431,225.53 $ 389,723.58 $ (41,501.95) Donations $ 11,350.00 $ - $ (11,350.00)
Sponsorships/Events $ 500.00 $ 3,618.66 $ 3,118.66
Unapplied Cash payment Income $ 98.66 $ - $ (98.66)
Total Income $ 443,174.19 $ 393,342.24 $ (49,831.95)
Cost of Sales $ - $ -
Gross Profit $ 443,174.19 $ 393,342.24 $ (49,831.95)
Expenses
Administration Expense $ 3,660.61 $ 3,922.26 $ 261.65
Banners $ 7,473.73 $ 8,987.23 $ 1,513.50
Board Expense $ 1,126.13 $ 954.69 $ (171.44)
Depreciation Expense $ 287.00 $ - $ (287.00)
Downtown Clean-Up $ 79,518.89 $ 99,397.71 $ 19,878.82
Event Expense $ 12,433.85 $ 21,086.85 $ 8,653.00
Gifts $ 767.90 $ - $ (767.90)
Insurance Expense $ 1,312.00 $ 5,759.00 $ 4,447.00
Online Marketing $ 16.98 $ - $ (16.98)
Meals & Entertainment $ 649.83 $ - $ (649.83)
Marketing & Business Development $ 18,406.44 $ 35,038.61 $ 16,632.17 Education Expense $ 150.00 $ 750.00 $ 600.00
Taxes & Licenses $ 836.82 $ 1,048.00 $ 211.18
Payroll Expense $ 144,330.34 $ 150,851.36 $ 6,521.02
Professional Services Expense $ 18,885.00 $ 4,612.50 $ (14,272.50) Repair & Maintenance $ 1,620.00 $ - $ (1,620.00)
Sponsorship $ 2,500.00 $ - $ (2,500.00)
Total Expenses $ 293,975.52 $ 332,408.21 $ 38,432.69
Net Operating Income $ 149,198.67 $ 60,934.03 $ (88,264.64) Other Income $ 687.50 $ 3,104.24 $ 2,416.74
Other Expenses $ - $ - $ -
Net Income $ 149,886.17 $ 64,038.27 $ (85,847.90)
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STATEMENT OF FINANCIAL POSITION
Financial Overview
The Statement of Financial Position presents the financial condition of DSMA as of June 30, 2025, and June 30, 2024.

Total assets increased to $409,530 as of June 30, 2025, compared to $355,167 as of June 30, 2024. Assets consist primarily of cash and cash equivalents.

Total liabilities declined from $10,363 in fiscal year 2024 to $401 in fiscal year 2025. Total net assets increased accordingly to $408,842.

Cash and cash equivalents are maintained across two Heritage Bank of Commerce (HBOC) accounts and one TCBK account.
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Downtown San Mateo Association
Statement of Activities and Changes in Assets & Liabilities Fiscal Year End June 30
Assets 2024 2025 Change
Current Assets
Cash and Cash Equivalents $ 317,871.16 $ 381,774.95 $ 63,903.79 Accounts Receivable $ 36,155.48 $ 26,327.96 $ (9,827.52) Inventory $ 1,427.28 $ 1,427.28 $ -
Prepaid Expenses $ - $ - $ -
Total Current Assets $ 355,453.92 $ 409,530.19 $ 54,076.27 Property & Equipment
Depreciation $ (287.00) $ (287.00) $ -
Total Assets $ 355,166.92 $ 409,243.19 $ 54,076.27
Liabilities
Current Liabilities
Accounts Payable $ 10,363.20 $ 100.00 $ (10,263.20)
Total Accounts Payable $ 10,363.20 $ 100.00 $ (10,263.20) Credit Cards
TCBK Visa $ - $ 301.20 $ 301.20
Total Credit Cards $ - $ 301.20 $ 301.20
Total Liabilities $ 10,363.20 $ 401.20 $ (9,962.00)
Equity
Unrestricted $ 194,917.55 $ 344,803.72 $ 149,886.17
Net Income $ 149,886.17 $ 64,038.27 $ (85,847.90)
Total Equity $ 344,803.72 $ 408,841.99 $ 64,038.27
Total Equity & Liabilities $ 355,166.92 $ 409,243.19 $ 54,076.27 11135 of 11211

NOTES TO FINANCIAL STATEMENTS

ORGANIZATION
The Downtown San Mateo Association (“DSMA”) is a nonprofit organization organized as a California public benefit corporation and operates as a 501(c)(6) nonprofit entity.

DSMA is a coalition of San Mateo businesses whose mission is to promote business activity, community engagement, and economic vitality within the Downtown San Mateo Business Improvement District. Businesses located within the district’s geographic boundaries are automatically enrolled through an assessment fee on their business license. DSMA is additionally supported by associate members, community partners, sponsorships, and programmatic initiatives.

SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Basis of Accounting
The accompanying financial statements have been prepared on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States of America applicable to nonprofit organizations.

Financial Statement Presentation
DSMA reports its financial position and activities within one class of net assets: Net Assets Without Donor Restrictions, representing resources over which the Board of Directors has discretionary control.

Revenue Recognition
Revenue consists primarily of membership assessments, sponsorships, program revenues, and other operating income. Revenue is recognized when earned and collection is reasonably assured.

Cash and Cash Equivalents
Cash and cash equivalents include highly liquid investments and operating cash balances with original maturities of three months or less.

Use of Estimates
The preparation of financial statements requires management to make estimates and assumptions that affect reported amounts. Actual results may differ from those estimates. 11136 of 11211

LIQUIDITY AND AVAILABILITY OF FINANCIAL ASSETS
As of June 30, 2025, DSMA had financial assets of $409,530, substantially all of which consisted of cash and cash equivalents available for general operating expenditures within one year.

The organization maintains sufficient liquidity to support ongoing operations and has no material donor-imposed or contractual restrictions limiting asset availability.

CONCENTRATION OF CREDIT RISK
DSMA maintains cash balances at financial institutions that may, at times, exceed federally insured limits. Management does not believe the organization is exposed to significant credit risk related to these balances.

SUBSEQUENT EVENTS
Management evaluated subsequent events and transactions for potential recognition or disclosure through the date this management financial review was completed. No subsequent events were identified that would materially affect the financial statements.

Cooper Grady
Partner & Director of Financial Planning
Pettinelli Financial Partners
555 Veterans Blvd. Ste. 100
Redwood City, CA 94063
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Mackenzie Jakoubek <[email protected]>
Letter of Support
1 message
robert anderson Tue, May 12, 2026 at 9:03 PM
To: Downtown San Mateo Association <[email protected]>
San Mateo City Council
330 W 20th Avenue
San Mateo, CA 94403
Dear City Council Members,
As a board member, I am writing in support of the Downtown San Mateo Association (DSMA). The DSMA has been the engine that keeps our downtown moving forward. The Association organizes community events, provides marketing for our Downtown district, and partners with the City of San Mateo.

Leadership is provided by DSMA Executive Director Mackenzie Jakoubek, and she is supported by the board of directors. There are various DSMA committees and community volunteers who work for the betterment of our downtown. By working together, the DSMA has a long list of accomplishments in the past year.

I respectively request that the Council approve the annual renewal of the Downtown Business Improvement Area.

Best regards,
Robert Anderson
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Mackenzie Jakoubek <[email protected]>
DSMA Support Letter
1 message
La Piñata Thu, May 14, 2026 at 1:30 PM
To: Mackenzie Jakoubek <[email protected]>
San Mateo City Council
330 W. 20th Avenue
San Mateo, CA 94403
Dear Members of the City Council,
I am writing to express my strong support for the renewal of the Downtown Business Improvement Area. The Downtown San Mateo Association (DSMA) has played a crucial role in enhancing the vibrancy and appeal of our downtown district through its effective community engagement, marketing, and civic partnership initiatives.

Our business is located in the north end of "B" street and even though a lot of the community events take place in the heart of downtown (near the movie theatre) we still benefit from the additional foot traffic brought about by community events. We are always given space to advertise our business and point people in our direction via the restaurant guide and other measures. In addition, we always have had support from DSMA for North B events such as La Posada and the recent past, La Fiesta. Mackenzie Jakoubek, our Executive Director, is always looking for opportunities to showcase San Mateo! She has brought us events such as Boos on B, September Nights on B, annual Boba Day and monthly Head West Marketplace which brings locals as well as people from all over the bay to our community.

We believe it's essential that DSMA continues to bring energy and collaboration to our community, benefiting both businesses and residents. The DSMA's efforts are essential for maintaining a thriving downtown, and I urge you to approve its renewal.

Sincerely,
--
Lorry Morales,
Manager
La Pinata Restaurant San Mateo
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May 5, 2026
San Mateo City Council
330 W. 20th Avenue
San Mateo, CA 94403
Dear Members of the City Council,
I understand that the Downtown Business Improvement Area is up for renewal and wanted to express my strong support. While my involvement has been relatively short - since then Mayor Nash asked me and Self-Help for the Elderly to partner with DSMA and the City to launch the inaugural Lunar New Year event on B St. - I have been a first hand witness to the increased activity, sense of excitement and feeling of community now felt by our residents and visitors.

The Downtown San Mateo Association (DSMA) has played a crucial role in enhancing the vibrancy and appeal of our downtown district through its effective community engagement, marketing, and civic partnership initiatives.

The DSMA, under the leadership of Executive Director Mackenzie Jakoubek, has continued to bring energy and heart-felt collaboration to our community, benefiting both businesses, non-profits and residents. I know that working closely with DSMA has helped Self-Help to become even more actively involved with the downtown San Mateo community. The DSMA's efforts are essential for maintaining a thriving downtown, and I urge you to approve its renewal.

Sincerely,
Deborah (Debbie) Soon
Member, Advisory Board, San Mateo Self-Help for the Elderly Member, Board of Directors, Self-Help for the Elderly
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May 6, 2026
San Mateo City Council
330 W. 20th Avenue
San Mateo, CA 94403
Dear City Council Members,
I am passing along this letter to show my support for the renewal of the Downtown Business Improvement Area. The Downtown San Mateo Association has played a leading role in enhancing the vibrancy and appeal of our downtown district through its effective community engagement, marketing, and civic partnership initiatives. People are starting to see just how great downtown San Mateo can be with the recent efforts and we need to continue to support them to see it flourish even more.

Over the past year, DSMA has continued to bring energy and thoughtful collaboration to our community, benefiting both businesses and residents. The DSMA's efforts are essential for maintaining a thriving downtown, and I urge you to please approve its renewal.

Sincerely,
David Hunsaker
Owner
Fogbird
Fogbird – 144 South B Street, San Mateo CA. 94401
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Mackenzie Jakoubek <[email protected]>
Letter of support
Melissa Viloria Tue, May 5, 2026 at 4:40 PM
To: Mackenzie Jakoubek <[email protected]>
San Mateo City Council
330 W. 20th Avenue
San Mateo, CA 94403
Dear Members of the City Council,
I am writing to express my strong support for the renewal of the Downtown Business Improvement Area. The Downtown San Mateo Association (DSMA) has played a crucial role in enhancing the vibrancy and appeal of our downtown district through its effective community engagement, marketing, and civic partnership initiatives.

Over the past year, DSMA has continued to bring energy and collaboration to our community, benefiting both businesses and residents. The DSMA's efforts are essential for maintaining a thriving downtown, and I urge you to approve its renewal.

Sincerely,
Melissa Viloria FNP-C (she/her)
Nurse Practitioner, IV Infusionist, Blissfusion
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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: 19 Section Name: NEW BUSINESS Account Number: 10-1511 File ID: 26-11223 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: May 18, 2026
SUBJECT:

Senate Bill 707 (Brown Act Amendments): Technology Disruption Policy and Public Outreach and Interpretation Policy — Adoption
RECOMMENDATION:

Adopt a Resolution to approve the City’s Technology Disruption Policy; adopt a Resolution approving the City’s Public Outreach and Public Interpretation Assistance Practices; and receive a presentation on Senate Bill 707 (SB 707), which made extensive amendments to the Brown Act, and its impacts on the City’s legislative bodies.

BACKGROUND:

On October 3, 2025, the Governor signed SB 707 into law. This legislation updates the Ralph M. Brown Act with the goal of improving public access, participation, and transparency in local government meetings. The revised Brown Act is included as Attachment 3.

SB 707 establishes new requirements for cities, counties, and special districts. Certain provisions apply specifically to “eligible legislative bodies,” including city councils in jurisdictions with populations over 30,000. The City of San Mateo meets this threshold and is subject to these requirements.

The law includes two primary effective dates:
• January 1, 2026
• July 1, 2026
The City Clerk’s Office, in coordination with the City Attorney’s Office, has reviewed SB 707 and identified necessary actions to ensure compliance. This report provides a high-level summary of key provisions and recommended implementation steps.

DISCUSSION:

Provisions Effective January 1, 2026

1. Distribution of Brown Act Materials and Available Meeting Locations The City is required to provide all legislative body members, including boards and commissions, with a copy of the Brown Act and a list of available meeting locations. This requirement has been completed.

2. Executive Compensation Reporting
For items involving executive compensation, which now includes department heads, staff must provide a verbal 11151 of 11211

CITY OF SAN MATEO
summary to the City Council prior to final action. This summary must occur outside of the Consent Calendar.

3. ADA Accommodations for Legislative Body Members
Members of the legislative body may participate remotely as a reasonable accommodation for a disability. When doing so, participation must be conducted via both audio and video, unless a medical condition necessitates audioonly participation. Any adults present in the room with the member must be disclosed at the start of the meeting.

For purposes of quorum and attendance, a member participating under this provision is considered present in person, and the location from which they are participating is not required to be open to the public.

4. Social Media Use
SB 707 eliminates the prior sunset date for Government Code Section 54952.2(b)(3), making permanent the rules governing how members of legislative bodies may use social media in relation to agency business. Under this provision, members may use their personal or official social media accounts to share information or solicit input from the public. However, members are prohibited from engaging with one another on social media regarding agency business. This includes commenting on, replying to, or reacting (e.g., “liking”) each other’s posts or related comments if the subject pertains to matters within the body’s jurisdiction.

For example, a City Council Member may post on social media to seek community feedback on an upcoming project. Other City Council Members may view the post, but no other Council Member may respond to it or interact with any comments on that post, as doing so could constitute an impermissible serial meeting under the Brown Act.

5. Just Cause Expansion
SB 707 updates the rules governing remote participation by City Council Members by building on and expanding the framework established under AB 2449. The legislation consolidates the prior “just cause” and “emergency circumstances” categories into a single standard, broadens the range of allowable reasons for remote participation, and removes the requirement for City Council approval of a member’s remote attendance (Government Code Section 54953.8.3).

Under the revised law, a Council Member may participate remotely for “just cause,” which includes, but is not limited to:
• Childcare or caregiving responsibilities for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner;
• A contagious illness that prevents in-person attendance; • A need related to a physical or mental condition not otherwise covered under Government Code Section 54953(c);
• Travel while conducting official business on behalf of the legislative body or another state or local agency; • The need to care for an immunocompromised family member; • A personal or family medical emergency; or
• Military service obligations requiring the member to be at least 50 miles outside the jurisdiction, including active duty, training, or other official orders.

A Council Member may use the “just cause” provision for up to five meetings per calendar year. When participating remotely under this provision, the member’s location does not need to be disclosed on the agenda or made accessible to the public.

To utilize remote participation under Government Code Sections 54953.8 and 54953.8.3, the following conditions must be met:
• A quorum of the legislative body must be physically present at a single meeting location; • The remote Council Member must participate via both audio and video; • Meeting minutes must identify the participating member and cite the applicable legal authority for the remote 11152 of 11211

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participation (without requiring disclosure of personal or medical details); and • The public must be provided the ability to participate remotely via a two-way audiovisual or telephonic platform, along with a live webcast of the meeting.

If remote participation is used and the platform providing public access is disrupted, the City Council may not take further action until remote public access has been restored.

6. Teleconferencing – Eligible Subsidiary Legislative Bodies Government Code Section 54953.8.6 allows (but does not require) certain subsidiary bodies to conduct meetings via teleconferencing, provided specific eligibility criteria and requirements are met.

Definition of Eligible Subsidiary Body
An eligible subsidiary body is one that:
• Serves in an advisory capacity only and does not have final decision-making authority over legislation, regulations, contracts, licenses, permits, entitlements, grants, or the allocation of funds; and • Does not have primary subject matter jurisdiction over budgets, elections, police oversight, privacy, public library material access, taxes, or related spending proposals.

City Council Authorization
To permit remote meetings, the City Council must take formal action to make required findings both initially and every six months thereafter. These findings must:
• Determine that remote participation will enhance public access; • Consider the specific circumstances of the subsidiary body; and • Address the format of remote participation, methods of public notice, and potential impacts on member diversity and retention.

Meeting Requirements
Eligible subsidiary bodies conducting remote meetings must comply with the following:
• Approve the use of teleconferencing by majority vote after Council authorization; • A physical meeting location within the jurisdiction must be designated for public attendance; • At least one staff member must be physically present at that location; • The meeting agenda must be posted at the physical location (posting at remote locations is not required); • Members must appear on camera during the meeting. If video is disabled due to technical issues, the reason must be stated; and
• Any elected official serving on the body must comply with Government Code Section 54953(b)(3), including publicly noticing their remote location and making it accessible to the public.

Interaction with the Legislative Body
The statute also establishes a process for consideration of subsidiary body recommendations:
• A subsidiary body may formally request to present its recommendations to the legislative body; • The legislative body must schedule a discussion within 60 days at a regular meeting; • The item may not be placed on the consent calendar; and • Final action on the recommendations may not occur until a subsequent regular meeting. 11153 of 11211

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Provisions Effective July 1, 2026
Under SB 707, several key provisions take effect beginning July 1, 2026. These provisions apply if the City Council qualifies as an “eligible legislative body.” Pursuant to Government Code Section 54953.4(e)(2), eligible legislative bodies include:
• City Councils of cities with populations of 30,000 or more; • County boards of supervisors of counties with populations of 30,000 or more; and • City Councils located within counties with populations of 600,000 or more.

The City of San Mateo City Council meets both criteria, as the City has a population exceeding 30,000 and is located within San Mateo County, which has a population greater than 600,000 based on the 2020 Census. Accordingly, the provisions of Government Code Section 54953.4 apply to the City Council.

1. Mandatory Remote Public Attendance Option
Pursuant to Government Code Section 54953.4(b)(1)(A)(i)(I)(ia), all open and public meetings of eligible legislative bodies must provide an opportunity for the public to attend remotely through either a two-way telephonic or twoway audiovisual platform.

The City of San Mateo has continued to offer remote participation options since resuming in-person meetings following the COVID-19 pandemic and is already in compliance with this requirement. This provision will also apply to off-site City Council meetings, such as goal-setting sessions, State of the City events, and other workshops, and will require that remote participation options be made available for those meetings.

2. Policy on Disruption of Telephonic or Internet
Pursuant to Government Code Section 54953.4(b)(1)(A)(i)(I)(ib), the City Council is required to adopt a policy establishing procedures for addressing disruptions to telephonic or internet service during meetings. The policy must outline procedures for recessing and reconvening meetings, as well as the efforts the Council will undertake to restore service. This policy may not be adopted on the consent calendar.

SB 707 establishes specific requirements for the content of this policy. If a technological disruption prevents public access to a meeting, the City Council must recess the open session for at least one hour, or until service is restored, while making good faith efforts to reestablish telephonic or internet access. Closed session items may be conducted during this recess. The City Council cannot reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier.

If service has not been restored after one hour, the City Council must reconvene and either: (1) adjourn the meeting; or (2) adopt a finding, by roll call vote, that good faith efforts were made in accordance with the adopted policy and that continuing the meeting outweighs the public interest in maintaining remote access.

A proposed Technology Disruption Policy and corresponding resolution are included as Attachment 1 for the City Council’s consideration. If adopted, the policy will take effect on July 1, 2026.

3. Equal Opportunity for Remote Public Comment
Pursuant to Government Code Section 54953.4(b)(1)(B), all eligible legislative bodies must provide an opportunity for remote public comment. Individuals participating remotely must be afforded the same amount of speaking time as those providing comment in person.

This requirement represents no change to the City’s current practices, as both in-person and virtual speakers are currently allotted the same amount of speaking time.
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4. Translation of Meeting Agendas into “Applicable Languages” Government Code Section 54953.4(c)–(e) requires eligible legislative bodies to translate and post meeting agendas in all “applicable languages.” Each translated agenda must include instructions in that language for accessing the meeting remotely. Translated agendas must be posted within the standard timelines established under the Brown Act.

Under SB 707, “applicable languages” are defined as those identified through the most recent American Community Survey as being spoken by at least 20% of the applicable population, provided that at least 20% of individuals speaking that language report speaking English less than “very well” (Government Code Section 54953.4(e)(1)(A)).

Staff has reviewed the City of San Mateo’s most recent American Community Survey data for languages spoken by residents age five and older (Attachment 4). Based on this analysis, Spanish meets both threshold requirements to trigger mandatory agenda translation under the statute. Accordingly, the City Clerk’s Office will begin translating and posting meeting agendas in Spanish effective July 1, 2026.

Language Estimated Number of
Speakers
Percentage
Of Applicable Population
English 51,770 53.4%
Spanish 19,909 20.5%
Chinese 9,121 9.4%
Tagalog 2,786 2.9%
Russian 1,454 1.5%
French 965 1.0%
Korean 718 0.7%
Source: American Community Survey 2024 5-Year Estimates

5. Public Meetings Information Webpage
Pursuant to Government Code Section 54953.4(b)(3)(B), eligible legislative bodies are required to establish and maintain an accessible, centralized webpage dedicated to public meetings. This webpage must include, or clearly link to, the following information:
• A general overview of the public meeting process
• Instructions for providing public comment, both in person and remotely • A calendar of all public meetings, including date, time, and location • Direct access to posted meeting agendas
• A translation of the foregoing into applicable languages (explained below), accessible through a prominent direct link on the City’s home page.

In addition, Government Code Section 54953.4(b)(3)(A) requires legislative bodies to implement a system for electronically accepting and fulfilling requests for meeting agendas and related documents, either via email or through an integrated agenda management platform. This information must also be accessible through a prominent, direct link on the City’s homepage, as required by Government Code Section 54953.4(b)(3)(B)(ii).

The City currently complies with this requirement through its agenda management system. Additionally, the City maintains a notification alert system that allows members of the public to receive alerts when agendas are published. The City also publishes the list of all scheduled meetings for the year on the public meeting portal and a PDF list of regularly scheduled meetings.
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6. Outreach to Underrepresented Groups and Non-English-Speaking Communities Pursuant to Government Code Section 54953.4(b)(3)(C), the City is required to make reasonable efforts—at a level determined by the City Council—to encourage participation in public meetings by individuals and groups that have not traditionally been engaged. This may include outreach to media outlets serving non-English-speaking communities, local community-based organizations, and neighborhood groups.

To support this requirement, the City Clerk’s Office is developing and will maintain a comprehensive outreach distribution list that includes media contacts, community organizations, and other local stakeholders serving the San Mateo community. These groups will receive City Council meeting agendas via email, enabling them to share information directly with their respective communities.

The City Clerk’s Office will coordinate with department heads, City Council Members, and staff to ensure the distribution list remains current and continues to expand its reach. In addition, the City’s website will include information on how organizations can subscribe to this list to receive meeting materials.

A resolution outlining the City’s proposed approach to meeting this requirement is included as Attachment 2 for City Council consideration and adoption.

7. Public Location for Agenda Translations by the Community Pursuant to Government Code Section 54953.4(c)(3)–(4), legislative bodies are required to provide a physical location, adjacent to where meeting agendas are posted, that is freely accessible to the public. This location must allow members of the public to post translations of the agenda in languages other than English. The City is not responsible for the content, accuracy, or posting of these translations.

To comply with this requirement, the City Clerk’s Office is coordinating with Public Works to install a designated bulletin board next to the existing agenda posting board outside of City Hall. This bulletin board will be reserved for translated versions of City Council agendas and will include clear signage indicating its intended use. The signage will also note that the City does not review or assume responsibility for any materials posted.

The City Clerk’s Office will maintain this bulletin board to ensure ongoing compliance with Government Code Section 54953.4(c)(3)–(4).

8. Public Interpretation Assistance
Pursuant to Government Code Section 54953.4(b)(2)(A)–(C), legislative bodies are required to provide reasonable assistance to members of the public who wish to use interpretation services during a meeting, provided such assistance does not disrupt the proceedings. This may include allowing additional time for interpretation, accommodating the use of personal or third-party interpretation services, or providing space for interpreters.

The City has an established process to support these requests. All City Council agendas include language inviting members of the public to request ADA or language assistance in advance of a meeting. When a request is received, the City Clerk’s Office works directly with the individual to identify and provide appropriate accommodations.

These may include additional time for public comment to allow for interpretation, assistive equipment such as a wireless microphone, or other necessary support.

In addition, the City’s virtual meeting platform offers automated language translation features to further expand access. The resolution included with this item formalizes the City’s commitment to continuing these practices and clearly communicating how members of the public may request assistance.

BUDGET IMPACT:

Implementation of SB 707 may result in minor administrative and operational costs related to technology, translation services, and outreach efforts. These costs are expected to be absorbed within existing departmental budgets at this time. 11156 of 11211

CITY OF SAN MATEO
ENVIRONMENTAL DETERMINATION:

This policy 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 – Proposed Resolution - Technology Disruption Policy for City Council Meetings Att 2 – Proposed Resolution - Public Outreach and Interpretation Assistance Practices Att 3 – The Brown Act
Att 4 – SB 707 Applicable Languages Determination Guide and Worksheet

STAFF CONTACT
Martin McTaggart, City Clerk
[email protected]
(650) 522-7042
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CITY OF SAN MATEO
RESOLUTION NO. (2026)

ADOPTING A TECHNOLOGY DISRUPTION POLICY FOR
CITY COUNCIL MEETINGS PURSUANT TO THE BROWN ACT (SB 707) WHEREAS, the City of San Mateo is committed to preserving and ensuring public access and participation in meetings of the City Council and its legislative bodies; and WHEREAS, on October 3, 2025, Governor Newsom signed into law Senate Bill 707 (SB 707); and WHEREAS, SB 707 amended the Ralph M. Brown Act to require legislative bodies to adopt policies addressing procedures in the event of a disruption to telephonic or internet-based access to public meetings; and WHEREAS, pursuant to Government Code Section 54953.4(b)(1)(A), legislative bodies must approve a Technology Disruption Policy prior to July 1, 2026; and WHEREAS, such policy must establish procedures for recessing and reconvening meetings and outline the good faith efforts the City will undertake to restore disrupted service; and WHEREAS, the proposed Technology Disruption Policy (“Policy”) ensures compliance with SB 707 and maintains the City’s commitment to transparency and public participation; and WHEREAS, the Policy is proposed to take effect on July 1, 2026.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO DOES HEREBY FIND AND RESOLVE AS FOLLOWS:

1. This policy adoption 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).)

2. The Technology Disruption Policy attached as Exhibit A to this Resolution is approved and the City Manager is authorized to make non-substantive changes.
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Resolution No. (2026) Page 2 of 5
Technology Disruption Policy for City Council Meetings
Exhibit A
S t a f f P o l i c i e s M a n u a l
Title: Technology Disruption Policy
Policy #: 119
Sponsored by: City Clerk’s Office
Approved by: City Council
Date: Issued: __/__/____ Amended: __/__/____
Purpose and Effective Date
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely.

This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions. This policy shall go into effect on July 1, 2026.

Policy
This policy applies to all open and public meetings in which remote public participation is offered or required under the Brown Act pursuant to Government Code section 54953.4, as may be amended periodically. The policy ensures transparency, public participation, and continuity of government during technology disruptions of the telephonic or internet services facilitating remote participation.

Scope
This policy applies to all open and public meetings of the City Council and advisory bodies at which remote public participation is offered or required under the Brown Act.

Definitions

1. Clerk: the City Clerk or designated Board/Commission Clerk responsible for administering legislative meeting proceedings.

2. Disruption: Any failure, outage, or other interruption that prevents members of the public from attending or observing the meeting via these remote services.

3. Presiding Officer: the Mayor or in their absence, the Deputy Mayor or designated Council Member; Board/Commission Chair, or in their absence, the Vice Chair or designated Board Member/Commissioner/Trustee.

4. Remote access services: The two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings. 11159 of 11211
Resolution No. (2026) Page 3 of 5
Technology Disruption Policy for City Council Meetings
Responsibility

1. Clerk
A. Restoration of Services

1. Communicate technology disruption event to the Presiding Officer.

2. Coordinate supportive staff and technology partners to address the disruption.

B. Recordkeeping

1. Record efforts to restore services in the meeting minutes.

2. Presiding Officer
A. Calling and declaring official actions of the legislative body, as necessary.

Procedures

1. Response to Service Disruption
A. If a disruption occurs that prevents members of the public from attending or observing the meeting through the agency’s remote access services:

1. Once aware of the disruption, the Presiding Officer or Clerk shall immediately announce the disruption to the public.

2. The Presiding Officer may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act.

3. Staff shall begin efforts to diagnose and restore the disrupted service.

4. The meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing.

2. Efforts to Restore Service
A. The City shall make good faith efforts to restore remote access services, which may include, but are not limited to:

1. Troubleshooting platform or teleconferencing software

2. Resetting or replacing audiovisual equipment

3. Attempting alternative connection methods

4. Contacting necessary support staff or service providers 11160 of 11211
Resolution No. (2026) Page 4 of 5
Technology Disruption Policy for City Council Meetings

5. Switching to back-up equipment or platforms, if available B. The Clerk shall document the restoration efforts undertaken.

3. Reconvening the Open Session
A. Timing

1. The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.

B. If Service Is Restored

1. If remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.

C. If Service Is Not Restored

1. If service has not been restored when the legislative body is ready to reconvene the legislative body may:
a. Adjourn the meeting
b. Continue the open session by adopting, by rollcall vote, the following finding or a substantially similar one:
“The City has made good faith efforts to restore (telephonic/ internet service) in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access because _________ [identify the factual basis for making this finding].”
Upon adoption of the finding, the legislative body may continue the open session despite the disruption.

4. Recordkeeping
A. The Clerk shall enter a brief statement into the meeting minutes including the following:

1. The nature and time of the disruption

2. The restoration efforts undertaken

3. The time the meeting was reconvened (if applicable)

4. Any finding adopted pursuant to Section 3 regarding reconvening the meeting without restoring remote access service.

5. Review and Updates
A. This policy may be amended by the legislative body at a noticed public meeting in open session, not on the consent calendar.
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Resolution No. (2026) Page 5 of 5
Technology Disruption Policy for City Council Meetings
Related Policies
Note any related policies that should be cross-referenced using the following format:

1. Policy 108 – Public Meeting Security Policy

2. Policy 115 – Public Meeting Reasonable Accommodation Policy

3. Policy 504 – Technology Security Policy
Contact for this Policy
City Clerk
Approval
This policy was issued on ________ and approved by the City Council.

Resolution No. ___
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CITY OF SAN MATEO
RESOLUTION NO. (2026)

APPROVING PUBLIC OUTREACH AND PUBLIC INTERPRETATION ASSISTANCE PRACTICES WHEREAS, the City of San Mateo is committed to fostering an inclusive, accessible, and engaged community and ensuring meaningful public participation in meetings of the City Council and its Boards and Commissions; and
WHEREAS, on October 3, 2025, Governor Newsom signed into law Senate Bill 707 (SB 707); and WHEREAS, SB 707 amended the Ralph M. Brown Act to require legislative bodies to implement practices to expand public outreach and provide interpretation assistance; and WHEREAS, pursuant to Government Code Section 54953.4(b)(3)(C), beginning July 1, 2026, the City must make reasonable efforts to invite participation from groups that do not traditionally engage in public meetings; and
WHEREAS, to support these efforts, the City Clerk’s Office will maintain and periodically update a list of media organizations, faith-based organizations, community groups, and neighborhood associations and provide notice of City meetings to those groups; and
WHEREAS, the City will continue to provide information on its website inviting organizations and members of the public to register to receive meeting notifications and will review and update outreach contact lists at least annually; and
WHEREAS, pursuant to Government Code Sections 54953.4(b)(2)(A)–(C), beginning July 1, 2026, the City must reasonably assist members of the public who wish to translate meetings or receive interpretation services, provided such assistance does not disrupt the meeting, and must publicize instructions on how to request such assistance; and
WHEREAS, City Council, Board, and Commission agendas include standardized language informing the public how to request language assistance, disability-related accommodations, and alternative formats in advance of meetings; and
WHEREAS, in furtherance of Government Code Section 54953.4(b)(2), the City will continue to provide accessibility services for public meetings, including closed captioning.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. This action is not a project subject to the California Environmental Quality Act (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)). 11163 of 11211

2. The City Clerk’s Office shall maintain and update a list of media organizations, faith-based groups, community organizations, and neighborhood associations for the purpose of providing notice of City meetings. The City Council finds that these efforts constitute reasonable measures pursuant to Government Code Section 54953.4(b)(3)(C).

3. Agendas for the City Council, Boards, and Commissions shall continue to include information on how to request language assistance and disability-related accommodations. The City Clerk is authorized to continue providing accessibility services, including those described in this Resolution. The City Manager and City Clerk are authorized to take such actions as necessary to implement and administer the practices described in this resolution.
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54950.
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54951.
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GOVERNMENT CODE - GOV
TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 9. Meetings [54950 - 54963] ( Chapter 9 added by Stats. 1953, Ch. 1588. ) In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.

The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
(Added by Stats. 1953, Ch. 1588.)
This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
As used in this chapter, “local agency” means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency.
(Amended by Stats. 1959, Ch. 1417.)
As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute. (b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body.

However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. (c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company, or other entity. (B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative body of the local agency.
(2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 1/7/26, 3:26 PM Codes Display Text
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member of the governing body of that private corporation, limited liability company, or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full voting member to a nonvoting member.
(d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office. (Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.) (a) As used in this chapter, “meeting” means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body.
(b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body. (3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body.
(B) For purposes of this paragraph, all of the following definitions shall apply:
(i) “Discuss among themselves” means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) “Internet-based social media platform” means an online service that is open and accessible to the public.
(iii) “Open and accessible to the public” means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules.
(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b).
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(2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers.
(Amended (as amended by Stats. 2020, Ch. 89, Sec. 1) by Stats. 2025, Ch. 327, Sec. 1. (SB 707) Effective January 1, 2026.) (a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or in serial order, only if a clerk or a member of the convened legislative body verbally announces, prior to convening any simultaneous or serial order meeting of that subsequent legislative body, the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the simultaneous or serial meeting of the subsequent legislative body and identifies that the compensation or stipend shall be provided as a result of convening a meeting for which each member is entitled to collect compensation or a stipend. However, the clerk or member of the legislative body shall not be required to announce the amount of compensation if the amount of compensation is prescribed in statute and no additional compensation has been authorized by a local agency. (b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of the member’s official duties, including, but not limited to, reimbursement of expenses relating to travel, meals, and lodging. (Added by Stats. 2011, Ch. 91, Sec. 1. (AB 23) Effective January 1, 2012.) As used in this chapter, “action taken” means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. (Added by Stats. 1961, Ch. 1671.)
A local agency shall provide a copy of this chapter to any person elected or appointed to serve as a member of a legislative body of the local agency.
(Amended by Stats. 2025, Ch. 327, Sec. 3. (SB 707) Effective January 1, 2026.) (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding 1/7/26, 3:26 PM Codes Display Text
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authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following:
(A) All votes taken during a teleconferenced meeting shall be by rollcall. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. (C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as expressly provided in this chapter. (4) The teleconferencing requirements of this subdivision shall not apply to remote participation described in subdivision (c).
(c) (1) Nothing in this chapter shall be construed to prohibit a member of a legislative body with a disability from participating in any meeting of the legislative body by remote participation as a reasonable accommodation pursuant to any applicable law.
(2) A member of a legislative body participating in a meeting by remote participation pursuant to this subdivision shall do both of the following:
(A) The member shall participate through both audio and visual technology, except that any member with a disability, as defined in Section 12102 of Title 42 of the United States Code, may participate only through audio technology if a physical condition related to their disability results in a need to participate off camera. (B) The member shall disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any of those individuals. (3) Remote participation under this subdivision shall be treated as in-person attendance at the physical meeting location for all purposes, including any requirement that a quorum of the legislative body participate from any particular location. The provisions of subdivision (b) and Sections 54953.8 to 54953.8.7, inclusive, shall not apply to remote participation under this subdivision.
(d) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) (A) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of either of the following during the open meeting in which the final action is to be taken:
(i) A local agency executive, as defined in subdivision (d) of Section 3511.1. (ii) A department head or other similar administrative officer of the local agency. (B) This paragraph shall not affect the public’s right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(e) For purposes of this section, both of the following definitions apply:
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54953.3.
54953.4.
(1) “Disability” means a physical disability or a mental disability as those terms are defined in Section 12926 and used in Section 12926.1, or a disability as defined in Section 12102 of Title 42 of the United States Code. (2) (A) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (B) Notwithstanding subparagraph (A), “teleconference” does not include one or more members watching or listening to a meeting via webcasting or any other similar electronic medium that does not permit members to interactively speak, discuss, or deliberate on matters. (3) “Remote participation” means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. (Amended (as amended by Stats. 2023, Ch. 534, Sec. 2) by Stats. 2025, Ch. 327, Sec. 4. (SB 707) Effective January 1, 2026.) The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body. (Added by Stats. 1979, Ch. 950.)
All meetings of a legislative body of a local agency that are open and public shall meet the protections and prohibitions contained in Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (Added by Stats. 2002, Ch. 300, Sec. 5. Effective January 1, 2003.) A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.

If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering, or completion of the document is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document. (Amended by Stats. 1981, Ch. 968, Sec. 28.)
(a) The Legislature finds and declares that public access, including through translation of agendas as required by this section, is necessary for an informed populace. The Legislature encourages local agencies to adopt public access requirements that exceed the requirements of this chapter by translating additional languages, employing human translators, and conducting additional outreach. (b) (1) In addition to any other applicable requirements of this chapter, a meeting held by a eligible legislative body pursuant to this chapter shall comply with both of the following requirements:
(A) (i) (I) (ia) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform, except if adequate telephonic or internet service is not operational at the meeting location. If adequate telephonic or internet service is operational at the meeting location during only a portion of the meeting, the legislative body shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform during that portion of the meeting.
(ib) (Ia) On or before July 1, 2026, an eligible legislative body shall approve at a noticed public meeting in open session, not on the consent calendar, a policy regarding disruption of telephonic or internet service occurring during meetings subject to this sub-subclause. The policy shall address the procedures for recessing and reconvening a meeting in the event of disruption and the efforts that the eligible legislative body shall make to attempt to restore the service. (Ib) If a disruption of telephonic or internet service that prevents members of the public from attending or observing the meeting via the two-way telephonic service or two-way audiovisual platform occurs during the meeting, the eligible legislative body shall recess the open session of the meeting for at least one hour and make a good faith attempt to restore the service. The eligible legislative body may meet in closed session during this period. The eligible legislative body 1/7/26, 3:26 PM Codes Display Text
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shall not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier. (Ic) Upon reconvening the open session, if telephonic or internet service has not been restored, the eligible legislative body shall adopt a finding by rollcall vote that good faith efforts to restore the telephonic or internet service have been made in accordance with the policy adopted pursuant to sub-sub-subclause (Ia) and that the public interest in continuing the meeting outweighs the public interest in remote public access.
(II) Subclause (I) does not apply to a meeting that is held to do any of the following:
(ia) Attend a judicial or administrative proceeding to which the local agency is a party. (ib) Inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property.
(ic) Meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction.
(id) Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility.
(ie) Meet in an emergency situation pursuant to Section 54956.5. (ii) If an eligible legislative body elects to provide a two-way audiovisual platform, the eligible legislative body shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the two-way audiovisual platform. If an eligible legislative body does not elect to provide a two-way audiovisual platform, the eligible legislative body shall provide a two-way telephonic service for the public to participate in the meeting, pursuant to subclause (I).
(B) (i) All open and public meetings for which attendance via a two-way telephonic service or a two-way audiovisual platform is provided in accordance with paragraph (1) shall provide the public with an opportunity to provide public comment in accordance with Section 54954.3 via the two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to provide public comment with the same time allotment as a person attending a meeting in person.
(2) (A) An eligible legislative body shall reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive interpretation provided by another member of the public, so long as the interpretation is not disrupting to the meeting, as defined in Section 54957.95. The eligible legislative body shall publicize instructions on how to request assistance under this subdivision. Assistance may include any of the following, as determined by the eligible legislative body:
(i) Arranging space for one or more interpreters at the meeting location. (ii) Allowing extra time during the meeting for interpretation to occur. (iii) Ensuring participants may utilize their personal equipment or reasonably access facilities for participants to access commercially available interpretation services. (B) This section does not require an eligible legislative body to provide interpretation of any public meeting, however, an eligible legislative body may elect to provide interpretation of any public meeting. (C) The eligible legislative body is not responsible for the content or accuracy of any interpretation facilitated, assisted with, or provided under this subdivision. An action shall not be commenced or maintained against the eligible legislative body arising from the content or accuracy of any interpretation facilitated, assisted with, or provided under this subdivision.
(3) An eligible legislative body shall take the following actions to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings:
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platform. Information about how to make a request using this system shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body. (B) (i) Create and maintain an accessible internet webpage dedicated to public meetings that includes, or provides a link to, all of the following information:
(I) A general explanation of the public meeting process for the eligible legislative body. (II) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment. (III) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting.
(IV) The agenda posted online pursuant to paragraph (2) of subdivision (a) of Section 54954.2. (ii) The eligible legislative body shall include a link to the webpage required by subparagraph (A) on the home page of the eligible legislative body’s internet website. (C) (i) Make reasonable efforts, as determined by the legislative body, to invite groups that do not traditionally participate in public meetings to attend those meetings, which may include, but are not limited to, all the following:
(I) Media organizations that provide news coverage in the jurisdiction of the eligible legislative body, including media organizations that serve non-English-speaking communities. (II) Good government, civil rights, civic engagement, neighborhood, and community group organizations, or similar organizations that are active in the jurisdiction of the eligible legislative body, including organizations active in non-English-speaking communities. (ii) Legislative bodies shall have broad discretion in the choice of reasonable efforts they make under this subparagraph. No action shall be commenced or maintained against an eligible legislative body arising from failing to provide public meeting information to any specific group pursuant to this subparagraph. (c) (1) (A) The agenda for each meeting of an eligible legislative body shall be translated into all applicable languages, and each translation shall be posted in accordance with Section 54954.2. Each translation shall include instructions in the applicable language describing how to join the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment. (B) The accessible internet webpage provided under subparagraph (B) of paragraph (3) of subdivision (b) shall be translated into all applicable languages, and each translation shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body. (2) A translation made using a digital translation service shall satisfy the requirements of paragraph (1). (3) The eligible legislative body shall make available a physical location that is freely accessible to the public in reasonable proximity to the physical location in which the agenda and translations are posted as described in paragraph (1), and shall allow members of the public to post additional translations of the agenda in that location.
(4) The eligible legislative body is not responsible for the content or accuracy of any translation provided pursuant to this subdivision. No action shall be commenced or maintained against an eligible legislative body arising from the content, accuracy, posting, or removal of any translation provided by the eligible legislative body or posted by any person pursuant to this subdivision.
(5) For the purposes of this section, the agenda does not include the entire agenda packet. (d) This section shall not be construed to affect or supersede any other applicable civil rights, nondiscrimination, or public access laws.
(e) For purposes of this section, all of the following definitions apply:
(1) (A) “Applicable languages” means languages, according to data from the most recent American Community Survey, spoken jointly by 20 percent or more of the applicable population, provided that 20 percent or more of the population that speaks that language in that city or county speaks English less than “very well.” (B) For the purposes of subparagraph (A), the applicable population shall be determined as follows:
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54953.5.
(i) For an eligible legislative body that is a city council or county board of supervisors, the applicable population shall be the population of the city or county. (ii) For an eligible legislative body of a special district, the applicable population shall be either of the following, at the discretion of the board of directors of the special district:
(I) The population of the county with the greatest population within the boundaries of the special district.
(II) The population of the service area of the special district, if the special district has the data to determine what languages spoken by the population within its service area meet the requirements of paragraph (A).
(C) If more than three languages meet the criteria set forth in subparagraph (A), “applicable languages” shall mean the three languages described in subparagraph (A) that are spoken by the largest percentage of the population.
(D) An eligible legislative body may elect to determine the applicable languages based upon a source other than the most recent American Community Survey if it makes a finding, based upon substantial evidence, that the other source provides equally or more reliable data for the territory over which the eligible legislative body exercises jurisdiction.
(2) “Eligible legislative body” means any of the following:
(A) A city council of a city with a population of 30,000 or more. (B) A county board of supervisors of a county, or city and county, with a population of 30,000 or more. (C) A city council of a city located in a county with a population of 600,000 or more. (D) The board of directors of a special district that has an internet website and meets any of the following conditions:
(i) The boundaries of the special district include the entirety of a county with a population of 600,000 or more, and the special district has over 200 full-time equivalent employees. (ii) The special district has over 1,000 full-time equivalent employees. (iii) The special district has annual revenues, based on the most recent Financial Transaction Report data published by the California State Controller, that exceed four hundred million dollars ($400,000,000), adjusted annually for inflation commencing January 1, 2027, as measured by the percentage change in the California Consumer Price Index from January 1 of the prior year to January 1 of the current year, and the special district employs over 200 full-time equivalent employees. (3) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. (4) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. (f) This section shall become operative on July 1, 2026. (g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 5. (SB 707) Effective January 1, 2026. Operative July 1, 2026, by its own provisions.

Repealed as of January 1, 2030, by its own provisions.) (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. (b) Any recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency.
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54953.6.
54953.7.
54953.8.
(Amended by Stats. 2025, Ch. 327, Sec. 6. (SB 707) Effective January 1, 2026.) No legislative body of a local agency shall prohibit or otherwise restrict the broadcast of its open and public meetings in the absence of a reasonable finding that the broadcast cannot be accomplished without noise, illumination, or obstruction of view that would constitute a persistent disruption of the proceedings. (Amended by Stats. 1994, Ch. 32, Sec. 6. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.) Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose those requirements on appointed legislative bodies of the local agency.
(Amended by Stats. 2025, Ch. 327, Sec. 7. (SB 707) Effective January 1, 2026.) (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive. (b) A legislative body that holds a teleconference meeting pursuant to this section shall, in addition to any other applicable requirements of this chapter, comply with all of the following:
(1) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body:
(A) A two-way audiovisual platform.
(B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconference meeting held pursuant to this section is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option.
(3) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored.

Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(4) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (5) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(6) (A) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to 1/7/26, 3:26 PM Codes Display Text
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54953.8.1.
paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location pursuant to this section and the specific provision of law that the member relied upon to permit their participation by teleconferencing shall be listed in the minutes of the meeting. (8) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(c) A local agency shall identify and make available to legislative bodies a list of one or more meeting locations that may be available for use by the legislative bodies to conduct their meetings. (d) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations.
(2) Nothing in this section shall prohibit a legislative body from providing the public with additional physical locations in which the public may observe and address the legislative body by electronic means. (e) A member of a legislative body who participates in a teleconference meeting from a remote location pursuant to this section shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with those individuals.
(f) The teleconferencing provisions described in Section 54953 and Sections 54953.8.1 to 54953.8.7, inclusive, are cumulative. A legislative body may elect to use any teleconferencing provisions that are applicable to a meeting, regardless of whether any other teleconferencing provisions would also be applicable to that meeting. (g) For purposes of this section, the following definitions apply:
(1) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) “Teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (3) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. A two-way audiovisual platform may be structured to disable the use of video for the public participants. (4) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. (5) “Webcasting” means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. (Added by Stats. 2025, Ch. 327, Sec. 8. (SB 707) Effective January 1, 2026.) (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section.
(b) Nothing in this section or Section 54953.8 shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. (c) For purposes of this section, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. 1/7/26, 3:26 PM Codes Display Text
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54953.8.2.
54953.8.3.
(Added by Stats. 2025, Ch. 327, Sec. 9. (SB 707) Effective January 1, 2026.) (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:
(1) For the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote:
(1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person.
(c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(d) Notwithstanding paragraph (1) of subdivision (b) of Section 54953.8, a legislative body conducting a teleconference meeting pursuant to this section may elect to use a two-way telephonic service without a live webcasting of the meeting.
(e) For purposes of this section, the following definitions apply:
(1) “Local emergency” means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the boundaries of the territory over which the local agency exercises jurisdiction.
(2) “State of emergency” means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). (Added by Stats. 2025, Ch. 327, Sec. 10. (SB 707) Effective January 1, 2026.) (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following additional requirements:
(1) A member of the legislative body notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. (2) The member shall participate through both audio and visual technology. (3) (A) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for just cause for more than the following number of meetings, as applicable:
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54953.8.4.
(iii) Seven meetings per year, if the legislative body regularly meets three or more times per month. (B) For the purpose of counting meetings attended by teleconference under this paragraph, a “meeting” shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day.
(b) The minutes for the meeting shall identify the specific provision in subdivision (c) that each member relied upon to participate remotely. This subdivision shall not be construed to require the member to disclose any medical diagnosis or disability, or any personal medical information that is otherwise exempt under existing law, including, but not limited to, the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part

2.6 of Division 1 of the Civil Code).
(c) For purposes of this section, “just cause” means any of the following:
(1) Childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2.
(2) A contagious illness that prevents a member from attending in person. (3) A need related to a physical or mental condition that is not subject to subdivision (c) of Section 54953. (4) Travel while on official business of the legislative body or another state or local agency. (5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely. (6) A physical or family medical emergency that prevents a member from attending in person. (7) Military service obligations that result in a member being unable to attend in person because they are serving under official written orders for active duty, drill, annual training, or any other duty required as a member of the California National Guard or a United States Military Reserve organization that requires the member to be at least 50 miles outside the boundaries of the local agency.
(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 11. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
(a) An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred:
(1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as described in this section at an open and regular meeting.
(B) If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so.
(C) Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section.
(2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following:
(A) At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. (B) At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council.
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54953.8.5.
(3) If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. (4) If the meeting is outside regular business hours, the eligible neighborhood council shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. (b) For purposes of this section, the following definitions apply:
(1) “Accommodation” means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting.
(2) “Eligible neighborhood council” means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 12. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
(a) An eligible community college student organization may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:
(1) An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred:
(A) The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this section at an open and regular meeting.
(B) If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organization votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so.
(C) Upon receiving notification from an eligible community college student organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. (D) (i) Except as specified in clause (ii), at least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established.
(ii) The requirements described in clause (i) shall not apply to the California Online Community College. (iii) Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria:
(I) The person is under 18 years of age.
(II) The person is incarcerated.
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54953.8.6.
(III) The person is unable to disclose the location that they are participating from because of either of the following circumstances:
(ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order.
(ib) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program.
(IV) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, “child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms are defined in Section 12945.2.
(2) An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable:
(A) (i) Except as specified in subparagraph (B), if the meeting is during regular business hours of the offices of the board of trustees of the community college district, the eligible community college student organization shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. (ii) Except as specified in subparagraph (B), if the meeting is outside regular business hours, the eligible community college student organization shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, “accommodation” means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting.
(B) The requirements described in subparagraph (A) shall not apply to the California Online Community College.
(b) For purposes of this section, “eligible community college student organization” means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run community college organization that is required to comply with the meeting requirements of this chapter, that is in any community college recognized within the California Community Colleges system and includes the Student Senate for California Community Colleges.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 13. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
(a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:
(1) The eligible subsidiary body shall designate one physical meeting location within the boundaries of the legislative body that created the eligible subsidiary body where members of the subsidiary body who are not participating remotely shall be present and members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the eligible subsidiary body or the legislative body that created the eligible subsidiary body shall be present at the physical meeting location during the meeting. The eligible subsidiary body shall post the agenda at the physical meeting location, but need not post the agenda at a remote location.
(2) (A) A member of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform, except if the member has a physical or mental condition not subject to subdivision (c) of Section 54953 that results in a need to participate off camera.
(B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically infeasible, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video. 1/7/26, 3:26 PM Codes Display Text
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(C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance prior to turning off their camera. (3) An elected official serving as a member of an eligible subsidiary body in their official capacity shall not participate in a meeting of the eligible subsidiary body by teleconferencing pursuant to this section unless the use of teleconferencing complies with the requirements of paragraph (3) of subdivision (b) of Section 54953. (4) (A) In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the following findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every six months thereafter:
(i) The legislative body has considered the circumstances of the eligible subsidiary body. (ii) Teleconference meetings of the eligible subsidiary body would enhance public access to meetings of the eligible subsidiary body, and the public has been made aware of the type of remote participation, including audio-visual or telephonic, that will be made available at a regularly scheduled meeting and has been provided the opportunity to comment at an in-person meeting of the legislative body authorizing the subsidiary body to meet entirely remotely.
(iii) Teleconference meetings of the eligible subsidiary body would promote the attraction, retention, and diversity of eligible subsidiary body members.
(B) (i) An eligible subsidiary body authorized to use teleconferencing pursuant to this section may request to present any recommendations it develops to the legislative body that created it. (ii) Upon receiving a request described in clause (i), the legislative body that created the subsidiary body shall hold a discussion at a regular meeting held within 60 days after the legislative body receives the request, or if the legislative body does not have another regular meeting scheduled within 60 days after the legislative body receives the request, at the next regular meeting after the request is received. (iii) The discussion required by clause (ii) shall not be placed on a consent calendar, but may be combined with the legislative body’s subsequent consideration of the findings described in subparagraph (A) for the following 12 months.
(iv) The legislative body shall not take any action on any recommendations included in the report of a subsidiary body until the next regular meeting of the legislative body following the discussion described in clause (ii).
(C) After the legislative body makes the findings described in subparagraph (A), the eligible subsidiary body shall approve the use of teleconferencing by majority vote before using teleconference pursuant to this section.
(D) The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant to this section at any time. (b) (1) For purposes of this section, “eligible subsidiary body” means a legislative body that meets all of the following:
(A) Is described in subdivision (b) of Section 54952.
(B) Serves exclusively in an advisory capacity.
(C) Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds.
(D) Does not have primary subject matter jurisdiction, as defined by the charter, an ordinance, a resolution, or any formal action of the legislative body that created the subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals.
(2) An eligible subsidiary body may include members who are elected officials, members who are not elected officials, or any combination thereof.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. 1/7/26, 3:26 PM Codes Display Text
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54953.8.7.
(Added by Stats. 2025, Ch. 327, Sec. 14. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
(a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:
(1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session. (2) At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction.
(3) A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, “compensation” does not include reimbursement for actual and necessary expenses. (4) A member of the eligible multijurisdictional body may participate from a remote location provided that:
(A) The eligible multijurisdictional body identifies each member of the eligible multijurisdictional body who plans to participate remotely in the agenda.
(B) The member shall participate through both audio and visual technology. (5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles each way from any physical location of the meeting described in paragraph (2). (6) The provisions of this section shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for more than the following number of meetings, as applicable:
(A) Two meetings per year, if the legislative body regularly meets once per month or less. (B) Five meetings per year, if the legislative body regularly meets twice per month. (C) Seven meetings per year, if the legislative body regularly meets three or more times per month. (D) For the purpose of counting meetings attended by teleconference under this paragraph, a “meeting” shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day.
(b) For the purposes of this section, both of the following definitions apply:
(1) “Eligible multijurisdictional body” means a multijurisdictional board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter. (2) “Multijurisdictional” means either of the following:
(A) A legislative body that includes representatives from more than one county, city, city and county, or special district.
(B) A legislative body of a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1. (c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 15. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
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54954.
54954.1.
(a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees, for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body. (b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exercises jurisdiction, except to do any of the following:
(1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party.
(2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly related to the real or personal property.
(3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency’s jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter.
(4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. (6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. (7) Visit the office of the local agency’s legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs. (c) Meetings of the governing board of a school district shall be held within the district, except under the circumstances enumerated in subdivision (b), or to do any of the following:
(1) Attend a conference on nonadversarial collective bargaining techniques. (2) Interview members of the public residing in another district with reference to the trustees’ potential employment of an applicant for the position of the superintendent of the district. (3) Interview a potential employee from another district. (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961. (e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time. (Amended by Stats. 2004, Ch. 257, Sec. 1. Effective January 1, 2005.) Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. If a local agency has an internet website, the legislative body or its designee shall email a copy of, or website link to, the agenda or a copy of all the documents constituting the agenda packet if the person requests that the item or items be delivered by email. If the local agency determines it is technologically infeasible to send a copy of all documents constituting the agenda packet or 1/7/26, 3:26 PM Codes Display Text
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54954.2.
a link to a website that contains the documents by email or by other electronic means, the legislative body or its designee shall send by mail a copy of the agenda or a website link to the agenda and mail a copy of all other documents constituting the agenda packet in accordance with the mailing requirements established pursuant to this section. If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first. Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in which it is filed, and must be renewed following January 1 of each year. The legislative body may establish a fee for mailing the agenda or agenda packet, which fee shall not exceed the cost of providing the service. Failure of the requesting person to receive the agenda or agenda packet pursuant to this section shall not constitute grounds for invalidation of the actions of the legislative body taken at the meeting for which the agenda or agenda packet was not received. (Amended by Stats. 2021, Ch. 763, Sec. 1. (SB 274) Effective January 1, 2022.) (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda that meets all of the following requirements:
(A) The agenda shall contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words.
(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s internet website, if the local agency has one.
(C) (i) If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu.
(B) An online posting of an agenda, including, but not limited to, an agenda posted in an integrated agenda management platform, shall be posted in an open format that meets all of the following requirements:
(i) Retrievable, downloadable, indexable, and electronically searchable by commonly used internet search applications.
(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
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(i) A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state.
(E) For purposes of this paragraph, both of the following definitions apply:
(1) “Integrated agenda management platform” means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. (2) “Legislative body” means a legislative body that meets the definition of subdivision (a) of Section 54952. (3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on their own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
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54954.3.
54954.4.
(2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. (Amended (as amended by Stats. 2023, Ch. 131, Sec. 92) by Stats. 2025, Ch. 327, Sec. 16. (SB 707) Effective January 1, 2026.)
(a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2.
(2) (A) Notwithstanding paragraph (1), the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee’s consideration of the item.
(B) Subparagraph (A) shall not apply if any of the following conditions are met:
(i) The item has been substantially changed since the committee heard the item, as determined by the legislative body.
(ii) When considering the item, a quorum of the committee members did not participate from a singular physical location, that was clearly identified on the agenda, open to the public, and situated within the boundaries of the territory over which the local agency exercises jurisdiction. (iii) The committee has primary subject matter jurisdiction, as defined by the charter, an ordinance, a resolution, or any formal action of the legislative body that created the subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals. This clause shall not apply to an item if the local agency has adopted a law applicable to the meeting of the committee at which the item that was considered prohibits the committee from placing a limit on the total amount of time for public comment on the item.
(3) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.
(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. (2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency.
(3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously.
(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. (Amended by Stats. 2025, Ch. 327, Sec. 17. (SB 707) Effective January 1, 2026.) (a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986, authorizing reimbursement to local agencies and school districts for costs mandated by the state pursuant to that act, shall be interpreted strictly. The intent of the Legislature is to provide reimbursement for only those costs 1/7/26, 3:26 PM Codes Display Text
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54954.5.
which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing claims for reimbursement, or otherwise participating in the reimbursement process, to rigorously review each claim and authorize only those claims, or parts thereof, which represent costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which complete documentation exists. For purposes of Section 54954.2, costs eligible for reimbursement shall only include the actual cost to post a single agenda for any one meeting. (c) The Legislature hereby finds and declares that complete, faithful, and uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of overriding public importance. Unless specifically stated, no future Budget Act, or related budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or otherwise modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner.
(Added by Stats. 1991, Ch. 238, Sec. 1.)
For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. (a) With respect to a closed session held pursuant to Section 54956.7:

LICENSE/PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real property under negotiation)
Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both) (c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9:

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Specify by reference to claimant’s name, names of parties, case or claim numbers) or
Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations)
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Specify number of potential cases)
(In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to paragraphs (2) to (5), inclusive, of subdivision (e) of Section 54956.9.)
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Specify number of potential cases)
(d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95:

LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name)
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(e) With respect to every item of business to be discussed in closed session pursuant to Section 54957:

THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title)

PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)

PUBLIC EMPLOYMENT
Title: (Specify description of position to be filled)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)

PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6:

CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: (Specify names of designated representatives attending the closed session) (If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session.)
Employee organization: (Specify name of organization representing employee or employees in question) or
Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) (g) With respect to closed sessions called pursuant to Section 54957.8:

CASE REVIEW/PLANNING
(No additional information is required in connection with a closed session to consider case review or planning.) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code:

REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility) Estimated date of public disclosure: (Specify month and year)

HEARINGS
Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee)
(i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86:

CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with a closed session to discuss a charge or complaint pursuant to Section 54956.86.)
(j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96:

CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name) Discussion will concern: (Specify closed session description used by the joint powers agency) Name of local agency representative on joint powers agency board: (Specify name) (Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives.)
(k) With respect to every item of business to be discussed in closed session pursuant to Section 54956.75:

AUDIT BY CALIFORNIA STATE AUDITOR’S OFFICE
(Amended by Stats. 2012, Ch. 759, Sec. 6.1. (AB 2690) Effective January 1, 2013.) 1/7/26, 3:26 PM Codes Display Text
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54954.6. (a) (1) Before adopting any new or increased general tax or any new or increased assessment, the legislative body of a local agency shall conduct at least one public meeting at which local officials shall allow public testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment.

For purposes of this section, the term “new or increased assessment” does not include any of the following:
(A) A fee that does not exceed the reasonable cost of providing the services, facilities, or regulatory activity for which the fee is charged.
(B) A service charge, rate, or charge, unless a special district’s principal act requires the service charge, rate, or charge to conform to the requirements of this section. (C) An ongoing annual assessment if it is imposed at the same or lower amount as any previous year. (D) An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was previously adopted by the agency or approved by the voters in the area where the assessment is imposed. (E) Standby or immediate availability charges.
(2) The legislative body shall provide at least 45 days’ public notice of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the same time and in the same document as the notice for the public hearing, but the meeting shall occur prior to the hearing.
(b) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least one-eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first-class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision.

Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting after the meeting has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days after the first publication of the joint notice pursuant to this subdivision. Any written request for mailed notices shall be effective for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (2) The notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following:
(A) The amount or rate of the tax. If the tax is proposed to be increased from any previous year, the joint notice shall separately state both the existing tax rate and the proposed tax rate increase. (B) The activity to be taxed.
(C) The estimated amount of revenue to be raised by the tax annually. (D) The method and frequency for collecting the tax.
(E) The dates, times, and locations of the public meeting and hearing described in subdivision (a). (F) The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the tax. (c) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased assessment on real property or businesses shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this 1/7/26, 3:26 PM Codes Display Text
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subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 10-point type and shall be given to all property owners or business owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized county assessment roll, the State Board of Equalization assessment roll, or the local agency’s records pertaining to business ownership, as the case may be. (2) The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following:
(A) In the case of an assessment proposed to be levied on property, the estimated amount of the assessment per parcel. In the case of an assessment proposed to be levied on businesses, the proposed method and basis of levying the assessment in sufficient detail to allow each business owner to calculate the amount of assessment to be levied against each business. If the assessment is proposed to be increased from any previous year, the joint notice shall separately state both the amount of the existing assessment and the proposed assessment increase.
(B) A general description of the purpose or improvements that the assessment will fund. (C) The address to which property owners may mail a protest against the assessment. (D) The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the assessment. (E) A statement that a majority protest will cause the assessment to be abandoned if the assessment act used to levy the assessment so provides. Notice shall also state the percentage of protests required to trigger an election, if applicable.
(F) The dates, times, and locations of the public meeting and hearing described in subdivision (a). (G) A proposed assessment formula or range as described in subparagraph (D) of paragraph (1) of subdivision (a) if applicable and that is noticed pursuant to this section. (3) Notwithstanding paragraph (1), in the case of an assessment that is proposed exclusively for operation and maintenance expenses imposed throughout the entire local agency, or exclusively for operation and maintenance assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant to this subdivision or pursuant to paragraph (1) of subdivision (b) and shall include the estimated amount of the assessment of various types, amounts, or uses of property and the information required by subparagraphs (B) to (G), inclusive, of paragraph (2) of subdivision (c).
(4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of, the Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b). (d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede, existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong the governmental decisionmaking process.
(e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an election of either of the following:
(1) The property owners subject to the assessment.
(2) The voters within the local agency imposing the tax or assessment. (f) Nothing in this section shall prohibit a local agency from holding a consolidated meeting or hearing at which the legislative body discusses multiple tax or assessment proposals. (g) The local agency may recover the reasonable costs of public meetings, public hearings, and notice required by this section from the proceeds of the tax or assessment. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the public meetings, public hearings, and notice.
(h) Any new or increased assessment that is subject to the notice and hearing provisions of Article XIII C or XIII D of the California Constitution is not subject to the notice and hearing requirements of this section. 1/7/26, 3:26 PM Codes Display Text
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54955.
54955.1.
54956.
54956.5.
(Amended by Stats. 2011, Ch. 382, Sec. 3.5. (SB 194) Effective January 1, 2012.) The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule.
(Amended by Stats. 1959, Ch. 647.)
Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. (Added by Stats. 1965, Ch. 469.)
(a) (1) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency’s internet website, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telephone or electronic mail. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. (2) The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public.
(b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, of the legislative body or of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agency’s budget. (Amended by Stats. 2025, Ch. 327, Sec. 18. (SB 707) Effective January 1, 2026.) (a) For purposes of this section, “emergency situation” means both of the following:
(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. (2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide onehour notice before holding an emergency meeting under this section may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body. (b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the notice and posting requirements. 1/7/26, 3:26 PM Codes Display Text
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54956.6.
54956.7.
54956.75.
(2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. (A) Except as provided in subparagraph (B), the notice required by this paragraph shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.
(B) For an emergency meeting held pursuant to this section, the presiding officer of the legislative body, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.
(c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than twothirds of the members are present, by a unanimous vote of the members present. (d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. (e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible.
(Amended by Stats. 2025, Ch. 327, Sec. 19. (SB 707) Effective January 1, 2026.) No fees may be charged by the legislative body of a local agency for carrying out any provision of this chapter, except as specifically authorized by this chapter. (Added by Stats. 1980, Ch. 1284.)
Whenever a legislative body of a local agency determines that it is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant’s attorney, if any, for the purpose of holding the discussion and making the determination. If the legislative body determines, as a result of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential. If the applicant does not withdraw the application, the legislative body shall take action at the public meeting during which the closed session is held or at its next public meeting denying the application for the license but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license.
(Added by Stats. 1982, Ch. 298, Sec. 1.)
(a) Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency that has received a confidential final draft audit report from the Bureau of State Audits from holding closed sessions to discuss its response to that report.
(b) After the public release of an audit report by the Bureau of State Audits, if a legislative body of a local agency meets to discuss the audit report, it shall do so in an open session unless exempted from that requirement by some other provision of law.
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54956.8.
54956.81.
54956.86.
54956.87.
(Added by Stats. 2004, Ch. 576, Sec. 4. Effective January 1, 2005.) Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.

However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate.

For purposes of this section, negotiators may be members of the legislative body of the local agency.

For purposes of this section, “lease” includes renewal or renegotiation of a lease.

Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9.
(Amended by Stats. 1998, Ch. 260, Sec. 3. Effective January 1, 1999.) Notwithstanding any other provision of this chapter, a legislative body of a local agency that invests pension funds may hold a closed session to consider the purchase or sale of particular, specific pension fund investments. All investment transaction decisions made during the closed session shall be made by rollcall vote entered into the minutes of the closed session as provided in subdivision (a) of Section 54957.2. (Added by Stats. 2004, Ch. 533, Sec. 20. Effective January 1, 2005.) Notwithstanding any other provision of this chapter, a legislative body of a local agency which provides services pursuant to Section 14087.3 of the Welfare and Institutions Code may hold a closed session to hear a charge or complaint from a member enrolled in its health plan if the member does not wish to have his or her name, medical status, or other information that is protected by federal law publicly disclosed. Prior to holding a closed session pursuant to this section, the legislative body shall inform the member, in writing, of his or her right to have the charge or complaint heard in an open session rather than a closed session. (Added by Stats. 1996, Ch. 182, Sec. 2. Effective January 1, 1997.) (a) Notwithstanding any other provision of this chapter, the records of a health plan that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system, or records in any other form, that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulas or calculations for these payments, and contract negotiations with providers of health care for alternative rates are exempt from disclosure for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exemption.
(b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (f), shall be held in closed session. The requirements of making a public report of action taken in closed session, and the vote or abstention of every member present, may be limited to a brief general description without the information constituting the trade secret.
(c) Notwithstanding any other provision of law, the governing board of a health plan may meet in closed session to consider and take action on matters pertaining to contracts and contract negotiations by the health plan with providers of health care services concerning all matters related to rates of payment. The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request.
(d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law.
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54956.9.
(e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Managed Health Care in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter

2.2 of Division 2 of the Health and Safety Code.
(f) For purposes of this section, “health plan trade secret” means a trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that also meets both of the following criteria:
(1) The secrecy of the information is necessary for the health plan to initiate a new service, program, marketing strategy, business plan, or technology, or to add a benefit or product. (2) Premature disclosure of the trade secret would create a substantial probability of depriving the health plan of a substantial economic benefit or opportunity.
(Amended by Stats. 2015, Ch. 190, Sec. 65. (AB 1517) Effective January 1, 2016.) (a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation.
(b) For purposes of this chapter, all expressions of the lawyer-client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer-client privilege for purposes of conducting closed-session meetings pursuant to this chapter. (c) For purposes of this section, “litigation” includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. (d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist:
(1) Litigation, to which the local agency is a party, has been initiated formally. (2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.
(3) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (2). (4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.
(e) For purposes of paragraphs (2) and (3) of subdivision (d), “existing facts and circumstances” shall consist only of one of the following:
(1) Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.
(2) Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. (3) The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (4) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body.
(5) A statement threatening litigation made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body so long as the official or employee of the local agency receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which 1/7/26, 3:26 PM Codes Display Text
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54956.95.
54956.96.
record shall be available for public inspection pursuant to Section 54957.5. The records so created need not identify the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based, unless the identity of the person has been publicly disclosed. (f) Nothing in this section shall require disclosure of written communications that are privileged and not subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).
(g) Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on the agenda or publicly announce the paragraph of subdivision (d) that authorizes the closed session. If the session is closed pursuant to paragraph (1) of subdivision (d), the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency’s ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (h) A local agency shall be considered to be a “party” or to have a “significant exposure to litigation” if an officer or employee of the local agency is a party or has significant exposure to litigation concerning prior or prospective activities or alleged activities during the course and scope of that office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment. (Amended by Stats. 2021, Ch. 615, Sec. 206. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
(a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, for purposes of insurance pooling, or a local agency member of the joint powers agency, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers’ compensation liability incurred by the joint powers agency or a local agency member of the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the Local Agency Self-Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01) of Division 7 of Title 1, or a local agency member of the authority, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses, or workers’ compensation liability incurred by the authority or a local agency member of the authority. (c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other local agency. (Added by Stats. 1989, Ch. 882, Sec. 3.)
(a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a bylaw or including in its joint powers agreement provisions that authorize either or both of the following:
(1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a local agency member may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals:
(A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (B) Other members of the legislative body of the local agency present in a closed session of that local agency member.
(2) Any designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member’s regularly appointed member to attend closed sessions of the joint powers agency.
(b) (1) In addition to the authority described in subdivision (a), the Clean Power Alliance of Southern California, or its successor entity, may adopt a policy or a bylaw or include in its joint powers agreement a provision that authorizes both of the following:
(A) A designated alternate member of the legislative body of the Clean Power Alliance of Southern California, or its successor entity, who is not a member of the legislative body of a local agency member and who is 1/7/26, 3:26 PM Codes Display Text
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54956.96.
attending a properly noticed meeting of the Clean Power Alliance of Southern California, or its successor entity, in lieu of a local agency member’s regularly appointed member, to attend closed sessions of the Clean Power Alliance of Southern California, or its successor entity. (B) All information that is received by a designated alternate member of the legislative body of the Clean Power Alliance of Southern California, or its successor entity, who is not a member of the legislative body of a local agency member, and that is presented to the Clean Power Alliance of Southern California, or its successor entity, in closed session, shall be confidential. However, the designated alternate member may disclose information obtained in a closed session that has direct financial or liability implications for the local agency member for which the designated alternate member attended the closed session, to the following individuals:
(i) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (ii) Members of the legislative body of the local agency present in a closed session of that local agency member.
(2) If the Clean Power Alliance of Southern California, or its successor entity, adopts a policy or bylaw or includes in its joint powers agreement a provision authorized pursuant to paragraph (1), the Clean Power Alliance of Southern California, or its successor entity, shall establish policies to prevent conflicts of interest and to address breaches of confidentiality that apply to a designated alternate member who is not a member of the legislative body of a local agency member who attends a closed session of the Clean Power Alliance of Southern California, or its successor entity.
(c) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a) or (b), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b).
(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended (as amended by Stats. 2019, Ch. 248, Sec. 1) by Stats. 2024, Ch. 24, Sec. 1. (AB 1852) Effective January 1, 2025.

Repealed as of January 1, 2030, by its own provisions. See later operative version, as amended by Sec. 2 of Stats. 2024, Ch.

24.)
(a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a bylaw or including in its joint powers agreement provisions that authorize either or both of the following:
(1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a local agency member may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals:
(A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (B) Other members of the legislative body of the local agency present in a closed session of that local agency member.
(2) A designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member’s regularly appointed member to attend closed sessions of the joint powers agency.
(b) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a). (c) This section shall become operative on January 1, 2030. (Amended (as added by Stats. 2019, Ch. 248, Sec. 2) by Stats. 2024, Ch. 24, Sec. 2. (AB 1852) Effective January 1, 2025.

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54957.

Notwithstanding any provision of law, the governing board, or a committee of the governing board, of a public bank, as defined in Section 57600 of the Government Code, may meet in closed session to consider and take action on matters pertaining to all of the following:
(a) A loan or investment decision.
(b) A decision of the internal audit committee, the compliance committee, or the governance committee. (c) A meeting with a state or federal regulator.
(Added by Stats. 2019, Ch. 442, Sec. 14. (AB 857) Effective January 1, 2020.) (a) For purposes of this section, the following definitions shall apply:
(1) “Shareholder, member, or owner local agency” or “shareholder, member, or owner” means a local agency that is a shareholder of a public bank.
(2) “Public bank” has the same meaning as defined in Section 57600. (b) The governing board of a public bank may adopt a policy or a bylaw or include in its governing documents provisions that authorize any of the following:
(1) All information received by a shareholder, member, or owner of the public bank in a closed session related to the information presented to the governing board of a public bank in closed session shall be confidential.

However, a member of the governing board of a shareholder, member, or owner local agency may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals:
(A) Legal counsel of that shareholder, member, or owner local agency for purposes of obtaining advice on whether the matter has direct financial or liability implications for that shareholder local agency. (B) Other members of the governing board of the local agency present in a closed session of that shareholder, member, or owner local agency.
(2) A designated alternate member of the governing board of the public bank who is also a member of the governing board of a shareholder, member, or owner local agency and who is attending a properly noticed meeting of the public bank governing board in lieu of a shareholder, member, or owner local agency’s regularly appointed member may attend a closed session of the public bank governing board. (c) If the governing board of a public bank adopts a policy or a bylaw or includes provisions in its governing documents pursuant to subdivision (b), then the governing board of the shareholder, member, or owner local agency, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning information obtained in a closed session of the public bank governing board pursuant to paragraph (1) of subdivision (b).
(Added by Stats. 2019, Ch. 442, Sec. 15. (AB 857) Effective January 1, 2020.) (a) (1) This chapter does not prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or other law enforcement or security personnel, or a security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, a threat to the public’s right of access to public services or public facilities, or a threat to critical infrastructure controls or critical infrastructure information relating to cybersecurity.
(2) For purposes of this subdivision, the following definitions apply:
(A) “Critical infrastructure controls” means networks and systems controlling assets so vital to the local agency that the incapacity or destruction of those networks, systems, or assets would have a debilitating impact on public health, safety, economic security, or any combination thereof. (B) “Critical infrastructure information” means information not customarily in the public domain pertaining to any of the following:
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(i) Actual, potential, or threatened interference with, or an attack on, compromise of, or incapacitation of critical infrastructure controls by either physical or computer-based attack or other similar conduct, including, but not limited to, the misuse of, or unauthorized access to, all types of communications and data transmission systems, that violates federal, state, or local law or harms public health, safety, or economic security, or any combination thereof.
(ii) The ability of critical infrastructure controls to resist any interference, compromise, or incapacitation, including, but not limited to, any planned or past assessment or estimate of the vulnerability of critical infrastructure.
(iii) Any planned or past operational problem or solution regarding critical infrastructure controls, including, but not limited to, repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to interference, compromise, or incapacitation of critical infrastructure controls. (b) (1) Subject to paragraph (2), this chapter does not prevent the legislative body of a local agency from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session. (2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of their right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void.
(3) The legislative body also may exclude from the public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. (4) For the purposes of this subdivision, the term “employee” shall include an officer or an independent contractor who functions as an officer or an employee but shall not include any elected official, member of a legislative body or other independent contractors. This subdivision shall not limit local officials’ ability to hold closed session meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline.
(Amended by Stats. 2024, Ch. 243, Sec. 1. (AB 2715) Effective January 1, 2025.) (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows:
(1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as follows:
(A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held. (B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval. (2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. 1/7/26, 3:26 PM Codes Display Text
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(3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as follows:
(A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held.
(B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final, and upon inquiry by any person, the local agency shall disclose the fact of that approval, and identify the substance of the agreement.
(4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim, and any monetary amount approved for payment and agreed upon by the claimant.
(5) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any.
(6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation. (7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction. (b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information.
(c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete.
(d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval.
(e) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section.
(f) This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(Amended by Stats. 2006, Ch. 538, Sec. 311. Effective January 1, 2007.) (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be kept confidential. The minute book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have occurred at a 1/7/26, 3:26 PM Codes Display Text
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closed session, to a court of general jurisdiction wherein the local agency lies. The minute book may, but need not, consist of a recording of the closed session.
(b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a).
(Amended by Stats. 2021, Ch. 615, Sec. 207. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
(a) Agendas of public meetings are disclosable public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be made available upon request without delay and in compliance with Section 54954.2 or Section 54956, as applicable. However, this section shall not apply to a writing, or portion thereof, that is exempt from public disclosure. (b) (1) If a writing is a public record related to an agenda item for an open session of a regular meeting of the legislative body of a local agency and is distributed to all, or a majority of all, of the members of a legislative body of a local agency by a person in connection with a matter subject to discussion or consideration at an open meeting of the body less than 72 hours before that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body.
(2) (A) Except as provided in subparagraph (B), a local agency shall comply with both of the following requirements:
(i) A local agency shall make any writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose. (ii) A local agency shall list the address of the office or location designated pursuant to clause (i) on the agendas for all meetings of the legislative body of that agency. (B) A local agency shall not be required to comply with the requirements of subparagraph (A) if all of the following requirements are met:
(i) An initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item is made available for public inspection at the office or location designated pursuant to clause (i) of subparagraph (A) at least 72 hours before the meeting. (ii) The local agency immediately posts any writing described in paragraph (1) on the local agency’s internet website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting.
(iii) The local agency lists the web address of the local agency’s internet website on the agendas for all meetings of the legislative body of that agency.
(iv) (I) Subject to subclause (II), the local agency makes physical copies available for public inspection, beginning the next regular business hours for the local agency, at the office or location designated pursuant to clause (i) of subparagraph (A).
(II) This clause is satisfied only if the next regular business hours of the local agency commence at least 24 hours before that meeting.
(c) Writings that are public records described in subdivision (b) and distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
(d) This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 7922.530, except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. 1/7/26, 3:26 PM Codes Display Text
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54957.6.
54957.7.
54957.8.
(e) This section shall not be construed to limit or delay the public’s right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), including, but not limited to, the ability of the public to inspect public records pursuant to Section 7922.525 and obtain copies of public records pursuant to either subdivision (b) of Section 7922.530 or Section 7922.535. This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. (Amended (as amended by Stats. 2021, Ch. 615, Sec. 208) by Stats. 2022, Ch. 971, Sec. 1. (AB 2647) Effective January 1, 2023.)
(a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation, subject to all of the following conditions:
(1) Prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives.
(2) The closed session shall be for the purpose of reviewing its position and instructing the local agency’s designated representatives.
(3) The closed session may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees.
(4) Any closed session with the local agency’s designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency’s available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency’s designated representative.
(5) The closed session shall not include final action on the proposed compensation of one or more unrepresented employees.
(6) For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings.
(b) For the purposes of this section, the term “employee” shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors.
(Amended by Stats. 2025, Ch. 327, Sec. 20. (SB 707) Effective January 1, 2026.) (a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law. (b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session. (c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements.
(Amended by Stats. 1993, Ch. 1137, Sec. 15. Effective January 1, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.) (a) For purposes of this section, “multijurisdictional law enforcement agency” means a joint powers entity formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm; high technology, computer, or identity theft; human trafficking; or vehicle theft. 1/7/26, 3:26 PM Codes Display Text
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54957.95.
54957.96.
54957.10.
(b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law enforcement agency, or an advisory body of a multijurisdictional law enforcement agency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases.
(Amended by Stats. 2006, Ch. 427, Sec. 1. Effective September 22, 2006.) In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
(Amended by Stats. 2025, Ch. 327, Sec. 21. (SB 707) Effective January 1, 2026.) (a) (1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting, including any teleconferenced meeting. (2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b).
(b) As used in this section:
(1) “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law.
(B) Engaging in behavior that constitutes use of force or a true threat of force. (2) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. (Amended by Stats. 2025, Ch. 327, Sec. 22. (SB 707) Effective January 1, 2026.) (a) The existing authority of a legislative body or its presiding officer to remove or limit participation by persons who engage in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, including existing limitations upon that authority, shall apply to members of the public participating in a meeting via a two-way telephonic service or a two-way audiovisual platform. (b) For purposes of this section, the following definitions apply:
(1) “Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic service. A two-way audiovisual platform may be structured to disable the use of video for the public participants. (2) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. (Added by Stats. 2025, Ch. 327, Sec. 23. (SB 707) Effective January 1, 2026.) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions to discuss a local agency employee’s application for early withdrawal of funds in a deferred compensation plan when 1/7/26, 3:26 PM Codes Display Text
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54959.
54960.
the application is based on financial hardship arising from an unforeseeable emergency due to illness, accident, casualty, or other extraordinary event, as specified in the deferred compensation plan. (Added by Stats. 2001, Ch. 45, Sec. 1. Effective January 1, 2002.) The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law.
(Added by Stats. 1953, Ch. 1588.)
Each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows or has reason to know the public is entitled under this chapter, is guilty of a misdemeanor.
(Amended by Stats. 1994, Ch. 32, Sec. 18. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.) (a) The district attorney or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided.
(b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the legislative body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate. (c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording. (2) The audio recordings shall be subject to the following discovery procedures:
(A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following:
(i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded, and the governmental agency that has custody and control of the recording.
(ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session.
(3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act.
(4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding. (5) This section shall not permit discovery of communications that are protected by the attorney-client privilege. (Amended by Stats. 2012, Ch. 732, Sec. 1. (SB 1003) Effective January 1, 2013.) 1/7/26, 3:26 PM Codes Display Text
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54960.1. (a) The district attorney or any interested person may commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 is null and void under this section.

Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action challenged pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall make a demand of the legislative body to cure or correct the action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5. The demand shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation. (c) (1) The written demand shall be made within 90 days from the date the action was taken unless the action was taken in an open session but in violation of Section 54954.2, in which case the written demand shall be made within 30 days from the date the action was taken.
(2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action. (3) If the legislative body takes no action within the 30-day period, the inaction shall be deemed a decision not to cure or correct the challenged action, and the 15-day period to commence the action described in subdivision (a) shall commence to run the day after the 30-day period to cure or correct expires. (4) Within 15 days of receipt of the written notice of the legislative body’s decision to cure or correct, or not to cure or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the demanding party shall be required to commence the action pursuant to subdivision (a) or thereafter be barred from commencing the action.
(d) An action taken that is alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 shall not be determined to be null and void if any of the following conditions exist:
(1) The action taken was in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6, 54956, and 54956.5.
(2) The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness or any contract, instrument, or agreement thereto. (3) The action taken gave rise to a contractual obligation, including a contract let by competitive bid other than compensation for services in the form of salary or fees for professional services, upon which a party has, in good faith and without notice of a challenge to the validity of the action, detrimentally relied. (4) The action taken was in connection with the collection of any tax. (5) Any person, city, city and county, county, district, or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2, Section 54956, or Section 54956.5, because of any defect, error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed pursuant to Section 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to Section 54956.5.
(e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (f) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. (Amended by Stats. 2002, Ch. 454, Sec. 23. Effective January 1, 2003.) 1/7/26, 3:26 PM Codes Display Text
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54960.2. (a) The district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met:
(1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation. (2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine months of the alleged violation.
(3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c).
(4) Within 60 days of receipt of the legislative body’s response to the cease and desist letter, other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commencing the action. (b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to this section, in accordance with Section 54960.5. (c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form: