CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020. THIS TELEC ONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVE RNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC
THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY
JOINING THE ZOOM MEETING
HTTPS://FOSTERCITY-ORG.ZOOM.US/J/88022719044 PUBLIC
COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.
Consistent with Government Code Section 54953, this City/District Meeting will be held via teleconference in addition to in person. City Councilmembers/District Board and staff will attend in person or via teleconference.
To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home or attend the meeting in person. Below is information on how the public may observe and participate in the meeting.
To Attend the Meeting in Person:
• Location: 620 Foster City Blvd, Foster City, California, 94404
To Provide Public Comment in Person:
• Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non- agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.
To Observe the Meeting via Teleconference/Video Conference:
• To access the meeting by computer / smartphone, go to:
https://fostercity-org.zoom.us/j/88022719044
• To dial-in via phone:
1- 669-900-6833 or
1-408-638-0968
And enter Webinar ID: 880 2271 9044
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
• During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dial-in attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written
record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items 1 not on the agenda
• Include the submitter’s full name (Recommended but not required)
Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.
AGENDA
Monday, May 9, 2022 6:30 PM
SPECIAL MEETING
1. CALL TO ORDER
2. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi
3. PUBLIC
Pursuant to Government Code Section 54954.3(a), members of the public wishing to address the Council may do so, and the comments shall be limited to the Special Meeting notice topic(s). Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
4. STUDY SESSION
4.1. Review of the Preliminary Budget for FY 2022-2023 and the Five-Year Financial Plan for FY 2022-2023 to FY 2026-2027
a) Staff Report
b) By Minute Order, Provide Policy Direction
5. ORDINANCES FOR INTRODUCTION
5.1. An Ordinance of the City of Foster City Adding Chapter 5.73 (Minimum Wage) to the Foster City Municipal Code
a) Staff Report
b) Action -
i) Introduce Ordinance by title, by motion waive further reading ii) By motion pass ordinance to second reading
2 6. ADJOURNMENT
The public is invited to attend.
Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286-3250 at least 48 hours in advance of the meeting.
Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.
City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:
LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) 3 DATE: May 9, 2022
TO: Mayor and Members of the City Council
FROM: Edmund Suen, Interim City Manager
SUBJECT: REVIEW OF THE PRELIMINARY BUDGET FOR FISCAL YEAR 2022-2023 AND FIVE-YEAR FINANCIAL PLAN FOR FY 2022-
2023 TO FY 2026-2027
RECOMMENDATION
It is recommended that the City Council review and provide direction, by Minute Order, on the information provided in the FY 2022-2023 Preliminary Budget and the FY 2022-2023 to FY 2026-2027 Five-Year Financial Plan.
EXECUTIVE SUMMARY
The purpose of this study session is for the City Council to review and provide policy direction on the Preliminary Budget for FY 2022-2023 and the FY 2022- 2023 to FY 2026-2027 Five-Year Financial Plan.
On June 6, 2022, the City Council will hold a public hearing on the FY 2022- 2023 Budget where they will discuss the Preliminary Budget, non-profit funding awards, and provide any further policy direction to be incorporated into the final budget document. Formal adoption of the budget is scheduled for June 20, 2022, with duplication and distribution by June 30, 2022.
BACKGROUND
The City Council has held two budget study sessions to-date (February 28, 2022 and March 28, 2022) and this budget study session is the third of four planned. Its purpose is to review the Preliminary Budget for FY 2022-2023 and the Five-Year Financial Plan for FY 2022-2023 to FY 2026-2027. City 4 staff seeks policy direction from the City Council regarding the budget documents so that a final budget can be prepared for City Council adoption.
ANALYSIS
REVIEW OF THE FIVE-YEAR FINANCIAL PLAN AND THE PRELIMINARY BUDGET FOR FY 2022-2023 BUDGET
At tonight’s budget study session, the Preliminary Budget for FY 2022-2023 and Five-Year Financial Plan for FY 2022-2023 to FY 2026-2027 will be reviewed. Please refer to the City Manager’s Budget Message, the Budget Guide, the Five-Year Financial Plan and the Financial and Personnel Summaries sections for the overview and summaries of this year’s budget document. The other sections of the budget document contain the individual department or fund summary and budget detail. The Preliminary Budget for FY 2022-2023 has been posted on the City website here:
https://www.fostercity.org/finance/page/annual-budget.
FISCAL IMPACT/CONCLUSION
Based on policy direction provided at tonight's Budget Study Session, City staff will proceed to prepare the FY 2022-2023 Final Budget and Five-Year Financial Plan for FY 2022-2023 to FY 2026-2027 to be considered for adoption on June 20, 2022. Assuming the budget document is approved at that meeting, it will become effective on July 1, 2022.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item is in alignment with City Council’s Vision and Mission Statements for a "Sustainable Foster City" under the economic sustainability framework. It is illustrative of the City's commitment to fiscal prudence and responsibility, in delivering a balanced budget, and to promote transparency throughout all its processes.
Attachments:
Preliminary Budget for FY 2022-2023 (via link)
5 DATE: May 9, 2022
TO: Mayor and Members of the City Council
FROM: Edmund Suen, Interim City Manager
Jennifer Phan, Interim Deputy City Manager
SUBJECT: PROPOSED ORDINANCE ADDING CHAPTER 5.73, MINIMUM
WAGE, TO THE FOSTER CITY MUNICIPAL CODE
RECOMMENDATION
It is recommended that the City Council introduce by title only, waive further reading of an ordinance adding Chapter 5.73 (Minimum Wage) to the Foster City Municipal Code, and pass the ordinance to second reading.
EXECUTIVE SUMMARY
At the April 4, 2022 meeting, City Council provided policy direction on how it would like to proceed with minimum wage in light of the options that have been proposed to-date. Per Minute Order No. 1850 (Attachment 2), it was ordered for staff to:
1. Prepare an ordinance to add a new chapter to the Foster City Municipal Code providing minimum wage of $15.75/hour, starting as soon as feasible to carry through end of 2022; and
2. Increase minimum wage to $16.50/hour starting January 1, 2023, with increases on January 1 thereafter based on the Regional Consumer Price Index capped at 3.0%.
The attached ordinance accomplishes this by introducing Chapter 5.73 to the Foster City Municipal Code (Attachment 1). Should City Council wish to establish a local minimum wage within the City of Foster City, this ordinance should be introduced and set for second reading. The ordinance will take 6 effect and will be enforced at a minimum thirty (30) days after its adoption at the second reading. To ease implementation on local employers, staff is seeking to have the ordinance take effect starting on July 1, 2022 to align with the new fiscal year.
BACKGROUND
Discussion of a City minimum wage ordinance initially occurred at the November 18, 2019 City Council meeting, after which City Council directed staff to complete further analysis on the impacts a minimum wage policy would have on Foster City. Due to the COVID-19 pandemic, it was decided that further study of minimum wage should be suspended or placed on pause, considering the economic conditions at that time.
At the May 25, 2021 City Council meeting, staff presented an update on additional tasks, research, and analysis that would need to be completed before a minimum wage ordinance could be adopted and a cost estimate for staff time needed to prepare sufficient information and analysis. Staff was directed to complete analysis for a local minimum wage ordinance (including community outreach and input) that would lead to a City ordinance on a phased timeline starting at $16.00 an hour and increasing annually based on the Regional Consumer Price Index.
At the October 18, 2021 City Council meeting, staff presented research and analysis for a local minimum wage ordinance that included community outreach and input. After consideration of the report’s information, the City Council directed staff to prepare a local minimum wage ordinance requiring all employers located and doing business in Foster City to pay $15.50 an hour to any employee who works more than two hours a week starting January 1, 2022. The minimum wage would then increase to $16.00 an hour starting January 1, 2023 and will be adjusted annually on January 1 based on the Regional Consumer Price Index.
Due to pending considerations from the Fair Political Practices Commission (FPPC), the item was brought to City Council on January 31, 2022 (after the original January 1, 2022 intended effective date). A draft ordinance was prepared for City Council review that accomplished the requested minimum wage increase by introducing Chapter 5.73 to the Foster City Municipal Code (Attachment 1). However, after discussion and weighing different options, the item failed to receive enough votes to pass, and the motions presented failed.
7 At the February 7, 2022 City Council meeting, it was requested by Councilmember Patrick Sullivan that the minimum wage item be reagendized.
The request received an indication of majority support, and staff then returned to City Council on April 4, 2022 to present a summary of options considered to-date and to seek policy direction on next steps. At this meeting, City Council provided direction via Minute Order No. 1850 (Attachment 2) for staff to:
1. Prepare an ordinance to add a new chapter to the Foster City Municipal Code providing minimum wage of $15.75/hour, starting as soon as feasible to carry through end of 2022; and
2. Increase minimum wage to $16.50/hour starting January 1, 2023, with increases on January 1 thereafter based on the Regional Consumer Price Index capped at 3.0%.
ANALYSIS
The proposed ordinance is modeled after minimum wage ordinances in neighboring cities in San Mateo County and includes the following key provisions:
Applies to all employers located in and doing business in Foster City; Applies to all employees who perform at least two hours of work for an employer located and doing business in Foster City;
An Employee who is a Learner, as defined by California Industrial Welfare Commission Order No. 4-2001, shall be paid no less than 85 percent of the applicable Minimum Wage for the first 160 hours of employment. Thereafter, the Employee shall be paid the applicable Minimum Wage rate;
Retaliation including discharge or reduction in pay by an employer after an employee files a complaint is prohibited unless the employer has clear and convincing evidence or just cause for such discharge; Each employer shall maintain payroll records for each employee for at least three years and provide copies of records upon the employee’s request;
Provisions of the ordinance may be waived in whole or in part with respect to employees covered under a written collective bargaining agreement under the specific circumstances;
The ordinance shall not be applied to the extent it will cause the loss of federal or state funding of City activities.
8 Today’s meeting is the introduction and first reading of the proposed ordinance. If passed onto second reading at the May 16, 2022 City Council meeting, the ordinance will take effect and will be enforced at a minimum of thirty (30) days after its adoption at the second reading. To ease implementation on local employers, staff is seeking to have the ordinance take effect starting on July 1, 2022 to align with the new fiscal year.
Minimum Wage Ordinance Enforcement
Establishing appropriate enforcement provisions is a key component of a minimum wage ordinance. As part of adopting a local minimum wage ordinance, the City will need to implement a process and identify staff to administer and enforce the ordinance. Several cities with existing minimum wage ordinances in Santa Clara County and San Mateo County have contracted with the City of San Jose Office of Equality Assurance (OEA) for enforcement services using a complaint-driven model that can require significant time and paperwork. OEA services range from answering written and telephone inquiries to conducting complaint intake of complaints that includes preparing, documenting, and serving a written notice of complaint that is sent to employers if warranted. OEA will visit the employer as part of the investigative process and interview the complainant and any current or former employees that may be involved, but services do not include an enforcement action. If the complaint results in legal enforcement or an appeal, there may be additional costs for the City. As previously estimated, the cost for OEA’s services is $45,000 for an initial three-year term.
Even though most cities contracting with OEA have had few complaints, the investigation of one complaint can take several months. The outcome and resolution of one complaint can involve many former employees and result in restitution of a significant amount of money on the part of the business, although this is a rare occurrence. Depending on the date the ordinance goes into effect, the “look-back” period for investigating a complaint is typically three to four years. Ordinances typically require employers to keep payroll records for a similar period of time.
At a future City Council meeting, staff will be requesting additional resources via a contractual service agreement to administer and enforce the minimum wage ordinance appropriately.
9 FISCAL IMPACT
The fiscal impact to the City for adjusting hourly wages for part-time or full- time in the coming and subsequent fiscal years will be captured as part of the annual budget process.
There are also indirect, staff costs associated with necessary noticing to employers about the new wage rate and other public outreach efforts (being conducted done in-house).
Lastly, as mentioned, the City will be bringing an agreement for outsourcing enforcement of the local minimum wage ordinance to City Council for consideration at an upcoming City Council meeting. The estimated cost for an initial three-year agreement with the City of San Jose is $45,000, with optional two-year term extensions thereafter at $15,000 each year. Funding of this contractual service will be reflected in the FY 2022-2023 Budget.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
As part of the City Council’s Vision and Mission, it desires to take actions that deliver equity and foster a vibrant economy. This item is in alignment with the “Public Safety and Social Equity” Value/Priority Area in that it serves to support a thriving economy and seeks to allow community members to enhance their quality of life.
Attachments:
Attachment 1 – Ordinance
Attachment 2 – Minute Order No. 1850
10 ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF FOSTER CITY ADDING CHAPTER 5.73 (MINIMUM
WAGE) TO THE FOSTER CITY MUNICIPAL CODE
CITY OF FOSTER CITY
WHEREAS, the State of California has enacted a minimum wage that reached $15.00 per hour in January of 2022; and
WHEREAS, recognizing the higher cost of living on the Peninsula and in an effort to support the stability of the community and economic security of local workers, the City Council of the City of Foster City wishes to enact a citywide minimum wage to reach no less than $15.75 per hour starting July 1, 2022, followed by $16.50 per hour by January 1, 2023, with increases occurring on January 1 thereafter based on the Regional Consumer Price Index not to exceed three percent (3.0%); and WHEREAS, the City of Foster City may adopt a higher minimum wage pursuant to the powers vested in the City under the laws and Constitution of the State of California including but not limited to the police powers vested in the City pursuant to Article XI, Section 7, of the California Constitution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS:
Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to adopt a new Chapter 5.73 of the Foster City Municipal Code to provide a minimum wage of $15.75 per hour starting July 1, 2022 and a minimum wage of $16.50 per hour on January 1, 2023, and increases on January 1 thereafter based on the Regional Consumer Price Index, not to exceed three percent (3.0%).
Section 2. Adding Chapter 5.73 to the Foster City Municipal Code. Chapter 5.73 “Minimum Wage” is added the Foster City Municipal Code to read as follows:
“Chapter 5.73
MINIMUM WAGE
SECTIONS
5.73.010 Definitions.
5.73.020 Minimum Wage.
11 5.73.030 Notice and Posting.
5.73.040 Implementation.
5.73.050 Enforcement.
5.73.060 Waiver through Collective Bargaining.
5.73.070 No Pre-Emption of Higher Standards.
5.73.080 Federal or State Funding.
5.73.010Definitions.
As used in this Chapter, the following terms shall have the following meanings:
A. “Calendar week” shall mean a period of seven consecutive days starting on Sunday.
B. “City” shall mean the City of Foster City.
C. “Employee” shall mean any person who in a Calendar Week performs at least two (2) hours of work for an Employer within the geographic boundaries of the City, and qualifies as an employee entitled to payment of a minimum wage from any Employer under the California Minimum Wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the State of California Industrial Welfare Commission. Employees shall include Learners, as defined by the California Industrial Welfare Commission.
D. “ Employer” shall mean any person (including a natural person, corporation, non- profit corporation, general partnership, limited partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign), who receives or holds a business license from the City, and who directly or indirectly (including through the services of a temporary services or staffing agency or similar entity) employs or exercises control over the wages, hours or working conditions of any Employee.
E. “Minimum Wage” shall have the meaning set forth in Section 5.73.020 of this Chapter.
12 5.73.020Minimum Wage.
A. Employers shall pay Employees no less than the Minimum Wage for each hour worked within the geographic boundaries of the City.
B. The Minimum Wage paid shall be as follows: Beginning July 1, 2022, the Minimum Wage shall be an hourly rate of $15.75 and beginning January 1, 2023, the Minimum Wage shall be an hourly rate of $16.50.
C. Beginning on January 1, 2024, and each January thereafter, the minimum wage shall increase by an amount corresponding to the prior year’s increase, if any, in the cost of living, not to exceed three percent (3.0%). The prior year’s increase in the cost of living shall be measured by the percentage increase, if any, as of August of the immediately preceding year of the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers, San Francisco-Oakland-Hayward, CA for All Items) or its successor index as published by the U.S. Department of Labor or its successor agency. The change shall be calculated by using the August to August change in the CPI to calculate the annual increase, if any. A decrease in the CPI shall not result in a decrease in the minimum wage.
D. An Employee who is a Learner, as defined by California Industrial Welfare Commission Order No. 4-2001, shall be paid no less than 85 percent of the applicable Minimum Wage for the first 160 hours of employment. Thereafter, the Employee shall be paid the applicable Minimum Wage rate.
E. An Employer may not deduct an amount from wages due an Employee on account of any tip or gratuity, or credit the amount or any part thereof, of a tip or gratuity, against, or as a part of, the wages due the Employee from the Employer.
5.73.030Notice and Posting.
A. By December 1 of each year, the City shall publish and make available to Employers a bulletin announcing the adjusted Minimum Wage rate, to take effect January 1 of the following year. In conjunction with this bulletin, the City shall, by December 1 of each year, publish and make available to Employers, in English and other languages as provided in any implementing regulations, a notice suitable for posting by Employers in the workplace informing Employees of the current Minimum Wage rate and of their rights under this Chapter.
B. Each Employer shall give written notification to each current Employee, and to each new Employee at time of hire, of his/her/their rights under this Chapter. The notification shall be in English and other languages as provided in any implementing regulations, and shall also be posted prominently in areas at the work site where it will be seen by all Employees. Every Employer shall also provide each Employee, at the time of hire, with the Employer’s name, address, and telephone number in writing. Failure to post such notice shall constitute a violation 13 of this Municipal Code. The City is authorized to prepare sample notices and Employers’ use of such notices shall constitute compliance with this subsection.
5.73.040Implementation.
City may promulgate regulations for the implementation and enforcement of this Chapter.
Any regulation promulgated by City shall have the force and effect of law and may be relied on by Employers, Employees and other parties to determine their rights and responsibilities under this Chapter. Any regulations may establish procedures for ensuring fair, efficient and cost-effective implementation of this Chapter, including supplementary procedures for informing Employees of their rights under this Chapter, for monitoring Employer compliance with this Chapter, and for providing administrative hearings or determining whether an Employer has violated the requirements of this Chapter.
5.73.050Enforcement.
A. Enforcement by the City. City may take any enforcement action set forth in Title 1 of this Municipal Code to address violations of this Chapter. Alternatively, City may elect to contract for enforcement services with a third party. If City elects to enter into such a contract, the City shall provide public, written procedures for such enforcement and any such enforcement shall be consistent with the due process rights established by Title 1 of this Code and relevant law.
B. Private Rights of Action. An Employee claiming harm from a violation of this Chapter may bring an action against the Employer in court to enforce the provisions of this Chapter and shall be entitled to all remedies available to correct any violation of this Chapter, including but not limited to, back pay, reinstatement, injunctive relief, or civil penalties as provided herein. An Employee who is a prevailing party in an action to enforce this Chapter is entitled to an award of reasonable attorney fees, witness fees, and costs.
C. Remedies.
1) The remedies for violation of this Chapter include but are not limited to:
(A) Reinstatement, the payment of back wages unlawfully withheld, and payment of an additional sum as a civil penalty in the amount of $50 to each Employee whose rights under this Chapter were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this Code or state law.
14 (B) Interest on all due and unpaid wages at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, to the date the wages are paid in full.
(C) Reimbursement of the City’s administrative costs of enforcement and reasonable attorney fees.
(D) The City may require the Employer to pay an additional sum as a civil penalty in the amount of $50 to the City for each Employee or person whose rights, under this Chapter, were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this Code or state law, where there has been a previous violation of this Chapter. 2) The remedies, penalties and procedures provided under this Chapter are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures established by law which may be pursued to address violations of this Chapter. Actions taken pursuant to this Chapter shall not prejudice or adversely affect any other action, administrative or judicial, that may be brought to abate a violation or to seek compensation for damages suffered.
D. Retaliation Barred.
1) An Employer shall not discharge, reduce the compensation or otherwise retaliate against any Employee for making a complaint to the City, participating in any of the City’ s proceedings, using any civil remedies to enforce his or her rights, or otherwise asserting his or her rights under this Chapter. Within 120 days of an Employer being notified of such activity, it shall be unlawful for the Employer to discharge any Employee who engaged in such activity unless the Employer has clear and convincing evidence of just cause for such discharge.
2) No Employer may fund increases in compensation required by this Chapter, nor otherwise respond to the requirements of this Chapter, by reducing the wage rate paid to any Employee, nor by increasing charges to them for parking, meals, uniforms or other items, nor by reducing the citation or other non-wage benefits of any such Employee, except to the extent such prohibition would be pre-empted by the Federal Employee Retirement Income Security Act.
E. Retention of Records. Each Employer shall maintain for at least three years for each Employee, a record of his or her name, hours worked and pay rate. Each 15 Employer shall provide each Employee a copy of the records relating to such Employee upon the Employee’s reasonable request.
5.73.060Waiver through Collective Bargaining.
The provisions of this Chapter may be waived in whole or in part with respect to employees covered under a collective bargaining agreement if all of the following circumstances apply: (a) Both parties to the collective bargaining agreement agree in writing to such waiver in whole or in part; and (b) the collective bargaining agreement contains provisions which specifically allow waivers of municipal minimum wage rates in excess of the contractually required wage rates for any group or groups of covered employees.
5.73.070No Pre-Emption of Higher Standards.
The purpose of this Chapter is to ensure minimum labor standards. This Chapter does not preempt or prevent the establishment of superior employment standards (including higher wages) or the expansion of coverage by ordinance, resolution, contract, or any other action of the City. This Chapter shall not be construed to limit a discharged Employee’s right to bring a common law cause of action for wrongful termination.
5.73.080Federal or State Funding.
This Chapter shall not be applied to the extent it will cause the loss of any federal or State funding of City activities.
Section 3. Severability.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
16 Section 4. Environmental Determination.
The Ordinance is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of having a significant effect on the environment.
Section 5. Publication.
This Ordinance shall be published in a newspaper of general circulation in accordance with California Government Code Section 36933, published, and circulated in the City of Foster City, and shall be in full force and effect at a minimum thirty (30) days after its final passage.
Section 6. Effective Date.
This Ordinance shall take effect and be in force starting on July 1, 2022, which is forty- six (46) days from and after its adoption.
Section 7. Posting.
Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council. 17 This Ordinance was introduced and read on the 9th day of May, 2022, and passed and adopted on the 16th day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
18 MINUTE ORDER
No. 1850
OFFICE OF THE CITY CLERK
FOSTER CITY, CALIFORNIA
Date: April 5, 2022
Attention: City Council/EMID Board
Kevin Miller, Interim City/District Manager
Jennifer Phan, Interim Deputy City Manager
City Council/EMID Board of Directors Meeting Date: April 4, 2022
Subject: Report on Minimum Wage Next Steps
Motion by Councilmember Hindi, seconded by Councilmember Sullivan and carried by roll call vote, 3-0-1, Councilmember Froomin abstained, IT WAS ORDERED to:
1. Prepare an ordinance to add a new chapter to the Foster City Municipal Code providing minimum wage of $15.75/hour, starting as soon as feasible to carry through end of 2022; and
2. And to increase minimum wage to $16.50/hour starting January 1, 2023, with increases on January 1 thereafter based on the Regional Consumer Price Index capped at 3%.
CITY CLERK/DISTRICT SECRETARY
*Councilmember Gehani recused himself due to owning a business within Foster City.
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