724
unpaid shall become immediately due and payable and that the current license shall be revocable by the collector upon thirty days’ notice. In the event legal action is brought by the city to collect any amount included in the agreement, such person shall pay all costs of suit incurred by the city or its assignee, including a reasonable attorney’s fee. The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate provided in this article, but no penalties shall accrue on account of taxes included in the agreement after the execution of the agreement and the payment of the first installment and during such time as such person is not in breach of the agreement. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-121.030)
5.20.050
Refunds of overpayments.
No refund of an overpayment of taxes imposed by this article shall be allowed in whole or in part unless a claim for refund is filed with the collector within a period of one year from the last day of the calendar month following the period for which the overpayment was made, and all such claims for refund of the amount of the overpayment must be filed with the collector on forms furnished by him or her and in the manner prescribed by him or her. Upon the filing of such a claim and a determination that an overpayment has been made, the collector may refund the amount overpaid. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-122) The Foster City Municipal Code is current through Ordinance 646, passed March 21, 2022.
Foster City Municipal Code Chapter 5.20 LICENSE TAX PAYMENT—PENALTIES—
REFUNDS
725
Chapter 5.24
GROSS RECEIPTS TAX
Sections:
5.24.010
Rates.
5.24.020
Tax limit on number of multiple corporate entities.
Prior ordinance history: Prior code §§ 4-123.020 and 4-123.030.
5.24.010
Rates.
Every person who engages in business at a fixed place of business within the city shall pay a license tax of seventy-five cents per one thousand dollars (or 0.075 percent) of gross receipts or part thereof subject to the following:
A. Minimum Tax. The minimum tax shall be as follows:
Effective
Date
General
Contractor
Specialty
Contractor
Solicitor
All Other
Businesses
January
1, 2014
$100
$50
$50
$50
January
1, 2015
$150
$75
$75
$75
January
1, 2016,
and
thereafter
$200
$100
$100
$100
B. Gross Receipts Limit. The limit upon which the license tax shall be computed will be as follows:
1. Effective January 1, 2014, taxable gross receipts shall be limited to ten million dollars.
2. Effective January 1, 2015, taxable gross receipts shall be limited to twenty million dollars.
3. Effective January 1, 2016, taxable gross receipts shall be limited to thirty million dollars.
4. Effective January 1, 2017, and every January 1st thereafter, the taxable gross receipts limit shall be adjusted by the percentage change in the Consumer Price Index (All Urban Consumers) issued by the Bureau of Labor Statistics of the United States Department of Labor for the San Francisco-Oakland-San Jose, California, area (or any successor to that index) for the month of October immediately preceding, rounded to the nearest ten thousand dollars. (Ord. 572 § 1 Exh.
A (part), 2013: Ord. 84 § 1, 1973: Ord. 45 § 1 (part), 1972: prior code § 4-123.010) The Foster City Municipal Code is current through Ordinance 646, passed March 21, 2022.
Foster City Municipal Code Chapter 5.24 GROSS RECEIPTS TAX Page 16 of 21 726
5.24.020
Tax limit on number of multiple corporate entities.
Subject to the provisions of Section
5.04.040
, the gross receipts of separate legal entities conducting business at the same location that use separate books and records, other than those entities which are considered investment funds or trusts established for the sole purpose of providing investment instruments to investors, shall be reported on a form required by the collector, and the computation of the license taxes payable under Section
5.24.010
shall be computed based on the three legal entities
with the largest reported gross receipts. (Ord. 572 § 1 Exh. A (part), 2013) The Foster City Municipal Code is current through Ordinance 646, passed March 21, 2022.
Foster City Municipal Code Chapter 5.24 GROSS RECEIPTS TAX Page 17 of 21 727
Chapter 5.32
DELIVERY AND OUTSIDE BUSINESS
Sections:
5.32.010
Delivery by vehicle.
5.32.020
Outside businesses.
5.32.010
Delivery by vehicle.
Every person not having a fixed place of business within the city, and not being otherwise licensed or classified in this article, who delivers goods, wares or merchandise of any kind by vehicle, or who provides any service by the use of vehicles in the city, shall pay a license tax equivalent to the minimum tax specified in Section
5.24.010
. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972:
prior code § 4-125)
5.32.020
Outside businesses.
Every person not having a fixed place of business within the city who engages in business within the city and is not subject to the provisions of Section
5.32.010
shall pay a license tax at the rate
prescribed in this article for persons engaged in the same type of business and having a fixed place of business within the city. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4- 126)
The Foster City Municipal Code is current through Ordinance 646, passed March 21, 2022.
Foster City Municipal Code Chapter 5.32 DELIVERY AND OUTSIDE BUSINESS Page 18 of 21 728
Chapter 5.36
APPEAL
Sections:
5.36.010
Appeal.
5.36.010
Appeal.
Any person aggrieved by any final decision of the collector with respect to the issuance or refusal to issue a business license, the classification of a business, or any other matter under this article may appeal by submitting a letter and the basis upon which an appeal should be granted with the city clerk.
The city manager or a hearing officer designated by the city manager shall thereupon fix a time and place for hearing such appeal. The city clerk shall give notice to such person of the time and place of hearing in the manner specified in Section
5.16.040
(C). The city manager or hearing officer shall have
authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this article or other applicable law. The written decision of the city manager or hearing officer shall be final as to the city and subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-115)
The Foster City Municipal Code is current through Ordinance 646, passed March 21, 2022.
Foster City Municipal Code Chapter 5.36 APPEAL Page 19 of 21 729
Chapter 5.40
ENFORCEMENT
Sections:
5.40.010
Rules and regulations.
5.40.020
Enforcement officials.
5.40.030
Business premises—Inspection authorization.
5.40.040
Business premises—Inspection entry right.
5.40.050
License tax a debt.
5.40.060
Remedies cumulative.
5.40.010
Rules and regulations.
The collector may make rules and regulations not inconsistent with the provisions of this article as may be necessary or desirable to aid in the enforcement of the provisions of this article. He or she shall give notice of those rules in the manner required by law for publication of ordinances. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-127)
5.40.020
Enforcement officials.
The collector shall enforce this article, and the chief of police shall render such assistance in the enforcement of this article as may be required by the collector or the city manager or a hearing officer. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-128.010)
5.40.030
Business premises—Inspection authorization.
The collector, in the exercise of the duties imposed upon him or her under this article and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ensure compliance with this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-128.020)
5.40.040
Business premises—Inspection entry right.
The collector and his assistants and any police or code enforcement officer of the city shall have the power and authority (upon obtaining an inspection warrant therefor if required by law) to enter, free of charge and at any reasonable time, any place of business required to be licensed under this article, and demand an exhibition of the license. Any licensee who willfully fails to exhibit the same on demand is guilty of a misdemeanor punishable pursuant to Chapter 1.08 of this code and subject to the penalties provided by this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-128.030)
5.40.050
License tax a debt.
The amount of any license tax and penalty imposed by the provisions of this article shall be deemed a debt to the city. An action may be commenced in the name of the city, in any court of competent The Foster City Municipal Code is current through Ordinance 646, passed March 21, 2022.
Foster City Municipal Code Chapter 5.40 ENFORCEMENT Page 20 of 21 730
jurisdiction, for the amount of any delinquent license tax and penalties. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-129)
5.40.060
Remedies cumulative.
All remedies prescribed under this article shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy to enforce this article. (Ord. 572 § 1 Exh. A (part), 2013: Ord. 45 § 1 (part), 1972: prior code § 4-130)
The Foster City Municipal Code is current through Ordinance 646, passed March 21, 2022.
Foster City Municipal Code Chapter 5.40 ENFORCEMENT Page 21 of 21 731
ATTACHMENT 3
COMPARISON CITIES MAXIMUM BLT SALES TAX
RATE UTILITY TAX RATE TRANSIENT
OCCUPANCY TAX
OVERALL AVERAGE
ASKING RENT PER
SQUARE FOOTAGE
OFFICE SPACE VACANCY
RATE
PROPERTY TAX (AD
VALOREM RATE)
Foster City (current) $26,985 9.375% None 12% $68.22 6.6% 1.169% Mountain View $334,195 9.125% Telecom, Electricity, Gas:
3% 10% $73.62 9.8% 1.213%
Redwood City $5,966 9.875%
Gas/Electric: 5%
Telecom/Cable: 4%
Prepaid Wireless: 3.5%
12% $72.62 6.9% 1.088%
San Francisco $40,261 8.625% Telecom, Electricity, Gas, Steam/Water: 3% 14% $87.18 21.7% 1.180%
San Mateo No Max 9.625% None 14% $61.26 15.0% 1.119%
South San Francisco $137,069 9.875% None 14% $59.72 5.3% 1.080% 732
www.fostercity.org
1 Business License Tax Ordinance
Update
What is the City of Foster City’s Business License Tax Ordinance? The City’s Business License Tax (BLT) Ordinance was first implemented in 1972. The tax methodology was then updated in 2013 to reflect the current and future business environment. The City currently has a BLT that includes a gross receipts component consisting of a gross receipts rate of 0.00075 ($0.75 per $1,000 of gross receipts) and a cap of $36 million, resulting in a current maximum BLT amount of $26,985. The gross receipts cap is indexed annually based on the local C onsumer Price Index (CPI). Currently, businesses that have gross receipts that exceed $36 million are paying an effective rate of less than 0.00075.
Why is a Business License Tax Ordinance update being considered? The City is committed to investing in infrastructure, local businesses, and citizens in innovative ways that improve the quality of our community. The City has a history of fiscal prudence and has an obligation to ensure long-term financial sustainability to continue to provide a high level of customer service and service delivery to the Foster City community, including its businesses, residents, and visitors.
What options are being considered for an update to the Business License Tax Ordinance? The City is considering increasing the gross receipts cap under various scenarios, ranging from $300 million to a $1 billion cap. The table shown in Figure 1 provides the maximum Business License Tax FACT SHEET May 2022
The City is currently exploring ways to increase sustainable levels of revenues, including through an update to its BLT Ordinance. This would:
Raise revenue for municipal purposes, which includes essential programs and services
Provide uninterrupted essential community services, including public safety and critical infrastructure maintenance in an environment where the cost of providing services has increased significantly
Ensure long- term fiscal sustainability to continue to provide high -quality community services
ATTACHMENT 4
733
www.fostercity.org
2 Business
Outreach
City Council
Action
Required
Deadline to
Submit Ballot
Measure
General
Election
under the various gross receipts cap scenarios being considered and how it may impact local businesses that are paying an effective BLT rate below 0.00075.
Figure 1: Business License Tax Cap Increase Scenarios for Consideration Gross Receipts Tax Scenarios
Current Scenario 1 Scenario 2 Scenario 3 Scenario 4
Gross Receipts Cap $ 36 million $ 300 million $ 400 million $ 500 million $ 1 billion Potential Aggregate
Additional BLT to
Foster City
- $ 1.99 million $ 2.59 million $ 3.15 million $ 4.74 million Maximum BLT for a
business that
reaches the gross
receipts cap
$ 26,985 $ 225,000 $ 300,000 $ 375,000 $ 750,000
Timeline
During May 2022, the City will conduct outreach to impacted local businesses regarding the BLT Ordinance update and the proposed BLT gross receipts cap increase.
BLT changes must go to voters during a general election where a governing board position is up for election. San Mateo County’s deadline to submit a ballot measure for the November 8, 2022 election is August 12, 2022. Therefore, the City Council would be required to provide direction and take formal action, by 4/5
th vote, approving a ballot measure at a City Council meeting in June/July 2022.
If formal action is taken by the City Council and the ballot measure is included on the November 8, 2022 election ballot, a simple majority vote (50% + 1) would be required for the ballot measure to succeed.
Questions or Comments?
The City is seeking feedback from the business community and key stakeholders. Please contact the City Manager Department at:
PHONE: (650) 286-3220
EMAIL: [email protected]
May 2022 June/July 2022 August 12, 2022 November 8, 2022 734
City of Foster City
Business License
Ordinance Update
MAY 2022
ATTACHMENT 5
735
Discussion
Topics
Your Business is Our Business
How are City Services Funded?
History of Business License Tax to Current
November 2022 Ballot Measure
Regional Business License Tax Survey
The Real Cost of Doing City Business
736
Foster City is diverse, bold, innovative, and has a
big vision for the future. It is the destination of
choice for businesses.
▪ Consistently rated among top ten safest cities
▪ Well-maintained roads and infrastructure
▪ Ideal location with proximity to Silicon Valley and
San Francisco
▪ Highly skilled work force and world-renowned
businesses
▪ Vibrant community with robust recreational
amenities, such as parks, waterways, and
access to the beautiful Bay Trail
Your Business is Our
Business
737
How are City
Services
Funded?
(Based on Fiscal
Year 2021 -2022
Budget)
SOURCES OF FUNDS (in thousands)
Property tax $ 35,853
Sales Tax $ 3,080
Transient Occupancy Tax (TOT) $ 2,361
Charges for Services $ 1,675
Business License Tax $ 1,452
Franchise Taxes $ 1,136
Rentals $ 884
Permits $ 846
Other Revenues $ 519
Interest Income $ 281
Total Ongoing Sources of Funds (Excludes Federal Relief) $ 48,087 USES OF F UNDS (in thousands)
Police $ 15,572
Fire $ 11,248
Parks and Recreation $ 10,038
Administration $ 4,957
Community Development $ 3,233
Public Works $ 3,059
Capital Improvement Program $ 1,500
Library Services $ 548
Total Ongoing Use of Funds $ 50,155
Annual Deficit $ ( 2,068)
738
History of Business License Tax to Current
1972 Original
B u siness License Tax O rdinance
2013 Business License Tax
Ordinance Amendment
2022 Business License Tax Ordinance
A m endment PROPOSAL RANGE
Scope All forms of entities conducting
business in Foster City (non-profits
excluded)
All forms of entities conducting business in Foster
City (non-profits excluded) – NO CHANGE
All forms of entities conducting business in Foster
City (non-profits excluded) – NO CHANGE
Tax Rate $0.75 per $1,000 of gross receipts
(or 0.075%)
$0.75 per $1,000 of gross receipts (or 0.075%) –
NO CHANGE
$0.75 per $1,000 of gross receipts (or 0.075%) –
NO CHANGE
Gross Receipts Cap $5 million $30 million adjusted over three (3) years:
2014 - $10 million / 2015 - $20 million /
2016 - $30 million / Future increases on Jan 1
based on October-to-October CPI Index changes,
rounded to the nearest $10,000 (2022: $35.98M)
$300 million to $1 billion cap
Minimum Tax $25 / $50 for General Contractors Phased in over 3 years: $50 in 2014; $75 in 2015; $100 in 2016; All Rates – Double for General
Contractors
$100 / $200 for General Contractors – NO
CHANGE
Maximum Tax $3,750 based on a $5 million cap $22,500 (based on $30 million cap in 2013) $26,985 (based on 2022 $35.98M cap)
$225,000 to $750,000 (based on proposed
range of $300 million to $1 billion cap)
Future Increases None Gross Receipts Cap will increase based on SF Bay Area CPI-U Rate October-to-October
Gross Receipts Cap will increase based on SF Bay
Area CPI-U Rate October-to-October – NO CHANGE
Cap on Corporate
Entities
Each corporate entity is considered
a separate business and requires a
separate business license
The number of corporate entities conducting
business at same location is limited to (3) entities
with the highest gross receipts
The number of corporate entities conducting
business at same location is limited to (3) entities
with the highest gross receipts – NO CHANGE
Effective Date 1972 January 1, 2014 January 1, 2023 (if passed) 739
November 2022 Ballot Measure
▪ Final City Council action required by June/July (4/5 th vote) to place on November 8, 2022 ballot
▪ The City is seeking business community feedback from key stakeholders and business leaders
▪ Business License Tax changes must go to voters during a general election where a governing board position is up for election
▪ Simple Majority Vote (50%+1) required, but funds may not be restricted for any specific purpose
▪ The following proposals are being considered:
Scenario 1 Scenario 2 Scenario 3 Scenario 4
Gross Receipts Cap $300 million $400 million $500 million $1 billion Maximum Business License
Tax for Businesses that
reach the Gross Receipt Cap $225,000 $300,000 $375,000 $750,000 740
Regional
Business
License Tax
Survey
(based on $ 500 million
gross receipts and/or
2,000 employee cap)
Agency
Maximum BLT
(based on $500M gross receipts
and/or 2K employee cap)
Belmont* $ 1,220,341
Daly City* $ 550,000
Foster City $ 375,000
Mountain View $ 334,195
Pacifica* $ 315,000
San Mateo* $ 285,058
East Palo Alto* $ 255,000
San Bruno* $ 173,130
San Jose $ 166,311
South San Francisco $ 41,603 Brisbane $ 40,178
Sunnyvale $ 13,671
Menlo Park $ 8,000 *These agencies do not have a maximum cap on gross receipts 741
The Real Cost of Doing City
Business
▪ City Council seeks collaborative and sustainable revenue opportunities to continue the high level of City services ALL community members expect and enjoy
▪ For example, if the Business License Tax cap increases to $500 million, this equates to an additional $3.15
million for City services, such as:
◦ (12) Tenured Police Officers; or
◦ (22) Parks or Public Works Maintenance Workers; or
◦ 3.5 years of annual street maintenance; or
◦ 3 years of annual lagoon and levee maintenance; or
◦ 28% of the annual cost of Fire Prevention and Protection Services 742
We Want to Hear From You
The City is seeking feedback from the business community and key stakeholders.
Please contact the City Manager Department
via phone at (650) 286 -3220 or email at [email protected] . 743
DATE: June 6, 2022
TO: Mayor and Members of the City Council
VIA: Edmund Suen, Interim City Manager
FROM: Benjamin Stock, City Attorney
SUBJECT: PROPOSED ORDINANCE AMENDING CHAPTER 15.12 (SIGN CONTROL) OF TITLE 15, BUILDINGS AND CONSTRUCTION
OF THE FOSTER CITY MUNICIPAL CODE
RECOMMENDATION
It is recommended that the City Council introduce by title only and waive further reading of an ordinance amending sections 15.12.010 (Purpose, objective, intent), 15.12.020 (Definitions), 15.12.170(J) (Exempt Signs- Political Signs) and 15.12.180 (Temporary Signs) within Chapter 15.12 of Title 15 of the Foster City Municipal Code Relating to Temporary Non-Commercial Right-of-Way Signs.
EXECUTIVE SUMMARY
At the May 2, 2022 City Council meeting, the City Council was advised by the City Attorney that revisions would be made to the City’s regulations relating to political signs. The proposed ordinance would amend sections 15.12.010 (Purpose, objective, intent), 15.12.020 (Definitions), 15.12.170(J) (Exempt Signs-Political Signs) and 15.12.180 (Temporary Signs) within Chapter 15.12 of Title 15 of the Foster City Municipal Code Relating to Temporary Non- Commercial Right-of-Way Signs.
744
BACKGROUND/ANALYSIS
The Foster City Municipal Code contains general regulations for signs in Chapter 15.12 (“Sign Ordinance”) and requires permits for certain signs. The FCMC currently exempts “Political Signs” from seeking any permit, and the City has traditionally allowed these signs in various locations throughout the City on certain public rights-of- way. The current proposed changes to Chapter 15.12 relate to the United States Supreme Court decision in Reed v.
Town of Gilbert (2015) 576 US 155, which found in part, that sign regulations that identify categories of signs such as “Ideological Sign,” or “Political Sign,” may violate the First Amendment because those regulations are based on the content of the speech set forth in the signs. However, it is acceptable to subject signs to content neutral regulations based on, for example, the size of the sign, location (e.g., private versus public property), or the materials used to create the sign. Government regulation of expressive activity is content- neutral if it is justified without reference to the content of the regulated speech. (Clark v Community for Creative Non-Violence (1984) 468 US 288, 293). Staff will be conducting a more comprehensive update to the Sign Ordinance in light of the Reed v. Town of Gilbert decision; however, in the meantime the proposed amendments will replace the regulations for “Political Signs” to specify that Temporary Non-Commercial Right of Way signs may be placed in the City’s right of way, without a permit, in certain locations and at specified times.
The proposed ordinance would amend sections 15.12.010, 15.12.020,
15.12.170(J) and 15.12.180 of the Sign Ordinance and is attached as Attachment 1. A document showing the changes between the existing Sign Ordinance and the proposed ordinance is attached as Attachment 2 (Redline).
Should these Code amendments be adopted by the City Council, the changes would become effective thirty (30) days after adoption. The duration of these signs being allowed within the public right-of-way would remain ninety (90) days before any election, and would need to be removed ten (10) days after the election.
FISCAL IMPACT
There is no direct fiscal impact associated with the recommended action. 745
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This requested action is in alignment with the City Council’s Vision and Mission to “create a sustainable Foster City through inclusive actions to enhance our quality of place for current and future generations.” Furthermore, this item aligns with key strategic Value/Priority Areas, including “City Council Operations and Improved Community Engagement.”
Attachments:
Attachment 1 – Proposed Ordinance
Attachment 2 – Redline
746
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING SECTIONS 15.12.010 (PURPOSE, OBJECTIVE, INTENT), 15.12.020 (DEFINITIONS), 15.12.170(J) (EXEMPT SIGNS-POLITICAL SIGNS) AND 15.12.180 (TEMPORARY SIGNS) WITHIN CHAPTER
15.12 (SIGN CONTROL) OF TITLE 15, BUILDINGS AND CONSTRUCTION OF THE
FOSTER CITY MUNICIPAL CODE RELATING TO TEMPORARY NON-COMMERCIAL
RIGHTS-OF-WAY SIGNS
CITY OF FOSTER CITY
WHEREAS, the City of Foster City’s (“City”) sign regulations in Chapter 15.12 of the Foster City Municipal Code (“Sign Ordinance”) is intended to regulate signs located on property within the City over which the City has regulatory authority; and WHEREAS, the Sign Ordinance maintains and enhances the City’s appearance by regulating the design, character, location, number, quality of materials, size, illumination, and maintenance of signs; and
WHEREAS, the Sign Ordinance also minimizes the possible adverse effects of signs on nearby public and private property, including streets and public rights-of-way; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein as findings which are the basis for the amendment.
Section 2. Amendment. Section 15.12.010 (Purpose, objective and intent) within Chapter 15.12 of Title 15 of the Foster City Municipal Code is amended to repeal Section
15.12.010 in its entirety and replace Section 15.12.010 to read as follows:
“15.12.010 Purpose, objective and intent.
The purpose of this chapter is to establish standards for signage which help people find what they need without difficulty or confusion and to help preserve and improve the appearance of the city. Therefore, all signs shall be regulated to assure that they promote both the goals and objectives of the community and the public health, safety and general welfare.
This chapter establishes standards for the erection, display, safety and maintenance of signs which are intended to meet the following objectives:
747
Public Welfare. The city, as a unique planned community, has greatly avoided the Influences of traditional community development where signing proliferated to a point detrimental to the value and quality of the community before being regulated.
The opportunity to achieve an environment free from such circumstances exists in the city and therefore shall be pursued wherever possible in order to build a community of the highest value and quality in which all citizens may take pride and enjoyment.
Healthy Economy. An objective of this chapter is to allow businesses to identify themselves so that clients can find them with a minimum of confusion. This is achieved by effective signing which is necessary, concise, well-designed and well- executed. It is recognized that signs are an economical and effective means of communicating information and are thus an important asset to most businesses.
Freedom of Speech for Signs. The city recognizes the importance of signs in the exercise of free speech. The city finds it necessary to regulate the time, place and manner of the placement of certain signs for the following reasons:
1. Prohibition of temporary non-commercial right-of-way signs on public street medians, bridges, public utility box or any poles used for public utility, traffic control signs, traffic signals, or street signs is necessary to: prevent visual distractions to motorists which create traffic hazards, prevent unsafe road conditions, and to prevent eyesores from proliferating along public streets.
2. Regulation of the size of temporary non-commercial right-of-way signs is necessary for safety and aesthetic reasons, specifically, that the strong winds that are common in Foster City would remove the signs, creating hazards and accumulation of debris, and extremely large or illuminated signs would create a distraction to motorists.”
Section 3.Amendment to Section 15.12.020 (Definitions) within Chapter 15.12 of Title 15, Buildings and Construction of the Foster City Municipal Code is amended to add a definition as indicated in underline and to delete a definition as indicated in strikethrough as follows:
“Temporary Non-Commercial Right of Way Sign” means a temporary sign for non- commercial purposes located in the City’s Right of Way. “Temporary Non- Commercial Right of Way Signs” shall not be subject to the provisions of Section
15.12.180”
“Political sign” means a sign associated with a candidate for elected office or ballot measure”
Section 4. Amendment to Section 15.12.170 (Exempt Signs) within Chapter 15.12 of Title 15 of the Foster City Municipal Code is amended to repeal subsection (J) in its entirety and replace subsection (J) to read as follows:
748
“15.12.170 (J) Temporary Non-Commercial Right-of-Way Signs which meet the following criteria:
1. Temporary Non-Commercial Right-of-Way Signs shall not be placed in any public street median, or on any bridge, public utility box, or any pole used for public utility, traffic control signs, traffic signals, or street signs. These signs are deemed to create a hazardous condition and shall be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
2. Temporary Non-Commercial Right-of-Way Signs shall not be placed in or along public rights-of-way such that they are considered by the city to be a sight distance problem for the drivers of vehicles, or which interfere or distract from the traffic control devices in place, or which interfere with safe bicycle or pedestrian circulation. These Temporary Non-Commercial Right-of-Way Signs are deemed to create a hazardous condition and shall be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
3. Temporary Non-Commercial Right-of-Way Signs shall not be placed in any public parks and shall be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
4. With the exception of public parks, Temporary Non-Commercial Right-of-Way Signs may be placed on public property within the first ten feet from the back of the sidewalk or ten feet from the curb, when no sidewalk is present. Temporary Non-Commercial Right of Way Signs shall not interfere with pedestrian circulation along sidewalks, pathways or the levee/pedway; shall not obstruct bicycle circulation along bicycle paths; shall not obstruct the sight distance of drivers of vehicles; and/or, shall not cause unsafe conditions as determined by the city. Signs deemed to create a hazardous condition shall be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
5. Temporary Non-Commercial Right-of-Way Signs placed in residential zoning districts shall be no larger than four square feet.
6. Temporary Non-Commercial Right-of-Way Signs placed in zoning districts other than residential shall be no larger than eight square feet.
7. Temporary Non-Commercial Right-of-Way Signs shall not be illuminated. 749
8. Temporary Non-Commercial Right-of-Way Signs may be placed ninety days prior to an election and shall be removed no later than ten days after an election.
9. Any Temporary Non-Commercial Right of Way Signs deemed to have damaged public property shall be subject to immediate removal by the city. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.”
Section 5. Amendment to Section 15.12.180 (Temporary Signs) within Chapter
15.12 of Title 15 of the Foster City Municipal Code is amended to repeal subsection (D) in its entirety and replace subsection (D) to read as follows:
“Temporary Non-Commercial Right-of-Way signs which are exempt pursuant to Section 15.12.170 of this chapter;”
Section 6. 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.
Section 7. 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 8. 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 (30) days after its final passage.
Section 9. Effective Date.
This Ordinance shall take effect and be in force starting on from and after its adoption. 750
Section 10. 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.
This Ordinance was introduced and read on the 6 th day of June, and passed and adopted on the______day of _______, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
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15.12.010 Purpose, objective and intent.
The purpose of this chapter is to establish standards for signage which help people find what they need without difficulty or confusion and to help preserve and improve the appearance of the city.
Therefore, all signs shall be regulated to assure that they promote both the goals and objectives of the community and the public health, safety and general welfare.
This chapter establishes standards for the erection, display, safety and maintenance of signs which are intended to meet the following objectives:
Public Welfare. The city, as a unique planned community, has greatly avoided the influences of traditional community development where signing proliferated to a point detrimental to the value and quality of the community before being regulated. The opportunity to achieve an environment free from such circumstances exists in the city and therefore shall be pursued wherever possible in order to build a community of the highest value and quality in which all citizens may take pride and enjoyment.
Healthy Economy. An objective of this chapter is to allow businesses to identify themselves so that clients can find them with a minimum of confusion. This is achieved by effective signing which is necessary, concise, well-designed and well-executed. It is recognized that signs are an economical and effective means of communicating information and are thus an important asset to most businesses.
Freedom of Speech for Political Signs. The city recognizes the importance of political signs in the exercise of free speech. The city finds it necessary to regulate the time and manner of placement of certain aspects of political signs for the following reasons:
1. Prohibition of political signs Temporary Non-Commercial Right-of-Way Signs on public street medians, bridges, public utility box or any poles used for public utility, traffic control signs, traffic signals, or street signs is necessary to: prevent visual distractions to motorists which create traffic hazards, prevent unsafe road conditions, and to prevent eyesores from proliferating along public streets.
2. Regulation of the size of political Temporary Non-Commercial Right-of-Way signs is necessary for safety and aesthetic reasons, specifically, that the strong winds that are common in Foster City would remove the signs, creating hazards and accumulation of debris, and extremely large or illuminated signs would create a distraction to motorists.
15.12.020 Definitions.
As used in this chapter, the terms set out below are defined to mean the following:
“Abandoned sign” means a sign which no longer directs, advertises or identifies a legal business establishment, product or activity on the premises where such sign is displayed. “Advertising structure” means a structure erected or used for the purpose of supporting or displaying a message or sign.
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“Affected wall surface area” means the solid wall surface area between the top story row of windows and the roof line running the length of the building elevation (or the subject portion of the building elevation) on which the sign is proposed to be placed or the surface area of any separate element of the building on which the sign is proposed to be placed, provided that the separate element is located at or near the top of the building. “Aggregate total glass surface area” means the product of multiplying the length times the width of the storefront glass surface along a single building elevation with the proviso that window panel separations (mullions, grids, etc.) that are less than six inches wide shall be counted within the aggregate total glass surface area available for signage, and window panel separations or building structural elements separating windows that are greater than six inches shall not be included within the aggregate total glass surface area available for signage. In the case of stores with more than one building elevation with window glass, the aggregate total glass surface area available for the placement of signage shall be calculated based on the dimensions of each individual elevation. Unused amounts of aggregate total glass surface area from one elevation shall not be applied to any other elevation.
“Approving authority” means that person or body (planning director, planning commission or city council) which has authority pursuant to the provisions of this chapter to approve an application for a sign permit.
“Awning” means a shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework. “Banner” means a sign composed of flexible material either totally or partially secured to a structure and when partially secured is intended to be moved by the wind. “Building face” means the outer surface of a building or portion of a building given to an individual business, including exposed foundation, windows, doors, parapet, fascia and wall area, but not including any overhanging fascia, canopy, marquee, awning, or roof surface. “Building frontage” means the width of the face of a building abutting the public right-of-way or primary pedestrian access.
“Bulletin board” means a board, either in a freestanding kiosk or on a wall, on which temporary bulletins or notices are posted.
“Business frontage (primary)” means the width of the face of a business abutting, or if not abutting, exposed to a public right-of-way. In the case of multiple frontages abutting public rights-of-way, the longest frontage shall be considered the primary business frontage. “Business frontage (secondary)” means the width of the face of a business abutting a secondary street, freeway, parking lot, or pedestrian access.
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“Canopy” means a permanent, roof-like shelter extending from part or all of a building face and constructed of some durable material which may or may not project over a public right-of-way. “Changeable copy sign” means a sign that is designed so that characters or letters can be changed or rearranged without altering the face or the surface of the sign. “Commercial center” means a group of five or more contiguous businesses which utilizes common off-street parking and access and which exhibit a common architectural design. “Commercial uses” means a retail or similar use in a commercial center or on a property zoned C-1 (retail business), C-A (commercial automobile repair and service), C-2/PD (town center commercial/planned development), or CM/PD (commercial mix/planned development district). “Construction sign” means any sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. See Section 15.12.180(C) of this chapter.
“Directional sign” means an incidental sign designed to guide or direct pedestrian or vehicular traffic.
“Freestanding or monument sign” means a sign not attached to a building or other structure, but which is attached to the ground and which exhibits sign graphics on one or two faces, which, if two faces shall be the same on both faces.
“Freeway” means State Highway 92 or State Highway 101.
“Identification sign” means a permanent sign which identifies a building, occupant, or activity conducted on the premises.
Illegal Sign. See Section 15.12.210(B) of this chapter. “Illumination (external)” means any light from a source outside a sign and which illuminates the sign by reflection. No directly or transparently exposed light source is included in this definition. “Illumination (internal)” means any light from a source contained within a sign and which is seen translucently through the face of the sign. No directly or transparently exposed light source is included in this definition.
“Industrial center” means a group of industrial buildings which utilizes common off-street parking and access and which exhibits a common architectural design. “Logo” means a symbol, picture, or other graphic representation used by an entity to consistently identify itself.
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“Mural” means a picture or decoration which is painted on, or otherwise applied directly to an external wall.
“Neon” means illumination affected by a light source consisting of a neon or other gas tube which is bent to form letters, symbols or other shapes.
Nonconforming Sign. See Section 15.12.210(A) of this chapter. “Office center” means a group of office buildings which utilizes common off-street parking and access and which exhibits a common architectural design. “Parapet or parapet wall” means that portion of a building wall which rises above the roof. “Pedestrian access (primary)” means the single doorway located and designed to be the major entry to a building.
“Pedestrian access (secondary)” means doorways, other than the primary pedestrian access, for gaining entry to a building.
“Political sign” means a sign associated with a candidate for elected office or ballot measure. “Portable sign” means a sign not permanently affixed to the ground or a structure on the premises it is intended to occupy.
“Projecting sign” means sign attached to a building wall or structure but which protrudes out from the wall or structure at an angle, as opposed to being attached flush against the wall or structure.
“Promotional sales sign” means a sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, to promote a special sale, or similar purpose.
“Property frontage” means the linear dimension of a parcel of property abutting a public street.
Public Convenience Sign. See Section 15.12.190 of this chapter.
Real Estate Sign. See Section 15.12.180(B) of this chapter. “School” means a public or private elementary, junior high school or high school. “Setback” means the distance measured to the property line. “Sign” means a visual communications device used to convey a message to the viewer but does not include lighting or paint used to highlight the architectural features of a building which were approved pursuant to a use permit or architectural review application and also does not include 755
such devices placed inside a building which are not defined as window signs pursuant to this section.
“Sign area” means the area of the background surface, and frame if present, on which the sign graphics are displayed. The area of a sign without a background surface, or where a significantly larger building element such as a wall or fascia serves as the background, shall be taken as the smallest geometric figure enclosing the graphics. The area of a freestanding sign shall be taken as the area of only one face even though sign graphics are exhibited on both faces if both faces are identical and not more than twelve inches apart.
“Sign base” means the post(s) or supporting structure between the ground and the background or frame (if present) of a freestanding or monument sign.
“Sign can” means the exterior covering or cabinet of a sign including the frame, face(s), and background.
“Sign copy” means any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign, but does not include color. “Sign graphics” means all lettering, logos, pictures, symbols, patterns and depictions, including color, on a sign.
“Sign guidelines” means a set of criteria and a format approved by resolution of the planning commission pursuant to Section 15.12.220 of this chapter for all signs to be located in a specific development.
“Sign height of a freestanding sign” means the distance from the average surface grade surrounding the base of the sign to the top of its highest element, including any structural element. Where a sign is placed on a mound, the height of the mound shall be included.
Temporary Non Commercial Right of Way Sign” means a temporary sign for non-commercial purposes located in the public right of way. “Temporary Non-Commercial Right of Way Signs” shall be exempt from the requirements of a Temporary Sign as identified in section 15.12.180.” Temporary Sign. See Section 15.12.180 of this chapter.
“Typical sign permit” means a sign permit which is not a use permit sign request or a variance sign permit.
“Under-canopy sign” means a sign suspended from an overhead element such as a canopy, marquee or roof.
“Use permit sign request” means an application to increase normally allowed sign area up to fifty percent more than otherwise allowed for such sign, or to allow additional numbers and types of signs, or to allow alternate locations of signs. See Section 15.12.040(B) of this chapter. 756
“Variance sign permit” means a sign permit which allows an increase in the maximum standards set forth in this chapter such as height, size and location of any sign, based on practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this chapter. See Section 15.12.040(C) of this chapter. “Vehicle display sign” means a sign attached to a motor vehicle which is parked on public or private property with the primary purpose of advertising to the public. “Wall sign” means a sign attached to and flat against a building wall or structure. “Window sign” means all signs in any nonresidential zoning district, visible from outside the building, and placed in any of the following locations (see Section 15.12.170 of this chapter for window signs exempt from sign permit requirements):
1. Affixed to or placed within three feet of a window;
2. Neon signs placed within ten feet of a window (see Section 15.12.160(G) of this chapter regarding prohibition of these neon signs);
3. Neon signs placed ten feet or more from a window (see Section 15.12.200 of this chapter regarding sign permits required for these neon signs). (Ord. 533 § 1 (part), 2006; Ord. 520 § 2 Exh. A (part), 2005; Ord. 517 § 2 Exh. A (A), 2005; Ord. 364 § 2 (part), 1989)
15.12.170 Exempt signs.
Except as otherwise provided in this chapter, the following signs are declared to be exempt from the requirements of sign permit application, review, approval and fees, but must adhere to all other regulations of federal, state and local laws:
A. Traffic signs or pavement markings required by state law, city district regulations, or the city engineer.
B. Signs erected by the city of Foster City, Estero Municipal Improvement District, county of San Mateo, state of California and United States of America.
C. Signs erected by public utility companies with the permission of the planning director which serve the public safety or welfare.
D. Changeable sign copy on changeable copy signs, including, but not limited to, gasoline price signs.
E. Signs placed on the interior of a property not intended to be seen by the general public, such as signs inside buildings which are not window signs.
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F. Signs for sale, rent, or lease signs used to advertise residential property (“real estate signs”), shall not be illuminated, shall be mounted on a post or “A” frame, and shall not exceed four square feet in area and may be used subject to the following restrictions:
1. One such real estate sign shall be allowed on the property for sale, rent or lease at all times.
2. Up to four additional “open house” signs, which may also exhibit directional arrows and instructions, shall be allowed on weekends, holidays and on one weekday per week (multiple listing service tour day) on other private property with the owner’s permission.
3. No more than three such “open house” directional real estate signs (aggregate for on or more sales) shall be located on a single property nor shall more than six such signs located within forty feet of an intersection.
4. Real estate signs shall not be allowed on sidewalks, streets, medians, public rights-of-way, or where they interfere with vehicular sight distance, nor shall they be allowed to be taped, wired, glued, tied or in any way affixed to light poles, street signs, or any public property.
G. Garage/yard sale signs used to advertise such a sale on residential property, shall not be illuminated, shall be mounted on a post or “A” frame, and shall not exceed four square feet in area and may be used subject to the following restrictions:
1. One such garage/yard sale sign shall be allowed on the property where the sale is to take place.
2. Up to four additional signs, which may also exhibit directional arrows and instructions, shall be allowed on weekends and holidays on other private property with the owner’s permission.
3. No more than three such garage/yard sale signs shall be located on a single property nor shall more than six such signs be located within forty feet of an intersection.
4. Garage/yard sale signs shall not be allowed on sidewalks, streets, medians, public rights-of- way, or where they interfere with vehicular sight distance, nor shall they be allowed to be taped, wired, glued, tied or in any way affixed to light poles, street signs, or any public property.
H. Residential street address signs, including name of occupant, or nonresidential street address signs, not exceeding one square foot in area, which may be internally or externally illuminated.
I. Window signs subject to the following restrictions:
1. Window signage shall not be evaluated, regulated or limited as to duration based on whether the signage is intended to be permanently or temporarily placed on storefront windows.
2. Window signage shall not be subject to time limitations, including grand openings, special events, promotional events or sales. (See Section 15.12.180(E) and (F) of this chapter for other 758
types of temporary signs that are subject to time restrictions, such as grand opening or promotional sales banners that are not window signs.)
3. The total amount of all window signage (including illuminated and non-illuminated window signage) allowed shall be limited to forty percent of the aggregate total glass surface area of the store, as defined in Section 15.12.020 of this chapter.
4. All window signage placed on or within three feet of the aggregate total glass surface area of the store shall be of professional quality with respect to installation, materials, and design.
5. All lighting intended to illuminate window signage (if any) shall be approved by the city prior to installation.
6. The city shall not regulate the content/message, materials (except directly exposed neon tubing), logo, font or color of the sign background or any portion of the illuminated window signage.
7. The message on exempt non-illuminated changeable copy window signage may be changed as frequently as the owner desires.
8. Any combination of illuminated, poster, vinyl or painted letters or other signage may be included within the total amount of window signage allowed on or within three feet of the aggregate total glass surface area of the store.
9. All window signage shall be maintained in a clean and safe manner, shall be fully operational and wholly intact at all times (no missing, broken, torn, ripped, stained, dirty, or unlit areas, parts, corners, or letters) and shall be immediately repaired or replaced as often as necessary.
10. Non-illuminated signs or graphics shall not require review by or a permit from the city.
11. Individual window letters, designs and logos that are applied by paint, vinyl or other approved materials directly to the surface of the window are subject to the following restrictions:
a. Window signs may be placed only on first-floor storefront windows except for second-floor windows visible only from parking lots and not visible from public streets. b. Allowable materials for window letters include paint, vinyl, or other similar materials. c. Individual window letters shall not be greater than six inches in height. d. Window letters or other designs that are applied by paint, vinyl, or other approved materials directly to the surface of the window shall be white only but may be of any font style. e. Window letters, designs, and logos applied directly to the surface of the window shall be surrounded with a minimum border (untreated glass) of two inches on all sides. 759
J. Political signs Temporary Non-Commercial Right-of-Way Signs which meet the following criteria:
1. Political signs Temporary Non-Commercial Right-of-Way Signs shall not be placed in any public street median, or on any bridge, public utility box, or any pole used for public utility, traffic control signs, traffic signals, or street signs. These signs are deemed to create a hazardous condition and shall be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
2. Political signs Temporary Non-Commercial Right-of-Way Signs shall not be placed in or along public rights-of-way such that they are considered by the city to be a sight distance problem for the drivers of vehicles, or which interfere or distract from the traffic control devices in place, or which interfere with safe bicycle or pedestrian circulation. These signs are deemed to create a hazardous condition and shall be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
3. Temporary Non-Commercial Right- of-Way Signs shall not be placed in any public parks and be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
4. 3. With the exception of public parks, political signs With the exception of public parks, Temporary Non-Commercial Right-of-Way Signs may be placed on public property within the first ten feet from the backback of the sidewalk or ten feet from the curb, when no sidewalk is present of curb adjacent to a public street. Temporary Non-Commercial Right- of- Way Signs shall if they do not interferenot interfere with pedestrian circulation along sidewalks, pathways or the levee/pedway; doshall not obstruct bicycle circulation along bicycle paths; doshall not obstruct the sight distance of drivers of vehicles; and/or, doshall not cause unsafe conditions as determined by the city. Signs deemed to create a hazardous condition shall be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
54. Political signs Temporary Non-Commercial Right-of-Way Signs placed in residential zoning districts shall be no larger than four square feet. Placement of political signs on roofs is prohibited.
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65. Political signs Temporary Non-Commercial Right-of-Way Signs placed in zoning districts other than residential shall be no larger than eight square feet.
6. Political signs placed on private property must have the express consent of the property owner.
77. Political signsTemporary Non-Commercial Right-of-Way Signs shall not be illuminated.
8. Political signsTemporary Non-Commercial Right-of-Way Signs may be placed ninety days prior to an election and shall be removed no later than ten days after the election.
9. Any political signs placed in median strips along Foster City Boulevard, Shell Boulevard, Beach Park Boulevard, East Hillsdale Boulevard, Edgewater Boulevard, Metro Center Boulevard, Chess Drive, Vintage Park Drive, Bounty Drive, Polynesia Drive or any other public streets shall be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
109. Any political sign Temporary Non-Commercial Right-of-Way Signs deemed to have damaged public property shall be subject to immediate removal by the city. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
15.12.180 Temporary signs.
Temporary signs shall be allowed for a specific duration as stipulated in the provisions of this section or as set by the approving authority in approving the sign permit. Unless specifically exempted from sign permit by Section 15.12.170 of this chapter, all temporary signs not otherwise exempt shall require approval by the community development director and a permit.
Nothing in this section shall prohibit the community development director from approving a prototypical real estate sign to be used by a real estate company in several locations. The prototypical sign approval shall include height, text, square footage, colors, materials, and criteria for location such as setbacks from streets and corners. Notwithstanding approval of a prototypical real estate sign, the specific location of each such sign shall be approved by the community development director prior to installation.
A. Temporary window signs which are exempt pursuant to Section 15.12.170 of this chapter; B. Real estate signs as indicated in Table 1 and as exempt pursuant to Section 15.12.170 of this chapter;
C. Construction signs as indicated in Table 1;
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D. Political signsTemporary Non-Commercial Right-of-Way Signs which are exempt pursuant to Section 15.12.170 of this chapter;
E. Grand Opening Signs. One banner, not illuminated and not to exceed fifty square feet in area for retail commercial uses or twenty-five square feet in area for office or industrial uses, shall be allowed to identify a use, its nature and the opening date. Such banner shall not be displayed longer than thirty days total which shall be before, during and after the opening, or for a period to be approved by the community development director. The use of such signs is subject to the following limitations:
1. No more than one sign shall be permitted per activity or business.
2. The sign shall be temporary, designed either as a wall sign or a window sign. The sign can be in the form of a banner.
3. The sign shall be located below the roof eaves, and at no time shall any portion of the sign be higher than twenty feet above ground level.
4. The sign shall not exceed the length of the store/business frontage, nor shall it block ingress/egress to any of the business entrances.
5. Grand opening signs shall be placed on the primary business frontage of the commercial or industrial business which is the subject of the sign.
6. The community development director may require special design criteria for grand opening signs that he/she determines require special treatment beyond what is contained in subsections (E)(1) through (5) of this section.
7. Signs shall be kept clean and in good repair at all times that they are in use. 762
DATE: June 6, 2022
TO: Mayor and Members of the City Council
VIA: Edmund Suen, Interim City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk
SUBJECT: RESOLUTION CALLING THE NOVEMBER 8, 2022 GENERAL
MUNICIPAL ELECTION AND REQUESTING CONSOLIDATION
OF THE ELECTION
RECOMMENDATION
It is recommended that the City Council adopt a resolution calling the General Municipal Election to be held on November 8, 2022 for the election of two (2) Members of the City Council and authorizing the City Clerk to execute a service agreement with the County of San Mateo for election services.
BACKGROUND/ANALYSIS
The General Municipal Election to elect Members of the City Council for Foster City is held in November of even-numbered years. By law, a resolution must be adopted calling the General Municipal Election. The election process to fill the two (2) Councilmember seats begins by calling the election. Foster City’s General Municipal Election is consolidated with other Consolidated Elections in San Mateo County, and this consolidation was approved by the San Mateo County Board of Supervisors. A service agreement is executed between the City of Foster City and the County of San Mateo for election services. The service agreement puts forth the duties that the City Clerk and County Assessor, Clerk-Recorder and Elections office will perform. The resolution calling the election authorizes the City Clerk to enter into the 763
service agreement.
Candidates who qualify for nomination in the General Municipal Election and submit a Candidate Statement of Qualifications to be published and distributed in the sample ballot will be governed by City Resolution No. 2015- 50, which indicates that the word count of the statement cannot exceed 200 words, and that the candidate will cover the cost of publication and related services.
As noted in Attachment 2, the reorganization meeting for the November 8, 2022 General Municipal Election will take place at a special meeting on December 12. The special meeting is necessary because the deadline to certify the election results is December 8, 2022, which is after the regularly scheduled City Council meeting of December 5, 2022. On December 12, 2022 the City Council would consider adopting a resolution certifying the November 8, 2022 General Municipal Election results and hold the reorganization installing newly elected Councilmembers and selecting the new Mayor and Vice Mayor. Per Elections Code 10263, for a consolidated election, the governing body shall meet at its usual place of meeting no later than the next regularly scheduled City Council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers.
If City Council directs staff to place a measure on the ballot related to the Business License Tax presented in a separate item at tonight's meeting, staff will prepare required materials for City Council consideration at a meeting in the near future.
FISCAL IMPACT
Funding in the amount of $93,000, which includes costs associated with two City Council vacancies and one potential ballot measure, has been added to the Preliminary Budget for Fiscal Year 2022-2023 in the Municipal Elections account and is pending City Council approval, per adoption of the Fiscal Year 2022-2023 Budget at the June 20, 2022 City Council meeting.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
While this item fulfills a statutory requirement, it is also in alignment with the "City Council Operations and Improved Community Engagement" Value/Priority Area in that it promotes resident engagement by presenting 764
election information in a transparent manner.
Attachments:
Attachment 1 - Resolution
Attachment 2 - Important Dates
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RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY CALLING
AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 FOR THE ELECTION OF CERTAIN
OFFICERS (TWO MEMBERS OF THE CITY COUNCIL) AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES
CITY OF FOSTER CITY
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022 for the election of Municipal Officers; and
WHEREAS, the General Municipal Election is to be consolidated with the Presidential General Election to be held on the same date and the City the precincts, polling places, and election officers for the elections be the same, and that the Board of Supervisors of the County of San Mateo canvass the returns of the General Municipal Election and the election be held in all respects as if there were only one election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City, California that:
1.That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Foster City on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two (2) members of the City Council for a full term of four years;
2.The members of the City Council who are up for re-election are: Richa Awasthi and Sanjay Gehani;
3.That the Board of Supervisors is hereby authorized to canvass the returns of the City General Municipal Election, and that the General Municipal Election and the other elections shall be held in all respects as if there were only one election, and only one form of ballot shall be used;
4.That the ballots to be used at the election shall be in the form and content as required by law;
5.That the Board of Supervisors is hereby requested to issue to all officers of the County of San Mateo (the “County”) charged with duties pertaining to the other election instructions to take any and all steps necessary for the holding of the consolidated elections. Pursuant to Section 10002 of the Elections Code, the Board of Supervisors of the County is requested to permit the Registrar of Voters and County Clerk as County Elections Official to render all services specified by Section 10400 et seq. of the Elections Code relating to the election, for which services the City agrees to reimburse the County;
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6.That the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m. on election day, ballots counted and returned, returns canvassed, and all other proceeding in connection with the election shall be regulated and done by the County Clerk of the County in accordance with the provisions of law regulating the elections so consolidated;
7.Candidates who qualify for nomination in the General Municipal Election and submit a Candidate Statement of Qualifications to be published and distributed in the sample ballot will be governed by City Resolution No. 2015-50, which indicates that the word count of the statement cannot exceed 200 words, and that the candidate will cover the cost of publication and related services;
8.That the City Clerk is hereby authorized to execute a service agreement with the County to render specified services to the City relating to the November 8, 2022 Election;
9.That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further additional notice of election, in time, form and manner as required by law; and
10.That the City Clerk of the City is hereby directed to file a certified copy of this resolution with the Registrar of Voters of the County as soon as possible and in no event later than 88 days prior to the date set for the elections.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
767
Important Dates for the November 8, 2022 General Election Note: these dates are provided for informational purposes only and are not legal advice nor intended to be a substitute for the actual regulation, statute or law cited. The complete calendar can be found here:
November 8, 2022 Election Calendar | San Mateo County Assessor-County Clerk-Recorder & Elections - ACRE (smcacre.org)
Date Description Code Reference
July 4 – July 18 City shall publish its Notice of Election, stating the offices to be filled and time of election. The City
Elections Official shall consolidate the Notice of
Election and the Notice of Measure into one notice if
any city measure was placed on the ballot prior to the
Notice of Election’s publication.
Elections Code (EC)
§12101, 12111
July 18 – August 12
(5:00 p.m.)
Candidate filing period.
Paperwork must be received by the close of business
on August 12, 2022. Exception: If an incumbent does
not file for reelection, the filing deadline for non-
incumbents is extended until 5:00 p.m. on
Wednesday, August 17, 2020.
EC §§10220,10407, 13307
August 12 Last day for City Clerk to deliver a resolution requesting election services and consolidation from the County
Board of Supervisors for the November 8, 2022
Election. A copy of the resolution of the governing
board requesting the consolidation shall be submitted to the County Elections Official. A copy of the exact form of the question, proposition, or office to appear on the ballot must also be submitted.
EC §§1405, 10002, 10403(a)-
(b)
August 18 Secretary of State to determine order of names on ballot.
§§13111, 13112 (b) (1) (c)
August 19 –
November 1
City Clerk publishes/posts list of “Nominees for Public Office” in the order that candidates will appear on the ballot, and a notice of “Measure to be Voted On”, if
applicable.
§12110, §12111
September 12 –
October 25
Filing period for Write-in Candidates. §8600
September 29 Last day to file 1st pre-election campaign expenditure statements.
Fair Political Practices
Commission (FPPC) Form
460 or 470
October 24 Last day to register to vote for November election.
Voters can register conditionally though Election Day
at Vote Centers.
§§2102, 2170
October 27 Last day to file 2nd pre-election campaign
expenditure statements.
FPPC Form 460
October 10 –
November 1
Ballots mailed to registered voters, Ballot Drop-Off
boxes are available, select Vote Centers are open.
Additional Vote Centers will open at specified
§4005
768
intervals.
November 8 ELECTION DAY. Polls open 7:00 a.m. to 8:00 p.m.
Ballots must be postmarked by November 3 and
received by November 6 to be counted.
§§14212, 3017, 3020
December 8 Official Election Results Certified. §15372
At the December 12,
2022 Special City
Council meeting
Adopt resolution certifying election results; Install
newly elected Councilmembers; and elect new Mayor
and Vice Mayor.
§10263
769
DATE: June 6, 2022
TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Edmund Suen, Interim District Manager
FROM: Louis Sun, Public Works Director
Allen Smith, Public Works Maintenance Manager
SUBJECT: DECLARATION OF WATER SHORTAGE EMERGENCY
CONDITION AND AUTHORIZING THE IMPLEMENTATION OF
WATER CONSERVATION MEASURES AS DEFINED IN
SECTION 8.60.050 A, B, C D, E, F AND L OF CHAPTER 8.06
OF THE DISTRICT CODE
RECOMMENDATION
To comply with Resolution 2022-0018 adopted by the California State Water Resources Control Board (SWRCB) on May 24, 2022, with the authority granted to the SWRCB through Water Code section 1058.5, it is recommended that the EMID Board of Directors adopt the attached resolution declaring that a water shortage emergency condition exists and implement water conservation measures as outlined in Section 8.60.050 A, B, C, D, E, F and L of the District Code. The water shortage emergency condition shall remain in effect until the EMID Board determines that the State of Emergency no longer exists.
EXECUTIVE SUMMARY
On May 24, 2022, the SWRCB adopted an Emergency Regulation requiring urban water suppliers, such as Estero Municipal Improvement District (EMID), to implement by June 10, 2022, at a minimum, the demand reduction actions 770
identified in their water shortage contingency plans for a shortage level of ten to twenty percent (Level 2).
Implementing Sections A, D, F, and L of Section 8.60.050 of the EMID Code will require the water conservation actions identified in EMID’s water shortage contingency plan. Staff is further recommending that the EMID Board implement Sections B, C, and E, which were activated during the last water shortage emergency, and would therefore create a consistency for the purpose of public awareness, information and outreach.
Based upon the EMID Board’s action, staff will plan and conduct a robust public outreach campaign to ensure that conservation messaging reaches all sectors of the community, especially messaging around the new requirements.
BACKGROUND
On April 12, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, Governor Gavin Newsom proclaimed states of emergency that are ongoing due to extreme and expanding drought conditions statewide. On March 28, 2022, Governor Newsom issued Executive Order N-7-22, which called for all Californians to continue to prioritize voluntary conservation and directed the SWRCB to consider adopting emergency water conservation regulations requiring urban water suppliers to implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (20%) (Level 2).
On May 24, 2022, the SWRCB adopted Resolution 2022-0018, approving the Emergency Regulation (Attachment 2) that requires urban water suppliers, such as EMID, to implement by June 10, 2022, at a minimum, the demand reduction actions identified in its water shortage contingency plan for a shortage level of ten to twenty percent (Level 2). The City/District adopted its water shortage contingency plan in July 2021 as part of the 2020 Urban Water Management Plan.
Also on May 24, 2022, the San Francisco Public Utilities Commission (SFPUC) from whom EMID purchases its water, passed Resolution 22-098 calling for systemwide water use reduction of 11% compared to baseline water use during Fiscal year 2019-2020, which is 1% increase from the existing voluntary 10% systemwide reduction and reflects implementation of Level 2 Shortage Level of the SFPUC’s Water Shortage Contingency 771
Plan. The SFPUC has determined that voluntary actions will be sufficient to accomplish the necessary reductions in water usage and thus, the SFPUC will not impose excess use charges at this time. The SFPUC has asked the Bay Area Water Supply and Conservation Agency to affirm that there is no change to the individual wholesale customer’s percentage share of allocated water (Tier Two allocation.)
ANALYSIS
The SWRCB now requires urban water suppliers to implement their Water Shortage Contingency Plan demand reduction actions up to Level
2. Attachment 3 is Section 3.4 from the EMID 2020 Water Shortage Contingency Plan, containing Table 3-2. Demand Reduction Actions. While many actions from the plan are already in place, the following actions constitute the Level 0, Level 1 and Level 2 actions which are not currently in place, and which the Emergency Regulation now requires to be implemented.
Level 0
Lodging establishments must offer opt-out of linen service. (8.60.050 L) No single pass cooling systems may be installed in new or remodeled buildings. (8.60.050 L)
Unauthorized use of hydrants is prohibited; authorization for use must be obtained from water supplier. (8.60.050 D)
Level 1
Conduct public outreach campaign to encourage customers to wash only full loads of dishes or clothes and use pool covers to minimize evaporation.
Conduct public outreach campaign to encourage customers to use AMI Portal to monitor usage.
Irrigation with potable water outside of newly constructed homes and buildings not delivered by drip or microspray is prohibited. (8.60.050 L) Decorative/Recreational water features, such as fountains shall be covered when not in use. (8.60.050 L)
Watering or irrigation of vegetated areas is prohibited between 9 am and 6 pm except by use of a handheld device, hose equipped with an 772
automatic shutoff device, or for adjusting or repairing an irrigation system for short periods of time. (8.60.050 L)
Level 2
Customers must fix leaks or faulty sprinklers within 4 days (8.60.050 A) Irrigation shall be limited to 3 days/week turf watering when using potable water. Plant containers, trees, shrubs, vegetable gardens may be watered additional days using only drip irrigation or hand watering. (8.60.050 L)
All non-essential water use for commercial, industrial, nurseries and public entities should cease. (8.60.050 L)
Decrease line flushing (8.60.050 F)
Implementing Sections A, D, F, and L of Section 8.60.050, Nonessential Uses – Water Conservation, of Chapter 8.60, Water Conservation and Rationing, of the EMID Code (Attachment 4) will require the water conservation actions identified in the water shortage contingency plan as noted in parenthesis above. Staff is further recommending that the EMID Board implement Sections B, C, and E, which are not only worthwhile water conservation measures, but were also activated during the last water shortage emergency, and would therefore create a consistency for the purpose of public awareness, information and outreach.
Section B: Prohibits using EMID water to operate, clean or flush any ornamental fountain or body of water unless there are extenuating circumstances as determined by the appeals board.
Section C: Prohibits using EMID water to operate a car wash unless water for such use is recycled.
Section E: Prohibits using EMID water to fill any swimming pool or spa unless there are extenuating circumstances as determined by the appeals board.
Adoption of the attached resolution will put the Level 0, 1 and 2 water demand reduction actions that are required by the SWRCB and additional staff- recommended restrictions from Sections B, C, and E into place until the EMID Board determines that the State of Emergency no longer exists.
Sections G, H, I ,J, K and M are not currently required under the Emergency Regulation but provide for additional conservation measures that may be recommended by staff at a later date.
773
Since there was not sufficient time to notice a public hearing prior to the SWRCB deadline to implement Level 2 demand management actions, fines cannot be established at this meeting. Staff will evaluate the need to implement fines as an enforcement mechanism and will bring this action back to a future meeting if recommended.
In the meantime, Level 2 demand reduction actions require, and staff is recommending, a robust public outreach campaign to ensure that conservation messaging, especially messaging around the new requirements, reaches all sectors of the community. Attachment 5 is a broad outline of the methods that will be employed. The details of both methodology and messaging will continue to be developed over the coming months.
FISCAL IMPACT
The primary cost to EMID to implement measures are the cost of public outreach and staff time for education and enforcement of the ordinance. There is no direct cost for this action.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item is in alignment with the "Innovation and Sustainability" Value/Priority Area, since it addresses the conservation of water, an essential natural resource.
Attachments:
Attachment 1 – Resolution
Attachment 2 – SWRCB Resolution 2022-0018
Attachment 3 – Water Demand Reduction Actions section of the EMID 2020 Water Shortage Contingency Plan
Attachment 4 – Foster City Municipal Code Chapter 8.60 Attachment 5 – Conceptual Outreach Plan
774
RESOLUTION NO. ______
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL
IMPROVEMENT DISTRICT DECLARING A WATER SHORTAGE EMERGENCY
CONDITION AND AUTHORIZING THE IMPLEMENTATION OF WATER CONSERVATION MEASURES AS DEFINED IN SECTION 8.60.050 A, B, C, D, E, F, and L OF CHAPTER
8.60 OF THE DISTRICT CODE
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7- 22, which directed the State Water Resources Control Board (SWRCB) to consider adopting an emergency water conservation regulation; and WHEREAS, On May 24, 2022, the SWRCB adopted Resolution No. 2022-0018 which enacted an Emergency Regulation requiring urban water suppliers to implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (20%) (Level 2).
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby declare that a water shortage emergency condition exists and that implementation of certain water conservation measures are necessary to address the drought conditions. Those identified conservation measures are identified as follows: Subsections A, B, C, D, E, F, and L of Section 8.60.050 of the District Code.
BE IT FURTHER RESOLVED that all other remaining measures identified Section
8.60.050, but which are not specified herein, are not being implemented at this time.
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 6 th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
RICHA AWASTHI, PRESIDENT
ATTEST:
______________________________________
PRISCILLA SCHAUS, BOARD SECRETARY
775
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0018
TO ADOPT AN EMERGENCY REGULATION
TO REDUCE WATER DEMAND AND IMPROVE WATER CONSERVATION
WHEREAS:
1. On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.
2. These proclamations urge Californians to reduce their water use.
3. On March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Resources Control Board (State Water Board or Board) to consider adopting emergency regulations to increase water conservation. The Executive Order includes a request that the Board require urban water suppliers to implement Level 2 of their water shortage contingency plans, establish water shortage response actions for urban water suppliers that have not submitted water shortage contingency plans, taking into consideration model actions that the Department of Water Resources, and establish a ban on the irrigation of non- functional turf by entities in the commercial, industrial, and institutional sectors.
4. Many Californians and urban water suppliers have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought requires additional conservation actions from urban water suppliers, residents, and the commercial, industrial, and institutional sectors.
5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend limited water supplies through this summer and into the next year, providing flexibility for all California communities.
Water saved is water available next year, giving water suppliers added flexibility to manage their systems effectively over time. The more water that is conserved now, the less likely it is that a community will experience dire shortages that may require water rationing or other emergency actions.
6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for irrigation of lawns and outdoor landscaping irrigation. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
Attachment 2
776
2 7. The use of potable water to irrigate turf on commercial, industrial, or institutional properties that is not regularly used for human recreational purposes or for civic or community events can be reduced in commercial, industrial, and institutional areas to protect local water resources and enhance water resiliency.
8. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.
9. SaveWater.CA.Gov is an online tool designed to help save water in communities.
This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send. These reports are filed directly with the State Water Board and relevant local water supplier.
10. Enforcement against water waste is a key tool in conservation programs. When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.
11. On March 28, 2022, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.
12. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”
13. On May 13, 2022, the State Water Board issued public notice that it will consider the adoption of the regulation at the Board’s regularly scheduled May 24, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.
14. The emergency regulation exempts suppliers from enforcing connection moratoria, if their Level 2 demand management actions call for them, because new residential connections are critical to addressing the state’s housing supply shortage. However, the Board recognizes connections for other projects may not be appropriate given the shortage conditions and urges water suppliers to carefully evaluate new development projects for their water use impacts. 777
3 15. Disadvantaged communities may require assistance responding to Level 2 conservation requirements, including irrigation restrictions, temporary changes to rate structures, and prohibited water uses. State shortage contingency plans aimed at increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation. This assistance should include but not be limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.
16. The Board directs staff to consider the following in pursuing any enforcement of section 996, subdivision (e): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.
17. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 16. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 996, as appended to this resolution as an emergency regulation that applies to urban water suppliers, as defined by Water Code section 10617.
2. State Water Board staff shall submit the regulation to the Office of Administrative Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes. 778
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulation.
6. The State Water Board directs staff to, by January 1, 2023, survey urban water suppliers on their experience protecting trees and tree cover during drought, with attention to disadvantaged communities. The survey shall inquire about challenges encountered, strategies used, costs, and successes in protecting trees.
7. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 24, 2022.
AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
NAY: None
ABSENT: Board Member Nichole Morgan
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
779
5 ADOPTED EMERGENCY REGULATION TEXT
Version: May 24, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.
(2) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(3) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(4) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(5) “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Non- functional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events. (6) “Plant factor” has the same meaning as in section 491. (7) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(8) “Turf” has the same meaning as in section 491.
(9) “Urban water supplier” has the same meaning as Water Code section 10617. (10) “Water shortage contingency plan” means the plan required by Water Code section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 780
6 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code. (c) (1) Each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2).
(2) Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. (3) Notwithstanding subdivision (c)(1), an urban water supplier may implement the actions identified in subdivision (d) in lieu of implementing the demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code section 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), provided the supplier meets all of the following:
(i) The supplier’s annual water supply and demand assessment submitted to the Department of Water Resources demonstrates an ability to maintain reliable supply until September 30, 2023.
(ii) The supplier does not rely on, for any part of its supply, the Colorado River, State Water Project, or Central Valley Project, and no more than ten (10) percent of its supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by residential customers for the year 2020 is below 55 gallons, as reported to the Board in the Electronic Annual Report.
(d) Each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources shall, by June 10, 2022, and continuing until the supplier has implemented all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier’s customers, using efforts such as email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media. (2) Implement and enforce a rule or ordinance limiting landscape irrigation with potable water to no more than two (2) days per week and prohibiting landscape irrigation with potable water between the hours of 10:00 a.m. and 6:00 p.m. (3) Implement and enforce a rule or ordinance banning, at a minimum, the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
781
7 (e) (1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
(3) Notwithstanding subdivision (e)(1), an urban water supplier may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration. (f) The taking of any action prohibited in subdivision (e) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(g) A decision or order issued under this section by the Board, or an officer or employee of the Board, is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 377, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976. 782
EMID 2020 Water Shortage Contingency Plan 18
3.4 Shortage Response Actions
Water Code Section 10632 (a)(4) requires the WSCP to specify s hortage response actions that align with the defined shortage levels. EMID has defined specific shortage response actions that align with the defined shortage levels in Table 3-1. These shortage response actions were develope d with consideration to the system infrastructure and operations changes, supply augmentation responses, customer -class or water use -specific demand reduction initiatives, and increasingly stringent water use prohibitions.
Demand Reduction
The demand reduction measures that would be implemented to address shortage levels are described in Table 3-2. This table indicates which actions align with specific defined shortage levels and estimates the extent to which that action will reduce the gap between supplies and demands to demonstrate that the suite of shortage response actions can be expected to deliver the outcomes necessary to meet the requirements of a given shortage level. This table also identifies the enforcement action, if any, associated with each demand reduction measure.
However, even the extensive suite of EMID’s shortage response actions presented in Table 3-2 may not deliver the unprecedented demand reductions that may be necessary due to the projected SFPUC shortages for multi- year droughts. These would have to be used in conjunction with supply augmentation measures (discussed in the next section) to mitigate a high level of sustained supply shortfall.
Table 3-2. Demand Reduction Actions (DWR Submittal Table 8-2) Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this going to
reduce the shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or
Reference
(optional)
Penalty,
Charge, or
Other
Enforcement?
For Retail Suppliers
Only Drop Down List
0 Other water
feature or
swimming pool
restriction
Statewide Prohibition is
Required
All decorative water
features shall use only re-
circulated or recycled water.
Yes
0 Other Statewide Prohibition is
Required
Washing or hosing down
vehicles is prohibited except
by use of a handheld
container, hose with an
automatic shut off device,
or at a commercial car wash.
Yes
0 Other – Prohibit
use of potable
water for washing
hard surfaces
Statewide Prohibition is
Required
Washing driveway, sidewalk,
walkways, buildings, hard or
paved surfaces is prohibited
except to alleviate safety or
sanitary hazards using a
hand-held container, hose
with an automatic shut off
device, or a low-volume high
pressure cleaning machine
that recycles used water.
Yes
Attachment 3
783
EMID 2020 Water Shortage Contingency Plan 19
Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this going to
reduce the shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or
Reference
(optional)
Penalty,
Charge, or
Other
Enforcement?
For Retail Suppliers
Only Drop Down List
0 Landscape –
Restrict or prohibit
runoff from
landscape
irrigation
Statewide Prohibition is
Required
Watering vegetated areas in
a manner that causes
excessive water flow or
runoff onto an adjoining
sidewalk, walkway,
driveway, street, alley,
gutter, parking lot, non-
irrigated area, ditch, or
other hard surface is
prohibited.
Yes
0 Landscape – Other
landscape
restriction or
prohibition
Statewide Prohibition is
Required
Irrigating ornamental turf on
public street medians is
prohibited.
Yes
0 Landscape – Other
landscape
restriction or
prohibition
Statewide Prohibition is
Required
No landscape watering shall
occur within 48 hours after
measurable precipitation.
Yes
0 Other – Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
On-going Long Term-
Conservation Savings
Measure. Not applicable
to Water Shortage
Contingency Plan
quantifiable savings.
Fix leaks or faulty sprinklers
promptly/within two weeks. Yes
0 CII – Restaurants
may only serve
water upon
request
On-going Long Term-
Conservation Savings
Measure. Not applicable
to Water Shortage
Contingency Plan
quantifiable savings.
Restaurants may only serve
water upon request. Yes
0 CII – Lodging
establishment
must offer opt-out
of linen service
On-going Long Term-
Conservation Savings
Measure. Not applicable
to Water Shortage
Contingency Plan
quantifiable savings.
Lodging establishment must
offer opt-out of linen
service.
Yes
0 CII – Other CII
restriction or
prohibition
On-going Long Term-
Conservation Savings
Measure. Not applicable
to Water Shortage
Contingency Plan
quantifiable savings.
No single pass cooling
systems may be installed in
new or remodeled buildings.
Yes
784
EMID 2020 Water Shortage Contingency Plan 20
Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this going to
reduce the shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or
Reference
(optional)
Penalty,
Charge, or
Other
Enforcement?
For Retail Suppliers
Only Drop Down List
0 Other – Require
automatic shutoff
hoses
On-going Long Term-
Conservation Savings
Measure. Not applicable
to Water Shortage
Contingency Plan
quantifiable savings.
Use a shutoff nozzle on
hoses. Yes
0 Other
On-going Long Term-
Conservation Savings
Measure. Not applicable
to Water Shortage
Contingency Plan
quantifiable savings.
Unauthorized use of
hydrants is prohibited.
Authorization for use must
be obtained from water
supplier.
Yes
1 Expand Public
Information
Campaign
0-1%
Community outreach and
messaging (expand public
information campaign).
No
1 Expand Public
Information
Campaign
0-1%
Encourage customers to
wash only full loads of
dishes or clothes.
No
1 Expand Public
Information
Campaign
0-1%
Encourage customers to use
pool covers to minimize
evaporation.
No
1 Other – Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
0-1% Fix leaks or faulty sprinklers
promptly/within 5 days. Yes
1 Other – Prohibit
vehicle washing
except at facilities
using recycled or
recirculating water
0-1%
All new commercial car
wash and laundry facilities
must re-circulate the wash
water or obtain a waiver
from EMID.
Yes
1 CII – Commercial
kitchens required
to use pre-rinse
spray valves
0-1%
Food preparation
establishments must use
water efficient kitchen spray
valves.
Yes
1 CII – Other CII
restriction or
prohibition
0-1%
Commercial, industrial,
institutional equipment
must be properly
maintained and in full
working order.
Yes
785
EMID 2020 Water Shortage Contingency Plan 21
Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this going to
reduce the shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or
Reference
(optional)
Penalty,
Charge, or
Other
Enforcement?
For Retail Suppliers
Only Drop Down List
1 Expand Public
Information
Campaign
0-1%
Encourage customers to use
AMI Portal to monitor
usage.
No
1 Provide Rebates
for Turf
Replacement
0-1% Provide rebates for turf
replacement. No
1 Landscape – Other
landscape
restriction or
prohibition
0-5%
Irrigation with potable
water outside of newly
constructed homes and
buildings not delivered by
drip or microspray is
prohibited.
Yes
1 Water Features –
Restrict water use
for decorative
water features,
such as fountains
0-1%
Recreational water features
shall be covered when not in
use.
Yes
1 Provide Rebates
for Landscape
Irrigation Efficiency
0-1% Provide Landscape Irrigation
Efficiency Rebate. No
1 Landscape – Limit
landscape
irrigation to
specific times
0-5%
Watering or irrigation of
vegetated areas is
prohibited between 9 am
and 6 pm except by use of a
handheld device, hose
equipped with an automatic
shutoff device, or for
adjusting or repairing an
irrigation system for short
periods of time.
Yes
1 Other 5-10%
EMID may implement other
prohibited water uses as
determined by EMID, after
notice to customers.
Yes
2 Other – Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
0-1% Fix leaks or faulty sprinklers
within 4 days. Yes
786
EMID 2020 Water Shortage Contingency Plan 22
Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this going to
reduce the shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or
Reference
(optional)
Penalty,
Charge, or
Other
Enforcement?
For Retail Suppliers
Only Drop Down List
2 Landscape – Limit
landscape
irrigation to
specific days
5-10%
Irrigation shall be limited to
3 days/week turf watering
when using potable water.
Plant containers, trees,
shrubs, vegetable gardens
may be watered additional
days using only drip
irrigation or hand watering.
Yes
2 Landscape –
Prohibit certain
types of landscape
irrigation
0-1% All non-essential water use
for nurseries should cease. Yes
2 Landscape –
Prohibit certain
types of landscape
irrigation
0-1%
All non-essential water use
for public entities should
cease.
Yes
2 Landscape –
Prohibit certain
types of landscape
irrigation
0-1%
All non-essential water use
for commercial and
industrial use should cease.
Yes
2 Decrease Line
Flushing 0-1% Decrease line flushing. Yes
2 Pools and Spas –
Require covers for
pools and spas
0-1% Pools and spas – require
covers for pools and spas. Yes
2 Other 5-10%
EMID may implement other
prohibited water uses as
determined by EMID, after
notice to customers.
Yes
3 Landscape – Limit
landscape
irrigation to
specific days
10-25%
Irrigation shall be limited to
2 days/week turf watering
when using potable water.
Plant containers, trees,
shrubs, vegetable gardens
may be watered additional
days using only drip
irrigation or hand watering.
Yes
3 Water Features –
Restrict water use
for decorative
water features,
such as fountains
0-1%
Filling or refilling
ornamental lakes and ponds
is prohibited.
Yes
787
EMID 2020 Water Shortage Contingency Plan 23
Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this going to
reduce the shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or
Reference
(optional)
Penalty,
Charge, or
Other
Enforcement?
For Retail Suppliers
Only Drop Down List
3 Other – Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
0-1% Fix leaks or faulty sprinklers
within 3 days. Yes
3 Other water
feature or
swimming pool
restriction
0-1%
Decorative water features
that use potable water must
be drained and kept dry.
Yes
3 Pools – Allow filling
of swimming pools
only when an
appropriate cover
is in place
0-1%
Allow filling of swimming
pools only when an
appropriate cover is in
place.
Yes
3 Other 5-10%
EMID may implement other
prohibited water uses as
determined by EMID, after
notice to customers.
Yes
4 Other – Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
0-1% Fix leaks or faulty sprinklers
within 2 days. Yes
4 Other water
feature or
swimming pool
restriction
0-1%
Existing pools shall not be
emptied and refilled using
potable water unless
required for public health
and safety purposes.
Yes
4 Other – Prohibit
use of potable
water for
construction and
dust control
0-1%
Require a construction
water use plan be submitted
to the water supplier that
addresses how impacts to
existing water users will be
mitigated (such as dust
control).
Yes
788
EMID 2020 Water Shortage Contingency Plan 24
Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this going to
reduce the shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or
Reference
(optional)
Penalty,
Charge, or
Other
Enforcement?
For Retail Suppliers
Only Drop Down List
4 Other – Prohibit
vehicle washing
except at facilities
using recycled or
recirculating water
0-1%
Car washing is only
permitted using a
commercial carwash that
recycles or recirculates
water or by high
pressure/low volume wash
systems.
Yes
4 Landscape –
Prohibit all
landscape
irrigation
0-1%
Previous waivers for
watering during an
establishment period will be
revoked.
Yes
4 Landscape –
Prohibit certain
types of landscape
irrigation
0-1%
Plant containers, trees,
shrubs, and vegetable
gardens shall be watered
only by drip irrigation or
hand watering.
Yes
4 Other 5-10%
EMID may reduce water
allocations in all categories
to meet the available water
supply.
Yes
4 Other 5-10%
EMID may implement other
prohibited water uses as
determined by EMID, after
notice to customers.
Yes
5 Other – Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
0-1% Fix leaks or faulty sprinklers
within 1 day. Yes
5 Landscape –
Prohibit certain
types of landscape
irrigation
0-1% Watering of all golf course
areas is prohibited. Yes
5 Landscape –
Prohibit certain
types of landscape
irrigation
0-1%
Watering of parks, school
grounds, and recreation
fields is prohibited, except
for rare plant or animal
species.
Yes
789
EMID 2020 Water Shortage Contingency Plan 25
Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this going to
reduce the shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or
Reference
(optional)
Penalty,
Charge, or
Other
Enforcement?
For Retail Suppliers
Only Drop Down List
5 Landscape – Limit
landscape
irrigation to
specific days
5-20%
Irrigation shall be limited to
1 day per week turf
watering when using
potable water. Plant
containers, trees, shrubs,
and vegetable gardens may
be watered additional days
using only drip irrigation or
hand watering.
Yes
5 Other 0-1%
Water for agricultural or
commercial nursery
purposes, except for
livestock watering, is
prohibited.
Yes
5 Other 5-10%
EMID may implement other
prohibited water uses as
determined by EMID, after
notice to customers.
Yes
6 Landscape –
Prohibit all
landscape
irrigation
0-5%
EMID may shut off all non-
essential water services. All
irrigation is prohibited.
Yes
6 Landscape – Other
landscape
restriction or
prohibition
0-1%
No new landscape
installations or renovations
will be permitted.
Yes
6 Landscape – Other
landscape
restriction or
prohibition
0-1%
With the exception of
landscapes watered with
non-potable water, limit the
installation of new
landscaping to drought
tolerant trees, shrubs, and
groundcover. Prohibit
installation of new turf or
hydroseed. Customers may
apply for a waiver to irrigate
during an establishment
period for the installation of
new turf or hydroseed.
Yes
790
EMID 2020 Water Shortage Contingency Plan 26
Demand Reduction Actions
Shortage
Level
Demand Reduction
Actions
How much is this going to
reduce the shortage gap?
Include units used
(volume type or
percentage)
Additional Explanation or
Reference
(optional)
Penalty,
Charge, or
Other
Enforcement?
For Retail Suppliers
Only Drop Down List
6 CII – Other CII
restriction or
prohibition
0-15%
Water for commercial,
manufacturing, or
processing purposes shall be
reduced in volume by up to
50% or exceeded if
necessary for public health
and safety purposes.
Yes
6 Other water
feature or
swimming pool
restriction
0-1% No new permits for pools
will be issued. Yes
6 Other 0-70%
Water use for public health
and safety purposes only.
Customer rationing may be
implemented.
Yes
6 Other 0-1%
The EMID may
discontinue service to
consumers who willfully
violate any water
conservation provisions.
Yes
6 Other 0-1% Water for air conditioning is
prohibited. Yes
Supply Augmentation
The supply augmentation actions are presented in Table 3 -3. Funding will be necessary to implement these augmentation measures safely, reliably, and on a large scale throughout EMID’s service area to supplement the SFPUC supply during multi-year supply cutbacks.
For the long-term, EMID is working with BAWSCA and member agencies to coordinate mutual agreements for emergency water supplies.
791
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Chapter 8.60
WATER CONSERVATION AND RATIONING
Sections:
8.60.010 Definitions.
8.60.020 Declaration of water emergency.
8.60.030 Mandatory water conservation and rationing policy.
8.60.040 Prohibition of nonessential uses during state of water shortage emergency.
8.60.050 Nonessential uses—Water conservation.
8.60.060 Nonessential uses—Water rationing.
8.60.070 Authority to enforce—Penalties.
8.60.080 Disconnection.
8.60.090 Appeals board, appeals and exceptions.
8.60.100 Reconnection.
8.60.110 New connections.
8.60.120 Excess water use charge.
8.60.130 Waiver of excess water use charge.
8.60.010 Definitions.
As used in this chapter:
A. “District board” means the board of directors of the Estero municipal improvement district.
B. “District” means the Estero municipal improvement district.
C. “District president” means the president of the board of directors of the Estero municipal improvement district.
D. “District manager” means the district manager of the Estero municipal improvement district.
E. “District engineer” means the district engineer of the Estero municipal improvement district.
F. “District counsel” means the district counsel of the Estero municipal improvement district.
G. “District secretary” means the district secretary of the Estero Municipal improvement district.
H. “Finance director” means the finance director of the Estero municipal improvement district.
I. “User” and “customer” mean any person, firm, partnership, association, corporation, company, organization or governmental entity taking water from or using water supplied by the Estero municipal improvement district.
J.
“Unit of water” is one hundred cubic feet of water.
K. “Water” means water supplied by the Estero municipal improvement district.
L. “Irrigation” means the watering of grass, lawn, groundcover, shrubbery, annual flowers/plantings, open ground, gardens, trees or other vegetation.
M.
“Water emergency” means any condition related to the district’s available water supply which limits its ability to supply a normal amount of water to district customers. (Ord. 126 § 1 (part), 2009)
8.60.020 Declaration of water emergency.
Attachment 4
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In accordance with the provisions of Chapter 3 of the California Water Code, the district board may declare a water shortage emergency condition to prevail and therefore a need to implement mandatory water conservation and/or water rationing which shall remain in effect until the district board determines that the state of water emergency no longer exists. (Ord. 126 § 1 (part), 2009)
8.60.030 Mandatory water conservation and rationing policy.
During a state of water emergency, it is the policy of the district to prohibit or restrict certain uses of water which is obtained from the district water supply and to prescribe penalties for violations. (Ord. 126 § 1 (part), 2009)
8.60.040 Prohibition of nonessential uses during state of water shortage emergency.
The provisions of this chapter shall apply to all users of water obtained from the district. Notwithstanding other provisions of the Foster City Municipal and Estero Municipal Improvement District Codes inconsistent with this chapter, the provisions of this chapter shall remain in effect until such time as the district board declares the water shortage emergency over. (Ord. 126 § 1 (part), 2009)
8.60.050 Nonessential uses—Water conservation.
Upon the district board declaring a water shortage emergency condition to prevail and declaring that water conservation measures are required, it shall be unlawful to use water obtained from the district water supply in the following ways, with the following results or during the following times or conditions:
A. Allowing or failing to attend to the escape of water through leaks, breaks or malfunction within the water user’s plumbing or distribution system for any period of time within which such leak, break or malfunction should reasonably have been discovered and corrected. It shall be presumed that a period of twenty-four hours after the water user discovers or is notified of such break, leak or malfunction is a reasonable time within which to correct such condition or to make arrangement for correction;
B. Operating, cleaning or flushing any ornamental fountain or body of water unless there are extenuating circumstances as determined by the appeals board;
C. Operating a car wash unless water for such use is recycled; D. Taking or using water from any fire hydrant unless specifically authorized by permit from the appeals board, except by legally constituted fire protection agencies for fire suppression purposes; E. Filling any swimming pool or spa unless there are extenuating circumstances as determined by the appeals board;
F. Flushing fire hydrants and water mains unless there is an emergency as determined by the district engineer; G. Excess watering of new planting or replanting of any water-dependent landscaping including, but not limited to, any replacement, additional or new grass, lawn, groundcover, shrubbery, annual flowers/plantings, trees, gardens or other vegetation until such time as the district board has determined that the water shortage emergency is over. The planting and replanting should be done in a manner which minimizes the amount of water required;
H. Using water for consolidation of backfill or dust control; I. Any other use of water which is determined to be wasteful as determined by the district engineer; J. The application of potable water to outdoor landscapes during and within forty-eight hours after measurable rainfall;
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K. The irrigation with potable water of ornamental turf on public street medians; L. Any other restrictions and prohibitions outlined in the most recent version of Estero Municipal Improvement District’s water shortage contingency plan;
M. Use of graywater is exempt and may be used for irrigation purposes. (Ord. 136 § 2 (part), 2018: Ord. 134 § 1 (part), 2016; Ord. 132 § 1 (part), 2015; Ord. 126 § 1 (part), 2009)
8.60.060 Nonessential uses—Water rationing.
Upon the district board declaring a water shortage emergency condition to prevail and declaring that water rationing measures are required, it shall be unlawful to use water obtained from the district water supply in the following ways, with the following results or during the following times or conditions:
A. Using water in excess of the following allocations:
1. Residential customers as specified by resolution of the district board;
2. Industrial customers as specified by resolution of the district board;
3. Commercial, institutional and governmental customers as specified by resolution of the district board;
4. Irrigation and outside water usage customers as specified by resolution of the district board; B. Allowing or failing to attend to the escape of water through leaks, breaks or malfunction within the water user’s plumbing or distribution system for any period of time within which such break, leak or malfunction should reasonably have been discovered and corrected. It shall be presumed that a period of twenty-four hours after the water user discovers or is notified of such break, leak or malfunction is a reasonable time within which to correct such condition or to make arrangement for correction;
C. Operating, cleaning, flushing, filling or refilling of any ornamental fountain or body of water, unless there are extenuating circumstances as determined by the appeals board; D. Operating a car wash unless water for such use is recycled; E. Taking or using water from any fire hydrant unless specifically authorized by permit from the appeals board, except by legally constituted fire protection agencies for fire suppression purposes; F. Draining and then filling or refilling of any swimming pool or spa unless there are extenuating circumstances as determined by the appeals board;
G. Flushing fire hydrants and water mains unless there is an emergency as determined by the district engineer; H. Excess watering of new planting or replanting of plant material of any type, including but not limited to any replacement, additional or new grass, lawn, groundcover, shrubbery, annual flowers/plantings, trees, gardens or other vegetation until such time as the district board has determined that the water shortage emergency is over.
Planting and replanting should be done in a manner which minimizes the amount of water required; I. Using water for consolidation of backfill or dust control; J. Any other use of water which is determined to be wasteful as determined by the district engineer; K. Any other restrictions and prohibitions outlined in the most recent version of Estero Municipal Improvement District’s water shortage contingency plan;
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L. Use of graywater is exempt and may be used for irrigation purposes. (Ord. 136 § 2 (part), 2018: Ord. 134 § 1 (part), 2016; Ord. 132 § 1 (part), 2015; Ord. 126 § 1 (part), 2009)
8.60.070 Authority to enforce—Penalties.
All peace officers of the city of Foster City and public officers and employees duly authorized by the district manager shall enforce this chapter pursuant to Chapter 5C, Title 3, Part 2 of the Penal Code (Section 853.5 et seq). This authority is based on Section 836.5 of the Penal Code. In the performance of their duties the above referred to peace officers and officers and employees have the authority to issue citations to appear in court for violations of this chapter.
A. Violation of any provisions of this chapter, including the use of water in excess of the allotments set forth in Section 8.60.060(A) is subject to penalties as provided for in Section 356 of the California Water Code.
Additionally, the district may require installation of a flow-restricting device on the water service line.
B. Charges for installation of flow-restricting devices and restoration of service shall be specified by resolution of the district board.
C. Continued water consumption in excess of the allocation may result in discontinuance of water service by the district.
D. In addition to applicable penalties, a charge as established by resolution of the board of directors shall be paid prior to reactivating water service.
E. Except as specifically stated elsewhere, any violation of the provisions of this chapter shall be punishable as an infraction, the penalty for which shall be as follows:
1. In addition to applicable penalties, a first violation charge as established by resolution of the board of directors will be made and collected.
2. In addition to applicable penalties, a second violation charge as established by resolution of the board of directors will be made and collected.
3. In addition to applicable penalties, an each additional violation charge as established by resolution of the board of directors will be made and collected. (Ord. 126 § 1 (part), 2009)
8.60.080 Disconnection.
Any user in violation of the provisions of Section 8.60.050 or 8.60.060 who fails to take corrective action after the first notification of the violation shall be subject to disconnection of water service. Upon disconnection of water service, a written notice shall be served upon the violator, or conspicuously posted at the entrance to the location where the violation has occurred and which shall state the time, place and general description of the violation and the method by which reconnection may be accomplished. (Ord. 126 § 1 (part), 2009)
8.60.090 Appeals board, appeals and exceptions.
A. An appeals board shall be established that is comprised of the district manager, finance director and the district president or their designees.
B. A written appeal for an exception to use water contrary to the provisions of Sections 8.60.050 and/or
8.60.060 or for an adjustment in an allocation of water may be made to the appeals board. Such appeal shall clearly state the basis for the appeal, the cause or reason why special consideration should be given by the 795
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appeals board, any corrective measures that must and will be taken and when they will be completed, the specific relief sought and any other pertinent information. The appeals board may:
1. Allow the planting of materials selected from an approved list of drought-tolerant plant materials obtained from the district and which are planted in low water use landscape designs and which employ low water use irrigation systems. The written appeal shall include a complete description of the planting request including the exact number and type of materials to be planted, how low water use landscape designs and irrigation systems will be used, and any other descriptive information likely to be of assistance to the appeals board in rendering a decision; or
2. Allow the use of water otherwise restricted or prohibited; or
3. Adjust an allocation of water if it finds that:
a. Failure to do so would cause an emergency condition adversely affecting the health, sanitation, fire protection or safety of the user or the public; and/or
b. The user has adopted all practicable water-conservation measures; and/or c. Failure to do so would cause unnecessary and undue hardship to the customer or the public.
C. Any user who believes that an activity or condition which resulted in the disconnection of water service pursuant to this chapter did not constitute a violation of this chapter may appeal the disconnection in writing to the appeals board. If the appeals board finds that the activity or conduct did not constitute a violation of this chapter or was reasonable or unavoidable or for another reason should not be penalized, the user shall be reconnected to the water supply system and the reconnection charge shall be refunded. (Ord. 126 § 1 (part), 2009)
8.60.100 Reconnection.
A. Where water service is disconnected as authorized in Section 8.60.080, it shall be immediately reconnected upon correction of the condition or activity and payment of a reconnection charge as established by resolution of the board of directors.
B. Those water users that are serviced by a master meter for both domestic supply and irrigation and who are disconnected for violating any of the provisions contained within this chapter shall, upon receiving written notice from the district engineer, do and be subject to the following:
1. Post a cash bond in an amount determined by the district engineer to install a separate water service line and meter for the property owner’s irrigation system within sixty days of the water disconnection.
2. If the owner fails to install the new water service line and meter within the sixty days, the district shall utilize the cash bond to pay for installation costs associated with installing the water service line and meter.
Any funds remaining after the installation of the water service line and meter shall be returned to the customer. Additional funds may be collected from the user by the district if the original amount was insufficient to complete installation of the service line and meter. (Ord. 126 § 1 (part), 2009)
8.60.110 New connections.
Water service connections to accommodate new developments, new construction or new users shall be granted only if water saving fixtures or devices are incorporated into the user’s plumbing and landscape irrigation system.
For new developments in which water dependent landscaping is required as a use permit condition, the district shall require a cash bond or other form of security subject to approval of the district counsel from the developer in 796
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an amount equal to the estimated cost of landscaping plus ten percent. Cash deposits will be placed in an account in which the interest shall accrue to the developer. (Ord. 126 § 1 (part), 2009)
8.60.120 Excess water use charge.
A. An excess use charge as determined by resolution of the district board may be levied for water used in excess of the allocations specified by resolution of the district board.
B. Additional charges to all users may be imposed to compensate for a loss of revenue to the district or to pay for any additional cost to the district associated with the purchase of more water. (Ord. 126 § 1 (part), 2009)
8.60.130 Waiver of excess water use charge.
Written application for a waiver of an excess water use charge may be made to the appeals board. Such application shall contain all of the information required in Section 8.60.090.
A. The appeals board may waive a specific excess water use charge if it finds, based upon information and/or facts presented, that sufficient justification is present to allow such a waiver.
B. A waiver may be granted for one or more of the following reasons:
1. Water used in excess of the allocation was for the protection of health and/or sanitation or for the protection of property in the case of fire.
2. Water used in excess of allocation was the result of a condition unknown to the user which has subsequently been corrected to the satisfaction of the appeals board.
C. A waiver shall not be granted unless the user has adopted and has demonstrated all practicable water conservation or rationing measures, nor shall a waiver be granted on the basis of economic hardship. (Ord. 126 § 1 (part), 2009)
The Estero Municipal Improvement District Code is current through Ordinance 137, passed August 17, 2020, and Foster City Ordinance 603, passed October 17, 2016.
Disclaimer: The City Clerk's Office has the official version of the Foster City Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
797
Attachment 5
Conceptual Communications Strategy
Implementation of Level 2 Water Shortage Contingency Plan
1. Water Conservation Communication Methods
As a community outreach strategy regarding the drought, the Communications Division will leverage print media outlets, social media channels, a network of community organizations, and more to disseminate the messaging regarding water conservation.
The Communications Division plans to craft press releases regarding water conservation regulations, which will be sent to local newspapers such as the Foster City Islander and San Mateo Daily Journal.
That press release will also be distributed via listserv to community members, as well as local business owners, nonprofit organizations and community groups.
Graphics will also be created that can be paired with water conservation messaging that will be posted on social media outlets, FCTV, as well as the City’s digital marquee and posting boards at City Hall and the Recreation Center.
Social media messaging will continue on an ongoing basis (at least weekly) and evolve to reflect potential updates to water conservation regulations. The Communications Division will also direct the messaging to residents using the Simplicity app, as well as post drought-related messaging on the homepage of the City’s website.
Additionally, the messaging will be regularly featured in the Foster City Current, the city’s newsletter, which will be sent directly to the City’s more than 9,000 subscribers. There is also an opportunity for water conservation messaging to be introduced as a topic in the Mayoral Minute video series, or other creative video projects. The messaging will also be included on printed flyers mailed as part of an insert in the City’s Recology customers’ bills and on utility billing messages. Beyond these efforts, the Communications Division is always looking for innovative and emerging ways to disseminate messaging and those opportunities will be considered as they become available. 798
Attachment 5
Conceptual Communications Strategy
Implementation of Level 2 Water Shortage Contingency Plan
2. Water Conservation Messages
a. New Water Conservation Requirements:
Lodging establishments must offer opt-out of linen service. No single pass cooling systems may be installed in new or remodeled buildings. Unauthorized use of hydrants is prohibited.
Decorative/Recreational water features, such as fountains shall be covered when not in use. Customers must fix leaks or faulty sprinklers within 24-hours of leaks being detected. b. New Water Conservation Restrictions:
District water may not be used for irrigation outside of newly constructed homes and buildings not delivered by drip or microspray.
District water may not be used for watering or irrigation of vegetated areas between 9 am and 6 pm except by use of a handheld device, hose equipped with an automatic shutoff device, or for adjusting or repairing an irrigation system for short periods of time. District water may not be used for watering or irrigating turf more than 3 days/week watering.
Plant containers, trees, shrubs, vegetable gardens may be watered additional days using only drip irrigation or hand watering.
District water may not be used for non-essential commercial, industrial, nurseries and public entity uses.
District water may not be used for operating, cleaning or flush any ornamental fountain or body of water.
District water may not be used for operating a car wash. District water may not be used for filling any swimming pool or spa. c. Existing Water Conservation (Reminders)
Wash only full loads of dishes or clothes.
Use pool covers to minimize evaporation.
Use the District’s online portal to monitor water usage and identify leaks. Awareness of District Water Conservation rebate programs. Other messaging as appropriate.
799
Prepared Date 05/16/2022 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2022/11
Report Number 33
Check Number Vendor Name Description
145790 A PLUS TREE INC TREE SERVICES
145791 AIRGAS USA, LLC WELDING SUPPLIES FOR VEHICLE AND EQUIPMENT
MAINTENANCE
145792 AKBAR JONES INSTRUCTOR FEE - GREAT VOLLEYBALL
145793 ALPHA ANALYTICAL LABORATORIES INC. LAGOON WATER QUALITY TEST 145794 ALPINE AWARDS ACCOUNTING 2021 BOCCE CHAMPION PLAQUE ENGRAVING 145795 ALWAYS ON TIME CONCRETE & PUMPING CONCRETE SERVICES 145796 ANIMAL DAMAGE MANAGEMENT, INC. GROUND SQUIRREL CONTROL SERVICES - APRIL 2022 145797 BARTLE WELLS ASSOCIATES WATER AND SEWER RATES STUDY 2022 145798 BAY AREA WATER SUPPLY & CONSERVATION
AGENCY
FY21/22 3RD QUARTER ASSESSMENT
145799 BAYSIDE BUILDING MATERIALS MISCELLANEOUS SUPPLIES - WASTEWATER DEPARTMENT 145800 BENDER ROSENTHAL INC CIP657 - PROFESSIONAL INTEREST ACQUISITION SERVICES - APRIL 2022
145801 BRIAN HANSEN SOLAR REBATE
145802 BURKE, WILLIAMS & SORENSEN, LLP GENERAL LEGAL SERVICES FOR CITY - DECEMBER 2021 145803 BURWELL, TAMMERLAINE INSTRUCTOR FEE - CERAMICS
145804 CAL-WEST LIGHTING & SIGNAL MTNC INC TRAFFIC SIGNAL & STREET LIGHT REPAIR MAINTENANCE - FEBRUARY 2022
145805 CALPELRA 2022 CONFERENCE EXHIBITOR BOOTH FEE - 50% DEPOSIT 145806 CAREN FONDY UTILITY OVERPAYMENT REFUND
145807 CEL ANALYTICAL INC LAGOON TESTING - MARCH 2022
145808 MARIAN CHAPIN INSTRUCTOR FEE - CERAMICS
145809 PETER CHEN SMART CONTROLLER REBATE
145810 CINTAS CORPORATION UNIFORM/LAUNDRY SERVICES
145811 CLARK PEST CONTROL OF STOCKTON INC PEST AWAY SERVICES - MAY 2022 145812 CLASSIC AMUSEMENT LLC DEPOSIT FOR CARNIVAL RIDE AT SUMMER DAYS 145813 CODE PUBLISHING, INC. MUNICIPAL CODE WEB HOST
Check Date Check
Amount
5/16/2022 941.92
5/16/2022 220.05
5/16/2022 1,146.00
5/16/2022 900.00
5/16/2022 29.05
5/16/2022 456.00
5/16/2022 350.00
5/16/2022 6,480.00
5/16/2022 5,550.00
5/16/2022 574.22
5/16/2022 2,360.00
5/16/2022 1,000.00
5/16/2022 4,489.00
5/16/2022 8,940.00
5/16/2022 4,942.16
5/16/2022 1,750.00
5/16/2022 273.40
5/16/2022 2,230.00
5/16/2022 203.00
5/16/2022 111.34
5/16/2022 442.22
5/16/2022 1,070.00
5/16/2022 5,000.00
5/16/2022 400.00
800
Prepared Date 05/16/2022 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2022/11
Report Number 33
Check Number Vendor Name DescriptionCheck Date Check
Amount
145814 COMMUNICATION ACADEMY INSTRUCTOR FEE - ACADEMIC WRITING 145815 CONSTRUCTCONNECT CIP697 LEGAL AD SERVICE
145816 CORE & MAIN LP MISCELLANEOUS SUPPLIES - WATER PROGRAM 145817 CORODATA RECORDS MANAGEMENT INC OFF-SITE RECORDS STORAGE 145818 COUNTY RESTAURANT SUPPLY COMPANY PURCHASE OF ICE MAKERS AND WARRANTY 145819 CREATIVE SECURITY COMPANY INC. PRE-EMPLOYMENT EXAMS 145820 CRESCO EQUIPMENT RENTALS WATER LINE PUMP REPAIR
145821 CWEA MEMBERSHIP/CERTIFICATION RENEWALS - ZAHEED DANISH,
DOUGLAS YOUNG & JAMES MACKINLAY
145822 CYGNET ENTERPRISES INC. POND DYE FOR LAGOON MANAGEMENT 145823 DODGE DATA & ANALYTICS PUBLICATION FOR CIP697 - STREET REHABILITATION PROJECT BID
145824 ECONOMIC & PLANNING SYSTEMS INC IMPACT FEE STUDY/ANALYSIS PROFESSIONAL SERVICES - MARCH 2022
145825 EDWARDS, BERNARD INSTRUCTOR FEE - KARATE
145826 ESTERO MUNICIPAL IMPROVEMENT DIST. WATER SERVICES - APRIL 2022 145827 EWING IRRIGATION PRODUCTS MISCELLANEOUS INDUSTRIAL SUPPLIES & MATERIAL - PARKS &
WATER PROGRAM
145828 FIELDTURF USA INC. SYNTHETIC TURF REPAIR - EDGEWATER & CATAMARAN PARK 145829 FLOCK GROUP INC LICENSE PLATE READERS
145830 FOLGERGRAPHICS ACTIVITY GUIDE - SUMMER 2022
145831 FORELAND PARTS INC. AUTO PARTS
145832 FOSTER CITY ISLANDER LEGAL NOTICES FOR PUBLIC HEARING 145833 THE GOODYEAR TIRE & RUBBER COMPANY AUTO PARTS
145834 GREENTECH LANDSCAPE SERVICES HIP LANDSCAPING SERVICES - APRIL 2022 145835 HAYATO OTA CLASS REFUND - CAMP OUTBACK
145836 HERC RENTALS INC LAWN EQUIPMENT RENTAL
5/16/2022 1,536.00
5/16/2022 374.00
5/16/2022 2,755.04
5/16/2022 99.31
5/16/2022 4,721.62
5/16/2022 5,220.88
5/16/2022 1,857.86
5/16/2022 692.00
5/16/2022 5,925.39
5/16/2022 887.90
5/16/2022 26,327.75
5/16/2022 2,503.20
5/16/2022 66,415.27
5/16/2022 1,191.91
5/16/2022 3,142.86
5/16/2022 18,561.64
5/16/2022 4,085.16
5/16/2022 269.38
5/16/2022 3,197.75
5/16/2022 1,230.74
5/16/2022 500.00
5/16/2022 240.00
5/16/2022 355.74
801
Prepared Date 05/16/2022 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2022/11
Report Number 33
Check Number Vendor Name DescriptionCheck Date Check
Amount
145837 HIP HOUSING AFFORDABLE VENTURES INC HIP MANAGEMENT FEE - MAY 2022 AND WORKFORCE HOUSING MANAGEMENT FEE APRIL 2022
145838 HOME DEPOT CREDIT SERVICES MISCELLANEOUS MATERIAL & SUPPLIES - WATER, STREET, AND
PARK PROGRAM
145839 INFOSEND INC. ONLINE UTILITY BILLING - MARCH AND APRIL 2022 145840 JAMES MACKINLAY VISION REIMBURSEMENT - JAMES MACKINLAY 145841 JANE LIM INSTRUCTOR FEE - CERAMICS
145842 JOSEPH PAUL KAISER INSTRUCTOR FEE - AFTER SCHOOL HOOPS 145843 JULIO CLEANING AND MAINTENANCE JANITORIAL SERVICE - MAY 2022 145844 KELLY-MOORE PAINT COMPANY INC. PAINT SUPPLIES
145845 KOFF & ASSOCIATES, INC. CLASSIFICATION STUDY SERVICES - APRIL 2022 145846 LDVALI, LLC INSTRUCTOR FEE - LINE DANCE
145847 LORAL LANDSCAPING INC. LANDSCAPE MAINTENANCE -JANUARY - MAY 2022 & MEDIAN MAINTENANCE - FEBRUARY - MARCH 2022
145848 LOUIS SUN EMPLOYEE REIMBURSEMENT - LOUIS SUN
145849 LUIS AVALOS VISION REIMBURSEMENT - LUIS AVALOS
145850 LYNGSO GARDEN MATERIALS, INC. LANDSCAPE MATERIALS 145851 MANUEL GARCIA EMPLOYEE REIMBURSEMENT - MANUEL GARCIA 145852 MCMASTER-CARR GRAFFITI REMOVER SUPPLIES
145853 METRO LIGHTING DBA WESCHEM INC. BUILDING LIGHTING SUPPLIES 145854 MICHAEL CASEY VISION REIMBURSEMENT - MICHAEL CASEY 145855 MIKE GREENE EMPLOYEE REIMBURSEMENT - MIKE GREENE 145856 MISSION CLOUD SERVICES, INC CALOPPS WEBSITE HOSTING SERVICES: MONITORING & ALERT RESPONSE, BACKUPS, PATCHING, & MAINTENANCE - MAY 2022 145857 MISSION LINEN SUPPLY-UNIFORM LAUNDRY SERVICES - APRIL 2022 145858 MOVEABLE FEAST FOOD TRUCK SERVICE DEPOSIT FOR SUMMER DAYS EVENT 145859 MURRAYSMITH INC CIP690: SEISMIC IMPROVEMENT AT LAGOON PUMP STATION
PROJECT
145860 N. GLANTZ & SON LLC CIP694 TRAFFIC RELIEF PILOT PROGRAM SIGN MATERIAL 5/16/2022 3,360.00
5/16/2022 2,619.57
5/16/2022 5,173.29
5/16/2022 115.98
5/16/2022 287.00
5/16/2022 6,069.00
5/16/2022 25,088.00
5/16/2022 47.95
5/16/2022 2,970.00
5/16/2022 306.00
5/16/2022 47,940.00
5/16/2022 65.00
5/16/2022 200.00
5/16/2022 157.50
5/16/2022 300.00
5/16/2022 116.27
5/16/2022 662.10
5/16/2022 200.00
5/16/2022 87.49
5/16/2022 2,000.00
5/16/2022 384.17
5/16/2022 3,712.50
5/16/2022 257.50
5/16/2022 4,107.92
802
Prepared Date 05/16/2022 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2022/11
Report Number 33
Check Number Vendor Name DescriptionCheck Date Check
Amount
145861 NAVIA BENEFIT SOLUTIONS, INC. SECTION 125 PARTICIPANT FEE - APRIL 2022 145862 NEERAJ OBERAI CLASS REFUND - STEAM 2-14-FC
145863 NWESTCO LLC UST OPERATOR INSPECTION
145864 GREGORY N ORDUYAN INSTRUCTOR FEE - GRAPHIC DESIGN 145865 PACIFIC AUXILIARY FIRE CO FIRE ALARM INSPECTION - BUILDING PROGRAM 145866 PACIFIC GAS & ELECTRIC COMPANY ELECTRICITY AND GAS - MARCH -MAY 2022 145867 PACIFIC OFFICE AUTOMATION, INC COPIER INK AND COPIER USAGE CHARGES - FEBRUARY 2022- APRIL 2022
145868 PENELOPE SHEPHERD INSTRUCTOR FEE - CERAMICS
145869 PENINSULA GYMNASTICS INSTRUCTOR FEE - GYMNASTICS 145870 PENINSULA POWER WASH PRESSURE WASHING SERVICES - APRIL 2022 145871 PENINSULA SPORTS OFFICIALS ASSOC. ADULT SOFTBALL UMPIRES 145872 PERS LONG-TERM CARE PROGRAM INSURANCE PREMIUM - MAY 2022 145873 PRECISION ENGRAVERS INC ENGRAVED NAME TAGS
145874 PRISCILLA SCHAUS EMPLOYEE REIMBURSEMENT - PRISCILLA SCHAUS 145875 PRUDENTIAL OVERALL SUPPLY TOWEL/UNIFORM LAUNDRY SERVICES - APRIL 2022 145876 RICOH USA, INC COPIER SERVICES
145877 ROGELIO GUERRA VISION REIMBURSEMENT - ROGELIO GUERRA 145878 SAN MATEO CONSOLIDATED FIRE DEPT FIRE PLAN CHECK FEE - MARCH 2022 145879 SAN MATEO LAWN MOWER SHOP MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM 145880 SCHAAF & WHEELER CONSULTING CIP657:LEVEE PROTECTION PLANNING AND IMPROVEMENTS - MARCH 2022
145881 SHASHANK DAVE LAGOON ROOM DEPOSIT REFUND
145882 SHEPPERD ENTERPRISES INC FURNITURE FOR SENIOR WING LOBBY 145883 SHIMMICK CONSTRUCTION COMPANY INC CIP657:LEVEE PROTECTION PLAN AND IMPROVEMENT - APRIL 2022
145884 SOFTWARE ONE INC. ADOBE RENEWAL - FEBRUARY 24, 2022 - FEBRUARY 23, 2023 145885 SPORTYKIDS LLC INSTRUCTOR FEE - SKYHAWKS PENINSULA 5/16/2022 94.50
5/16/2022 125.00
5/16/2022 115.00
5/16/2022 828.00
5/16/2022 1,296.00
5/16/2022 36,519.23
5/16/2022 3,167.64
5/16/2022 245.00
5/16/2022 540.00
5/16/2022 1,750.00
5/16/2022 799.00
5/16/2022 134.83
5/16/2022 42.65
5/16/2022 55.00
5/16/2022 158.18
5/16/2022 274.05
5/16/2022 200.00
5/16/2022 16,695.50
5/16/2022 195.10
5/16/2022 116,440.71
5/16/2022 450.00
5/16/2022 5,420.87
5/16/2022 1,361,621.08
5/16/2022 14,168.52
5/16/2022 880.60
803
Prepared Date 05/16/2022 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2022/11
Report Number 33
Check Number Vendor Name DescriptionCheck Date Check
Amount
145886 STAPLES BUSINESS CREDIT OFFICE SUPPLIES
145887 STATE WATER RESOURCES CONTROL BOARD D2 CERTIFICATION - LOUIS SUN 145888 SUMMIT AUTO BODY & PAINTING AUTO REPAIR SERVICES 145889 T.H.E. OFFICE CITY OFFICE SUPPLIES
145890 TELECOMMUNICATIONS ENGINEERING
ASSOCIATION
RADIO EQUIPMENT FEES - APRIL 2022
145891 THERMAL MECHANICAL INC. HVAC SYSTEM REPAIRS PARTS AND MATERIALS 145892 THOMAS SARSFIELD INSTRUCTOR FEE - TENNIS
145893 TIFCO INDUSTRIES MISCELLANEOUS SUPPLIES VEHICLE PROGRAM 145894 TRI-VALLEY MOTO MOTORCYCLE PARTS
145895 TRIPEPI, SMITH & ASSOCIATES, INC. CIP657:LEVEE PROTECTION PLANNING AND IMPROVEMENT - APRIL 2022
145896 URBAN INSIGHT, INC. CALOPPS TECHNOLOGY SUPPORT SERVICES -APRIL 2022 145897 URBAN PLANNING PARTNERS INC. HOUSING ELEMENT UPDATE AND AFFORDABLE HOUSING PROFESSIONAL SERVICES - MARCH 2022
145898 UTILITY TELECOM GROUP, LLC INTERNET SERVICES - MAY 2022 145899 VISION SERVICE PLAN - (CA) VISION PREMIUM - MAY 2022 145900 LUCIA MOHINI WETTASINGHE INSTRUCTOR FEE - CERAMICS 145901 WHEEL WORKS TIRE SERVICES
145902 YELENA CAPPELLO EMPLOYEE REIMBURSEMENT - YELENA CAPPELLO 145903 4LEAF, INC. PLANNING TECHNICIAN SERVICES - MARCH 2022 AND NEW
WINDOW & SKYLIGHTS
5/16/2022 415.93
5/16/2022 60.00
5/16/2022 924.27
5/16/2022 486.41
5/16/2022 1,978.00
5/16/2022 19,010.88
5/16/2022 7,483.00
5/16/2022 751.64
5/16/2022 1,789.24
5/16/2022 7,607.50
5/16/2022 2,500.00
5/16/2022 23,555.00
5/16/2022 2,404.22
5/16/2022 1,183.14
5/16/2022 7,200.00
1,948,299.68
5/16/2022 378.00
5/16/2022 108.99
5/16/2022 70.00
804
Prepared Date 05/16/2022 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2022/11
Report Number 33
Check Number Vendor Name DescriptionCheck Date Check
Amount
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON MAY 16, 2022 805