5.6 Attachment 3 - City/District FY 2023-2024 Pay Plan Effective January 1, 2024
149
Exhibit ACity of Foster City / Estero Municipal Improvement District FY 2023-2024 Pay Plan
Effective January 1, 2024
Hourly
Position Step 1 Step 2 Step 3 Step 4 Step 5
Other Management - Non-Exempt
Deputy City Clerk 43.8784 46.0723 48.3759 50.7947 53.3344 Police Records Supervisor 49.8726 52.3662 54.9845 57.7337 60.6204 Housing Coordinator 54.4671 57.1905 60.0500 63.0525 66.2051 Human Resources Technician 40.8812 42.9253 45.0716 47.3252 49.6915 AFSCME - Maintenance Unit
Public Works Lead Maintenance Worker 42.1107$ 44.2162$ 46.4270$ 48.7483$ 51.1857$ Building Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Parks Lead Maintenance Worker 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Irrigation Technician 41.3424$ 43.4095$ 45.5800$ 47.8590$ 50.2519$ Mechanic I 40.8662$ 42.9095$ 45.0550$ 47.3077$ 49.6731$ Building Maintenance Worker II 38.9232$ 40.8694$ 42.9129$ 45.0585$ 47.3114$ Public Works Maintenance Worker II 38.1956$ 40.1054$ 42.1107$ 44.2162$ 46.4270$ Parks Maintenance Worker II 37.4988$ 39.3737$ 41.3424$ 43.4095$ 45.5800$ Equipment Maintenance Worker 37.0669$ 38.9202$ 40.8662$ 42.9095$ 45.0550$ Building Maintenance Worker I 35.3045$ 37.0697$ 38.9232$ 40.8694$ 42.9129$ Public Works Maintenance Worker I 34.6446$ 36.3768$ 38.1956$ 40.1054$ 42.1107$ Parks Maintenance Worker I 34.0125$ 35.7131$ 37.4988$ 39.3737$ 41.3424$ Public Works Maintenance Worker 31.4236$ 32.9948$
Parks Maintenance Worker 30.8504$ 32.3929$
AFSCME - General Unit
Plans Examiner 60.3602$ 63.3782$ 66.5471$ 69.8745$ 73.3682$ Sr. Bldg Inspector 54.7484$ 57.4858$ 60.3601$ 63.3781$ 66.5470$ Building Inspector 49.6584$ 52.1413$ 54.7484$ 57.4858$ 60.3601$ Sr. Engineering Technician 44.0526$ 46.2552$ 48.5680$ 50.9964$ 53.5462$ Recreation Coordinator II 43.5227$ 45.6988$ 47.9837$ 50.3829$ 52.9020$ Social Media / Communication Assistant 41.3790$ 43.4479$ 45.6203$ 47.9013$ 50.2964$ Administrative Assistant II 40.3340$ 42.3507$ 44.4682$ 46.6916$ 49.0262$ Recreation Coordinator I 39.4764$ 41.4502$ 43.5227$ 45.6988$ 47.9837$ Code Enforcement Officer II 39.4086$ 41.3790$ 43.4480$ 45.6204$ 47.9014$ Senior Accounting Specialist 37.1478$ 39.0052$ 40.9555$ 43.0033$ 45.1535$ Administrative Assistant I 36.5841$ 38.4133$ 40.3340$ 42.3507$ 44.4682$ Sr. Comm. Services Officer 35.7448$ 37.5320$ 39.4086$ 41.3790$ 43.4480$ Code Enforcement Officer I 35.7448$ 37.5320$ 39.4086$ 41.3790$ 43.4480$ Accounting Specialist 35.3789$ 37.1478$ 39.0052$ 40.9555$ 43.0033$ Building Services Coordinator 35.3044$ 37.0696$ 38.9231$ 40.8693$ 42.9128$ Police Records Specialist 34.8515$ 36.5941$ 38.4238$ 40.3450$ 42.3622$ Building Permit Technician 34.8515$ 36.5941$ 38.4238$ 40.3450$ 42.3622$ Office Assistant II 32.3380$ 33.9549$ 35.6526$ 37.4352$ 39.3070$ Office Assistant I 29.3315$ 30.7981$
FCPOA
Police Sergeant 68.1757$ 71.5845$ 75.1637$ 78.9219$ 82.8680$ Police Corporal 62.2919$ 65.4065$ 68.6768$ 72.1106$ 75.7161$ Police Dispatch Supervisor 57.2142$ 60.0749$ 63.0786$ 66.2325$ 69.5441$ Police Officer 56.2988$ 59.1137$ 62.0694$ 65.1729$ 68.4315$ Lead Police Dispatcher 52.4087$ 55.0291$ 57.7806$ 60.6696$ 63.7031$ Police Officer Recruit 51.0645$ 53.6177$
Police/Fire Dispatcher 47.5362$ 49.9130$ 52.4087$ 55.0291$ 57.7806$ Hourly / Part-Time / Seasonal
Building Services Coordinator Assistant 19.53$ 20.21$ 20.92$ 21.65$ 22.41$ Recreation Leader III 19.53$ 20.21$ 20.92$ 21.65$ 22.41$ Recreation Leader II 18.22$ 18.86$ 19.51$ 20.20$ 20.92$ Building Serv. Assistant 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Clerical Assistant 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Recreation Leader I 17.00$ 17.60$ 18.21$ 18.85$ 19.51$ Department Intern 17.00$ 30.00$
Videographer 20.00$ 30.00$
Hourly
5.6 Attachment 3 - City/District FY 2023-2024 Pay Plan Effective January 1, 2024
150
Dated: January 16, 2024
FOSTER CITY COUNCIL LIAISONS
(Tentative List, As Proposed by Mayor Sullivan)
POLICY/REGULATORY AGENCIES REPRESENTATIVE/ALTERNATE
1. Airport
Community Roundtable
2. Airport Land Use Committee (ALUC)
3. Association of Bay Area Governments (ABAG)
4. City/County Association of Governments (C/CAG)
5. Council of Cities – City Selection Committee
6. League of California Cities
FOSTER C
ITY ADVISORY COMMITTEES
1. Audit Com
mittee
2. Citizens Sustainability Advisory Committee
3. Parks and Recreation Committee
4. Planning Commission
5. Traffic Review Committee
6. Youth Advisory Committee
OTHER ORGA
NIZATIONS (non-regulatory)
1. Bay Are
a Water Supply and Conservation Agency (BAWSCA)1
2. Chamber of
Commerce
3. Emergency Services Council
4. Joint Powers Authority Fire Board for the
San Mateo Consolidated Fire Department
5. Library Joint Powers Authority
6. Peninsula Clean Energy Authority
7. Peninsula Traffic Congestion Relief Alliance (Commute.org)
8. San Francisco Bay Area Regional Water System Financing Authority (RFA)2
9. San Mateo County Pre-Hospital Emergency Services
Medical Group Joint Powers Authority
10. San Mateo-Foster City Elementary School District
11. San Mateo-Foster City Public Financing Authority (JPFA)
12. San Mateo Union High School District
13. South Bayside Waste Management Authority (SBWMA)
Hindi
Sullivan
Sullivan/Kiesel
Hindi/Jimenez
Sullivan
Sullivan/Froomin
Froomin
Hindi
J
imenez
Sullivan
Kiesel
Sullivan
Hindi
Sullivan/Jimenez
Sullivan/Froomin
Froomin/Sullivan
J
imenez/Sullivan
Hindi/Sullivan
Jimenez/Kiesel
Hindi
Kiesel/Froomin
Jimenez/Sullivan
Sullivan/Jimenez
Kiesel/Jimenez
Sullivan/Kiesel
1 Councilmember Hindi has been appointed as the EMID representative on BAWSCA for a four- year term commencing July 1, 2021 through June 30, 2025
2 Councilmember Hindi has been appointed as the EMID representative on the RFA for a four-year term commencing July 1, 2021 through June 30, 2025
6.1 6.1 Proposed 2024 Council Liaisons List
151
4 5
7 DATE: January 16, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
DEPARTMENT: Parks and Recreation
SUBJECT: RECREATION CENTER REBUILD PROJECT (CIP 301-678) –
PROJECT BUDGET UPDATE
RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the update on the Recreation Center Rebuild Project (Project) budget and provide policy direction on preferred funding options.
EXECUTIVE SUMMARY
At the City Council Regular meeting on September 18, 2023, staff and Group 4 Architecture, Research + Planning, Inc. (“Group 4”) presented to City Council a full schematic design presentation which included an estimate of probable construction costs and a list of bid alternatives with cost information for City Council’s consideration. The City Council accepted the schematic design budget estimate of $63,356,000 for the Project and provided direction on additional project enhancements to be included resulting in an increase to construction estimate by $2,172,000.
In addition, the City Council approved the temporary facilities and transition plan for the Project at the City Council Regular meeting on November 6, 2023, resulting in an increase to the Project budget. When accounting for this increase, the increase to the construction budget estimate with the added Project enhancements, contingency and escalation factors, the current Project budget estimate is $65,943,000.
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7 Following the City Council meeting on September 18, 2023, the City Council directed staff to return to an upcoming meeting to present funding options that would help address the additional funding that the Project would require to address the budget shortfall, which is $10,567,750, the difference between the Project budget appropriation of $55,375,250 and the current Project budget estimate of $65,943,000.
Per the City Council’s direction, staff explored various funding strategies to offset the Project budget shortfall that includes identifying potential revenue sources, realized savings from other capital projects, and the use of funding from capital projects which are recommended to be deferred or eliminated through reprioritization. The report contains various funding options for the City Council’s consideration and staff are seeking direction from the City Council on the preferred funding options to address the Project’s budget shortfall which will inform the FY 2024-2025 budget process that is currently underway.
BACKGROUND
At the City Council Special meeting on January 31, 2022, the City Council proposed to move forward with Recreation Center Rebuild Project (RCRP/Project) with the “build-to- budget” option with a not-to-exceed budget of $55 million by using $36 million from the Capital Asset Acquisition and Replacement Fund (CAAR Fund 326) and $19 million from General Fund 001 Reserves.
At the City Council Regular meeting on March 21, 2022, the City Council adopted City Resolution No. 2022-26 authorizing the appropriation of funds in the amount of $36 million from the Capital Asset Acquisition and Replacement Fund and $19 million from the General Fund Reserves to City CIP Fund 301 for the Project (CIP 301-678) with an approved balance of $55 million for professional design, bidding support and construction of the Project.
On November 21, 2022, the City Council approved an agreement with Group 4 for professional design, bidding, and construction support services for the Project (CIP 301- 678) in the amount of $5,483,957 as well as a contingency in the amount of $650,000.
On March 20, 2023, the City Council approved an agreement with Griffin Structures, Inc. for construction management and support services for the Project (CIP 301-678) in the amount of $1,890,000 as well as a contingency in the amount of $283,500.
On April 17, 2023, the City Council approved the first contract amendment for $74,250 with Group 4 for Boardwalk Master Planning Services for the Project (CIP 301-678) and approved an additional appropriation in the same amount from Fund 301 to the existing Project budget to fund Amendment No. 1.
At the City Council Regular meeting on May 15, 2023, the City Council confirmed: 1) the preferred conceptual two-story building design and site plan with the parking option that extended the exiting parking lot to the north, 2) confirmed alternates for consideration at
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7 the end of schematic design, and 3) received an update on the conceptual design cost estimate and project budget. At this conceptual design milestone, the budget was approximately 5% over the budgeted $42 million for construction and almost 12% for escalation to the midpoint of construction.
At the City Council Regular meeting on September 18, 2023, staff and the Group 4 design team presented to City Council a full schematic design which included a detailed estimate of probable constructions costs, and a list of bid alternatives with cost information for City Council’s consideration. A summary of the City Council’s actions and direction received include:
1) Approval of the schematic design concept for the Project, a two-story building with curved (wing) roof lines, material, and color palette. 2) Approval of the design concept for the Project site/landscape design (public terraces along lagoon and controlled access yards/patios on Shell Boulevard). 3) Accepted construction budget estimate update ($63,356,000) for the Project based on current escalation factors.
4) Requested to add the following options to the project scope and budget (Additional Project enhancements = $1,176,800):
•A2 – Café
•AE1 – Shell Boulevard and Entry Façade Enhancements
•L1 – Expanded Preschool Patio and Playground
•L3a – Bocce Court Expansion
5) Elected to not include the following options to the project scope and budget:
•AE3 – Shell Boulevard and Events Wing Roof Enhancement •L3b – Park Restroom
6) Approval of the following bid alternatives for the Project with the option to award after the project bids are received:
•A1 – Expanded Entry Trellis {first 10’ in base bid}
•A3 – Fitness Room Operable Partition
•L2 – Terrace Wind Break
•AE2 Shell Boulevard Site Enhancements
•E1- Photovoltaic Array Allowance
After the City Council approved the schematic design budget estimate of $63,356,000 for the Project (CIP 301-678) and provided direction on additional enhancements to be included in the Project, the construction budget estimate increased by $2,172,000 or a total of $49,478,300 as indicated in Table 1.
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7 TABLE 1
FOSTER CITY RECREATION CENTER REBUILD UPDATED PER 9/18/23 CITY
COUNCIL
SCHEMATIC DESIGN COST MODEL
Hard Cost* Escalation** Hard Cost* + Escalation**
11.00% 12.50% 11.00% 12.50%
Building & Sitework
Building $33,900,000 $3,729,000 $4,237,500 $37,629,000 $38,137,000 Sitework $8,150,000 $896,500 $1,018,800 $9,046,000 $9,168,800 SUBTOTAL $42,050,000 $4,625,500 $5,256,300 $46,675,500 $47,306,300 * Hard Costs includes direct costs, markups + design contingency **Escalated to mid-point of Construction July 2025 (Construction Sept. 2024 to June 2026)
APPROVED ADDITIONAL PROJECT ENHANCEMENTS
Budget Available
Funding
Additional
Funding Total Increase
Expanded Preschool Patio + Playground
(L1), ERF $70,200 $385,000 $70,200 $314,800 $385,000
Bocce Court Expansion and Improvement
(L3a) CIP 301-655 $925,000 $1,009,000 $925,000 $84,000 $1,009,000 Café Equipment & Space (A2) $428,000 $428,000 $428,000 Shell Blvd + Entry Façade Enhancements
(AE1) $350,000 $350,000 $350,000
SUBTOTAL $1,176,800 $2,172,000
TOTAL CONSTRUCTION BUDGET W/ ADDITIONAL PROJECT ENHANCEMENTS $49,478,300 TABLE 2
FOSTER CITY RECREATION CENTER REBUILD – PROJECT BUDGET
SCHEMATIC DESIGN
2022 PROJECTED ESTIMATE 2023 SCHEMATIC
DESIGN
ESTIMATE
2023 NOVEMBER ESTIMATE
1) 2018 Study + Outreach $242,172 $242,172 $242,172
2) Architecture + Engineering (incl. A+E contingency) $6,208,200 $5,958,207 $5,958,207 3) Surveys (included in 2) $0 $0 $0
4) Environmental $0 $70,000 $70,000
5) Special Inspections + Testing $330,000 $800,553 $835,941 6) Direct Construction Cost $46,200,000 $52,026,875 $54,396,075 a. Building $33,900,000 $34,678,000
b. Site $8,150,000 $9,544,000
c. Escalation $5,256,250 $5,256,250
SUBTOTAL $49,478,300
d. Construction Contingency $4,730,625 $4,917,825
7) Temporary Facilities $210,000 $380,000 $562,000
8) Fixtures, Furnishings, + Equipment (FF+E) $100,000 $1,190,000 $1,190,000 9) Electronic Systems and Special Equipment $0 $115,000 $115,000 10) Construction Management $2,173,500 $2,173,500 $2,173,500 11) Utility Company Connections Services + Fees $100,000 $135,000 $135,000 12) City Fees + Administration $400,000 $102,814 $102,814 13) Soft Cost Contingency $0 $151,777 $162,646
TOTAL $55,964,000 $63,356,000 $65,943,000
6.2 6.2 Staff Report
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7 On November 6, 2023, the City Council approved the temporary facilities and transition plan for the Project which resulted in an increase to the temporary facilities budget line item and to the overall Project budget. When accounting for this increase, the increase to the construction budget estimate with the added Project enhancements, contingency and escalation factors, the Project budget estimate is currently $65,943,000 as indicated in Table 2.
Following the City Council meeting on September 18, 2023, the City Council directed staff to return to an upcoming meeting to present funding options to address the Project budget shortfall.
ANALYSIS
Following the City Council meeting on September 18, 2023, staff explored various funding options to offset the Project budget shortfall that staff estimate is approximately $10,567,750 after the Design Development phase of the Project concluded in December.
The following funding options have been thoughtfully prepared for the City Council’s consideration based on several criteria including current versus future availability of funding, an analysis of currently identified capital improvement projects and possible elimination or reprioritization, and size and type of funding source. It is important to note that deferring the design and construction of a capital project may result in increased costs due to inflation and other market conditions. Staff are seeking direction from the City Council on the preferred funding options to address the Project’s budget shortfall which will inform the FY 2024-2025 budget process which is currently underway.
1.Gilead Foundation Grant ($500,000) – Appropriate grant received from Gilead Foundation to the Project budget intended to help fund the Project’s LEED Silver Certification and the Project’s environmentally sustainability goals. The City received funds, but City Council action is needed to designate and appropriate grant funds to the Project (CIP 301-678).
2.Leo Ryan Park Lawn Conversion & Bocce Court Expansion ($1,009,000) – There are a few options for the City Council to consider concerning this project. At the City Council meeting on September 18, 2023, the City Council took action to add the Bocce Court Expansion project to the Recreation Center project scope and budget. This project was originally identified as a priority in FY 2015-2016 but was placed on hold until the completion of the Recreation Center project. The following strategies can be taken into consideration regarding this funding option:
a) There is currently $895,435 available in the Leo Ryan Park Lawn Conversion and Bocce Court Expansion project (CIP 301-655) fund which helps to reduce the overall Project shortfall by the same amount once these funds are appropriated to the Project (CIP 301-678). b) Eliminate the Bocce Court Expansion project scope and budget from Project (CIP 301-678) which reduces the Project budget shortfall by $1,009,000. This action does not eliminate the Bocce Court Expansion for
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7 the future or the available funds to complete it. The Bocce Court Expansion is currently planned as a bid alternate for the Project. c) Eliminate the Bocce Court Expansion project scope and budget from the Project (CIP 301-678) reducing the Project shortfall by $1,009,000 AND appropriate the funds from (CIP 301-655) to the RCRP/Project further reducing the Project shortfall by an additional $895,435.
3.Levee Project General Fund Appropriation ($5 million) – The City Council committed to fund up to $10 million of the Levee project costs above the $90 million authorized by Measure P. In March 2023, the City Council authorized the release of $5 million of these funds for the Levee project, leaving a remaining balance of $5 million. The remaining unused $5 million levee funds can be appropriated to the Project (CIP 301-678).
4.Sea Cloud Maintenance Shed ($2,300,000) – Eliminate the Sea Cloud Maintenance Shed project (CIP 301-714) which is partially funded this fiscal year ($300,000) for design with construction planned in FY 2024-2025 when full funding is anticipated. The maintenance shed serves as the primary storage for the Parks and Recreation Department for light and heavy park maintenance equipment, a staff work area, and storage space for sports user groups. Due to limited staff capacity to complete the project this year, staff recommends that a building investigation and useful life assessment be completed to determine if or when a building replacement is needed and/or alternatives for both the City and sports user group storage.
5.East Hillsdale and Foster City Boulevard Median Refurbishment ($500,000) – Eliminate project which was scheduled to be funded and completed in FY 2024- 2025 and appropriate funding in the amount of $500,000 to the Project (CIP 301- 678). The project was intended to replace outdated and poor irrigation infrastructure as well as landscaping. There is no immediate need to complete this project and staff believe a significant amount of the work could be completed in- house and phased in over time.
6.Amphitheater Shade Structure ($1 million) – Eliminate project which was scheduled to be funded and completed in FY 2025-2026 to coincide with the opening of the new Recreation Center and appropriate the amount of $1 million to the Project (CIP 301-678). The project was expected to be a significant enhancement to the City’s amphitheater in Leo Ryan Park which is used for numerous community events and festivals throughout the year. Staff recommends the project be eliminated and concept considered during the City’s Parks Master Plan process which will help prioritize all City park improvement needs and the limited City resources that are available.
7.Park Impact Fees for Gilead Building at 331 Lakeside Drive ($594,000) – Staff anticipate collection of Park Impact fees in FY 2023-2024 for the new Gilead building at 331 Lakeside Drive in the amount of $594,000. Upon receipt of these
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7 fees, City Council approval of an appropriation of these fees for the Project (CIP 301-678) will be needed. New Development Impact Fees were adopted by the City Council on June 20, 2022, per City Resolution No. 2022-75 and Ordinance 650. The fees collected are intended to provide for new park facility improvements, walkway and trail improvements, and recreation facilities. The new recreation center facility was included as part of the Foster City Comprehensive Development Impact Fee Nexus Study that was completed in May 2022.
TABLE 3
Summary of RCRP/Project Funding Options with Bocce Court Expansion Included
No. Funding Source Description FY Amount
1 Gilead Foundation Grant 23-24 $ 500,000
2 Appropriating Bocce Court Expansion Funding
(CIP 301-655)
23-24 $ 895,435
3 Appropriate remaining $5 million of
contingency funding for the Levee Project to
the Project (CIP 301-678)
23-24 $ 5,000,000
4 Park Impact Fees for Gilead 331 Lakeside
Drive
23-24 $ 594,000
TOTAL AVAILABLE FUNDING $ 6,989,435
5 Eliminate Sea Cloud Maintenance Shed (CIP
301-714)
24-25 $ 2,300,000
6 Eliminate East Hilldale and Foster City Blvd.
Medians
24-25 $ 500,000
7 Eliminate Amphitheater Shade Structure 25-26 $ 1,000,000 TOTAL FUTURE FUNDING $ 3,800,000
TOTAL FUNDING (CURRENT + FUTURE) $10,789,435
As noted previously, eliminating the Bocce Court Expansion from the scope of the Project would reduce the overall Project Budget Estimate from $65,943,000 to $64,934,000 and the Budget Shortfall would reduce from $10,567,750 to $9,558,750. Additionally, appropriating the currently available $895,435 from the Bocce Court Expansion Project (CIP 301-655) would further reduce the Project Budget Shortfall from $9,558,750 to $8,663,315. If the City Council were to direct staff to move forward with removing the Bocce Court Expansion from the scope of the Project and appropriate funds from CIP 301-655, then one or more of the future CIP projects identified in the table above need not be eliminated.
Staff would also like to note that impact fee funds from future development projects may be used to offset the costs of the Project.
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7 Capital Asset Acquisition and Replacement Fund (CAAR Fund 326) In addition to the funding proposals above, there is currently a balance of $3.38 million in the City’s Capital Asset Acquisition and Replacement Fund. As was discussed, the City Council took action to fund the Project with $36 million from CAAR Fund 326 and $19 million from General Fund 001 Reserves for a total of $55 million. Use of the CAAR funds requires a resolution and 4/5 majority of the City Council to approve. In recent years the CAAR fund has been used to help fund the development of workforce housing from which the City receives revenue through rents. Options the City Council may consider concerning the CAAR Fund may include the following:
1. Take no action.
2. Use some or all the CAAR funds ($3.38 million) towards the Project (CIP 301- 678) in lieu of using the entire $19 million in General Fund 001 Reserves.
3. Use some or all the CAAR funds ($3.38 million) towards the Project (CIP 301- 678) instead of using one or more of the funding options discussed above in Table 3.
Staff recommends the City Council provide policy direction on the funding options provided which will help inform the City’s budget process for FY 2024-2025 which is currently underway. The City Council may also direct staff to return to a future City Council meeting to provide additional information on either the proposed options or provide additional funding options to consider.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
This update to receive and accept the report by staff on the Project budget for the Recreation Center Rebuild Project (RCRP/Project) is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15262 as it is being undertaken for the purposes of determining feasibility for future actions relating to the Project. Additionally, it is exempt under the “common sense” exception pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that this action to receive and accept the report and provide confirmation of direction to staff may be a significant effect on the environment.
Additionally, on November 16, 2023, the Planning Commission of City of Foster City adopted two resolutions (Resolution Nos. P-19-23 AND P-20-23) to approve Initial Study and Mitigated Negative Declaration (IS/MND) for the Recreation Center Rebuild Project and issued the Use Permit for the proposed demolition and rebuild of the project itself.
FISCAL IMPACT
The current Project budget estimate including contingency and escalation factors is $65,943,000. The current projected budget exceeds the Project budget appropriation by 16% or $10,568,750. Based on Council discussion of the funding options discussed
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7 above and direction provided at the January 16th meeting, staff will bring forward a future item for Council action.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS
None
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5 DATE: January 16, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
DEPARTMENT: Parks and Recreation
SUBJECT: REVIEW AND ACCEPT THE CITY OF FOSTER CITY’S AGE- FRIENDLY CITY INITIATIVE THREE (3) YEAR ACTION PLAN
RECOMMENDATION
It is recommended that the City Council, by Minute Order, consider and accept the progress update on the City’s Age-Friendly City (AFC) Initiative and accept the three (3) year action plan that was developed. This action supports Foster City's initiative in joining the World Health Organization's Age-Friendly Global Network.
EXECUTIVE SUMMARY
At the City Council Regular meeting on November 16, 2020, the City Council supported and approved Foster City’s initiative in joining the World Health Organization’s (WHO) Age-Friendly Global Network and authorizing the submittal of an application and letter to the Association of Retired Persons (AARP).
The City’s application was submitted and accepted by AARP/WHO in 2020-2021, indicating Foster City’s commitment to assess the age friendliness of our community and to create an action plan to make the city more livable for people of all ages.
At the City Council Regular meeting on June 5, 2023, the Council authorized an agreement with consultant, Rachel Bell, to assist staff with the development of Foster City’s AFC Initiative Action Plan. Ms. Bell, with the support of staff and partnering organizations, developed an Action Plan aiming to address a few of the unmet needs of older adults as it relates to the eight (8) domains of age-friendly communities and as
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5 identified by community members throughout the initial process. In November 2023, AARP reviewed and approved a submitted draft of Foster City’s AFC Initiative Action Plan.
The Foster City AFC Initiative Action Plan helps prepare the City for its aging population by gathering input from the community and pulling together public and private organization partners, resources, and strategies to address any issues that may arise. Over the next three years, the Action Plan will be used as a guideline as the City continues to build on what is already occurring in the community as well as provide recommendations on how to improve impacts and address gaps.
Staff is seeking the City Council’s acceptance of the City’s AFC Initiative Action Plan.
BACKGROUND
The World Health Organization's Global Network of Age-Friendly Cities offers opportunities for communities to address their aging population in a positive and inclusive way. The program provides resources to help communities actively help people live more comfortably in their homes and communities as well as encourages older residents to take an active role and have their voices heard. Being designated as an Age-Friendly Community through the WHO demonstrates that Foster City is dedicated to providing places for older adults to be engaged and that the community provides social opportunities and services that ensure older adults thrive and feel part of the community.
The eight (8) Domains of Age-Friendly Communities according to AARP are:
1. Outdoor Spaces and Buildings
2. Transportation
3. Housing
4. Social Participation
5. Respect and Social Inclusion
6. Work and Civic Engagement
7. Communication and Information
8. Community and Health Services
Foster City’s AFC Initiative began with an introductory report to the City Council at their regular meeting on July 6, 2020. This was the kick-off for the work the City began with the County of San Mateo and Center for Age-Friendly Excellence (CAFE). This work resulted in the formation of an ad-hoc Age-Friendly Community Task Force who led the initiative by hosting several focus group meetings and one-on-one surveys which culminated in the development project goals.
At the City Council Regular meeting on November 16, 2020, the Council passed City Resolution No. 2020-117 supporting Foster City’s initiative in joining the WHO Age- Friendly Global Network and authorizing the submittal of an application and letter to the
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5 2
5 AARP with the Mayor as the designated signatory on behalf of the City.
In 2021, the City’s application to become a designated Age-Friendly City was accepted by AARP/WHO. However due to several management and personnel changes within the Foster City organization and the effects of COVID-19, further work on the City’s AFC initiative was paused.
In Fiscal Year 2022-2023, staff pursued additional resources and collaborated with other community organizations and partners to continue the City’s AFC Initiative. At the City Council Regular meeting on June 5, 2023, the City Council authorized an agreement with consultant, Ms. Rachel Bell, to assist staff with the development of Foster City’s AFC Initiative Action Plan. Ms. Bell has also assisted the following cities with development of their Age-Friendly Initiative Action Plans: City of Berkeley, the City of Fremont, the City of Redwood City, the City of San Mateo, and the County of Santa Clara.
ANALYSIS
The objectives of the AFC Initiative closely align with the goals of the City of Foster City. The City’s commitment is to cultivate public services that residents desire and appreciate, run an exceptional and sustainable local government, foster a sought-after and lively community for both residents and businesses, both now and in the future.
Additionally, the City is dedicated to investing appropriately to ensure the safety of our community, for all individuals. The City of Foster City is unwavering in its dedication to health, wellness, lifelong education, and overall quality of life for our older adult residents.
The Foster City AFC Initiative Action Plan helps prepare the City for its aging population by gathering input from the community and pulling together public and private organization partners, resources, and strategies to address any issues that may arise. The Action Plan is informed by the Age-Friendly Task Force's prior efforts, incorporating insights from focus groups, surveys, and interviews, along with updated information from staff and partnering organizations.
The Action Plan is designed to help build on what is already occurring in the community and provide recommendations on how to improve impacts and address gaps. While each of the eight (8) domains identified within the Age-Friendly framework holds significance, community feedback highlighted four (4) common themes that will be the focal points over the next few years:
•Volunteer and employment opportunities
•Access to information about services and activities
•Connecting isolated community members
•Organizing ongoing Age-Friendly efforts
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5 Following the AARP/WHO's process, the Foster City AFC Initiative Action Plan underwent a thorough review and received final approval from AARP in November 2023. In addition, members of the Foster City Parks and Recreation Citizen Advisory Committee also reviewed and discussed the plan at their regular meeting on December 5, 2023. The next phase in this multi-year process involves the implementation of the Action Plan over the next three years, with a progress report scheduled for submission to AARP/WHO in 2029.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable
FISCAL IMPACT
There is no fiscal impact in accepting the AFC Initiative Three (3) Year Action Plan.
However, there may be Action Plan recommendations that may have policy and program considerations which may result in a fiscal impact to the City. Any proposed changes would be brought back to the City Council separately for their consideration and approval and/or through the City’s annual budget process.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure, Operational Excellence and Social Equity
ATTACHMENTS
Attachment 1 – Foster City Age-Friendly City Initiative Action Plan
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2024-2027
AGE-FRIENDLY
FOSTER CITY
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Senior Trip to Garre Vineyards in Livermore, CA.
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Age-Friendly Initiative
02. Table of Contents
AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027 01
CONTENTS
Letter from the Mayor
04. City Profile
05. Domains of Livability
06. Action Steps
14. Acknowledgements
16. 7.1
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Transportation
Housing
Social Participation
Respect & Inclusion
Civic Participation & Employment
Public Spaces
Health & Community Services
Communication & Information
There are currently over 700 Age-Friendly
Communities in the US recognized by AARP. To join
the Age-Friendly Network, local governments
commit to completing an assessment and working
towards making improvements for older residents
in key domains of community life:
Foster City joined AARP's Age-Friendly Communities
network in 2020 with support from the Center for
Age Friendly Excellence (CAFE). This report marks
the next phase of the project in which the City will
work towards addressing the needs identified in the
assessment phase.
Four priorities that were identified by residents and
community leaders are outlined on the next page.
AGE-FRIENDLY
INITIATIVE
Age-Friendly Communities are
actively working towards inclusive
infrastructure, policies, and programs
that support residents of all ages.
02 AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
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03AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
FOCUS AREAS
Volunteer &EmploymentOpportunities
Access to informationabout services &activities
Connecting isolatedcommunitymembers
Organizingongoing Age-Friendly efforts
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04 AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
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33,511
Part of what inspired the Age-Friendly Communities initiative is the rapidly growing older adult population around the world. Foster City's population is projected to follow these trends.
05 CITY PROFILE
AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
Total Population > 1 in 5 residents is 60+
37.4%
Of the population age 60+ in Foster City...
live alone
50.7%
have a Bachelor's
degree or higher
7.8%
are veterans
28.4%
are employed
21.9%
speak English less
than "very well"
58.7%
of renter's pay >30%
of income on rent
American Community Survey 2021 5-Year Estimates Table S0102
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Vision: People of all ages can easily navigate the
City, regardless of their mode of transportation.
PJCC's Get Up and Go Program
Program Highlight
TRANSPORTATION
06 Challenges
Assets
AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
The Peninsula Jewish Community Center (PJCC)
manages the free Get Up and Go transportation
program for non-driving older adults that need
assistance traveling to appointments or running
errands in order to continue living safely and
comfortably at home. The program operates
Monday - Friday and is supported by volunteer
drivers and Section 5310 funding. The City of Foster
City collaborates with PJCC by referring clients and
providing support on grant applications.
Foster City Village offers members rides to
appointments, errands, and social activities with
volunteer drivers.
As a newer, planned city, many sidewalks are in good
condition and are designed better than in
neighboring cities.
SamTrans offers discounted fares for passengers 65
years old and up.
PJCC's Get Up and Go Program (see below).
Focus group participants felt that public
transportation options were not convenient enough
to be useful (frequency, locations, speed)
Focus groups felt that there wasn't enough widely
available information about transportation options,
especially for those without computer access.
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Vision: A variety of safe housing options meet
resident's accessibility and affordability needs.
Foster City Village In-Home Support
Program Highlight
HOUSING
07 Challenges
Assets
AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
Foster City Village, a local nonprofit organization,
offers volunteer support that helps older adult
members remain in their homes and
communities for as long as possible. For
example, the Village offers handyman services,
organization help, gardening, and regular phone
check-ins. The Village has received grant support
through City Council’s annual nonprofit funding
program and utilizes office and programming
space in city facilities.
Metro Center Senior Homes and Alma Point at Foster
Square have 125 affordable housing units reserved
for adults age 62 and over.
HIP Housing manages 500+ units of affordable
housing in the County and runs a home sharing
program to facilitate shared room and ADU rentals.
The City of Foster City maintains a website that
provides Below Market Rate Housing resources.
The County’s new Doorway Housing Portal website
makes it easier to apply to affordable rentals.
Foster City Village In-Home Support (see below).
All focus groups identified the high cost of housing
and lack of affordable options as a major concern.
Affordable housing options in Foster City have years-
long waitlists.
There are very limited options for in-home care and
assisted living facilities in Foster City.
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Vision: People of all ages have the opportunity to
engage in community life.
Parks and Recreation Senior Programs
Program Highlight
The Foster City Parks and Recreation Department has
a dedicated space for seniors in the Recreation Center
where older adults can participate in a variety of
programs including drop-in games and activities, art,
exercise classes, a "55+ Club," and free movie
screenings. The Recreation Center also serves as a
hub for information about senior services such as
nutrition support, resource hotlines, health
information, and senior housing.
SOCIAL PARTICIPATION
08 Challenges
Assets The San Mateo County Library offers a variety of in- person and online lectures, classes, book clubs, and
music events.
Foster City Village has been operating since 2013 to
provide older adult members with social connection
and support.
Parks and Recreation Senior Programs (see below).
AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
Public events, such as summer concerts, can be
difficult for older adults to attend due to limited
accessible parking and alternative transit options.
Many older adults continue to feel uncomfortable
participating in large indoor group settings after the
COVID-19 pandemic.
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Vision: All members of the community feel
welcome and valued.
Program Highlight
RESPECT & INCLUSION
09 Challenges
Assets
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Focus group participants expressed interest in more
opportunities to connect with younger people in the
community.
Focus groups felt that there are more opportunities
for the City to engage its diverse religious, cultural, and ethnic groups in community events.
San Mateo Adult & Career Education Partnership
The San Mateo Adult & Career Education School
partners with the Foster City Recreation Center to
expand the art and health classes available to older
adults at the Center. In addition to specific
programming for life-long learning, targeting older
students, the school also offers affordable career
development, language, and GED classes online and
in-person for people of all ages to participate in
together.
The Parks and Recreation Department has
developed a variety of robust community
partnerships that support and promote their aging
services programming including the Foster City
Rotary Club, Foster City Village, The San Mateo Adult
School, and the San Mateo County Library System
(see below).
Meals on Wheels through Peninsula Volunteers, Inc.,
delivers hot meals to the home of persons age 60 or
over who are homebound and unable to shop and
prepare their own meals.
Samaritan House, a recipient of the City’s non-profit
funding allocation program, provides a variety of
health and social services to the community.
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Vision: There are opportunities for all residents to
contribute through paid and volunteer work.
Program Highlight
CIVIC PARTICIPATION & EMPLOYMENT
10 Challenges
Assets The Public Works Department conducted focus
groups, including one specifically for older adults,
when planning the new Recreation Center that will
begin construction in 2024.
The City has volunteer opportunities in Parks and
Recreation, Police, Fire, and the City Clerk's office.
SMC AAA Community Assessment Survey (see below).
The City hosted a Civics Academy where residents had
the opportunity to learn more about local government
through a free seven-week program.
AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
Foster City has a Youth Advisory Committee, but no
specific advisory committee for older adults to
participate in.
Focus group participants expressed interest in more
opportunities for retirees to volunteer their
professional skills.
San Mateo County AAA Community Assessment Survey
In 2023, Area Agencies on Aging (AAA) across the state
of California are implementing the same needs
assessment survey. In San Mateo County, 3,200
residents age 55+ were randomly selected to receive
the survey in the mail, which has been translated into
seven languages and can be filled out online or on
paper. The results of the survey will be used to
develop the San Mateo County AAA 2024-2028 Area
Plan and to ensure state programming aligns with
community needs.
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Vision: All residents feel informed about local
services, programs, and activities.
SMC Emergency Advice Line for Aging & Older Adults
Program Highlight
San Mateo County offers a 24-hour hotline (1-800-675-
8437) staffed by social workers and public health
nurses that older adults, caregivers, and people with
disabilities can call to access information and
resources. Callers receive referrals to service options and in emergency situations, shelter, food, and in-
home services can be provided until a long-term
solution is found to ensure health and safety.
However, based on focus group responses, this service
could be advertised more widely.
COMMUNICATION & INFORMATION
11 Challenges
Assets The Parks and Recreation Department publishes a
quarterly Senior Programs newsletter, hosts
educational seminars, maintains a Senior Programs
webpage, and regularly distributes materials
highlighting local resources for older adults. Partners with AARP to provide free one-on-one tax assistance.
The Communications Division utilizes online media,
news outlets, printed materials, FCTV, and events.
Emergency Advice Line for Older Adults (see below).
AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
Focus groups participants said they didn’t know
where to go to get reliable information about
services.
Focus group participants felt too much information is
only available online and they would prefer to
receive more information in the mail.
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Vision: There are convenient resources available to
help residents stay happy and healthy.
Free Groceries at the Foster City Recreation Center
Program Highlight
COMMUNITY & HEALTH SERVICES
12 Challenges
Assets
The Foster City Police Department works directly
with Adult Protective Services (APS) to ensure
appropriate referrals are made.
The Parks and Recreation Department partners with
the local Rotary Club to offer monthly $5 healthy,
social lunches for older adults.
Samaritan House, a recipient of the City’s non-profit
funding allocation program, provides a variety of
services such as free clinics and food assistance
programs.
Free groceries at the Recreation Center (see below).
AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
Second Harvest Food Bank provides pre-boxed
groceries every first and third Friday at the Foster
City Recreation Center. Boxes include healthy
staples like milk, produce, chicken, eggs, and
bread. Older adults who are Foster City residents
can pick up groceries twice a month, or have a
caregiver or friend pick them up. Participants in
the Center's service clubs often volunteer to help
distribute the food alongside other volunteers
from local businesses.
Focus groups felt that, especially following the
isolation of the COVID-19 pandemic, more mental
health resources are needed specifically or older
people.
Focus groups felt that a lack of transportation to
medical appointments is a major barrier to receiving
health care.
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Vision: City spaces, such as parks and public
buildings, are accessible and inviting.
ADA Transition Planning
Program Highlight
The Public Works Department is in the process of
making an Americans with Disabilities Act (ADA)
Transition Plan. This will involve an extensive
evaluation of all current City programs and buildings
to inform the development of a plan to improve. As
part of this process, there will be a City-wide survey
that residents can fill out to provide input on the plan.
In addition to online promotion, paper copies of the
surveys will be available at City facilities so that access to technology is not a barrier to participation.
PUBLIC SPACES
13 Challenges
Assets All furniture in the Senior Wing of the Recreation Center was chosen with comfort and accessibility for
older adults in mind.
The Public Library is installing new outdoor furniture
to provide a space for the community to enjoy.
Residents can submit non-emergency issues through
the Foster City Access app.
ADA Transition Planning (see below).
AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
Focus group participants expressed interest in more
outdoor seating in public parks to enable social
gatherings.
Focus groups felt that paths should be wider to
safely accommodate pedestrians walking both
directions and bicycles.
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14 Focus Area Activities/Projects
Organizing
ongoing Age-
Friendly efforts
Make sure all City departments are aware of the
Age-Friendly initiative.
Provide annual updates at City Council, Citizen
Advisory Committee, Interdepartmental Evaluation
Committee, and Executive Staff meetings.
Meet with the County’s Age-Friendly Coordinating
group to discuss opportunities to collaborate,
secure funds, and find a County-wide AF
coordinator through a paid position, AmeriCorps
volunteers, or Encore Fellows.
Research how other Age-Friendly Communities
have planned to support and sustain their
initiatives.
Access to
information about
services &
activities
Reevaluate the use of existing communication
channels.
Identify strategies to improve access to information
about services and opportunities for older adults.
Reach out to non-profit and community
organizations that provide services and support to
older adults to find ways to increase awareness of
their services and share information through their
communication channels.
Organize programming to bring these resources
together for in-person information exchange.
On the “Community” page of the City website, add a
link to a dedicated resource page for older adults.
Foster City's assessment process identified the following four areas as priorities for the next three years.
ACTION STEPS
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15 Focus Area Activities/Projects
Connecting
isolated
community
members
Research best practices in the Respect & Social
Inclusion domain from other Age-Friendly Cities.
Identify strategies to address social isolation,
recognize Foster City’s accomplished elders, and
identify ways to foster greater intergenerational
connection.
Implement strategies identified.
Volunteer &
Employment
Opportunities
Recruit a working committee of interested
community members that will focus on identifying
and implementing strategies to provide easier
access to current volunteer and employment
opportunities.
Explore the feasibility of enhancing existing
programs to fill in gaps within City senior services.
Evaluate the feasibility of expanding the volunteer
program beyond the City organization to network
with other volunteer programs in our community
and throughout the County.
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Senior Meals Program, Foster City Recreation Center
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ACKNOWLEDGEMENTS
Age-Friendly Foster City Task Force
Sam Hindi, Councilmember, Foster City Council
Dante Hall, former Acting City Manager
Jennifer Phan, former Principal Analyst, City Manager
Jennifer Liu, former Director of Parks and Recreation
Deborah Owdom, former Chair, Parks and Recreation
Citizen’s Advisory Committee (PRC)
Steve Okamoto, Resident, Former Council and PRC
Member
Amit Saini, Resident, Former PRC member
Ray Rosenthal, Resident, Lions Club
Patricia Player-Maxwell, Resident, Founder – Foster City Village, Rotary Club
Julie Paping, former City of Foster City HR Analyst
Foster City Parks and Recreation Citizen Advisory Committee Foster City 55+ Club
Foster City Council
Foster City Staff
Foster City Village
San Mateo Adult & Career Education School
Peninsula Jewish Community Center (PJCC)
San Mateo County Libraries
Center for Age-Friendly Excellence (CAFE)
We thank you for your support in our efforts to make
Foster City a livable community for residents of all ages.
This project is being led by the Foster City Parks &
Recreation Department, but would not be
possible without the support of our partners:
CONTACT
Foster City Parks &
Recreation
650 Shell Blvd.
Foster City, CA 94404
www.fostercity.org
[email protected]
650-286-3390
0917AGE-FRIENDLY FOSTER CITY | ACTION PLAN 2024-2027
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DATE: January 16, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Benjamin L. Stock, City Attorney
DEPARTMENT: City Attorney
SUBJECT: ORDINANCE REPEALING AND REPLACING CHAPTER 6.04, “ANIMAL CONTROL” OF TITLE 6 TO CLARIFY EXISTING
DEFINITIONS, ENACT ADDITIONAL REQUIREMENTS FOR
ANIMAL CONTROL, AND REVISE ANIMAL CONTROL SERVICE
FEES
RECOMMENDATION
It is recommended that the City Council introduce by title only and waive further reading of an Ordinance Repealing and Replacing Chapter 6.04, “Animal Control” of Title 6 of the Foster City Municipal Code (FCMC) to clarify existing definitions, enact additional requirements for animal control, and revise animal control service fees; and find introduction of Ordinance exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule Exemption).
EXECUTIVE SUMMARY
The City of Foster City, along with the 19 other cities in San Mateo County, contract with the County for the facilitation and coordination of Animal Control Services. Animal Control has been one of the longest running regional/shared services in San Mateo County. The County contracts with Peninsula Humane Society (PHS) and the Society for the Prevention of Cruelty to Animals (SPCA) for animal control field and sheltering service. On June 7, 2021, the City Council adopted City Resolution No. 2021-78, which approved an Animal Control Agreement between San Mateo County and the various cities within San Mateo County for continued services. The Agreement requires, among
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other things, that each City adopt and maintain animal control ordinance(s) which are substantially the same as the San Mateo County Ordinance.
The County and PHS began working with a committee of five City Attorneys from five different cities in late 2021 to update the current animal control regulations. The committee of stakeholders identified opportunities to clarify existing language, remove repetitive language, and add substantive changes to the existing ordinance, with an emphasis on increasing efficiency in enforcement, clarifying language deemed confusing, and addressing inevitable shortfalls that had emerged after years of experience and enforcement under the current Chapter 6.04 of the County Code.
The intent of the revised Chapter 6.04 is enhanced enforceability, streamlined processes, clarity in definitions, and above all else, public safety. The County worked with various cities over the last year to review and prepare amendments to the County’s Animal Control regulations. As part of the development process, a comprehensive study of other jurisdictions within California was undertaken and, in some cases, feedback was sought from those jurisdictions on how certain elements worked or did not work. The County carefully considered input from all relevant sources (including the Cities within the County) in order to draft a proposed Ordinance which reflects the interests of all stakeholders.
On December 12, 2023, the San Mateo County Board of Supervisors introduced an ordinance repealing and replacing Chapter 6.04 of the San Mateo County Ordinance Code containing regulations regarding animal control in unincorporated San Mateo County. The Board of Supervisors adopted the ordinance on January 9, 2024.
Staff has prepared a proposed Ordinance for Council’s consideration that is substantially the same as the San Mateo County Ordinance and would replace the existing Chapter 6.04, which governs animal licensing, vaccinations, and dangerous and vicious animal designation and prohibited conduct (Attachment 1).
BACKGROUND/ANALYSIS
The following are the key provisions of the proposed Ordinance:
•Updates existing definitions to improve enforcement capabilities and remove potential areas of confusion, particularly as relates to “Dangerous” and “Vicious” animal designations within the County.
•Lowers the rabies vaccination age requirement as consistent with current State law.
•Updates language and enforcement regarding “Vicious” animals. An animal designated as “Vicious” is, in many circumstances, to be humanely euthanized. The proposed code raises the threshold for when an animal may be declared “Vicious” (and thus is to be euthanized) as is consistent with current standards and practical enforcement. For offending animals deemed
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a significant danger to the public, a “Vicious” animal designation is still applicable.
•Updates language and enforcement regarding “Dangerous” animals. An animal designated as “Dangerous” is one which has exhibited behavior which indicates that heightened safety requirements for the keeping of such animal are required to ensure public protection. The proposed revised Chapter 6.04 revises and clarifies the threshold for when an animal may be designated as “Dangerous.” Currently, a Dangerous animal designation remains for the life of the animal; under the proposed revisions, an owner may apply for the designation to be lifted after a period of three (3) years if it has been safely maintained under the permit, removing the need for County oversight and enforcement. The Program Manager has found that most animals deemed “Dangerous” (about 90%) do not re-offend, and that the lifting of designations for animals deemed no longer a danger to the public is consistent with other jurisdictions, as well as state recommendations under the California Food and Agriculture Code.
•Removes language indicating that an animal owner may not maintain a “Dangerous” animal in a home with a juvenile person under the age of eighteen (18). The committee could not find any other jurisdiction that had this restriction in an ordinance and is not aware of any instance in which it had actually improved public safety or in which it was enforceable. •Revises and updates the fee schedule and further clarifies the offenses for which administrative citations may be issued for violations of the Chapter.
While there are too many revisions to the existing Foster City Municipal Code Chapter
6.04 to provide a redline comparison of the existing regulations and the proposed Ordinance, there are some provisions in the City’s current Chapter 6.04 that are not included in the proposed Ordinance that are highlighted below.
1. Current FCMC section 6.04.070, subsections (F) and (H) – these various subsections prohibit certain conduct:
•Causing or Permitting an animal to enter any place of business wherein food or meat, or vegetables of any kind are kept for sale or sold for human consumption;
•Permitting a dog or cat to discharge such animal’s excreta on any public or private property other than the property of the owner of any dog or cat, if such owner, keeper or walker does not immediately thereafter remove and clean up such animal excreta from the public or private property.
2. Current FCMC Section 6.04.320 – This section prohibits the keeping of any fowl, reptile or animal which normally lives in a wild habitat and is a curiosity to the local community, whether wild or domesticated at the time of its keeping or domestic fowl.
3. Current FCMC Section 6.04.330 – This section specifies that not more than two dogs and two cats of more than six months of age, the offspring of dogs and cats of the household up to the age of six months; and other household pets which are not kept outside may be kept within the City.
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4. Current FCMC Section 6.04.380 – This section specifies the requirements pertaining to a pet’s housing structure and requires, among other things, that the structure not exceed eight feet in height and be located so that its nearest point is twenty feet or more distant from any dwelling, excluding that of the permittee, except as the permit may otherwise provide. Staff has reviewed the language in current FCMC sections 6.04.070(F) and (H), and 6.04.380 and believes that these provisions are either addressed through other sections of the Municipal Code (e.g., Chapter 9.52-Property Maintenance) or other State laws or are violations that would be difficult to enforce and therefore staff does not recommend that these provisions be maintained in the City’s Code.
With regard to current FCMC sections 6.04.320 and 6.04.330, staff is recommending keeping these provisions but amending the language to specify that hives for bees are permitted in the City and any other pet that is not a prohibited animal. This new proposed language can be found in sections 6.04.400 and 6.04.410 of the proposed Ordinance. The City Council previously amended Chapter 6.04 in September, 2021 to remove beekeeping as a prohibited activity. Alternatively, the City Council could choose to adopt the County’s Chapter 6.08 regarding exotic animals by reference (Attachment 4), which defines certain types of animals such as hawks, bats, lions, etc. as an “exotic animal” and requires a permit for the keeping of said animal and revise staff’s proposed language regarding permitted animals.
The County expects that all cities in San Mateo County will adopt the proposed Ordinance in January and February and will be able to begin enforcing the new provisions by March/April, 2024.
California Environmental Quality Act
The Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
FISCAL IMPACT
There is no direct fiscal impact to the City in adopting the proposed Ordinance.
However, the proposed Ordinance includes updated License Fees. The fee increase will not cover the entire costs of service but will help offset some of the costs of implementing the program for each city. The County has prepared a fee analysis for each City (Attachment 2). These new fees will be incorporated into the City’s Master Fee Schedule when it is next updated but the County will be able to impose these new
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fees once the proposed Ordinance becomes effective.
The City budgeted $200,461 for Animal Control Services for Fiscal Year 2022-2023 and $192,817 for Fiscal Year 2023-2024.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS:
Attachment 1 – Proposed Ordinance
Attachment 2 – Estimated Fee Increase Analysis prepared by County Attachment 3 – Current FCMC Chapter 6.04
Attachment 4 – County Code Chapter 6.08-Exotic Animals
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3 ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF FOSTER CITY REPEALING AND REPLACING CHAPTER 6.04 (ANIMAL CONTROL) OF TITLE 6 OF THE FOSTER CITY MUNICIPAL
CODE TO CLARIFY EXISTING DEFINITIONS, ENACT ADDITIONAL REQUIREMENTS
FOR ANIMAL CONTROL, AND REVISE ANIMAL CONTROL SERVICE FEES
CITY OF FOSTER CITY
The City Council of the City of Foster City does ORDAIN as follows:
SECTION 1. Chapter 6.04 of the Foster City Municipal Code is hereby repealed, and a new Chapter 6.04 is hereby adopted, to be entitled and numbered and to read as follows:
CHAPTER 6.04 ANIMAL CONTROL
6.04.010 – Definitions
The following words and phrases, when used in this Chapter shall have the meaning set forth below:
"Animal Control Officer" – any Person designated as the Animal Control Program Manager for the County, as well as the head of the County’s animal control contractor and their duly authorized officers or deputies. In the event the County has no animal control contractor to provide animal control officers, or in cases of emergency in which additional animal control officers are needed, “animal control officer(s)” may include Persons so designated by the Animal Control Manager.
"Animal Control Program" – that program established by the County and participating cities, and the Program’s animal control contractor(s), if any, which contractor is specifically charged with regulating and enforcing laws dealing with animal control within the participating jurisdictions. Animal Control Program includes the Licensing Program.
"Animal Control Program Manager" – that Person employed by the County to oversee the Animal Control Program or designee.
"Animal Control Shelter" – A San Mateo County facility operated by the County, or by another public entity, an accredited, tax-exempt humane non-profit organization contracted with the County, or a for-profit business contracted with the County for the purpose of impounding, sheltering, adopting, or euthanizing seized, stray, distressed, homeless, abandoned, or unwanted animals. “Caretaker” – any Person 18 years of age, or older, who has assumed responsibility for the care, custody, or control of an animal(s).
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3 “County” – the County of San Mateo
"Dangerous Animal" – any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, that constitutes a danger to Persons or animals, and/or demonstrates any of the following behavior(s):
(a) behavior that results in bodily harm that is less serious than a “Severe Injury”, or constitutes a substantial threat of bodily harm to a Person; or (b) an attack on another animal which results in an injury that is sufficient to require veterinary care even if not received.
An animal which has been declared by an out of this County jurisdiction as "potentially dangerous," "dangerous," "vicious," or any other similar designation, may be deemed a Dangerous or Vicious animal for the purposes of this Chapter, as determined by an Animal Control Officer.
“Health Officer” – that Person so designated by the County of San Mateo. “Humane Officer” – any Person who is qualified and appointed pursuant to California Corporations Code Section 14502, and who is an employee of the County and designated as such by the County or an employee of a society for prevention of cruelty to animals or humane society that has contracted with the County of San Mateo to provide animal control services.
"Licensing Program” – that program within San Mateo County Health Department, including but not limited to, any County contractor specifically charged with regulating and selling animal licenses in the County of San Mateo. “Owner" – any Person 18 years of age or older who:
(a) holds the license to the animal; or
(b) if the animal is not licensed, is legally entitled to possession of the animal; or
(c) has exercised primary responsibility for the care of the animal for thirty (30) or more consecutive calendar days.
“Person” – means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.
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3 “Severe injury" – Any physical injury to a human caused by an animal attack that involves tooth derived muscle tears, disfiguring wounds or laceration(s), multiple bites requiring sutures, broken bones and/or requires corrective surgery. “Service Animal” – any animal defined as such by federal or state law. "Vicious Animal" – any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:
(a) Any animal that, at the time of the attack, is already designated as a Dangerous Animal and/or is the subject of a Dangerous Animal permit, and which is found to have engaged in any of the following:
(1) behavior that results in bodily harm, or constitutes a substantial threat of bodily harm, to a Person; or
(2) an attack on another animal which results in an injury that is sufficient to require veterinary care, whether or not received. (b) Any animal that inflicts Severe Injury to or kills a Person. (c) Any animal which cannot be safely maintained with a Dangerous Animal permit.
(d) Any animal designated by another governmental jurisdiction as, “dangerous”, "vicious", or any other similar designation, if that prior designation is based on behavior which would meet the definition of Vicious Animal under this Chapter, as determined by an Animal Control Officer.
6.04.020 - Animal Control Program.
(a) The Animal Control Program is responsible for the enforcement of this Chapter.
The duties of the Animal Control Program shall include, but not be limited to, the following:
(1) Provide animal control, sheltering services, and a rabies control program to carry out and enforce all provisions of this Chapter and California Health & Safety Code section 121690, and keep such records as may be required by law or contract.
(2) Enforce the provisions of this Chapter and all applicable state and local laws relating to the care, treatment, and impounding of animals, and specifically to issue citations and to make arrests for
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3 violations of the provisions of this Chapter and related state laws, to the extent authorized by law.
(3) Impound animals found to be in violation of this Chapter in the interest of protecting public health and safety.
(4) Investigate animals pursuant to this Chapter or applicable state law and, if deemed appropriate, designate any such animals as Dangerous or Vicious pursuant to this Chapter.
(5) Impound animals which are in imminent or ongoing danger, or which are in need of safekeeping in order to protect the health and safety of the animal.
(6) Impound animals that are causing a threat to public safety. (7) Where authorized under the law, to enter upon any premises upon which any animal is kept in order to seize or impound of any animal if reasonable cause exists to believe that such animal is being kept or has behaved in violation of the provisions of this Chapter. (8) To remove and dispose of the carcass of any animal(s) found on any public right of way, except freeways or other areas maintained by Caltrans.
(9) Quarantine animals under the direction of the County Health Officer to ensure public health and safety.
(10) Euthanize and/or dispose of animal(s) humanely and in accordance with the law.
(11) Place for adoption, when appropriate, properly impounded animals if such animals are not redeemed after due notice to known Owners in accordance with the law.
(12) Provide and hold vaccination clinics in strategic locations throughout the County pursuant to Health and Safety Code 121690. (13) Provide or make available at low cost, spay/neuter surgeries to dogs, cats, and rabbits.
(14) Provide for issuance of an animal license for a period not to exceed the term of the anti-rabies vaccination, as provided by state law. (15) To collect any fees or charges provided for in this Chapter for the licensing, impounding and/or keeping of any animal, or for the enforcement of this Chapter.
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3 (b) Animal Control Officers qualified under Penal Code section 830.9, who are either employees of the County designated as such by the County, or employee(s) of and designated as such by a society for prevention of cruelty to animals or humane society which has contracted with the County to provide animal control services, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants to the maximum extent allowed by law, for violations of state and local animal control laws. Animal Control Officers shall have the authority provided by state law including, but not limited to, that described by Penal Code section 830.9. Animal Control Officers must complete Penal Code section 832 training.
(c) Those employees of a society for prevention of cruelty to animals or humane society under contract with the County to provide animal control services, who have been appointed and qualify as humane officers under California Corporations Code section 14502, or its successor statute, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants, to the maximum extent allowed by law, for violations of state and local animal control laws. (d) The County may contract for animal control services to be performed countywide, including within cities, provided agreement is made with the participating jurisdictions.
6.04.030 - Rabies Vaccinations.
(a) Every dog or cat Owner shall ensure their animal is vaccinated for rabies by a licensed veterinarian in the manner prescribed or approved by state law and the State of California Department of Public Health, after the dog or cat attains the age of three (3) months of age and/or within ten (10) calendar days of acquiring an unvaccinated animal. This vaccination shall be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be provided by the Owner or veterinarian to the Licensing Program or the County’s animal control contractor. (b) Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog, or cat with rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the County-approved rabies vaccination form, within ten (10) calendar days of the beginning of each month, for any dog or cat which they vaccinate or direct to be vaccinated with anti-rabies during the previous month. An Animal Control Officer or animal licensing staff shall have the right to inspect records of rabies vaccinations during normal business hours.
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3 (c) Upon receipt of a written request from a licensed veterinarian to exempt a microchipped pet from receiving a one or three-year vaccination, for medical reasons, the County Health Officer and/or designee shall review the basis for the request for exemption and approve or/deny said request.
6.04.040 - Dog and Cat Licenses.
(a) Licensing requirements for dogs and cats shall be as follows:
(1) An annual license shall be obtained, and an annual license fee shall be paid by the Owner for every dog or cat over the age of three (3) months owned or kept in the City of Foster City. Said annual license fee shall be first due when the animal reaches three (3) months of age or within sixty (60) calendar days after the dog or cat is acquired, and due on the expiration date of the rabies vaccination and each year thereafter.
(2) New residents shall have sixty (60) calendar days in which to acquire such license.
(3) Persons renewing their license shall have thirty (30) calendar days following their due date before being found delinquent and assessed a late penalty.
(4) The fee for such license shall be as set forth in section 6.04.350 of this Chapter. The fee paid for the licensing of altered dogs and cats shall be less than said license fee for unaltered cats or dogs upon presentation of the proper certification. The license fee paid by Persons over the age of 60 shall be at a discount.
(5) An Owner may obtain a three-year license for a cat or dog by submitting to the Licensing Program adequate proof of a three-year rabies vaccination of the animal to be licensed and payment of the applicable fees, as set forth in section 6.04.350 of this code.
(6) Any Person who fails to pay such license fee after said fee is due or said dog or cat is required to be licensed, in addition to paying any past due license fee(s), may also be required to pay a late fee in accordance with Section 6.04.350 of this Chapter or may receive an administrative citation.
(7) A license shall be obtained, but no license fee shall be payable, by the Owner of any dog being raised, trained or used as a Service Animal, or for dogs that have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of law enforcement.
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3 (8) Animals with microchip implants or other permanent identification acceptable to the Animal Control Program are not exempt from the mandatory licensing requirements.
(b) The licensing provisions in this Chapter are not applicable to the following:
(1) Dogs or cats used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to section 1666 of the Health and Safety Code. (2) Dogs or cats used for teaching purposes in recognized educational institutions.
(3) Dogs or cats owned by veterinarians licensed by the State and kept on the premises used by said veterinarians in their practice. (c) Tags for dogs and cats shall be issued as follows:
(1) The Licensing Program shall procure and, when licensing fee is paid, issue a lifetime tag which shall bear the number of the license. A record shall be kept with the name of the Owner together with a description of the dog or cat for which the license is issued and the number of the license, and a tag shall be provided to such Person upon payment for such license as provided by this Chapter. (2) Whenever a tag has been lost or stolen, the Owner of the animal may request a duplicate tag upon payment of the required fee. (3) The Owner of a licensed dog or cat shall affix such tag to a suitable collar, which collar shall remain on the dog or cat at all times. (4) When an animal has been designated as a Service Animal, the Owner may obtain a lifetime service tag and shall be required to follow the requirements in Section 6.04.030 (a). Said tag will replace a regular dog license.
(5) The Owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold, adopted, or given away shall keep a permanent record of the name, address, and phone number of the purchaser of any dog or cat, along with the breed, color, sex, and age of each animal sold, adopted, or given away and shall forward such information to Animal Control services within thirty (30) calendar days thereafter. An Animal Control Officer, County representative, or employee of the County’s animal control contractor shall have the right to inspect such records during normal business hours, with forty-eight (48) hours prior notice to the Owner or operator.
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3 6.04.050 - Public Protection from Dogs.
(a) No Owner or possessor of a dog shall cause or allow such dog to bite, or physically threaten or harass any person unless necessary to protect the physical safety of a Person.
(b) Every Owner or possessor of a dog shall prevent such dog from causing injury to another animal while such animal is lawfully upon public or private property. The failure of the Owner of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack. (c) No Owner or possessor of a dog shall command or provoke such dog to attack, sic or threaten a Person unless such action is necessary to protect the physical safety of a Person.
(d) No Owner or possessor of a dog that resides in another county and is found to have violated this section shall thereafter allow such dog to be brought into San Mateo County unless the dog is fully enclosed in a vehicle and passing through to another location without stopping at any public or private premises within the County.
6.04.060 - Prohibited Conduct.
No Owner or other Person having care, custody or control of any animal shall cause or permit it to do any of following:
(a) To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in this jurisdiction unless:
1) the animal is properly licensed, if such licensing is necessary hereunder; and
2) the animal is controlled by a chain, lead rope, or leash, which is connected to the animal’s collar, saddle, harness, or halter. This latter requirement is not applicable to cats, or to service animals under the complete control of the Owner or Caretaker.
An electric or invisible fence does not constitute an enclosure for the purposes of this requirement.
(b) To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property, or to habitually continue to trespass thereon.
(c) To suffer or permit such animal to habitually bark or meow or otherwise act to disturb the peace of any citizen or to be a public nuisance.
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3 (d) To be without proper and adequate food, water, shelter, care, and attention.
(e) No Person shall possess within the City of Foster City any animal designated by another jurisdiction as “potentially dangerous”, “dangerous”, or “vicious,” or other designation based on the animal’s potential danger to humans and/or animals, without previously notifying Animal Control and receiving express written permission from the Animal Control Manager for the animal’s presence or residence in the City of Foster City. A failure to receive prior permission is in itself a sufficient basis for an Animal Control Officer or peace officer to seize and impound such animal. (f) Subsection (a)(2) of this section shall not be applicable to cats. (g) Notwithstanding the requirements of subsection (a)(2), dogs are not required to be controlled by a chain, lead rope, or leash in the following circumstances:
i. When a dog is accompanied by a person reasonably competent to restrain and control the dog in the fenced dog park in Boat Park near the corner of Foster City Boulevard and Bounty Drive, so long as the person does not have more than three dogs.
ii. Off-leash areas designated by the Foster City Parks and Recreation Director at Catamaran, Edgewater, Boothbay, Farragut, and Sea Cloud Parks from five a.m. to eight a.m. on a daily basis and from five a.m. to nine a.m.; Off-leash areas designated by the Parks and Recreation Director at Sea Cloud Park on Sunday only; and any other off-leash areas designated by the Parks and Recreation Director pursuant to Chapter 12.36 of the Foster City Municipal Code.
6.04.070 - Protection of Animals in Motor Vehicles.
(a) No Person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of said animal due to heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death of said animal.
(b) An Animal Control Officer, Humane Officer or peace officer may remove an animal from a motor vehicle if the animal’s safety reasonably appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. An Animal Control Officer, Humane Officer or peace officer is authorized to take all steps that are necessary for the removal of such animal from the motor vehicle,
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3 including, but not limited to, breaking into the motor vehicle, after a reasonable effort has been made to locate the Owner or other Person responsible.
(c) If an animal is removed from a motor vehicle as set forth herein, the removing officer shall, if deemed necessary by the officer, take it to an animal shelter, veterinary hospital, or other place of safekeeping. (d) An Animal Control Officer or peace officer who removes an animal from a motor vehicle shall, in a conspicuous location on or within the motor vehicle, leave written notice bearing their name and office, and the address of the location where the animal can be claimed. The animal may be released to the Owner only after payment of all fees that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.
(e) Nothing in this section shall preclude prosecution under both this section and California Penal Code Section 597 or any other provision of state or local law.
6.04.080 - Release from Confinement.
No Person other than the Owner, or person authorized by the Owner of the animal shall release any animal from any confinement, vehicle, or restraint unless such release is necessary for the immediate health and safety of the animal. This section shall not apply to Animal Control Officers, Humane Officers, and/or peace officers.
6.04.090 - Declaration of Dangerous Animal.
(a) No Person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated as Dangerous under this Chapter without obtaining a Dangerous Animal permit from the Animal Control Officer. The animal Owner shall comply with all conditions of the Dangerous Animal permit including, but not limited to, all requirements of section 6.04.100 of this Chapter. Any animal which is determined to be Dangerous under this Chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer, peace officer, or a County animal control contractor agency for appropriate disposition, which may include humane euthanasia.
(b) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer may consider any relevant facts and circumstances, including but not limited to:
(1) the alleged attacking animal’s prior history.
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3 (2) the alleged attacking animal’s Owner(s) ability to comply with this Chapter, and/or compliance with any prior Dangerous Animal permits held by the alleged attacking animal’s Owner(s). (3) whether any of the animals involved were previously deemed by a governmental jurisdiction as “potentially dangerous, “dangerous”, “vicious” or any other similar designation.
(c) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer, may consider the following mitigating factors:
(1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack or molestation:
(i) provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged
behavior;
(ii) committed a willful trespass or other tort upon the private property of the Owner or Caretaker of the animal in the presence of the animal;
(iii) threatened or committed an unjustified attack or assault against the Owner, Caretaker or other Person in control of the animal in the presence of the animal
(2) Any other mitigating factor relevant to whether the animal poses a threat to public health or safety. The failure of the Owner or Person in control of a victim animal to have the victim animal on a leash shall not, in itself, constitute a mitigating factor in any attack. (d) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as a Dangerous Animal, as long as sufficient evidence exists to support the designation. (e) In the event that an Animal Control Officer or peace officer determines it necessary to protect the health or safety of the public, or of any animal, they may immediately impound any animal according to the procedures set forth in this Chapter.
(f) If an Animal Control Officer or peace officer has investigated and determined that an animal is Dangerous, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal pursuant to section 6.04.260.
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3 (g) Should the Owner of the animal wish to contest the Dangerous Animal designation, the Owner may request a hearing, which hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Dangerous Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared dangerous.
(1) Should the animal Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Dangerous Animal
designation will be final, and the animal Owner shall obtain a Dangerous Animal permit within seven (7) calendar days of the written notification that the animal has been declared Dangerous. (2) If the animal Owner requested a hearing and the hearing officer confirms the determination that the animal is Dangerous, the Owner must obtain the Dangerous Animal permit and meet the conditions required by such permit, within seven (7) calendar days of notice of such decision, unless the time is extended by an Animal Control Officer.
(3) If an animal is designated as Dangerous, but the Owner fails to obtain a Dangerous Animal permit within the required timeframe, the animal will be deemed abandoned, and will be subject to disposition as deemed appropriate, including potential euthanasia by the County’s animal control contractor, at the discretion of the Animal Control Officer, peace officer or City or County representative. If not already impounded, the animal will be promptly impounded. The Owner of the animal shall be responsible for all costs of impoundment of the animal incurred prior to such abandonment.
(h) If after investigation by an Animal Control Officer or peace officer, that officer determines that the animal is not Dangerous, the victim or an Owner of a victim animal may appeal that determination, within seven (7) calendar days of notice of the decision given pursuant to section 6.04.260, by submitting to the Animal Control Officer or peace officer a written request for a hearing and paying the required fee. The Animal Control Officer or peace officer shall prepare a written report documenting its reasons for determining the animal not Dangerous and shall include evidence it has considered for and against the designation in its report.
The hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter.
(i) No animal designated by the County as a Dangerous Animal may be transferred to a new place of residence or to a new Owner or Caretaker
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3 without prior written approval of the Animal Control Program Manager.
Prior to the relocation, a written request for the relocation must be delivered to the Animal Control Program Manager and the County’s animal control contractor, if any, at least 30 calendar days prior to the relocation. (j) If an Animal Control Officer declares an animal as Dangerous which has already been declared Potentially Dangerous or Dangerous by another jurisdiction located outside of the County of San Mateo, the Owner of such animal must obtain and comply with a Dangerous Animal permit at least seven (7) calendar days prior to moving the animal into the County. The animal shall not reside in the County of San Mateo until the Dangerous Animal permit has been issued by the Animal Control Program and the Owner meets the conditions of said permit.
(k) A permit issued under this section is subject to renewal annually. An annual inspection of the location where the animal resides will be performed by an Animal Control Officer. Inspections may occur at any reasonable hour and will occur at least annually. The fee for such permit and inspection shall be as set forth in section 6.04.350 of this Chapter.
Fees shall not be refundable. If the registered Owner fails to pay the permit fee and/or comply with the requirements of the permit within ten (10) calendar days of the annual inspection date, the permit may be revoked and the animal may be impounded for appropriate disposition, as determined by an Animal Control Officer, peace officer, County contracted agency or City designee, including humane euthanasia.
(l) A Dangerous Animal designation is a designation that remains with that animal for its lifetime, unless terminated as provided by this subsection. A Dangerous Animal designation may be terminated if all of the following criteria have been met, as determined by an Animal Control Officer or peace officer and the Animal Control Program Manager and/or City designee:
(1) The Owner has complied with all Dangerous Animal Permit requirements for a period of three (3) years and the animal has not been found to have committed any violations of the requirements of the permit, or of this Chapter, or any other applicable animal control laws, for the duration of that period.
(2) The animal has remained current on all rabies or similar required vaccinations and has remained current on its licensing and paid all fees for the duration of the three (3) year period.
If an animal Owner disputes a finding that the Dangerous Animal designation will not be terminated, the animal Owner may request an administrative hearing to be held according to the procedures set forth in section 6.04.150 of this Chapter.
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3 6.04.100 - Dangerous Animal Permit Requirements.
(a) Any Owner of a Dangerous Animal shall ensure compliance with the following rules and regulations which shall be mandatory requirements for any Dangerous Animal permit:
(1) When the animal is off the property of its Owner, ensure that the animal is not kept upon any unenclosed premise unless said animal is leashed and muzzled with a cage or basket muzzle, or any other muzzle approved by the Animal Control Officer. The leash shall not exceed four (4) feet in length and having a minimum tensile strength of 300 pounds and shall be under the direct control and supervision of the Owner or a Person of such age, size, and strength as can easily control such animal. Extraordinary care shall be taken by the Owner and/or Caretaker to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other Persons or animals.
(2) Ensure said animal is never kept on any unenclosed premises even if tethered, tied or staked.
(3) Ensure said animal is kept in a fenced yard, kennel, dog run or other enclosure, sufficient to prevent the escape of the animal or entry of young children, as approved by the Animal Control Officer or peace officer. An electric or invisible fence is not an acceptable means of enclosure for the purpose of this requirement. (4) Maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter Person, or other Person who has the lawful right to enter the property.
(5) Ensure that all structures used to confine the animals are locked with a key or combination lock when such animals are within the fenced yard, kennel, run or enclosure.
(6) Regularly inspect the fenced yard, kennel, dog run or enclosure to ensure that it is secure to maintain the animal and keep young children out.
(7) Allow inspections by any Animal Control Officer or peace officer at any reasonable hour of the premises or premises upon which the animal is maintained.
(8) Pay permit and property inspection fees as set forth in section
6.04.350 of this Chapter within (10) ten calendar days of the permit issuance or renewal.
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3 (9) Obtain and post approved sign(s) from the Animal Control Program after payment of a non-refundable fee as set forth in Section
6.04.350 of this Chapter. Sign(s) shall be conspicuously posted in a manner visible to the public at all entrances to the property where the animal is kept, warning Persons of the presence of a Dangerous Animal as directed by the Animal Control Officer or peace officer. Such sign(s) must be surrendered in the event of the revocation of the permit, death of animal, or approved relocation of the animal.
(10) Advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining said Dangerous Animal.
(11) Ensure said animal wears, at all times, a separate Dangerous Animal tag issued by the Animal Control Program in addition to complying with license requirements as defined in Section 6.04.040 of this Chapter.
(12) Ensure said animal be microchipped and inform the Animal Control Officer with the microchip number within thirty (30) calendar days from the date the Dangerous Animal permit was issued.
(13) Within forty-five (45) calendar days from the date the Dangerous Animal Permit was issued, unless this period is extended by the Animal Control Program Manager or city representative at their sole discretion, said animal shall be spayed or neutered by a California licensed veterinarian, at Owner expense, and within those forty-five (45) days, the Owner shall also present written proof to the Animal Control Officer that the surgery was performed. In the event an animal cannot be safely altered, due to a medical reason, the Owner shall present the Animal Control Program Manager and Animal Control Officer with a written request from a California licensed Veterinarian stating the medical reason(s) that the animal should not be altered. The County Health Officer or designee will approve or deny the request. If said request is denied, the animal shall be altered by a California licensed veterinarian within fifteen (15) calendar days from the date of notification that the request was not approved, and within those fifteen (15) calendars days provide such written proof to the Animal Control Officer that the surgery was performed.
(14) Notify an Animal Control Officer and the Animal Control Program Manager of the animal's death within twenty-four (24) hours and produce the animal's body for verification upon request.
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3 (15) Notify an Animal Control Officer and the Animal Control Program Manager immediately in the event the animal becomes lost, stolen, or escapes from its fenced yard, kennel run, or enclosure. (16) Pay all reoccurring of additional fees within ten (10) calendar days of service of the invoice or annual permit. Non-payment of fee may result in the permit being revoked unless a payment plan has been approved by the County or City.
(17) Comply with all other permit conditions or requirements imposed by an Animal Control Officer, peace officer, or hearing officer pursuant to this Chapter.
(18) Comply with all local and state laws regarding the care, use, control, and maintenance of animals.
(b) Any Owner of a Dangerous Animal shall ensure compliance with the following additional requirements, if directed to do so by an Animal Control Officer, peace officer and/or hearing officer:
(1) Prove financial responsibility by posting a bond or certificate of insurance for an amount of three hundred thousand dollars ($300,000) per animal within thirty (30) calendar days from the date of the Dangerous designation. Bond or certificate of insurance will be provided to the Animal Control Program Manager annually prior to expiration of said bond or certificate.
(2) Provide private behavioral and obedience training to the animal, at the Owner’s expense and within the time set forth by the hearing officer or an Animal Control Officer following the issuance of a Dangerous Animal permit. Proof of participation, a report of behavioral assessment, and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by an Animal Control Officer shall be provided to the Animal Control Officer and Animal Control Program Manager within seven (7) calendar days following the completion of the mandatory training, but not more than ninety (90) calendar days from the date of the Dangerous designation.
(3) Comply with any other permit requirements determined to be reasonably necessary to protect the public’s health or safety and/or the health or safety of other animals.
(c) No more than two Dangerous Animals may be kept by any Person(s) at any one household, residence, business, or other location, without prior written approval of the designee of the appropriate jurisdiction.
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3 6.04.110 - Revocation or Modification of Dangerous Animal Permit. (a) Any Dangerous Animal permit issued pursuant to this Chapter may be revoked or modified by the inclusion of additional requirements or otherwise, if the Animal Control Officer or peace officer has reasonable cause to believe any of the following to be true:
(1) The dangerous animal Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any local or state laws relating to the keeping, care or use of any animals.
(2) The Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any Dangerous Animal permit conditions, or any requirement imposed by the Animal Control Officer, peace officer, or hearing officer. (3) The Owner or any Person to whom the Owner has given care, custody, or control changed the location of his/her residence or his/her place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued without first notifying an Animal Control Officer as outlined in Section 6.04.090
(4) The Owner or any Person to whom the Owner has given care, custody or control of the animal has changed the residence or premises where the animal is maintained without first complying with the guidelines set forth in Section 6.04.090
(5) The Owner or any Person to whom the Owner has given care, custody, or control of the animal is unable or unwilling to comply with the conditions of the Dangerous Animal permit.
(b) In the event that it is reasonably necessary to protect the public or an animal’s health and safety, the Animal Control Officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place.
(c) If, after investigation, the Animal Control Officer or peace officer concludes that there is probable cause to believe that one or more of the above conditions for revocation or modification of the permit has occurred, the officer shall deliver written notice of revocation or modification to the Owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the Owner of the animal wish to contest the revocation or modification of the permit, the Owner may request an administrative hearing to be held before a hearing officer, as designated by the Animal Control Program Manager, within seven (7) calendar days
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3 of receiving the notice of revocation. Said administrative hearing date shall be not less than seven (7) calendar days or no more than (20) twenty calendar days after the date the request for hearing is received by the Animal Control Manager. The administrative hearing shall be conducted as set forth in section 6.04.150 of this chapter. The hearing officer conducting the hearing may either modify the terms of the permit or revoke the permit.
Any party to the hearing has the right to appeal the administrative hearing decision to the San Mateo County Superior Court by filing a Petition for a Writ of Administrative Mandate pursuant to California Code of Civil Procedure, Section 1094.5 and 1094.6.
(d) Upon written notice by the Animal Control Officer, peace officer, or hearing officer, if a hearing was held, if any modifications to a Dangerous Animal permit are made, the Owner shall immediately comply with such modified permit requirements.
(e) Upon written notice from an Animal Control Officer, peace officer or hearing officer of the revocation of a Dangerous Animal permit, the Owner of such animal shall within two (2) calendar days of such notification, surrender said animal to an Animal Control Officer. The Dangerous Animal shall be impounded and humanely euthanized unless the County designee or City designee has approved a different disposition. At the sole discretion of the appropriate City or County representative, such animal may be permanently removed from the County of San Mateo to another jurisdiction with written approval from that jurisdiction.
6.04.120 - Possession of Animals After Revocation of Dangerous Animal Permit.
No Person who has been determined to be in possession of or had Ownership of a Dangerous Animal for which a permit has been revoked under this chapter shall be granted any Dangerous Animal permit for a period of three years following such determination or revocation.
6.04.130 - Declaration of Vicious Animals.
(a) No Person shall keep, have, maintain, sell, trade, or let for hire an animal which has been designated as Vicious under the provisions of this Chapter.
(b) If an Animal Control Officer and/or peace officer has investigated and determined that an animal is Vicious, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal. Service of notice shall be made in accordance with section
6.40.260 subdivision (a) of this Chapter. An Animal Control Officer and/or Peace Officer shall immediately impound the animal, or cause to be
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3 impounded, the animal according to the procedures set forth in Section
6.04.160 of this Chapter. The animal shall be deemed abandoned and shall be humanely euthanized unless the County designee or City designee has approved a different disposition or unless the Owner timely requests an administrative hearing.
(c) In determining whether an animal shall be designated Vicious, in addition to any other facts and circumstances of the incident(s), the applicable decision-maker may consider the following potentially mitigating factors. (1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack, or molestation:
(i) provoked, tormented, teased, abused, or assaulted the animal, thereby causing or contributing to the alleged
behavior
(ii) committed a willful trespass or other tort upon the private property of the Owner or Caretaker of the animal; and/or (iii) threatened or committed an unjustified attack or assault against the Owner, Caretaker, or other Person in control of the charged animal.
The failure of the Owner or other Person in control of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(2) Whether the Owner is willing and able to comply with the conditions of a Dangerous Animal permit, and whether the animal can be safely maintained on a Dangerous Animal permit considering the nature of the attack and cooperativeness and abilities of the Owner. (d) The decision-maker may also consider, among any other relevant facts and circumstances, the following factors:
(1) whether any of the animals involved were previously deemed by any governmental jurisdiction as, "dangerous", "vicious", or any other similar designation, and/or the animal Owner’s prior compliance or lack thereof with any applicable Dangerous Animal permit requirements or this Chapter;
(2) the attacking animal’s history of attacks, bites or threatening behavior;
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3 (3) whether the animal demonstrated such aggressive behavior that it is reasonable to conclude that the animal cannot be safely maintained with a Dangerous Animal permit; and
(4) whether the Owner is unable or unwilling to comply with the conditions of a Dangerous Animal permit.
(e) Should the Owner of the animal wish to contest the Vicious Animal designation, the Owner may request an administrative hearing to be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Vicious Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared Vicious.
(f) Should the Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Vicious Animal designation will be considered final for purposes of exhaustion of administrative remedies, and the animal will be subject to disposition by the Animal Control Officer, peace officer, or City or County designee. The Owner shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. (g) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as Vicious as long as sufficient evidence exists to support the designation.
(h) If after investigation, an Animal Control Officer and/or peace officer determines that the animal is not Vicious, the Officer will prepare a written decision upon request by any victim suffering physical injury or an Owner of a victim animal, either of whom may appeal that determination. Any victim suffering physical injury as a result of the attack, or Owner of a victim animal, may appeal the determination that an animal is not Vicious by submitting, within seven (7) calendar days of the service of the decision pursuant to section 6.04.260, a written request to the Animal Control Officer for an administrative hearing and paying the required fee as set forth in Section 6.04.350 of this Chapter. The administrative hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter.
6.04.140 - Providing False Information.
It shall be unlawful for a Person to willfully and knowingly provide false or misleading information to Animal Control Program staff, including but not limited to an Animal Control Officer, peace officer, Animal Control Program Manager, and/or hearing
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3 officer regarding animal ownership, licensing, rabies vaccination, medical treatment and condition, and/or any other matter pertaining to the enforcement of state or local law.
6.04.150 - Administrative Hearing Procedures.
(a) Administrative hearings held under this Chapter shall be conducted by a hearing officer or designated representative appointed by the Director or designee of the San Mateo County Health Department. Any city contracting with the County for animal control services may elect to utilize the services of any San Mateo County designated hearing officer to conduct hearings on behalf of the city pursuant to that city's animal control ordinances. The hearings shall be scheduled no less than seven (7) calendar days and no more than fifteen (15) calendar days from the receipt of the request for the hearing unless the hearing officer finds good cause for continuance.
(b) The Animal Control Officer or peace officer conducting the investigation shall provide their investigation report and any evidence gathered by the officer to the Animal Control Program Manager or designee no less than 72 hours prior to said administrative hearing. The Animal Control Program Manager or designee will promptly provide the report to the parties to the case, including the Owner of the subject dog and the Owner of the victim dog.
(c) The administrative hearing shall be conducted in an informal manner consistent with due process of law. Any party may be represented by counsel. The parties may present relevant evidence including witnesses.
The strict rules of evidence shall not be applicable. Any relevant evidence, including but not limited to hearsay evidence, may be admitted if it is the sort of evidence on which reasonable Persons are accustomed to rely on in the conduct of serious affairs. The hearing officer shall decide the matter based on preponderance of the evidence presented at the hearing.
The administrative hearing shall be recorded, and all documentary evidence submitted at the administrative hearing shall be preserved by the Animal Control Program Manager for a period of no less than two years.
Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs. (d) The hearing officer may exclude disorderly or disruptive Persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the administrative hearing.
(e) The hearing officer may decide all issues for or against the Owner(s) of the involved animal(s) even if the Owner(s) fail to appear at the hearing.
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3 (f) Within seven (7) calendar days of the administrative hearing, the hearing officer shall render a written decision, which shall be final for the purposes of exhaustion of administrative remedies upon the date of mailing. The Animal Control Program Manager or designee shall mail the written decision and affidavit/certificate of mailing showing the date of mailing, on behalf of the hearing officer, by first class mail, postage prepaid. The decision will be mailed to the Owner of the alleged Dangerous or Vicious Animal, the victim or Owner of the victim animal, and the investigating Animal Control Officer or peace officer.
(g) If the animal is designated Dangerous, the Owner must apply for and obtain a Dangerous Animal permit as provided by this Chapter within seven (7) calendar days of the decision letter in order to maintain the animal and the Owner must comply with all mandatory Dangerous Animal permit rules and regulations as defined in section 6.04.120 of this Chapter.
A hearing officer may impose additional permit requirements as set forth in this Chapter.
(h) If the animal is designated Vicious, the Owner of such animal shall lose all rights of ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. An animal designated as Vicious will be held at the animal shelter for a minimum of seven (7) calendar days from the date of the hearing officer's decision, prior to any proposed euthanasia.
(i) Unless the hearing officer for good cause otherwise determines, the party requesting the administrative hearing is liable for all costs related to such hearing. A determination by the hearing officer that the animal is not dangerous or vicious shall constitute good cause.
(j) Hearing officer decisions are appealable to the San Mateo County Superior Court by filing a Petition for Writ of Administrative Mandate pursuant to California Code of Civil Procedure, Section 1094.5 and 1094.6.
(k) The procedures and/or definitions pertaining to potentially dangerous and vicious dogs set forth in the California Food and Agricultural Code Chapter 9, beginning with section 31601, are not adopted and do not apply within San Mateo County. As authorized by Food and Agricultural Code section 31683, the County has adopted its own program for regulation of dangerous and vicious dogs as contained in this Chapter.
6.04.160 - Animals to Be Impounded.
(a) The Animal Control Program may impound any animal kept or found under conditions that constitute a violation of this Chapter or other state or local
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3 law. The animal's Owner shall be responsible for all costs incurred or fees applicable with respect to such impoundment and maintenance in the shelter.
(b) An Animal Control Officer or peace officer may impound or cause to be impounded an animal when there is reasonable cause to believe that such animal posed, or poses, a threat to the public’s health and safety, or the health and safety of another animal. The animal may remain impounded for a period not to exceed fifteen (15) calendar days in order to investigate, and to determine whether or not said animal is Dangerous or Vicious as defined by this Chapter. In calculating the fifteen (15) calendar days, the first day of impoundment is not included. If an animal is not impounded within fifteen (15) calendar days after an investigation began, the Animal Control Officer or peace officer shall make a determination whether or not the animal is Vicious or Dangerous and shall notify the Owner of said animal as soon as reasonably practical thereafter.
(c) Within twenty-four (24) hours of the impoundment of any animal, the impounding Animal Control Officer shall serve the Owner of the animal with notice of the impoundment.
(d) No impounded animal may be redeemed unless and until any required license fee and/or other applicable charges and fees have been paid. In the event such animal is not redeemed within the time set forth by State law, it shall be deemed abandoned and may be adopted, transferred to a rescue, or disposed of in the manner determined by the Animal Control Program. The Animal Control Program shall issue to the Owner or Person responsible of the care, custody, and control of said animal a receipt showing an itemized description and the amount of the fee(s) paid.
(e) The Animal Control Program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the Person redeeming, adopting, or purchasing, the fees, and/or charges related to the animal. Said records shall be kept for a period of seven (7) years.
6.04.170 - Stray Animals.
Any Person who finds or picks up a stray or lost animal shall report the same to the Animal Control Shelter within twenty-four hours thereafter and shall release such animal to the Animal Control Shelter upon demand.
6.04.180 - Epidemics.
The San Mateo County Health Officer may determine and declare that rabies or other contagious diseases are epidemic or that other health and safety hazards exist among dogs or other animals within the County. Upon the making of such a declaration,
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3 the Health Officer shall prepare and promulgate such orders, rules, and regulations as are necessary for appropriate control of all the animals concerned within the County.
Said rules and regulations of the Health Officer may include, but are not limited to, impoundment, quarantine, vaccination, or destruction. It shall be the duty of the Animal Control Officers to assist the Health Officer in carrying out such rules and regulations.
6.04.190 - Bite Reporting Requirements.
(a) Any Owner or other Person who is responsible for the care, custody, or control of an animal that bites a human or other animal shall provide their name and current residence address and telephone number and shall present their driver's license or other form of identification and any information regarding any rabies vaccination for the biting animal to the person bitten or the Owner of the animal bitten. If the Person bitten is a minor, the Owner or Person in control of the biting animal shall provide the required information to the parent or guardian of the minor. (b) In addition to the above requirements, it shall be the duty of any Person having knowledge of any animal which has bitten a human being or other animal within the County to immediately, in no case later than the end of the next calendar day, report the bite to an Animal Control Officer or peace officer and to furnish as much information as possible, including date, time and location of bite, description of animal or Person bitten, name and license number of the biting animal, and rabies vaccination history of the biting animal.
6.04.200 - Administrative Citations.
(a) Should an Animal Control Officer, Humane Officer or peace officer determine that a Person has violated any provision this Chapter, that enforcement officer shall have authority to issue and serve notice of an administrative citation as set forth in section 6.04.260, to the Person violating the Chapter.
(b) Each administrative citation shall contain the following information:
(1) The name and address of the Owner or other Person to be cited. (2) The date(s) of the violation.
(3) The address or a specific description of the location where the violation occurred.
(4) The section, subsection, and/or provision of this Chapter violated by the Person cited and a description of that violation.
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3 (5) A prohibition of the continuation or repetition of the violation described in the administrative citation.
(6) If applicable a description of the potential consequence(s) should the violation continue or be repeated.
(7) Either:
i) The amount of the administrative fine charged and to be paid by the Person cited as a result of the violation; or
ii) A notice to correct a certain violation within a reasonable time, and the amount of an administrative fine that may occur if the violation is not corrected or remedied by the date specified.
(8) A description of the procedure to pay the fine, to include the time period for and place of payment, and the process by which the County may collect any unpaid amount owed.
(9) A description of the administrative citation review process, including the time within which the administrative citation may be appealed and how to appeal the administrative citation, including any form to do so.
(10) The name and signature of the citing Animal Control Officer, Humane Officer or peace officer or County designee.
(c) An administrative citation may be any format, including letter, which conveys the information set forth above.
6.04.210 - Appeal of Administrative Citation.
(a) A recipient of an administrative citation may contest the citation including, but not limited to, on the basis that the underlying violation did not occur, or that recipient is not the party responsible for the violation and thus was the improper recipient of the administrative citation. The recipient must contest the citation on the form provided by the Animal Program Manager or Animal Control Officer and file the appeal with the Animal Control Program Manager within twelve (12) calendar days from the date of service of the administrative citation. Any appeal not timely filed will be rejected.
(b) The appeal shall contain the following provided by the Person appealing the citation:
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3 (1) The name, mailing address, and telephone number of the party requesting the appeal;
(2) A copy of the administrative citation or a reference number thereto; (3) A statement of the grounds for the contest, including a description of the evidence to be presented in support of the contest and copies of any statements or documents to be submitted at the hearing in support of the appeal.
(4) The signature of the appealing party;
(5) A deposit of the fine assessed as set forth in the citation(s), to be refunded if the appeal is successful.
(c) Should an appeal be properly and timely requested, the requesting party shall be provided a hearing before a hearing officer to be held pursuant to the procedures set forth in section 6.04.150 as applicable. The Animal Control Program shall notify the Person requesting the appeal hearing of the time and place set for the hearing pursuant to section 6.04.260.
6.04.220 - Payment of Administrative Fines.
(a) In the absence of an appeal by the recipient of the administrative citation, the Person cited shall pay the administrative fine in full within thirty (30) calendar days from the date of service of the notice of citation. In the event of an appeal, after which the violation is upheld, if not already paid, the fine shall be paid in full within ten (10) calendar days after the date that the decision of the hearing officer was served on the recipient. (b) Payment of any fine shall not excuse the failure to correct the violation, nor shall it bar further enforcement of the same or any similar violation or any other violation by any applicable means.
(c) Failure to pay any fines assessed within the guidelines set forth in this Chapter will result in a late charge pursuant to section 6.04.230, which will be collected by the Animal Control Program Manager.
6.04.230 - Amount of Administrative Fines.
(a) Any Person issued an administrative citation for a violation of, and pursuant to, this Chapter shall be assessed and pay a fine as follows:
(1) One hundred dollars ($100) for a first citation.
(2) Two hundred dollars ($200) for a second citation for the same violation within a one-year period.
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3 (3) Five hundred ($500) for each additional citation for the same violation within a one-year period.
6.04.240 - Misdemeanor Violations.
(a) A Person violating any provision of this Chapter shall be guilty of an infraction except as otherwise specifically provided.
(b) A Person violating any provision of section 6.04.050, subsection (a) of section 6.04.090 or subsection (a) of section 6.04.130 of this Chapter shall be guilty of a misdemeanor.
(c) This section shall not limit any other available criminal, civil or administrative remedies. Any or all applicable remedies shall remain available for violation of the provisions of this Chapter.
6.40.250 - Violation of Chapter a Public Nuisance; Remedies Cumulative. (a) Violation of this Chapter is a public nuisance subject to any and all applicable civil, administrative, and criminal remedies, according to the provisions and procedures set forth in this Chapter and other applicable state and local law.
(b) This section is not intended to limit any other available criminal, civil or administrative remedies. Any or all applicable administrative, civil and /or criminal remedies shall be available for violation of the provisions of this Chapter.
(c) Each day a violation continues shall constitute a separate violation.
6.40.260 - Service of Documents and Notices.
(a) Unless otherwise specified herein, the appropriate representative of the Animal Control Program shall provide any required notice or service of documents in the one of the following manners: (1) by personal delivery to the Person to be notified or served; or (2) by posting on the property at the address where the subject animal is licensed or the Owner of such animal resides; or (3) by depositing in the United States Mail, in a sealed envelope, first class postage prepaid, and addressed to such Person to be notified or served at their last-known business or residence address or as the same appears in the last equalized County assessment roll. Service by mail shall be deemed complete at the time of deposit in the United States Mail receptacle and shall include a declaration or affidavit of service which shall include notice of the date mailed. If agreed in writing by the Person to be served, notices or documents may be served electronically at the
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3 address provided by the Person to be served, to be effective upon being sent.
(b) Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.
6.04.270 - Field Return Fee.
A fee shall be charged for any animal impounded by a representative of the Animal Control Program and returned by an Animal Control Officer in the field to the Owner or Person who is responsible for the care, custody, or control of the animal. The fee charged shall be paid by the Owner or Person who is responsible for the care, custody, or control of said animal. Such fee shall be set forth in Section 6.04.350.
6.04.280 - Redemption and Spay/Neuter Fee.
(a) Upon redemption of any impounded unaltered animal, the Person responsible for the care, custody or control of any animal will be required to pay a spay or neuter fee in the amount of $100.00 in addition to the impound fees imposed under Section 6.04.350 of this Chapter. Such fee shall be refundable upon proof of spay and neuter of the animal within thirty (30) calendar days following the date of redemption. (b) Any unaltered animal impounded twice or more within a three-year period shall be altered at a cost to be paid by the Owner/Caretaker or person responsible for the care, custody, or control of said animal prior to redemption. At the option of the Owner/Caretaker or Person responsible for the care, custody, or control of said animal, required spaying or neutering may be performed by a private veterinarian within thirty (30) calendar days.
(c) Any Owner or Caretaker of an impounded animal subject to mandatory spay/neuter under Subsection (b) of this Section may appeal this requirement by submitting a written request for an administrative hearing to the Animal Control Program Manager. The administrative hearing will be conducted according to the provisions of Section 6.04.150 of this Chapter.
(d) The Animal Control Program Manager may waive any County or City fee for County or City spay/neuter, vaccination or impoundment of an animal, if the animal is a feral or stray cat and the Person bringing the animal to the shelter agrees that the Person shall have no rights in the animal or any right to direct or control treatment or disposition of the animal by the Animal Control Program which will retain sole discretion in determining the
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3 disposition of the animal, which may include but not be limited to treatment and/or adoption, or euthanasia.
6.04.290 - Quarantine Fee.
A quarantine fee, as set forth in Section 6.04.350, shall be paid by the Owner or Caretaker of any animal involved, or potentially involved, in a bite. Such quarantine fee is in addition to any other fees charged set forth in Section 6.04.350 of this Chapter to recover costs incurred by the Animal Control Program for the sheltering and caring for the quarantined animal.
6.04.350 - Schedule of Fees and Charges.
This Section 6.04.350 sets forth the fees for the Animal Control Program and Licensing Program. No animal shall be released to its Owner, or other person responsible for the care, custody, or control of the animal, unless applicable fees have been paid.
Animal Control and Licensing fees and charges established by this code are as follows:
(a)
(a) License Fees.
Dogs
Unaltered dog
1-year license $55.00
3-year license $160.00
Unaltered dog Senior Pet Owner (over 60 yrs.)
1-year license
3-year license
$23.00
$64.00
Altered dog
1-year license $25.00
3-year license $70.00
Altered dog Senior Pet Owner (over 60 yrs.)
1-year license $10.00
3-year license $25.00
Misc. dog fees
Late fee $20.00
Duplicate tag $10.00
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3 Cats
Unaltered cat
1-year license $20.00
3-year license $55.00
Unaltered cat Senior Pet Owner (over 60 yrs.)
1-year license
3-year license
$12.00
$31.00
Altered cat
1-year license $8.00
3-year license $19.00
Altered cat/ Senior Pet Owner (over 60 yrs.)
1-year license $5.00
3-year license $12.00
Misc. cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges
Type A & B (large or medium size animals — horses, cows, hogs, sheep, etc.)
Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use) $100.00
Type C (dogs, and cats)
Impound Costs — First Impound
Altered — licensed, wearing tag $40.00
Unaltered — licensed, wearing tag $65.00
Altered — unlicensed, no tag $55.00
Unaltered — unlicensed, no tag $85.00
Impound Costs — Second Impound
Altered — licensed, wearing tag $90.00
Unaltered — licensed, wearing tag $125.00
Altered — unlicensed, no tag $105.00
Unaltered — unlicensed, no tag $140.00
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3 Impound Costs — Third Impound
Altered — licensed, wearing tag $135.00
Unaltered — licensed, wearing tag $155.00
Altered — unlicensed, no tag $155.00
Unaltered — unlicensed, no tag $180.00
Impound Costs — Fourth Impound
Altered — licensed, wearing tag $180.00
Unaltered — licensed, wearing tag $215.00
Altered — unlicensed, no tag $200.00
Unaltered — unlicensed, no tag $240.00
Impound Costs — Fifth Impound and up
Altered — licensed, wearing tag $225.00
Unaltered — licensed, wearing tag $260.00
Altered — unlicensed, no tag $245.00
Unaltered — unlicensed, no tag $285.00
Board charges (per day)
Altered — dogs/ $25.00
Unaltered — dogs/ $35.00
Altered — cats $16.00
Unaltered — cats $22.00
Type D (small size animals, e.g., birds, hamsters, or other) Impound cost $20.00
Board cost $10.00
(c) Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees Dog — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Cat — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
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3 Surrender $40.00
Euthanasia $30.00
DOA Disposal $15.00
Litter of Three or more
Surrender $50.00
Euthanasia $40.00
DOA Disposal $20.00
Bird/Fowl
Surrender $20.00
Euthanasia $15.00
DOA Disposal $20.00
All Other Companion Animals (Reptiles, Amphibians, etc.) Surrender $25.00
Euthanasia $25.00
DOA Disposal $20.00
Farm Animals
Surrender $60.00
Euthanasia: Under 100 pounds
Over 100 pounds
$60.00
$125.00
DOA Disposal: Under 100 Pounds
Over 100 pounds
$30.00
$100.00
(d) Other Animal Control Fees
Quarantine Fee $60.00
Dangerous Animal Permit (DAP) Fee $300.00
DAP Inspection Fee $100.00
DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or Exotic Pet Fee $100.00
Return Check Fee $25.00
Service Dog Application Processing Fee $50.00
(e) Miscellaneous Fee Provisions
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33 1
6 1
3 (1) The Animal Control Program, and/or Licensing Program, may establish license discounts for recognized animal rescue organizations.
(2) License fees include a one dollar ($1) annual surcharge on all licenses for the animal population trust fund.
(3) At the discretion of the Animal Control Program Manager, a payment plan for all fees outstanding may be permitted upon a showing of good cause. If a Person is in compliance with an agreed upon payment plan, their outstanding balance shall never be considered “nonpayment” as that term is used in this Chapter. (4) The animal control fees for any animal related service not specified in this section shall be reviewed by the Chief of Health or their designee for reimbursement of costs. The Chief of Health or their designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the Owner or Caretaker of the animal(s) for which said service(s) have been provided.
(5) Each calendar year, the Animal Control Program Manager shall designate one month as an amnesty period for payment of cat and dog license late fees and for compliance with section 6.04.020 of this Chapter, as provided herein. During the amnesty period, applicants for cat and dog licenses shall not be assessed any late penalty fee or any other penalty for failure to obtain such license or pay any applicable license fee, notwithstanding sections 6.04.040 and 6.04.350 of this Chapter.
(6) All revenue derived from the fees, fines, forfeitures, and penalties related to the enforcement of this ordinance shall be used to offset the cost of enforcement and administration of this Chapter. (7) If the Animal Control Program Manager determines that payment of any fees by the Owner or Caretaker for an impounded animal would cause extreme financial difficulty to the Owner or Caretaker, and that it is in the best interests of the County to allow release of the animal upon these terms, the Animal Control Program Manager may, at their discretion, set up a payment plan or waive all or part of the fees incurred for the animal.
6.04.400 Keeping of other animals prohibited.
It is unlawful to keep any of the following:
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34 1
6 1
3 (a) Any fowl, reptile or animal which normally lives in a wild habitat and is a curiosity to the local community, whether wild or domesticated at the time of its keeping; or
(b) Domestic fowl.
6.04.410 Keeping of other animals permitted
The following animals may be kept:
(a) Not more than two dogs and two cats of more than six months of age subject to the licensing requirements of this chapter;
(b) The offspring of dogs and cats of the household up to the age of six months;
(c) Other household pets, which are not prohibited by section 6.04.400; and (d) Beehives for the non-commercial keeping of bees.
6.04.420 – Severability.
If any section, subsection, sentence, clause, phrase, or word of this Chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, clause, phrase, or word of this Chapter.
SECTION 2. – CEQA
The Ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
SECTION 3. – EFFECTIVE DATE
This ordinance shall become effective thirty days after adoption.
SECTION 4. – PUBLICATION
The City Clerk is hereby ordered and directed to certify the passage of this Ordinance by the City Council of the City of Foster City, and cause the same to be published in accordance with State law.
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35 1
6 1
3 This Ordinance was introduced and read on the 16th day of January, 2024, and passed and adopted on the ____ day of __________, ____, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
PATRICK SULLIVAN, MAYOR
ATTEST:
_____________________________
PRISCILLA SCHAUS, CITY CLERK
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Estimated Fee Increase Analysis by City
22-23 Year Control rev
less control & licensing
exp less licensing rev
CY 2022 licensing
revenue
TOTAL OF AC&L
Rev less exp
$5,632,725 $1,254,246 $6,886,970
CITY Service Level Service Level Field Animals Service Level Final Final CY 2022 Licensing Revenue Adjusted Percentage Percentage Services Received Percentage 2022-2023 2022-23 Percent Percent Distribution 2022-2023 City Cost
CY 2019 Actual
Yr 2 CY 2020
Actual CY2021 CY2021
Yr 3 CY 2021
Actual
Before subtracting license
revenue % of total revenue
Licensing Revenue
Collected
Estimated 22-23
City Cost w/ Fee
Increase
22-23 Estimated
City Cost w/out
Fee Increase
Estimated
Cost Increase
(Decrease) per
City with Fee
Increase
Atherton 1.07% 1.02% 1.09% 0.93% 1.00% 1.03% $70,808 1.18% 14,809$ $55,999 $58,721 ($2,722) Belmont 2.65% 2.92% 3.28% 2.36% 2.74% 2.77% $190,597 4.49% 56,303$ $134,294 $144,502 ($10,207) Brisbane 0.88% 0.48% 0.57% 0.51% 0.54% 0.63% $43,470 0.70% 8,829$ $34,641 $36,258 ($1,617) Burlingame 3.41% 4.36% 4.06% 3.62% 3.80% 3.86% $265,833 4.85% 60,791$ $205,042 $216,179 ($11,137) Colma 0.40% 0.54% 0.59% 0.38% 0.46% 0.47% $32,396 0.21% 2,634$ $29,762 $30,284 ($522) Daly City 9.92% 10.04% 8.13% 10.59% 9.58% 9.85% $678,260 7.55% 94,687$ $583,573 $601,405 ($17,832) East Palo Alto 8.04% 7.94% 5.96% 9.54% 8.07% 8.02% $552,159 1.04% 13,090$ $539,069 $542,384 ($3,315) Foster City 2.49% 3.07% 4.23% 2.89% 3.44% 3.00% $206,791 3.97% 49,790$ $157,001 $166,098 ($9,096) Half Moon Bay 1.94% 2.29% 1.60% 1.62% 1.61% 1.95% $134,104 2.82% 35,347$ $98,757 $105,194 ($6,437) Hillsborough 1.83% 1.82% 1.68% 1.47% 1.55% 1.74% $119,529 2.65% 33,241$ $86,288 $92,326 ($6,038) Menlo Park 5.10% 4.81% 4.69% 4.18% 4.39% 4.77% $328,220 3.67% 46,041$ $282,179 $290,844 ($8,665) Millbrae 2.29% 2.09% 2.48% 2.06% 2.23% 2.20% $151,856 2.65% 33,215$ $118,641 $124,739 ($6,098) Pacifica 6.06% 4.80% 6.08% 4.81% 5.33% 5.40% $371,752 7.38% 92,593$ $279,159 $296,045 ($16,886) Portola Valley 0.41% 0.58% 0.61% 0.42% 0.50% 0.50% $34,121 1.34% 16,780$ $17,341 $20,345 ($3,004) Redwood City 13.92% 12.33% 12.90% 15.92% 14.68% 13.64% $939,701 12.55% 157,456$ $782,245 $811,535 ($29,290) San Bruno 5.80% 5.26% 3.79% 5.25% 4.65% 5.23% $360,397 5.73% 71,818$ $288,579 $301,823 ($13,244) San Carlos 2.90% 2.89% 4.25% 2.49% 3.21% 3.00% $206,582 5.43% 68,099$ $138,483 $150,783 ($12,299) San Mateo 13.71% 13.55% 13.93% 15.94% 15.11% 14.12% $972,619 15.16% 190,096$ $782,523 $817,600 ($35,077) S. San Francisco 9.75% 10.02% 8.35% 10.18% 9.43% 9.73% $670,307 7.69% 96,443$ $573,864 $591,988 ($18,124) Woodside 1.02% 1.31% 1.68% 1.37% 1.50% 1.27% $87,759 1.28% 16,102$ $71,657 $74,629 ($2,972) County 6.41% 7.87% 10.06% 3.48% 6.18% 6.82% $469,708 7.66% 96,082$ $373,626 $391,308 ($17,682) Total 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% $6,886,969 100.00% $1,254,246 $5,632,723 $5,864,987 ($232,264) Estimated Fee Increase Analysis by City
as of 11/22/2023
8.1 Attachment 2 - Estimated Fee Increase Analysis prepared by County
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City
% of Total
Revenue
Collected Revenue Collected w/ Fee Increase Total
Atherton 1.18% 12,219.00$ 2,590.27$ 14,809.27$ Belmont 4.49% 46,452.50$ 9,850.07$ 56,302.57$ Brisbane 0.70% 7,293.00$ 1,535.65$ 8,828.65$ Burlingame 4.85% $50,151.25 10,639.83$ 60,791.08$ Colma 0.21% 2,173.25$ 460.69$ 2,633.94$ Daly City 7.55% 78,124.25$ 16,563.04$ 94,687.29$ East Palo Alto 1.04% 10,808.00$ 2,281.53$ 13,089.53$ Foster City 3.97% 41,080.21$ 8,709.31$ 49,789.52$ Half Moon Bay 2.82% 29,161.00$ 6,186.46$ 35,347.46$ Hillsborough 2.65% 27,427.00$ 5,813.52$ 33,240.52$ Menlo Park 3.67% 37,990.25$ 8,051.17$ 46,041.42$ Millbrae 2.65% 27,401.50$ 5,813.52$ 33,215.02$ Pacifica 7.38% 76,402.75$ 16,190.10$ 92,592.85$ Portola Valley 1.34% 13,840.50$ 2,939.67$ 16,780.17$ Redwood City 12.55% 129,924.25$ 27,531.94$ 157,456.19$ San Bruno 5.73% 59,248.00$ 12,570.36$ 71,818.36$ San Carlos 5.43% 56,186.50$ 11,912.23$ 68,098.73$ San Mateo 15.16% 156,838.11$ 33,257.70$ 190,095.81$ South San Francisco 7.69% 79,572.84$ 16,870.17$ 96,443.01$ Woodside 1.28% 13,294.00$ 2,808.04$ 16,102.04$ County 7.66% 79,277.75$ 16,804.35$ 96,082.10$ 100.00% 1,034,866$ 219,380$ 1,254,246$ Animal Licensing CY 2022
8.1 Attachment 2 - Estimated Fee Increase Analysis prepared by County
226
Chapter 6.04
ANIMAL CONTROL
Sections:
6.04.010 Definitions.
6.04.020 Animal control program.
6.04.030 Rabies vaccinations.
6.04.040 Dog licenses.
6.04.045 Three-year licenses for dogs.
6.04.050 Wolf hybrid registration.
6.04.060 Public protection from dogs.
6.04.070 Prohibited conduct.
6.04.080 Protection of animals in motor vehicles.
6.04.090 Release from confinement.
6.04.100 Dangerous animal permit required.
6.04.105 Declaration of vicious animals.
6.04.110 Issuance of permit for dangerous animal.
6.04.115 Hearing procedures.
6.04.120 Mandatory dangerous animal permit requirements.
6.04.130 Violations.
6.04.140 Possession of animals after revocation of dangerous animal permit or vicious declaration.
6.04.150 Inspection fee.
6.04.160 Revocation or modification of permit.
6.04.170 Animals to be impounded.
6.04.180 Notice of impounded animals.
6.04.200 Record of impounded animals.
6.04.210 Field return fee.
6.04.220 Redemption.
6.04.230 Redemption fees.
6.04.240 License fee to be paid upon redemption.
6.04.250 Epidemics.
6.04.260 Bite reporting requirements.
6.04.270 Quarantine fee.
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6.04.280 Service fees.
6.04.290 Schedule of fees and charges.
6.04.300 Penalty for violation.
6.04.310 Use of license and other revenue.
6.04.320 Keeping of other animals prohibited.
6.04.330 Keeping of other animals permitted.
6.04.340 Permit required.
6.04.350 Permit—Application—Issuance.
6.04.360 Permit—Fee.
6.04.370 Permit—Revocation.
6.04.380 Housing and keeping regulations.
6.04.390 Inspection.
6.04.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Animal control officer” means that person designated as the animal control program manager of the division of animal control services for the county and his or her duly authorized officers or deputies, as well as the president of the county’s contract agent and his or her duly authorized officers or deputies. “Animal control program” means that program within the division of animal control services of the environmental services agency of the county, or the county’s designated contract agent or both, which is specifically charged with regulating and enforcing laws dealing with animal control within its jurisdiction. “Animal control shelter” means the facilities provided by the county or the county’s designated contract agent for the impounding of animals.
“Dangerous animal” means any animal, except a trained dog assisting a peace officer engaged in law enforcement duties, which because of its disposition, behavior, training or other characteristic constitutes a danger to persons or property, or which demonstrates any or all of the following behavior:
1. Any attack or other behavior which requires a defensive action by any person to prevent bodily injury or property damage or that results in an injury to a person or property;
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2. Any aggressive attack or other behavior that constitutes a substantial threat of bodily harm to a person or animal, where such attack, injury or behavior occurs in a place where such person or animal is conducting himself or herself peaceably and lawfully;
3. An attack without provocation on another animal or livestock which occurs off the property of the owner of the attacking animal;
4. Any animal that has been deemed by another governmental jurisdiction as “potentially dangerous,” “dangerous,” “vicious,” or any other similar designation. “Director of environmental services agency” means that person so designated by the governing body of the county of San Mateo.
“Domestic fowl” means and includes chickens, ducks, geese, turkeys and other birds of similar nature. “Household pets” mean and include small animals, dogs, cats, parakeets, parrots, pigeons and canaries. “Impoundment” means the picking up and confining of an animal by the animal control program. “Kennel” means any enclosure, premises, building, structure, lot or area in or on which dogs or cats of at least four months of age are kept, harbored or maintained for commercial purposes. “Licensing program” means that program within the division of revenue services of the employee and the public services agency which is specifically charged with regulating and selling animal licenses and registrations in the county of San Mateo.
“Owner of an animal” means that person eighteen years of age or over who holds the license to the animal, or if the animal is not licensed, that person eighteen years of age or over legally entitled to possession of the animal concerned and who has primary responsibility for the care of the animal. “Peaceably and lawfully” means a person is upon the private property of an owner of the animal when he or she is on such property in the performance of any duty imposed upon him or her by the laws of this state or any city or county, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation by the owner or his or her designee, expressed or implied. “Person” means and includes corporations, estates, associations, partners and trusts, as well as one or more individuals.
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“Severe injury” means any physical injury directly caused by an animal attack that consists of muscle tears, multiple punctures, broken bones or disfiguring lacerations, or which requires multiple sutures or corrective or cosmetic surgery.
“Small animals” mean and include rabbits, hamsters, chinchillas, guinea pigs, domestic rats and mice, and other animals of a similar nature.
“Vicious animal” means any animal, except a trained dog assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:
1. Any animal previously designated as “dangerous,” that, after investigation by an animal control officer and/or peace officer, is found under conditions which constitute a violation of this chapter or applicable dangerous animal permit and which demonstrates a significant danger to the public health or safety;
2. Any animal seized under Section 599aa of the Penal Code and/or upon the sustaining of a conviction of the owner or caretaker under subdivision (a) of Section 597.5 of the Penal Code;
3. Any animal which inflicts severe injury on or kills a human being or another animal;
4. Any animal which has engaged in any aggressive behavior which demonstrates that the animal represents a clear and present substantial danger to the public health or safety and that due to substantial risk to the public health or safety it is unlikely that the animal could be safely maintained under a dangerous animal permit.
“Wolf hybrid” means any offspring of domestic dogs bred to wild canids (e.g., wolves or coyotes) and their subsequent generations. (Ord. 521 § 1 (part), 2005)
6.04.020 Animal control program.
A. Responsibility. The animal control program is responsible for the enforcement of this chapter, and the duties of the director and his or her officers, agents and employees shall include, but not be limited to, the following:
1. To administer an animal control shelter and keep such records as may be required by law or contract;
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2. To impound animals which are in violation of this chapter, or for the safekeeping of the animal to protect its health and welfare;
3. To remove and dispose of the carcass of any animal found on any public highway, street, alley or other public place. The cost of removal or disposal shall be paid by the owner of the animal, if known;
4. To quarantine animals under the direction of the county health officer;
5. To destroy and dispose of animals after due notice to the owner and pursuant to the procedures set forth in this section;
6. To sell, when appropriate, impounded animals after due notice to the owner;
7. To enforce all provisions of this title.
B. Scope of Authority of Humane Officers and Animal Control Officers. Humane officers, qualified and appointed pursuant to California Corporations Code 14502, who are employees of any public pound, society for prevention of cruelty to animals or humane society which has contracted with the county to provide animal control services, shall have the authority to issue notices to appear in court pursuant to Chapter 5c (commencing with Section 853.5 of Title 3 of Part 2 of the Penal Code of the state of California) for violations of state and local animal control laws. This authority is based on Section 14503 of the Corporations Code. Animal control officers shall have the authority provided by state law including but not limited to that described by Penal Code Section 830.9.
C. Right to Contract for Animal Control Services. The city council may contract for animal control services with the county or any humane society or other organization, corporation or association upon such terms and conditions as may be agreeable. (Ord. 521 § 1 (part), 2005)
6.04.030 Rabies vaccinations.
Every dog owner, after his or her dog attains the age of four months and/or within ten working days of purchasing a license, shall procure from a licensed veterinarian an anti-rabies vaccination to be administered in the manner prescribed or approved by the state of California Department of Public Health. This vaccination shall be obtained prior to issuing a license for the dog. In addition, proof of vaccination shall be provided to the licensing program. (Ord. 521 § 1 (part), 2005)
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6.04.040 Dog licenses.
A. Requirements. An annual license fee shall be paid for every dog over the age of four months owned or harbored in this jurisdiction. Such annual license fee shall be first due when the animal reaches four months of age or within sixty days after the dog is acquired, and due on the anniversary date of the original purchase date each year thereafter. New residents shall have sixty days in which to acquire such license. Persons renewing their license shall have thirty days following their due date before being delinquent and having to pay a late penalty. The fee for such license shall be as set forth in Section 6.04.290 of this chapter. The fee paid for the licensing of spayed or neutered dogs shall be less than such license fee for unaltered dogs upon presentation of the proper certification. The license fee paid by persons over the age of sixty shall be at a discount. For purposes of this section, any surcharge on the license fee imposed under Section 6.04.290 of this chapter shall not be considered part of the license fee. Any person who shall fail to pay such license fee after such fee is due, or such dog is required to be licensed, shall, in addition to paying any past due license fee or fees, also pay a penalty in accordance with Section 6.04.290 of this chapter. A license shall be obtained, but no license fee shall be payable for the licensing of any dog being raised, trained or used to assist handicapped persons (such as those provided by Canine Companions) including but not limited to any dog which is being trained for guide or hearing purposes by a resident of the county or used for guide or hearing purposes by a handicapped resident of the county and which has come from a guide or hearing dog training facility such as Canine Companions, or for dogs which have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of crime prevention or control. Dog licenses are not transferable between owners; however, if the dog dies and the owner acquires a new dog, the license is transferable to the new dog. The license does not have to be renewed until the original purchase anniversary date. The fee paid for a dog license is not refundable.
B. Exemptions. The licensing provisions in this title are not applicable to the following:
1. Dogs used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to Section 1666 of the Health and Safety Code;
2. Dogs used for teaching purposes in recognized educational institutions;
3. Dogs owned by veterinarians which are licensed by the state and kept on the premises used by such veterinarians in their practice;
4. Dogs kept by owners of pet shops for purposes of sale, for circuses, for animal exhibits or for other enterprises for which a business license has been granted by a local government.
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C. Tags. The licensing program shall procure plates or tags which bear the number of the license or registration. A record shall be kept with the name of the owner or possessor together with a description of the dog or wolf hybrid for which the license or registration is issued and the number of the license or registration, and a tag shall be provided to such person upon payment for such license or registration as provided by this chapter.
D. Duplicate Tags. Whenever a tag has been lost or stolen, the owner or possessor of the dog or wolf hybrid concerned may request a duplicate tag upon payment of the required fee and on making and subscribing to an affidavit of such loss and filing the same with the licensing program.
E. Wearing of Tag Required. The owner of a dog or wolf hybrid for which a license or registration is required shall affix such tag to a suitable collar, which collar shall remain on the dog or wolf hybrid at all times.
F. Alternative Identification/Implants. Animals with microchip implants or other permanent identification acceptable to animal control services shall not be required to wear a tag or collar. All other licensing and registration requirements of this section shall apply to such dog or wolf hybrid.
G. Records. The owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold shall keep a permanent record of the name, address and phone number of the purchaser of any dog or wolf hybrid along with the breed, color, sex and age of each animal sold or given away and shall forward such information to the animal control services within thirty days thereafter. An animal control officer shall have the right to inspect such records during normal business hours, with forty-eight hours’ prior notice to the owner or operator.
H. Veterinarian Responsibilities. Every veterinarian who vaccinates or causes or directs to be vaccinated in the county any dog or wolf hybrid with anti-rabies vaccine shall certify that such animal has been vaccinated.
Every veterinarian shall submit to the licensing authority a copy of the county-approved anti-rabies vaccination form, within ten days of the beginning of each month, for any dog or wolf hybrid which he or she vaccinates or directs to be vaccinated with anti-rabies during the previous month. An animal control officer or animal licensing officer shall have the right to inspect records of rabies vaccinations during normal business hours. (Ord. 521 § 1 (part), 2005)
6.04.045 Three-year licenses for dogs.
Notwithstanding Section 6.04.040 of this chapter, a three-year license may be obtained for a dog (excluding wolf hybrids) by submitting to the licensing program adequate proof of a three-year rabies vaccination of the
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animal to be licensed and payment of the applicable fees as set forth in Section 6.04.290 of this chapter. (Ord. 521 § 1 (part), 2005)
6.04.050 Wolf hybrid registration.
Requirements. An annual registration fee shall be paid for every wolf hybrid over the age of four months owned or harbored in unincorporated San Mateo County. Such registration fee shall be first due when the animal reaches four months of age or within sixty days after the animal is acquired, and due on the anniversary date of the original purchase date each year thereafter. All residents shall have sixty days in which to register their wolf hybrid. Persons renewing their registration shall have thirty days following their due date before being delinquent and having to pay a late penalty. The registration fee shall be as set forth in Section 6.04.290 of this chapter. The registration fee for spayed or neutered wolf hybrids shall be less than such registration fee for unaltered wolf hybrids. At the time of registration, the wolf hybrid owner must show proof that the animal has been given anti-rabies vaccination by a licensed veterinarian to be administered in the manner prescribed or approved by the state of California Department of Public Health. (Ord. 521 § 1 (part), 2005)
6.04.060 Public protection from dogs.
A. Every owner or possessor of a dog shall at all times prevent such dog from biting or physically harassing any person engaged in a lawful act and from interfering with the lawful use of public or private property.
B. Every owner or possessor of a dog shall at all times prevent such dog from causing substantial injury to another domestic animal while such domestic animal is lawfully upon public or private property. “Substantial injury” means any injury which results in veterinarian treatment or death.
C. Every owner or possessor of a dog shall desist from commanding or provoking such dog to attack, sic or threaten a person when such person is peaceably and lawfully upon public or private property.
D. Any person who violates any provision of subsections A, B or C of this section is guilty of a misdemeanor.
A trained dog assisting a peace officer engaged in law enforcement duties is excluded from this section.
E. Nothing in subsection A of this section shall authorize the bringing of a criminal action arising out of bite(s) upon or physical harassment of members of the dog owner’s or possessor’s household. (Ord. 521 § 1 (part), 2005)
6.04.070 Prohibited conduct.
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No owner or possessor of any animal shall cause or permit it to do any of the following:
A. To be upon any public street, sidewalk, park, school grounds, any public property or upon any unenclosed premises in this jurisdiction unless the animal is properly licensed, if such licensing is necessary hereunder, and under the control of the owner by being saddled, harnessed, haltered or leashed by a substantial chain, lead rope or leash, which chain, lead rope or leash shall be continuously held by some competent person capable of controlling such animal;
B. To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property or to habitually continue to trespass thereon; C. To suffer or permit such animal to habitually bark or meow or act in such a manner as to continuously disturb the peace of any citizen or to be a public nuisance; D. To be without proper and adequate food, water, shelter, care and attention as described in Section 597(f) of the Penal Code;
E. Subsection A of this section shall not be applicable to cats; F. To cause or permit an animal to enter any place of business wherein food or meat or vegetables of any kind are kept for sale or sold for human consumption;
G. To fail or exercise proper care or control of such animal so that the animal becomes a public nuisance by excessive, continuous or untimely barking, molesting of passersby, chasing vehicles, habitually attacking other domestic animals, trespassing upon school grounds, or trespassing upon private property in such manner as to damage property or running at large in public;
H. To permit a dog or cat to discharge such animal’s excreta on any public or private property other than the property of the owner of any dog or cat, if such owner, keeper or walker does not immediately thereafter remove and clean up such animal excreta from the public or private property; I. The provisions of subsection A of this section shall not apply in the following cases:
1. When a dog is accompanied by a person reasonably competent to restrain and control the dog in the following specified dog run areas so long as a person has no more than three dogs with him or her:
a. The fenced dog park in Boat Park near the corner of Foster City Boulevard and Bounty Drive,
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b. Designated off-leash areas at Catamaran, Edgewater, Boothbay, Farragut, and Sea Cloud Parks from five a.m. to eight a.m. on a daily basis and from five a.m. to nine a.m. in the designated area at Sea Cloud Park on Sunday only. (Ord. 562 § 1, 2011: Ord. 545 § 1, 2008; Ord. 521 § 1 (part), 2005)
6.04.080 Protection of animals in motor vehicles.
A. No person, other than an individual actually working a dog or other animal for ranching purposes, shall transport or carry on any public highway or public roadway any dog or other animal in a motor vehicle unless the dog or other animal is safely enclosed within the vehicle or protected by a cap or container, cage, cross- tether or other device to prevent the animal from falling from, being thrown from or jumping from such motor vehicle. As used in this section, “motor vehicle” includes, without limitation, automobile, pickup truck and trailer.
B. No person shall leave a dog or other animal in any unattended motor vehicle without adequate ventilation, sanitary conditions or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal’s health or safety.
C. Notwithstanding any other provision of this chapter, a violation of subsection A or B of this section shall be an infraction. Any animal control officer or law enforcement officer who witnesses such a violation shall have the right to impound the animal if, in his or her opinion, the animal’s health or safety is or will be thereby endangered. (Ord. 521 § 1 (part), 2005)
6.04.090 Release from confinement.
No person other than the owner or person authorized by the owner of the animal shall release any animal from any confinement, vehicle, leash or restraint unless such release is necessary to the immediate health and safety of the animal. This section shall not apply to peace officers or animal control officers. (Ord. 521 § 1 (part), 2005)
6.04.100 Dangerous animal permit required.
A. No person shall knowingly keep, have, maintain, sell, trade or let for hire an animal designated under the provisions of this chapter as dangerous without obtaining a dangerous animal permit from the animal control officer. The animal owner shall comply with all conditions of the dangerous animal permit including but not limited to all requirements of Section 6.04.120 of this chapter. Any animal which is determined to be dangerous
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under this chapter and for which a permit has not been obtained shall be surrendered to an animal control officer for appropriate disposition including humane destruction.
Animals declared dangerous because of an attack, without provocation, which requires a defensive action by any person to prevent bodily injury or that results in an injury to a person, are prohibited from remaining within the city. Additionally, no such dangerous animal shall be transferred into the city from another jurisdiction.
Violation of this requirement shall constitute a misdemeanor.
B. If an animal control officer or peace officer has investigated and determined that an animal is dangerous, the animal control officer and/or peace officer shall deliver written notice of such determination to the owner of the animal. Should the animal pose a threat to the public health and safety, an animal control officer may immediately impound the animal.
C. If, after investigation by an animal control officer or peace officer, that officer determines that probable cause does not exist to believe the animal is dangerous, any interested person may appeal that determination by submitting within five calendar days of the decision a written request to the animal control officer or peace officer for a hearing and paying the required fee. The hearing shall be conducted according to the procedures set forth in Section 6.04.115 of this chapter.
D. In determining whether or not an animal shall be declared dangerous, the animal control officer, peace officer or hearing officer appointed pursuant to Section 6.04.115 of this chapter may consider, as a mitigating factor or factors, whether, at the time of the injury, attack or molestation, the person or animal suffering the injury, attack or molestation:
1. Provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior;
2. Committed a wilful trespass or other tort upon the private property of the owner or caretaker of the animal;
3. Threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal;
4. Or any other mitigating factors deemed appropriate for consideration by the animal control officer, peace officer or hearing officer.
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E. Upon receipt of written or oral notification by the animal control officer and/or peace officer that an animal is dangerous as defined in this chapter, the owner shall submit an application for a dangerous animal permit to the animal control officer within five calendar days. The application for a permit shall contain the name of the applicant, applicant’s address, the applicant’s home and business phone numbers, the address and description of the proposed location of where the animal will be kept, if different from applicant’s, a complete description and a photograph of the animal. The permit shall contain all of the requirements of Section 6.04.120 of this chapter and any additional conditions or requirements deemed necessary by the animal control officer or peace officer to protect the public health or safety.
F. Should the owner of the animal wish to contest the dangerous animal designation, the owner may request a hearing to be conducted according to the procedures set forth in Section 6.04.115 of this chapter. The owner shall submit a written request for a dangerous animal hearing to the animal control officer and/or peace officer within five calendar days of written notification by the animal control officer and/or peace officer that the animal has been declared dangerous. Should the owner not submit a request for a hearing within five calendar days of notification, the hearing process shall be deemed waived by the owner, and the dangerous animal declaration will be considered final by the county director of the environmental services agency or the city having jurisdiction. In that event, the county director of the environmental services agency or the city having jurisdiction may allow the dangerous animal permit to be issued without a hearing. Unless a dangerous animal permit is immediately obtained, the animal shall be impounded at the owner’s expense pending appropriate disposition as determined by the animal control officer and/or peace officer. (Ord. 521 § 1 (part), 2005)
6.04.105 Declaration of vicious animals.
A. No person shall keep, have, maintain, sell, trade or let for hire an animal which has been designated as vicious pursuant to this chapter.
B. If an animal control officer and/or peace officer has investigated and determined that an animal is vicious, the animal control officer and/or peace officer shall deliver to the owner of the animal written notice of that determination. The animal control officer and/or peace officer shall immediately impound or cause to be impounded the animal and shall cause the animal to be humanely destroyed unless the owner requests a hearing under subsection C of this section.
C. If the owner of the animal disputes the designation of an animal as a vicious animal by the animal control officer and/or peace officer, (s)he may submit a written request for a hearing to the animal control officer and/or peace officer within five calendar days of notification. Such hearing shall be conducted according to the
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procedures set forth in Section 6.04.115 of this chapter. Failure of the owner to request a hearing shall result in the animal being declared vicious and humanely destroyed. The vicious animal declaration will be considered final by the county director of the environmental services agency or the city having jurisdiction.
D. If, after investigation by an animal control or peace officer, that officer determines that probable cause does not exist to believe that the animal is vicious, any interested person may appeal that determination by submitting within five calendar days of the decision a written request to the animal control officer or peace officer for a hearing and paying the required fee.
E. In determining whether or not an animal shall be declared vicious, the animal control officer, peace officer or hearing officer may consider, as a mitigating factor or factors, whether at the time of the injury, attack or behavior, the person or animal suffering the injury, attack or behavior for which the animal is being determined vicious:
1. Provoked, tormented, teased, abused or assaulted the animal thereby causing or contributing to the alleged behavior;
2. Committed a wilful trespass or other tort upon the private property of the owner or caretaker of the animal;
3. Threatened or committed an unjustified attack or assault against the owner, caretaker or person in control of the animal;
4. Or any other mitigating factors deemed appropriate for consideration by the animal control officer, peace officer or hearing officer. (Ord. 521 § 1 (part), 2005)
6.04.110 Issuance of permit for dangerous animal.
A. No permit obtained under this section is transferable. If the owner’s address or the location where the animal is kept changes or the owner transfers ownership of the animal, the permit shall become null and void and an application for a new permit must be submitted to the animal control officer.
B. A permit issued under this chapter is subject to renewal and approval each year and is subject to conditions and requirements existing as of the date of renewal. The permittee shall pay an annual fee for this permit pursuant to the procedures established by the division of animal control services. If the permittee fails to file an application for renewal or pay the permit fee prior to the permit anniversary date, the permit shall
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automatically become void. The fee for such permit shall be as set forth in Section 6.04.290 of this chapter.
This fee shall not be refundable.
C. If the owner or permittee has a history of multiple violations of this chapter or of the conditions of any previously issued dangerous animal permit, the animal control officer or hearing officer may deny the permit and impound the animal for appropriate disposition as determined by the animal control officer or hearing officer. (Ord. 521 § 1 (part), 2005)
6.04.115 Hearing procedures.
A. Hearings, except those provided for in Section 6.04.380, held under this chapter shall be conducted by a hearing officer or designated representative appointed by the director of the environmental services agency.
Because the city contracts with the county for animal control services, it may elect to utilize the services of any San Mateo County designated hearing officer to hold hearings under the city’s animal control ordinances. The hearings shall be scheduled no less than five working days and no more than fifteen working days from the receipt of the request for the hearing unless agreed upon by the involved animal control officer or peace officer and the animal owner. A hearing may be continued if the hearing officer deems it necessary and proper or if the owner, or animal control officer and/or peace officer show good cause.
B. The hearing shall be conducted in an informal manner consistent with due process of law. Both the owner of the animal and the animal control officer and/or peace officer may be represented by counsel. The parties may present relevant evidence and call and cross-examine witnesses. The strict rules of evidence shall not be applicable. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The hearing shall be tape-recorded and all documentary evidence submitted at the hearing shall be preserved. Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs.
C. The hearing officer may exclude disorderly or disruptive persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the hearing.
D. The hearing officer may decide all issues for or against the owner of the animal should the owner fail to appear at the hearing.
E. Within five working days of the hearing, the hearing officer shall render a brief written decision, which decision shall be final at the administrative level. The written decision shall be mailed to the parties by certified
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mail and include a declaration or proof of mailing which includes the date on which the decision was mailed to the parties.
F. Unless the hearing officer for good cause otherwise determines, the owner of the animal is liable for all costs related to such hearing not to exceed three hundred fifty dollars.
G. The failure to conduct a hearing required by this section shall have no bearing on any criminal prosecution for violation of any provisions of this chapter.
H. In the case of animals determined by an animal control officer or peace officer to be dangerous or vicious, the hearing officer may decide any or all of the following:
1. That the animal be designated “vicious” and the owner of the animal lose all rights of ownership and control of the animal and the animal shall be humanely destroyed;
2. That the animal be designated “dangerous” and the owner must apply for and obtain a dangerous animal permit as provided by this chapter within five calendar days of receipt of the decision letter in order to maintain the animal and the owner must comply with all mandatory dangerous animal permit rules and regulations as defined in Section 6.04.120 of this chapter. The hearing officer shall order that the animal be removed from the city or destroyed if declared dangerous because of an attack, without provocation, which requires a defensive action by any person to prevent bodily injury or that results in an injury to a person. If ordering removal or destruction of the animal, the hearing officer shall also order the animal to be immediately impounded or destroyed. The hearing officer shall also issue a dangerous animal permit, which permit shall state the restrictions applicable to the animal if it is removed from the city;
3. That the dangerous animal permit shall contain additional permit conditions to supplement the mandatory dangerous animal permit rules and regulations as defined in Section 6.04.120, including, but not limited to, the following:
a. That the owner keep the animal muzzled at all times when the animal is off the owner’s property,
b. That the owner prove financial responsibility by posting a bond or certificate of insurance for an amount consistent with the requirements set forth by the city council from time to time in the master insurance and indemnity requirements schedule,
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c. That the owner provide private behavioral and obedience training to the animal, at the owner’s expense and within the time set forth by the hearing officer following the issuance of a dangerous animal permit. Proof of participation, a report of behavioral assessment and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by the hearing officer shall be provided to the animal control officer within seven calendar days following any required training,
d. That the owner comply with any other permit requirement the hearing officer deems necessary to protect the public health or safety,
e. That the owner reimburse the victim for the victim’s medical expenses or the victim animal’s veterinary expenses,
f. Pursuant to Section 6.04.160 of this chapter, that the dangerous animal permit be modified as ordered by the hearing officer, or revoked and the animal humanely destroyed. (Ord. 632 § 3, 2020; Ord. 521 § 1 (part), 2005)
6.04.120 Mandatory dangerous animal permit requirements.
Any owner of a dangerous animal shall ensure compliance with the following rules and regulations which shall be mandatory requirements for any dangerous animal permit:
A. When the animal is off the property of its owner, the owner must ensure that the animal is muzzled and restrained with a leash not to exceed four feet in length and having a minimum tensile strength of three hundred pounds and shall be under the direct control and supervision of the owner or a person of such age, size and strength as can easily control such animal. Extraordinary care shall be taken by the owner to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other persons or animals.
B. The owner shall maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter person or other person who has the lawful right to enter the property.
C. The owner shall ensure that the animal is not kept upon any unenclosed premises unless it is leashed and muzzled and controlled by a person capable of controlling such animal. The owner shall ensure that the animal is not tethered, tied or staked at any unenclosed premises. The owner shall ensure that the animal is not kept
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in a house or structure when the windows or doors are open or screen doors are the only obstacle preventing the animal from exiting the structure.
D. The owner shall ensure that the animal is kept in a fenced yard, kennel, run or enclosure approved by the animal control officer or peace officer. The owner shall ensure that all structures used to confine the animals are locked with a key or combination lock when such animals are within the structure. The owner shall regularly inspect the fenced yard, kennel, run or enclosure to ensure that it is secure to maintain the animal.
E. The owner shall open premises upon which an animal is maintained at any reasonable hour for inspection by the animal control officer or peace officer and such premises shall be surrendered for inspection by the owner upon the request of the animal control officer or peace officer. The owner shall pay a fee for the costs incurred by county for the inspection or reinspection of property. Such fee shall be set forth in Section 6.04.290 of this chapter.
F. The owner of the dangerous animal shall post the entrances to the property where the animal is kept with a legible sign conspicuous to the public warning persons of the presence of a dangerous animal. The owner of the dangerous animal shall obtain an approved sign from the animal control program for a nonrefundable fee and shall surrender such sign in the event of the revocation of the permit, death of animal, or approved relocation of the animal, or upon any other reasonable demand by an animal control officer.
G. The owner of any dangerous animal must advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining such dangerous animal.
H. The owner shall strictly comply with all local and state laws regarding the care, use, control and maintenance of animals.
I. In addition to a license, the owner shall ensure that the animal shall at all times wear a separate tag issued by the division of animal control services which designates it as a dangerous animal. The owner shall ensure that the dangerous animal be microchipped and registered with the animal control program for a fee specified by Section 6.04.290 of this chapter within thirty calendar days from the date the permit was issued. The animal owner shall be responsible for payment of such fee which shall be utilized by the animal control program to offset the cost of the chip and to maintain the registration program.
J. The owner shall have the animal spayed or neutered by a licensed veterinarian, at the owner’s expense, within fifteen calendar days from the date the permit was issued. The owner shall present written proof to the
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animal control officer that the surgery was performed. In the event an animal cannot be safely spayed or neutered due to medical reasons, the owner shall present written proof from a licensed practicing veterinarian to the animal control officer that such animal cannot be spayed or neutered.
K. The owner may not sell, transfer or otherwise dispose of such animal to another county or city without notifying animal control at least twenty-four hours before such sale, transfer or disposal. Animal control will notify the proper authorities of the jurisdiction to which the dangerous animal is transferred. Should the owner of a dangerous animal wish to transfer ownership of the animal to another individual within San Mateo County, the new owner must submit to a property inspection, apply for and obtain a new dangerous animal permit, pay all requisite fees and comply with all provisions of this chapter and the requirements of the permit.
L. Animals declared dangerous because of an attack, without provocation, which requires a defensive action by any person to prevent bodily injury or that results in an injury to a person are prohibited from remaining within the city. Additionally, no such “dangerous animal” shall be transferred into the city from another jurisdiction. Violation of this requirement shall constitute a misdemeanor.
M. No more than two dangerous animals may be kept at any one household.
N. The owner shall not allow any animal designated “dangerous” as the result of aggression against human(s) to be kept on property or within a household in which a juvenile person under the age of eighteen resides.
O. The owner of a dangerous animal must notify the animal control officer of the animal’s death within twenty- four hours and shall produce the animal’s body for verification upon request. The owner of a dangerous animal must notify the animal control officer immediately in the event the animal becomes lost or stolen.
P. The owner must pay all permit and property inspection fees as described in Section 6.04.290 of this chapter.
Q. The owner shall comply with all other permit conditions or requirements imposed pursuant to Section 6.04.115 or 6.04.100(A) of this chapter. (Ord. 521 § 1 (part), 2005)
6.04.130 Violations.
A. A person violating any provision of this title shall be guilty of an infraction except as otherwise specifically provided in this section.
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B. A person violating any provision of Sections 6.04.100(A), 6.04.105(A) or 6.04.120(L) of this chapter shall be guilty of a misdemeanor. (Ord. 521 § 1 (part), 2005)
6.04.140 Possession of animals after revocation of dangerous animal permit or vicious declaration.
No person who has been determined to be in possession or ownership of a vicious animal or a dangerous animal for which a permit has been revoked under this chapter shall be granted any dangerous animal permit for a period of three years following such determination or revocation. (Ord. 521 § 1 (part), 2005)
6.04.150 Inspection fee.
A fee shall be charged for the costs incurred for inspections or reinspections of property. The fee charged shall be paid by the owner or person who has custody of the animal. Such fee shall be set forth in Section 6.04.290 of this chapter. (Ord. 521 § 1 (part), 2005)
6.04.160 Revocation or modification of permit.
A. Subject to the provision of subsection B of this section, any permit issued pursuant to this section may be revoked or modified by the inclusion of additional requirements or otherwise, if the animal control officer has reasonable cause to believe any of the following to be true:
1. The dangerous animal owner or any person the owner has allowed to have possession of the animal has violated any local animal ordinances, or is in violation of any zoning, health and safety or building ordinance or Penal Code section relating to the keeping, care or use of any animals;
2. The owner or any person the owner has allowed to have possession of the animal has violated any rules, regulations or conditions of this chapter including but not limited to dangerous animal permit conditions, or any requirement imposed by the animal control officer, peace officer or hearing officer as necessary to ensure the animal will not endanger the peace, health or safety of any person or property; or
3. The owner has changed the location of his or her residence or his or her place of business or sells, assigns, transfers, donates, leases or otherwise disposes of the animal for which the permit was issued.
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B. In the event that it is reasonably necessary to protect against a threat to the health or safety of the public, or of any animal, the animal control officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place.
C. If, after investigation, the animal control officer or peace officer concludes that it is probable that one or more of the above grounds for revocation or modification of the permit has occurred, the officer shall cause written notice thereof to be transmitted to the owner. Such notice shall specify the grounds of revocation or modification of the permit. Should the owner of the animal wish to contest the revocation or modification of the permit, (s)he may request a hearing to be held before a hearing officer not previously involved with the permit issuance or investigation, as designated by the director of the environmental services agency within five calendar days of receiving the notice of intent to modify or revoke permit. Such hearing date shall be not less than five working days or more than fifteen working days subsequent to the date the request for hearing is received. The hearing shall be conducted as set forth in Section 6.04.115 of this chapter. After the hearing, the officer conducting the hearing may modify the terms of the permit or revoke the permit depending upon the owner’s ability to comply with the requirements of this chapter and to control the animal so that the health, safety and property of the public are protected.
D. Upon written or oral notification by the animal control officer, or hearing officer if a hearing was held, of any modifications to a dangerous animal permit, the owner shall immediately comply with such modified permit requirements.
E. Upon written or oral notification by the animal control officer, or hearing officer if a hearing was held, of the revocation of a permit for a dangerous animal, the owner of such animal shall within two calendar days of such notification surrender such animal to an animal control officer to be humanely destroyed or provide written proof to an animal control officer in the form of declaration(s) under penalty of perjury that such animal has been permanently removed from the county of San Mateo and declaring the new location or new address where the animal is to be kept. (Ord. 521 § 1 (part), 2005)
6.04.170 Animals to be impounded.
A. Every animal kept or found by an animal control officer or peace officer under conditions which constitute a violation of this chapter or other state or local law may be impounded or caused to be impounded by an animal control officer or peace officer. The animal’s owner shall be charged with all costs incurred or fees applicable with respect to such impoundment.
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B. When the animal control officer or peace officer has reasonable cause to believe that any animal is dangerous or vicious, the animal control officer or peace officer may also impound or cause to be impounded the animal and keep it for such period not to exceed fifteen days in order to observe, examine and determine whether or not such animal is dangerous or vicious.
C. Any animal subject to dangerous or vicious animal proceedings may be impounded at the discretion of the animal control officer or peace officer pending notice, hearings and determinations hereunder and until any required permit is obtained.
D. Except as otherwise provided in this chapter or state law, an impounded animal may be redeemed by the owner, after payment of the required fees and charges and compliance with licensing requirements. In the event such animal is not so redeemed within the time set forth by state law, it may be disposed of in the manner determined by an animal control officer. (Ord. 521 § 1 (part), 2005)
6.04.180 Notice of impounded animals.
Within twenty-four hours of the impoundment of any animal, the animal control officer shall mail a written notice thereof to the place of business or residence of the owner of the animal if known. In the event the animal may not be redeemed as provided by Section 6.04.170(D) of this chapter, the owner may request a hearing under Sections 6.04.115(A) through (G) of this chapter or applicable state law. The animal control officer shall maintain records of such impoundment pursuant to Section 6.04.200 of this chapter. (Ord. 521 § 1 (part), 2005)
6.04.200 Record of impounded animals.
The animal control program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the person redeeming or purchasing, and the fees and charges and proceeds of sales received on account thereof, and such additional matters as may be necessary and incidental to implementing this chapter. Such records shall be kept for four years. (Ord. 521 § 1 (part), 2005)
6.04.210 Field return fee.
A fee shall be charged for any animal impounded by an animal control officer and returned by the officer in the field to the owner or person who has custody of the animal. The fee charged shall be paid by the owner or person who has custody of the animal. Such fee shall be set forth in Section 6.04.290 of this chapter. (Ord. 521 § 1 (part), 2005)
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6.04.220 Redemption.
Except as otherwise provided by this chapter or by any other law, the owner or person entitled to the control or custody of any animal impounded may, at any time before the sale or other disposition thereof, redeem the same by paying all proper fees assessed by animal control services. Animal control services shall issue to the owner duplicate receipts for the amount of the fee paid. (Ord. 521 § 1 (part), 2005)
6.04.230 Redemption fees.
Fees for animal shelter services shall be established and adopted by resolution of the city council as set forth in Section 6.04.290 of this chapter. No animal shall be released to its owner or possessor unless and until such fees are paid in full. (Ord. 521 § 1 (part), 2005)
6.04.240 License fee to be paid upon redemption.
No impounded dog may be redeemed unless and until its license fee and applicable penalty have been paid. (Ord. 521 § 1 (part), 2005)
6.04.250 Epidemics.
The county department of health services may determine and declare that rabies or other contagious diseases are epidemic or that other health and safety hazards exist among dogs or other animals in the jurisdiction within the county. Upon the making of such a declaration, the county health officer shall prepare and promulgate such orders, rules and regulations as are necessary for appropriate control of all the animals concerned within the county. Such rules and regulations of the county health officer may include, but are not limited to, impoundment, quarantine, vaccination or destruction. It shall be the duty of animal control officers to assist the county health officer in carrying out such rules and regulations. (Ord. 521 § 1 (part), 2005)
6.04.260 Bite reporting requirements.
It is the duty of every person having knowledge that any animal has bitten a human being to report that fact immediately to the county department of health services, animal control program or to the local law enforcement agency having jurisdiction. (Ord. 521 § 1 (part), 2005)
6.04.270 Quarantine fee.
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A fee shall be charged for the costs incurred by the county for the quarantine of animals including but not limited to investigation, inspection of property, confinement, examination and release of the animal from quarantine. The fee charged shall be paid by the owner or person who has custody of the animal. Such fee shall be in addition to the actual costs of the health officer or his or her designee in housing, feeding and otherwise caring for a quarantined animal. Such fee shall be set forth in Section 6.04.290 of this chapter. (Ord. 521 § 1 (part), 2005)
6.04.280 Service fees.
Animal control service fees for redemption of impounded animals, relinquishment, adoption, disposal, abatement, rescue, veterinary treatment or other services not specified in Section 6.04.290 of this chapter shall be reviewed by the director of environmental services agency or his or her designee for reimbursement of costs. The director of the environmental services agency or his or her designee shall have the authority to determine the fee charged for such services. The fee charged shall be paid by the owner or person who has custody of animal(s) for which such services have been provided. (Ord. 521 § 1 (part), 2005)
6.04.290 Schedule of fees and charges.
Animal control fees and charges shall be established and adopted by resolution of the city council. (Ord. 521 § 1 (part), 2005)
6.04.300 Penalty for violation.
Except as specifically stated elsewhere, any violation of the provisions of this chapter, including those provisions relating to required fees prosecuted as an infraction, shall be punishable as an infraction; the penalty for which shall be as follows:
A. A fine not exceeding one hundred dollars for a first violation; B. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; C. A fine not exceeding five hundred dollars of each additional violation of the same ordinance within one year. (Ord. 521 § 1 (part), 2005)
6.04.310 Use of license and other revenue.
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All revenues derived from the fee schedule and from fines, forfeitures and penalties related to the enforcement of this chapter shall be used to offset the cost of enforcement and administration of this chapter. (Ord. 521 § 1 (part), 2005)
6.04.320 Keeping of other animals prohibited.
It is unlawful to keep any of the following:
A. Any fowl, reptile or animal which normally lives in a wild habitat and is a curiosity to the local community, whether wild or domesticated at the time of its keeping; or B. Domestic fowl. (Ord. 638 § 1, 2021; Ord. 521 § 1 (part), 2005)
6.04.330 Keeping of other animals permitted.
The following animals may be kept:
A. Not more than two dogs and two cats of more than six months of age subject to the licensing requirements of this chapter;
B. The offspring of dogs and cats of the household up to the age of six months; C. Other household pets which are not kept outside. (Ord. 521 § 1 (part), 2005)
6.04.340 Permit required.
It is unlawful for any person to keep, maintain or cause to be kept or maintained any household pets not otherwise permitted in this section without having first obtained a permit for each type of animal. (Ord. 521 § 1 (part), 2005)
6.04.350 Permit—Application—Issuance.
A. Each application for a permit required under Section 6.04.340 of this chapter shall be accompanied by an accurate plot plan showing the location of the proposed facilities, building drawings showing the type of any kind of enclosure proposed, and the location of surrounding buildings. Each application shall state the number, species and the kind of household pets to be contained and such other and further information as the department shall require.
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B. The animal control officer or a representative from the city shall inspect the premises upon which the enclosure is to be located and determine that the proposed enclosure meets the conditions of this title, and that the issuance of a permit hereunder will not be detrimental to the public health, safety and welfare.
C. If, in the opinion of the animal control officer or representative from the city, it appears that the applicant will be in full conformance with this chapter and any other applicable ordinances, upon payment of the required fee, a permit expiring on June 30th next succeeding the date of application shall be issued. (Ord. 521 § 1 (part), 2005)
6.04.360 Permit—Fee.
The permit fee shall be established and adopted by resolution of the city council. (Ord. 521 § 1 (part), 2005)
6.04.370 Permit—Revocation.
Any permit granted under this chapter may be revoked or suspended in the following manner:
A notice of intention to revoke shall be mailed to the permittee specifying wherein he or she has failed to comply with this title or any other law, or with any terms or conditions specified in the permit, and requiring him or her to appear before the city manager at a date and hour specified not less than five days after the mailing of such notice to the permittee, and showing cause why the permit should not be revoked or suspended. At such time and place, the permittee shall have the right to appear in person or by counsel and introduce such evidence as he or she may desire. A permittee dissatisfied with the decision may appeal to the city council which shall hold a public hearing on the matter. The city council may continue the hearing from time to time.
The decision of the city council shall be final. (Ord. 521 § 1 (part), 2005)
6.04.380 Housing and keeping regulations.
A. The structure for the housing of such household pets shall not exceed eight feet in height.
B. The housing shall be located so that its nearest point is twenty feet or more distant from any dwelling, excluding that of the permittee, except as the permit may otherwise provide, for good cause shown.
C. The housing shall not be located within ten feet of any property line, except as the permit may otherwise provide for good cause shown.
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D. The housing shall be constructed of material and in a manner satisfactory to the health officer so that the housing is free from infestation of rats and other harmful and/or disease-carrying rodents and insects.
E. All such housing shall be sprayed with a standard disinfectant approved by the health officer or the animal control officer at least three times a year, once in March, July and October, and such other times as he or she may require.
F. All housing shall be kept in a clean and sanitary condition and all droppings or other debris shall be removed at least twice a week, or more frequently, if found necessary.
G. Feed bins and trays shall be provided in a manner not to attract insects, rodents or wild animals. (Ord. 521 § 1 (part), 2005)
6.04.390 Inspection.
The animal control officer or a representative from the city shall inspect the premises of each permittee at least once each year and at such additional times as he or she deems necessary. The refusal of the permittee hereunder to permit the animal control officer a reasonable right of inspection of the permittee’s premises and the structure for the housing of such household pet shall be just cause for the revocation of the permit. (Ord. 521 § 1 (part), 2005)
8.1 Attachment 3 - Current FCMC Chapter 6.04
252
Title 6 - ANIMALS
Chapter 6.08 - EXOTIC ANIMALS
San Mateo County, California, Code of Ordinances Page 1
Chapter 6.08 - EXOTIC ANIMALS
Sections:
6.08.010 - Declaration of intent.
The Board of Supervisors of San Mateo County hereby finds and declares that it intends to provide for the public health, safety and welfare through the regulation and control of exotic animals not otherwise regulated and controlled by Federal, State or local laws as hereinafter provided.
These animals are considered to be dangerous animals. Total confinement facilities are necessary to protect the public health and safety and to assure proper animal welfare.
Full compliance with both Federal and State regulations is necessary before any permit is considered.
Inquiries as to Federal and State regulations in regard to specific animal species shall be made to appropriate government bureaus or departments.
(Prior code § 3331.1; Ord. 2522, 07/18/78)
6.08.020 - Definitions.
For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
(a) "Exotic animal" shall mean any of the following:
(1) Following members of the Class Aves: Order Falconiformes (such as, but not limited to, hawks, eagles and vultures which are not kept pursuant to Federal or State permit), and Subdivision Ratitae (such as, but not limited to, ostriches, rheas, cassowaries and emus). (2) Following members of the Class Mammalia: Order Carnivora, expressly excepting the domestic dog (Canis familaries) and the domestic cat (Felis cattus) and including, but not limited to, the Family Felidae (such as ocelots, margays, lions, tigers, jaguars, leopards and cougars), the Family Canidae (such as wolves, dingos, coyotes and jackals), and Order Marsupialia (such as kangaroos and common oppossums, Didelphis marsupialia) and Order Chiroptera (bats) and Order Edentata (such as sloths, anteaters and armadillos), and Order Proboscidea (elephants) and Order Primata (including, but not limited to, monkeys, chimpanzees and gorillas) and Order Ungulata (including, but not limited to, antelope, deer, bison and camels).
(3) Any species of animal when kept, maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings.
(4) Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except honey producing bees. (b) "Venomous" shall mean having a gland for the secretion of venom able to inflict a poisoned bite, sting, or wound.
(c) "Owner" shall mean any person, firm or corporation owning, having an interest in, or having control, custody or possession of any exotic animal.
(d) "Person" shall include any person, partnership, corporation, trust, and association of persons.
8.1 Attachment 4 - County Code Chapter 6.08-Exotic Animals
253
Title 6 - ANIMALS
Chapter 6.08 - EXOTIC ANIMALS
San Mateo County, California, Code of Ordinances Page 2
(e) "Director" shall mean the Director of the Health System or his/her authorized deputy or representative.
(f) "Impound" shall mean to take possession of and hold in the custody of the director. (Prior code § 3331.2; Ord. 2522, 07/18/78; Ord. 3301, 03/12/91; Ord. 3308, 03/12/91; Ord. 4438, 09/09/08)
6.08.030 - Permit required.
No person shall own or keep any exotic animal without first applying to and receiving from the Planning and Building Department a use permit to do so. Section 6315(u) San Mateo County Ordinance Code, Zoning Annex.
The application for a Health System permit shall contain the name of the applicant, his address, the address of the proposed location of the exotic animal, (if different from the applicant's) and a brief description of the applicant's plan for keeping the exotic animal which shall include the species of animal, the number of individuals of each species and a description of the housing facilities, for the exotic animal, and the reason for the keeping of such animal.
Health System Permit fees for keeping of exotic animals shall be established by resolution of the Board of Supervisors. The initial Health System fee shall be a filing fee for the issuance of each Health System permit. Each permit shall be valid for a peri od of one year from the date of issuance unless revoked or suspended. The fee may cover either one exotic animal or a collection, and the maximum number of specimens permitted to be kept shall be specified in the permit. Whenever a new exotic animal or collection is added so as to exceed the maximum number permitted, a new Health System permit must be secured and a new fee shall be due and payable at the time of issuance of the permit.
Whenever, in any given Health System permit year, there are new exotic animals in a collection due to the reproduction of members of the collection or due to trade, exchange, or replacement in the same number and of the same zoological order as the members of the collection traded, exchanged or replaced, the new exotic animals do not require an additional permit during that year, provided the Director is notified in writing of the new exotic animals within thirty days of acquisition. (Prior code § 3331.3; Ord. 2522, 07/18/78; Ord. 4405, 01/08/08; Ord. 4438, 09/09/08)
6.08.040 - Health department permit renewal.
Each succeeding year a renewal permit shall be obtained by a holder of a permit to keep exotic animals. The fee for the issuance of a renewal permit shall be the same as that fee currently chargeable for an initial permit, and it is due and payable each ye ar on the anniversary of the date of the issuance of the initial permit. If during the preceding year or years, more than one initial permit has been issued an applicant, the former permits may be consolidated so that only one renewal permit is required; p rovided, however, that the renewal data for the consolidated permit shall be the date of the issuance of the earliest initial permit.
A renewal fee for an exotic animal Health System permit shall become delinquent ninety days after it becomes due and payable, and upon delinquency, an additional delinquent fee established by resolution of the Board of Supervisors shall be added to the reg ular fee. An unpaid delinquent fee shall be added to a succeeding year's renewal fee.
(Prior code § 3331.4; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
8.1 Attachment 4 - County Code Chapter 6.08-Exotic Animals
254
Title 6 - ANIMALS
Chapter 6.08 - EXOTIC ANIMALS
San Mateo County, California, Code of Ordinances Page 3
6.08.050 - Approval of application.
Upon receipt of an application for an initial permit, the Director shall make any investigation deemed proper. The Director shall approve an application if all of the findings specified below are made.
Alternatively, the application may initially be forwar ded to the Public Works and Planning and Building Departments of the County or any other appropriate agency if the Director, in his/her discretion, concludes that the assistance of such departments/agencies is necessary in order for the Director to approve the application. Designated employees of those departments shall ascertain whether or not the applicant's plan is in conformity with the law administered by these departments. If the applicant's plan is in conformity with the law administered by said depa rtments, their approval shall be indicated on the face of the application.
If the applicant's plan is not in conformity with the law administered by said departments, the face of the application shall be marked "Not Approved" and the reason for non-approval noted thereon, along with any revisions or changes in the applicant's plan which if made would result in approval by the department in question.
Upon approval by said departments of the application for an initial Health System permit or upon the receipt of an application for a renewal permit, the Director shall make any investigation deemed proper.
The Director shall approve an application if he/she finds all of the following:
(a) The keeping of the exotic animal at the location specified in the application will not violate any ordinance or other regulation of this County or any law of the State; (b) The keeping and maintenance of the exotic animal will not endanger the peace, health, or safety of persons in the immediate vicinity, or in the County as a whole; (c) The premises and housing where the exotic animal is to be kept are in clean and sanitary condition, and any exotic animal will not be subject to suffering, cruelty or abuse; (d) The applicant has not had a Health System permit, issued pursuant to this chapter, revoked within a year prior to the date of application;
(e) The keeping and maintenance of the exotic animal does not constitute a public nuisance. (Prior code § 3331.5; Ord. 2522, 07/18/78; Ord. 4405, 01/08/08; Ord. 4438, 09/09/08)
6.08.060 - Revocation and suspension.
Any Health System permit issued pursuant to this chapter may be revoked, if, after investigation and a duly noticed hearing, the Director finds any of the following to be true:
(a) The permittee, his agent or employee has been convicted of any offense involving the violation of sections 596 to 599 inclusive, of the Penal Code or is in violation of any zoning, health and safety or building ordinance relating to the keeping of exotic animals; or (b) The permittee has failed to keep and maintain the premises or housing for the exotic animals in a clean and sanitary condition; or
(c) The permittee has at the place for which the permit is issued, failed to provide any exotic animal with proper food, water, shelter or attention; or
(d) The permittee has violated any rules, regulations or conditions adopted by the Director as necessary to insure the exotic animal will not endanger the peace, health or safety of any person or property; or,
(e) The permittee has changed the location of his residence or his place or business or sells, assigns, transfers, donates, leases, or otherwise disposes of the exotic animal for which the permit was issued.
8.1 Attachment 4 - County Code Chapter 6.08-Exotic Animals
255
Title 6 - ANIMALS
Chapter 6.08 - EXOTIC ANIMALS
San Mateo County, California, Code of Ordinances Page 4
If, after investigation, the Director concludes that it is probable that one or more of the above grounds for revocation has occurred, he/she shall cause written notice thereof to be transmitted by registered mail to the address of the permittee. Said noti ce shall specify the grounds of possible revocation of the Health System permit and shall specify a date and time for an informal hearing to be held before the Director thereon. Said date shall be not less than five days subsequent to the date of deposit o f the notice in the mail.
After the informal hearing, the Director may modify the terms thereof or revoke the Health System permit depending upon the permittee's ability and/or willingness to comply with the requirements of this chapter.
In the event that it is reasonably necessary to protect against an immediate threat or danger to the public and/or animals' health or safety, the Director may suspend any Health System permit summarily, without a hearing, for a period not to exceed thirty days. (Prior code § 3331.6; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
6.08.070 - Inspection.
Health System permits issued pursuant to the provisions of this chapter shall be surrendered for inspection by the permittee upon the request of the Director.
The Health System permit shall provide that as a condition for issuance, the premises on which an exotic animal is maintained shall be opened at any reasonable hour for inspection by the Director or his/her Designee.
(Prior code § 3331.7; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
6.08.080 - Impoundment.
The Director or his/her Designee shall have the authority to enter the premises at any reasonable hour in a lawful manner, and to take up, impound, and safely keep an exotic animal upon denial, revocation, or suspension of a Health System permit or when any owner refuses to apply for a permit. (Prior code § 3331.8; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
6.08.090 - Rules and regulations.
The Director may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of this chapter. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any Health System any permit provided for in this chapter. (Prior code § 3331.9; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
6.08.100 - Exemptions.
The provisions of this chapter are not applicable to the following:
(a) Owners who use animals for diagnostic purposes or research, and who have a valid permit issued by an appropriate State and/or Federal agency and whose animals are kept on the premises specified in the permit.
(b) Owners of establishments which treat or board animals on the premises and which are owned or operated by veterinarians licensed by the State of California.
8.1 Attachment 4 - County Code Chapter 6.08-Exotic Animals
256
Title 6 - ANIMALS
Chapter 6.08 - EXOTIC ANIMALS
San Mateo County, California, Code of Ordinances Page 5
(c) Owners of establishments licensed to keep animals for the purpose of resale whose animals are kept on the premises of such establishment or other authorized place. (Prior code § 3331.10; Ord. 2522, 07/18/78)
6.08.110 - Appeals.
Any person aggrieved by any decision or action resulting from the application of this ordinance may appeal to the Board of Supervisors within 5 days from the date of Health System permit denial. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation.
(Prior code § 3331.11; Ord. 2522, 07/18/78; Ord. 4438, 09/09/08)
8.1 Attachment 4 - County Code Chapter 6.08-Exotic Animals
257
Title 6 - ANIMALS
Chapter 6.08 - EXOTIC ANIMALS
San Mateo County, California, Code of Ordinances Page 6
8.1 Attachment 4 - County Code Chapter 6.08-Exotic Animals
258
Prepared Date 12/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/6
Report Number 17
Check Date Check Number Vendor Name Description Check Amount 12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
150647
150648
150649
150650
150651
150652
150653
A PLUS TREE LLC TREE SERVICES 1,288.11
92.97AAA BUSINESS SUPPLIES & INTERIORS
ALYSSA GANZON
OFFICE SUPPLIES
ROOM DEPOSIT REFUND - LAGOON ROOM
MISCELLANEOUS SUPPLIES - PARKS PROGRAM
GROUND SQUIRREL CONTROL
450.00
98.43AMAZON CAPITAL SERVICES, INC.
ANIMAL DAMAGE MANAGEMENT, INC.
ARLENE GONZALES
350.00
256.03
40.14 EMPLOYEE REIMBURSEMENT: ARLENE GONZALES
BAYSIDE BUILDING MATERIALS MISCELLANEOUS MATERIALS & SUPPLIES - PARKS
PROGRAM
12/14/2023 150654 BKF ENGINEERS CIP695: LIFT STATION 59 EFFLUENT LINE 1,902.00 IMPROVEMENTS - PROFESSIONAL SERVICES: OCTOBER
2023
12/14/2023
12/14/2023
150655
150656
BRADY INDUSTRIES MISCELLANEOUS SUPPLIES - PARKS PROGRAM 1,670.86 BURKE, WILLIAMS & SORENSEN, LLP CIP657: LEVEE PROTECTION PLANNING & 109,508.00
IMPROVEMENT PROJECT, WASTE WATER ISSUES, CITY
ATTORNEY SERVICES, SOLID WASTE AGREEMENT,
PROFESSIONAL SERVICES: UP2023-0079, DA2023-0002 -
SEPTEMBER & OCTOBER 2023
12/14/2023 150657 CAL-WEST LIGHTING & SIGNAL MAINTENANCE INC
STREET LIGHT REPAIR AND TRAFFIC SIGNAL
MAINTENANCE
9,447.96
12/14/2023
12/14/2023
12/14/2023
12/14/2023
150658
150659
150660
150661
CLARK PEST CONTROL OF STOCKTON INC PEST AWAY SERVICE 353.00 258.50CODE PUBLISHING, LLC MUNICIPAL CODE UPDATE
COMPLIANCE SERVICES LLC
CONSOR NORTH AMERICA INC
ANNUAL LICENSE FEE: 1/1/2024 - 12/31/2024 5,500.00
3,706.75CIP660: WATER TANK IMPROVEMENTS - PROFESSIONAL
SERVICES: OCTOBER 2023 AND CIP690: SEISMIC
IMPROVEMENTS - PROFESSIONAL SERVICES:
SEPTEMBER & OCTOBER 2023
12/14/2023 150662 CONTRACT SWEEPING SERVICES STREET CLEANING SERVICES - OCTOBER & NOVEMBER 2023
21,000.00
12/14/2023
12/14/2023
150663
150664
COOKING ROUND THE WORLD
CORE & MAIN LP
INSTRUCTOR FEE: EVERYTHING BUT THE TURKEY 1,230.00
3,453.51MISCELLANEOUS SUPPLIES - WATER PROGRAM
9.1 Warrant Register Report FY 2023-2024 Number 17 - December 14, 2023
259
Prepared Date 12/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/6
Report Number 17
Check Date Check Number Vendor Name Description Check Amount 12/14/2023
12/14/2023
150665
150666
CORY CALL EMPLOYEE REIMBURSEMENT: CORY CALL 647.26
COUNTY OF SAN MATEO PUBLIC SAFETY
COMMUNICATIONS
MESSAGE SWITCH: OCTOBER - DECEMBER 2023 4,088.75
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
150667
150669
150670
150671
150672
150673
150674
150675
150676
150677
150678
150679
CREATE MIX & MINGLE INSTRUCTOR FEE: ACRYLIC PAINTING
LANGUAGE TRANSLATORS
264.00
11.05CYRACOM INTERNATIONAL INC
DAVID LIU EMPLOYEE REIMBURSEMENT: DAVID LIU
DOGGIE BAGS
80.06 DOG WASTE DEPOT 3,698.39
1,569.50
90.87 ELDORADO FORKLIFT COMPANY
ERIK HANAN
MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM
EMPLOYEE REIMBURSEMENT: ERIK HANAN
ROOM DEPOSIT AND RENTAL REFUND - GULL ROOM
HOLIDAY LUNCHEON CATERING - 12/13/23
WATER SERVICES: NOVEMBER 2023
ERIKA AVELAR 408.00
4,711.13
3,997.21
ESPOSTO'S INC
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
EWING IRRIGATION PRODUCTS
FORELAND PARTS INC.
FOSTER CITY ISLANDER
MISCELLANEOUS MATERIALS & IRRIGATION SUPPLIES
AUTO PARTS
1,551.52
60.95 ADVERTISEMENT: UP2023-0075, RZ2023-0008,
AMENDMENT TO VARIOUS TITLE 17 CHAPTERS, UP2023-
0063, UP2023-0014, AND UP2023-0079
1,160.00
12/14/2023
12/14/2023
12/14/2023
150680
150681
150682
GAWFCO ENTERPRISES INC
GP CRANE & HOIST SERVICES
GRAINGER
CARWASH SERVICES - NOVEMBER 2023 253.84
506.67
678.91
CAL/OSHA CRANES SERVICES
MISCELLANEOUS SUPPLIES - BUILDING AND PARKS
PROGRAM
12/14/2023
12/14/2023
150683
150684
GRANITE ROCK COMPANY MISCELLANEOUS SUPPLIES - SEWER PROGRAM 641.78 GREENTECH LANDSCAPE SERVICES HIP LANDSCAPING SERVICES: OCTOBER - NOVEMBER 2023
2,000.00
12/14/2023 150685 GROUP4 ARCHITECTURE RESEARCH +PLAN CIP678: RECREATION CENTER PROJECT SUPPORT - PROFESSIONAL SERVICES: OCTOBER 2023
MISCELLANEOUS SUPPLIES - WATER PROGRAM
308,886.40
12/14/2023
12/14/2023
12/14/2023
150686
150687
150688
HACH COMPANY
HARRELL'S LLC
555.58
700.67
183.91
AGRICULTURAL SUPPLIES
EQUIPMENT RENTALHERC RENTALS INC
9.1 Warrant Register Report FY 2023-2024 Number 17 - December 14, 2023
260
Prepared Date 12/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/6
Report Number 17
Check Date Check Number Vendor Name Description Check Amount 12/14/2023 150689 HF&H CONSULTANTS, LLC. 2023 SOLID WASTE FRANCHISE FEE ANALYSIS AND 11,886.25 COST REVIEW - PROFESSIONAL SERVICES: AUGUST -
SEPTEMBER 2023
12/14/2023
12/14/2023
150690
150691
HIP HOUSING AFFORDABLE VENTURES INC
HOME DEPOT CREDIT SERVICES
WORKFORCE MANAGEMENT FEES: NOVEMBER 2023 5,438.60
3,607.93MISCELLANEOUS MATERIAL & SUPPLIES - PARKS,
BUILDING, SEWER, STREETS, & WATER PROGRAMS
EARLY RELOCATION ASSISTANCE PROGRAM (ERAP)
SERVICES: NOVEMBER 2023
12/14/2023
12/14/2023
150692
150693
HOUSING INDUSTRY FOUNDATION 154.59
INTERSTATE BATTERY SYSTEM OF SAN
FRANCISCO
BATTERIES FOR DOOR SYSTEMS 1,014.64
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
150694
150695
150696
150697
150698
150699
150700
150701
150702
150703
150704
150705
150706
150707
150708
150709
150710
150711
IT'S PERSONNEL HR SUPPORT - OCTOBER 2023 787.50
270.88J. SNELL & CO., INC. TIME STAMP MACHINE REPAIR
JACK TURNER EMPLOYEE REIMBURSEMENT: JACK TURNER
SMART CONTROLLER REBATE
121.29
JAMES POWERS 142.18
JESSICA LO PARK RENTAL FEE REFUND 161.20
JOHN HSIEH SOLAR REBATE 1,000.00
26,615.50
250.00
JULIO CLEANING AND MAINTENANCE
KATHERINE MENDOZA
LANGUAGE LINE SERVICES
LYNDSEY CASTRO
JANITORIAL SERVICES: DECEMBER 2023
EMPLOYEE REIMBURSEMENT: KATHERINE MENDOZA
TRANSLATION SERVICES 329.94
EMPLOYEE REIMBURSEMENT: LYNDSEY CASTRO
HOUSING ELEMENT IMPLEMENTATION SERVICES
PARK BENCH
122.62
MICHAEL BAKER INTERNATIONAL INC.
MIRACLE PLAYSYSTEMS, INC.
MISSION CLOUD SERVICES, INC
MISSION LINEN SUPPLY-UNIFORM
MUNICIPAL MAINTENANCE EQUIPMENT INC.
MMANC
5,130.00
1,117.50
2,000.00
800.52
CALOPPS SUPPORT SERVICES: DECEMBER 2023
LAUNDRY SERVICES
SEWER JET MAINTENANCE 3,052.44
95.00MEMBERSHIP RENEWAL - ANDRA LORENZ
MISCELLANEOUS SUPPLIES - PARKS PROGRAM
SEWER LINE REPAIR AT BAY WINDS PARK
NBC SUPPLY CORP 315.00
NESS BACKFLOW & PLUMBING 1,750.00
9.1 Warrant Register Report FY 2023-2024 Number 17 - December 14, 2023
261
Prepared Date 12/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/6
Report Number 17
Check Date Check Number Vendor Name Description Check Amount 12/14/2023
12/14/2023
150712
150713
NETFILE INC ANNUAL NETFILE SUBSCRIPTION: 8/28/23 - 8/28/24 4,400.00 250.00NWESTCO LLC OPERATOR INSPECTION FOR LIFT STATION #29 AND
FUEL SYSTEM OPERATOR INSPECTION
FIRE ALARM INSPECTION12/14/2023
12/14/2023
12/14/2023
12/14/2023
150714
150715
150716
150717
PACIFIC AUXILIARY FIRE ALARM COMPANY
PACIFIC GAS & ELECTRIC COMPANY
PACIFIC OFFICE AUTOMATION, INC
PEN MEDIA
1,376.00
2,500.25
413.68
ELECTRICITY
COPIER USAGE CHARGES
CITY COUNCIL & PLANNING COMMISSION MEETINGS
VIDEO SERVICES: NOVEMBER & DECEMBER 2023
PRESSURE WASHING SERVICES
4,354.00
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
150718
150719
150720
150721
150722
150723
150724
150725
150726
150727
150728
150729
150730
150731
PENINSULA POWER WASH 2,075.00
1,194.00
1,996.81
195.08
PENINSULA SPORTS OFFICIALS ASSOC.
PIONEER MANUFACTURING COMPANY INC
POLLARDWATER
ADULT SOFTBALL UMPIRES
MISCELLANEOUS SUPPLIES - PLAYFIELDS
MISCELLANEOUS SUPPLIES - WATER PROGRAM
ENGRAVED NAME TAGSPRECISION ENGRAVERS INC
PRUDENTIAL OVERALL SUPPLY
PTM DOCUMENT SYSTEMS, INC
READYREFRESH BY NESTLE
REBECCA O. ECKER
190.53
TOWEL/UNIFORM LAUNDRY SERVICES
TAX FORMS
302.42
531.92
DRINKING WATER - SEPTEMBER 2023
SYNTHETIC TURF REBATE
261.71
1,400.00
145.00ROSE GUTIERREZ CLASS REFUND: TENNIS
SAN MATEO COUNTY CONTROLLER'S OFFICE PARKING CITATION PROCESSING - NOVEMBER 2023 656.30 SAN MATEO CONSOLIDATED FIRE DEPARTMENT FIRE PLAN REVIEW FEES - OCTOBER 2023 10,960.00 394.58SAN MATEO LAWN MOWER SHOP MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM
SAN MATEO RESOURCE CONSERVATION
DISTRICT
SB1383 SMRCD COMPOST PROGRAM: JULY -
SEPTEMBER 2023
5,260.50
12/14/2023
12/14/2023
150732
150733
SCELZI EQUIPMENT INC TRUCK BODY PARTS 82.36
SCHAAF & WHEELER CONSULTING CIP657: LEVEE PROTECTION PLAN AND IMPROVEMENT:
OCTOBER 2023
27,936.03
12/14/2023 150734 SHIMMICK CONSTRUCTION COMPANY INC CIP657: LEVEE PROTECTION PLAN AND IMPROVEMENT:
NOVEMBER 2023
305,047.37
9.1 Warrant Register Report FY 2023-2024 Number 17 - December 14, 2023
262
Prepared Date 12/14/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/6
Report Number 17
Check Date Check Number Vendor Name Description Check Amount 12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
150735
150736
150737
150739
150740
150741
150742
150743
T-MOBILE CELLULAR SERVICES - NOVEMBER 2023 3,116.53
1,875.00THE BANK OF NEW YORK MELLON
THERMAL MECHANICAL INC.
TOWNE FORD SALES
ADMINISTRATION FEES: AUG 4, 2023 - NOV 3, 2023
HVAC SYSTEM REPAIR AND PREVENT MAINTENANCE
AUTO PARTS
4,255.69
712.85
747.48
7,229.30
126.94
950.48
TRACY AVELAR EMPLOYEE REIMBURSEMENT: TRACY AVELAR
CIP657: LEVEE IMPROVEMENTS - NOVEMBER 2023
CITATION PROCESSING - NOVEMBER 2023
TRIPEPI, SMITH & ASSOCIATES, INC.
TURBO DATA SYSTEM, INC.
UPCODES INC UPCODES LICENSES FOR COMMUNITY DEVELOPMENT
DEPARTMENT - BUILDING DIVISION
12/14/2023
12/14/2023
150744
150745
URBAN INSIGHT, INC. CALOPPS TECHNOLOGY SERVICES - NOVEMBER 2023 2,500.00 4,200.00URBAN PLANNING PARTNERS INC. OBJECTIVE DESIGN STANDARDS - PROFESSIONAL SERVICES: AUGUST 2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
12/14/2023
150746
150747
150748
150749
150750
UTILITY TELECOM GROUP, LLC
VALLEY OIL COMPANY
VIJAY DODD
TELECOMMUNICATION SERVICES 4,257.77
27,925.54
1,000.00
1,471.64
3,876.83
GAS
SOLAR REBATE
VISION SERVICE PLAN - (CA)
WARMAN SECURITY
VISION PREMIUM: DECEMBER 2023
POWER SUPPLIES REPLACEMENT & LABOR
998,304.80
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON DECEMBER 14, 2023
9.1 Warrant Register Report FY 2023-2024 Number 17 - December 14, 2023
263
Prepared Date 12/15/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/6
Report Number 18
Check Date Check Number Vendor Name Description Check Amount 12/15/2023 150751 CSG CONSULTANTS INC. CIP693: CITY ROOF REPLACEMENT, CIP705: EMERGENCY GENERATOR REPLACEMENT, CIP704: WATER METER
REPLACEMENT, UP2023-0010 TO UP2023-0089, D559
GILEAD 346 CONSTRUCTION INSPECTION, D548 FAMILY
DENTAL, D542 PILGRIM TRITON - PHASE 3, D555 GILEAD
342 LAKESIDE, D559 GILEAD 346 LAKESIDE, D561 GILEAD
NRC - 331 LAKESIDE
16,668.75
16,668.75
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON DECEMBER 15, 2023
9.1 Warrant Register Report FY 2023-2024 Number 18 - December 15, 2023
264
Prepared Date 12/27/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/6
Report Number 19
Check Date Check Number Vendor Name Description Check Amount 12/27/2023
12/27/2023
12/27/2023
12/27/2023
12/27/2023
12/27/2023
150752
150753
150754
150755
150756
150757
AAA BUSINESS SUPPLIES & INTERIORS
AARON IKEZAWA
OFFICE SUPPLIES 254.98
190.00CLASS REFUND: TENNIS
ALL AMERICAN SEWER TOOLS
ANTHONY PADILLA
MISCELLANEOUS SUPPLIES - SEWER PROGRAM
EDUCATION REIMBURSEMENT: ANTHONY PADILLA
K9 DRAKE PAIN MEDICATION AND SURGERY COST
1,262.18
289.00
ARAGON VETERINARY CLINIC
AREOF VI US PILGRIM-TRITON, LLC
5,352.85
EARLY RELOCATION ASSISTANCE PROGRAM (ERAP) -
KIRAN KHAN
2,314.98
12/27/2023
12/27/2023
150758
150759
BADAWI & ASSOCIATES CITY AUDIT SERVICES - FY23/24 3,277.50 1,952.00BAY AREA AIR QUALITY MANAGEMENT DISTRICT PERMIT TO OPERATE LIFT STATION #59: 2/1/2024 - 2/1/2025
12/27/2023 150760 BKF ENGINEERS CIP695: LIFT STATION 59 EFFLUENT LINE IMPROVEMENTS - PROFESSIONAL SERVICES: OCTOBER
30, 2023 - NOVEMBER 26, 2023
930.00
12/27/2023
12/27/2023
12/27/2023
150761
150762
150763
BLANKINSHIP & ASSOCIATES, INC.
BRADY INDUSTRIES
LAGOON MANAGEMENT PROGRAM 2,988.75
1,535.11
13,196.45
MISCELLANEOUS SUPPLIES PARK PROGRAM
BURKE, WILLIAMS & SORENSEN, LLP CIP657: LEVEE PROTECTION PLANNING & IMPROVEMENT PROJECT - PROFESSIONAL SERVICES:
OCTOBER 2023; SOLID WASTE AGREEMENT
12/27/2023
12/27/2023
150764
150765
BURWELL, TAMMERLAINE INSTRUCTOR FEE: CERAMICS 513.89
426.25CAL-WEST LIGHTING & SIGNAL MAINTENANCE INC LIGHTING REPAIRS 12/27/2023
12/27/2023
12/27/2023
150766
150767
150768
CHEMSEARCH ECOFLOW BIOAMP PROGRAM 2,009.77
199.94CINTAS CORPORATION
CITY OF SAN MATEO
UNIFORM/LAUNDRY SERVICES
WASTEWATER TREATMENT PLANT OPERATIONS &
MAINTENANCE: JULY - SEPTEMBER 2023
PEST AWAY SERVICE
601,543.03
12/27/2023
12/27/2023
150769
150770
CLARK PEST CONTROL OF STOCKTON INC
COLMA FIREMEN'S SOCIAL CLUB
826.00
240.00COUNCIL OF CITIES DINNER MEETING: JON FROOMIN,
ART KIESEL, SAM HINDI, AND PATRICK SULLIVAN
12/27/2023 150771 CORODATA RECORDS MANAGEMENT INC OFF-SITE RECORDS STORAGE 131.79
9.1 Warrant Register Report FY 2023-2024 Number 19 - December 27, 2023
265
Prepared Date 12/27/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/6
Report Number 19
Check Date Check Number Vendor Name Description Check Amount 12/27/2023 150772 CWEA MEMBERSHIP RENEWAL: MATTHEW CULLEN AND JACOB MARZOLF; CERTIFICATION RENEWAL: JUSTIN LEVERS
540.00
12/27/2023
12/27/2023
12/27/2023
150773
150774
150775
EARL'S PEST CONTROL PEST CONTROL - 501 PILGRIM 975.00
11,305.42
1,473.80
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
EWING IRRIGATION PRODUCTS
WATER SERVICES: SEPTEMBER - NOVEMBER 2023
MISCELLANEOUS MATERIALS & IRRIGATION SUPPLIES -
PARKS PROGRAM
12/27/2023
12/27/2023
12/27/2023
12/27/2023
12/27/2023
150776
150777
150778
150779
150780
FELIPE GARCIA VISION REIMBURSEMENT: FELIPE GARCIA 179.24
23.46FORELAND PARTS INC.
FREYER & LAURETA, INC.
GRAINGER
AUTO PARTS
CIP705: EMERGENCY GENERATOR REPLACEMENT
MISCELLANEOUS SUPPLIES - BUILDING PROGRAM
15,480.77
431.42
GRIET VAN ROEY CLASS REFUND - JUNIOR AICHEMISTS: CHEMISTRY FOR KIDS
165.00
12/27/2023
12/27/2023
150781
150782
HACH COMPANY MISCELLANEOUS SUPPLIES - WATER PROGRAM 390.42 547.50HF&H CONSULTANTS, LLC. 2023 SOLID WASTE COST ANALYSIS - PROFESSIONAL SERVICES: NOVEMBER 2023
12/27/2023
12/27/2023
12/27/2023
150783
150784
150785
HIGHERGROUND, INC. CAPTURE911 VOICE RECORDER HARDWARE &
INSTALLATION SERVICES
MISCELLANEOUS MATERIAL & SUPPLIES - PARKS,
BUILDING, SEWER, & WATER PROGRAMS
DISPATCH PREMISE EQUIPMENT MAINTENANCE
RENEWAL: 9/4/2023 - 9/3/2024
11,978.30
5,027.77
18,714.75
HOME DEPOT CREDIT SERVICES
INTRADO LIFE & SAFETY INC
12/27/2023
12/27/2023
12/27/2023
12/27/2023
12/27/2023
150786
150787
150788
150789
150790
JAMES GERANIOS
JOHN TAM
EMPLOYEE REIMBURSEMENT: JAMES GERANIOS 166.59
3,952.00
62.15 SYNTHETIC TURF REBATE
KEVIN ORTIZ EMPLOYEE REIMBURSEMENT: KEVIN ORTIZ
LANDSCAPE MAINTENANCE FEE: DECEMBER 2023LORAL LANDSCAPING INC.
MISSION CLOUD SERVICES, INC
4,993.91
1,457.32CALOPPS SUPPORT - AMAZON WEB SERVICES:
NOVEMBER 2023
12/27/2023 150791 MISSION LINEN SUPPLY-UNIFORM LAUNDRY SERVICES 180.98
9.1 Warrant Register Report FY 2023-2024 Number 19 - December 27, 2023
266
Prepared Date 12/27/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/6
Report Number 19
Check Date Check Number Vendor Name Description Check Amount 12/27/2023 150792 NORIKO SZE CLASS REFUND: WILD & WACKY WINTER CAMP, 920.00
GRAPHIC DESIGN AND ILLUSTRATION, AND INTRO TO
VIDEO GAME DESIGN
12/27/2023
12/27/2023
12/27/2023
12/27/2023
12/27/2023
150793
150794
150795
150796
150797
OFFICE DEPOT OFFICE SUPPLIES 505.90
102,034.03
873.96
PACIFIC GAS & ELECTRIC COMPANY
PACIFIC NURSERIES
ELECTRICITY & GAS
PLANT MATERIALS
PACIFIC OFFICE AUTOMATION, INC
PITNEY BOWES INC.
COPIER USAGE CHARGES 777.48
SUPPLIES FOR MAIL MACHINE AND POSTAGE METER
RENTAL
454.10
12/27/2023
12/27/2023
12/27/2023
12/27/2023
12/27/2023
150798
150799
150800
150801
150802
POLLARDWATER MISCELLANEOUS SUPPLIES - WATER PROGRAM 546.63 151.21PRUDENTIAL OVERALL SUPPLY
QIN LI
TOWEL/UNIFORM LAUNDRY SERVICES
CLASS REFUND: AI ADVENTURES
COMMERCIAL WASTE & ORGANICS
165.00
RECOLOGY SAN MATEO COUNTY
REGIONAL GOVERNMENT SERVICES (RGS)
525.19
CIP657 - LEVEE PROJECT SERVICES: SEPTEMBER AND
OCTOBER 2023
17,572.00
12/27/2023
12/27/2023
12/27/2023
12/27/2023
150803
150804
150805
150806
RENNE PUBLIC LAW GROUP, LLP
SAM HINDI
LOBBYING SERVICES: NOVEMBER 2023 6,500.00
440.21EMPLOYEE REIMBURSEMENT: SAM HINDI
WATER SERVICES: 11/10/23-12/11/23SFPUC - WATER 728,667.89 6,920.00SAN MATEO COUNTY ENVIRONMENTAL HEALTH ENVIRONMENTAL FEES FOR LIFT STATION #1, 9, 10, 12, 14, 15, 16, 18, 22, 28, 29, 34
12/27/2023
12/27/2023
12/27/2023
12/27/2023
12/27/2023
12/27/2023
150807
150808
150809
150810
150811
150812
SAN MATEO CONSOLIDATED FIRE DEPARTMENT
SAN MATEO COUNTY
FIRE PLAN REVIEW FEES: SEPTEMBER 2023 8,232.00
2,096.93
18.58 MOSQUITO ABATEMENT SERVICES - NOVEMBER 2023
MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM
MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM
SIDEWALK RECONSTRUCTION
SAN MATEO LAWN MOWER SHOP
SONSRAY MACHINERY LLC 2,963.36
50,668.25
24,620.00
SPENCON CONSTRUCTION INC
STATE WATER RESOURCES CONTROL BOARD WATER DISTRIBUTION OPERATOR EXAM FEE:
ALEXANDER PULIDO AND ANNUAL PERMIT FEE: 7/1/23-
6/30/24
12/27/2023 150813 SUPER SOCCER STARS INSTRUCTOR FEE: SOCCER 199.50
9.1 Warrant Register Report FY 2023-2024 Number 19 - December 27, 2023
267
Prepared Date 12/27/2023 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/6
Report Number 19
Check Date Check Number Vendor Name Description Check Amount 12/27/2023
12/27/2023
12/27/2023
150814
150815
150816
TAIT ENVIRONMENTAL SERVICES INC
TANNER PACIFIC INC
CIP700: FUEL SYSTEMS IMPROVEMENTS -
PROFESSIONAL SERVICES: OCTOBER 2023
CIP657: CONSTRUCTION MANAGEMENT - NOVEMBER
56,391.00
144,696.65
2,115.50
2023
TELECOMMUNICATIONS ENGINEERING
ASSOCIATES
RADIO EQUIPMENT FEES
12/27/2023
12/27/2023
12/27/2023
12/27/2023
150817
150818
150819
150820
THREE ALARM ELECTRICAL SYSTEMS INC FIRE ALARM MONITORING: 1/1/2024 - 3/31/2024 EMPLOYEE REIMBURSEMENT: TRACY AVELAR
EMPLOYEE REIMBURSEMENT: TRAVIS MURRAY
234.00
496.88TRACY AVELAR
TRAVIS MURRAY 2,015.94
25,675.00VAULT ACCESS SOLUTIONS & FABRICATIONS VALVE VAULT LID MAINTENANCE FOR LIFT STATION #31 AND FIELD REPAIR AT LIFT STATION #12
JANITORIAL SUPPLIES12/27/2023
12/27/2023
150821
150822
VERITIV OPERATING COMPANY
WE GO LOGO
3,684.43
1,772.54T-SHIRTS FOR BOCCE BALL CHAMPIONS AND FC LOGO
TRAVEL MUGS
12/27/2023 150823 ZEP MANUFACTURING COMPANY CARPET ANTIFOAM 630.07 1,911,044.50
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON DECEMBER 27, 2023
9.1 Warrant Register Report FY 2023-2024 Number 19 - December 27, 2023
268
Prepared Date 1/5/2024 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/7
Report Number 20
Check Date Check Number
150824
Vendor Name
STEVEN ARCHER
Description
LONGEVITY 12/16/2023-01/15/2024
Check Amount
1/5/2024 140.00
140.00
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON JANUARY 5, 2024
9.1 Warrant Register Report FY 2023-2024 Number 20 - January 5, 2024
269
Prepared Date 1/5/2024 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/7
Report Number 20A
ACH Date ACH Vendor Name Description Amount
1/5/2024
1/5/2024
1/5/2024
1/5/2024
1/5/2024
1/5/2024
1/5/2024
1/5/2024
1/5/2024
1/5/2024
1/5/2024
1/5/2024
1/5/2024
1/5/2024
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
ACH
WILLIAM CLARK
BARBARA SCHUTZ
DAVID VILLANUEVA
MOSHE JOSHUA
GLENN WILSON
ERIC EGAN
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
210.00
200.00
200.00
275.00
140.00
210.00
350.00
350.00
345.00
140.00
210.00
350.00
350.00
350.00
DOUGLAS ESTILL
THOMAS LINARI
MONICA MEDRANO
JOSEPH PIERUCCI
BRIAN TIDWELL
MICHAEL TOWNS
CHARLES GOODWIN
KENNKETH LAMBRO
1/5/2024
1/5/2024
1/5/2024
ACH
ACH
ACH
MOHAMMAD ASLAM
KRAIG WHITNEY
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 12/16/2023-01/15/2024
LONGEVITY 01/01/2024-01/15/2024
345.00
350.00
ALBERT PIACENTE 175.00
4,550.00
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
ACH ON THIS REGISTER PROCESSED ON JANUARY 5, 2024
9.1 Warrant Register Report FY 2023-2024 Number 20A - January 5, 2024
270
Prepared Date 1/4/2024 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/7
Report Number 21
Check Date Check Number Vendor Name Description Check
Amount
1/4/2024 150825 SHIMMICK CONSTRUCTION COMPANY INC RETENTION RELEASE REQUST #2 1,400,000.00 1,400,000.00
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON JANUARY 4, 2024
9.1 Warrant Register Report FY 2023-2024 Number 21 - January 4, 2024
271