Agenda packet — Foster City City Council, February 5, 2024

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/82592136594 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 825 9213 6594
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dialin attendees. Please clearly state your full name for the record at the start of your public comment.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:

Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, February 05, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing February 2024 as Black History Month

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.

6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.

This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

6.1. City/EMID Meeting Minutes of January 16, 2024

6.2. 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; and Find Introduction of Ordinance Exempt from Review Under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (General Rule Exemption) (First Reading January 16, 2024)
a) Adopt Ordinance

6.3. A Resolution of the City Council of the City of Foster City Accepting the Work by Columbia Electric, Inc. For the New Traffic Signals in Various Locations Project (CIP 301681) and Directing the City Clerk to File the Notice of Completion; and Finding the Project Exempt from CEQA Under Section 15061(B)(3) and 15301(C) – Existing Facilities
a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Recommending City Council Approving a Supplemental Appropriation of $131,860 From General Fund 001 to Account 12208324634287 for Substantial Repairs for the Existing Unit Purchase Program Property Located at 833 and 835 Comet Drive and Temporary Relocation Expenses for Tenants During Repairs and Find the Project Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Approve Budget Appropriation of $132,025 to Fund Workers Compensation Appeals Board Decision
a) Staff Report
b) Adopt Resolution

6.6. a) A Resolution of the City Council of the City of Foster City Authorizing a Second Amendment to Agreement Between City of Foster City and Foster City Village, Inc. Extending Term From January 1, 2024 Through December 31, 2024, with Additional Optional Extensions Through June 30, 2026, and Authorizing City Manager to Approve Future Extensions, for Use of City Owned Office and Meeting/Classroom Space, Information Technology Services and Equipment at the Community Center; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing a Second Amendment to Agreement Between Estero Municipal Improvement District and Foster City Village, Inc.

Extending Term From January 1, 2024 Through December 31, 2024, with Additional Optional Extensions Through June 30, 2026, and Authorizing City Manager to Approve Future Extensions, for Use of CityOwned Office and Meeting/Classroom Space, Information Technology Services and Equipment at the Community Center
c) Staff Report
d) Adopt Resolutions

7. NEW BUSINESS

7.1. Informational Report on the Preliminary Analysis of the City’s Current Business License Tax (BLT) Structure, Various BLT Methodologies and Comparison to Other Cities
a) Staff Report
b) Information Item Only – No Action Required

8. REPORTS

8.1. Youth Advisory Committee 2023 Year End Report, Review of Mission Statement, and Goals for 2024
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 11, 2024
a) Information Item Only
b) No Action Required

10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.

11. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office. All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.

Any writings or documents provided to a majority of the City Council or EMID Board regarding any item on this agenda after the agenda packet was distributed will be made available for public inspection in the City Clerk Department at City Hall located at 610 Foster City Boulevard during normal business hours and at the meeting.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, February 05, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing February 2024 as Black History Month

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Meeting Minutes of January 16, 2024

6.2. An Ordinance of the City of Foster City Repealing and Replacing Chapter

6.5. A Resolution of the City Council of the City of Foster City Approve Budget Appropriation of $132,025 to Fund Workers Compensation Appeals Board Decision
a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

8. REPORTS

8.1. Youth Advisory Committee 2023 Year End Report, Review of Mission Statement, and Goals for 2024
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 11, 2024
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, February 05, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing February 2024 as Black History Month

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Meeting Minutes of January 16, 2024

6.2. An Ordinance of the City of Foster City Repealing and Replacing Chapter

6.5. A Resolution of the City Council of the City of Foster City Approve Budget Appropriation of $132,025 to Fund Workers Compensation Appeals Board Decision
a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

8. REPORTS

8.1. Youth Advisory Committee 2023 Year End Report, Review of Mission Statement, and Goals for 2024
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 11, 2024
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, February 05, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing February 2024 as Black History Month

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Meeting Minutes of January 16, 2024

6.2. An Ordinance of the City of Foster City Repealing and Replacing Chapter

6.5. A Resolution of the City Council of the City of Foster City Approve Budget Appropriation of $132,025 to Fund Workers Compensation Appeals Board Decision
a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

8. REPORTS

8.1. Youth Advisory Committee 2023 Year End Report, Review of Mission Statement, and Goals for 2024
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 11, 2024
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY ORG.ZOOM.US/J/82592136594 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Monday, February 05, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing February 2024 as Black History Month

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

6.1. City/EMID Meeting Minutes of January 16, 2024

6.2. An Ordinance of the City of Foster City Repealing and Replacing Chapter

6.5. A Resolution of the City Council of the City of Foster City Approve Budget Appropriation of $132,025 to Fund Workers Compensation Appeals Board Decision
a) Staff Report
b) Adopt Resolution

7. NEW BUSINESS

8. REPORTS

8.1. Youth Advisory Committee 2023 Year End Report, Review of Mission Statement, and Goals for 2024
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 11, 2024
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

City Council meetings on FCTV on Comcast Channel 27 and AT&T Channel 99:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

5 4.1

4.1 Proclamation

6 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

REGULAR MEETING OF JANUARY 16, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS

The Regular Meeting of January 16, 2024 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Sullivan.

This meeting was held as a hybrid meeting.

ROLL CALL

The Communications Director/City Clerk/Recording Secretary called the roll:

PRESENT:

Councilmembers/ex officio Directors Jon Froomin, Sam Hindi, Stacy Jimenez, Art Kiesel, and Mayor/President Patrick Sullivan.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Denise Bazzano, Assistant City Attorney/District Legal Counsel ; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; Edmund Suen, Finance Director; Tracy Avelar , Police Chief; Diane Pitman, Administrative Services Director; Derek Schweigart, Parks and Recreation Director; Rob Lasky, IT Manager; Tiffany Oren, Recreation Manger; Nori Jabba, Housing Coordinator; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Communications Director/City Clerk, Priscilla Schaus.

CONSENT CALENDAR

Motion by Councilmember/Director Froomin, seconded by Councilmember/Director Hindi, and carried 5-0-0, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. City/EMID Regular Meeting Minutes of December 18, 2023;

2. City Ordinance No. 673, “ An Ordinance of the City of Foster City Amending Title 17, “Zoning” Adding a New Chapter 17.96 Multifamily and Residential Mixed Use Objective Design and Development Standards and Finding That the Proposed

6.1 6.1 Minutes

7 Amendments to Title 17 Are Exempt Under California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3) - RZ2021-0001 (First Reading December 18, 2023);”

3. City Ordinance No. 674, “ An Ordinance of the City of Foster City Amending Title 17, “Zoning” Making Revisions to Various Chapters Including 17.12 R -1 Single Family Residence District; 17.04 Definitions; 17.14 R -2 Two Family Residence District; 17.16 R- T Townhouse Residence District; 17.18 R -3 Medium Density Multiple-Family Residence District; 17.20 R -4 High Density Multiple -Family Residence District; 17.26, C-2 General Business District; 17.28 C -M Commercial Mix District; 17.36 PD Planned Development Combining District; 17.58 Architectural Control and Supervision; and 17.62 Off -Street Parking Regulations and Finding That the Proposed Amendments to Title 17 Are Exempt Under California Environmental Quality Act (CEQA) Guidelines Section 15061(B)(3) - RZ2021-0001 (First Reading December 18, 2023);”

4. City Resolution No. 2024-1, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Fiscal Year 2023- 2024 Pay Plan Effective January 1, 2024;” and

5. EMID Resolution No. 3753, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Fiscal Year 2023-2024 Pay Plan Effective January 1, 2024.”

ITEMS REMOVED FROM CONSENT CALENDAR

APPLICATION PACKAGE TO SAN MATEO COUNTY FOR GRANT AND/OR LOANS THROUGH THE SAN MATEO COUNTY FY 2024-25 HOUSING ASSISTANCE LOAN

AND GRANT PROGRAM, INCLUDING COMMITMENT OF ANY NECESSARY MATCHING FUNDS UP TO $76,800 IN STAFF COSTS AND $135,000 IN AFFORDABLE HOUSING FUNDS. CITY RESOLUTION NO. 2024-2.

Without objection from the City Council, Mayor Sullivan removed this item from the Consent Calendar.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Mayor Sullivan, and carried unanimously, 5- 0-0, adopting City Resolution No. 2024 -2, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Apply for and Submit the Application Package to San Mateo County for Grant and/or Loans Through the San Mateo County FY 2024- 25 Housing Assistance Loan and Grant Program, Including Commitment of Any Necessary Matching Funds Up to $76,800 in Staff Costs and $135,000 in Affordable Housing Funds, and Find the Project Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3).”

SECOND AMENDMENT TO THE AGREEMENT BETWEEN CITY OF FOSTER CITY AND FOSTER CITY VILLAGE, INC. EXTENDING THE TERM FROM JANUARY 1, 2024 THROUGH DECEMBER 31, 2024, WITH ADDITIONAL OPTIONAL EXTENSIONS

6.1 6.1 Minutes

8 THROUGH JUNE 30, 2026, FOR THE USE OF CITY -OWNED OFFICE AND MEETING/CLASSROOM SPACE, I.T. SERVICES AND EQUIPMENT AT THE COMMUNITY CENTER.

Without objection from the City Council /EMID Board of Directors , Mayor /President Sullivan removed this item from the Consent Calendar at the request of Councilmember/Director Froomin.

Discussion ensued.

Motion by Councilmember/Director Froomin, seconded by Vice Mayor/Vice President Jimenez, and carried unanimously, 5- 0-0, continuing the Second Amendment to the Agreement Between City of Foster City and Foster City Village, Inc. to the February 5 City Council meeting and directing staff to include a provision specifying that the City Manager has authority to extend the term of the agreement.

NEW BUSINESS

FOSTER CITY COUNCIL LIAISONS LIST DATED JANUARY 16, 2024. MINUTE ORDER NO. 1955.

Evan Adams addressed the City Council via email.

Scott Mason addressed the City Council via teleconference.

Discussion ensued.

Motion by Vice Mayor Jimenez, and the maker amending the motion, seconded by Councilmember Froomin, and carried, 3-2-0, Councilmember Hindi and Mayor Sullivan voted “no”, adopting Minute Order No. 1955, approving the Foster City Council Liaisons List dated January 16, 2024, with the following amendments : City/County Association of Governments (C/CAG) – Jimenez/Hindi, Planning Commission – Kiesel, Library Joint Powers Authority – Kiesel/Sullivan, San Mateo High School Union School District – Jimenez/Kiesel, and South Bayside Waste Management Authority – Froomin/Kiesel.

RECREATION CENTER REBUILD PROJECT (CIP 301- 678) – PROJECT BUDGET UPDATE. MINUTE ORDER NO. 1956.

Parks and Recreation Director Schweigart presented the staff report.

Doris Duncan and Evan Adams addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting Minute Order No. 1956, to receive and accept the Project

6.1 6.1 Minutes

9 Budget Update for the Recreation Center Rebuild Project (CIP 301-678), and provide policy direction to:

1. Designate and appropriate the grant funds received from Gilead Foundation in the amount of $500,000 to the project budget to help fund the Project’s LEED Silver Certification and the Project’s environmentally sustainability goals;

2. Proceed with Option 3, 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. Authorize the release of $5,000,000 from the remaining Levee project funds available in the Levee Protection Planning and Improvement Project (CIP 327-657) and appropriate it to the Recreation Center Rebuild Project (CIP 301-678);

4. Authorize the appropriation of the new park impact fees which are anticipated from the new Gilead building at 331 Lakeside Drive in the amount of $594,000 to the Project (CIP 301-678);

5. Withold from authorizing the deferral of 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 the full funding is anticipated in the amount of $2,300,000;

6. Authorize eliminating the East Hillsdale and Foster City Boulevar d median refurbishment project and appropriate the funding in the amount of $500,000 to the Project (CIP 301-678);

7. Authorize eliminating the Amphitheater Shade Structure project with the intent for it to coincide with the opening of the new Recreation Center and appropriate the amount of $1,000,000 to the Project (CIP 301-678); and

8. Proceed with Option 1, t ake no action to use any funds from the Capital Asset Acquisition and Replacement Fund (CAAR Fund 326).

REPORTS

UPDATE ON THE CITY OF FOSTER CITY’S AGE-FRIENDLY CITY INITIATIVE THREE (3) YEAR ACTION PLAN. MINUTE ORDER NO. 1957.

Recreation Manager Oren presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Kiesel, an d carried unanimously, 5-0-0, adopting Minute Order No. 1957, to receive and accept the Update on the City of Foster City’s Age-Friendly City Initiative Three (3) Year Action Plan.

ORDINANCES FOR INTRODUCTION

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

6.1 6.1 Minutes

10 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).

Assistant City Attorney Bazzano presented the staff report.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Vice Mayor Jimenez, and carried unanimously, by roll call vote, 5-0-0, to introduce the ordinance by title and waive further reading of, “ 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; and Find Introduction of Ordinance Exempt from Review Under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b) (3) (General Rule Exemption)”, and to insert Section 6.04.070, subsection (H) of the current Foster City Municipal Code into Section 6.04.060 of the proposed Ordinance.

COMMUNICATIONS

CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

City/District Warrants of Demands were Processed and Issued on December 14, 2023, December 15, 2023, December 27, 2023, January 4, 2024, and January 5, 2024, and ACH were processed on January 5, 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS

Councilmember/Director Kiesel stated he attended the Celebration of Life event for former San Mateo County Sheriff and Supervisor Don Horsley on January 13.

Councilmember/Director Hindi stated he attended the Peninsula Clean Energy Board meeting on December 21. He reported that there is a $68 million surplus that Peninsula Clean Energy is planning to reinvest back into the community. On January 10, he attended the Citizens Sustainability Advisory Committee (CSAC) meeting, where they discussed the Climate Action Plan and will be working with staff to develop their Five - Year City Implementation Plan that will be presented to the City Council at the February 20 City Council meeting.

Vice Mayor/Vice President Jimenez reported that the Youth Advisory Committee held a Winter Philanthropy event on January 5 and worked with Foster City Village and Second Harvest to distribute food.

Mayor/President Sullivan stated he attended the City/County Association of Governments (C/CAG) Congestion Management and Environmental Quality Committee Board meeting

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11 on November 27. On January 12, he attended the San Mateo County Associations of Realtors (SAMCAR) Installation of Officers and Directors event.

ADJOURNMENT

Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 9:34 p.m.

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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, REVISE ANIMAL CONTROL SERVICE FEE

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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“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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“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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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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(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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(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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(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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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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(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.
(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.

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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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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(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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(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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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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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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(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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(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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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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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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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) 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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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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(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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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

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among dogs or other animals within the County. Upon the making of such a declaration, 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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(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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(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) 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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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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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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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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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

6.2 6.2 Ordinance

43 4863-9719-4138 v3 32
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

6.2 6.2 Ordinance

44 4863-9719-4138 v3 33
(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:

6.2 6.2 Ordinance

45 4863-9719-4138 v3 34
(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.

6.2 6.2 Ordinance

46 4863-9719-4138 v3 35
This Ordinance was introduced and read on the 16th day of January, 2024, and passed and adopted on the 5th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

6.2 6.2 Ordinance

47 5
2 2
DATE: February 5, 2024

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Andrew Brozyna, Public Works Director
Justin Lai, Senior Civil Engineer
DEPARTMENT: Public Works
SUBJECT: NEW TRAFFIC SIGNALS AT VARIOUS LOCATIONS (CIP 301- 681) - NOTICE OF COMPLETION

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution accepting the work performed by Columbia Electric, Inc. (CEI) for the construction of the New Traffic Signals at Various Locations Project (CIP 301-681) and directing the City Clerk to file the Notice of Completion.

EXECUTIVE SUMMARY
CIP 301-681 consists of improving four intersections previously identified by staff, City Council, and consultants, with new traffic signals, striping, and concrete flatwork. The work has been completed in conformance with the contract documents. It is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion (NOC).

BACKGROUND
City Resolution No. 2022-43 adopted on May 2, 2022, approved the execution of a construction contract with Columbia Electric, Inc. in the amount of $ 2,831,134.25 for CIP 301-681 and established a project contingency of $425,000. In addition, an appropriation in the amount of $4,391.50 to the existing project budget 301-0910-681-

6.3 6.3 Staff Report

48 5
2 2
4251 for funds previously collected from the San Mateo – Foster City School District for its share of the PG&E costs associated with the Project was included as part of City Resolution No. 2022-43. Additionally, a payment of $352,079.22 from the San Mateo – Foster City School District to cover their shared costs was collected and appropriated to fully fund the project.

Construction began in June 2022 and was substantially completed in July 2023. Day-to- day construction management and inspection services were performed by in-house staff with assistance from the design consultant. The contractor has completed all punch list items of work.

ANALYSIS
The construction work included the installation of traffic signals and intersection improvements at the following four locations:

1. Beach Park Boulevard and Gull Avenue (North)

2. Foster City Boulevard and Polynesia Drive

3. Edgewater Boulevard and Port Royal Avenue (North)

4. Shell Blvd and Beach Park Blvd
The work included installing concrete ramps and marking crosswalks to make the crossings accessible and safer for the public.

During the project a total of five (5) contract change orders were issued, totaling $260,472.74. Contract Change Order #1 (CCO#1) addressed the purchase of poles that had not been procured as City furnished items prior to bid, and the relocation of a traffic pole due to a utility conflict which required the installation of an additional pedestrian push button to meet ADA standards. CCO#2 addressed the additional labor and materials required to over excavate for the pole foundation at Beach Park and Shell due to poor soil conditions encountered. CCO#3 addressed several quantity increases associated with extended concrete sidewalk, curb, and gutter replacements at three of the intersections which resulted in a better-quality product. Additionally, utility conflicts encountered, required the relocation of poles at multiple locations which led to pole and mast arm modifications. CCO#4 addressed the installation of temporary steel casing to pour the foundations at Edgewater Blvd. and Port Royal due to unstable soil conditions.

It additionally includes the cost of re-routing an underground conduit due to a PG&E error. The City subsequently submitted a claim and recovered the full amount of $20,932 back from PG&E. CCO#5 addressed striping modifications due to a bike lane that was installed following the design of the project, and an adjustment of working days due to delays outside of the contractor’s control.

Given that Columbia Electric, Inc. has completed its work in conformance with the contract documents, it is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion.

6.3 6.3 Staff Report

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CALIFORNIA ENVIRONMENTAL QUALITY ACT
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities

FISCAL IMPACT
The following is the project expenditure summary:

Project Budget
CIP 301-681 – Resolution 2022-43 $ 4,238,970.72
Construction Contract Expenses
Contract Agreement with Columbia Electric, Inc. $ 2,831,134.25 CCO #1 – Extra Work & Quantities Adjustment Change Order $ 20,133.90 CCO #2 – Extra Work & Quantities Adjustment Change Order $ 21,540.13 CCO #3 – Extra Work & Quantities Adjustment Change Order $ 122,270.49 CCO #4 – Extra Work & Quantities Adjustment Change Order $ 93,103.22 CCO #5 – Extra Work & Quantities Adjustment Change Order $ 3,425.00 Total Construction Contract $ 3,091,606.99
Total Construction Contract Expensed (includes quantity corrections) $ 3,077,718.99
Other Project Related Expenses
Consultant/Designer – Traffic Patterns
Advertisement/Miscellaneous Expenses (includes City Furnished Poles)
$ 225,050.00
$ 323,501.39
Total Other Project Related Expenses $ 548,551.39
Total Project Expenses to date $ 3,626,270.38
Project Budget Balance $ 612,700.34
The contract work has been completed and the NOC can now be filed. Council action at the February 5th Council Meeting will establish the official date of completion of the work performed by Columbia Electric, Inc., formalizing the City’s acceptance of the contract work and allowing final payment to the contractor be made. The project budget balance (unused funds) will be returned to the General Fund.

6.3 6.3 Staff Report

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Notice of Completion

6.3 6.3 Staff Report

51 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ACCEPTING THE WORK BY COLUMBIA ELECTRIC, INC. FOR THE NEW TRAFFIC SIGNALS IN VARIOUS LOCATIONS PROJECT (CIP 301-681) AND DIRECTING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION; AND FINDING THE PROJECT EXEMPT FROM CEQA UNDER SECTION 15061(b)(3) AND 15301(c) –

EXISTING FACILITIES

CITY OF FOSTER CITY
WHEREAS, the Public Works Director/City Engineer has filed with the City Clerk the Notice of Completion for the work known as the New Traffic Signals in Various Locations Project (CIP 301-681) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the City of Foster City and Columbia Electric, Inc. dated May 2, 2022; and
WHEREAS, the Public Works Director/City Engineer and Columbia Electric, Inc. have executed Document 00 6530 – Agreement and Release of Any and All Claims, as required by the agreement; and
WHEREAS, Columbia Electric, Inc. has executed Document 00 6536 – Guaranty, as required by the agreement; and
WHEREAS, it appears to the satisfaction of the City Council that said work has been completed in an acceptable manner.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

1. The acceptance of said work subject to reservation of all City's rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to City; and

2. The City Clerk to notarize and file for record with the County Recorder of the County of San Mateo the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and Public Works Director/City Engineer; and

3. The City Clerk to notify Columbia Electric, Inc. that the Construction Performance Bond No. 30139974 from Western Surety Company may be released one year following the recordation of the Notice of Completion; and

6.3 Attachment 1- Resolution

52 4. The City Clerk to release the Labor and Material Bond No. 30139974 from Western Surety Company, thirty-five (35) days after the date of recording of the Notice of Completion if no claims or Stop Notices have been received.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 5th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1- Resolution

53 6.3
Attachment 2 - Notice of Completion

54 DATE: February 5, 2024

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager

FROM: Sofia Mangalam, Community Development Department
Nori Jabba, Housing Coordinator
DEPARTMENT: Community Development
SUBJECT: SUPPLEMENTAL APPROPRIATION OF FUNDS FOR

SUBSTANTIAL REPAIRS AND TEMPORARY RELOCATION

EXPENSES FOR EXISTING UNIT PURCHASE PROGRAM
PROPERTY AT 833 AND 835 COMET DRIVE

RECOMMENDATION
It is recommended that the City Council approve a Resolution (Attachment 1) approving a supplemental appropriation of $131,460 from the Low and Moderate Income Housing Fund (LMIHF Fund 122) to account 122-0832-463-42-87 for substantial repairs for the Existing Unit Purchase Program property located at 833 and 835 Comet Drive and associated temporary relocation expenses and find the project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15303(d).

EXECUTIVE SUMMARY
Since 2008, the city has owned six (6) units, including a duplex at 833 and 835 Comet Drive as part of the six-unit Existing Unit Purchase Program (EUPP). All the six (6) units are managed by HIP Housing Affordable Ventures (HHAV). The units at 833 and 835 Comet Drive needs major repairs due to water intrusion requiring the following work to be performed:

Improvement of the drainage systems by a licensed landscaping company

6.4 6.4 Staff Report

55 Replacement of the corroded sewer lines by a licensed plumber Restoration of the foundation crawlspace and installation of waterproof liners and sump pump systems by a general contractor with expertise in crawlspace restoration

There is a budget of $25,000 for contingency major repairs in the fund 122-0832-463- 42-87. However, upon evaluating the estimates related to the repairs and potential temporary relocation costs of the tenants, staff realized that there are not enough funds and thus, requesting a supplemental appropriation of $131,460 from the LMIHF Fund 122 to account 122-0832-463-42-87 for substantial repairs and associated relocation expenses of the tenants.

BACKGROUND/ANALYSIS
In September 2023, Staff received a complaint from the tenant of 833 Comet Drive regarding water intrusion. Since then, Staff have been evaluating the situation at the unit on an ongoing basis. Based on numerous inspections conducted by Staff, including the Chief Building Official (CBO), and building inspector(s), and HHAV team, it has been determined that the water intrusion is from both the water table and groundwater seepage into the crawlspace due to inadequate rainwater drainage. The inspections also determined that the water intrusion was not present at the adjacent unit at 835 Comet Drive, except at the exterior entrance to the crawlspace. However, the subject property is a duplex, and the crawl space is common to both the units. The city staff and HHAV team recommended installation of a sump pump system, sewer replacement, and drainage improvements for the subject property.

Meanwhile, HHAV has undertaken intermediate mitigation work, including installation of downspout extensions on both 833 and 835 Comet Drive for directing rainwater away from the house and foundation. It shall also be noted that the building inspector also inspected other EUPP units and determined that the duplex units at 631/633 Comet Drive, and 398 Chesapeake already have sump pump systems in the crawlspace.

The estimated cost of substantial repairs for 833 and 835 Comet Drive is summarized below.

Table 1. Estimated Project Cost – Water Intrusion Mitigation of 833 and 835 Comet Drive

Project Description Estimated Cost
1 Improvement of the drainage systems by a licensed
landscaping company and plumber – trenching and piping
to redirect groundwater, water; replacement of gutters, installation of additional downspouts
$20,000
2 Replacement of the corroded cast-iron sewer lines by a licensed plumber
$40,000

6.4 6.4 Staff Report

56 3 Restoration of the foundation crawlspace, installation of a waterproof liner, and installation of a sump pump system by a general contractor with expertise in crawlspace
restoration for each unit; ventilation upgrades and
replacement of corroded ventilation and duct materials
$20,000
4 Repair and/or replacement of walls/ceilings, and flooring if needed due to water damage.
$20,000
5 Installation of three (3) de-humidifiers in 833 Comet $750.00 6 Potential temporary relocation assistance for tenants of 833 Comet (two people) and 835 Comet (four people)
$8,800
Total Estimated Cost of Repairs $109,550
7 Contingency (20%) $21,910
Total Estimated Project Cost $131,460

HHAV is securing additional quotes to confirm costs. At this time, the amounts included in Table 1 are the best estimates of the work needed. Staff has added a 20% contingency to the project estimate in the event of unforeseen additional repairs deemed necessary.

However, if the cost of work is higher than the Total Estimated Project Cost in Table 1, Staff will come back to the Council for further direction.

Timeline
The project is anticipated to take place as soon as possible in February 2024 and will take approximately four (4) to five (5) weeks depending on contractor scheduling. The timeline consists of approximately five (5) days for sewer replacement, five (5) days for crawlspace restoration and sump pump installation; three (3) days for landscaping and drainage improvements; three (3) to ten (10) days for interior restoration work. Some of the work may be able to be completed concurrently by different contractors. Temporary relocation of tenants may be needed for certain portions of the project, to minimize disruption to tenants, and to ensure the work is completed more quickly.

The cost of temporary relocation assistance for the tenants is based on approximately $1,100 per week per room at an extended stay motel. The budget for potential temporary relocation anticipates up to four (4) weeks for 833 Comet (one room; two people) and up to two (2) weeks for 835 Comet (two rooms; four people). As mentioned above, there is $25,000 in FY 2023-24 for EUPP major repairs for all six (6) units. Staff used part of these funds for temporary relocation of the tenants of 833 Comet from December 21, 2023, to January 31, 2023, as staff was evaluating the unit to determine the scope of necessary repairs.

On January 18, 2024, Staff applied for a County Community Development Block Grant (CDBG) grant for funds for the upgrades to maintain the EUPP properties at 833 and 835 Comet Drive in good condition and prepare the units for eventual transition to supportive housing. The grant application requested funding for upgrades including interior and exterior painting, kitchen remodeling, bathroom upgrades, electrical work, and other

6.4 6.4 Staff Report

57 repairs and upgrades. However, funding for the grant, if awarded, will not be available until July 1, 2024. Due to the timing of grant funding and the need to perform the emergency repair work immediately, staff did not include the emergency repair work in the grant application.

In the past, repairs were done to the unit at 833 Comet including the following:

In 2008, following the acquisition of the property, the City hired a contractor to replace the foundation stem walls due to cracks.
In 2015, HHAV repaired a water leak in the bathroom and completed reconstruction of walls in living room. Also in 2015, HHAV installed a condensation sensor and de-humidifier as well as a fan in the bathroom. HHAV also replaced flooring throughout the unit. During that time, the tenants were relocated temporarily to complete repairs.
In 2021, HHAV completed plumbing repairs in the bathroom.

Staff is requesting a supplemental appropriation of $131,460 from the Low and Moderate Income Housing Fund to account 122-0832-463-42-87 for substantial repairs for the EUPP property located at 833 and 835 Comet Drive and associated temporary relocation expenses of the tenants.

California Environmental Quality Act
The proposed action would not result in a significant change to the environment because the work entails minor trenching and installation of piping and would be exempt pursuant to CEQA Guidelines Section 15303(d) [New Construction or Conversion of Small Facilities]. Section 15303(d) applies to “Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction.”

FISCAL IMPACT
Staff is requesting a supplemental appropriation of $131,460 from the LMIHF Fund 122 to account 122-0832-463-42-87 for substantial repairs for the EUPP property located at 833 and 835 Comet Drive and associated temporary relocation expenses.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and infrastructure
ATTACHMENTS:

Attachment 1 – Resolution

6.4 6.4 Staff Report

58 1
6 2
3 RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

RECOMMENDING CITY COUNCIL APPROVING A SUPPLEMENTAL
APPROPRIATION OF $131,460 FROM THE LOW AND MODERATE INCOME HOUSING FUND (LMIHF FUND 122) TO ACCOUNT 122-0832-463-42-87 FOR

SUBSTANTIAL REPAIRS FOR THE EXISTING UNIT PURCHASE PROGRAM PROPERTY LOCATED AT 833 AND 835 COMET DRIVE AND TEMPORARY

RELOCATION EXPENSES FOR TENANTS DURING REPAIRS AND FIND THE

PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15303(D)

CITY OF FOSTER CITY
WHEREAS, since 2008, the city has owned six (6) units, including a duplex at 833 and 835 Comet Drive as part of the six-unit Existing Unit Purchase Program (EUPP); and WHEREAS, all the six (6) units are managed by HIP Housing; and WHEREAS, the properties at 833 and 835Comet Drive needs major repairs to prevent water intrusion ; and
WHEREAS, the city staff received a complaint from the tenant of 833 Comet Drive regarding water intrusion; and
WHEREAS, 833 Comet and 835 Comet Drive are duplex units, and based on inspections conducted, staff recommends major repairs for the benefit of both units to prevent water intrusion, which work entails replacement of the corroded sewer line and installation of a waterproof liner and a sump pump system; and WHEREAS, staff is requesting a supplemental appropriation of $131,460 from General Fund 001 to Account 122-0832-463-42-87 for substantial repairs for the Existing Unit Purchase Program property located at 833 and 855 Comet Drive and costs associated with temporary relocation of the tenants; and WHEREAS, the proposed action would not result in significant changes to the environment, as the work entails minor trenching and installation of piping and , and therefore, the project is exempt under CEQA Guidelines Section 15303(d) ; and NOW THEREFORE, BE IT RESOLVED that the City Council of the Foster City does hereby approve a supplemental appropriation of $131,460 from LMIHF fund 122 to Account 122-0832-463-42-87 for substantial repairs for the Existing Unit Purchase Program property located at 833 and 835 Comet Drive and associated relocation expenses of the tenants.

6.4 Attachment 1 - Resolution

59 1
6 2
3 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 5th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_________________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

60 4
5 6
DATE: February 5, 2024

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Diane Pitman, Administrative Services Director
DEPARTMENT: Human Resources
SUBJECT: APPROVE BUDGET APPROPRIATION TO FUND WORKERS

COMPENSATION APPEALS BOARD DECISION

EXECUTIVE SUMMARY
On June 12, 2023, the State of California Division of Workers’ Compensation Appeals Board made a final determination regarding a claim filed by a Foster City employee.

This determination required a payment of $132,024.76 in back wages. This amount needs to be appropriated by City Council to ensure proper funding.

BACKGROUND/ANALYSIS
On June 12, 2023, the State of California Division of Workers Compensation Appeals Board made a final determination regarding a claim filed by a Foster City employee in the case of Daniel Strambi v. City of Foster City, State of California Workers’ Compensation Appeals Board, Case No. ADJ12075922. The City Council was briefed in closed session about this claim and final determination on November 6, 2023. A timely payment of $132,024.76 was required and has been processed by staff. Staff is requesting the City Council approve an appropriation of $132,025 to fund this payment.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
This payment requires a budget appropriation of $132,025 to the following account:
•Fire Department Workers Compensation Fund 001-0760-422-4136

6.5 6.5 Staff Report

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CITY COUNCIL VISION, MISSION AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
Attachments:
•Attachment 1 - City Resolution

6.5 6.5 Staff Report

62 RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVE BUDGET APPROPRIATION OF $132,025 TO FUND WORKERS COMPENSATION

APPEALS BOARD DECISION

CITY OF FOSTER CITY
WHEREAS, the City Council of the City of Foster City must approve budget appropriation to fund Workers Compensation Appeals Board Decision.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City appropriates $132,025 to Account No. 001-0760-422-4136.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 5th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - City Resolution

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DATE: February 5, 2024

TO:

Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors

VIA: Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant City/District Manager
FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
DEPARTMENT: Parks and Recreation
SUBJECT: SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF

FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT
AND FOSTER CITY VILLAGE, INC. EXTENDING TERM FROM
JANUARY 1, 2024 THROUGH DECEMBER 31, 2024, WITH
ADDITIONAL OPTIONAL EXTENSIONS THROUGH JUNE 30, 2026

AND AUTHORIZING CITY/DISTRICT MANAGER TO APPROVE

FUTURE EXTENSIONS, FOR USE OF OFFICE AND

MEETING/CLASSROOM SPACE, INFORMATION TECHNOLOGY

SERVICES AND EQUIPMENT AT THE COMMUNITY CENTER

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions authorizing a Second Amendment to an Agreement between the City of Foster City/EMID and Foster City Village, Inc. extending the term from January 1, 2024 through December 31, 2024 with optional extensions thereafter through June 30, 2026 and authorizing the City/District Manager to approve future extensions, for the use of City-owned office and meeting/classroom space, information technology services and equipment at the Community Center.

EXECUTIVE SUMMARY

6.6 6.6 Staff Report

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The Foster City Village (“The Village”) is a non-profit, membership-based organization whose mission is to enable older adults to continue living in their homes and communities as they age. The Village has utilized office space at the Community Center for about eight years under an annual agreement.

The original agreement between the City of Foster City and the Village dated December 13, 2021 (“Agreement”) is one where the Village would take an active “partnership” role in deploying older adult programs and services using City facilities in a way that is both cost efficient and effective to serve Foster City residents. The City’s Recreation Coordinator and the Village counterpart would conduct monthly meetings, sharing program information, and collaborating on opportunities for both Village members and non-members. The initial one-year term of the Agreement expired on December 31, 2022, and a First Amendment to the Agreement was approved by the City Council on January 17, 2023, for an additional one-year period through December 31, 2023. The parties wish to amend the Agreement again to extend the term for an additional one-year period through December 31, 2024.

On January 16, 2024, the Council gave direction to revise the proposed Second Amendment to the Agreement to give the City/District Manager authority to approve future requests to extend the term of the Agreement. Staff has revised Section 1.2 of the proposed Second Amendment of the Agreement to authorize the City/District Manager to exercise the City’s/District’s option to extend the term of the Agreement.

BACKGROUND
The Village is a non-profit, membership-based agency whose mission is to “enable older adults to continue living in their homes and communities as they age by providing mobility, practical assistance, access to services, social connections and educational opportunities.” The Village was chartered as a non-profit on February 13, 2013, and began to provide services that year to its membership base consisting of residents living in the 94404-zip code. As of January 2021, the Village had 115 members, which represents approximately 1% of the estimated 11,030 adults over the age of 55 living in Foster City in 2019 according to the US Census Bureau. The Village leverages its operating revenues, the vast majority of which come from grants, including $7,000 from the City of Foster City in Fiscal Year 2022-2024, to deploy volunteers who provide in-kind services with a value around $150,000 in 2020 according to the Village.

The Village has utilized office space at the Community Center for its paid and volunteer staff since its inception. It has operated under an annual lease agreement in which it paid $3,120 annually for the use of office and program space, a City-owned computer, City- owned printer/copier, building maintenance and information technology assistance. In 2021, the Agreement was introduced which stated that the rent shall be increased by 5% on July 1 of each succeeding year. The current proposed Second Amendment would extend the term of the Agreement for one-year through December 31, 2024, with

6.6 6.6 Staff Report

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additional optional extensions available through June 30, 2026.

ANALYSIS
City staff and the Village worked together to develop the Agreement for use of the Community Center office and additional meeting and classroom space. While this Agreement features specific lease terms for the use of the office space in the Community Center, there are also provisions for the use of meeting and classroom space at no cost in exchange for classes being made available to Foster City residents who are not members of the Foster City Village organization and to the public as a whole. In November 2023, City staff extended the invitation to the Village to amend the Agreement to extend its term for another year and the Village accepted. A 5% increase in annual rent is listed in the existing agreement terms. However, this will not be implemented this year due to the anticipated closure of the Recreation Center and potential limited availability of space at other City facilities.

If the proposed Resolutions and Second Amendment are approved, the City/District Manager will review any future requests that may be made by the Foster City Village for the optional extensions available through June 30, 2026.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The approval of the Second Amendment to the Agreement 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.

FISCAL IMPACT
The total cost to the Village under the proposed Second Amendment to the Agreement is $3,276 in annual rent and use of information technology equipment and services. The City also benefits from revenue for classes attended by Foster City residents who are not members of the Village depending upon the actual enrollment. In the current calendar year, the revenue generated to the City through The Village partnership was $1,180. The benefit to the Foster City Village is approximately $8,500 annually in low- and no-fee room usage.

Note that since Fiscal Year 2015-2016, the City Council has granted funding to the Village annually in amounts ranging from $1,000 to $15,000 through the Annual Non-Profit Grant Funding process. Nothing in the proposed Second Amendment precludes the Village from submitting future requests for funding through this process.

6.6 6.6 Staff Report

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Second Amendment to Agreement

6.6 6.6 Staff Report

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2 RESOLUTION NO.________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY

AUTHORIZING A SECOND AMENDMENT TO THE AGREEMENT BETWEEN CITY OF FOSTER CITY AND FOSTER CITY VILLAGE, INC. EXTENDING THE TERM FROM JANUARY 1, 2024 THROUGH DECEMBER 31, 2024, WITH ADDITIONAL OPTIONAL EXTENSIONS THROUGH JUNE 30, 2026 AND AUTHORIZING CITY MANAGER TO

APPROVE FUTURE EXTENSIONS, FOR THE USE OF CITY-OWNED OFFICE AND MEETING/CLASSROOM SPACE, I.T. SERVICES AND EQUIPMENT AT THE

COMMUNITY CENTER

CITY OF FOSTER CITY
WHEREAS, the Foster City Village (“The Village”) is a non-profit, membership- based organization whose mission is to enable older adults to continue living in their homes and communities as they age; and
WHEREAS, the Village has utilized office space at the Community Center for about seven years under an annual agreement dated December 13, 2021, between the City and the Village (“Agreement”); and
WHEREAS, the initial one-year term of the Agreement expired on December 31, 2022, and a first amendment to the Agreement was approved by the City Council on January 17, 2023, for an additional one-year period through December 31, 2023; and WHEREAS, the Village can deploy older adult programs and services in a way that is both cost efficient and effective to serve Foster City residents; and WHEREAS, the City and the Village mutually desire to extend the term of the Agreement for an additional one-year period through December 31, 2024 at the current annual rental rate of $3,276, which extension is authorized by Section 1.2 of the Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to sign a Second Amendment, dated January 16, 2024, extending the Agreement for an additional one-year term from January 1, 2024 through December 31, 2024, with additional optional extensions through June 30, 2026, and authorizing the City Manager to approve any future extension requests for extension of the term of the Agreement and all other conditions associated with extension requests for the use of City-owned office and meeting/classroom space, IT services and equipment at the Community Center.

6.6 Attachment 1 - City Resolution

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2 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 5th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - City Resolution

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3 RESOLUTION NO.________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING A SECOND AMENDMENT TO THE

AGREEMENT BETWEEN ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND FOSTER CITY VILLAGE, INC. EXTENDING THE TERM FROM JANUARY 1, 2024 THROUGH DECEMBER 31, 2024, WITH ADDITIONAL OPTIONAL EXTENSIONS THROUGH JUNE 30, 2026 AND AUTHORIZING DISTRICT MANAGER TO APPROVE

FUTURE EXTENSIONS, FOR THE USE OF CITY-OWNED OFFICE AND MEETING/CLASSROOM SPACE, I.T. SERVICES AND EQUIPMENT AT THE

COMMUNITY CENTER

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Foster City Village (“The Village”) is a non-profit, membership- based organization whose mission is to enable older adults to continue living in their homes and communities as they age; and
WHEREAS, the Village has utilized office space at the Community Center for about seven years under an annual agreement dated December 13, 2021, between the Estero Municipal Improvement District and the Village (“Agreement”); and WHEREAS, the initial one-year term of the Agreement expired on December 31, 2022, and a first amendment to the Agreement was approved by the City Council on January 17, 2023, for an additional one-year period through December 31, 2023; and WHEREAS, the Village can deploy older adult programs and services in a way that is both cost efficient and effective to serve Foster City residents; and WHEREAS, Estero Municipal Improvement District and the Village mutually desire to extend the term of the Agreement for an additional one-year period through December 31, 2024 at the current annual rental rate of $3,276, which extension is authorized by Section 1.2 of the Agreement; and
NOW, THEREFORE, BE IT RESOLVED that the Estero Municipal Improvement District Board does hereby authorize the President to sign a Second Amendment, dated January 16, 2024, extending the Agreement for an additional one-year term from January 1, 2024 through December 31, 2024, with additional extensions through June 30, 2026, and authorizing the District Manager to approve any future extension requests for extension of the term of the Agreement and all other conditions associated with extension requests for the use of City-owned office and meeting/classroom space, IT services and equipment at the Community Center.

6.6 Attachment 2 - EMID Resolution

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3 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 5 th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

PATRICK SULLIVAN, PRESIDENT
ATTEST:
_______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.6 Attachment 2 - EMID Resolution

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1 6
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SECOND AMENDMENT TO AGREEMENT BETWEEN

CITY OF FOSTER CITY AND THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND FOSTER CITY VILLAGE, INC.

FOR THE USE OF OFFICE AND MEETING SPACE
THIS SECOND AMENDMENT (“Second Amendment”) is made and entered into as of January 16, 2024 (hereinafter, “Effective Date”), by and between the CITY OF FOSTER CITY, a municipal corporation, and THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT (EMID), a political subdivision of the State of California, (hereinafter collectively referred to as “CITY”) and the FOSTER CITY VILLAGE, INC. a community non-profit organization (hereinafter, “FCV”) (collectively CITY and FCV hereafter “Parties”).

RECITALS
This Second Amendment is entered into with reference to the following facts and circumstances:

A. That CITY is the owner of land and improvements at 1000 East Hillsdale Boulevard commonly known as the Foster City Community Center; B. That FCV is a community non-profit organization that provides services in support of successful aging;
C. On December 13, 2021, the City of Foster City/Estero Municipal Improvement District and the FCV entered into an agreement for the use of office space at the Community Center, among other things (“Agreement”); D. That, prior to and until this Agreement, FCV was utilizing office space at the Foster City Community Center pursuant to a rental agreement; E. That FCV and CITY have a common interest in ensuring that services are available and provided to Foster City’s aging population; F. That FCV and CITY previously entered into a first amendment to the Agreement t on January 1, 2023, which is set to expire on December 31, 2023; Section 1.2 of the original Agreement allows for additional extensions to the term through June 30, 2026; and the parties now mutually desire to extend the

6.6 Attachment 3 - Second Amendment to Agreement

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term of the Agreement for an additional period of one year from January 1, 2024 to December 31, 2024 at the current annual rental rate of $3,276.

G. That FCV and CITY agree upon the terms and conditions as set forth in the sections below.

SECTION ONE: AGREEMENT TERM
Section 1.1 of the Agreement is hereby amended as follows:

1.1 Initial Term:

Subject to Section 13 and to the termination provisions contained herein, the initial term of the Agreement shall commence January 1, 2024, and expire on December 31, 2024 (“Agreement Term”).

Section 1.2 of the Agreement is hereby amended as follows:

1.2 Term Extensions:

The contract term may be renewed at the CITY’S sole option for up to four (4) one- year (12 months) increments through June 30, 2026 (“Agreement Term Extension”).

Within four months of the expiration of the current term of the Agreement, but not less than two (2) months before the expiration, the City/District Manager may, in their sole discretion, exercise the City’s/District’s option to extend the term of the Agreement, should an option remain, by notifying FCV in writing.

Except as provided above, all other terms of the Agreement remain in full force and effect. [Signatures on Next Page]

6.6 Attachment 3 - Second Amendment to Agreement

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IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first written above.

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT By: _________________________________
Patrick Sullivan, Mayor/President
ATTEST: Dated: ______________________________
____________________________________
Priscilla Schaus, City Clerk/District Secretary
APPROVED AS TO FORM: Dated: ___________________________ _________________________________
Benjamin Stock, City Attorney/District
Legal Counsel

FOSTER CITY VILLAGE, INC.

Dated: ___________________________
_________________________________
Pam Frisella, President

6.6 Attachment 3 - Second Amendment to Agreement

74 DATE: February 5, 2024

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Assistant City Manager
Sofia Mangalam, Community Development Director
Edmund Suen, Finance Director
Priscilla Schaus, Communications Director/City Clerk
DEPARTMENT: City Manager
Community Development
Finance
Communications/City Clerk
SUBJECT: INFORMATIONAL REPORT ON THE PRELIMINARY ANALYSIS OF THE CITY’S CURRENT BUSINESS LICENSE TAX (BLT) STRUCTURE,

VARIOUS BLT METHODOLOGIES AND COMPARISON TO OTHER
CITIES

RECOMMENDATION
It is recommended that the City Council receive and accept an informational report on the preliminary analysis of the City’s current Business License Tax (BLT) structure, various BLT methodologies and comparison to other cities’ BLT structure. This is an informational report only. No action is required.

EXECUTIVE SUMMARY
Last year, the City Council adopted its key priorities and initiatives for the calendar year 2023 ( link). Anticipating the fiscal challenges that are ahead of us, the City Council adopted Goal 3.1 “Identify new revenue sources and strengthen existing resources to ensure Foster City finances are more resilient to economic fluctuations and support city services.” Under this goal, two (2) measures/initiatives were identified including:

7.1 7.1 Staff Report

75 •Initiate and engage in ongoing dialogue with City businesses to build strong relationships and assess their needs and understand their perspectives on a BLT ballot measure.
•Research BLT methodologies and consider feasibility of various methodologies (e.g., gross receipts, square footage, employee count) with presentation to Council in January 2024.

On October 16, 2023, staff presented a preliminary report outlining the strategy for amending the BLT Ordinance and the subsequent steps leading up to the potential ballot measure in the November 2024 General Election. Staff also noted the importance of engaging consultants who have the expertise on the subject matter prior to engaging with the business community and key stakeholders ( see staff report). The City Council voted 5-0-0 , adopting Minute Order No. 1944, to receive and accept the Preliminary Report on Potential Business License Tax Ordinance Amendment and November 2024 General Election Ballot Measure, and provided direction to (1): Reissue the RFP for BLT consulting services if responses received exceed the City Manager purchasing policy authority of $50,000; and (2) direct staff to continue efforts regarding placing a potential BLT ballot measure on the November 2024 General Election.

BACKGROUND
The City of Foster City requires all businesses operating within the City to obtain a business license and pay business license taxes. This revenue is locally controlled and funds essential services. BLT is a common and important revenue source for many cities.

BLT is an annual tax charged to anyone doing business in the city.

CITY'S CURRENT BUSINESS LICENSE TAX STRUCTURE
The City of Foster City's BLT Ordinance was enacted in 1972, shortly after the City's incorporation. Since that time, the BLT Ordinance has only been updated once in 2013.

Foster City Municipal Code Title 5 “Business Licenses and Regulation” Chapters 5.04 to

5.40 outlines the provisions of the City's BLT. The model which the city follows is based on gross receipts with a single tax rate. This model has growth potential yet is also subject to economic downturns, which also means there may be significant revenue volatility during periods of expansion and contraction (gross receipts are self-reported by each business).

Below is an overview of the City’s business license tax as of 2023.

7.1 7.1 Staff Report

76 After declining to $1.507 million in FY 2020-21 as a result of the pandemic, business license tax revenues recovered to $1.735 million in FY 2022-23.

The Financial Challenge
On June 20, 2023, the City Council adopted the FY 2023-24 Budget. The FY 2023-24 Budget and 5-Year Financial Plan reflect ongoing General Fund structural deficits as budgeted annual expenditures, including transfers out to the City’s CIP Fund exceed estimated annual revenues. Based on the Financial Plan, the current and next fiscal years’ anticipated deficits are $6.32 million and $6.78 million respectively. In response to this fiscal challenge, City staff have been tasked with finding new revenue sources to resolve the anticipated General Fund structural deficits forecasted for the next five (5) years. While the City anticipates continued volatility in its various revenue streams, it is also committed to maintaining existing service levels and prudent General Fund reserve levels to protect the City's long-term fiscal sustainability.

October 16, 2023, City Council Meeting and work afterwards During the October 16 th Council meeting, staff briefly discussed the City’s current BLT structure, financial outlook, and engagement of consultants to prepare an informational report. The staff report outlined the anticipated next steps leading up to a potential ballot measure.

Subsequent to the meeting, staff engaged with HdL to prepare an informational report on the City’s current BLT structure, an analysis of comparable cities’ BLT structures and alternative fee structures and discuss the pros and cons of the various BLT methodologies.

Concurrently, on October 26, 2023, staff issued a combined Request for Proposals (RFP) for Polling and Public Outreach Consultant Services, with responses due on November 15, 2023. Staff received three (3) responses. Upon interviewing the three responders, staff decided that given the complexity of the scope of services, issuing the two (2) RFPs separately would yield a better outcome and/or response to the RFPs.

Subsequently, staff issued the following RFPs:
• Polling services RFP (issued on December 01, 2023, with due date of December 11, 2023), and
• Outreach services RFP (issued on December 18, 2023, with due date January 15, 2024).

7.1 7.1 Staff Report

77 Staff received three (3) responses, each for the two (2) RFPs mentioned above.

The City has a purchasing policy under which the City Manager is authorized to approve contracts under $50,000. GrassrootsLab was selected for outreach consulting services and FM3 research (FM3) was selected to provide polling services. Each of these contracts were under $50,000.

This informational report marks the first step outlined in the October 16 Staff Reports in the progression leading up to a potential ballot measure.

ANALYSIS

In order to adequately inform the City Council, the residents and the business community, a comprehensive report on the City’s current BLT Ordinance, other BLT structures, and notably, impact of proposed changes to BLT on the business community and city revenues is critical. Staff have engaged with a team of three (3) consultants to help the City with the efforts pertaining to modernization of its current BLT. The team includes HdL for tax study, GrassrootsLab for outreach and engagement, and FM3 for polling services.

The business license tax is a tax on “carry[ing] on any business, trade, profession, calling, or occupation in the City.” (Foster City Municipal Code (FCMC), sect. 5.04.030). Once we know what is taxed, we need to measure how much of that taxable activity is occurring within the City (or subject to the City’s taxation powers) referred to as the “measure of the tax.”
In most cases, business license tax uses proxies for the measure of taxable activity.

Those proxies fall into the three significant alternatives for measuring taxable activity:
inputs (like the number of employees), flat taxes, and outputs or gross receipts.

On January 24, 2024, city staff had a kickoff meeting with all the three (3) consultants to share information on the city’s current BLT structure, understand the makeup of the existing businesses that operate in the City, the process of putting a potential tax measure on the ballot and anticipated next steps. HdL presented its preliminary findings on the BLT study. A memo summarizing the preliminary findings is included as Attachment 1.

The memo includes a detailed comparison of major types of business tax and weighs the pros and cons of each approach; Foster City’s current business license tax structure and how it compares to other cities; and what possibilities are there to modernize the tax and preserve services.

Staff and consultants discussed the importance of conducting an early public opinion/community priorities survey informing the City’s decision makers regarding public attitudes towards the city and its services, and the feasibility of any revisions to City revenue sources. This initial survey will be conducted in February.

Stakeholder Outreach and Engagement
Grassroots Lab has prepared a memo outlining key outreach components and associated timeline pertaining to potential revisions to BLT (see Attachment 2). The memo stresses

7.1 7.1 Staff Report

78 the importance of engaging the community and key stakeholders in a comprehensive manner, utilizing surveys, meetings, and outreach efforts to gather input, share information, and evaluate the program's effectiveness.

Polling
The memo prepared by FM3 emphasizes the importance of survey research in informing the City's decision-making process regarding BLT modernization, with a focus on both voter and business perspectives. The proposed timeline provides a structured approach to gather critical guidance for potential ballot measures and community engagement (Attachment 3).

ACTIONS REQUIRED AND ELECTION OVERVIEW
The City’s current BLT is considered a general tax because funds generated from the tax are considered general fund revenues that can be used for any governmental purpose.

A potential ballot measure to increase the BLT that utilizes funds generated from the tax in same manner would also be a general tax that would require a 2/3rd majority vote of the City Council (4 out of 5 Councilmembers) to be placed on the ballot and a simple majority vote (50% + 1) of the voters to pass. By law, a general tax may only be placed on the ballot when there is a City Council election, except in cases of emergency declared by a unanimous vote of the City Council. California Constitution Article XIII C Section 2(b) governs this requirement, which restricts the placement of such a measure during such election years. If revenue generated by a tax is used for a specified purpose the tax is considered a special tax which requires a majority vote of the Council to place the measure on the ballot and a 2/3 vote of the voters to pass.

Calling for Election and Consolidation of Election
A separate resolution is necessary to call for the election and place the measure on the ballot for the November 5, 2024, General Municipal Election. The County of San Mateo’s deadline for the City to call an election and request consolidation for the election is July 3, 2024. Per the Elections Code, if the City Council wants to place a measure on the November 5th ballot, the Council must also adopt a resolution placing any such measures on the ballot and submit it to the County of San Mateo Board of Supervisors and Assessor County Clerk-Recorder Elections' Office no later than 5:00 PM on August 9, 2024. The resolution would contain the wording of the measure as it would appear on the ballot and request its consolidation with the November 5, 2024, General Election. At the meeting placing a potential measure on the ballot, the City Council would also establish Argument and Rebuttal deadlines that correspond to the deadlines set by the County.

Staff anticipates returning to the City Council for policy direction to call the election and potentially placing a measure on the ballot in June 2024.

NEXT STEPS

7.1 7.1 Staff Report

79 The consultant will conduct an early public opinion/community priorities survey to gauge the electoral viability of a potential BLT modernization measure and how it could potentially fit into community priorities. Staff will then bring back the results of the survey to the City Council for further direction. Pending direction from the City Council, the consultants will continue to engage with the community and stakeholders in Spring and early Summer, in parallel to refining the structure of a potential modernized BLT.

California Environmental Quality Act
This activity is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
City contracted with three (3) consultants: HdL in the amount of $35,000; GrassrootsLab in the amount of $49,000; and FM3 in the amount of $49,900. All these agreements can be paid from the available funds in the Economic Development Division budget due to savings from the vacant Economic Development Manager position.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:

Attachment 1 – Memo from HdL
Attachment 2 – Memo from GrassrootsLab
Attachment 3 – Memo from FM3

7.1 7.1 Staff Report

80 We have been exploring possibilities for how to adjust the City’s business license tax to help preserve services for the residents of the City and the businesses that are part of the fiscal tapestry of the City.

By exploring these possibilities, we hope to illuminate some possible paths to overcoming the structural deficit facing the City over the next five years. Much like the history of the reclaimed land on which the City is built, exploring these possibilities seeks to shore up the resources needed to protect the City, the people that call it home, and the businesses that have chosen to locate here.

We have been working extensively with our business license modernization team to review the City’s current structure, compare that structure to others in our area, and review possible paths to our goals.

This summary presents a few highlights of the work so far.

What is a business license tax, and how is it measured? The business license tax is a tax on “carry[ing] on any business, trade, profession, calling, or occupation in the City.” (Foster City Municipal Code (FCMC), sect. 5.04.030).

Once we know what is taxed, we need to measure how much of that taxable activity is occurring within the City (or subject to the City’s taxation powers). For ease of reference, we call this the “measure of the tax.” In most cases, business license tax uses proxies for the measure of taxable activity. Those proxies fall into the three significant alternatives for measuring taxable activity: inputs (like the number of employees), flat taxes, and outputs or gross receipts. The chart below summarizes the key points of comparison for the different measures.

Continued on the next page.

7.1 Attachment 1 - Memo from HdL

81 Major Types of Measurements
Measure Type Measure Pro Con
Input Per Employee •Maybe less volatile
than gross receipts
•Higher burden on businesses with more labor
inputs (like restaurants) that have already seen
their costs of goods sold increase.
•Doesn't capture per-employee productivity gains
from technology.

Input Square
footage
•Fixed amount for
calculation
•Can be tricky to calculate.
•Tends to miss the business activity occurring at
other than floor level. (For example, if you have a
warehouse that has shelving that is 20 feet high,
but you are only measuring the square footage
imprint, your measure misses significant business
activity.
•Is limited to only businesses with a location in the
city, reducing the tax base.

Input Unit •The units of input may
already be tracked.
•Does require pro-ration and may only have a
weak relation to the amount of business activity.

Flat N/A •Easy to calculate. •No clear relationship to the amount of taxable activity.

Output Gross
Receipts
•Closer relationship to
the amount of
business activity since
it captures the output
of the taxable activity.
•Can include alternative
measures for the cost
of operations without
traditionally
recognized "gross
receipts."
•Increase in the volatility of revenues since they
are pegged to the outputs of the business
activities.
•In some cases, may be harder to calculate.
•Under State law, it cannot be based on net
income.

What is Foster City’s current business tax structure?
Category
Minimum
Tax
Gross
Receipt
Rate
Maximum
Tax
Business
Count
Total Reported1 Gross
Receipts Tax Collected
General
Contractor $200 449 $204,000,000 $203,000
All Other
Businesses $100
$0.75 per
thousand $28,597
1,202 $59,895,000,000 $1,448,000
Totals 1,651 $60,099,000,000 $1,651,000
1 Gross receipts represented in the tables is based on the reported gross receipts, given the low cap there is reason to be cautious about concluding that all of that revenue is from taxable activity in Foster City.

7.1 Attachment 1 - Memo from HdL

82 The City currently uses gross receipts as its measure of taxable activity. The key features of the City’s current gross receipts tax—at least as they impact revenue—are the minimum tax and maximum tax (or cap). Please note that both in the table above and throughout this summary, we have used the data from the 2023 licensing period, which is to say any license that expired in 2023, when providing details from the City’s existing tax structure and, when estimating the current revenue, we actually used a lower amount than the actual results in 2023 to adjust for some uncertainties in the gross-receipt reporting (as noted in footnote 1, below).

How does Foster City’s tax structure compare to other cities? Foster City is about in the middle of the comparison cities on a per capita basis.

City Revenue
Per Capita
Sausalito6 $226.96
Richmond $72.92
San Mateo $62.83
Daly City $54.44
San Bruno $51.88
Foster City $46.85
South San
Francisco $41.47
Belmont $37.70
San Carlos $36.16
Burlingame $28.35
Union City $25.49
Hayward $19.46
Table 3:

Revenue Per Capita Comparison

If we compare the City to others in the region, using the hypothetical businesses in the two tables below, Foster City is currently imposing a lower tax than about half of the comparison cities. The key driver of that difference is the City’s cap on taxable gross receipts.

Continued on the next page.

7.1 Attachment 1 - Memo from HdL

83 Sample Business
Gross Receipts/
Employee/Units
Foster
City Belmont Burlingame Daly City Hayward
Outside Sub-Contractor $6,000 / 1 Emp $100 $376 $200 $110 $53 Home-Based Cottage
Food / Retail $22,000 / 1 Emp $100 $376 $200 $110 $16
General Contractor -
Remodeling $85,000 / 3 Emp $200 $446 $200 $110 $53
Business Service $450,000 / 5 Emp $338 $516 $300 $385 $120 Engineering Firm $500,000 / 5 Emp $375 $516 $300 $440 $632 Restaurant Chain $625,000 / 50 Emp $469 $1,391 $300 $578 $167 Family Dentistry $2,000,000 / 10
Emp $1,500 $691 $750 $2,090 $2,627
Apartment Complex
$5,000,000 / 20
Emp /
150 Units
$3,750 $5,500 $750 $5,390 Repealed
Large Retailer -
Grocery Store
$20,000,000 / 300
Emp $15,000 $10,841 $750 $21,890 $5,399
Business Services –
Large Firm
$350,000,000 / 400
Emp $28,597 $14,341 $750 $384,890 $94,499
$50,428 $34,994 $4,500 $415,993 $103,567
Sample Business
Gross Receipts/
Employee/Units
Foster
City
San
Bruno
San
Carlos
San
Mateo
Outside Sub-Contractor $6,000 / 1 Emp $100 $75 $253 $40 Home-Based Cottage
Food / Retail $22,000 / 1 Emp $100 $100 $253 $25
General Contractor -
Remodeling $85,000 / 3 Emp $200 $100 $253 $100
Business Service $450,000 / 5 Emp $338 $478 $271 $366
Engineering Firm $500,000 / 5 Emp $375 $530 $321 $394
Restaurant Chain $625,000 / 50 Emp $469 $630 $966 $466
Family Dentistry $2,000,000 / 10
Emp $1,500 $1,480 $446 $1,249
Apartment Complex
$5,000,000 / 20
Emp /
150 Units
$3,750 $3,130 $796 $2,959
Large Retailer –
Grocery Store
$20,000,000 / 300
Emp $15,000 $8,080 $3,055 $11,509
Business Services –
Large Firm
$350,000,000 / 400
Emp $28,597 $116,980 $3,055 $199,609
$50,428 $131,583 $9,669 $216,718

7.1 Attachment 1 - Memo from HdL

84 What possibilities are there to modernize the tax and preserve services?
We are continuing to explore options for addressing the needs of small businesses and our community with various alternative tax models that can lower the tax that smaller businesses pay (by lowering the minimum tax), increasing the gross receipt rate modestly, and having larger businesses pay more of their fair share by increasing the cap. Models along that line could potentially increase business tax revenue up to $1 million per year.

7.1 Attachment 1 - Memo from HdL

85 January 29, 2024
To: Foster City Staff
From: GrassrootsLab
Re: DRAFT: Potential Public Information Efforts
Thank you for the opportunity collaborate with the City on public information and education regarding the City’s fiscal status and the potential for revisions to its Business License Tax (BLT).

The suggested timeline and elements of our outreach effort are below. This process is done with routine updates to City leadership and their feedback and involvement where appropriate.

Approach
As the City assesses its needs through the current budget cycle and looks to potential revenue enhancement options, there are useful steps it can undertake prior to referring any measure to the ballot to garner critical feedback from key stakeholders and the general public.

Our approach will be to first support the conduct of a scientifically valid public opinion/community priorities survey. This will inform the City’s own decision makers regarding public attitudes towards the City and its services, and the feasibility of any revisions to City revenue sources.

Subsequently, we will develop a shorter community survey, available online and in print at key locations (e.g. libraries, community centers, etc). This would be to further gauge the community’s top priorities and invite broader participation in the agenda setting process.

Following will be a formal outreach process that includes both community meetings as well as briefings for key groups within the City. These will include an overview of City services, finances and the potential options for modernizing the City’s BLT. Critical to this effort will be stakeholders in the business community to understand their perspectives and convey the City’s views of its near- and long-term fiscal situation.

Key Outreach Components and Timeline
February:
- Develop outreach plan with City Attorney, Public opinion firm and City staff - Identify key groups and opinion leaders

7.1 Attachment 2 - Memo from GrassrootsLab

86 - Develop Online survey, to be hosted on city website, promoted through existing city channels (social media, newsletters, etc)
- Initiate meetings with key stakeholders, e.g. major employers, opinion leaders, etc.

March
- Initiate Community Meetings with Key Groups, e.g. HOAs, Service Clubs, Chamber, etc oPresentation on fiscal matters and current issues/challenges with service delivery
- Distribute Mailer Inviting Public Participation in Survey. Include QR code and/or return card to all registered voting households. Include letter from senior agency administrator (e.g. City Manager)
April - May
- Ongoing Stakeholder and Community Meetings
- Conduct Town Hall meetings, open to public and broadcast on Facebook Live June
- Evaluate Program
- Prepare for potential council discussion.

7.1 Attachment 2 - Memo from GrassrootsLab

87 12100 Wilshire Boulevard, Suite 350 | Los Angeles, CA 90025 Phone: (310) 828-1183 | Fax: (310) 453-6562
1999 Harrison St., Suite 2020 | Oakland, CA 94612
Phone: (510) 451-9521 | Fax: (510) 451-0384
TO Sofia Mangalam
City of Foster City
FROM Curt Below & Lucia Del Puppo
FM3 Research
RE: Business License Tax Survey Research
DATE January 30, 2024
As part of Foster City's exploration of modernizing its business license tax (BLT), the City has asked FM3 research to conduct two different survey research projects, along with strategic input from GrassrootsLab. This brief memo discusses the role survey research can play in the City's decision-making process, as well as some initial thoughts on project timing.

HOW SURVEY RESEARCH COMPLEMENTS THE CITY'S BLT MODERNIZATION EFFORTS Our understanding is that Foster City staff and HdL Companies have already begun efforts to review the City's existing BLT, to compare it to more recently updated BLTs from other comparable cities and look at potential alternatives for Foster City. However, any modernization of the BLT will require voter approval and that is where survey research can help with decision making. And, in this case, the City has asked FM3 to conduct two survey projects: one of voters and one of local businesses.

While these goals may change after further consultation with City staff, the following are our initial thoughts on what voter survey research can bring to this process:
•Determine how voters view life in Foster City and what issues they currently see as the City's most pressing challenges.
•Assess how voters feel about city government, as well as its management of public funds and future planning. •Assess how voters might vote on a hypothetical ballot measure modernizing Foster City's BLT, and potentially different modernization approaches.
•See how voters feel about the current BLT and how it compares to a potential alternative. •Gain an understanding of how voters would prefer to see the City spend any additional revenue generated by a modernized BLT.
•Assess the electoral viability of a measure given a hypothetical exchange of community perspectives.

7.1 Attachment 3 - Memo from FM3

Page 2 ends

In summary, this voter survey research would allow FM3 to provide Foster City with information about the electoral viability of a potential BLT modernization measure and how it could potentially fit into community priorities.

On a parallel path, FM3 is also conducting a survey of local businesses. In this survey, FM3 will seek to assess opinions of businesses currently paying Foster City's BLT to better understand the following:
•Understand perspectives of Foster City's business environment. •Assess how businesses feel about city government, as well as the support it provides to local businesses. •Determine how businesses feel about the current BLT and the value they receive for it. •Gauge reactions to modernizing Foster City's BLT, and potentially different modernization approaches. •Gain an understanding of how businesses would prefer to see the City spend any additional revenue generated by a modernized BLT.

RESEARCH TIMING
After initial conversations with the broader city and consulting team working on this project, we are functioning under the assumptions that these initial surveys should take place in February-March timeframe to provide the City with critical guidance as the potential viability of a ballot measure and to understand how local businesses would feel about a modernization. This timing would be contingent upon other financial and legal analyses, as well as other community and business outreach and engagement.

Should the City feel comfortable proceeding with process, you would have the Spring and early Summer to continue with community and stakeholder engagement, as well as to refine the structure of a potential modernized BLT. The City would not need to vote on placement of a measure until the July-August timeframe, which also allows for gaining a better understanding of the broader political and economic environment of the Presidential Election year.

Additionally, many FM3 clients choose to conduct a shorter tracking survey of voters in the June-July timeframe with the final proposed measure to get a one last assessment of electoral viability before their elected officials need to make a placement decision.

7.1 Attachment 3 - Memo from FM3

89 DATE: February 5, 2024

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Madeline Koval, Recreation Coordinator
DEPARTMENT: Parks and Recreation
SUBJECT: YOUTH ADVISORY COMMITTEE’S 2023 YEAR END REPORT, REVIEW OF MISSION STATEMENT, AND GOALS FOR 2024

RECOMMENDATION
It is recommended that the City Council by Minute Order, receive and accept the Youth Advisory Committee’s 2023 Year-End Report; approve amendments to the mission statement; and accept the Goals for 2024.

EXECUTIVE SUMMARY
Pursuant to Minute Order No. 802, each citizen-advisory committee must prepare a written year-end report, review its mission statement, and prepare a written annual goals/work program for the upcoming year for presentation to the City Council at a City Council meeting in the first quarter of 2024.

At its special meeting on January 10, 2024, the Youth Advisory Committee approved the following:

1. 2023 Year-End Report

2. Reviewed Mission Statement
Mission Statement: The Foster City Youth Advisory Committee shall exist as a citizens’ group to advise and respond to the City Council in all matters related to the needs of youth in Foster City and to promote teen involvement in the community.

3. Goals for 2024

8.1 8.1 Staff Report

90 It is recommended that by Minute Order, the City Council accept the Youth Advisory Committee’s 2023 Year-End Report; approve the mission statement; and accept the Goals for 2024.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement

ATTACHMENTS
Attachment 1 - 2023 Youth Advisory Committee Year End Report Attachment 2 - 2024 Youth Advisory Committee Goals

8.1 8.1 Staff Report

91 Foster City Youth Advisory Committee
2023 Year-End Report
Goal: To continue to be leaders for the teens in the community.

Accomplishments:
•Attended a teambuilding event to build team comradery, learn effective ways to work as a team, and how to set an example for other teens in the community
•Established subcommittees in which each member had the opportunity to play a leadership role.

Goal: To enhance individual member’s personal skills in leadership and in service.

Accomplishments:
•Members practiced parliamentary procedure to conduct meetings in a fair and organized manner.
•Required each member to serve on the established sub-committees and gave each the opportunity to be the Chair Person for at least one event/activity.

Goal: To continue to serve charitable or community organizations.

Accomplishments:
•Made monetary contributions via the Halloween Festival, and the Spaghetti Feed Fundraiser to the Foster City Youth and Teen Foundation.

The members of the Youth Advisory Committee volunteered their time at these events as well as volunteered at Foster City Elementary School’s Falcon Fest.

Goal: To encourage members of our community to be waste conscious by organizing a program and event.

Accomplishments:
•Organized a challenge, with different ways of being waste conscious at home. Hosted an event at the Foster City Library, where members volunteered on a Saturdays and read books about the environment and lead activities that would teach kids about the environment and how to be more waste conscious.

Goal: To address food insecurity within our community.

8.1 Attachment 1 - 2023 Youth Advisory Committee Year End Report

92 Accomplishments:
•Attended Second Harvest food distribution in Foster City. Members volunteered and assisted with packaging food, loading groceries into vehicles, and
Approved by the Foster City Youth Advisory Committee at its special meeting of January 10, 2024.

8.1 Attachment 1 - 2023 Youth Advisory Committee Year End Report

93 Foster City Youth Advisory Committee
Mission Statement
And
Goals for 2024
Mission Statement: The Foster City Youth Advisory Committee shall exist as a citizens’ group to advise and respond to the City Council in all matters related to the needs of the youth in Foster City and to promote teen involvement in the community.

Our Goals for 2024 are:
•To continue to be leaders for the teens in the community •To enhance individual member’s personal skills in leadership and in service
•To continue to serve charitable organizations
•To collaborate with other City committees
•To expose members of the community to different cultures with food •To assist 8 th grade students have a smooth social transition to high school

8.1 Attachment 2 - 2024 Youth Advisory Committee Goals

94 Prepared Date 1/11/2024 City of Foster City, CA
Accounts Payable Check Register

Page 1 ends

Accounting Period 2024/7
Report Number 22
Check Date Check Number Vendor Name Description Check Amount 1/11/2024
1/11/2024
150826
150827

AAA BUSINESS SUPPLIES & INTERIORS
ACOM SOLUTIONS INC.

OFFICE SUPPLIES 262.28
SOFTWARE AND HARDWARE ANNUAL RENEWAL: 1/1/24- 6,660.00
12/31/24
1/11/2024
1/11/2024
150828
150829
ALEXANDER VOLOKITIN UNIFORM ALLOWANCE 220.00
AMAZON CAPITAL SERVICES, INC. (6) LG GRAM LAPTOPS AND MISCELLANEOUS SUPPLIES -

PARKS PROGRAM
9,203.70
1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
150830
150831
150832
150833
150834
150835
150836
ANIMAL DAMAGE MANAGEMENT, INC.

ANISHA CHERODIAN

ANVIKA NIPANE
GROUND SQUIRREL CONTROL 350.00

67.60RENTAL FEE REFUND
CLASS REFUND: WILD & WACKY WINTER CAMP

BUSINESS PHONE LINE ACCOUNT

CELLULAR SERVICES - POLICE CARS

TOWING SERVICE
270.00
AT&T 1,986.23
528.29AT&T MOBILITY
ATLAS TOWING SERVICES, INC. 531.50

BAY AREA WATER SUPPLY & CONSERVATION
AGENCY
FY23/24 3RD QUARTER ASSESSMENT AND WATER LOSS
CONTROL PROGRAM: NOVEMBER 2023
44,008.50
1/11/2024
1/11/2024
150837
150838

BAYSIDE BUILDING MATERIALS MISCELLANEOUS MATERIALS & SUPPLIES - PARKS AND

STREET PROGRAM
CIP717: ADD 3RD LAGOON PUMP INFRASTRUCTURE &
CIP718: LAGOON INTAKE STRUCTURE AND PUMP
BUILDING REHAB - PROFESSIONAL SERVICES:

OCTOBER 30, 2023-NOVEMBER 26, 2023
1,538.11
2,450.50BKF ENGINEERS
1/11/2024
1/11/2024
1/11/2024
1/11/2024
150839
150840
150841
150842

BRADY INDUSTRIES MISCELLANEOUS SUPPLIES - PARKS PROGRAM

WOOD CHIPPER REPAIR
1,608.95
4,055.09
275.00

CAL-LINE EQUIPMENT INC
CAPIO MEMBERSHIP RENEWAL: PRISCILLA SCHAUS

CASCADIA CONSULTING GROUP INC CLIMATE ACTION PLAN OUTREACH - PROFESSIONAL SERVICES: 6/26/23-7/25/23, 7/26/23-8/25/23, 8/26/23-
9/25/23, AND 9/26/23-10/25/23
12,533.75
1/11/2024
1/11/2024
1/11/2024
150843
150844
150845
CHEMSEARCH ECOFLOW BIOAMP PROGRAM 2,009.77
153.00
531.00

CLARK PEST CONTROL OF STOCKTON INC

COMMUNICATION ACADEMY

PEST AWAY SERVICE
INSTRUCTOR FEE: PUBLIC SPEAKING

9.1 Warrant Register Report FY 2023-2024 Number 22 - January 11, 2024

95 Prepared Date 1/11/2024 City of Foster City, CA
Accounts Payable Check Register

Page 2 ends

Accounting Period 2024/7
Report Number 22
Check Date Check Number Vendor Name Description Check Amount 1/11/2024
1/11/2024
1/11/2024
1/11/2024
150846
150847
150848
150849

CONTRACT SWEEPING SERVICES

CREATE MIX & MINGLE
STREET CLEANING SERVICES - DECEMBER 2023
INSTRUCTOR FEE: ARTISTIC MEDLEY
10,500.00
484.00
CREST/GOOD MANUFACTURING CO. INC
CSG CONSULTANTS INC.

PLUMBING MATERIAL & SUPPLIES - PARKS PROGRAM 159.70
D532 GILEAD-324 LAKESIDE, D542 WAVERLY PHASE 3,
D548 FAMILY DENTAL, D552 GILEAD PARK, RS2020-0001
LANTERN COVE, D561 GILEAD NRC - 331 LAKESIDE,
D559 GILEAD 346 LAKESIDE
6,590.00
1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
150850
150851
150852
150853
150854

DEPARTMENT OF CONSERVATION

DISABILITY ACCESS CONSULTANTS LLC

DIVISION OF THE STATE ARCHITECT

DLT SOLUTIONS, LLC
SMIP FOR 10/1/23-12/31/23 74.85
4,000.00

32.80 PROFESSIONAL SERVICES - ADA EVALUATION
SB 1186 10/1/23-12/31/23
AUTOCAD ANNUAL SUBSCRIPTION: 2/1/2024-1/31/2025 2,121.78 9,985.00EPS INC. STAINLESS STEEL RE-ENFORCEMENT UNISTRUT

PROJECT
1/11/2024
1/11/2024
150855
150856

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

EWING IRRIGATION PRODUCTS
WATER SERVICES: OCTOBER - DECEMBER 2023 55.20

MISCELLANEOUS MATERIALS & IRRIGATION SUPPLIES -

PARKS PROGRAM
460.20
1/11/2024
1/11/2024
150857
150858
FEDEX SHIPPING FEES 349.13
FIELDTURF USA INC. CIP709: SEA CLOUD PARK SYNTHETIC TURF 11,725.19 RESURFACING - PROFESSIONAL SERVICES: NOVEMBER
2023
1/11/2024
1/11/2024
150859
150860
FORELAND PARTS INC.

FORTRA, LLC
AUTO PARTS 76.16
ALERT LOGIC ESSENTIALS SUBSCRIPTION: 12/1/2023-
12/1/2024
7,500.00
1/11/2024
1/11/2024
1/11/2024
1/11/2024
150861
150862
150863
150864

FOSTER CITY ISLANDER

FUJI MATS LLC
ADVERTISEMENT: RZ2021-0001, AR2022-0060, UP2023-
0094, UP2023-0003, AND EA2023-0003
2" THICKNESS TATAMI ROLL OUT MATS - POLICE

DEPARTMENT

MISCELLANEOUS SUPPLIES - LAGOON, WATER,

BUILDING, VEHICLE, AND PARKS PROGRAM
ON-SITE MAINTENANCE: JULY - DECEMBER 2023
1,100.00
5,377.95
1,118.34
5,407.50

GRAINGER

HIP HOUSING AFFORDABLE VENTURES INC

9.1 Warrant Register Report FY 2023-2024 Number 22 - January 11, 2024

96 Prepared Date 1/11/2024 City of Foster City, CA
Accounts Payable Check Register

Page 3 ends

Accounting Period 2024/7
Report Number 22
Check Date Check Number Vendor Name Description Check Amount 1,119.881/11/2024
1/11/2024
1/11/2024
150865
150866
150867

HOME DEPOT CREDIT SERVICES
IEDA

MISCELLANEOUS MATERIAL & SUPPLIES - PARKS,

BUILDING, SEWER, STREETS, & WATER PROGRAMS
LABOR RELATION SERVICES: DECEMBER 2023 AND
JANUARY 2024
6,690.72
INTEGRATED DESIGN 360 LLC ELECTRICAL CAPACITY STUDY AND COMMUNITY 16,833.50 ENGAGEMENT - PROFESSIONAL SERVICES: NOVEMBER
2023
1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
150868
150869
150870
150871
150872
150873

IT'S PERSONNEL

JAY MARLETTE

JESSICA MUKAI

JOHN DEERE
HR SUPPORT - NOVEMBER 2023 17,135.68
100.00EMPLOYEE REIMBURSEMENT: JAY MARLETTE
CLASS REFUND: CERAMICS WORKSHOP 350.00

MISCELLANEOUS PARTS - PARKS PROGRAM
EMPLOYEE REIMBURSEMENT: KATHERINE MENDOZA
1,151.23
216.82KATHERINE MENDOZA

LAW ENFORCEMENT PSYCHOLOGICAL SERVICES PRE-EMPLOYMENT EXAMS INC
900.00
1/11/2024
1/11/2024
150874
150875
LC AUTO SMOG CHECK SHOP SMOG TEST FOR FLEET 440.00
LORAL LANDSCAPING INC. LANDSCAPE, MEDIANS AND EASEMENTS MAINTENANCE FEE: DECEMBER 2023
11,965.00
1/11/2024
1/11/2024
150876
150877
LYNGSO GARDEN MATERIALS, INC.

MADDAUS WATER MANAGEMENT INC
LANDSCAPE MATERIALS - PARKS PROGRAM 3,570.54
5,535.00WATER NEUTRALITY ORDINANCE IMPLEMENTATION -
PROFESSIONAL SERVICES: 10/16/23-11/30/23
RENTAL DEPOSIT REFUND1/11/2024
1/11/2024
150878
150879
MADHUR JAJOO 200.00
MISSION CLOUD SERVICES, INC CALOPPS SUPPORT SERVICES: JANUARY 2024 AND CALOPPS SUPPORT - AMAZON WEB SERVICES:

DECEMBER 2023
3,614.30
1/11/2024
1/11/2024
1/11/2024
1/11/2024
150880
150881
150882
150883

MISSION LINEN SUPPLY-UNIFORM

MY T PLUMBING
LAUNDRY SERVICES 655.50
601.40PLUMBING REPAIR AT 833 COMET
PARTICIPANT FEE: DECEMBER 2023NAVIA BENEFIT SOLUTIONS, INC.

NINJAONE LLC
126.00

NINJAONE REMOTE MONITORING AND MANAGEMENT
TOOL ANNUAL SUBSCRIPTION: 11/30/2023-11/29/2024
12,840.00

9.1 Warrant Register Report FY 2023-2024 Number 22 - January 11, 2024

97 Prepared Date 1/11/2024 City of Foster City, CA
Accounts Payable Check Register

Page 4 ends

Accounting Period 2024/7
Report Number 22
Check Date Check Number Vendor Name Description Check Amount 1/11/2024
1/11/2024
1/11/2024
1/11/2024
150884
150885
150886
150887

NWESTCO LLC

OFFICE DEPOT

FUEL SYSTEM OPERATOR INSPECTION

OFFICE SUPPLIES
3,627.45
129.46
OGAWA-MUNE INC PLANT MATERIALS FOR PARKS 3,992.19
OTIS ELEVATOR COMPANY ELEVATOR MAINTENANCE SERVICES: 1/1/2024-3/31/2024 2,132.61 1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
1/11/2024
150888
150889
150890
150891
150892
150893
150894
150895
150896
150897

PACIFIC GAS & ELECTRIC COMPANY

PACIFIC OFFICE AUTOMATION, INC

PENINSULA GYMNASTICS
ELECTRICITY 1,732.59
1,656.90
1,888.00
179.48

COPIER USAGE CHARGES
INSTRUCTOR FEE: GYMNASTICS

MISCELLANEOUS SUPPLIES - WATER PROGRAM

SIDEWALK OFFSET REPAIR

POLLARDWATER

PRECISION CONCRETE CUTTING

PREFERRED ALLIANCE
6,100.00
280.17"DOT"COMPLIANCE EXPENSES - NOVEMBER 2023

TOWEL/UNIFORM LAUNDRY SERVICES
GARAGE DOOR REPAIR AT 631 COMET

PORTABLE WATER LAB TEST

PRUDENTIAL OVERALL SUPPLY
R & S ERECTION OF SAN MATEO, INC.

SAN MATEO COUNTY HEALTH DEPARTMENT

COUNTY OF SAN MATEO
453.63
470.00
8,838.00
246.76CA LAW ENFORCEMENT TELECOMMUNICATIONS
SYSTEM ACCESS: NOVEMBER 2023
CRIME LAB FEE1/11/2024
1/11/2024
150898
150899

SAN MATEO COUNTY SHERIFF'S OFFICE

SAN MATEO LAWN MOWER SHOP
3,497.00

MISCELLANEOUS SUPPLIES - VEHICLE, PARKS, AND

WATER PROGRAM
10,422.84
1/11/2024 150900 SMCCMA 2024 SAN MATEO COUNTY CITY MANAGERS

ASSOCIATION (SMCCMA) MEMBERSHIP DUES

OFFICE SUPPLIES
500.00
1/11/2024
1/11/2024
1/11/2024
150901
150902
150903

STAPLES BUSINESS CREDIT

DEPARTMENT OF JUSTICE

T-MOBILE
716.37
356.00FINGERPRINTING SERVICES

MONTHLY CELLULAR SERVICES AND TELEPHONE LINE

FOR BUILDING ENTRY
3,222.49
1/11/2024
1/11/2024
150904
150905
THE HOME DEPOT PRO JANITORIAL SUPPLIES - BUILDING PROGRAM 1,109.08 THERMAL MECHANICAL INC. HVAC SYSTEM REPAIR AND PREVENTATIVE

MAINTENANCE
11,621.29
1/11/2024 150906 THIRKETTLE CORPORATION WATER METER PURCHASES 2,240.90

9.1 Warrant Register Report FY 2023-2024 Number 22 - January 11, 2024

98 Prepared Date 1/11/2024 City of Foster City, CA
Accounts Payable Check Register

Page 5 ends

Accounting Period 2024/7
Report Number 22
Check Date Check Number Vendor Name Description Check Amount 1/11/2024
1/11/2024
1/11/2024
150907
150908
150909
TRI-VALLEY MOTO MOTORCYCLE PARTS 774.89
URBAN INSIGHT, INC. CALOPPS TECHNOLOGY SERVICES - DECEMBER 2023 2,500.00 8,170.00URBAN PLANNING PARTNERS INC. PLANNING GENERAL, GRAD2020-003, HOUSING

ELEMENT UPDATE, AND OBJECTIVE DESIGN
STANDARDS - PROFESSIONAL SERVICES: NOVEMBER
2023
1/11/2024
1/11/2024
1/11/2024
1/11/2024
150910
150911
150912
150913

UTILITY TELECOM GROUP, LLC

VERITIV OPERATING COMPANY

VISION SERVICE PLAN - (CA)

WARMAN SECURITY

TELECOMMUNICATION SERVICES

JANITORIAL SUPPLIES
4,258.25
725.21
VISION PREMIUM: JANUARY 2024 1,429.79
16,311.40SERVICE CALL, DOORS.NET LICENSING, LABOR, AND

MATERIAL
1/11/2024
1/11/2024
150914
150915

WE GO LOGO WORK JACKET - VEHICLE PROGRAM, GAVEL PLAQUE
FOR PRC 2023 CHAIR: FRED BAER, AND EVENT STAFF T-

SHIRTS FOR SUMMER DAYS
1,086.21

WILLIE FRANKLIN PARKS AND RECREATION WILD & WACKY WINTER CAMP MAGIC SHOW PERFORMANCE: 12/20/2023
200.00
341,275.60
Submitted for Information:
____________________________________________
Edmund Suen, City Treasurer
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON JANUARY 11, 2024

9.1 Warrant Register Report FY 2023-2024 Number 22 - January 11, 2024

Foster City City CouncilFebruary 5, 2024

Foster City City Council
February 5, 2024