L. Searchlights, Spotlights, and Klieg Lights. Searchlights, Spotlights, and Klieg lights when used as attention-attracting devices for commercial uses.
M. Sign Affixed to Trees . Any sign nailed, tacked , or otherwise affixed to trees or other vegetation.
N. Signs for Prohibited Uses. A sign displaying a commercial message promoting a business that is a prohibited use and has not been established as a legal nonconforming use.
O. Any signs that:
1. Emit or reflect light by means of direct fluorescence, phosphorescence or “day - glow” colors;
2. Reflect light by means of a glossy, polished, or mirrored surface;
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29 3. Are animated or include components that flash or blink;
4. Accompanied with loudspeakers used to call attention to a product, service, or property;
5. Obstruct the visual lines of sight at corners or intersections for drivers of motor vehicles, including any signs placed within the twenty-five (25) foot sight triangle.
6. May obstruct the free use of any exit, entrance, window vent, emergency access, fire lane, or standpipe;
7. May interfere with, obstruct, confuse or mislead traffic;
8. Utilizing visible guy wires, angle irons or iron frame structures;
9. Consisting of several sheets of paper connected together by perforations, tape, staples or any other means; or
10. Placed on, affixed to, or erected on or over public property, rights -of-way, or waterways, except signs which are exempt pursuant to Section 17.59.060 of this chapter.
P. Off premise s igns which identify or advertise a product or servi ce not available on the premises, except off -site real estate signs and construction signs allowed pursuant to Sections 17.59.080 of this chapter, and off-site freestanding signs for commercial properties without street frontages, pursuant to Section 17.59.100.
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30 C.Q. With the exception of signs as provided in subsections A, B and C of Section 17.59.060, the placement of signs in any portion of a city park or the city’s levee pedway /bikeway is prohibited; signs placed in violation of this subsection are subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
3. Temporary noncommercial right-of-way signs shall not be placed in any public parks and shall be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
4. With the exception of public parks, temporary noncommercial right-of-way signs may be placed on public property within the first ten feet from the back of the sidewalk or ten feet from the curb, when no sidewalk is present. Temporary noncommercial ri ght-of-way signs shall not interfere with pedestrian circulation along sidewalks, pathways or the levee/pedway; shall not obstruct bicycle circulation along bicycle paths; shall not obstruct the sight distance of drivers of vehicles; and/or shall not cause unsafe conditions as determined by the city. Signs deemed to create a hazardous condition shall be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
5. Temporary noncommercial right-of-way signs placed in residential zoning districts shall be no larger than four square feet.
6. Temporary noncommercial right-of-way signs placed in zoning districts other than residential shall be no larger than eight square feet.
7. Temporary noncommercial right-of-way signs shall not be illuminated.
8. Temporary noncommercial right-of-way signs may be placed ninety days prior to an election and shall be removed no later than ten days after an election.
9. Any temporary noncommercial right -of-way signs deemed to have damaged public property shall be subject to immediate removal by the city. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign.
K. Copy changes on existing legally established signs using the same materials, colors, and typeface size and style.
L. Temporary noncommercial signs placed on private property may only be allowed with the owner’s consent, and in residential zoning districts shall be no larger than four square feet, and if placed in any other zoning district, no larger than eight square feet. Any such signs may be placed ninety days prior to an election and shall be removed no later than ten days after the election, and may not be placed on any roof. (Ord. 651 §§ 4, 5, 2022; Ord. 533 § 1 (part), 2006; Ord. 517 § 2 Exh. A (C), 2005: Ord. 454 § 2, 1998; Ord. 432 § 1 (part), 1996; Ord. 409 § 1, 1994; Ord. 396 § 1, 1992; Ord. 364 § 2 (part), 1989)
15.12.180 Temporary signs.
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31 R. Any other signs not specifically allowed by provisions of this chapter; however, nothing in this chapter shall be construed to prohibit any sign, notice or advertisement required by law.
17.59.080 Temporary Signs.
Temporary signs shall be allowed for a specific duration as stipulated in the provisions of this section or as set by the approving authority in approving the sign permit. Unless specifically exempted from sign permit by Section 17.59.060 of this chapter, all temporary signs not otherwise exempt shall require approval by the community development director and a permit.
Nothing in this section shall prohibit the community development director from approving a prototypical real estate sign to be used by a real estate company in several locations. The prototypical sign approval shall include height, text, square footage, co lors, materials, and criteria for location such as setbacks from streets and corners.
Notwithstanding approval of a prototypical real estate sign, the specific location of each such sign shall be approved by the community development director prior to installation.
D.A. A. Temporary window signs which are exempt pursuant to Section 17.59.060 of this chapter;.
E.B. B. Real estate signs as indicated in Table 1-A and as exempt pursuant to Section 17.59.060 of this chapter;.
F.C. C. Construction signs and construction trailer signs as indicated in Table 1;-A.
G.D. D. Temporary noncommercial right-of-way and Temporary noncommercial signs which are exempt pursuant to Section 17.59.060N of this chapter;.
E. Grand Opening Signs. One banner, not illuminated and not to exceed fifty square feet in area for retail commercial uses or twenty-five square feet in area for office or industrial uses, shall be allowed to identify a use, its nature and the opening d ate. Such banner shall not be displayed longer than thirty days total which shall be before, during and after the opening, or for a period to be approved by the community development director. The use of such signs is subject to the following limitations:
E. 1. “A” Frame and Other Portable Sidewalk Signs for Commercial Use. Each business may display one (1) “A” frame or other portable sidewalk sign in compliance with the following standards.
1. Location. A portable sidewalk sign shall be placed only within the boundaries of the applicable business’ frontage where specifically allowed by the sign permit or encroachment permit, and shall be positioned so that it will not:
(a) Obstruct the sidewalk clearance required in compliance with the Americans with Disabilities Act (ADA);
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32 (b) Impede any line of sight for motorists at vehicular public right -of-way intersections, as recommended by the public works director; or (c) Interfere with people exiting and entering parked cars.
2. Number. No more than one (1) sign shall be permitted per activity or business.
3. 2. Size. Sign width shall not exceed two (2) feet and six (6) inches. Sign height shall not exceed four (4) feet. Sign height shall be measured perpendicular from the sidewalk surface to the highest point of the sign.
4. Other Requirements.
(a) The sign shall be removed from the sidewalk at the close of business each day.
(b) The sign shall be stabilized to withstand wind gusts or shall be removed during windy conditions.
(c) In addition to the sign permit required by this chapter, an encroachment permit shall be obtained from the public works department before any sign is placed in the public right-of-way.
F. Grand Opening Signs . The sign shall be temporary, designed either as a wall sign or a window sign. The sign can be in the form of a banner.
1. 3. Location.
(a) The sign shall be located below the roof eaves, and at no time shall any portion of the sign be higher than twenty (20) feet above ground level.
(b) 4. The sign shall not exceed the length of the store/business frontage, nor shall it block ingress/egress to any of the business entrances.
(c) 5. Grand opening signs shall be placed on the primary business frontage of the commercial or industrial business which is the subject of the sign.
2. 6. Number. No more than one (1) sign shall be permitted per activity or business.
3. Size. One (1) banner, not illuminated and not to exceed fifty (50) square feet in area for retail commercial uses or twenty -five (25) square feet in area for office or industrial uses, shall be allowed to identify a business, its services or products, and the opening date.
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33 4. Time of Display . Such banner shall not be displayed longer than sixty (60) days total which shall be before, during and after the opening, or for a period to be approved by the community development director.
5. Other Requirements. The community development director may require special design criteria for grand opening signs that he/she /they determines require special treatment beyond what is contained in subsections (E)(1) through (5) of this section.
(d)(a) 7. Signs shall be kept clean and in good repair at all times that they are in use.
H.G. F. Promotional Sales Signs. A promotional sales sign which is not otherwise exempt as a window sign pursuant to Section 17.59.060 of this chapter, may be approved for a temporary period of time, as specified under commercial and industrial uses. The use of such signs is subject to the following limitations:
1. No more than one sign shall be permitted per activity or business.
2. The sign shall be temporary, designed either as a wall sign or a window sign. The sign can be in the form of a banner.
3. The sign shall not exceed fifty square feet, shall be located below the roof eaves, and at no time shall any portion of the sign be higher than twenty feet above ground level.
4. The sign shall not exceed the length of the store/business frontage, nor shall it block ingress/egress to any of the business entrances.
5. The use of such signs is subject to the following limitations:
1. Location.
(a) Promotional sales signs shall be placed on the primary business frontage of the commercial or industrial business which is the subject of the sign.
(b) 6. The sign shall not exceed the length of the store/business frontage, nor shall it block ingress/egress to any of the business entrances.
2. Number. No more than one (1) sign shall be permitted per activity or business.
3. Size. The sign shall not exceed fifty (50) square feet, shall be located below the roof eaves, and at no time shall any portion of the sign be higher than twenty (20) feet above ground level.
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34 4. Time of Display. Promotional sales signs shall be limited to a display period not to exceed fifteen sixty (60) days. Four promotional periods shall be permitted for each maximum per calendar year, not to exceed a total of sixty days per year. Two periods may be combined for a maximum of thirty consecutive days.
5. 7. Other Requirements.
(b)(a) The community development director may require special design criteria for promotional sales signs that he/she/they determines require special treatment beyond what is contained in subsections (EG)(1) through (65) of this section.
(c)(b) 8. Signs shall be kept clean and in good repair at all times that they are in use.
H. G. Special Events and Sales . Sidewalk or parking lot sales, carnivals, exhibits and parades.
2.1. 1. Merchants, charitable or community interest organizations may be allowed such signing in any zoning district as deemed appropriate to announce, locate, identify or advertise the event and the products or services offered or exhibited.
3.2. 2. The necessity for submittal of plans and specifications for any or all of the signs associated with the event shall be as determined by the community development director.
I. H. Recurring Events . Nothing in this chapter shall prohibit the planningcommunity development director from approving sign permit applications for the use of any sign to announce, locate, identify or advertise a paper drive, school activity or event, blood drive, holiday event or similar recurring events.
J. I. Urgently Needed Signs . Any signs deemed by the planningcommunity development director to be urgently needed may be allowed temporarily by the community development director with the submittal of an application for sign permit for the sign, until such time as the approving authority approves or denies the sign permit application or the comm unity development director determines that the sign is no longer urgently needed. (Ord. 651 § 6, 2022; Ord. 517 § 2 Exh. A (D), 2005: Ord. 432 § 1 (part), 1996; Ord. 364 § 2 (part), 1989) K. Real Estate and Construction Signs. Nothing in this section shall prohibit the community development director from approving a prototypical real estate sign to be used by a real estate company in several locations. The prototypical sign approval shall include height,
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35 text, square footage, colors, materials, and criteria for location such as setbacks from streets and corners. Notwithstanding approval of a prototypical real estate sign, the specific location of each such sign shall be approved by the community developmen t director prior to installation.
TABLE 1-A
REAL ESTATE AND CONSTRUCTION SIGNS
CLASS & PURPOSE LAND USE
& SIZE
SIGN
AREA
(MAX)
REMARKS
Construction Sign:
Identify construction
or project underway
Residential
any size
Four (4)
square feet
1. Removal required within sixty (60) days
of completion of construction, subject to a
permit issued prior to placement of sign.
Nonresidential
up to one (1)
acre
Sixteen (16)
square feet
1. Removal required within sixty (60) days
of completion of construction.
2. Fifteen (15) feet minimum setback.
Nonresidential
more than one
(1) acre
Thirty-two
(32) square
feet
1. Removal required upon completion of
construction.
2. Fifteen (15) feet minimum setback.
Real Estate Sign:
Identify vacant land
for sale, lease, or
development
Commercial
and Industrial
up to one (1)
acre
Sixteen (16)
square feet
1. Removal required within sixty (60) days
of successful sale, lease, or development of
property or erection of signs allowed for
soliciting tenants.
2. Fifteen (15) feet minimum setback.
3. For Commercial and Industrial sites of
more than five (5) acres, one (1) additional
freestanding sign for each additional five
hundred (500) feet of frontage shall be
allowed.
Commercial
and Industrial
one (1) to five
(5) acres
Thirty-two
(32) square
feet
Commercial
and Industrial
more five (5)
acres
Thirty-two
(32) square
feet
Real Estate Sign:
Soliciting tenants in a
future project for
which plans have been
approved;
or,
entire existing
developed properly for
sale or lease
Commercial
and Industrial
up to one (1)
acre
Sixteen (16)
square feet
1. Removal required within sixty (60) days
of successful sale, lease, or development of
property or erection of signs allowed for
soliciting tenants.
2. Five (5) feet minimum setback. Commercial
and Industrial
more than one
(1) acre
Thirty-two
(32) square
feet
Real Estate Sign:
Soliciting tenants in an
existing developed
property
Commercial
and Industrial
Sixteen (16)
square feet
1. Removal required within sixty (60) days
of successful sale, lease, or development of
property or erection of signs allowed for
soliciting tenants.
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36 2. Five (5) feet minimum setback.
Real Estate Sign:
Offering an entire
existing developed
property for sale
Other than
commercial
and industrial
up to one (1)
acre
Sixteen (16)
square feet
1. Removal required upon sale of property.
Other than
commercial
and industrial
more than one
(1) acre
Thirty-two
(32) square
feet
Real Estate Sign:
Announce, locate,
identify, or advertise a
development of new
residences
Other than
commercial
and industrial
any size
Four (4)
square feet
Real Estate Sign:
Permanent
All uses 1. A permanent real estate sign requires a
sign permit or shall be included in a sign
program for the site.
* For residential construction signs, one sign per * For residential construction project onlysigns, one (1) sign per street frontage per construction project.
K.L. Additional requirements:
1. All signs shall be freestanding and not illuminated.
2. Signs shall be not more than eight feet in height.
3. The intent of this section is to encourage the submittal of a complete signing program for model homes, including identification signs, directional signs and any necessary supplemental signs, which will complement the character of the development, the neighborhood and the community.
4. :
1. Conditions of approval may be added by the approving authority.
2. 5. All real estate and construction signs shall be freestanding unless otherwise stated in Table 1-A.
3. The maximum height for all freestanding real estate and construction signs shall be eight (8) feet.
4. No illumination is allowed.
2.5. All signs described on this table are subject to the approval of the community development director pursuant to Section 17.59.080.
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37 6. A permanent real estate sign shall be designed to be architecturally consistent with the other permanent signs and any sign program for the site.
(Ord. 553 § 2 Exh. A, 2010: Ord. 432 § 1 (part), 1996)
17.59.05017.59.090 15.12.190 Public Convenience Signs.
Signs which in the opinion of the community development director serve the public safety or convenience, such as entrance, exit, parking, no parking, no trespassing, office, manager, street address, bulletin boards, directional signs, instructional/direction signs at recycling centers, and civic and cultural promotion signs, may be allowed in any zoning district of the city.
Such signs may be wall signs, freestanding signs or monument signs and may be of any size, number and illumination determined by the approving authoritycommunity development director to be necessary and adequate to their intended purpose.
Such signs twenty (20) square feet or less in area and not illuminated may be approved by the community development director. Signs larger than twenty (20) square feet or illuminated shall require approval by the planning commission. (Ord. 432 § 1 (part), 1996: Ord. 364 § 2 (part), 1989)
15.12.200 Signs allowed for specific uses.
17.59.100 A. Sign Development Standards.
A. Residential Uses.
1. Individual Residence Identification. One street address sign per residence is an exempt sign as stipulated in Section of this chapter.
2. Grouped Residences Identification.
a. A residential development, such as a subdivision of single -family homes, townhouses, or condominiums, shall be allowed one freestanding sign to identify the development. Such sign shall not exceed twenty square feet in area or four feet in height and shall not be illuminated.
b. Apartment Identification. An apartment development shall be allowed one freestanding sign not to exceed four feet in height or one wall sign, per property frontage plus one additional sign for each additional five hundred linear feet of property fron tage. Each such sign shall not exceed twenty square feet in area and shall be so designed to temporarily or permanently incorporate rental availability information. Rental availability information shall be restricted to identification of the manager’s or a gent’s location and/or telephone number. Rental or lease terms, apartment sizes and description of amenities shall not be included. Such signs may be externally illuminated.
B. .
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38 TABLE 2-A
RESIDENTIAL USES
CLASS SIGN TYPE NUMBER SIGN
AREA
(MAX)
HEIGHT
(MAX)
REMARKS
Subdivision of
single-family
homes,
townhouses
(less than 50
units),
Condominiums
(less than 50
units)
Freestanding
Sign
1. One (1) freestanding
sign for community
identification located on
the development’s
primary frontage.
2. For developments
with frontage on more
than one public street, a
second freestanding
sign may be allowed on
the second frontage.
Twenty
(20)
square
feet
Four (4)
feet
1. Sign area is only
calculated for one (1)
side of a freestanding
sign.
2. Signs may be
internally or externally
illuminated.
Individual
Residence
Identification
One (1) street address
sign per residence
Exempt Sign
Directional
Signs
Refer to
Section 17.59.090
Townhouses,
Condominiums,
and/or mixed-
use residential
development of
50 or more
units
Refer to
Section 17.59.120
Apartments,
Senior Living
Freestanding
Sign (Note:
Freestanding
or wall sign)
One (1) freestanding
sign per property
frontage plus one (1)
additional sign for each
additional 500 linear
feet of property
frontage.
Twenty
(20)
square
feet
Four (4)
feet
1. Sign area is only
calculated for one (1)
side of a freestanding
sign.
2. Signs may be
internally or externally
illuminated.
3. Signs shall be so
designed to temporarily
or permanently
incorporate rental
availability information
Wall Sign
(Note:
Freestanding
or wall sign)
One (1) wall sign per
frontage plus one (1)
additional sign for each
additional five hundred
(500) linear feet of
property frontage.
Twenty
(20)
square
feet
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39 4. Rental availability
information shall be
restricted to
identification of the
manager’s or agent’s
location and/or
telephone number.
5. Rental or lease terms,
apartment sizes and
description of amenities
shall not be included.
Directional
Signs
Refer to
Section 17.59.090
Individual
Residence
Identification
One (1) street address
sign per residence
Exempt Sign
B. Commercial Uses..
TABLE 3-A
COMMERCIAL USES
CLASS SIGN TYPE NUMBER SIGN AREA
(MAX)
HEIGHT
(MAX)
REMARKS
Commercial
Centers less
than 5 acres
Freestanding
identification
Sign -
Commercial
Center
One (1)
freestanding
sign
Ten (10) square
feet per acre for
sign identification
of the center.
Sixteen
(16) feet
1. Signs shall be
restricted to identification
of the name and address
of the center.
2. Signs may be
internally or externally
illuminated.
Freestanding
identification
Sign –
Tenant
identification
One (1)
freestanding
identification
sign
Ten (10) square
feet per acre for
sign identification
of the tenants.
Sixteen
(16) feet
1. Signs shall be
restricted to the
identification of the name
and address of the tenant.
2. Signs may be
internally or externally
illuminated.
One (1) wall
sign on the
primary
Sign area shall be
one-half square
foot per linear foot
Signs may be internally
or externally illuminated.
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40 Wall Sign –
Tenant
identification
business
frontage, and
of business
frontage or Twenty
(20) square feet,
whichever is
greater. No sign
shall exceed fifty
(50) square feet or
fifteen percent (15
%) of the
building’s face,
whichever is
greater.
One (1)
additional
sign on the
secondary
business
frontage.
Secondary
business frontage
identification sign
shall not exceed
fifty percent (50%)
of that allowed for
the primary
business frontage
sign.
Awning and
canopy Signs
– Tenant
identification
One (1) for
each
establishment
having
entrance
under or
offering
service under
the awning or
canopy.
5 square feet 14 feet with
min.
clearance of
8 feet
1. Awning shall not be
illuminated.
2. Canopy signs may be
internally or externally
illuminated.
Projecting
Signs –
Tenant
identification
One (1) for
each building
frontage or
tenant space.
Five (5) square
feet
14 feet with
min.
clearance of
8 feet
1. A projecting sign
cannot extend more than
four (4) feet from the
building to which it is
attached and must be
designed and located so
as to cause no harm to
street trees.
2. Signs projecting into
the public right-of-way
are subject to an
encroachment permit.
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41 3. A Projecting sign
cannot extend further
than the outer edge of the
marquee, covered
walkway, canopy, or
awning from which it is
attached.
4. Projecting signs shall
not be illuminated.
Window
Signs –
Tenant
identification
Window sign
exempt
pursuant to
Section
17.59.060 and
one (1)
illuminated
window sign
(see remarks)
Sign area for
window signs shall
be the aggregate
square footage of
all window signs,
temporary and
permanent,
illuminated and
non-illuminated,
displayed in or
behind a window,
and shall not
exceed forty
percent (40%) of
the surface area of
the window.
1. Illuminated window
signs shall not include
signs with directly
exposed neon tubing.
2. The message on
approved illuminated
changeable copy window
signage may be changed
as frequently as the
owner desires.
3. The total amount of all
illuminated window
signage allowed shall be
limited to ten percent
(10%) of the aggregate
total glass surface area of
the storefront elevation
on which it is placed but
shall not exceed three (3)
square feet and shall be
limited to one (1)
approved sign per store.
4. Neon signs more than
ten (10) feet from a
window which are visible
from outside the window
shall be subject to a sign
permit approved by the
planning commission.
Directional
Signs
Refer to
Section 17.59.090
Commercial
Centers 5 acre
and larger –
A Master Sign Program
is required and shall be
approved by the planning
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255
42 see remarks commission. Refer to
Section 17.59.120.
Single
commercial
businesses not
located in a
commercial
center*
Freestanding
Sign (in lieu
of wall sign)
Sign area shall not
exceed twenty-
four (24) square
feet in area.
Six (6) feet *freestanding or wall
sign
Wall Sign One (1) wall
sign on the
primary
business
frontage, and
1. Sign area shall
be one-half square
foot per linear foot
of business
frontage or Twenty
(20) square feet,
whichever is
greater.
2. No sign shall
exceed fifty (50)
square feet or
fifteen percent
(15%) of the
building’s face,
whichever is
greater.
Sign may be internally or
externally illuminated.
One (1)
additional
sign on the
secondary
business
frontage.
Secondary
business frontage
identification sign
shall not exceed
fifty percent (50%)
of that allowed for
the primary
business frontage
sign.
Sign may be internally or
externally illuminated.
Awning and
canopy Signs
One (1) for
each
establishment
having
entrance
under or
offering
service under
the awning or
canopy.
5 square feet 14 feet with
min.
clearance of
8 feet
1. Awning shall not be
illuminated.
2. Canopy signs may be
internally or externally
illuminated.
Projecting
Signs
One (1) for
each building
Five (5) square
feet
14 feet with
min.
1. A projecting sign
cannot extend more than
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256
43 frontage or
tenant space.
clearance of
8 feet
four (4) feet from the
building to which it is
attached and must be
designed and located so
as to cause no harm to
street trees.
2. Signs projecting into
the public right-of-way
are subject to an
encroachment permit.
3. A Projecting sign
cannot extend further
than the outer edge of the
marquee, covered
walkway, canopy, or
awning from which it is
attached.
4. Projecting signs shall
not be illuminated.
Directional
Signs
Refer to
Section 17.59.090
TABLE 3-B
COMMERCIAL USES (WINDOW SIGNS)
C. Office Uses.
TABLE 4-A
OFFICE USES
CLASS SIGN TYPE NUMBER SIGN
AREA
(MAX)
HEIGHT
(MAX)
REMARKS
Office
Centers less
than 5 acres
Freestanding
identification
Sign - Office
Center
One (1)
freestandin
g sign
Ten (10)
square
feet per
acre
Four (4)
feet
1. Signs shall be restricted to
identification of the name and
address of the center.
2. Signs may be internally or
externally illuminated.
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44 Wall Sign -
Building or
Major Tenant
Identification
One (1)
wall sign on
the primary
business
frontage,
and
One-half
square
foot per
linear foot
of
business
frontage
or
Twenty-
five (25)
square
feet,
whichever
is less.
Eight (8)
feet
Sign may be internally or externally
illuminated.
One (1)
additional
sign on the
secondary
business
frontage.
Secondary
business
frontage
identificat
ion sign
shall not
exceed
fifty
percent
(50%) of
that
allowed
for the
primary
business
frontage
sign.
Sign may be internally or externally
illuminated.
Office
Center -
Remaining
Tenant
Identification
Freestanding
identification
Sign or wall
sign or
Awning and
canopy Sign
Projecting
Sign
One (1)
wall sign
shall be
allowed to
be located
on the
primary
business
frontage of
each
building, to
identify the
remaining
tenants.
1. The remaining tenants shall be
identified in aggregate; their
identities being incorporated onto a
common freestanding or wall sign
except that tenants in an office
center may be allowed individual
identification signs where deemed
appropriate.
2. When individual tenant
identification signs are allowed, the
sign area of each such sign shall not
exceed one-eighth (1/8) square foot
of sign area for each one (1) linear
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258
45 foot of business frontage or ten (10)
square feet, whichever is less.
3. A sign aggregating the
identifications of the various
tenants may be designed to use
identically designed, replaceable
nameplates for the various tenants,
so that the nameplates may be
easily removed or rearranged. The
removal, rearrangement, or
replacement of the nameplates shall
not require review or approval.
4. Identification signs of remaining
tenants may be externally
illuminated.
Office
buildings
four stories
or more in
height
On office buildings four (4) stories
or more in height, additional wall
identification signs may be allowed,
pursuant to a sign use permit,
subject to the following:
1. Wall identification signs shall be
located on the affected wall surface
as defined in Section 17.59.030.
2. Wall identification signs shall be
limited to federally registered
corporate logos.
3. For office buildings four (4) or
five (5) stories in height, one (1)
additional nonilluminated wall
identification sign may be allowed.
4. For office buildings of six (6)
stories or more, two (2) additional
wall identification signs may be
allowed. Only one (1) wall
identification sign in addition to
any identification sign(s) approved
pursuant to subsections of this
section shall be allowed per
building elevation. If two (2) wall
identification signs are permitted,
they shall be located on opposite
corners of their respective
elevations or at least fifty (50) feet
apart on their respective elevations
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259
46 and the two (2) permitted wall
identification signs may display the
same or two (2) different federally
registered corporate logos.
5. Wall identification signage must
be proportionate to the wall size,
shall not be placed or located
within seventy-five (75) feet of a
residential zoning district measured
both horizontally and vertically and
may have halo back-lighting only.
6. Wall identification signs shall be
in balance in both dimension and
placement within the affected wall
surface area and shall not exceed
twelve percent (12%) of the total
square footage of the affected wall
surface area.
Office
buildings not
a part of an
office center
Freestanding
Sign in lieu
of wall sign
One (1)
freestanding
sign
Six (6) feet Freestanding sign may be
externally illuminated.
Directional
Signs
Refer to Section 17.59.090
Office
Center larger
than 5 acres
– see
remarks
A Master Sign Program is required
and shall be approved by the
planning commission. Refer to
Section 17.59.120.
D. Industrial Uses.
TABLE 5-A
INDUSTRIAL USES
CLASS SIGN TYPE NUMBER SIGN AREA (MAX) HEIGHT
(MAX)
REMARKS
Industrial
Center less
than 5 acres
Freestanding
identification
Sign –
Industrial
One (1)
freestanding
identification
sign
Ten (10) square feet of
sign area per acre, but
no such sign shall
Four (4)
feet
Unless otherwise
approved by a sign
request use permit, such
signs shall be restricted
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260
47 Center
Identification
exceed fifty (50) square
feet in area
to identification of the
name and address of the
center and may be
externally illuminated.
Wall Sign –
used to
identify
Building or
Major Tenant
One (1) wall
sign on the
primary
business
frontage of
each building,
and
One-quarter square foot
of sign area for each
one (1) linear foot of
business frontage or
twenty-five (25) square
feet, whichever is less.
Signs may be internally
or externally
illuminated.
One (1)
additional
sign on the
secondary
business
frontage.
Secondary business
frontage identification
sign shall not exceed
fifty percent (50%) of
that allowed for the
primary business
frontage sign.
Industrial
Building –
Remaining
Tenant
Identification
Freestanding
Identification
or Wall sign
One (1)
freestanding
Identification
or Wall sign
One-eighth square foot
of sign area for each
one (1) linear foot of
business frontage or ten
(10) square feet,
whichever is less.
Identification signs of
remaining tenants may
be internally or
externally illuminated if
a wall sign, or externally
illuminated if a
freestanding sign.
Industrial
Buildings not
part of an
Industrial
Center
Freestanding
Identification
or Wall sign
One (1)
freestanding
Identification
or Wall sign
One-eighth square foot
of sign area for each
one (1) linear foot of
business frontage or ten
(10) square feet,
whichever is less.
Four (4)
feet for
freestandi
ng
identificati
on sign
Identification signs may
be internally or
externally illuminated if
a wall sign, or externally
illuminated if a
freestanding sign.
Directional
Signs
Refer to
Section 17.59.090.
Industrial
Center larger
than 5 acres
– see
remarks
A Master Sign Program
is required and shall be
approved by the
planning commission.
Refer to
Section 17.59.120.
E. Quasi-Public Uses.
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261
48 TABLE 6-A
QUASI-PUBLIC UES
CLASS SIGN
TYPE
NUMBER SIGN AREA
(MAX)
HEIGHT
(MAX)
REMARKS
Religious institutions,
private schools,
hospitals, and other
uses of a quasi-public
nature
A Sign Master Program
is required and shall be
approved by the
planning commission.
Refer to
Section 17.59.120.
F. Monument Sig n. A monument sign as defined in Section 17.59.030, shall require a landscape planter around the base of the sign, containing shrubs and/or groundcover and flowering annual and/or perennial flowers. The design of the landscaping shall be such that natural growth will not obscure the sign from the public right-of-way.
G. Sign illumination shall be as defined in Section 17.59.030 Definitions, and shall comply with the provisions of Section 17.59.060.
H. No sign shall be illuminated except where expressly allowed in the provisions of this chapter.
17.59.110 Signs for Specific Use.
A. Gasoline Service Station Signs.
TABLE 7-A
GASOLINE SERVICE STATIONS
CLASS SIGN TYPE NUMBER SIGN AREA
(MAX)
HEIGHT
(MAX)
REMARKS
Gas
Service
Station
Freestanding
Identification
Sign
One (1)
freestanding
sign
Twenty-five
(25) square feet
Eight (8)
feet
Sign may be internally or
externally illuminated.
Wall Signs One (1) wall
sign per
property
frontage
Ten (10) square
feet per sign
Sign may be internally or
externally illuminated.
Price Signs One (1)
freestanding
price sign per
Twenty (20)
square feet
Eight (8)
feet
1. Signs shall be allowed to
indicate the prices and types of
gasoline for sale. This information
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262
49 property
frontage
shall not be repeated on the same
frontage.
2. Such signs may be designed to
use replaceable, interchangeable
numerals and the replacement or
rearrangement of the numerals
shall not require review or
approval.
3. Signs may be internally or
externally illuminated.
Window
Signs
Window signs exempt pursuant to
Section 17.59.060
One (1)
illuminated
window sign
per store
Ten percent
(10%) of the
aggregate total
glass surface
area of the store
or three-square
feet, whichever
is less
1. Illuminated window signs shall
not include signs with directly
exposed neon tubing.
2. The message on approved
illuminated changeable copy
window signage may be changed
as frequently as the owner desires.
17.59.120 Master Sign Program.
A. Purpose. The purpose of a Master Sign Program is to encourage creativity and provide incentives to comprehensively integrate signage into a development, as well as with the design of the structures, to achieve a unified architectural statement. Any alternative regulation and design standard approved through a Master Sign Program, may supersede the provisions of this chapter.
B. Applicability. A Master Sign Program is available for all properties and uses. For the following uses, a Master Sign Program is required:
1. Townhomes, Condominiums, and/or mixed -use residential developments of fifty (50) or more units.
2. Retail/Shopping Centers with five (5) or more tenants.
3. Commercial Centers of five (5) or more acres in size.
4. Commercial or Industrial Uses with lot size five (5) or more acres.
5. Religious institutions, private schools, hospitals, and other use s of a quasi -public nature.
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50 C. Review Authority. All Master Sign Programs are subject to review and approval of the Review Authority for the project with which the signs are associated. Master Sign Program applications may be submitted separately or as part of the permit application for the project.
1. The Planning Commission shall be the Review Authority for any new Master Sign Program application, application requesting additional sign area, additional height, or an increase in the number of signs otherwise allowed by this chapter.
2. The community development director shall be the Review Authority for any minor modifications to the existing Master Sign program and may, at his or her discretion, refer to the Planning Commission for a decision rather than acting on it himself , herself, or theirself.
D. Application Requirements. An application for Master Sign Permit shall be accompanied by required fee and working drawings adequate to show:
1. Site plan showing:
(a) Location of building(s) and proposed signs (including tenant space location).
2. Detailed elevation of sign(s) both new and existing, showing:
(a) Dimensions of sign;
(b) Sign Area;
(c) Color;
(d) Size and letter style of sign copy;
(e) Size and style of proposed logo;
(f) Sign materials; and
(g) Method of illumination.
3. Schematic building elevation showing:
(a) Dimensions of building frontage; and
(b) Exact location of existing and proposed signage ( photographs or other depictions may be submitted for sign copy changes).
4. Installation detail showing cross section through the sign and specifications of hardware and materials.
5. A statement explaining how revisions/modifications/replacement of tenant signs will be carried out to limit the possibility of holes being left in the structure's exterior by mounting brackets, electrical connections, or similar items.
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51 6. A statement of how the use of temporary signs, including banners, flags, pennants, and similar advertising devices will be monitored by the property owner/lessor to ensure compliance with the requirements of this chapter. Failure of the property owner/lessor to adequately monitor and control the use of temporary signs shall be grounds for revocation of the Sign permit.
E. Lessees shall be Informed of a Master Sign Program . Lessees within developments subject to the requirements of an approved Master Sign Program shall be made aware of the program in their lease and their responsibility to follow the approved Master Sign Program.
F. Findings. In approving an application for a Master Sign Program, the Planning Commission shall make the following findings:
The Master Sign Program is consistent with the Foster City general plan and Title 17, Zoning, and Chapter 17.06
1. Commercial Center Identification.
a. Each commercial center shall be allowed one freestanding identification sign if the center is smaller than five acres, or two such signs if between five and ten acres. Centers larger than ten acres shall be allowed the number of signs deemed adequate by the planning commission by approval of a sign request use permit as stipulated in Section of this chapter.
b. The allowable sign area for each such sign shall be ten square feet of sign area per acre for identification of the center and ten square feet of sign area per acre for identification of the tenants; provided that no such sign shall exceed one hundred square feet in area or sixteen feet in height.
c. Unless otherwise approved by a sign request use permit, such signs shall be restricted to identification of the name and address of the center and tenants and may be externally illuminated.
2. Commercial Business Signs.
a. Identification Signs.
i. One wall sign shall be allowed to be located on the primary business frontage of each business, to identify that business. Businesses located on a corner of a public street intersection or with frontage on a freeway shall be also allowed one additional wall sign on the secondary business frontage, unless such signs are prohibited pursuant to sign regulations for a specific development.
ii. For businesses not a part of a commercial center or where site design warrants as determined by the community development director, a freestanding sign not to exceed six feet in height, or a projecting sign, or an under-canopy sign, may be allowed in lieu of a wall sign, except on a secondary frontage facing a freeway.
iii. The sign area allowed for the primary business frontage identification sign shall be one-half square foot of sign area per one linear foot of business frontage or twenty square feet, whichever is greater; except that no sign shall exceed fifty squa re feet or fifteen percent of the building face, whichever is greater. The sign area allowed for the secondary business frontage identification sign shall not exceed fifty percent of that allowed for the primary business frontage sign.
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52 iv. Identification signs on the primary and secondary business frontages may be internally or externally illuminated.
v. In addition to the identification signing allowed in subsections A and B of this section, additional identification signing may be allowed to identify a primary pedestrian access if such is not located on the primary business frontage, or to identify a secondary pedestrian access or loading area, pursuant to a sign permit approved by the community development director. The number of such additional identification signs shall be as determined by the community development director to be adequate, the sign area of each shall not exceed five square feet and the signs may be wall signs, projecting signs or under-canopy signs. Such additional signs may be externally illuminated.
b. Window Signs. In addition to the identification signing allowed in subsection (2)(a) of this section, window signs as defined in Section of this chapter, may be allowed, subject to the provisions of this section.
The sign area allowed for window signs shall be the aggregate square footage of all window signs, temporary and permanent, illuminated and non -illuminated, displayed in or behind a window, which aggregate square footage shall not exceed forty percent of the surface area of the window. The following types of window signs are allowed:
i. Window signs which are exempt pursuant to Section of this chapter.
ii. One illuminated window sign, subject to the following restrictions:
(a) Illuminated window signs shall not include signs with directly exposed neon tubing.
(b) Illuminated window signs shall be set back a minimum of three feet from the interior surface of the window.
(c) Illuminated window signs shall require a sign permit issued by the planning/code enforcement division and an electrical permit issued by the building inspection division. Planning/code enforcement division staff will evaluate only the following feat ures related to window signage:
aggregate glass surface area of the store and proposed sign dimensions (length times width).
(d) The message on approved illuminated changeable copy window signage may be changed as frequently as the owner desires.
(e) The total amount of all illuminated window signage allowed shall be limited to ten percent of the aggregate total glass surface area of the storefront elevation on which it is placed but shall not exceed three square feet, and shall be limited to one approved sign per store.
iii. Neon signs more than ten feet from a window which are visible from outside the window shall be subject to a sign permit approved by the planning commission.
3. Gasoline Service Station Signs.
a. Identification Signs.
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266
53 i. Gasoline service stations shall be limited to one freestanding sign of an area not to exceed twenty- five square feet and a height not to exceed eight feet; and in addition for each property frontage, one wall sign not to exceed ten square feet in area shall be allowed.
ii. Gasoline service station signs may be internally or externally illuminated and, Section (A)(9) of this chapter withstanding, internally illuminated signs need not be reduced in area.
b. Price Signs.
i. For each business frontage, one freestanding sign not to exceed eight feet in height shall be allowed to indicate the prices and types of gasoline for sale. This information shall not be repeated on the same frontage.
ii. The sign area for each such sign shall not exceed twenty square feet.
iii. Such signs may be designed to use replaceable, interchangeable numerals and the replacement or rearrangement of the numerals shall not require review or approval as such is exempt as stipulated in Section of this chapter.
iv. Such signs may be externally illuminated.
c. Window Signs. In addition to the signing allowed above, window signs as defined in Section of this chapter, may be allowed, subject to the provisions of this section. The sign area allowed for window signs shall be the aggregate square footage of all window signs, temporary and permanent, displayed in or behind a window, which aggregate square footage shall not exceed forty percent of the aggregate total glass surface area of the window. The following types of window signs are allowed
i. Window signs which are exempt pursuant to Section of this chapter.
ii. One illuminated window sign, subject to the following restrictions:
(a) Illuminated window signs shall not include signs with directly exposed neon tubing.
(b) Illuminated window signs shall be set back a minimum of three feet from the interior surface of the window.
(c) Illuminated window signs shall require a sign permit issued by the planning code enforcement division and an electrical permit issued by the building inspection division. Planning/code enforcement division staff will evaluate only the following feat ures related to window signage:
aggregate glass surface area of the store and proposed sign dimensions (length times width).
(d) The message on approved illuminated changeable copy window signage may be changed as frequently as the owner desires.
(e) The total amount of all illuminated window signage allowed shall be limited to ten percent of the aggregate total glass surface area of the store or three square feet, whichever is less, and shall be limited to one approved sign per store.
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54 C. Office Uses.
1. Office Center Identification.
a. Each office center shall be allowed one freestanding identification sign if the center is smaller than five acres, or two such signs if between five and ten acres. Centers larger than ten acres shall be allowed the number of signs deemed adequate by the planning commission by approval of a use permit sign request as stipulated in Section of this chapter.
b. The allowable sign area for each such sign shall be ten square feet of sign area per acre but no such sign shall exceed fifty square feet in area or four feet in height. c. Unless otherwise approved by a sign request use permit, such signs shall be restricted to identification of the name and address of the center and may be externally illuminated.
2. Office Building or Major Tenant Identification (Wall Identification Sign).
a. One wall identification sign shall be allowed to be located on the primary business frontage of each building, to identify that building or major tenant. Buildings located on a corner of a public street intersection and not a part of an office center shall be also allowed one additional wall identification sign on the secondary business frontage.
b. For buildings not a part of an office center or where site design warrants as determined by the planning director, a freestanding sign not to exceed eight feet in height may be allowed in lieu of a wall identification sign.
c. The sign area allowed for the primary business frontage wall identification sign shall be one -quarter square foot of sign area for each one linear foot of business frontage or twenty-five square feet, whichever is less. The sign area allowed for the secondary business frontage wall identification sign shall not exceed fifty percent of that allowed for the primary business frontage sign.
d. Identification signs on primary and secondary business frontages may be internally or externally illuminated if a wall identification sign, or externally illuminated if a freestanding sign.
e. In addition to the sign(s) allowed pursuant to subsections (C)(2)(a), (b), (c) and (d) of this section, on office buildings four stories or more in height, additional wall identification signs may be allowed, pursuant to a sign use permit, subject to the following:
i. Wall identification signs shall be located on the affected wall surface as defined in Section .
ii. Wall identification signs shall be limited to federally registered corporate logos.
iii. For office buildings four or five stories in height, one additional nonilluminated wall identification sign may be allowed.
iv. For office buildings six stories or more, two additional wall identification signs may be allowed.
Only one wall identification sign in addition to any identification sign(s) approved pursuant to subsections (C)(2)(a), (b), (c) and (d) of this secti on shall be allowed per building elevation. If two wall
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55 identification signs are permitted, they shall be located on opposite corners of their respective elevations or at least fifty feet apart on their respective elevations and the two permitted wall identification signs may display the same or two different federally registered corporate logos.
v. Wall identification signage must be proportionate to the wall size, shall not be placed or located within seventy-five feet of a residential zoning district measured both horizontally and vertically and may have halo back-lighting only.
vi. Wall identification signs shall be in balance in both dimension and placement within the affected wall surface area and shall not exceed twelve percent of the total square footage of the affected wall surface area.
vii. Submittal requirements for wall identification signage shall include a complete city application and a sign use permit, time and materials deposit/fees, a colors and materials board, and ten sets of information containing all of the following: (A) a letter from the owner of the subject building authorizing the proposed wall identification sign to be placed on the building as depicted on the plans submitted to the city; (B) architectural elevation plans of the subject building, drawn at not less than one-inch scale for the affected wall surface area on which the sign is proposed to be placed, that includes the subject wall identification sign drawn to scale; (C) a scaled eleven- by fourteen-inch color photomontage that includes the proposed subject wall identification sign.
3. Office Building—Remaining Tenant Identification.
a. In addition to any building or major tenant identification signing, the remaining tenants shall be identified in aggregate, their identities being incorporated onto a common freestanding or wall sign, except that tenants in an office center may be al lowed individual identification signs where deemed appropriate by the planning director.
b. One wall sign shall be allowed to be located on the primary business frontage of each building, to identify the remaining tenants.
c. For buildings not a part of an office center or where site design warrants as determined by the planning director, a freestanding sign not to exceed six feet in height may be allowed in lieu of a wall sign, to exhibit the aggregated identities of the remaining tenants.
d. Where the planning director determines that individual identification of the remaining tenants is appropriate, such identification may be by a projecting sign, under-canopy sign, wall sign, or freestanding sign not to exceed four feet in height.
e. The sign area allowed for the primary business frontage identification sign of the aggregated remaining tenants shall be one -eighth square foot of sign area for each one linear foot of business frontage or ten square feet, whichever is greater; except that no such sign shall exceed twenty-five square feet.
f. When individual tenant identification signs are allowed, the sign area of each such sign shall not exceed one-eighth square foot of sign area for each one linear foot of business frontage or ten square feet, whichever is less.
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56 g. A sign aggregating the identifications of the various tenants may be so designed to use identically designed, replaceable nameplates for the various tenants, so that the nameplates may be easily removed or rearranged. The removal, rearrangement, or replacement of the nameplates shall not require review or approval as such is exempt as stipulated in Section of this chapter.
h. Identification signs of remaining tenants may be externally illuminated.
D. Industrial Uses.
1. Industrial Center Identification.
a. Each industrial center shall be allowed one freestanding identification sign if the center is smaller than five acres, or two such signs if between five and ten acres. Centers larger than ten acres shall be allowed the number of signs deemed adequate by the planning commission by approval of a sign request use permit as stipulated in Section of this chapter.
b. The allowable sign area for each such sign shall be ten square feet of sign area per acre, but no such sign shall exceed fifty square feet in area or four feet in height.
c. Unless otherwise approved by a sign request use permit, such signs shall be restricted to identification of the name and address of the center and may be externally illuminated.
2. Industrial Building—Building or Major Tenant Identification.
a. One wall sign shall be allowed to be located on the primary business frontage of each building, to identify that building or major tenant. Buildings located on a corner of a public street intersection and not a part of an industrial center shall be a lso allowed one additional wall sign on the secondary business frontage.
b. For buildings not a part of an industrial center or where site design warrants as determined by the planning director, a freestanding sign not to exceed four feet in height may be allowed in lieu of a wall sign.
c. The sign area allowed for the primary business frontage identification sign shall be one-quarter square foot of sign area for each one linear foot of business frontage or twenty-five square feet, whichever is less.
The sign area allowed for the secondary business frontage identification sign shall not exceed fifty percent of that allowed for the primary business frontage sign.
d. Identification signs on primary and secondary business frontages may be internally or externally illuminated if a wall sign, or externally illuminated if a freestanding sign.
3. Industrial Building—Remaining Tenant Identification.
a. In addition to any building or major tenant identification signing, each remaining tenant shall be allowed one wall sign to identify tenant.
b. Where site design warrants as determined by the planning director, a freestanding sign not to exceed four feet in height may be allowed in lieu of a wall sign.
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57 c. The sign area allowed for each tenant identification sign shall be one-eighth square foot of sign area for each one linear foot of business frontage or ten square feet, whichever is less.
d. Identification signs of remaining tenants may be internally or externally illuminated if a wall sign, or externally illuminated if a freestanding sign.
E. Quasi-Public Uses.
1. Identification Signs. Churches, schools, hospitals and other uses of a quasi-public nature as determined by the planning director shall be allowed one freestanding sign not to exceed four feet in height or one wall sign.
Such signs shall not exceed twenty square feet in area and may be externally illuminated.
2. Changeable Copy Signs.
a. In addition to any other allowed signing, the planning commission may, by approval of a sign request use permit with such restrictions as may be set by conditions of the use permit and upon a finding that the additional signing is in the public interest, allow changeable copy signing for those uses, such as churches, schools, entertainment and cultural uses, where it deems such to be appropriate.
b. Such signs may be wall signs or freestanding signs and generally shall be limited to fifty square feet in area and external illumination. (Ord. 558 § 2 (Exh. A), 2010; Ord. 520 § 2 Exh. A (part), 2005; Ord. 517 § 2 Exh. A (E)(F), 2005; Ord. 432 § 1 (part), 1996; Ord. 376 § 1, 1990; Ord. 364 § 2 (part), 1989)
15.12.210 Enforcement.
1. A. , Administration, Construction and Enforcement , of the Foster City Municipal Code.
2. The Master Sign Program complies with the standards of this Chapter 17.59, except that flexibility is allowed with regard to sign area, number of signs, location, and/or height.
3. Future tenants will be provided with adequate opportunities to construct, erect or maintain a sign for identification; and
4. Directional signage and building addressing is adequate for pedestrian and vehicular circulation and emergency vehicle access.
17.59.130 Construction and Maintenance.
A. Construction-installation. All permanent and temporary signs shall be constru cted and installed in a manner consistent with industry standards.
B. Maintenance. Every sign, including but not limited to those signs for which permits are required, shall be maintained in a safe, presentable, and good structural condition at all times, including replacement of defective parts, painting, cleaning and other acts required to maintain the sign, advertising structure, canopy or awning in its originally permitted and installed condition in accordance with the following criteria and with the other applicable provisions of city regulations:
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58 1. Paint. To prevent rust, peeling, flaking, fading or rotting, the permittee of any sign or advertising structure shall, as required, paint all parts and supports thereof unless the same are galvanized or otherwise treated.
2. Repairs. Broken panels, missing letters, defective illumination, torn fabric, flaking or peeling paint and other damage to a sign, advertising structure, awning, canopy or support structure shall be repaired.
3. Clean and Sanitary. All signs or advertising structures and the area surrounding same shall be maintained by the owner thereof in a clean, sanitary and inoffensive condition, and free and clear of all debris, rubbish and obnoxious substances, and any relat ed planted area or landscaping shall be kept trimmed and in a healthy condition.
4. Vacancies. Any sign which advertises a business, commodity, service, entertainment, activity, or event which has been discontinued, or is located on property which has been vacant and unoccupied shall be removed; provided, however, that a blank face (containing no sign graphics) may be substituted.
17.59.140 Enforcement.
C.A. Nonconforming Signs. Every sign in existence on the effective date of this chapter, and for which a sign permit was granted after May 1, 1972, pursuant to Ordinance 51 or Ordinance 176prior enactments, or which did not require a sign permit at the time it was erected, and which does not conform to the provisions of this chapter, is a legal nonconforming sign. A legal nonconforming sign must be removed or brought into conformance with the provisions of this chapter if such sign meets any of the following criteria:
1. 1. The sign’s use has ceased, or the structure upon which the sign has been erected or which the sign identifies has been abandoned by its owner, for a period of ninety (90) days or more.
2. 2. The sign has been more than fifty percent (50%) destroyed, and the destruction is other than facial sign copy replacement, and the sign cannot be repaired within thirty (30) days of the date of its destruction.
3. 3. The sign is remodeled or otherwise altered, and such remodeling or alteration is other than solely a change in sign copy.
4. 4. The sign is affected by expansion, enlargement, or remodeling of the building or land use upon which the sign is located.
5. 5. The sign is relocated.
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59 6. 6. The sign is temporary.
7. 7. The sign is or may become a danger to the public or is unsafe as determined by the planningcommunity development director.
8. 8. The sign constitutes a traffic hazard not created by relocation of streets or highways or by acts of the city, state or federal government.
D.B. B. Illegal Signs.
1. .
1. The following signs shall be considered illegal:
(a) a. Signs in existence on the effective date of this chapter and which are considered nonconforming pursuant to Ordinance 51 , and whose abatement period pursuant to such ordinance has expired.
(b) b. Signs which were not in conformance with the sign regulations in effect at the time they were erected.
(c) c. Signs which are unsafe or insecure, or are a menace to the public, or are being maintained in violation of the provisions of this chapter.
2. 2. Illegal signs shall be removed or altered to conform to the provisions of this chapter by the owner, agent or person having beneficial use of the same or of the building, structure, or land upon which such sign may be found, as directed by the planningcommunity development director or his/her/their designated representative.
Illegal signs may be removed by the property owner, or in the case of illegal signs on public property, may be removed by the planningcommunity development director or his/her/their designated representative.
E.C. C. Violations. Any person who violates any provision, or fails to comply with any of the requirements of this chapter, is guilty of an infraction, punishable by:
1. 1. A fine not exceeding one hundred dollars ($100) for a first violation;
7.2 Attachment 2 - Chapter 15.12 Sign Control with Redlines
273
60 2. 2. A fine not exceeding two hundred dollars ($200) for a second violation of the same provision within one year; and
3. 3. A fine not exceeding five hundred dollars ($500) for a third or subsequent violation of the same provision within one (1) year.
4. For purposes of this section each day in which an illegal condition continues is a single violation and each subsequent day such illegal condition continues is a new and separate offense.
F.D. D. Violations Constitute Public Nuisance. In addition to the penalties otherwise provided in this chapter, any violation of this chapter is a public nuisance. The city attorney, upon order of the city council, shall commence the necessary action or proceedings for the abatement, removal and enjoinment thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this title or other law or ordinance.
G.E. E. Duties. It shall be the duty of the planningcommunity development director or his/her/their designated representative to enforce this chapter. A sign erected upon public property in violation of the provisions of this chapter may be removed by the planningcommunity development director or his/her/their designated representative. It is unlawful for any person not authorized by the planningcommunity development director to remove signs from public property. The cost of the removal or alteration of any sign and any expense incident thereto, which by the terms of this section shall be paid by a permittee, sign owner, property owner or any other persons, shall become a debt owning the city for the collection of which the city may maintain civil action in its name. The planningcommunity development director or his/her/their designated representative may summarily and without notice cause the removal of any sign which is an immediate peril to person or property. (Ord. 364 § 2 (part), 1989)
15.12.220 Sign guidelines for specific developments.
A. General. The city may adopt sign guidelines for specific developments which are consistent with the intent and purpose of this chapter as contained in Section of this chapter and generally consistent with the criteria for sign approval contained in Section of this chapter. Such sign guidelines may include different regulations for signs and, where they differ, such guidelines shall supersede the provisions of this chapter. For items not specifically mentioned in such guidelines, the provisions of this chapt er shall otherwise apply. Notwithstanding any requirements for window signs that are contained in sign guidelines for specific developments, if there is a conflict between the specific guidelines and the regulations in this chapter, the regulations for win dow signs contained in this chapter shall apply.
B. Method of Adoption. Such guidelines for specific developments shall be adopted by resolution of the planning commission.
7.2 Attachment 2 - Chapter 15.12 Sign Control with Redlines
274
61 C. Contents. Sign guidelines shall include a format for all signs to be used in the development, including their maximum size, color, location, illumination details, lettering type, mounting details, and (if any) landscaping details.
D. Approving Authority. Unless otherwise provided in the sign guidelines for a specific development, the community development director shall have the authority to approve typical sign permits for signs in conformance with the adopted sign regulations for that development.
E. Sign Guidelines Required for Commercial Centers. No permit shall be issued for a sign to be located in a commercial center until sign guidelines have been approved pursuant to this section for the center and the sign complies with the provisions thereof. The review of retail center capsule signs shall be limited to placement, size, number, minimum border, frame color, and background color but shall not include text or logo color, message, or font, other than to preclude “dayglow” or fluorescent colors . (Ord. 517 § 2 Exh. A (G), 2005: Ord. 432 § 1 (part), 1996; Ord. 364 § 2 (part), 1989)
7.2 Attachment 2 - Chapter 15.12 Sign Control with Redlines
275
RESOLUTION NO. P-6-24
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY RECOMMENDING THAT THE CITY COUNCIL AMEND TITLE 15 BUILDING AND CONSTRUCTION AND TITLE 17 ZONING OF THE FOSTER CITY MUNICIPAL CODE, BY REPEALING CHAPTER 15.12 SIGN CONTROL AND REPLACING IT WITH A NEW CHAPTER 17.59 SIGN CONTROL AND FINDING THE AMENDMENTS EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3) - RZ2024-0004
FOSTER CITY PLANNING COMMISSION
WHEREAS, the City of Foster City’s (“City”) sign regulations are currently codified in Chapter 15.12 of the City Municipal Code (“Sign Ordinance”); and
WHEREAS, the City Council initially adopted the Sign Ordinance in 1989 and subsequently adopted several amendments to the Sign Ordinance including in the years 2005, 2006 and the most recent amendment in 2022; and
WHEREAS, the Sign Ordinance is intended to regulate signs located on property within the City over which the City has regulatory authority; and
WHEREAS, the Sign Ordinance also minimizes the possible adverse effects on signs placed on nearby public and private property, including streets and public rights-of- way; and
WHEREAS, caselaw supports the use of content-neutral regulations t o address aesthetic and safety concerns relating to signs, such as location, quantity, quality and durability of materials, size, illumination, and portability; among other things; and
WHEREAS, caselaw allows different levels of protection for noncommercial speech and commercial speech; and
WHEREAS, signs may significantly impact the aesthetic appeal and the visual environment of the City; and
WHEREAS, signs may significantly impact safety, traffic, and circulation issues by creating distractions to motorists or blocking motorists’ line of sight; and
WHEREAS, signs may significantly impact pedestrian access and safety by blocking sidewalks and other walkways; and
WHEREAS, the City desires to update the Sign Ordinance to ensure that signs continue to be regulated in an even- handed manner while also furthering the City’s aesthetic and public health, welfare, and safety concerns; and
7.2 Attachment 3 - Planning Commission Resolution P-06-24
276
Resolution No. P-6-24
RZ2024-0004
WHEREAS, the City desires to relocate Chapter 15.12 Sign Control from Title 15 Building and Construction to Title 17 Zoning, and create a new Chapter 17.59 Sign Control; and
WHEREAS, on March 7, 2024, the Planning Commission held a study session to update the public and the Planning Commission regarding proposed amendments to the Sign Ordinance; and
WHEREAS, the proposed amendments are exempt pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of having a significant effect on the environment; and
WHEREAS, on March 6, 2024, a Notice of Public Hearing was duly posted for consideration of the amendment to the Municipal Code Chapter 15. 12 and replacing it with a new Chapter 17.59, at the Planning Commission meeting on March 21, 2024; and
WHEREAS, the Planning Commission of the City of Foster City has carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing regarding the proposed amendment to Title 15 Building and Construction of the Foster City Municipal Code as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”); and
NOW, THEREFORE BE IT RESOLVED that the Planning Commission, based on facts and analysis in the staff report, written and oral testimony, and exhibits presented, finds that:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The proposed amendments are internally consistent with all other provisions of the General Plan and do not conflict with any of the previously adopted goals, policies, or programs of the General Plan.
3. The proposed amendments will not be detrimental to the public interest, convenience, and general welfare of the City.
4. The proposed amendments are exempt from CEQA Guideline Section 15061(b)(3) and consistent with Public Resources Code Section 21080.17.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City does hereby recommends that the City Council adopt an ordinance making various text amendments to Chapter 15.12 “Sign Control” within Title 15 “Building and Construction” of the Foster City Municipal Code are hereby amended by repealing the existing Chapter 15.12 in its entirety and replacing it creating Chapter 17.59 “Sign Control” in Section 17 “Zoning” , contained in Exhibit A, attached hereto and incorporated herein and finding the amendments exempt from the CEQA.
PASSED AND ADOPTED as a Resolution by the Planning Commission of the City of Foster City at a Regular Meeting thereof held on March 21, 2024 by the following vote:
7.2 Attachment 3 - Planning Commission Resolution P-06-24
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Resolution No. P-6-24
RZ2024-0004
AYES, COMMISSIONERS: Bronitsky, Venkat, Pedro and Chair Jagtiani
NOES, COMMISSIONERS:
ABSTAIN, COMMISSIONERS:
ABSENT, COMMISSIONERS: Haddad
___________________
RAVI JAGTIANI, CHAIR
ATTEST:
____________________________
SOFIA MANGALAM, SECRETARY
Ravi Jagtiani (Mar 29, 2024 16:04 PDT)
Ravi Jagtiani
7.2 Attachment 3 - Planning Commission Resolution P-06-24
278
P
LANNING COMMISSION MINUTES MARCH 21, 2024
RE GULAR MEETING OF THE FOSTER CITY PLANNING COMMISSION C
ouncil Chambers – 620 Foster City Boulevard – Foster City M
I N U T E S
M
ARCH 21, 2024
1. CA LL TO ORDER
A
t 7:00 p.m. by Chair Jagtiani
2. ROLL CALL
P
resent: Commissioners Bronitsky, Pedro, Venkat and Chair Jagtiani A
bsent: Commissioner Haddad
S
taff Present: Sofia Mangalam , Community Development Director ; Helen Gannon, Associate Planner; James Atkins, Senior Planner; Monica Ly, Planning Manager
3. COMMUNICATIONS FROM THE PUBLIC
1. None
4. CONSENT CALENDAR
1. M
inutes of March 7, 2024 Regular Meeting Minutes
ACTION: Motion by Commissioner Venkat , seconded by Commissioner Pedro , to approve the Minutes of March 7, 2024, passed 3-0-1-1 (Absent: Haddad)
5. CONTINUED PUBLIC HEARING
1. N
one
6. NEW PUBLIC HEARING
1. U
SE PERMIT REQUEST FOR A 312 SQUARE FOOT SECOND-STORY ADDITION,
INTERIOR REMODELING, ADDITION OF A SOUTH FACING PERFORATED METAL
SHADE SCREENING ELEMENT, A NEW DOOR ON THE EAST ELEVATION, NE W
S
OUND WALL, AND NEW STREET-SIDE LANDSCAPING AT THE EXISTING KID’S CO
NNECTION PRESCHOOL LOCATED AT 1970 BEACH PARK BLVD. (UP2023- 0103) AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15301.
A
CTION: Motion by Commissioner Venkat, seconded by Commissioner Bronitsky, to A
dopt Resolution No. P-5-24, approving UP2023-0103 subject to the conditions of approval in Exhibit A, passed 4-0-0-1 (Absent: Haddad)
7.2 Attachment 4 - Minutes for March 21, 2024 Planning Commission meeting
279
P
LANNING COMMISSION MINUTES MARCH 21, 2024
REPLACE CHAPTER 15.12 SIGN CONTROL WITH CHAPTER 17.59 SIGN CONTROL AMENDING TITLE 15 BUILDINGS AND CONSTRUCTION AND TITLE 17 ZONING OF THE FOSTER CITY MUNICIPAL CODE (RZ2024-0004) AND FINDING THE AMENDMENTS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3).
ACTION: Motion by Commissioner Pedro, seconded by Commissioner Venkat, to Adopt Resolution No. P-6-24, recommending that the City Council amend Title 15 Building and Construction and Title 17 Zoning of the Foster City Municipal Code, by repealing Chapter 15.12 Sign Control and replacing it with a new Chapter 17.59 Sign Control, passed 4-0-0-1 (Absent:
Haddad)
7. OLD BUSINESS
1. N
one
8. NEW BUSINESS
1. None
9. STUDY SESSION
1. N
one
10. COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR REPORT
1. Dir
ector Mangalam introduced Monica Ly as the new Planning Manager.
11. ST ATEMENTS AND REQUESTS FROM THE COMMISSIONERS
1. C
ommissioner Bronitsky advised that the Holi Festival is being postponed due to weather and will now be on March 30th. Welcomed Monica back to Foster City.
2. Commissioner Pedro commented he enjoyed the opportunity to attend Planning C
ommission training.
3. Commissioner Venkat wish everyone a Happy International Women’s History month and a H
appy Ramadan and Iranian/Persian New Year to those who celebrate.
4. Commissioner Jagtiani thanked staff for considering recommendations to Sign O
rdinance.
12. ADJOURNMENT
A
djourned at 7:31 p.m. to a Regular Meeting, April 4, 2024, Council Chambers, 620 Foster City Boulevard, Foster City, California.
7.2 Attachment 4 - Minutes for March 21, 2024 Planning Commission meeting
280
P
LANNING COMMISSION MINUTES MARCH 21, 2024
PASSED AND ADOPTED by the Planning Commission of the City of Foster City at a Regular Meeting thereof held on April 4, 2024, by the following vote:
AYES, COMMISSIONERS: Bronitsky, Haddad, Venkat, and Chair Jagtiani NOES, COMMISSIONERS:
ABSTAIN, COMMISSIONERS:
ABSENT, COMMISSIONERS: Pedro
___________________
RAVI JAGTIANI, CHAIR
AT
TEST:
____________________________
SOFIA MANGALAM, SECRETARY
Ravi R Jagtiani (Apr 9, 2024 15:02 PDT)
Ravi R Jagtiani
Sofia Mangalam (Apr 9, 2024 15:03 PDT)
Sofia Mangalam
7.2 Attachment 4 - Minutes for March 21, 2024 Planning Commission meeting
281
6 0
4 DATE: April 15, 2024
TO: Mayor and Members of the City Council
FROM: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
Kevin Ortiz, Management Analyst
DEPARTMENT: City Manager
SUBJECT: DISCUSSION ON CITY COUNCIL POLICY FOR REQUESTING
TO ADD ITEMS TO A FUTURE AGENDA
RECOMMENDATION
It is recommended that the City Council discuss and, by Minute Order, provide policy direction to staff on the City Council Policy for Requesting to Add Items to a Future Agenda.
EXECUTIVE SUMMARY
On March 6, 2024, City staff received a completed Request to Place Item on Future Agenda Form from Mayor Sullivan (Attachment 1). In accordance with the current policy, which requires that a request form be submitted to the City Clerk no later than seven (7) days prior to the publication of the meeting agenda, staff included the item on the agenda for the March 18, 2024 City Council Regular Meeting.
At the March 18 Council meeting, the Mayor, with a concurrence of the majority of the Council, considered the request and directed staff to prepare a staff report for further City Council consideration and/or action at a future City Council meeting. Staff is bringing forward this item per Council direction and recommends that the Council discuss and provide policy direction to staff.
BACKGROUND/ANALYSIS
8.1 8.1 Staff Report
282
6 0
4 At the February 21, 2023 City Council meeting, the City Council adopted City Resolution No. 2023-21, which established a Policy for Requesting to Add Items to a Future Agenda (Attachment 2). The policy established a formal process for requesting to add items to a future agenda with the purpose of providing clarity and transparency into requests by individual City Councilmembers/EMID Directors. The intent of this policy was to reduce staff time and effort in preparing for items which ultimately may or may not receive majority support from the Council to proceed. The policy applies to all City Councilmembers equally and allows the full City Council/District Board to determine how to use limited City/District resources while allowing members of the public an opportunity to provide public comment on requests for future agenda items.
For additional background information, please refer to the February 21, 2023 Staff Report (Attachment 3).
Per the current policy, Councilmembers may complete a request form (Appendix A of Attachment 2), which contains information such as the Councilmember making the request, description of the request, proposed priority level of the item, identification of City Council Vision, Mission, and Value/Priority Area most closely aligned to the item, and Attachments (if applicable) to include additional information. Once completed, the form must be submitted to the City Clerk no later than seven (7) days prior to the publication of the meeting agenda. Meeting agendas are typically published the Wednesday prior to the meeting, and the request form will appear under City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports on the next regular City Council meeting agenda.
As an agendized item, the City Council may consider the request and ask questions of staff and/or the Councilmember making the request during the appropriate portion of the Council meeting. There is also a public comment portion for the item. After the public comment portion, the City Council may then, by motion and a second, and a majority vote supporting the item, direct the City/District Manager to prioritize staff resources to prepare a formal staff report for further City Council consideration and/or action at a future City Council meeting.
At the April 15 Council meeting, Council may provide policy direction to staff to modify the Policy for Requesting to Add Items to a Future Agenda if it so chooses. As an alternative, the Council can take no action and the current policy will remain in effect.
Staff is prepared to provide the required resources in support and response to the policy direction received from the City Council.
California Environmental Quality Act
Not Applicable
FISCAL IMPACT
There is no fiscal impact associated with this report.
8.1 8.1 Staff Report
283
6 0
4 CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA City Council Operations and Improved Community Engagement ATTACHMENTS:
Attachment 1 – Mayor’s Request to Place Item on Future Agenda Form Attachment 2 – City Council Resolution No. 2023-21 Establishing the Policy for Requesting to Add Items to a Future Agenda
Attachment 3 – February 21, 2023 Staff Report
8.1 8.1 Staff Report
284
8.1 Attachment 1 - Mayor's Request to Place Item on Future Agenda Form
285
RESOLUTION NO. 2023-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADOPTING
A POLICY FOR REQUESTING TO ADD ITEMS TO A FUTURE AGENDA
CITY OF FOSTER CITY
WHEREAS, the City Council currently follows an informal process for requesting to add items to a future agenda; and
WHEREAS, a formal p olicy for Requesting to Add Items to a Future Agenda promotes clarity and transparency into requests by individual City Councilme mbers that result in the best use of staff time; and
WHEREAS, the proposed Policy for Requesting to Add Items to a Future Agenda allows members of the public to comment on such requests from individual City Councilmembers;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby adopt the Policy for Requesting to Add Items to a Future Agenda attached hereto.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of February 2023, by the following vote:
AYES: Councilmembers Hindi, Jimenez, Sullivan and Mayor Froomin
NOES: Councilmember Kiesel
ABSENT: None
ABSTAIN: None
_______________________________
JON FROOMIN, MAYOR
ATTEST:
______________________________
PRISCILLA SCHAUS, CITY CLERK
DocuSign Envelope ID: E7A8CC23-41BC-4FBD-896B-63D537F94DB7
8.1 Attachment 2 - City Council Resolution No. 2023-21 Establishing the Policy for Requesting to Add Items to a Future Agenda
286
Updated 2/28/2023
3 2
9 Policy for Requesting to Add Items to a Future Agenda
PURPOSE
The purpose of this policy is to establish a formal process for requesting to add items to a future agenda and to provide clarity and transparency into requests by individual City Councilmembers/EMID Directors (City Councilmembers) that result in the use of staff time. The policy applies to all City Councilmembers equally and allows the full City Council/District Board (City Council) to determine how to use limited City/District (City) resources.
POLICY
To make a request
To request consideration of an item at a future City Council meeting, City Councilmembers shall complete a request form (Appendix A). The form must be submitted to the City Clerk no later than seven (7) days prior to the publication of the meeting agenda. Meeting agendas are typically published the Wednesday prior to the meeting. The request will automatically appear under City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports on the next regular agenda, and the request form will be included as an attachment in the published agenda packet. The request shall be included on the agenda regardless of agenda load. No staff work shall be done for these requests prior to discussion by the entire City Council except that Councilmembers may briefly discuss the matter with staff prior to the meeting.
Initial City Council Consideration of request
As an agendized item under City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports, the City Council may discuss the request and ask questions of staff and/or the Councilmember making the request. Public comment will also be taken on the items. After public comment, the City Council may then, by motion and second, and majority vote supporting the item, direct the City/District Manager to prioritize staff resources to prepare a formal staff report for further City Council consideration and/or action at a future City Council meeting. If the motion succeeds, the item will be brought to City Council for consideration based on the prioritization noted on the request form, unless otherwise specified in the motion. If prioritization of the item is omitted on the request form or from the motion, or is otherwise unclear, the City/District Manager will have discretion as to when the item is brought to City Council for consideration. If the request does not receive sufficient City Council support, the item shall not be agendized for a future meeting. Nothing herein shall preclude a Council/Board member from making the request again at a future date.
This policy does not supersede Municipal Code Section 2.08.070 Meetings – Agenda, which states, “The city clerk (district secretary) shall prepare the agenda of all such matters under the direction of the city/district manager. If the mayor/president or city/district manager determines that a matter is urgent, it may be added to the agenda thereafter.”
8.1 Attachment 2 - City Council Resolution No. 2023-21 Establishing the Policy for Requesting to Add Items to a Future Agenda
287
Updated 6/6/2022
3 2
9 Appendix A
Request to Place Item on Future Agenda
FROM:(Insert Name of Councilmember)
RE:(Title of Item)
Description of Request:
(Briefly describe your request. Please be clear so that your fellow Councilmembers, staff, and members of the public understand the request. This information will also provide guidance to staff should the request receive majority support and the item be placed on a future agenda.) How do you believe this item should be prioritized?
(i.e. What date do you believe the item should be brought back for Council consideration?) City Council Vision, Mission, and Value/Priority Area:
(How does this request fit with the City Council Vision and Mission and/or which value/priority area(s) does this request most closely align?)
Attachments (if applicable):
A.
B.
Councilmember Signature
8.1 Attachment 2 - City Council Resolution No. 2023-21 Establishing the Policy for Requesting to Add Items to a Future Agenda
288
DATE: February 21, 2023
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
FROM: Priscilla Schaus, Communications Director/City Clerk, Julie Paping, Principal Management Analyst
DEPARTMENT: Communications/City Clerk
City Manager
SUBJECT: POLICY FOR REQUESTING TO ADD ITEMS TO A FUTURE AGENDA
RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (City Council), approve the attached resolution adopting a Policy for Requesting to Add Items to a Future Agenda.
EXECUTIVE SUMMARY
At the February 6, 2023 City Council meeting, Mayor Froomin requested to agendize a formal policy for Councilmembers/Directors (Councilmembers) to request items be placed on an agenda for future City Council Meetings; he noted that the same report could be provided as the last time this topic was brought forward to the City Council (in July 2022). His request received support from two other Councilmembers. For City Council’s consideration, staff has drafted a proposed policy for requesting to add items to a future agenda. The City Council may choose to adopt the attached draft policy as written or provide staff with direction for amendments.
8.2 8. 2 Staff Report
207
8.1 Attachment 3 - February 21, 2023 Staff Report
289
BACKGROUND
The City Council adopted a Code of Conduct on November 2, 2020. The Code of Conduct included the following process for requesting to place items on an agenda:
Setting Agendas
1. The City/District Manager determines, in consultation with the Mayor/President, which items are placed on the City Council/ District Board’s meeting agendas and the timing for scheduling such items. An individual City Council/District Board Member’s request for an item to be placed on the agenda will be agendized to ask the full City Council/District Board if time should be spent on preparing a full report on the proposed agenda item.
2. City/District elected and appointed Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to meetings; however, this does not preclude Members from asking questions at Meetings.
3. Agenda items for City/District advisory bodies must originate with the City Council/District Board or from City/District staff. The City/District Staff Liaison will consult with the Chair of the advisory body or both Members of City Council Subcommittees to determine which items are placed on the meeting agendas of these groups.
Under the process for setting agendas, if a Councilmember requested an item be placed on an agenda, staff would bring a short staff report summarizing the request and providing basic information related to the request at a future City Council meeting. The full City Council would then vote on whether time should be spent preparing a full report and if the items should appear on a future agenda. Although the initial staff report would be shorter than a typical staff report, significant staff time could still be spent interpreting the request, gathering information including a legal opinion, and writing and reviewing the report.
The Code of Conduct, including the agenda setting process, was rescinded by City Council on December 13, 2021 by Minute Order No. 1823. Since then, there has been no formal process or written policy established clearly defining how Councilmembers may request to add items to an agenda.
Instead, an informal process has been followed. Under the informal process, Councilmembers may request an item be placed on a future agenda during the City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports portion of a public meeting. If the request receives informal support from at least two other Councilmembers, the item is placed on a future agenda.
However, Councilmembers have raised concern that this process prohibits members of the public from providing input on whether or not items should be agendized as no prior public notice on the request is given.
8.2 8. 2 Staff Report
208
8.1 Attachment 3 - February 21, 2023 Staff Report
290
At the May 2, 2022 City Council meeting, then Vice Mayor Froomin requested to agendize a formal policy for Councilmembers to request items be placed on an agenda for future City Council Meetings. A formal policy for Councilmembers to agendize items was brought forth for City Council consideration at the July 18, 2022 City Council meeting, but the City Council at the time chose to not adopt the policy. The City Council has since continued its informal process requesting items to be placed on a future agendas during the City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports portion of public meetings.
ANALYSIS
Staff is proposing a policy for requesting to add items to a future agenda that increases clarity in the request being made, reduces the need for staff time and effort in preparing for items which ultimately may or may not receive the support to proceed, and provides members of the public with the opportunity to comment on requests for future agenda items.
Under the proposed draft policy for requesting to add items to a future agenda, Councilmembers would complete a simple form identifying the request. The request would be in the Councilmembers own words; therefore, staff would be less likely to misinterpret the request. The request form would be submitted to the City Clerk at least two days prior to the publishing of the meeting agenda (the Monday before the meeting date). The item would appear on the agenda under the City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports item regardless of the number of items on that agenda, and the form completed by the Councilmember would be posted as an attachment to the agenda. No staff report would accompany the agenda item. During the public meeting, the Councilmember would have an opportunity to state why they believe the item should appear on a future agenda, and members of the public would have the opportunity to comment on the request. Councilmembers could ask questions of staff and/or the Councilmember making the request and provide comment. Public comment would also be taken on the requested agenda items. The City Council would then vote on the item. If the item were to receive majority support, the item would appear on a future meeting agenda, accompanied by a staff report. If the item did not receive majority support, the item would not be agendized at a future meeting.
California Environmental Quality Act
Not Applicable
FISCAL IMPACT
There is no fiscal impact associated with this item.
8.2 8. 2 Staff Report
209
8.1 Attachment 3 - February 21, 2023 Staff Report
291
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Policy for Requesting to Add Items to a Future Agenda
8.2 8. 2 Staff Report
210
8.1 Attachment 3 - February 21, 2023 Staff Report
292
DATE: April 15, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Benjamin L. Stock, City Attorney
DEPARTMENT: Parks and Recreation Department
SUBJECT: CONSIDER AMENDMENTS TO VARIOUS SECTIONS OF FCMC CHAPTERS 12.08, 12.12, 12.16 AND 12.36 WITHIN TITLE 12, “PUBLIC PROPERTY” MAKING REVISIONS TO AUTHORIZE
ADMINISTRATIVE CITATIONS TO BE ISSUED FOR
VIOLATIONS AND OTHER ADMINISTRATIVE CHANGES TO
RESERVATION PROCESS AND USE OF PARKS AND ADDING A
NEW CHAPTER 12.44, “SIDEWALK VENDING PROGRAM” TO
ESTABLISH LOCATIONS AND REGULATIONS APPLICABLE TO
SIDEWALK VENDORS
RECOMMENDATION
It is recommended that the City Council introduce by title only, and by motion waive further reading of Ordinance Amending Various Sections of FCMC Chapters 12.08,
12.12, 12.16 and 12.36 within Title 12, “Public Property” Making Revisions to Authorize Administrative Citations to be Issued for Violations and Other Administrative Changes to Reservation Process and Use of Parks and Adding a New Chapter 12.44, “Sidewalk Vending Program” to Establish Locations and Regulations Applicable to Sidewalk Vendors.
EXECUTIVE SUMMARY
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Foster City has over 160 acres of parks and open space land including bike paths, dog exercise areas, a lighted softball field, numerous soccer and youth baseball fields, tennis courts, basketball courts, picnic facilities, bocce ball courts, walkways and pedways.
In order to manage these public areas, the Foster City Municipal Code (“FCMC”) provides regulations for the use of public property, including public parks, within Title 12 of the Municipal Code. More specifically, FCMC Chapters 12.08, 12.12, 12.16 and 12.36 within Title 12 specify the requirements for park use that include, among other things, the process for reservations, the mechanisms for enforcement and penalties as well as the general rules and regulations associated with use of the park.
City staff desires to amend certain provisions of FCMC Chapters 12.08, 12.12, 12.16 and 12.36 to allow more flexibility to the Parks and Recreation Director or their designee in the process of reservations of the City’s parks and to provide another option for enforcement through the issuance of an administrative citation when a person or group refuses to move from an area that has been reserved in a park and other conforming amendments.
BACKGROUND/ANALYSIS
Due to the popularity of the City’s parks, the City has a high number of reservations during the summer months. The reservation process provides that a person or group can reserve an area for the exclusive use of persons and groups subject to the issuance of a permit by the Director of Parks and Recreation as provided in FCMC Sections
12.16.080 through 12.16.180. Section 12.16.090 provides a specific schedule of fees and charges for use of the parks and identifies various classifications (A-G) based on the type of use. For example, Classification A is for meetings of the city council or subdivisions or committees thereof and public recreations activities that are conducted by the department of recreation while Classification B is for meetings or programs that are conducted by city youth organizations.
Currently, the reservation system for parks is based on the applicable Classification, with certain Classifications having priority over others. FCMC Section 12.16.180 currently provides that reservations for community parks use pursuant to Classifications C, D, E and F may be superseded at any time by uses pursuant to Classifications A and B.
Likewise, reservations for community parks use pursuant to Classifications D, E and F may be superseded by uses pursuant to Classification C provided that the C-use permit is issued thirty (30) days prior to the reserved use. There is currently no flexibility in this process to allow the Director of Parks and Recreation to make any alternative determinations regarding reservations, which can result in certain Classifications monopolizing the use of parks.
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Another frequent issue that arises with the use of the parks and the reservation process is that enforcement of the reservations themselves can be challenging. Sometimes an area has been reserved by a person or group and another person or group using that area refuses to leave. When these incidents occur, it is difficult for the Foster City Police to figure out who has reserved the area and to determine whether a criminal citation is warranted. Under such circumstances, when the City does not honor a reservation for park use, public confidence in the reservation system can erode and discourage people or groups from reserving the park space and paying the fee, if applicable, in the future.
In order to address these issues, staff has prepared the proposed Ordinance to make amendments to various sections within Chapters 12.08, 12.12, 12.16 and 12.36 of the FCMC within Title 12 (Attachment 1). Some of the key amendments in the proposed Ordinance are summarized below.
FCMC Chapter 12.08 - Revisions to Definitions
FCMC Section 12.08.040 defines the “Director of Parks and Recreation”. The proposed Ordinance would revise the definition to add “or their designee” so that the Director can designate and/or delegate certain duties to other City staff. The definition of “Motorized Food Truck” is also added to Chapter 12.08 because it is referred to in the amendments to FCMC Chapter 12.36.
FCMC Chapter 12.12 - Administration and Enforcement
FCMC Section 12.12.050 currently designates the Director and the Chief of Police to enforce the provisions of Chapters 12.04 through 12.36. The proposed Ordinance would revise this section to add any designated code enforcement officer or safety officer and authorize the issuance of an administrative citation pursuant to FCMC Section 1.08.060 for any violations of Chapters 12.04 and 12.36. The proposed Ordinance would also revise FCMC Section 12.12.060 to authorize administrative citations.
FCMC Chapter 12.16 - Park Use
FCMC Section 12.16.170 currently provides that a determination for use permit may be rejected without cause by the Director and appealed to the City Council but does not reference the more specific appeal provision in FCMC Section 12.12.010. In order to eliminate any confusion regarding the applicable appeal process, the proposed Ordinance would revise this section to specifically cross-reference FCMC Section
12.12.010.
FCMC Section 12.16.180 would add language to allow the Director to exercise their discretion to utilize a different priority for the Classifications identified in Section
12.16.090 when the Director determines a different priority is necessary to ensure that
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the park use is available to all Classifications in an equitable manner and to avoid monopolization or overuse by any one particular Classification.
FCMC Chapter 12.36 - General Park and Building Rules and Regulations FCMC Sections 12.36.010 and 12.36.020 would be revised to reflect sidewalk vending authorized by SB 946 (The Sidewalk Vending Act), which requires cities to allow certain sidewalk vendors to sell food or merchandise in public parks. Cities may adopt additional requirements regulating the time, place, and manner of sidewalk vending, if the requirements are directly related to objective health, safety, or welfare concerns. (Govt C §51038(c)). A new Chapter 12.44 is proposed to be added to establish a Sidewalk Vending Program (“Program”) that is consistent with SB 946, and which establishes time, place and manner regulations. FCMC Section 12.36.020 is also amended to allow motorized food trucks to operate in specified park locations as authorized by the Director.
FCMC Section 12.36.030 would be revised to delete certain restrictions relating to distribution of written materials in the park to be consistent with free speech constraints under the First Amendment. Section 12.36.030 would continue to prohibit posting or affixing handbills or other circulars pamphlets, posts on trees, fences, or structures without the expressed written consent of the Director.
The proposed Ordinance would add a new FCMC Section 12.36.190 “Enforcement” that would specify that enforcement is to be conducted in accordance with FCMC Chapter 12.12. The proposed Ordinance would also add a new FCMC Section
12.36.200 “Other Rules” that authorizes the Director to adopt other rules, as necessary, for the safe and efficient use of the City’s parks and buildings. These rules would need to be made available to the public via the City’s website or posted in a public place.
FCMC Chapter 12.44 – Sidewalk Vending Program
As indicated above, SB 946 authorizes cities to adopt requirements regulating the time, place, and manner of sidewalk vending, if the requirements are directly related to objective health, safety, or welfare concerns. The proposed Program would require sidewalk vendors (both stationary and roaming vendors) to obtain a Vending Permit (“Permit”) to ensure that sidewalk vendors operating within the City are complying with certain objective regulations that are directly related to public health, safety and welfare. The Permit would be issued by the “Administrator”, which shall be the Community Development Director or their designee. An applicant desiring a Permit must provide the City with various documents and information and must also have a City business license. The Permit would be good for a period of one (1) year and could be renewed annually. The Program would establish operational requirements including compliance with County Health Department license requirements for carts,
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regulations specifying locations for vending, garbage requirements and other standards.
For example, the proposed Program would prohibit sidewalk vending within three hundred (300) feet of all borders of a city-sponsored or permitted temporary event, or a certified farmers’ market or a swap meeting to, among other things, prevent over- crowding of sidewalks at events. Vendors would also be prohibited from selling within twenty-five (25) feet of another vendor at any city park.
In compliance with SB 946, enforcement of the Program would not be through criminal citations but would instead be through administrative citations. A first incident would be subject to a written warning. A second incident would be subject to an administrative citation. SB 946 mandates the fines that the City can impose for violations.
For vending without a valid vending permit the following fines shall be applicable:
(i) An administrative fine of two hundred fifty and no/100ths ($250.00) dollars for a first violation.
(ii) An administrative fine of five hundred and no/100ths ($500.00) dollars for a second violation within one year of the first violation. (iii) An administrative fine of one thousand and no/100ths ($1,000.00) dollars for a third violation and each subsequent violation, within one year of the first violation.
Upon proof of a valid permit issued by the City before such fines are due, the city would reduce the amount of the fines to one hundred and no/100ths ($100.00) dollars for the first violation, two hundred and no/100ths ($200.00) dollars for the second violation, and five hundred and no/100ths ($500.00) dollars for each violation thereafter.
For all violations of this chapter other than vending without a valid vending permit as outlined above:
(i) An administrative fine of one hundred and no/100ths ($100.00) dollars for a first violation.
(ii) An administrative fine of two hundred and no/100ths ($200.00) dollars for a second violation within one year of the first violation. (iii) An administrative fine of five hundred and no/100ths ($500.00) dollars for a third violation within one year of the first violation. (iv) An administrative fine of five hundred and no/100ths ($500.00) dollars for a fourth and each subsequent violation, and revocation of the vending permit.
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Revocation proceedings will be conducted in accordance with the rules and regulations established by the city.
The proposed Program would also allow the Administrator to develop rules and regulations regarding the licensing, permitting, and operation of sidewalk vending, in accordance with FCMC Chapter 12.44.
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 as this Ordinance only makes administrative changes.
FISCAL IMPACT
There will be additional minimal costs to the City relating to enforcement of provisions under Chapters 12.08, 12.12, 12.16 and 12.36. There will also be costs to the City relating to the establishment and enforcement of the Sidewalk Vending Program.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS
Attachment 1 – Proposed Ordinance
Attachment 2 – Redline of Amendments to Chapters, 12.08, 12.12, 12.16 and 12.36
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2 ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING VARIOUS SECTIONS OF CHAPTERS 12.08, 12.12, 12.16 AND 12.36 WITHIN TITLE 12, “PUBLIC PROPERTY” MAKING REVISIONS TO AUTHORIZE ADMINISTRATIVE CITATIONS TO
BE ISSUED FOR VIOLATIONS AND OTHER ADMINISTRATIVE CHANGES TO
RESERVATION PROCESS AND USE OF PARKS AND ADDING A NEW CHAPTER
12.44, “SIDEWALK VENDING PROGRAM” TO ESTABLISH LOCATIONS AND
REGULATIONS APPLICABLE TO SIDEWALK VENDORS
CITY OF FOSTER CITY
The City Council of the City of Foster City does ORDAIN as follows:
SECTION 1. Sections 12.08.010, 12.08.040, 12.08.060, 12.08.070 and 12.08.080 of Chapter 12.08, “Definitions” within Title 12, “Public Property” of the Foster City Municipal Code is hereby repealed and replaced to read in its entirety and section 12.08.090 is added to read as follows:
“12.08.010 Definitions generally.
The words and phrases set forth in Sections 12.08.020 through 12.08.090 whenever used in Chapters 12.04 through 12.36 shall be construed as defined in this chapter.
12.08.040 Director of parks and recreation.
“Director of parks and recreation” refers to the managing director of the department of parks and recreation or their designee.”
12.08.060 Motorized Food Truck.
“Motorized Food Truck” means any motorized vehicle from which food or food products are sold, offered for sale, displayed, bartered, exchanged, or otherwise given.
12.08.070 Parks.
“Parks” includes all grounds, roadways, avenues, parks, waterways, beaches and dikes under the supervision of the department of parks and recreation.
12.08.080 Permit.
“Permit” means a permit for exclusive use of parks or buildings as provided for and defined in Chapters 12.04 through 12.36.
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2 12.08.090 Persons.
“Persons” includes persons, associations, partnerships, firms or corporations.” All other sections within Chapter 12.08 not specifically amended herein shall remain unchanged.
SECTION 2. Sections 12.12.050 and 12.12.060 of Chapter 12.12, “Administration and Enforcement” within Title 12, “Public Property” of the Foster City Municipal Code are hereby repealed and replaced to read in their entirety as follows:
“12.12.050 Enforcement.
The director and chief of police, or their authorized representative, including any designated city code enforcement officer or safety officer, shall diligently enforce the provisions of Chapters 12.04 through 12.36, and shall have the authority to eject from any park or community building any person acting in violation of these rules and regulations in this Title; further, the Chief of Police, or their authorized representative, or any designated city code enforcement officer or safety officer shall have the authority to issue administrative citations pursuant to section
1.08.060, deny use of parks or community buildings, eject persons, and close parks and recreation buildings to individuals or groups who refuse to comply with these rules and regulations.
12.12.060 Violation—Penalty.
All persons entering parks or community buildings shall abide by the rules and regulations of the City, as provided in Chapters 12.04 through 12.36, and the instructions and directions of duly authorized employees of the City.
Any person violating, or any person, firm or corporation causing or permitting to be violated, any provision of Chapters 12.04 through 12.36 is guilty of a misdemeanor and upon conviction thereof is punishable by a fine not to exceed one hundred dollars or by imprisonment in the county jail for not to exceed one month, or both.
Violations of Chapters 12.04 and 12.36 may also be subject to an administrative citation pursuant to section 1.08.060 and additionally shall be subject to any applicable federal, state, county or municipal statutes and the penalties imposed therein.”
All other sections within Chapter 12.12 not specifically amended herein shall remain unchanged.
SECTION 3. Sections 12.16.170 and 12.16.180 of Chapter 12.16, “Park Use” within Title 12, “Public Property” of the Foster City Municipal Code are hereby repealed and replaced to read in their entirety as follows:
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2 “12.16.170 Permit—Decision appeal.
A request for use permit may be rejected without cause by the Director. Any applicant who does not agree with the determination of the Director or an applicant who does not agree with the classification given or service charge assessed shall have the right of appeal to the City Council pursuant to Section 12.12.010. The decision of the City Council shall be final.
12.16.180 Reservations.
A. Reservations for community parks use pursuant to Classifications C, D, E and F in Section 12.16.090 may be superseded at any time by uses pursuant to Classifications A and B in Section 12.16.090, unless otherwise determined by the Director.
B. Reservations for community parks use pursuant to Classifications D, E and F may be superseded by uses pursuant to Classification C provided that the C-use permit is issued at least thirty days prior to the reserved use, unless otherwise determined by the Director.
C. The Director may exercise their discretion to utilize a different priority for the Classifications identified in Section 12.16.090 when necessary to ensure that community park use is available to all Classifications in an equitable manner.” All other sections within Chapter 12.16 not specifically amended herein shall remain unchanged.
SECTION 4. Sections 12.36.010, 12.36.020 and 12.36.030 of Chapter 12.36, “General Park and Building Rules and Regulations” within Title 12, “Public Property” of the Foster City Municipal Code are hereby repealed and replaced to read in their entirety as follows; and a new Section 12.36.190, “Enforcement” and Section 12.36.200, “Other Rules” is hereby added to Chapter 12.36, “General Park and Building Rules and Regulations” within Title 12, “Public Property” of the Foster City Municipal Code to read as follows:
“12.36.010 Transaction of Business.
Any person carrying on or transacting any business in the park shall comply with the business license and tax requirements of Article I of Title 5 of this Code.
12.36.020 Sidewalk Vending and Motorized Food Truck.
A. A sidewalk vendor, as that term is defined in Chapter 12.44, may operate in parks in accordance with the provisions of Chapter 12.44 of this Code.
B. Any Motorized Food Truck may operate on park grounds in a specified location or in a designated parking area for special events as authorized by the Director.
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2 12.36.030 Posting of Handbills, Circulars, Pamphlets, Papers and Advertisements.
It is unlawful for any person to post or affix handbills, circulars, pamphlets, papers, advertisements to any tree, fence or structure in any park or community building without the expressed written consent of the Director.
[…]
12.36.190. Enforcement.
Enforcement of this Chapter shall be in accordance with Chapter 12.12.
12.36.200. Other Rules.
The Director may from time to time adopt other rules as necessary for the safe and efficient use of parks and buildings. These rules shall be made available to the public through the City’s Parks and Recreation website and/or posted in a public place.”
All other sections within Chapter 12.36 not specifically amended herein shall remain unchanged.
SECTION 5. A new Chapter 12.44, “Sidewalk Vending Program” shall be added to Title 12, “Public Property” to read as follows:
“Chapter 12.44. - Sidewalk Vending Program
12.44.010. Definitions. For the purposes of this chapter, the following definitions shall apply:
“Administrator” means the Community Development Director or designee, or any other City officer charged with administration of the provisions of this Chapter. “Business license” means the business license issued by the City pursuant to Chapter 5.12 of this Code, which is required to conduct business in the City. “Cart” means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, and includes a stationary cart or a roaming cart.
“California Retail Food Code” means Part 7 of Division 104 of the California Health and Safety Code (commencing at Section 113700).
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2 “County health permit” means any and all licenses, permits, certifications, and courses required and issued by San Mateo County Environmental Health Services Division to vend food within the City in accordance with this chapter. “Food” means any type of edible substance or beverage.
“Goods” or “merchandise” means any item that is not food. “Health Department” means the San Mateo County Environmental Health Services Division.
“Person” or “persons” means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity.
“Roaming vending cart” means a pushcart, pedal-driven cart, wagon, or other non- motorized conveyance used by a roaming sidewalk vendor, to be moved from place to place, and with stops only to complete a transaction. “Roaming sidewalk vendor” has the same meaning as set forth in Government Code section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Rules and regulations” means the rules and regulations established by the Administrator and adopted by City Council resolution, concerning the sidewalk vending program that are intended to clarify and aid in the administration and enforcement of this chapter.
Sidewalk means any paved surface in the public right-of-way provided for the use of pedestrians and includes pedestrian paths.
Sidewalk vending means the sale of food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.
Sidewalk vending program means the program established by this Chapter that is applicable to sidewalk vending-related activities.
Sidewalk vendor has the same meaning as set forth in Government Code section 51036(a), and includes a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.
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2 “State seller's permit” means a permit issued by the California Department of Tax and Fee Administration.
“Stationary vending cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, that is intended to be operated from a fixed location by a stationary sidewalk vendor. “Stationary sidewalk vendor” has the same meaning as set forth in Government Code section 51036(c), and includes a sidewalk vendor who vends from a fixed location.
“Vending permit” means a permit issued by the Administrator to undertake sidewalk vending within the City in accordance with this Chapter.
12.44.020. Purpose.
The purpose of this Chapter is to establish a sidewalk vending program within the city while maintaining objective regulations that are directly related to public health, safety, and welfare. This Chapter does not regulate commercial activity on private property.
12.44.030. Vending Permit Required.
No sidewalk vendor may undertake sidewalk vending within the City without first obtaining a vending permit issued by the Administrator. Sidewalk vendors must comply with the terms and conditions set forth in the vending permit.
12.44.040. Application Requirements.
A. To obtain or to renew a vending permit, a sidewalk vendor must provide the following as part of the application:
1. Valid identification, such as a State of California driver's license or identification number, an individual taxpayer identification number, or any other government-issued identification card.
2. The name, address and telephone number of the sidewalk vendor.
3. Proposed hours and days of operation.
4. Whether the sidewalk vendor intends to operate a stationary vending cart or a roaming vending cart.
5. Proposed location of operation.
6. The type of merchandise or food offered for sale or exchange.
7. Proof of a valid business license issued pursuant to Article I, Title 5.
8. The application or renewal fee, in an amount established by resolution of the City Council.
9. A valid state seller's permit and any additional licenses from state or local agencies to the extent required by law.
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2 10. A county health permit for food-related vending, if applicable.
11. A certificate of completion of a food handler course, if applicable.
12. If a cart will be used, a description of the cart including dimensions.
13. A declaration that the information provided to the city is true and correct.
14. Any other information as may be required by the Administrator.
12.44.050. Issuance and Renewal of Vending Permits.
A. A vending permit shall be valid for a period of one (1) year from the date of issuance and shall be renewed annually.
B. Vending permits are not transferable.
C. A person whose vending permit is revoked may not renew their vending permit for one year.
D. In accordance with Government Code section 51038(c)(4), identification numbers, including social security numbers, will be confidential and will not be disclosed.
E. The Administrator may impose conditions of permit issuance as may be necessary to ensure the public health and safety, including but not limited to, requiring an inspection of the cart by the Health Department as a condition of permit issuance.
F. If there is any prior history of violations under this chapter, the Administrator may review any such violations in its review of renewal requests and consider those violations when imposing conditions on a renewal permit.
12.44.060 General Operational Requirements.
A. Every cart used to vend food must be approved by the Health Department. A cart may only vend the types of food that are listed and approved by the Health Department under the County health permit.
B. A cart used for sidewalk vending must obtain, possess, and prominently display a valid vending permit and all other required permits that are issued by other public agencies, such as a county health permit.
C. A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the vending permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.
D. No cart that is used for sidewalk vending may exceed a length of seventy-two (72") inches, a width of fifty-four (54") inches, or a height, including roof or awning, of seventy-eight (78") inches, exclusive of a separate condiment table no larger
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2 than forty-eight (48") inches long and twenty-four (24") inches wide and a trash receptacle no larger than twenty (20) gallons in capacity.
E. A sidewalk vendor must operate according to the approved hours of operation included in the vending permit. The Administrator may impose reasonable hours of operation for sidewalk vendors. For sidewalk vending in nonresidential areas, the Administrator may limit the hours of operation in a manner consistent with other businesses or uses on the same street(s) in those nonresidential areas.
F. No vending cart, condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor's stated closing time.
G. A sidewalk vendor must maintain a clean and trash-free 20-foot radius from the sidewalk vendor's stationary cart during hours of operation and must leave the area clean by the approved closing time.
H. Sidewalk vendors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles located on any block for use by the general public.
I. A stationary vending cart that vends food must be operated within two hundred (200') feet of an approved and readily available toilet and handwashing facility. If the toilet and handwashing facility is located on private property, the sidewalk vendor must possess a copy of an enforceable contract between the private property owner and the sidewalk vendor allowing the vendor to utilize such facilities, including the days and hours of operation.
J. Sidewalk vendors must comply with all applicable federal, state, and local laws, regulations, and ordinances.
K. No signs that are not attached to the vending cart may be used or displayed.
L. Sidewalk vendors may not set up tables, chairs, or other structures, unless otherwise approved by the City.
M. Sidewalk vendors may not access a city power source without authorization from the city, nor a private power source without authorization from such private property owner or agent.
N. No sidewalk vendor or vending cart may use any device that produces a loud noise, nor may the vendor use or operate any loud speaker, public address system, radio, sound amplifier, or other similar device.
O. Vending of services is prohibited.
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2 P. Sidewalk vendors shall not vend, set up a vending cart, or otherwise operate, within any marked parking space or stall in any public parking lot, as may be designated with paint or other markings to indicate where parking is permitted.
Q. The City may request a sidewalk vendor remove any cart that is in violation of this chapter. If the sidewalk vendor refuses to remove the cart, or if a cart has been abandoned, the City may cause the cart to be removed and may, after adequate notice, subsequently dispose of the cart (including any associated merchandise and food) if not claimed by the vendor in accordance with the rules and regulations.
If the City removes a cart, the City shall not be responsible for maintaining any perishable food products,
12.44.070 Vending in Residential Areas.
A. No stationary vending cart may be used to vend within a residential zoned area.
B. A roaming sidewalk vendor may use a roaming vending cart within a residential zone, and must move continuously except when necessary to complete a sale.
12.44.080 Prohibitions on Placement of Stationary or Roaming Carts.
A. No sidewalk vendor may place or leave any vending cart:
1. Within ten (10') feet of a marked crosswalk or ADA access ramp.
2. Within ten (10') feet of the curb return of an unmarked crosswalk.
3. Within five (5') feet of any fire hydrant.
4. Within five (5') feet ahead and forty-five (45') feet to the rear of a sign designating a bus stop.
5. Within ten (10') feet of a bench or shelter used for public transit.
6. Within five (5') feet of a driveway or driveway apron.
7. Within eighteen (18") inches from the edge of the curb.
8. Within five (5') feet of a public bench.
9. Where placement impedes the flow of vehicular traffic such as on public streets or public highways.
B. No vending cart may be chained or fastened to any utility pole, sign, tree, or other object in the public right-of-way or left unattended at any time.
C. No vending cart may impede the flow of pedestrian traffic by reducing the path of travel to less than four (4') feet, or impede access to or restrict the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).
D. No person shall vend from a human-powered or non-motorized conveyance, such as a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or from one's person, on any roadway (as defined by Vehicle Code section 530) in the City.
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2 E. Notwithstanding any specific regulations in this chapter, no sidewalk vendor may install, use or maintain a vending cart where placement endangers the safety of persons or property.
12.44.080 Sidewalk Vending Prohibited Near Special Events and Other Vendors or Authorized Concessionaires.
A. No sidewalk vending is allowed within three hundred (300') feet of all borders of a city-sponsored or city-permitted temporary or special event, within the time period commencing one hour before until one hour after the event. Such events include any event that requires an encroachment permit or special event permit, or any other permit or authorization issued by the city, including filming events, parades, outdoor concerts, and public gatherings sponsored by the city.
B. No sidewalk vending is allowed within three hundred (300') feet of all borders of a certified farmers' market (operating pursuant to Chapter 10.5 of Division 17 of the Food and Agricultural Code, commencing with Section 47000) or a swap meet (operating pursuant to Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, commencing with Section 21660) during the hours of operation.
C. For the purpose of determining the geographical restrictions set forth in this section, the applicable borders of any temporary or special event, certified farmers' market, or swap meet shall be based on the area of use set forth or otherwise described in the permit or other authorization issued by the City. The Administrator or designee shall maintain a copy of such permits or other authorizations on file, unless expired or revoked, and shall make available such permits or authorizations to sidewalk vendors for inspection upon request. The Administrator or designee shall also provide sidewalk vendors with notice regarding the issuance of temporary or special event permits if such notice is required to be provided to affected business owners or property owners.
D. No sidewalk vendor may vend within twenty-five (25') feet of another sidewalk vendor at any city park.
E. Vendors are prohibited from sidewalk vending in parks and other city facilities that have exclusive, signed concession agreements. The Administrator shall maintain a list of parks and facilities with an exclusive concession agreement and provide a copy of such list with the issuance of any vending permit.
12.44.090 Administration.
The Administrator is authorized to develop, and enforce, the rules and regulations regarding the licensing, permitting, and operation of sidewalk vending, in accordance with this Chapter.
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2 12.44.100 Enforcement.
A. Sidewalk vending in violation of this Chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to the following enforcement procedures:
1. For the first incident, a written warning will be issued specifying the provision of this Chapter 12.44 that has been violated as well as materials outlining the regulations of this Chapter 12.44 and any other adopted rules and regulations pertaining to sidewalk vending.
2. For the second incident, persons found in violation of this Chapter shall be subject to an Administrative Citation. Administrative citations shall be in the format set forth in Section 1.08.060 of this Code. In conjunction with the issuance of an administrative citation, the city will provide the person subject to administrative citation notice of their right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.
3. For vending without a valid vending permit the following fines shall be applicable:
(i) An administrative fine of two hundred fifty and no/100ths ($250.00) dollars for a first violation.
(ii) An administrative fine of five hundred and no/100ths ($500.00) dollars for a second violation within one year of the first violation. (iii) An administrative fine of one thousand and no/100ths ($1,000.00) dollars for a third violation and each subsequent violation, within one year of the first violation.
Upon proof of a valid permit issued by the City before such fines are due, the city will reduce the amount of the fines to one hundred and no/100ths ($100.00) dollars for the first violation, two hundred and no/100ths ($200.00) dollars for the second violation, and five hundred and no/100ths ($500.00) dollars for each violation thereafter.
4. For all violations of this chapter other than vending without a valid vending permit as outlined in subsection A above:
(i) An administrative fine of one hundred and no/100ths ($100.00) dollars for a first violation.
(ii) An administrative fine of two hundred and no/100ths ($200.00) dollars for a second violation within one year of the first violation.
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2 (iii) An administrative fine of five hundred and no/100ths ($500.00) dollars for a third violation within one year of the first violation. (iv) An administrative fine of five hundred and no/100ths ($500.00) dollars for a fourth and each subsequent violation, and revocation of the vending permit. Revocation proceedings will be conducted in accordance with the rules and regulations established by the city.
C. All administrative citations issued for violations of this chapter and the rules and regulations are subject to the administrative hearing and appeal process set forth under Section 1.08.060(F)-(I) of this Code, except that fines and late charges shall not be imposed under Section 1.08.060(E). Citations shall be served using a method set forth in Section 1.04.100.
D. Fines assessed pursuant to this section shall be reduced to twenty (20%) percent of the original fine amount upon submission of proof of inability to pay at the administrative hearing if requested by the person pursuant to Government Code section 51039(f). Additionally, the hearing officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
E. All administrative fines imposed shall be subject to the city's authority to use any civil remedy available to collect any unpaid administrative fine, including, but not limited to, a collections program. No interest charges, late charges, or other fees shall be imposed for an administrative citation issued as a result of a violation of this Chapter.”
SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or word of this Ordinance 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 Ordinance.
SECTION 7. 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 as this Ordinance only makes administrative changes.
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2 SECTION 8. EFFECTIVE DATE
This ordinance shall become effective thirty days after adoption.
SECTION 9. 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.
This Ordinance was introduced and read on the 15th of April, 2024 and passed and adopted the __ day of ________, 2024, by the following vote:
AYES:
NOES:
ABESENT:
ABSTAIN:
____________________________
PATRICK SULLIVAN, MAYOR
ATTEST:
______________________________
PRISCILLA SCHAUS, CITY CLERK
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Chapter 12.08
DEFINITIONS
Sections:
12.08.010 Definitions generally.
12.08.020 Amplified sound.
12.08.030 Buildings.
12.08.040 Director of parks and recreation.
12.08.050 Nature preserve.
12.08.060 Parks.
12.08.070 Permit.
12.08.080 Persons.
12.08.010 Definitions generally.
The words and phrases set forth in Sections 12.08.020 through 12.08.080, 12.08.090 whenever used in Chapters 12.04 through 12.36, shall be construed as defined in this chapter.
12.08.020 Amplified sound.
“Amplified sound” means speech or music projected or transmitted by electronic equipment including amplifiers, loudspeakers, microphones, bull-horns or similar devices or combinations of devices which are intended to increase the volume, range, distance or intensity of speech or music and are powered by electricity, battery or combustible fuel.
12.08.030 Buildings.
“Buildings” includes those buildings, or any portions thereof, under the supervision of the department of parks and recreation made available to exclusive use permittees.
12.08.040 Director of parks and recreation.
“Director of parks and recreation” refers to the managing director of the department of parks and recreation or their designee.
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12.08.050 Nature preserve.
“Nature preserve” means an area providing relative safety and freedom from disturbance for indigenous species of flora and fauna.
12.08.060 Motorized Food Truck.
“Motorized Food Truck” means any motorized vehicle from which food or food products are sold, offered for sale, displayed, bartered, or exchanged, or otherwise given.
12.08.070 Parks.
“Parks” includes all grounds, roadways, avenues, parks, waterways, beaches and dikes under the supervision of the department of parks and recreation.
12.08.080 Permit.
“Permit” means a permit for exclusive use of parks or buildings as provided for and defined in Chapters 12.04 through 12.36.
12.08.090 Persons.
“Persons” includes persons, associations, partnerships, firms or corporations.
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Chapter 12.12
ADMINISTRATION AND ENFORCEMENT
Sections:
12.12.010 Park and building permits— Decision appeal.
12.12.020 Park and building permits—Fees and deposits.
12.12.030 Permittee’s liability.
12.12.040 Park and building permits— Violation a misdemeanor.
12.12.050 Enforcement.
12.12.060 Violation—Penalty.
12.12.010 Park and building permits— Decision appeal.
With respect to park and building permits, an applicant may appeal the decision of the director to the city council. Applicant must file the appeal with the city council within five days of the director’s mailing of such decision. The city council shall hold a hearing at the next meeting of the council following the filing of the appeal at the office of the city clerk, except that the hearing must be held within two weeks of the date of the filing of the appeal, at which time applicant may present any and all evidence, testimony and information relevant to the application. The city council shall within twenty-four hours of the appeal hearing issue its decision either affirming the denial of the application or directing the director of parks and recreation to issue a permit as applied for subject to the reasonable terms and conditions as outlined in Sections 12.16.040 through 12.16.070 or Sections 12.20.040 through 12.20.080. The decision of the city council shall be final and binding, and no further appeal shall be taken. The city council shall specify its grounds for denial.
12.12.020 Park and building permits—Fees and deposits.
Upon the granting of a permit under Chapters 12.04 through 12.36, any fees or deposits required for the use of city personnel, parks, buildings, equipment and facilities shall be contained in the permit and the fees or deposits shall be paid by the applicant within ten days of the receipt of the permit. If the fees or deposits are not paid within said ten days, the permit theretofore issued shall be null and void. Fees and deposits required shall be as stated in the city standards and guidelines for the use of parks and the city standards and guidelines for use of community buildings, Sections 12.16.080 through 12.16.180 and 12.20.090 through 12.20.190,
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respectively. Fees for special equipment and/or personnel unknown at time of application will be billed after the activity when computation thereof is accomplished.
12.12.030 Permittee’s liability.
All persons to whom an exclusive use permit has been granted must agree in writing to hold the city, and any other affected government entity harmless and indemnify same from any and all liability for injury to persons or property occurring as a result of the activity sponsored by the permittee, and said person shall be liable to the city or other applicable government entity for any and all damage to parks, facilities and buildings owned by same, which results from the activity of the permittee or is caused by any participant in the activity. A certificate of insurance shall be issued to the city, pursuant to the instructions and guidelines contained in Sections 12.16.160 and 12.20.170.
12.12.040 Park and building permits— Violation a misdemeanor.
Violation of any of the terms and conditions of the permit by the permittee, or any agent, servant or employee of the permittee, is a misdemeanor.
12.12.050 Enforcement.
The director and chief of police, or histheir authorized representative, including any designated city code enforcement officer or safety officer shall diligently enforce the provisions of Chapters 12.04 through 12.36, and shall have the authority to eject from any park or community building any person acting in violation of these rules and regulations; further, the chief of police, or their his authorized representative, or any designated code enforcement officer or safety officer shall have the authority to issue administrative citations pursuant to section 1.08.060, deny use of parks or community buildings, eject persons, and close parks and recreation buildings to individuals or groups who refuse to comply with these rules and regulations.
12.12.060 Violation—Penalty.
All persons entering parks or community buildings shall abide by the rules and regulations of the city, as provided in Chapters 12.04 through 12.36, and the instructions and directions of duly authorized employees of the city.
Any person violating, or any person, firm or corporation causing or permitting to be violated, any provision of Chapters 12.04 through 12.36 is guilty of a misdemeanor and upon conviction thereof is punishable by a fine
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not to exceed one hundred dollars or by imprisonment in the county jail for not to exceed one month, or both.
Violations of Chapters 12.04 and 12.36 may also be subject to an administrative citation pursuant to section
1.08.060 , and additionally shall be subject to any applicable federal, state, county or municipal statutes and the penalties imposed therein.
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Chapter 12.16
PARK USE
Sections:
12.16.010 Permit—Required.
12.16.020 Permit—Application—Filing.
12.16.030 Permit—Application—Contents.
12.16.040 Permit—Decision.
12.16.050 Permit—Grant conditions—Crowd control.
12.16.060 Permit—Grant for another location.
12.16.070 Permit—Denial.
12.16.080 Standards and guidelines—Intent.
12.16.090 Schedule of fees and charges.
12.16.100 Fees and charges—Decoration and clean-up time included.
12.16.110 Additional fees and charges.
12.16.120 Fees and charges—Increase for after-hours use—Minimum charge.
12.16.130 Fees and charges—Financial arrangements.
12.16.140 Caterer approval required.
12.16.150 Security deposit.
12.16.160 Liability insurance.
12.16.170 Permit—Decision appeal.
12.16.180 Reservations.
12.16.010 Permit—Required.
The city’s parks shall be made available for the exclusive use of persons and groups subject to the issuance of a permit by the director and subject to the payment of fees therefor as provided in the city standards and guidelines for use of parks, Sections 12.16.080 through 12.16.180. No exclusive use of any park for pre- advertised assemblies or groups consisting of twenty-five or more persons may be made without the issuance of a permit, except for athletic fields, in which case no exclusive use of any park for pre-advertised assemblies or groups consisting of ten or more persons may be made without the issuance of a permit. All applications of
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exclusive use of any park must be signed or co-signed by an adult, which adult shall agree to be responsible for said exclusive use. No exclusive use permit will be granted if, prior to the time the application was filed, the city has scheduled a city-sponsored event at the same time and place as the activity proposed in the application. No exclusive use permit shall be granted for a park for any assembly or assembly activity involving more than one hundred fifty participants during any of the time between one hour before sunset and one hour after sunrise, unless the park has the appropriate lighting, except Easter Sunrise Services. No use permit shall be granted to allow rides on ponies, horses, or other animals.
12.16.020 Permit—Application—Filing.
Any person applying for a park use permit under this chapter shall file an application for such permit with the director not less than twenty days nor more than three hundred sixty-five days prior to the proposed use of the park. The director may waive either period if the applicant waives all appeal rights.
12.16.030 Permit—Application—Contents.
The application shall contain the following:
A. Name of each applicant, sponsoring organization and the person or person(s) who are in charge of or responsible for the proposed activity;
B. The business and residence addresses and telephone numbers of each person and entity named in subdivision A of this section;
C. The park of portion thereof being applied for;
D. The starting time of the proposed activity;
E. The finishing time of the proposed activity;
F. The number of persons expected to attend the activity; G. Additional city facilities requested, such as personnel, tables, chairs, etc.; H. The nature of the proposed activity or activities, including equipment and vehicles to be brought into the park, the nature and duration of the use of such equipment, and the nature and duration of the use of any amplified sound, whether speech or music;
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I. Any fees, charges, donations of collections to be collected and/or received and the purpose for which they are to be used; and
J. Estimated number of parking spaces required.
12.16.040 Permit—Decision.
The director shall grant or deny such application on or before seven days after the filing of the application unless the time for such granting or denial of the permit has been waived by the applicant in writing or unless the size or nature of the event necessitates a review by the interdepartmental evaluation committee (IDEC).
The decision granting or denying the application shall be mailed to the applicant by first class mail.
12.16.050 Permit—Grant conditions—Crowd control.
The director shall grant the application when it complies with the standards and guidelines in Sections 12.16.080 through 12.16.180, and upon granting any permit may impose reasonable requirements and conditions concerning the use of the park by the applicant based upon Sections 12.16.080 through 12.16.180. The organizers of all events that are expected to draw one thousand or more attendees are required to submit a security plan that must be reviewed and approved by the police department before an event application will be approved. At a minimum, the police department shall consider the following factors to determine that the appropriate level of staffing is included in the security plan:
attendance, street closure, overnight security for multi-day events, ABC permit, potential for unrest. The applicant may, at his/her option, engage police personnel or duly licensed private security subject to the provisions of Chapters 2.48 and 5.48.
12.16.060 Permit—Grant for another location.
Any resolution passed by the city council revising, changing or initiating any plan for development of any park shall be deemed to have amended Sections 12.16.080 through 12.16.180 and shall be made part of Sections 12.16.080 through 12.16.180. Such change shall be reflected in Sections 12.16.080 through 12.16.180 and shall be made available to the public. The director may grant the application for a park other than that applied for with the consent of the applicant in the event that a permit has already been issued for said park or said park does not meet the needs of applicant or is otherwise unsuitable pursuant to Sections 12.16.080. through 12.16.180. In the event that more than one application is received for
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one park for use on the same day, the director shall first act upon the application first received; pursuant, however, to the priorities for usage as designated Sections 12.16.080 through 12.16.180.
12.16.070 Permit—Denial.
A. The director shall deny the application if he finds that any of the following conditions exist:
1. That the application reveals that the city has no park which will accommodate the activity of the applicant pursuant to the standards and guidelines contained in Sections 12.16.080 through 12.16.180;
2. That the proposed activity is of a size or nature that requires the diversion of so great a number of police officers of the city to properly police the areas as to hinder police protection to the city;
3. That the applicant has failed to agree to provide a reasonable means of informing all of the persons participating in the proposed activity of the terms and conditions of such permits;
4. That the applicant fails to file a timely application, unless waived by the director and the applicant waives all right of appeal.
B. Such denial shall specify the grounds therefor.
12.16.080 Standards and guidelines—Intent.
A schedule of fees and charges for use of parks shall be adopted and periodically amended by city council resolution as part of the city’s master fee schedule to establish and regulate the fees, charges and priority uses for city parks.
It is further the intent of the city council and the policy that city residents and organizations receive preferential privileges of use over persons and organizations from outside the city.
12.16.090 Schedule of fees and charges.
The following schedule shall apply for purposes of determining priority use as well as applicable fees and charges for use of public parks.
A. Classification A. Meetings of the city council or subdivisions or committees thereof and public recreation activities that are conducted by the department of recreation. There shall be no scheduled service charge;
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B. Classification B. Meetings or programs that are conducted by city youth organizations. Also included in this classification are city community service organizations and special interest clubs conducting business meetings or programs which are free and open to the public. There shall be no service charge; C. Classification C. City residents including any recreation, social or service activity conducted by any person or group of persons not included in Classification A or B, as set forth in this section, including, but not limited to, private parties, local political activities, wedding receptions, church activities, etc., shall be charged in accordance with the service charges listed under C as adopted by resolution; D. Classification D. Meetings and programs that are organized, promoted, conducted or sponsored by Foster City nonprofit organizations;
E. Classification E. Noncity nonprofit residents, clubs or organizations, including any recreational, social, or service activity conducted by any person or group of persons not included in Classification A, B, C, and D, as set forth in this section, including, but not limited to, noncity nonprofit private parties, wedding receptions, church activities, in accordance with the service charges listed under E as adopted by resolution; F. Exceptions—Community Fund Raising. Events sponsored by groups under Classification B shall pay a fee in accordance with the service charges listed under B as adopted by resolution; G. Closed Social Parties. Including those activities purely for the benefit of members in Classification B will be charged in accordance with the service charges listed under D as adopted by resolution.
PARKS
SERVICE CHARGES
A B C D E
No
service
charge
No
service
charge
Per
resolution
Per
resolution
Per
resolution
12.16.100 Fees and charges—Decoration and clean-up time included.
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In computing the fees and charges set forth in Section 12.16.090, the time required for decoration and cleanup will be included in the hours being reserved.
12.16.110 Additional fees and charges.
If the event runs beyond the scheduled hours or additional costs are incurred by the city as a result of the event, all costs will be billed according to applicable rates or actual charges.
12.16.120 Fees and charges—Increase for after-hours use—Minimum charge.
The scheduled rate for each park will be increased by fifty percent per hour during other than regular hours of operation or regular days of operation to cover the necessary additional expenses incurred by the city. Regular operating days and hours shall be Monday through Saturday, eight a.m. to eleven p.m., except when such days fall on holidays. The minimum service charge is for two hours.
12.16.130 Fees and charges—Financial arrangements.
Financial arrangements concerning all deposits, fees and charges should be made at the department of parks and recreation office at least forty-eight hours prior to the date of the event.
12.16.140 Caterer approval required.
All caterers must be approved by the department of parks and recreation.
12.16.150 Security deposit.
A security deposit equal to seventy-five dollars or double the applicable service charge, whichever is greater, shall be required for all uses in Classifications D, E and F.
12.16.160 Liability insurance.
All persons, groups and organizations shall agree to hold the city, the Estero Municipal Improvement District and their elective and appointive boards, commissions, officers, agents and employees harmless from any liability or damages and claims for damages for personal injury, including death, as well as from claims for property damage which might arise from the use of community parks and their furnishings. All noncity persons, groups and organizations and all commercial classifications using community parks pursuant to this policy
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shall, at least one week in advance of the time of anticipated use, file with the city certificates or other documentation evidencing insurance and endorsements consistent with the requirements set forth by the city council from time to time in the master insurance and indemnity requirements schedule.
12.16.170 Permit—Decision appeal.
A request for a use permit under this policy may be rejected without cause by the director. of parks and recreation, in which case the applicant shall have the right of appeal to the city council. Any applicant who does not agree with the determination of the director or an applicant who does not agree with theis classification given or service charge assessed shall have the right of appeal to the city council pursuant to Section
12.12.010. The decision of the city council shall be final.
12.16.180 Reservations.
A. Reservations for community parks use pursuant to Classifications C, D, E and F in Section 12.16.090 may be superseded at any time by uses pursuant to Classifications A and B in Section 12.16.090, unless otherwise determined by the director.
B. Reservations for community parks use pursuant to Classifications D, E and F may be superseded by uses pursuant to Classification C provided that the C-use permit is issued at least thirty days prior to the reserved use, unless otherwise determined by the Director.
C. The Director may exercise their discretion to utilize a different priority for the Classifications identified in Section 12.16.090 when necessary to ensure that community park use is available to all Classifications in an equitable manner .
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Chapter 12.36
GENERAL PARK AND BUILDING RULES AND REGULATIONS
Sections:
12.36.010 Sales for profit.
12.36.020 Soliciting.
12.36.030 Handbills and advertisements.
12.36.040 Sound-amplifying devices.
12.36.050 Ball-playing areas.
12.36.060 Model crafts.
12.36.070 Working on vehicles.
12.36.080 Bicycles and animals.
12.36.090 Control of dogs, cats and other animals.
12.36.100 Litter.
12.36.110 Interfering with another’s use.
12.36.120 Weapons use—Molesting animals.
12.36.130 Injuring vegetation.
12.36.140 Removal of turf or soil.
12.36.150 Injuring or disturbing property.
12.36.160 Fires.
12.36.170 Use between ten p.m. and sunrise.
12.36.180 Fishing in Foster City Lagoon.
12.36.010 Sales for profitTransaction of Business.
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Any person carrying on or transacting any business in the park shall comply with the business license and tax requirements of Article I of Title 5 of this Code. It is unlawful for any person to conduct sales for profit in any park or community building except with the expressed written consent of the director and full compliance with Article I of Title 5 of this code.
12.36.020 Sidewalk Vending and Motorized Food TruckSoliciting.
A. A sidewalk vendor, as that term is defined in Chapter 12.44, may operate in parks in accordance with the provisions of Chapter 12.44 of this Code.
B. Any Motorized Food Truck may operate on park grounds in a specified location or in a designated parking area for special events as authorized by the Director. No person shall sell, vend, peddle or distribute any merchandise or property whatever, or sell tickets or solicit contributions for any event whatsoever, in any park or community building except with the expressed written consent of the director.
12.36.030 Posting of Handbills, circulars, pamphlets, papers and advertisements.
It is unlawful for any person to distribute, circulate, give away, throw or deposit in or on any park or community building any handbills, circulars, pamphlets, papers, advertisement, or post or affix handbills, circulars, pamphlets, papers, advertisements the same to any tree, fence or structure in any park or community building without the expressed written consent of the director.
12.36.040 Sound-amplifying devices.
No person shall utilize any machine or device for the purpose of amplification of human voice, music or any other sound in parks or community buildings except with specific authorization being granted in an exclusive use permit. The regulation of the sound level of such amplification equipment shall be in accordance with Article IV of Title 9 of this code.
12.36.050 Ball-playing areas.
No person shall drive, putt, hit or bat golf balls, hardballs or softballs in the area of a park except in areas set aside and posted for that purpose.
12.36.060 Model crafts.
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No person shall fly model airplanes or operate model crafts of any kind or description in any area of a park or in a programmed water area except in areas set aside and posted for that purpose.
12.36.070 Working on vehicles.
It is unlawful for any person to wash, wax, repair or service any automobile or other conveyance within any park or city-owned parking facility except with the expressed written consent of the director.
12.36.080 Bicycles and animals.
No person shall operate, drive or ride upon any bicycle, unicycle, horse or any other animal in any park except in areas designated and posted specifically for such use, or with the expressed written consent of the director.
No cattle, sheep, goats, horses or any animals shall graze in any park except in areas designated and posted specifically for such use or with the expressed written consent of the director.
12.36.090 Control of dogs, cats and other animals.
It is unlawful to bring or maintain in or upon any park or community building any dog, cat or other animal, unless such dog, cat or other animal is kept at all times on a leash, not to exceed six feet in length, and under full control of its owner or custodian, except with the expressed written consent of the director. Persons shall not leave or deposit dogs, cats, fowl, fish or other animals, whether dead or alive, in any park, lagoon or community building.
12.36.100 Litter.
No person within any park or community building shall leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor. No person shall use the receptacles provided for in this section for the purpose of depositing yard clippings or other garbage or trash generated on private property.
12.36.110 Interfering with another’s use.
No person within any park or community building shall use or attempt to use or interfere with the use of any table, space or facility within the park or building which at the time is reserved for any other person or group which has received a permit from the director therefor. Unless the actual use of the table, space, area, building
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or facility referred to in any such permit is commenced within one hour after the period covered by such permit, such permit may be cancelled by the director.
It is unlawful for any person to engage in boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to a breach of the public peace and enjoyment of the facility.
12.36.120 Weapons use—Molesting animals.
No person shall discharge, fire or shoot any firearm, air gun, fireworks or explosive device, slingshot or bow and arrow or other device in any park except at places designated and posted specifically for such purpose. No person shall take, seize, molest, injure or hunt any bird, reptile or animal in any park or community building, or portion thereof, where signs prohibiting the same are posted.
12.36.130 Injuring vegetation.
No person other than a duly authorized city employee in the performance of his duty or persons participating in city-sponsored or authorized activities shall dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any park or area of a community building.
12.36.140 Removal of turf or soil.
No person other than a duly authorized city employee in the performance of his duty shall remove any wood, turf, grass, soil, rock, sand or gravel from any park.
12.36.150 Injuring or disturbing property.
A. No person other than a duly authorized city employee in the performance of his duty shall:
1. Cut, carve, break, injure, deface or disturb any rock, building, cage, pen, monument, sign, fence, bench, structure, apparatus, equipment or property in a park;
2. Mark or place thereon any mark, writing or printing;
3. Attach thereto any sign, card, display or other similar device, except as authorized by permit.
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B. No person shall attach to any community building materials, devices or equipment for the purpose of decorating that facility or for any other purpose without the expressed written consent of the director.
12.36.160 Fires.
No person shall light or maintain any fire in any park except for cooking fires using solid non-flame-producing fuel (charcoal, charcoal briquets, etc.). A permit shall be obtained from the fire department, unless such fire is lighted and maintained only in a stove or fire circle or place provided for such purpose.
12.36.170 Use between ten p.m. and sunrise.
No person shall remain in any park or building between ten p.m. and sunrise, other than a city employee in the performance of his duty or persons participating in city-approved activities or as provided in Sections 12.16.040 through 12.16.070.
12.36.180 Fishing in Foster City Lagoon.
A. Except as provided in subsection B of this section, it is unlawful to take fish from the Foster City Lagoon by the use of nets, traps and/or floating devices using numerous lines and hooks.
B. Fishing from the shore with a fishing pole and line, a single trap and/or a single net, per person, is authorized; provided, that such devices are not used in a manner that would constitute a danger or obstruction to swimmers, windsurfers or boats.
C. Commercial fishing is prohibited and unlawful. Commercial fishing means the taking of any species of fish by any means for commercial use or resale purposes.
D. Notwithstanding any other provisions of this code, a violation of this section is a misdemeanor punishable by a fine not to exceed one thousand dollars and imprisonment of not to exceed six months or both such fine and imprisonment.
12.36.190. Enforcement.
Enforcement of this Chapter shall be in accordance with Chapter 12.12.
12.36.200. Other Rules
9.1 Attachment 2 - Redline of Amendments to Chapters 12.08, 12.12, 12.16 and 12.36
328
1 9
9 3
The Director may from time to time adopt other rules as necessary for the safe and efficient use of parks and buildings. These rules shall be made available to the public through the City’s Parks and Recreation website and/or posted in a public place.”
9.1 Attachment 2 - Redline of Amendments to Chapters 12.08, 12.12, 12.16 and 12.36
329
Prepared Date 3/28/2024 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/9
Report Number 30
Check Date Check Number Vendor Name Description Check Amount 3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151418
151419
151420
151421
151422
151423
151424
151425
AAA BUSINESS SUPPLIES & INTERIORS
AMAZON CAPITAL SERVICES, INC.
AT&T
OFFICE SUPPLIES 550.90
774.19MISCELLANEOUS SUPPLIES - PARKS PROGRAM
BUSINESS PHONE LINE ACCOUNT 1,749.43
1,056.66
8,350.00
900.00
AT&T MOBILITY CELLULAR SERVICES - POLICE CARS
2024 WATER & WASTEWATER RATE STUDY
SMART CONTROLLER REBATE
BARTLE WELLS ASSOCIATES
BAYPORTE COMMUNITY ASSOCIATION
BENDER ROSENTHAL INC
BKF ENGINEERS
CIP657: ACQUISITION SERVICES - JANUARY 2024 33.75
CIP695: LIFT STATION 59 EFFLUENT LINE 25,213.25
IMPROVEMENTS & CIP716: STREET REHABILITATION
AND PARK PATHWAY - PROFESSIONAL SERVICES:
JANUARY 29, 2024 - FEBRUARY 25, 2024; CIP637: ROAD
WIDENING AT FOSTER CITY BLVD & CHESS
DR - PROFESSIONAL SERVICES: JANUARY 1, 2024 -
JANUARY 28, 2024
3/28/2024
3/28/2024
3/28/2024
151426
151427
151428
BLANKINSHIP & ASSOCIATES, INC.
BRADY INDUSTRIES
LAGOON MANAGEMENT PROGRAM 1,397.50
2,342.06
29,864.95
MISCELLANEOUS SUPPLIES - PARKS PROGRAM
BURKE, WILLIAMS & SORENSEN, LLP CITY ATTORNEY SERVICES, CIP657: LEVEE
PROTECTION PLANNING & IMPROVEMENT PROJECT,
AND CIP678: RECREATION CENTER PROJECT SUPPORT -
PROFESSIONAL SERVICES: JANUARY 2024
3/28/2024 151429 CAGWIN & DORWARD, LLC CIP657: LEVEE IMPROVEMENT - TURF AND IRRIGATION INSTALLATION AT GATESHEAD PARK - JANUARY 2024
70,350.00
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151430
151431
151432
151433
151434
151435
CAL-LINE EQUIPMENT INC
CLARK PEST CONTROL OF STOCKTON INC
CODE FOR FUN
MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM
PEST AWAY SERVICE
292.50
907.00
INSTRUCTOR FEE: CODE FOR FUN 115.50
COLLEEN GOTTHARDT
CORE & MAIN LP
EMPLOYEE TRAVEL REIMBURSEMENT
MISCELLANEOUS SUPPLIES - WATER PROGRAM
MESSAGE SWITCH: JANUARY - MARCH 2024
51.75 2,275.00
4,088.75COUNTY OF SAN MATEO PUBLIC SAFETY
COMMUNICATIONS
10.1 Warrant Register Report FY 2023-2024 Number 30 - March 28, 2024
330
Prepared Date 3/28/2024 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/9
Report Number 30
Check Date Check Number Vendor Name Description Check Amount 3/28/2024 151436 CSG CONSULTANTS INC. GENERAL BUILDING PERMIT REVIEW, CIP710: SHELL
BRIDGE FORCE MAIN, ENGINEERING SUPPORT
35,036.25
SERVICES, ENCROACHMENT PERMITS - PROFESSIONAL
SERVICES: SEPTEMBER 30, 2023 - OCTOBER 27, 2023;
CIP705: EMERGENCY GENERATOR REPLACEMENT,
CIP704: WATER METER REPLACEMENT, CIP657: LEVEE
OBSERVATION, GENERAL BUILDING PERMIT REVIEW,
D542 WAVERLY PHASE 3, D555 GILEAD - 342 LAKESIDE,
D556 GILEAD 344 LAKESIDE, D561 GILEAD NRC - 331
LAKESIDE - PROFESSIONAL SERVICES: JANUARY 27,
2024 - FEBRUARY 23, 2024; UP2023-
0030/0043/0044/0045/0046/0052/0055/0056/0066/0008/0019/ 0027/0047/0080/0081/0085/0089 REVIEW SERVICES
3/28/2024 151437 CWEA CERTIFICATION RENEWAL: LUIS AVALOS AND ZAHEED DANISH
206.00
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151438
151439
151440
151441
151442
151443
151444
151445
DEREK SCHWEIGART VISION REIMBURSEMENT: DEREK SCHWEIGART 200.00 796.21DEREK SCHWEIGART EMPLOYEE TRAVEL REIMBURSEMENT
PROFESSIONAL SERVICES - ADA EVALUATION
ADVERTISEMENT - CIP678: REQUEST FOR BID
VISION REIMBURSEMENT: DOUG YOUNG
POWER WASHING SERVICES
DISABILITY ACCESS CONSULTANTS LLC
DODGE DATA & ANALYTICS
1,130.00
751.30
DOUG YOUNG 200.00
ELITE PRESSURE WASHING SERVICES LLC
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
EWING IRRIGATION PRODUCTS
330.00
WATER SERVICES: JANUARY - FEBRUARY 2024 20,792.98
4,934.92MISCELLANEOUS MATERIALS & IRRIGATION SUPPLIES -
PARKS PROGRAM
3/28/2024 151446 FIFTY-FIVE PLUS CLUB REIMBURSEMENT FOR SENIOR DAY TRIP: SAN JUAN BAUTISTA GUIDED TOUR - 3/13/2024
ACTIVITY GUIDE - SUMMER 2024
150.00
3/28/2024
3/28/2024
3/28/2024
151447
151448
151449
FOLGERGRAPHICS 4,752.34
208.22FORELAND PARTS INC.
FOSTER CITY ISLANDER
AUTO PARTS
ADVERTISEMENT - CIP678: NOTICE INVITING BIDS 1,087.50
10.1 Warrant Register Report FY 2023-2024 Number 30 - March 28, 2024
331
Prepared Date 3/28/2024 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/9
Report Number 30
Check Date Check Number Vendor Name Description Check Amount 3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151450
151451
151452
151453
151454
FREYER & LAURETA, INC. CIP705: EMERGENCY GENERATOR REPLACEMENT
PLANNING DEPOSIT REFUND
7,620.50
498.75FUQIANG GAO
THE GOODYEAR TIRE & RUBBER COMPANY
GP CRANE & HOIST SERVICES
GRAINGER
AUTO PARTS AND TIRE SERVICES
CAL/OSHA CRANES SERVICES
1,016.93
506.67
RUBBER BOOTS AND EAR MUFFS FOR PUBLIC WORKS
DEPARTMENT AND MISCELLANEOUS SUPPLIES -
VEHICLE PROGRAM
413.76
3/28/2024 151455 GRIFFIN STRUCTURES INC CONSTRUCTION SUPPORT SERVICES: CIP678 -
RECREATION CENTER REPLACEMENT PROJECT
EQUIPMENT RENTAL
4,605.60
3/28/2024
3/28/2024
151456
151457
HERC RENTALS INC 1,342.26
3,229.53HIGHERGROUND, INC. 911 & RADIO VOICE RECORDER ANNUAL MAINTENANCE:
4/1/2024 - 3/31/2025
3/28/2024
3/28/2024
151458
151459
HINES, EDM, INC. PLANS & DOCUMENTS SCANNING 2,289.90
4,938.60HIP HOUSING AFFORDABLE VENTURES INC HIP MANAGEMENT FEE, WORKFORCE MANAGEMENT &
ACCOUNTING FEE, AND ONSITE PROPERTY MANAGER
SALARY - FEBRUARY 2024
3/28/2024 151460 HOME DEPOT CREDIT SERVICES MISCELLANEOUS MATERIAL & SUPPLIES - BUILDING,
SEWER, STREETS, & WATER PROGRAMS
ONLINE UTILITY BILLING
2,875.42
3/28/2024
3/28/2024
151461
151462
INFOSEND INC. 8,732.28
683.00INTEGRATED DESIGN 360 LLC ELECTRICAL CAPACITY STUDY AND COMMUNITY ENGAGEMENT - PROFESSIONAL SERVICES: FEBRUARY
2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151463
151464
151465
151466
151467
151468
151469
IT'S PERSONNEL P.C. HR SUPPORT - FEBRUARY 2024 14,785.71 26,615.50
500.00
JULIO CLEANING AND MAINTENANCE
KASSANDRA VIDALLO
KAY KHIN
JANITORIAL SERVICES: MARCH 2024
RENTAL DEPOSIT REFUND
VISION REIMBURSEMENT: KAY KHIN
LANDSCAPE MATERIALS - PARKS PROGRAM
EMPLOYEE TRAVEL REIMBURSEMENT
EMPLOYEE TRAVEL REIMBURSEMENT
200.00
LYNGSO GARDEN MATERIALS, INC.
MADELINE KOVAL
2,748.39
151.70
MARLENE SUBHASHINI 920.84
10.1 Warrant Register Report FY 2023-2024 Number 30 - March 28, 2024
332
Prepared Date 3/28/2024 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/9
Report Number 30
Check Date Check Number Vendor Name Description Check Amount 3/28/2024
3/28/2024
3/28/2024
151470
151471
151472
MELISSA LIN
MELISSA LIN
VISION REIMBURSEMENT: MELISSA LIN 200.00
655.84EMPLOYEE REIMBURSEMENT: OFFICE SUPPLIES
MISSION CLOUD SERVICES, INC CALOPPS SUPPORT - AMAZON WEB SERVICES:
FEBRUARY 2024
1,543.60
3/28/2024
3/28/2024
3/28/2024
151473
151474
151475
MISSION LINEN SUPPLY-UNIFORM
NBC SUPPLY CORP
LAUNDRY SERVICES 452.82
1,771.88
250.00
LATEX EXAM GLOVES
NWESTCO LLC OPERATOR INSPECTION FOR LIFT STATION #29 AND
FUEL SYSTEM OPERATOR INSPECTION
OFFICE SUPPLIES3/28/2024
3/28/2024
151476
151477
OFFICE DEPOT 104.98
OTIS ELEVATOR COMPANY ELEVATOR MAINTENANCE SERVICES: 4/1/2024 - 6/30/2024
2,132.61
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151478
151479
151480
151481
151482
PACIFIC AUXILIARY FIRE ALARM COMPANY
PACIFIC GAS & ELECTRIC COMPANY
PACIFIC NURSERIES
FIRE ALARM INSPECTION 2,015.94
123,376.79
282.41
ELECTRICITY & GAS
PLANT MATERIALS
PBM SUPPLY & MFG, INC. MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM 200.55 PETTY CASH/REBECCA HANAN PETTY CASH REPLENISHMENT: COMMUNITY
DEVELOPMENT DEPARTMENT
271.94
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151483
151484
151485
151486
PIONEER MANUFACTURING COMPANY INC
PITNEY BOWES INC.
MISCELLANEOUS SUPPLIES - PLAYFIELDS 1,058.54
236.25POSTAGE METER RENTAL
POSTAGEPITNEY BOWES RESERVE ACCOUNT
PLACER LABS INC.
3,000.00
17,000.00LOCATION BASED SERVICES & ANALYTICS
SUBSCRIPTION: MARCH 7, 2024 - MARCH 6, 2025
CLASS REFUND: JUNIOR NOVICE TENNIS3/28/2024
3/28/2024
151487
151488
POLINA MOISEEVA 72.50
PLAN JPA POOLED LIABILITY ASSURANCE
NETWORK
GENERAL LIABILITY CLAIMS - FEBRUARY 2024 12,229.48
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151489
151490
151491
151492
PRABATH SILVA VISION REIMBURSEMENT: PRABATH SILVA
"DOT" COMPLIANCE EXPENSES - FEBRUARY 2024
TOWEL/UNIFORM LAUNDRY SERVICES
COMMERCIAL WASTE & ORGANICS
200.00
290.07
239.74
612.75
PREFERRED ALLIANCE
PRUDENTIAL OVERALL SUPPLY
RECOLOGY SAN MATEO COUNTY
10.1 Warrant Register Report FY 2023-2024 Number 30 - March 28, 2024
333
Prepared Date 3/28/2024 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/9
Report Number 30
Check Date Check Number Vendor Name Description Check Amount 3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151493
151494
151495
151496
151497
151498
REGIONAL GOVERNMENT SERVICES (RGS)
RENNE PUBLIC LAW GROUP, LLP
RLH FIRE PROTECTION
CIP657 - LEVEE PROJECT SERVICES: JANUARY 2024
LOBBYING SERVICES: FEBRUARY 2024
5,594.12
6,500.00
5,602.00
609,130.38
728.10
FIRE PROTECTION INSPECTION AND REPAIRS
WATER SERVICES: 02/09/24-03/11/24SFPUC - WATER
SAN MATEO COUNTY CONTROLLER'S OFFICE
COUNTY OF SAN MATEO
PARKING CITATION PROCESSING - FEBRUARY 2024
CA LAW ENFORCEMENT TELECOMMUNICATIONS
SYSTEM ACCESS - FEBRUARY 2024
CRIME LAB FEE
246.76
3/28/2024
3/28/2024
3/28/2024
151499
151500
151501
SAN MATEO COUNTY SHERIFF'S OFFICE
SAN MATEO LAWN MOWER SHOP
471.95
1,212.76
11,055.75
MISCELLANEOUS SUPPLIES - VEHICLE PROGRAM
SAN MATEO RESOURCE CONSERVATION
DISTRICT
SB1383 SMRCD COMPOST PROGRAM: OCTOBER -
DECEMBER 2023
3/28/2024
3/28/2024
151502
151503
SATOKO NAKAMURA CLASS REFUND: MAD SCIENCE 353.00
SCHAAF & WHEELER CONSULTING CIVIL
ENGINEERS
CIP657: LEVEE PROTECTION PLAN AND IMPROVEMENT -
DECEMBER 2023 AND UP2022-0016 REVIEW SERVICES
16,951.56
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151504
151505
151506
151507
151508
151509
151510
SENSUS USA INC METERING INFRASTRUCTURE AGREEMENT
MISCELLANEOUS SIGNS FOR PARKS
OFFICE SUPPLIES
61,804.14
640.14SPEEDPRO IMAGING OF S.F. PENINSULA
STAPLES INC 360.32
DEPARTMENT OF JUSTICE
STEFAN CHATWIN
FINGERPRINTING SERVICES 405.00
EMPLOYEE TRAVEL REIMBURSEMENT
FINAL UTILITY BILL DUPLICATE PAYMENT REFUND
RADIO EQUIPMENT FEES
446.12
SUDIP MAJUMDER 300.50
TELECOMMUNICATIONS ENGINEERING
ASSOCIATES
2,115.50
3/28/2024
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151511
151512
151513
151514
151515
THOMAS SARSFIELD INSTRUCTOR FEE: TENNIS 3,707.78
234.00
60.24 THREE ALARM ELECTRICAL SYSTEMS INC
TOWNE FORD SALES
FIRE ALARM MONITORING: 4/1/2024 - 6/30/2024
AUTO PARTS
TRI-VALLEY MOTO MOTORCYCLE PARTS 253.98
9,448.56TRIPEPI, SMITH & ASSOCIATES, INC. CIP657: LEVEE IMPROVEMENTS - FEBRUARY 2024
10.1 Warrant Register Report FY 2023-2024 Number 30 - March 28, 2024
334
Prepared Date 3/28/2024 City of Foster City, CA
Accounts Payable Check Register
Accounting Period 2024/9
Report Number 30
Check Date Check Number Vendor Name Description Check Amount 3/28/2024
3/28/2024
151516
151517
TURBO DATA SYSTEM, INC. CITATION PROCESSING - FEBRUARY 2024 101.68 VERDE DESIGN INC CIP712: SYNTHETIC RESURFACING - PROFESSIONAL SERVICES: 10/26/2023 - 11/25/2023
JANITORIAL SUPPLIES
1,450.00
3/28/2024
3/28/2024
3/28/2024
151518
151519
151520
VERITIV OPERATING COMPANY
VERMONT SYSTEMS INC
2,377.30
175.00RECTRAC SETUP/TRAINING - 2/14/2024
VSS INTERNATIONAL, INC. CIP703: STREET REHABILITATION PROJECT 50%
RETENTION RELEASE
42,896.92
3/28/2024
3/28/2024
3/28/2024
3/28/2024
151521
151522
151523
151524
WE GO LOGO STAFF UNIFORMS - PARKS PROGRAM 590.63
80.00WHEEL WORKS TIRE SERVICES
WILDLIFE INNOVATIONS, INC.
ZACK TSCHIERSCHKY
CANADA GOOSE POPULATION MANAGEMENT PLAN
VISION REIMBURSEMENT: ZACK TSCHIERSCHKY
18,291.25
200.00
1,277,548.38
Submitted for Information:
____________________________________________
Waqas Hassan, Assistant Finance Director
(For Edmund Suen, City Treasurer)
CHECKS ON THIS REGISTER PROCESSED AND MAILED ON MARCH 28, 2024
10.1 Warrant Register Report FY 2023-2024 Number 30 - March 28, 2024
335