Agenda packet — Foster City City Council, April 15, 2024 (part 1 of 2)

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

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

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

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

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

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

AGENDA
Monday, April 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing April 2024 as “Arab American Heritage Month”

4.2. A Proclamation Recognizing April 2024 as “Parkinson’s Awareness Month”

4.3. A Proclamation Declaring the Week of April 1420, 2024 as “National Public Safety Telecommunicators Week”

4.4. A Proclamation Declaring the Week of April 2127, 2024 as “Volunteer Appreciation Week”

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

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

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

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

6.1. City/EMID Regular Meeting Minutes of April 1, 2024

6.2. A Resolution of the City Council of the City of Foster City Renewing Ordinance No. 647 Regarding Police Department Acquisition and Use of Military Equipment Pursuant to Assembly Bill 481 and Government Code Section 7070 Et Seq. and Approving the Military Equipment Use Policy a) Staff Report
b) Adopt Resolution

6.3. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Professional Services Agreement with David Turch and Associates, in an Amount NottoExceed $270,000 for an Initial ThreeYear Term, for Consulting Services for Assistance with Advice and Counseling to Federal Governmental Affairs
a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for CIP301716 Street Rehabilitation and Park Pathway Restoration Project (20232024) and Finding That the Project Is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA)
a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for an Enterprise Backup System a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for a Nutanix Hyperconverged Server a) Staff Report
b) Adopt Resolution

6.7. A Resolution of the City Council of the City of Foster City Authorizing the City Manager to enter into a Rebate Reservation Agreement with Peninsula Clean Energy Authority for Workforce Housing Electric Vehicle Charging (EV) project; Accept the $11,000 in rebates for the EV Charging project; and Finding the Request exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(b)(3)
a) Staff Report
b) Adopt Resolution

6.8. A Resolution of the City Council of the City of Foster City Ratifying the Proclamation of Existence of a Local Emergency By the City Manager of the City of Foster City Related to Major Damage to the City’s Main Water Pipeline
a) Staff Report
b) Adopt Resolution

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments Regarding Revisions to the City/District Master Fees and Service Charges Schedule for Fiscal Year 20242025
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – A Resolution of the City Council of the City of Foster City Amending the Master Fees and Service Charges Schedule for FY 202425 f) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Master Fees and Service Charges Schedule for FY 202425

7.2. A Public Hearing to Hear and Consider Comments and Introduce Ordinance Amending Foster City Municipal Code 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) a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – An Ordinance of the City of Foster City Amending 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) RZ20240004
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading

8. NEW BUSINESS

8.1. Discussion on City Council Policy for Requesting to Add Items to a Future Agenda
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9. ORDINANCES FOR INTRODUCTION

9.1. 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” of the Foster City Municipal Code 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” within Title 12 to Establish Locations and Regulations Applicable to Sidewalk Vendors
a) Staff Report
b) Action
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 28, 2024
a) Information Item Only
b) No Action Required

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

12. ADJOURNMENT
The public is invited to attend.

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

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

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

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

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, April 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing April 2024 as “Arab American Heritage Month”

4.2. A Proclamation Recognizing April 2024 as “Parkinson’s Awareness Month”

4.3. A Proclamation Declaring the Week of April 1420, 2024 as “National Public Safety Telecommunicators Week”

4.4. A Proclamation Declaring the Week of April 2127, 2024 as “Volunteer Appreciation Week”

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

6.1. City/EMID Regular Meeting Minutes of April 1, 2024

6.5. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for an Enterprise Backup System a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for a Nutanix Hyperconverged Server a) Staff Report
b) Adopt Resolution

7. PUBLIC HEARINGS

8. NEW BUSINESS

8.1. Discussion on City Council Policy for Requesting to Add Items to a Future Agenda
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9. ORDINANCES FOR INTRODUCTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 28, 2024
a) Information Item Only
b) No Action Required

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, April 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing April 2024 as “Arab American Heritage Month”

4.2. A Proclamation Recognizing April 2024 as “Parkinson’s Awareness Month”

4.3. A Proclamation Declaring the Week of April 1420, 2024 as “National Public Safety Telecommunicators Week”

4.4. A Proclamation Declaring the Week of April 2127, 2024 as “Volunteer Appreciation Week”

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

6.1. City/EMID Regular Meeting Minutes of April 1, 2024

6.5. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for an Enterprise Backup System a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for a Nutanix Hyperconverged Server a) Staff Report
b) Adopt Resolution

7. PUBLIC HEARINGS

8. NEW BUSINESS

8.1. Discussion on City Council Policy for Requesting to Add Items to a Future Agenda
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9. ORDINANCES FOR INTRODUCTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 28, 2024
a) Information Item Only
b) No Action Required

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, April 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing April 2024 as “Arab American Heritage Month”

4.2. A Proclamation Recognizing April 2024 as “Parkinson’s Awareness Month”

4.3. A Proclamation Declaring the Week of April 1420, 2024 as “National Public Safety Telecommunicators Week”

4.4. A Proclamation Declaring the Week of April 2127, 2024 as “Volunteer Appreciation Week”

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

6.1. City/EMID Regular Meeting Minutes of April 1, 2024

6.5. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for an Enterprise Backup System a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for a Nutanix Hyperconverged Server a) Staff Report
b) Adopt Resolution

7. PUBLIC HEARINGS

8. NEW BUSINESS

8.1. Discussion on City Council Policy for Requesting to Add Items to a Future Agenda
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9. ORDINANCES FOR INTRODUCTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 28, 2024
a) Information Item Only
b) No Action Required

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, April 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing April 2024 as “Arab American Heritage Month”

4.2. A Proclamation Recognizing April 2024 as “Parkinson’s Awareness Month”

4.3. A Proclamation Declaring the Week of April 1420, 2024 as “National Public Safety Telecommunicators Week”

4.4. A Proclamation Declaring the Week of April 2127, 2024 as “Volunteer Appreciation Week”

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

6.1. City/EMID Regular Meeting Minutes of April 1, 2024

6.5. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for an Enterprise Backup System a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for a Nutanix Hyperconverged Server a) Staff Report
b) Adopt Resolution

7. PUBLIC HEARINGS

8. NEW BUSINESS

8.1. Discussion on City Council Policy for Requesting to Add Items to a Future Agenda
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9. ORDINANCES FOR INTRODUCTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 28, 2024
a) Information Item Only
b) No Action Required

12. ADJOURNMENT
The public is invited to attend.

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

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

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

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, April 15, 2024 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing April 2024 as “Arab American Heritage Month”

4.2. A Proclamation Recognizing April 2024 as “Parkinson’s Awareness Month”

4.3. A Proclamation Declaring the Week of April 1420, 2024 as “National Public Safety Telecommunicators Week”

4.4. A Proclamation Declaring the Week of April 2127, 2024 as “Volunteer Appreciation Week”

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

6.1. City/EMID Regular Meeting Minutes of April 1, 2024

6.5. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for an Enterprise Backup System a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing Staff to Issue a Request for Proposals for a Nutanix Hyperconverged Server a) Staff Report
b) Adopt Resolution

7. PUBLIC HEARINGS

8. NEW BUSINESS

8.1. Discussion on City Council Policy for Requesting to Add Items to a Future Agenda
a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

9. ORDINANCES FOR INTRODUCTION

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 28, 2024
a) Information Item Only
b) No Action Required

12. ADJOURNMENT
The public is invited to attend.

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

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

6 4.1

4.1 Proclamation

7 4.2

4.2 Proclamation

8 •
•
(Jlrocfamation
of tlie City of Poster City, Ca[ifomia
"National Public Safety Telecommunicators Week"
April 14-20, 2024
WHEREAS, the coordination of communication is the backbone of any public safety organization's ability to provide emergency services to their community and that public safety communication centers play a vital role in fulfilling this mission critical task; and WHEREAS, the City of Foster City maintains a Public Safety Communication Center and excels at providing first point of contact between citizens and all of our community emergency servi ces and does so in an effective, efficient, and professional manner; and WHEREAS, our Dispatch Center personnel logged over 26,032 incidents last year including the resolution of 6,907 "911 Calls" for service; and
WHEREAS, when an emergency occurs, the prompt response of public safety personnel is critical to the protection of life, property, and domestic security; and WHEREAS, our dispatchers are the first responders who receive and transmit critical information from our residents, visitors and business community as emergencies occur; and WHEREAS, the safety of our police officers, firefighters, and community depend on the information obtained from those who contact the Foster City Police Department Communication Center; and
WHEREAS, each Foster City Police Department Dispatcher has exhibited compassion, dedication, and professionalism during the performance of her/his duties in the past year.

NOW, THEREFORE, I, PATRICK SULLIVAN, MAYOR OF THE CITY OF FOSTER CITY, ON BEHALF OF THE CITY COUNCIL, do hereby recognize and proclaim April 14-20, 2024 as "National Public Safety Telecommunicators Week" and specifically honor our public safety Dispatch Center staff for their diligence and professionalism in helping keep our residents, employees and community safe.

IN WITNESS WHEREOF, I have hereunto set my
hand and have caused the official seal of the City of
Foster City to be affixed this fifteenth day of April,
two thousand twenty-four, A.O.

PATRICK SULLIVAN, MAYOR
•
•

4.3 4.3 Proclamation

9 (l>rocfamation
of tlie City of Poster City, Ca{ifomia
"National Volunteer Week"
April 21-27, 2024
WHEREAS, in 1974 the President of the United States signed an executive order establishing an annual celebration of volunteering;
WHEREAS, the City of Foster City fully support the benefit of engaging committed members of the public in service to our City; and
WHEREAS, the dedication of the people and groups in our community who volunteer to make our community a better place to live, work, and play is important to the City and our City Council; and WHEREAS, volunteers have made a difference in the City by organizing park cleanups, helping in community events, assisting City staff with clerical work, supporting first responders as Emergency Services volunteers, serving as Reserve Police Officers and Police Explorers and much more; and WHEREAS, these volunteers within the City of Foster City have donated their time to serve, and over the years, have contributed numerous hours in support of the mission of the City of Foster City and in service to the community; and
WHEREAS, their spirit of volunteerism continues to contribute to our engaged, motivated and vibrant community; and
WHEREAS, we hope the work of these dedicated men and women inspires others to seek ways in which to serve their communities; and
WHEREAS, each City of Foster City volunteer has exhibited compassion, dedication, and professionalism during the performance of her/his duties in the past year.

NOW, THEREFORE, I, PATRICK SULLIVAN, MAYOR OF THE CITY OF FOSTER CITY, ON BEHALF OF THE CITY COUNCIL, do hereby recognize and proclaim April 14-20, 2024 as "National Volunteer Week" and specifically recognize our local volunteers for their service to the citizens of Foster City and encourage other community members to engage in volunteerism as well. . .

IN WITNESS WHEREOF, I have hereunto set my hand
and have caused the official seal of the City of Foster City to be affixed this fifteenth day of April, two thousand twenty-four, AD.

PATRICK SULLIVAN, MAYOR

4.4 4.4 Proclamation

10 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF APRIL 1, 2024

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of April 1, 2024 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Sullivan.

Vice Mayor/Vice President Jimenez teleconferenced from 2570 Kalakaua Ave, Honolulu, HI 96815.

This meeting was held as a hybrid meeting.

ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Sofia Mangalam, Community Development Director; Andrew Brozyna, Public Works Director; Derek Schweigart, Parks and Recreation Director; Diane Pitman, Administrative Services Director; Waqas Hassan, Assistant Finance Director; Rob Lasky, IT Manager; William Sandri, Police Captain; Robert Marshall, Deputy Fire Chief; Carisa Workman, Fire Marshal; Vanessa Brannon, Senior Management Analyst; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk
PUBLIC
Evan Adams addressed the City Council via email regarding social media and active shooter design elements for the Recreation Center Rebuild Project.

6.1 6.1 Minutes

11 Deputy Fire Chief Robert Marshall addressed the City Council in person and introduced new Fire Marshal Carisa Workman with the San Mateo Consolidated Fire Department.

CONSENT CALENDAR
Motion by Councilmember/Director Kiesel, seconded by Councilmember/Director Froomin, and carried unanimously by roll call vote, 5-0-0, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. City/EMID Special Meeting Minutes of February 26, 2024;

2. City/EMID Regular Meeting Minutes of March 18, 2024;

3. City and Planning Commission Joint Special Meeting Minutes of March 20, 2024;

4. City Ordinance No. 676, “An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Change the Zoning Designation at Beach Park Elementary School (APN 094-473-030) From C-1/PD Neighborhood Business/Planned Development District to PF Public Facilities District and Finding the Amendment Within the Scope of the Environmental Impact Report Prepared for the New Elementary School in Foster City Project and Certified by the San Mateo-Foster City School District – RZ2024-0002 (First Reading March 20, 2024);”

5. City Ordinance No. 677, “An Ordinance of the City of Foster City Adopting Various Text Amendments to Title 17, Zoning, of the Foster City Municipal Code Including Amendments to Chapter 17.04 Definitions, Chapter 17.32 Public Facilities District, Chapter 17.55 Replacement Units, Chapter 17.62 Off-Street Parking Regulations, Chapter 17.68 General Performance Standards, Chapter 17.78 Accessory Dwelling Units, Chapter 17.82 Emergency Shelters, Low Barrier Navigation Centers, and Supportive Housing, and Chapter 17.84 Reasonable Accommodation to Implement the Housing Element 2023-2031 and Comply With Recent Changes in State Law and Finding the Amendments Within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update (SCH 2022010509) – RZ2024- 0001 (First Reading March 20, 2024);”

6. City Resolution No. 2024-18, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Neumeric Technologies Corporation, a California Corporation for Calopps.org Drupal Upgrade in an Amount not to Exceed $216,530;”

7. City Resolution No. 2024-19, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Avero LLC for the Preparation of an IT Strategic Plan in an Amount Not to Exceed $59,617;”

8. City Resolution No. 2024-20, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Three (3) Four-Year Agreements with Utility Telecom for Internet Services at Three (3) City Facilities in an Amount Not to Exceed $225,000;”

9. City Resolution No. 2024-21, “A Resolution of the City Council of the City of Foster City Approving Budget Appropriation of $58,328 from the City CIP Fund Balance (Fund 301) to the Recreation Center Rebuild Project (CIP 301-678) for Building

6.1 6.1 Minutes

12 and Fire Plan Check Services; and Contract Amendment No. 1 to the Existing Agreement with West Coast Code Consultants, Inc. in the Amount of $49,900 for Building Plan Check Services for the Recreation Center Rebuild Project (CIP 310- 678), and Find the Request Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3);” and

10.City Resolution No. 2024-22, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a Five-Year Agreement With Axon Enterprise, Inc. In an Amount Not-To-Exceed $460,468.53 for the Purchase of New Body-Worn Cameras, Taser Devices, Software, Licenses and Technical Support Services.”

ITEMS REMOVED FROM CONSENT CALENDAR

PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL FOR BIDS FOR THE

EDGEWATER PARK SOFTBALL AND SOCCER SYNTHETIC RESURFACING (CIP 301-712) AND FINDING THAT THE PROJECT IS CATEGORICALLY EXEMPT

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15061(B)(3) AND 15301(C) – EXISTING FACILITIES. CITY RESOLUTION NO. 2024-23.

Without objection from the City Council, Mayor Sullivan removed this item from the Consent Calendar at the request of Evan Adams.

Evan Adams addressed the City Council via teleconference.

Discussion ensued.

Motion by Vice Mayor Jimenez, seconded by Councilmember Froomin, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2024-23, “A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for the Edgewater Park Softball and Soccer Synthetic Resurfacing (CIP 301-712) and Finding that the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Section 15061(B)(3) and 15301(c) – Existing Facilities.”
REJECTION OF ALL BIDS RECEIVED ON MARCH 14, 2024, FOR THE RECREATION

CENTER REBUILD PROJECT AND APPROVING PLANS AND SPECIFICATIONS AND

AUTHORIZING THE CALL FOR BIDS FOR THE SECOND TIME FOR THE LEASE AND INSTALLATION OF (3) MODULAR BUILDINGS AND ONE RESTROOM TRAILER AT

OR NEAR THE TENNIS COURTS AT LEO J RYAN PARK AS PART OF THE RECREATION CENTER REBUILD PROJECT (CIP 301-678) (CEQA STATUS:

ADOPTED MITIGATED NEGATIVE DECLARATION FOR THE RECREATION CENTER REBUILD PROJECT). CITY RESOLUTION NO. 2024-24.

Without objection from the City Council, Mayor Sullivan removed this item from the Consent Calendar at the request of Evan Adams.

6.1 6.1 Minutes

13 Evan Adams addressed the City Council via teleconference.

Discussion ensued.

Motion by Mayor Sullivan, seconded by Councilmember Hindi, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2024-24, “A Resolution of the City Council of the City of Foster City Approving the Rejection of All Bids Received on March 14, 2024, for the Recreation Center Rebuild Project and Approving Plans and Specifications and Authorizing the Call for Bids for the Second Time for the Lease and Installation of (3) Modular Buildings and One Restroom Trailer at or Near the Tennis Courts at Leo J Ryan Park as Part of the Recreation Center Rebuild Project (CIP 301- 678) (CEQA Status: Adopted Mitigated Negative Declaration for the Recreation Center Rebuild Project).”

REPORTS
FOSTER CITY DRAFT CLIMATE ACTION PLAN UPDATE. MINUTE ORDER NO. 1970.

Senior Management Analyst Brannon presented the staff report.

Pablo addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Kiesel, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1970, to receive and accept the report on the Foster City Draft Climate Action Plan Update, and provide policy direction to:

1. Engage in a partnership with PG&E to reduce greenhouse gas emissions to target levels; and

2. Amend Sector E-W.2 of the Draft Climate Action Plan to include an additional target for existing commercial and residential buildings to reduce greenhouse gas emissions by 29,308 MTCO2e by 2030.

IMPLEMENTATION OF A BANNER PROGRAM. MINUTE ORDER NO. 1971.

Public Works Director Brozyna and Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried by roll call vote, 5-0-0, adopting Minute Order No. 1971, to receive and accept the report on the Implementation of a Banner Program and provide policy direction to delay the implementation of the Banner Program until after the Recreation Center Rebuild Project has been completed.

6.1 6.1 Minutes

14 2024 STATE LEGISLATIVE UPDATE. MINUTE ORDER NO. 1972.

Dane Hutchings, representing Renne Public Policy Group (RPPG) presented the staff report.

Pablo addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Froomin, seconded by Councilmember Kiesel, and carried by roll call vote, 5-0-0, adopting Minute Order No. 1972, to receive and accept the report on the 2024 State Legislative Update.

COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

City/District Warrants of Demands were Processed and Issued on March 5, 2024, and March 14, 2024, and ACH were processed on March 5, 2024.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
Councilmember/Director Hindi reported on a decision by the Tuolumne County Superior Court that ruled in favor of the State Water Resources Control Board to adopt the Bay- Delta Updated Plan which will reduce the water supply coming from the Tuolumne River into the Hetch Hetchy Water System, which provides 100% of the water used in Foster City.

Vice Mayor/Vice President Jimenez reminded everyone to be aware of children riding their bikes during the day, as many students are now on spring break. She encouraged the public to attend the Youth Advisory Committee Annual Spaghetti Feed on April 18.

Mayor/President Sullivan stated he had a meeting with Chamber of Commerce Executive Director Crystal Conway on March 25. On March 28, he attended the City/County Association of Governments (C/CAG) Airport Land Use Committee meeting and Bicycle Pedestrian Committee meeting.

CLOSED SESSION
Mayor/President Sullivan recessed the meeting into Closed Session for:

1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Stefan Chatwin, Marlene Subhashini, Diane Pitman, and Austris Rungis
Employee Organizations: AFSCME

6.1 6.1 Minutes

15 2. Conference with Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (1) of subdivision (e) of Section 54956.9: (One potential case)

3. Report Out from Closed Session
Meeting recessed into Closed Session at 8:45 p.m. and reconvened at 9:36 p.m.

City Attorney/District Legal Counsel Stock reported that no action was taken in Closed Session.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Sullivan adjourned the meeting. Meeting adjourned at 9:36 p.m.

6.1 6.1 Minutes

16 DATE: April 15, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Tracy Avelar, Police Chief
DEPARTMENT: Police
SUBJECT: AB 481 MILITARY EQUIPMENT USE ANNUAL REPORT FOR 2023

RECOMMENDATION
It is recommended that the City Council receive and review the Foster City Police Department’s 2023 Military Equipment Use Annual Report (Attachment 2) and adopt a resolution renewing Ordinance No. 647 regarding Police Department acquisition and use of military equipment pursuant to Assembly Bill 481 and Government Code Section 7070 et seq. and approving the Military Equipment Use Policy (“Policy 709”).

EXECUTIVE SUMMARY
California Assembly Bill 481 (AB 481) and the California Government Code requires a law enforcement agency that receives approval for a military equipment use policy pursuant to Gov. Code Section 7071 to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

In addition, Government Code section 7071(e)(1) requires that the legislative body review the ordinance that adopted Policy 709 and vote on whether to renew it annually.

BACKGROUND

6.2 6.2 Staff Report

17 On September 30, 2021, AB 481 was signed into law. Subsequently, Cal. Gov. Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481. The text of AB 481 and the above-mentioned Cal. Gov. Codes are attached to this Staff Report for reference.

AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. On April 18, 2022, the City Council reviewed and voted to approve the Military Equipment Use Policy (Policy 709) by Ordinance. A second reading was held on May 2, 2022, and Ordinance No. 647 was adopted. AB 481 also requires the governing body to annually review the ordinance and to either approve or disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on a Military Equipment Annual Report prepared by the law enforcement agency, that the military equipment does not comply with the above-described standards for approval.

Cal. Gov. Code Section 7070 provides a list of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. While the Foster City Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use, it does possess some types of equipment that are listed in Gov. Code Section 7070. Additionally, the Foster City Police Department participates in a regional Special Weapons and Tactics (SWAT) team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to the Government Code.

ANALYSIS
Cal. Gov. Code Section 7070(d) defines a Military Equipment Use Policy as:
“’Military equipment use policy’ means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

6.2 6.2 Staff Report

18 3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

Cal. Gov. Code Section 7071(b) requires that the Police Department post to its website the Military Equipment Use Policy that it plans to propose to the City Council at least 30 days prior to any public hearing concerning the policy. The Police Department complied with this requirement by posting the policy being proposed tonight, to its public website, on March 20, 2024.

Cal. Government Code Section 7071(d) stipulates that the City Council shall only approve the Military Equipment Use Policy if it determines all of the following:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Cal. Gov. Code Section 7070(e) establishes that the Police Department is responsible for delivering to the City Council an Annual Military Equipment Report, which the City

6.2 6.2 Staff Report

19 Council can utilize to confirm compliance with the Military Equipment Use Policy and the accompanying Military Equipment Use Ordinance.

The Foster City Police Department has not obtained any equipment from military surplus programs, known as 1033 Programs, it does not possess any tactical equipment that it has obtained from the military, and it does not possess any equipment that was designed for military use.

That said, Cal. Gov. Code Section 7070 provides a list of sixteen (16) types of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated Government Codes, and the Police Department does possess and use some of these listed types of equipment. Of the sixteen (16) types of equipment specified, the Police Department possesses only three (3) types. The list of the sixteen (16) types of Military Equipment per Cal. Gov. Code Section 7070 is included below. Equipment types that the Police Department possesses are noted in bold type.

1. Unmanned, remotely piloted, powered aerial or ground vehicles. a. The Police Department possesses three (3) unmanned, remotely piloted aircrafts (drones). UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. a. The Police Department possesses a Mobile Command Vehicle (MCV). This vehicle is not armored or weaponized in any way and is used to facilitate unified command during critical and planned incidents. This equipment is necessary because there is no

6.2 6.2 Staff Report

20 reasonable alternative that can achieve the same objective of officer and civilian safety.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10.Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. a.The Police Department possesses 18 semi-automatic rifles. 14 of these rifles are standard-issue duty weapons that are for all Peace Officers, which actually exempts them from this policy per California Government Code Section 7070(c)(10). We have nonetheless included them in this policy in the interests of full transparency. The remaining bolt action rifle was issued to our SWAT Sniper. Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: Situations where the officer reasonably anticipates an armed encounter; When an officer is faced with a situation that may require accurate and effective fire at long range; Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower; When an officer
reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage; When an officer reasonably believes that a suspect may be wearing body armor; When authorized or requested by a supervisor. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

11.Any firearm or firearm accessory that is designed to launch explosive projectiles.

12."Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13.Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

6.2 6.2 Staff Report

21 14.The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
a.The Police Department possesses twelve (12) 40mm less lethal projectile launchers. The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

15.Any other equipment as determined by a governing body or a state agency to require additional oversight.

16.Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Additionally, the Foster City Police Department participates in a regional SWAT team (NCR SWAT), which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to Cal. Gov. Code Section 7070. While the equipment possessed by NCR SWAT is not purchased, owned, or maintained by the Police Department, it could be used in the City of Foster City if NCR SWAT is deployed, and is therefore included in the proposed Military Equipment Use Policy. It is important to note that NCR SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high-risk search and arrest warrants. The equipment NCR SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.

The list of the sixteen (16) types of Military Equipment per Cal. Gov. Code Section 7070 is included below. Equipment types that the NCR SWAT Team possesses are noted in bold type.

1.Unmanned, remotely piloted, powered aerial or ground vehicles.

2.Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5.Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7.Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt

6.2 6.2 Staff Report

22 cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12."Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13.Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14.The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15.Any other equipment as determined by a governing body or a state agency to require additional oversight.

16.Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

The Military Equipment Use Annual Report being presented by staff includes detailed information for each type of Military Equipment listed, as required by Cal. Gov. Code Section 7070. This information includes the equipment’s capabilities, its purpose/authorized uses, the legal/procedural rules governing its use, and the training required of staff prior to its use.

During the 2023 calendar year, no complaints related to military equipment were received by the Police Department. There were no violations of department policy related to the deployment of military equipment by department personnel. In the current 2024 calendar year, the Police Department intends to replace all 12 of its 40mm less lethal launchers including necessary munitions with similar updated versions. Currently, the Police Department’s less lethal launchers are over 23 years old and have been fully funded through the Equipment Replacement Fund since Fiscal Year 2023. Upon receipt of the new less lethal launchers, the Military Equipment Use Policy will be updated to reflect those items in the inventory. The less lethal launchers being replaced will be disposed of upon receipt of the new equipment.

Staff have drafted the attached 2023 Military Equipment Use Annual Report, as required by state law, for City Council’s review and acceptance.

6.2 6.2 Staff Report

23 As noted previously, Government Code section 7071(e)(1) requires that the City Council shall review any ordinance that it adopted approving the funding, acquisition, or use of military equipment at least annually, and vote on whether to renew the ordinance at a regular meeting. In considering whether to renew the Ordinance, the City Council shall determine based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval. If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval, the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

As detailed in the annual report, and above, the Department met the standards for use of the military equipment established in Policy 709. Although the Department did not deploy any such equipment, nor did NCR SWAT, continuing to have access to such equipment is vital to the Department in the event exigent circumstances occur. In such situations, there is sometimes need to deploy military equipment to promote safety and security of the community. The Department has exhibited its ability to judiciously utilize such equipment. As such, staff is recommending that the City Council vote to renew Ordinance No. 647.

California Environmental Quality Act
This item is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
There is no fiscal impact associated with this item.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity

ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Military Equipment Use Annual Report
Attachment 3 – Ordinance No. 647
Attachment 4 – Foster City Police Department Policy 709 Attachment 5 – Foster City Police Department Equipment List

6.2 6.2 Staff Report

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6 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY RENEWING ORDINANCE NO. 647 REGARDING POLICE DEPARTMENT ACQUISITION AND USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481 AND GOVERNMENT CODE SECTION 7070 ET SEQ. AND APPROVING THE MILITARY EQUIPMENT USE POLICY

CITY OF FOSTER CITY
WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain approval from their governing bodies of a military equipment use policy through the adoption of an ordinance; and
WHEREAS, AB 481 added California Government Code Sections 7070 et seq. to codify the requirements set forth in AB 481 including that the City Council of Foster City annually review its Military Equipment and Use policy; and WHEREAS, the Foster City Police Department currently has military equipment (as that term is defined in Government Code section 7070(c)) in its inventory; and WHEREAS, the Foster City Police Department works closely with other local, county, state and federal law enforcement agencies within San Mateo County on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and
WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members; and
WHEREAS, the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City is necessary to safeguard the public’s welfare, safety, civil rights and civil liberties and there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
WHEREAS, On April 18, 2022 and May 2, 2022, the Foster City City Council held a first and second reading, respectively, of Ordinance no 647 Regarding Police Department Acquisition and Use of Military Equipment Pursuant to Assembly Bill 481 And

6.2 Attachment 1 - Resolution

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6 Government Code Section 7070 Et Seq. and Approving The Military Equipment Use Policy; and
WHEREAS, Foster City Police Policy 709 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, has been posted on the Department’s website since its adoption and complies with all the requirements of AB 481, and will ensure ongoing regulation and compliance with the law going forward and will provide a means of community engagement and transparency regarding use of military equipment by the Department; and
WHEREAS, Government Code section 7072 requires, the Foster City Police Department to submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body, as well as make such report available on its website. And further that within 30 days of publicly releasing the annual report, the law enforcement agency shall hold a well-publicized and conveniently located community engagement meeting; and
WHEREAS, The Foster City Police Department did submit an annual report to the City Council and make it publicly available on its website on March 20, 2024. Further, the Foster City Police Department did publicize that the Department would present the annual report at the April 15, 2024 City Council Meeting where members of the community would be allowed to discuss and ask questions regarding the annual report; and WHEREAS, on April 15, 2024, the Foster City Police Department did present the annual report, where public comment, and comments from the City Council were made, and the annual report was discussed; and
WHEREAS, On April 15, 2024, the City Council reviewed Ordinance No. 647, Regarding Police Department Acquisition and Use of Military Equipment Pursuant to Assembly Bill 481 And Government Code Section 7070 Et Seq. Approving The Military Equipment Use Policy; and
WHEREAS, the City Council has accepted the annual report and desires to renew Ordinance No. 647 in compliance with AB 481.

NOW, THEREFORE, the City Council of the City of Foster City, California, DOES HEREBY RESOLVE as follows:

Section 1. The City Council of the City of Foster City finds and determines as follows:

6.2 Attachment 1 - Resolution

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6 A. The facts set forth in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance.

B. That based on the annual military equipment report submitted pursuant to Section 7072, that each type of military equipment identified in that report has complied with the standards for approval set forth in Government Code section 7071(d).

C. The City Council has reviewed Ordinance No. 647 Regarding Police Department Acquisition and Use of Military Equipment Pursuant to Assembly Bill 481 And Government Code Section 7070 et Seq. Approving The Military Equipment Use Policy, and wishes to renew that ordinance for an additional year, as the Council continues to find the following:
a. Authorizing the use of military equipment as set forth in Ordinance No. 647 and Foster City Police Policy 709 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of the military equipment as set forth in Foster City Police Policy 709 is part of the Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively. b. Ordinance no. 647 and Foster City Police Policy 709 will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the City of Foster City. c. The Foster City Police Department is not proposing to purchase any military equipment, as defined in AB 481, at this time.
d. Prior military equipment use, as defined by AB 481, by the Foster City Police Department complied with applicable policies in effect at the time of the use. e. Ordinance No. 647 and Foster City Police Policy 709 comply with the requirements of AB 481.

6.2 Attachment 1 - Resolution

27 2
0 0
6 Section 2. The City Council finds that renewal of Ordinance No. 647 and Foster City Police Policy 709 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

Section 3. The City Council further directs staff to continue its annual review procedure to review and provide for approval of any renewal of the military equipment use policy, in accordance with Government Code section 7072, to occur before May 1st of each subsequent year.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Resolution

28 Equipment Category Description Summary of how equipment was used and purpose of use Where equipment was
used
Possessed by
Summary of
complaints
received
Result of any internal
audits or violations of
military equipment use
policy Acquisition Costs Annual Costs
Funding source
for following
calendar year
QTY
possessed
of each
type of
equipment
If we intend to acquire
additional military
equipment in the next
year, the quantity sought
Outside
Agency FCPD
Unmanned Aircraft System (UAS)
Matrice 300 / Matrice M30 UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: (a) search and rescue; (b) suspect apprehension; (c) crime scene documentation; (d) tactical operations; (e) scene security; (f) hazard monitoring, (g) identification and mitigation; (h) response to emergency calls; (i) crisis communications; (j) legally authorized surveillance.

N/A

NCR SWAT
(outside agency)
None
We assess and monitor after any
deployment or use of equipment to
ensure the equipment is being utilized
in a manner which is consistent with
Department Policy and there were no
violations
N/A-Maintained and
operated by another
agency
N/A-Maintained
and operated by
another agency
N/A-Maintained and
operated by another
agency
2 SMPD Intends to acquire three
(3) additional UAS devices during
the next year
Mavik Enterprise N/A 3
Sky Hero Loki Mkll N/A 2
Robots
Transcend Robotics Robots were utilized to remotely gain visual/audio intelligence, deliver equipment, open doors, and clear buildings ahead of a search team, for official law enforcement purposes, including search and rescue; suspect apprehension; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; and legally authorized surveillance.

N/A

NCR SWAT
(outside agency)
None
2 N/A
iRobot packbot 510 N/A 1 N/A
Recon robotics recon scout N/A 1 N/A
Armored Vehicles
International Armor Group
Sentinel
The purpose of the armored vehicle is to provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents, and the equipment was used in this manner, for law enforcement purposes. N/A

NCR SWAT
(outside agency) None 1 N/A
Command and Control Vehicles
Braun Northwest Mobile
Command Vehicle
The equipment was utilized as a mobile command post during any incidents that required command and control beyond a static dispatch center and included official law enforcement purposes, pre-planned evens and training exercises.

N/A NCR SWAT
(outside agency)
None
1 N/A
Ford F53 Motorhome Command
Post N/A
FC Open House
Display 1 N/A
Rifles & Ammunition
Colt M4 Carbine LE 6921 EPR 14.5"
The purpose of equipment is to address a threat with more precision and/or greater distances than a handgun, if present and feasible, and this is the manner in which it was deployed, including training.

Training
FCPD
None
$ 1,200.00
Annual
maintenance is
$25.00/rifle.

Ammunition costs
are typically
$11,000/year
Field Operations
Budget 14 N/A
Colt M4 Carbine LE 6933 EPR 11.5"
Training $ 1,400.00
Field Operations
Budget 4 N/A
.308 Bolt Action Remington 700 win
Training
$ 1,000.00
Field Operations
Budget 1 N/A
SPEER GOLD DOT .223 CALIBER 62 GRAIN RIFLE
ROUND
Training $ 2,600.00
Field Operations
Budget 3190 N/A
FEDERAL AMERICAN EAGLE .223 CALIBER 55
GRAIN RIFLE ROUND Training $ 2,000.00
Field Operations
Budget 6100 N/A
Remington Disintegrator .223 CALIBER

FRANGIBLE RIFLE ROUND
Training $ 1,500.00
Field Operations
Budget 980 N/A
FEDERAL AMERICAN EAGLE 9MM LUGER Training $ 2,500.00
Field Operations
Budget 7750 N/A
FEDERAL TACTICAL HST 9MM LUGER Training $ 1,500.00
Field Operations
Budget 2450 N/A
Norma .308 168 grain Golden Target
Training $ 400.00
Field Operations
Budget 300 N/A
Hornady 308, 165 grain GMX Barrier Training $ 300.00
Field Operations
Budget 80 N/A
RUAG .308 STYX 167 grain Training $ 435.00
Field Operations
Budget 280 N/A
AR-15 semi-auto rifles and ammunition

N/A NCR SWAT
(outside agency)
Distraction Devices TD Multiport Plus Distraction Device Distraction devices were deployed to distract dangerous suspects to allow tactical teams to complete a dangerous mission or task. Distraction devices were only used during high- risk situations where their use would enhance officer safety; and during training exercises.

N/A
FCPD
None
$ 52.00
Varies, depending
on usage Field Operations
Budget
5 N/A
Defense Technology- Training safe smoke
grenade

N/A N/A
$ 32.00 0 2 N/A
Explosive Breaching Tools
Detonating Cord
The purpose of the equipment is to safely create a positive breach and enter structures for official law enforcement purposes and in accordance with State and Federal Law; and during training exercises. This equipment was not used last year.

N/A

NCR SWAT
(outside agency)
None
N/A-Maintained and
operated by another
agency
N/A-Maintained
and operated by
another agency
N/A-Maintained and
operated by another
agency
0 feet N/A
Blasting Cap N/A 0 N/A
Remington 870 Breaching Shotgun
N/A 5 N/A
Defense Technology- Frangible Breaching
Round
N/A 50 N/A
Chemical Agents
CTS 7290M
The purpose of the equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable such as self-destructive, dangerous, and/or combative individuals; barricaded suspects; riot/crowd control and civil unrest incidents; and training exercises.

N/A

NCR SWAT
(outside agency)
None
N/A-Maintained and
operated by another
agency
N/A-Maintained
and operated by
another agency
N/A-Maintained and
operated by another
agency
N/A
CTS 5230
N/A
N/A
CTS 6330 and 6340
N/A
N/A
CTS 5230B

N/A N/A
CTS 8210
N/A
N/A
Long Range Acoustical Device Long Range Acoustical Device (LRAD) The purpose of the equipment is to issue dispersal orders during crowd and riot control situations or to address the public in civil emergencies, natural disasters, evacuations, and police incidents. In the last year this was deployed to give direction during high-risk situations.

N/A NCR SWAT
(outside agency)
None
N/A-Maintained and
operated by another
agency
N/A-Maintained
and operated by
another agency
N/A-Maintained and
operated by another
agency
1 N/A
CTS Launching cup
Combined Systems LC5 40MM Launching
Cup
The purpose of the equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable such as self-destructive, dangerous, and/or combative individuals; barricaded suspects; riot/crowd control and civil unrest incidents; and training exercises. This equipment was not used last year

N/A NCR SWAT
(outside agency)
None
N/A-Maintained and
operated by another
agency
N/A-Maintained
and operated by
another agency
N/A-Maintained and
operated by another
agency
N/A
40mm Launchers and Rounds
Defense Technologies 40MM Launcher The purpose of the equipment is to limit the escalation of conflict where employment of lethal force is prohibited or undesirable such as self-destructive, dangerous, and/or combative individuals; barricaded suspects; riot/crowd control and civil unrest incidents; and training exercises. This equipment was not used last year Training
FCPD
None
$ 1,000.00 0
Field Operations
Budget 12 N/A
Direct Impact 40MM Reloadable Training
Sponge Round
Training
$ 1,102.00
Varies, depending
on usage
Field Operations
Budget 254 N/A
Combined Systems 40MM Sponge, smokeless,
spin stabilized
N/A
$ 924.00 0
Field Operations
Budget 44 N/A

6.2 Attachment 2 - Military Equipment Use Annual Report

29 ORDINANCE NO. 647

AN ORDINANCE OF THE CITY OF FOSTER CITY REGARDING POLICE

DEPARTMENT ACQUISITION AND USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481 AND GOVERNMENT CODE SECTION 7070 ET SEQ. AND

APPROVING THE MILITARY EQUIPMENT USE POLICY

CITY OF FOSTER CITY

The City Council of the City of Foster City does ordain as follows:

WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain approval from their governing bodies of a military equipment use policy through the adoption of an ordinance; and

WHEREAS, AB 481 added California Government Code Sections 7070, 7071, and 7072 to codify the requirements set forth in AB 481 includin g that the City Council of Foster City approve a Military Equipment and Use policy by Ordinance;

WHEREAS, pursuant to Government Code Section 7071(a)(1), requires that an ordinance must be timely adopted before a law enforcement agency may acquire or use new or existing military equipment and engage in other specified activities; and

WHEREAS, the Foster City Police Department currently has military equipment (as that term is defined in Government Code section 7070(c)) in its inventory; and

WHEREAS, the Foster City Police Department works closely with other local, county, state and federal law enforcement agencies within San Mateo County on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and

WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members; and

WHEREAS, the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City is necessary to safeguard the public’s welfare, safety, civil rights and c ivil liberties and there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
DocuSign Envelope ID: 152901D7-7F7E-410C-8BC2-4BD936F62DBA

6.2 Attachment 3 - Ordinance No. 647

30 City Ordinance No. 647
WHEREAS, Foster City Police Policy 709 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, has been posted on the Department’s website for at least thirty (30) days, complies with all the requirements of AB 481, will ensure ongoing regulation and compliance with the law going forward and will provide a means of community engag ement and transparency regarding use of military equipment by the Department; and

WHEREAS, public notice has been provided in accordance with applicable law;
and

WHEREAS, the City Council desires to approve a military use policy in compliance with AB 481.

NOW, THEREFORE, the City Council of the City of Foster City, California, DOES HEREBY ORDAIN as follows:

SECTION 1. The City Council of the City of Foster City finds and determines as follows:

A. The facts set forth in the recitals are true and correct and incorporated herein by this reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this ordinance.

B. Authorizing the use of military equipment as set forth in this ordinance and Foster City Police Policy 709 is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The acquisition and use of the military equipment as set forth in Foster City Police Policy 709 is part of the Police Department’s overall approach to Critical Incident Management, Use of Force, De-Escalation and public safety. The equipment will enable department members to properly respond to both planned and unplanned events efficiently and effectively.

C. This ordinance and Foster City Police Policy 709 will safeguard the public’s welfare, safety, civil rights, and civil liberties by ensuring required reporting out, the opportunity for community engagement and feedback, and transparency and oversight regarding the acquisition and use of the specified military equipment in the City of Foster City.

D. The Foster City Pol ice Department is not proposing to purchase any military equipment, as defined in AB 481, at this time.

E. Prior military equipment use, as defined by AB 481, by the Foster City Police DocuSign Envelope ID: 152901D7-7F7E-410C-8BC2-4BD936F62DBA

6.2 Attachment 3 - Ordinance No. 647

31 City Ordinance No. 647
Department complied with applicable policies in effect at the time of the use.

F. This ordinance and Foster City Police Policy 709 comply with the requirements of AB 481.

Section 2. The City Council finds that this ordinance and Foster City Police Policy 709 are exempt from the provisions of the California Environmental Quality Act (“CEQA”) because they will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

Section 3. Approval of Military Equipment Policy. The City Council adopts the 2022-2023 Military Equipment Use Policy, as set forth in Exhibit A. The City Council further directs staff to establish an annual review procedure to review and provide for approval of any renewal of the military equipment use policy, in accordance with Government Code section 7072, to occur before May 1st of each subsequent year.

Section 4 . Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of thi s ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 5. Effective Date. This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Foster City shall cause this ordinance to be published pursuant to the provisions of Government Code Section 36933.

DocuSign Envelope ID: 152901D7-7F7E-410C-8BC2-4BD936F62DBA

6.2 Attachment 3 - Ordinance No. 647

32 City Ordinance No. 647
This Ordinance was introduced and read on the 16th day of April, 2022, and passed and adopted on the 2nd day of May 2022, by the following vote:

AYES: Councilmembers Froomin, Gehani, Hindi, Sullivan, and Mayor Awasthi NOES: None

ABSENT: None

ABSTAIN: None

____________________________________

RICHA AWASTHI, MAYOR

ATTEST:

______________________________

PRISCILLA SCHAUS, CITY CLERK

DocuSign Envelope ID: 152901D7-7F7E-410C-8BC2-4BD936F62DBA

6.2 Attachment 3 - Ordinance No. 647

33 Policy
709
Foster City Police Department
Foster City PD Policy Manual
Copyright Lexipol, LLC 2024/04/04, All Rights Reserved.

Published with permission by Foster City Police Department Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
California Government Code section 7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.

California Government Code §7070(c) provides a list of equipment types that are considered to be "military equipment" for purposes of this policy requirement, and this Military Equipment Use Policy includes information for any such equipment types that are possessed by the Foster City Police Department, or reasonably likely to be deployed in Foster City by its law enforcement partners. 709.1.1 DEFINITIONS
• California Government Code section 7070(d) defines a Military Equipment Use Policy as a publicly released written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

6.2 Attachment 4 - Foster City Police Department Policy 709

34 Foster City Police Department
Foster City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/04, All Rights Reserved.

Published with permission by Foster City Police Department Military Equipment - 2
California Government Code § 7070(c) defines Military Equipment as any of the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all- terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

6.2 Attachment 4 - Foster City Police Department Policy 709

35 Foster City Police Department
Foster City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/04, All Rights Reserved.

Published with permission by Foster City Police Department Military Equipment - 3

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
709.2 POLICY
It is the policy of the Foster City Police Department that members of this department comply with the provisions of California Government Code § 7071 with respect to military equipment. 709.3 ANNUAL MILITARY EQUIPMENT REPORT
Pursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072, the Foster City Police Department will submit to the Foster City City Council an Annual Military Equipment Report and will make that report publicly available on its internet website. The Annual Military Equipment Report required by this section will remain publicly available on the City's internet website for as long as the military equipment is available for use.

In addition, within 30 days of submitting and publicly releasing an Annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting. The Annual Military Equipment Report will include the following information for the immediately preceding calendar year for each type of military equipment:
(a) A summary of how the military equipment was used and the purpose of its use. (b) A summary of any complaints or concerns received concerning the military equipment. (c) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (d) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (e) The quantity possessed for each type of military equipment. (f) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Foster City City Council will use the Annual Military Equipment Report as a mechanism to ensure the Foster City Police Department's compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.
709.4 COLLABORATION OR COORDINATION WITH OTHER AGENCIES Law enforcement agencies responding to a call for mutual aid or who participate in collaboration with Foster City Police Department within the City of Foster City shall adhere to their own policies on the use of military equipment.

6.2 Attachment 4 - Foster City Police Department Policy 709

36 Foster City Police Department
Foster City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/04, All Rights Reserved.

Published with permission by Foster City Police Department Military Equipment - 4
709.5 POLICY COMPLIANCE
Government Code section 7070 requires that this policy specify the mechanisms to be used by the Department to ensure compliance with this policy. Complaints regarding violations of this policy are subject to investigation and discipline in accordance with Policy 1020, and other policies of the Department related to officer discipline. Complaints, questions, or other inquiries can be made as described below in the Public Involvement section. Further, The Chief will designate a Military Equipment Coordinator, whose responsibilities are described herein, which will include assisting with ensuring compliance with this policy.
709.6 PUBLIC INVOLVEMENT
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to: 650-286-3300
(c) Via mail sent to: Foster City Police Department Attn: Military Equipment Coordinator 1030 E. Hillsdale Blvd. Foster City Ca 94404
The Foster City Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner. 709.7 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Foster City Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
(a) Publicizing the details of the meeting.
(b) Preparing for public questions regarding the department's funding, acquisition, and use of equipment.

6.2 Attachment 4 - Foster City Police Department Policy 709

37 Foster City Police Department
Foster City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2024/04/04, All Rights Reserved.

Published with permission by Foster City Police Department Military Equipment - 5
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.8 MILITARY EQUIPMENT INVENTORY
Pursuant to Government Code section 7070(d), the below provides a description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. This section will include the purposes and authorized uses, the fiscal impact, the legal and procedural rules that govern the use, and the training required, for each type of military equipment.This section of the Military Equipment Use Policy is divided into two sections.

Section One lists qualifying equipment that is owned and/or utilized by the Foster City Police Department.

Section Two lists qualifying equipment not previously listed in this policy, that is not owned or regularly utilized by the Foster City Police Department, but which is known to be owned and/ or utilized by the North Central Regional SWAT (NCR SWAT) Team, for which the Foster City Police Department is a participating agency. While the equipment in Section Two is not purchased, owned, or maintained by the Foster City Police Department, it could be used in the City of Foster City if NCR SWAT is deployed, and is therefore included in this Military Equipment Use Policy. It is important to note that NCR SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high risk search and arrest warrants. The equipment NCR SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.

6.2 Attachment 4 - Foster City Police Department Policy 709

38 Section One: Qualifying Equipment Owned/Utilized by the Foster City Police Department

Equipment Name: 5.56 mm Semiautomatic Rifles and ammo - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 18 owned
(14- 14.5” / 4 -11.5”)
Lifespan: 15 years
Equipment Capabilities: The Colt AR15 semiautomatic rifle is capable of firing 5.56 mm projectile bullet.

Manufacturer Product Description:

Colt Carbine LE 6921 EPR Series (14). 14.5”

Throughout the world today, Colt's reliability, performance, and accuracy provide our Armed Forces the confidence required to accomplish any mission. Colt's LE6921 EPR series shares many features of its combat-proven brother, the Colt M4.

(Description source: https://www.colt.com/detail-page/enh-patrol-rif-556mm-16-301) Colt M4 Carbine LE 6933 EPR (4). 11.5”
Built for the demanding use of those who protect our communities every day, the Colt Enhanced Patrol Rifle (EPR) is the next evolution in the world's most dependable, thoroughly field-tested patrol rifle.

Featuring an extended handguard that accepts modular rail segments for mounting a wide variety of pro-grade optics, lighting, and ergonomics-enhancing accessories, as well as the highly durable Magpul MBUS Pro Series front and rear back up sights and B5 Bravo buttstock. The Colt EPR reestablishes the Colt AR-15 as the finest tool for local, regional, and national law enforcement agencies.

The Colt AR15 semiautomatic rifle is capable of firing 5.56mm projectile bullet.

i. SPEER GOLD DOT .223 CALIBER 62 GRAIN RIFLE ROUND, cost: $260 per case of 500, quantity: 3190 rounds. Remington ammunition made by Speer is reloadable, features nickel- plated brass cases and Boxer primers, and this is a non-corrosive round. The Gold Dot LE ammunition goes through a process of joining the jacket and core one molecule at a time, thanks to this, Speer eradicates the potential for the leading cause of bullet failure (jacket/core separation). This process will guarantee extraordinary weight retention through barriers as strong as auto-glass. In addition to its remarkable strength, Gold Dot rifle ammunition asserts remarkable accuracy. With exact tolerances and unparalleled bullet uniformity of jacket thickness.

ii. FEDERAL AMERICAN EAGLE AMMUNITION .223 55 GRAIN FULL METAL JACKET, cost: $192.26 per case of 500, quantity: 6100 rounds. Federal American Eagle Ammunition is designed specifically for target shooting, training and practice. This ammo is loaded to the same specifications as Federal's Premium loads, but at a more practical price for economical practicing. This ammunition is new production in reloadable brass cases.

iii. FEDERAL 9MM AMERICAN EAGLE 147 GRAIN FMJ TRAINING AMMUNITION, cost:
$218.93 per case of 500, quantity: 7750 rounds. Whether you’re looking for contemporary calibers or a couple of classics, our American Eagle line has what you’re looking for. Loaded with clean-burning powders, Federal grade primers and brass, and a choice of bullet styles, shooters know they get quality and affordability with American Eagle. Hit your target and train harder with the proven line of American Eagle® handgun ammunition. It provides

6.2 Attachment 5 - Foster City Police Department Equipment list

39 performance similar to self-defense and competition loads for a familiar feel and realistic practice.

iv. FEDERAL TACTICAL HST 9MM LUGER DUTY AMMUNITION. Quantity 2450 rounds, Cost: $1,500.00: Effective self-defense requires ammunition that provides consistent expansion, optimum penetration and superior terminal performance. And HST® delivers.

That’s why it’s already the duty load of choice for law enforcement officers throughout the world. Its specially designed hollow point won't plug while passing through a variety of barriers, and the bullet jacket and core hold together to provide nearly 100 percent weight retention through even the toughest materials.

v. REMINGTON DISINTEGRATOR .223 CALIBER FRANGIBLE RIFLE ROUND. Quantity 980 rounds, Cost: $1,600.00: Disintegrator Jacketed frangible ammo is a totally lead-free and heavy-metal-free, frangible training load for realistic, safe and cost-effective training and qualification programs. Bullet construction is a high strength metal particle core sealed in a jacket that instantly breaks up when impacting steel targets or backstops, leaving harmless metal particles and small pieces of thin jacket.

Purpose/Authorized Uses:

Members may deploy the patrol rifle in any circumstance where the member can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: (a) situations where the member reasonably anticipates an armed encounter, (b) when a member is faced with a situation that may require accurate and effective fire at long range, (c) situations where a member reasonably expects the need to meet or exceed a suspect's firepower, (d) when a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage, (e) when a member reasonably believes that a suspect may be wearing body armor, (f) when authorized or requested by a supervisor, and (g) when needed to euthanize an animal.

Fiscal Impacts: The initial cost of equipment was approximately $23,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Foster City Police Department Policies on Use of Force and Firearms.

Training Required: Officers must successfully complete a CA POST certified 16-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.

Other Notes:

Equipment Name: .308 Bolt Action Rifle – Remington 700 win and ammo Quantity Owned/Sought: 1 owned Lifespan:Barrel life rated for approximately 5,000 rounds.

Equipment Capabilities: A bolt-action shoulder-fired rifle with precision optics that fires a .308 Winchester cartridge.

Manufacturer Product Description:

It's the number one bolt-action of all time, proudly made in the U.S.A. For over 50 years, more Model 700s have been sold than any other bolt-action rifle before or since. The legendary strength of its 3- rings-of-steel receiver paired with a hammer-forged barrel, combine to yield the most popular bolt- action rifle in history.

Top choice of elite military snipers, the Model 700 is unequalled in tactical precision. Whether defending freedom or pursuing big game, its out-of-the-box accuracy is unmatched. (Description source: https://www.remarms.com/rifles/bolt-action/model-700/) The Remington 700 Bolt Action Rifle is capable of firing a .308 projectile bullet.

6.2 Attachment 5 - Foster City Police Department Equipment list

40 i. Hornady 308, 165 grain GMX Barrier, quantity 80 rounds, cost $400: Hornady TAP® Barrier™ .308 Win 20/BOX GMX TAP 165gr TAP® Barrier™ turns cover into concealment.

Unique tactical situations demand ammunition with unique qualities — and Hornady® 308 WIN TAP® Barrier™ ammunition is one of the most specialized cartridges ever developed.

The 165 gr. 308 Win TAP® Barrier™ round penetrates auto glass, sheet metal and any other conventional barriers while still delivering superior terminal performance on the opposite side. It features a tough bonded core and jacket that allows it to reliably penetrate barriers while delivering devastating stopping power with virtually no fragmentation

ii. RUAG .308 STYX 167 grain SWS P 200 Hornady 308, quantity 280 rounds, cost $435.00: The hyper expanding hollow point bullet immediately deposits its energy within a very short distance providing excellent stopping power on soft targets and is direction stable. The sophisticated bullet tip provides an absolutely reliable hyper expansion to approximately twice the original diameter. Tight production tolerances and small production batches ensure constant ballistic values and stringent quality controls guarantee identical trajectory from batch to batch. A wide range of special purpose bullets provide the desired terminal effect on hard and soft targets on every mission. All .308 Win. SWISS P rounds have an identical point of impact at 100 m which allows the shooter to instantly change the bullet type.

iii. Norma .308 168 grain Golden Target, quantity 300 rounds, cost $400.00: The purpose of the new military design was to make a more compact cartridge with a quicker cycle rate. It also has excellent accuracy potential and is favored by many target shooters. As the .308 Winchester fits into short bolt actions and delivers almost the same energy as the .30-06 with medium weight bullets it has become one of the most popular cartridges in the world.

Purpose/Authorized Uses:
308 bolt action Sniper rifles are to be used exclusively by officers assigned to the SWAT Sniper Team.

These rifles are typically deployed with the SWAT Sniper Team during high risk SWAT operations and special events or instances wherein Sniper Over Watch Teams are needed.

The use of this weapons system is also governed under Lexipol Policy 300 - Use of Force, and Lexipol Policy 312 – Firearms.

Fiscal Impacts: The initial cost of equipment was approximately $1,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use:

Training Required: SWAT Snipers must successfully complete a month long SWAT Academy and have at least two years’ experience on the SWAT Team prior to being eligible for Sniper selection.

SWAT Snipers must attend a 40 hour POST approved Basic Sniper School, and regularly train and qualify with various weapons systems including the .308 bolt action Sniper rifle to maintain proficiency.

Other Notes:

6.2 Attachment 5 - Foster City Police Department Equipment list

41 Equipment Name: Flashbang grenades, tear gas and pepper balls - CA Gov’t Code §7070(c)(12)
Quantity Owned/Sought: 6 Lifespan: Upon use
Equipment Capabilities: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.

Manufacturer Product Description:
i. ALS09NR (Flashbang) / TD Multiport Plus Distraction Device, cost $51.92 each, quantity 5: The Multi-Port™ II Distraction Device® Non-Reloadable is a new addition to the Defense Technology® product line. This device continues to provide the customer with the same historical performance as the Low Roll II™ Non-Reloadable Distraction Device but incorporates a round body and a water-resistant charge tube. • Single use, non-reloadable device • Delivers a sound and light output which are noticeable in day or night conditions • Produces 175 dB of sound output at 5 ft.
• Produces 6–8 million Candela light output
• Water-resistant charge tube for high humidity environments ii. DEFENSE TECHNLOGY- Safe-Smoke training white smoke grenade cost $31.65 each, quantity

2. Purpose/Authorized Uses:

Distraction devices are ideal for distracting dangerous suspects to allow tactical teams to complete a dangerous mission or task. Distraction devices shall only be used by officers trained in the proper use and deployment. Diversionary Devices shall only be used: (a) by officers who have been trained in their proper use, (b) in hostage and barricaded subject situations, (c) in high risk warrant (search/arrest) services where there may be extreme hazards to officers, (d) during other high-risk situations where their use would enhance officer safety, and € during training exercises.

Fiscal Impacts: Varies depending on use.

Legal/Procedural Rules Governing Use: It is the policy of the FCPD to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Training Required: Officers must attend training hosted by certified POST instructors which is followed by an annual refresher training.

Other Notes:

Equipment Name: 40mm Launchers and rounds
Quantity Owned/Sought: 12 Lifespan: 20 years
Equipment Capabilities: 40mm Launchers are utilized by department personnel as a less lethal tool to launch less lethal impact rounds. The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles.

Manufacturer Product Description:

Defense Technologies 40mm launcher, cost $1,000.00 ea. Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single and two point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

i. Direct Impact 40mm reloadable training Sponge Round – Model 6530 Defense Technology.

Approx. 254 rounds. 6530LE-50 40mm Reloadable Training Round provides the same point of impact accuracy as the 40mm munitions it simulates and is the most cost effective way to conduct training. Reloading the munitions takes seconds and one hex key. Product for use on inanimate targets.

6.2 Attachment 5 - Foster City Police Department Equipment list

42 ii. 40mm sponge, smokeless, spin stabilized/Combined Systems. Approx. 44 rounds. Sponge Baton is a spin-stabilized projectile delivering blunt trauma effect. Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

Purpose/Authorized Uses:

The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use may include, but are not limited to: (a) self-destructive, dangerous, and/or combative individuals; (b) barricaded suspects; and (c) training exercises.

Fiscal Impacts: The initial cost of this equipment was approximately $12,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Foster City Police Department Policies on Use of Force and Crowd Control.

Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.

Other Notes:

6.2 Attachment 5 - Foster City Police Department Equipment list

43 Section Two: Qualifying Equipment known to be owned and/or utilized by law enforcement units with which the Foster City Police Department collaborates and/or participates for law enforcement purposes

Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 7 (not owned by FCPD) Lifespan: All UAS equipment, 5-7 years.

Equipment Capabilities: Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.

Manufacturer Product Description:
i. Matrice 300/M30 cost $30,000, quantity 2: The DJI Matrice 300/30 is a powerful, industrial- grade fight platform with world-class agility and speed, two barometers, and redundant IMUs for maximum reliability, and new smart flight features that make capturing complex shots easy. The aircraft’s visual sensors enable enhanced hovering precision even when flying indoors or in environments where GNSS is unavailable. The drone’s new airframe design gives it an IP43 Ingress Protection Rating, in accordance with the global IEC 60529 standard.

The M210/M210 RTK’s mechanical design, along with quick release landing gears and mounted folding arms, makes it easy to transport, store, and prepare for flight.

ii. Mavik II Enterprise, cost $10,000.00, quantity 3: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems, and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12 megapixel photos that support up to 6x FHD zoom. DJI signature technologies such as Obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II Enterprise also has attachable modular accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.

iii. Sky Hero Loki MkII, quantity 2, cost $10,000.00 (for kit of 2): The Loki MkII is the most incredible indoor small tactical UAV system in the world, fully purpose built for close quarter, under roof, tactical scouting missions. Operating in congested and dark environment, its purpose is to place a microphone and a camera practically anywhere to collect critical life- saving intelligence of immediate threats ahead of a team. It enables reliable and rapid situational awareness for precise decision making, while maximizing the team’s safety.

Purpose/Authorized Uses:

UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: (a) search and rescue; (b) suspect apprehension; (c) crime scene documentation; (d) tactical operations; (e) scene security; (f) hazard monitoring, (g) identification and mitigation; (h) response to emergency calls; (i) crisis communications; (j) legally authorized surveillance.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use:

Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a

6.2 Attachment 5 - Foster City Police Department Equipment list

44 person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA certificate or authorization. For the ground vehicles agency-authored orientation course with annual refresher training.

Other Notes: The Foster City Police Department participates in the North Central Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through neighboring cities which could result in its deployment and/or use in the City.

Equipment Name: Robots
Quantity Owned/Sought: 4 (not owned by FCPD) Lifespan: All robots and associated equipment, 8-10 years.

Equipment Capabilities: Robots are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Manufacturer Product Description: This equipment is not owned by the Foster City Police Department. Transcend Robotics (Qty: 2), iRobot packbot 510 (Qty:1), and Recon robotics recon scout (Qty: 1).

Purpose/Authorized Uses:

To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use:

The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles.

Equipment Name: Armored Vehicles (Wheeled vehicles that have a breaching apparatus attached - CA Gov’t Code §7070(c)(3))
Quantity Owned/Sought: 1 (not owned by FCPD) Lifespan: 12-15 years depending on use Equipment Capabilities:

Capable of transporting personnel and equipment while providing them with armored protection from gunfire. Capable of breaching doors, gates, and other points of entry.

Manufacturer Product Description:

6.2 Attachment 5 - Foster City Police Department Equipment list

45 International Armor Group Sentinel, cost $0.00, quantity 1: The all new IAG Sentinel ARV is an armored rescue vehicle re-designed specifically for tactical response teams, with added interior space and overall functionality in the event of a rapid deployment. Standard vehicle armoring is available in NIJ III/CEN B6, .50 cal and NIJ IV/CEN B7 that is rated to withstand multiple impacts from armor piercing 7.62x51mm rifle ammunition. The armoring system on the Sentinel Armored Rescue Vehicle protects the entire cabin with blast protection underneath the vehicle. The engine bay and fuel tank are also armored to prevent the vehicle from being disabled from ballistic threats or shrapnel. High payload wheels and tire package features an integrated run-flat and bead lock system to prevent the tires from dismounting from the wheel, as well as enables the vehicle to continue operating in the event of tire punctures. The vehicle can be outfitted with a large variety of equipment such as hydraulic ram, gas insertion equipment, 360-degree surveillance system, thermal and night vision capability, LRAD, ATF approved storage and much more. The interior layout can be completely customized to suit the specific mission requirements/application and allows for loading of a standard medical stretcher in emergency rescue situations. The dual rear doors are designed to lock into place at both 45° and 90° while built-in steps provide access to the no-slip roof. The oversized rear step and platform ensure ease of entry and exit while also providing plenty of space for operators to utilize the outside of the vehicle for rapid deployment.

Purpose/Authorized Uses: To provide for the safe transport, security, and rescue of agency personnel and citizens in high-risk incidents. Any use of the armored rescue vehicle will be for official law enforcement purposes. Examples of uses include breaching doors, gates, and other points of entry.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Purchased on a grant
Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles. Breaching vehicles can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

Training Required: SMPD-authored orientation course; annual refresher. The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive this vehicle.

Equipment Name: Command and control vehicles
Quantity Owned/Sought: 2 (not owned by FCPD) Lifespan: 12-15 years depending on use Equipment Capabilities: The Mobile Command Vehicle (MCV) provides mobile, remote access to radio, internet, planning and other resources to assist with management of major incidents and planned operations.

Manufacturer Product Description:
i. Braun Northwest mobile command vehicle, cost $0.00, quantity 1: The MCV is built on a Ford F550 chassis and can be utilized for SWAT/CNT and other critical incidents, pre-planned large events, searching for missing persons, natural disasters, and community events. Effective, reliable communication is critical in an emergency or crisis situation. To meet this important need, Braun Northwest custom-builds are durable, functional command/communication units.

ii. Ford motor vehicle F53 motorhome command post, cost $100,000.00, quantity 1: The F53 command vehicle can be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. This vehicle

6.2 Attachment 5 - Foster City Police Department Equipment list

46 can also be used as a mobile office that provides shelter, access to the Police Department computer systems, and restroom facilities on extended events.

Purpose/Authorized Uses: To serve as a mobile command post during any incident that requires command and control beyond a static dispatch center. Any use of the MCV vehicle will be for official law enforcement purposes, pre-planned events, or training exercises.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Purchased on a grant.

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.

Training Required: SMPD: Users must complete an authored orientation course and an annual refresher.

Other Notes: The Foster City Police Department participates in the North Central Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department, which could result in its deployment and/or use in the City.

Equipment Name: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov’t Code §7070(c)(7). Explosive Breaching tools
Quantity Owned/Sought: Unknown (Not owned by
FCPD)
Lifespan: Unknown
Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry.

Tools that are used to conduct a positive breach using kinetic energy.

Manufacturer Product Description:

i. DETONATING CORD, cost: $1 per foot, quantity: 0 feet. The detonating cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a high-speed fuse which explodes, rather than burns, and is suitable for detonating high explosives.

ii. BLASTING CAP, cost: $12, quantity: 0. A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful, and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in a variety of types, including non-electric caps, electric caps, and fuse caps.

iii. REMINGTON 870 BREACHING SHOTGUN, cost: $500, quantity: 5. This weapon allows for breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges.

The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270- 290 feet per second (FPS).
iv. DEFENSE TECHNOLOGY FRANGILBE BREACHING ROUND, cost: $5 per round, quantity: 50. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.

Purpose/Authorized Uses: To safely create a positive breach and enter a structure. Kinetic and shotgun breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.

6.2 Attachment 5 - Foster City Police Department Equipment list

47 Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus.

Equipment Name: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13) Quantity Owned/Sought: 1 (Not owned by FCPD) Lifespan: Unknown Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path.

Manufacturer Product Description: Long Range Acoustical Device (LRAD), cost $0.00 (purchased on a grant), quantity 1: is a high intensity directional acoustical array for long range, crystal clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

Purpose/Authorized Uses: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone. The LRAD shall only be used by officers trained in its deployment and used in a manner consistent with department policy and training.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.

Equipment Name: Chemical Agents, CTS Launching CUP
Quantity Owned/Sought: Unknown (not owned by
FCPD)
Lifespan: 5 years from date of manufacture.

Equipment Capabilities: Canisters that contain OC and CS chemical agents that are released when deployed. Has the capability to launch an OC or CS cannister from a 12 gauge less lethal shotgun.

Manufacturer Product Description:
i. CTS 7290M, cost $35.00 each, quantity 20: The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candelas of light. The patented

6.2 Attachment 5 - Foster City Police Department Equipment list

48 design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.

ii. CTS 5230, cost $30.00 each, quantity 20: 5230 JL large diameter burning grenade designed to discharge a high volume of smoke and chemical agent rapidly through multiple emission ports.

The smoke composition is formulated to burn rapidly decreasing the possibility that the grenade can be picked up and thrown back at crowd management officers.

iii. CTS 6330 and 6340, cost $25.00 each, quantity 12: 6330 / 6340 A unique grenade delivering an invisible vapor and rendering an intense respiratory effect. Provides best results when used indoors and requires no personal decontamination.

iv. CTS 5230B, cost $35.00 each, quantity 10: 5230B Pyrotechnic grenade designed for indoor use delivering a maximum amount of irritant smoke throughout multiple rooms with minimal risk of fire.

v. CTS 8210, cost $25.00 each, quantity 10: 8210 Small diameter pyrotechnic irritant smoke grenade for outdoor use to disperse crowds. Emits smoke for up to 30 seconds and is small enough to carry in a pocket. Can be hand thrown or launched.

vi. COMBINED SYSTEMS LC5 40MM LAUNCHING CUP, cost: $302, quantity: 2. The LC5 Launching Cups are designed for the 5200 series grenades. The cups can be attached to virtually any 12gauge shotgun and the munition launched with our model 2600 launching cartridge.

Purpose/Authorized Uses:
a. To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use may include, but are not limited to: (a) self-destructive, dangerous, and/or combative individuals; (b) barricaded suspects; (c) riot/crowd control and civil unrest incidents; and (d) training exercises.

Fiscal Impacts: Unknown.

Legal/Procedural Rules Governing Use:

Individual agency policies permitting the use of chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.

Equipment Name: AR-15 Style Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 60 (not owned by FCPD) Lifespan: Approximately 15 years Equipment Capabilities: The AR15 style firearm can fire a .223, .556, .308 or .300 caliber projectile accurately at over 100 yards.

6.2 Attachment 5 - Foster City Police Department Equipment list

49 Manufacturer Product Description: The AR15 style firearm features M-LOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16 inch barrel, the V7 has a DD improved Flash Suppressor to reduce flash signature. The mid-length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts.

With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the sights, optics, and accessories the user may require . The independently ambi GRIP-N-RIP Charging Handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic Daniel Defense Buttstock and Pistol Grip.

Purpose/Authorized Uses:

Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: (a) situations where the officer reasonably anticipates an armed encounter; (b) when an officer is faced with a situation that may require accurate and effective fire at long range; (c) situations where an officer reasonably expects the need to meet or exceed a suspect's firepower; (d) when an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage; (e) when an officer reasonably believes that a suspect may be wearing body armor; and (f) when authorized or requested by a supervisor.

Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Foster City Police Department Policies on Use of Force and Firearms.

Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Operators must successfully complete a CA POST certified SWAT course as well as regular SWAT training and qualifications as required by law and policy.

Other Notes:

6.2 Attachment 5 - Foster City Police Department Equipment list

50 DATE: April 15, 2024

TO: Mayor and Members of the City Council
FROM: Stefan Chatwin, City Manager
Kevin Ortiz, Management Analyst
DEPARTMENT: City Manager
SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT WITH

DAVID TURCH AND ASSOCIATES, A FEDERAL GOVERNMENT
RELATIONS FIRM, IN AN AMOUNT NOT-TO-EXCEED $270,000

FOR AN INITIAL THREE-YEAR TERM

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute a Professional Services Agreement with David Turch and Associates, a federal government relations firm, in an amount not-to-exceed $270,000 for an initial three-year term, for consulting services for assistance with advice and counseling to federal governmental affairs.

EXECUTIVE SUMMARY
At the January 30, 2024 City Council Vision and Policy Summit (City Council Special Meeting), David Turch and Associates, a federal government relations firm, provided a presentation as an informational item. Topics included a brief overview of the firm, breadth of professional services provided by the firm, governmental agencies and special districts that the firm currently and has previously contracted with, and their ability to advocate for and secure federal grant funding for a wide range of projects and programs for their clients. Following the presentation, Council had an opportunity to ask questions and learn more about the firm. While no action was taken at the time by the City Council, the presentation served as an informational item and introduction of the firm to the City.

A Federal government relations firm is tasked with representing the interests of the City in Washington D.C. and advocating on policy and funding opportunities with the House,

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51 Senate, congressional committees, and federal agencies. The firm will help the City to pursue, secure, and maximize funds for local projects through the federal authorization/appropriation process and competitive grant programs.

BACKGROUND/ANALYSIS
Established in 1987, David Turch and Associates is a successful and respected federal government relations firm based in Washington D.C. The firm provides a range of professional services, which include comprehensive strategic planning, legislative goal setting, serving as an intergovernmental liaison, and preparing political analyses. David Turch and Associates has established key relationships with federal legislators in the legislative and executive branches of the federal government and is considered an expert in federal policy and government affairs. In addition, the firm has developed strong relationships with clients, including a wide range of municipalities across the country.

David Turch and Associates has been proactive in engaging and developing a consultant-client relationship with the City. Specifically, they provide the City with updates pertaining to the federal government and federal grant funding opportunities available for the City. This consistent communication and resource-sharing will be instrumental as the City continues to strengthen its legislative advocacy efforts and pursue federal grant funding opportunities. Per the proposed agreement (Exhibit A of Attachment 2), David Turch and Associates will advise, counsel, and represent the City with, principally, but not limited to, its affairs with the Legislative and Executive Branches of the Federal Government. The firm will promote and represent the City and its interests with federal legislative proposals which could have a substantial impact on the City or the conduct of its operations.

The City already has a lobbyist for state legislative advocacy and optional grant writing services. Having a federal lobbyist on board will complement these existing services, strengthen the City’s legislative advocacy efforts, establish relations with higher levels of government and legislators, and position the City to seek grant funding opportunities at the federal level that would be beneficial to the City. The proposed initial agreement with David Turch and Associates is for a three-year term in an amount not-to-exceed $270,000.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The quote for the agreement with David Turch and Associates includes a flat fee retainer for federal consulting services of $7,500 per month for a total of $90,000 per year. Therefore, the total cost for an initial three-year agreement with David Turch and

6.3 6.3 Staff Report

52 Associates is in an amount not-to-exceed $270,000 ($90,000 per year) starting on May 1, 2024 through April 30, 2027.

Funding is available and recommended to be utilized from the Community Benefits Program Fund, Contract, Professional, and Specialized Services Account No. 005- 0110-413-4251. In compliance with the City’s Purchasing Policy, David Turch and Associates has been identified as a Sole Source consultant. Staff will prepare a Sole Source form accordingly as per the City’s Purchasing Policy.

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

Attachment 1 – Resolution
Attachment 2 –Agreement

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4 RESOLUTION NO. _____________

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

AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH DAVID TURCH AND ASSOCIATES, IN AN AMOUNT NOT-TO- EXCEED $270,000 FOR AN INITIAL THREE-YEAR TERM, FOR CONSULTING

SERVICES FOR ASSISTANCE WITH ADVICE AND COUNSELING TO FEDERAL

GOVERNMENTAL AFFAIRS

CITY OF FOSTER CITY
WHEREAS, a priority for Foster City is to take efficient actions that enhance neighborhood livability and quality of place for current and future generations, specifically through continued legislative advocacy that advances City Council's goals and policies; and
WHEREAS, David Turch and Associates is a successful and respected federal government relations firm based in Washington D.C. that strives to represent the policy interests of public agencies; and
WHEREAS, David Turch and Associates provides its clients with a keen understanding of the Federal Government’s evolving legislative and political landscape, which is critical when making policy decisions; and
WHEREAS, the City already has state legislative advocacy and optional grant writing services, and an approved State Legislative Platform and Policy that allows the City to have a sustained and engaged presence in the state legislative process; and WHEREAS, having a federal lobbyist will complement these existing services, will strengthen its legislative advocacy efforts, establish relations with higher levels of government and legislators, and position the City to seek grant funding opportunities at the federal level that would be beneficial to the City; and WHEREAS, David Turch and Associates has been proactive in engaging and developing a consultant-client relationship with the City, including providing the City with updates pertaining to the federal government and federal grant funding opportunities available for the City; and
WHEREAS, approving the initial three-year agreement with David Turch and Associates will ensure consistency and continuity in the City's representation on the federal-level, allowing the firm to be more effective when advocating for the City's interests now having the intimate knowledge of the City's needs and priorities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute a Professional Services Agreement with David Turch and Associates, dated May 1, 2024 in an amount not-to-exceed $270,000

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4 for an initial three-year term or 36 months for consulting services for assistance with advice and counseling to federal government affairs.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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PROFESSIONAL SERVICES AGREEMENT
FOR

CONSULTING SERVICES FOR ASSISTANCE WITH ADVICE AND COUNSELING TO

FEDERAL GOVERNMENTAL AFFAIRS
This Agreement is made and entered into as of the 1st day of May, 2024 by and between the City of Foster City hereinafter called "CITY" and David Turch and Associates hereinafter called "CONSULTANT".

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

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire on April 30, 2027 (“Initial Term”). This Agreement will automatically be renewed for a period of two additional years after the Initial Term unless notice of intent to renew is made by either party, in writing, delivered to the other, thirty (30) days prior to the expiration date. Thereafter, in the absence of either cancellation or renewal, this Agreement will continue on a month-to-month basis. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt

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Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense.

CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s payment terms during the time of the performance of said services. A copy of CONSULTANT’s payment terms for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any

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adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of

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like nature and complexity of the Services working on similar, successfully completed projects.

The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.

CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from

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and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s
proportionate percentage of fault.

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.

CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and

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notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service.

In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

15. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: City Manager

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CONSULTANT: David Turch & Associates
517 2 nd Street, NE, Washington, D.C. 20002,
(202) 543-3744
Attention: Jamie Jones, Project Manager
[email protected]

16. Non-Assignment. This Agreement is not assignable either in whole or in part.

17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.

21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may

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presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

24. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without

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the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure).

Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

Any Force Majeure event with a duration in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

25. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________ Patrick Sullivan, Mayor
(for contracts $50,000 or more)
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

David N.M. Turch, Owner

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EXHIBIT A

SERVICES TO BE PROVIDED
City hereby engages the services of CONSULTANT to advise, counsel and represent City with, principally but not limited to, its affairs with the Legislative and Executive Branches of the Federal Government.

CONSULTANT hereby agrees to faithfully and to the best of its ability, promote and represent the City and its interests with federal legislative proposals which could have a substantial impact on the City or the conduct of its operations.

It is further understood and expected, that from time to time, or on a continuing basis, other tasks, whether general or specific, may be requested and performed by the mutual consent of the parties. Adjustments to the compensation schedule, if any, for such other tasks shall be mutually agreed to by the parties on a case-by-case basis.

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE

COMPENSATION
a. Ordinary:

Compensation from City to CONSULTANT is agreed to be Ninety Thousand Dollars ($90,000) per year. Such compensation is to be paid according to the following schedule:

The first month's payment of Seven Thousand Five Hundred Dollars ($7,500) is to accompany this Agreement.

Thereafter, each month's payment of Seven Thousand Five Hundred Dollars ($7,500) is agreed to be due and payable, without additional notice or demand, on or before the first day of each calendar month beginning on or before May 1, 2024.
b. Expenses:

City agrees to reimburse CONSULTANT for all ordinary and reasonable expenses incurred on its behalf. CONSULTANT agrees to bill City monthly for such expenses, such billing to be mailed on or before the fifth day of each calendar month. Such expense statements are agreed to be paid by City on or before the first day of the calendar month following such billing. c. Cancellation:

Should this agreement be terminated at the option of City, City agrees to pay to CONSULTANT a "drop fee" of 15% of the remaining value of the first year of this Agreement, had this Agreement remained in full force and effect. After the first year and for any other extensions, no "drop fee" will be required. At all times during this Agreement, whether during the first year or during any extension period, City further agrees to pay all necessary and reasonable expenses either directly associated with the termination of this Agreement or to fulfill commitments previously made on behalf of City pursuant to this Agreement.

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EXHIBIT C

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested.

Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

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☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.

Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.

Installation Floater
Installation Floater, covering the work performed under this Contract, against all risks of direct physical loss. The policy shall cover the Contractor’s labor, materials and equipment, including materials and equipment in transit or away from the project site, to be installed in the existing structure(s). The coverage shall be written for an amount equal to the initial contract amount plus the value of any subsequent change orders, subject to a deductible of not more than [$10,000] payable by Contractor.

Cyber Liability Insurance
Cyber Liability Insurance, covering network risk and cyber liability (including coverage for unauthorized access, failure of security, breach of privacy perils, as well at notification costs and regulatory defense) in an amount of not less than $1,000,000. Such insurance shall be maintained in force at all times during the term of the Contract and for a period of two years thereafter for services completed during the term of the Contract.

1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.

1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.

6.3 Attachment 2 - Agreement

68 4892-9914-7945 v1

2.City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

3.Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.

Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non- renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.

3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above.

The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City, at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall

6.3 Attachment 2 - Agreement

69 4892-9914-7945 v1
communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

6.3 Attachment 2 - Agreement

70 4892-9914-7945 v1

EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City (CITY)
610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other: [Cyber Liability, Installation Floater, etc.]
Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.

Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

6.3 Attachment 2 - Agreement

71 4892-9914-7945 v1
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

6.3 Attachment 2 - Agreement

72 4892-9914-7945 v1

EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.

1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.

2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID- 19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

6.3 Attachment 2 - Agreement

73 4892-9914-7945 v1
A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.

B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID- 19 Proclamations at all times in connection with the performance of their Services.

4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.

7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]

6.3 Attachment 2 - Agreement

74 4892-9914-7945 v1
IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title

6.3 Attachment 2 - Agreement

75 DATE: April 15, 2024

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

FROM: Andrew Brozyna, Public Works Director
Justin Lai, Public Works Senior Civil Engineer
Amy Zhou, Public Works Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO CALL FOR BIDS – STREET

REHABILITATION AND PARK PATHWAY RESTORATION
PROJECT 2023-2024 (CIP 301-716)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving the Plans and Specifications and authorizing the call for bids for the Street Rehabilitation and Park Pathway Restoration Project (CIP 301-716).

EXECUTIVE SUMMARY
CIP 301-716 consists of street rehabilitation and pavement maintenance on Edgewater Blvd., grading adjustments along Shell Blvd at Beach Park Elementary School, paver and bituminous layer repair at the E. Hillsdale Blvd and Center Park Ln intersection, park pathway restoration at Boothbay, Gull, and Sea Cloud Parks, and asphalt replacement at concrete entrances for Turnstone, Marlin, and Sunfish Parks. Street rehabilitation and pavement maintenance on E. 3rd Ave is included as two bid alternates on the project and will be included if bid results are favorable. The rehabilitation project will help to increase and maintain the City’s overall Pavement Condition Index (PCI). The PCI is a numerical index used to indicate the general condition of a pavement. BKF Engineers has prepared

6.4 6.4 Staff Report

76 construction documents for the street rehabilitation and park pathway restoration and the project is ready to be advertised for construction.

Total funding in the amount of $2,478,247.48 is available in the approved project budget for construction, of which $144,868 has been encumbered for design. A balance of approximately $2,333,000 is available for construction and inspection services. The City Council action will allow staff to advertise the project for bidding. Construction is anticipated to take approximately 4 months with an anticipated start in early July.

BACKGROUND
In 2023, a pavement condition survey was performed for several streets in the City and the data was entered into the Metropolitan Transportation Commission’s Pavement Management Program (PMP). The PMP allows the City to compare and analyze the street conditions. Based on the PMP analysis, combined with the input received from the public and the City’s maintenance crew, streets are identified and prioritized for rehabilitation work.

At its November 6, 2023 meeting, the City Council adopted City Resolution No. 2023- 103, executing a task order with BKF Engineers to prepare construction documents for the street rehabilitation and park pathway restoration project. City staff advised on the areas for rehabilitation and restoration and BKF provided recommendations based on the present conditions.

The scope of work includes but is not limited to slurry, grinding, asphalt overlays, striping, grading adjustments, paver and bituminous layer repair, path parkway paving, and utility adjustments. The upgrade of the existing non-compliant curb ramps, in conformance with the Americans with Disabilities Act (ADA), are also included.

ANALYSIS
The ongoing maintenance of public streets is essential to maintain the structural integrity, safety and accessibility of the City’s roadways and maintain an acceptable PCI for the City. Continual improvements and maintenance lead to higher quality roadways at a lower cost. The locations to be performed as part of CIP 301-716 are listed below:

Street Rehabilitation & Pavement Maintenance
•Edgewater Blvd., south of Beach Park Blvd. to City limit (digouts, grind and overlays, and slurry seal)
•East 3 rd Ave., east of Foster City Blvd. to City limit - Bid Alternate 1 (grind and overlays and slurry seal)
•East 3 rd Ave., west of Foster City Blvd. to City limit - Bid Alternate 2 (digouts, grind and overlays, and slurry seal)

6.4 6.4 Staff Report

77 All locations identified above include striping and signage improvements, utility adjustments if necessary, and the retrofitting of existing non-compliant curb ramps in conformance ADA. Work included in Bid Alternates 1 and 2 will be included if the bid results are favorable and within budget.

Additional roadway improvements, as identified by staff due to resident reports and staff observations include:
•Rehabilitation of the pavers and bituminous layer at E. Hillsdale Blvd and Center Park Ln intersection.
•Grading adjustments along Shell Blvd at the northern driveway to Beach Park Elementary School.
•Yield signage installation at Rectangular Rapid Flashing Beacon crosswalks on Beach Park Blvd, along the levee.

Park pathway restoration is included in CIP 301-716. Parks staff identified areas requiring improvements. The locations to be performed as part of CIP 301-716 are listed below:

Park Pathway Restoration – Asphalt replacement and base repair •Sea Cloud Park – northern and central pathway
•Boothbay Park – west-side pathway
•Gull Park – Widgeon St. entry pathway
Park Entrance Restoration – Asphalt replacement of concrete entrances •Sunfish Park – Sea Horse Ct. entrance
•Turnstone Park – Loon Ct. entrance
•Marlin Park – Flying Fish St. entrance
Plans and specifications for CIP 301-716 are complete and ready for bidding.

Construction is anticipated to begin in July 2024 and will take approximately 4 months to complete. During construction, traffic control will be utilized and construction signs informing residents of the work will be posted 3 days prior to actual start date of the work.

The contractor will also be notifying affected homes and properties with letters prior to the work being performed. The overall project management and daily inspection will be provided by a combination of in-house staff and consultant support. A hardcopy of the plans and specifications is available for view in City Hall.

Project Schedule
Approve Plans and Specifications and
Authorize Call for Bids
April 15, 2024
Bid Opening May 9, 2024
Award of Contract June 3, 2024

6.4 6.4 Staff Report

78 Contract Execution June 2024
Construction July – October 2024
Project Notice of Completion October 2024
CEQA
Categorically Exempt pursuant to CEQA Guidelines Section 15061(b)(3) and 15301(c) – Existing Facilities

FISCAL IMPACT
Funding for CIP 301-716 is available in the Measure A ($1,500,000) and City CIP funds ($300,000). Resolution 2023-103 authorized the appropriation of $678,247.48 from developer road impact payments for CIP301-716, bringing the total project budget to $2,478,247.48.
$144,868 has been encumbered for design of the project. Approximately $2,333,000 is available for construction and inspection services. Based on the Engineer’s Estimate, adequate funding is available for construction of the project, inclusive of Bid Alternates 1 and 2.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
Public Safety and Social Equity

ATTACHMENTS
Attachment 1 – Resolution

6.4 6.4 Staff Report

79 1
9 9
1 RESOLUTION NO.____________

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

APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL FOR BIDS FOR CIP301-716 STREET REHABILITATION AND PARK PATHWAY RESTORATION PROJECT (2023-2024) AND FINDING THAT THE PROJECT IS

CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA)

CITY OF FOSTER CITY
WHEREAS, the Plans and Specifications for the Street Rehabilitation and Park Pathway Restoration Project (CIP301-716) have been completed and are ready for bid; and

WHEREAS, CIP 301-716 consists of street rehabilitation, pavement maintenance, park pathway restoration, grading adjustments, and paver and bituminous layer repair at various locations identified by City staff; and

WHEREAS, total funding in the amount of $2,478,247.48 is the approved project budget; and

WHEREAS, based on the Engineer’s Estimate, adequate funding is available for construction of the project, inclusive of bid alternates 1 and 2; and

WHEREAS, construction is anticipated to begin in July 2024; and

WHEREAS, the project is categorically exempt under CEQA Sections 15301 – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the plans and specifications and authorize the call for bids for the Street Rehabilitation and Park Pathway Restoration Project (CIP 301-716).

6.4 Attachment 1 - Resolution

80 1
9 9
1 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

81 DATE: April 15, 2024

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

FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: AUTHORIZING THE ISSUANCE OF A REQUEST FOR

PROPOSALS FOR AN ENTERPRISE BACKUP SYSTEM

RECOMMENDATION
It is recommended that the City Council of the City of Foster City adopt the attached resolution authorizing staff to issue a Request for Proposals (RFP) for an Enterprise Backup System.

EXECUTIVE SUMMARY
Data backup is a critically important component of Information Technology, and newer Enterprise Backup Systems can provide features that could better protect the City from ransomware. The necessary funding is available within the Information Technology (IT) Internal Services Fund budget for Fiscal Year 2023-2024.

BACKGROUND/ANALYSIS
The City currently uses Barracuda Backup as our Enterprise Backup System. The system was originally purchased in 2013 and the hardware has been refreshed three times.

While Barracuda Backup has been a reliable system, enhancements to the software have been sparse in recent years. However, during this same time period, newer ransomware has been increasingly targeting backup systems. Other backup systems

6.5 6.5 Staff Report

82 on the market have features to help defend against ransomware and even help recognize and mitigate ransomware incursions.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There are no costs associated with the issuance of the RFP. Once the proposals have been reviewed and a recommended reseller is chosen, the purchase will come back to City Council for approval. The estimated cost for the replacement server and software is $75,000 and is included in the Information Technology (IT) Internal Services Fund budget for Fiscal Year 2023-2024.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Innovation and Sustainability

ATTACHMENTS
Attachment 1 – Resolution
Attachment 2 – Request for Proposals

6.5 6.5 Staff Report

83 1
9 9
6 RESOLUTION NO.____________

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

AUTHORIZING STAFF TO ISSUE A REQUEST FOR PROPOSALS FOR AN

ENTERPRISE BACKUP SYSTEM

CITY OF FOSTER CITY
WHEREAS, data backup is a critically important component of Information Technology; and
WHEREAS, the City has used Barracuda Backup as its Enterprise Backup System since 2013; and
WHEREAS, newer Enterprise Backup Systems can provide features that could better protect the City from ransomware; and
WHEREAS, the Request for Proposals has been prepared and is ready to be issued; and
WHEREAS, sufficient funds are available in the Information Technology Internal Services Fund (#504).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the issuance a Request for Proposals for an Enterprise Backup System.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

84 City of Foster City
4/16/2024

REQUEST FOR PROPOSAL
Data Backup System

6.5 Attachment 2 - Request for Proposals

85 City of Foster City RFP – Data Backup System
2 The City of Foster City requests pricing for a Data Backup System. Pricing is to include 3 years of software subscription and hardware support (if applicable).

The City invites you to submit a proposal to furnish materials in accordance with the terms, conditions and specifications contained in this document. Please complete the proposal form as instructed below and return it to the specified e-mail address by the due date. No extensions to the deadline will be allowed. All responses must be in an email to:

TO: Rob Lasky
[email protected]
Due Date: 5/14/2024
The undersigned proposes to provide solution and installation services to the City for the stated prices in accordance with the terms and conditions set forth in this document.

VENDOR:

Company Name Street Address of Company
Signature of Officer City, State, Zip
Printed Name of Officer Telephone No./Fax Nbr.

Title of Officer Federal I.D. Tax Number

6.5 Attachment 2 - Request for Proposals

86 City of Foster City RFP – Data Backup System
3 This Request for Proposal includes the following Sections:

Section 1 Introduction / Background
Section 2 System Requirements
Section 3 Proposal Submittal Requirements
Section 4 Vendor Evaluation Process

TERMS AND CONDITIONS

1.DATE DUE: 5/14/2024

2.QUESTIONS: Call Rob Lasky at 650-740-7101 or e-mail questions to [email protected]. All communication/questions are to be submitted by any vendor to Rob Lasky via e-mail. All responses to questions/clarifications will be posted on the City’s website as addendums and any vendor who has provided an e-mail will be notified via -email of the posting. Vendors are required to provide an e-mail address to which we may send responses.

3.REPLY FORMAT: The Vendor’s proposal, signed acknowledgment terms and conditions, including all attachments, must be returned by the due date with submittal. Vendors are required to clearly identify any limitations or exceptions to the requirements defined in this RFP. Alternative approaches will be given consideration if the approach clearly offers increased benefit to the City. The City is not responsible for non-receipt or misdelivery and that it is bidder's responsibility to ensure we have received their communication. The City’s e-mail system does not allow attachments larger than 25MB.

4.DEADLINES TIME ZONE: Where referred to in document, all times are in the Pacific Time Zone.

5.VENDOR QUALIFICATIONS: The vendor has been in business doing this type of work for at least the last three years.

6.RESPONSIVENESS AND SELECTION PROCESS: The decision for selection will be made on a combination of criteria, including: total cost (including ongoing operating costs); responsiveness to RFP; quality and completeness of proposal.

The City reserves the right to reject any and all proposals or to waive any minor errors, discrepancies or irregularities. The selection will be at the discretion of the City and may be made in any manner that best meets the needs of the City.

7.FIRM PRICES: All quotes shall be held firm for a minimum of ninety (90) days after the proposal due date to allow adequate time for the City to consider each proposal and make an award. All blanks for unit price and total price shall be completed. All prices shall include sales tax where applicable. Any charges for boxing, packing, crating, cartage, handling, insurance, unloading, inside delivery, and any other related charges shall be included in the bid price provided on the Bid Form. Any discrepancy between the unit price and the extended or total price shall be determined by taking the lower price.

Upon receipt of this proposal by the City, the Vendor shall be presumed to be thoroughly familiar with all aspects of this work. The failure or omission to examine any location, equipment, form, instrument or document shall in no way relieve Vendor from any obligation with respect to this proposal.

8.WARRANTY: The delivered equipment shall be warranted to be free from defects in materials and workmanship.

6.5 Attachment 2 - Request for Proposals

87 City of Foster City RFP – Data Backup System
4 9.CANCELLATION CLAUSE: The City may terminate and cancel any purchase order or contract that result from this RFP without obligation at any time prior to receipt of the goods or services.

6.5 Attachment 2 - Request for Proposals

88 City of Foster City RFP – Data Backup System
5 Section 1
Introduction / Background

1.1. The Project
The City of Foster City is an upper/middle class community of about 4 square miles and about 32,000 residents. We are located in central San Mateo County, mid-way between San Francisco and San Jose. A significant portion of the City is immediately adjacent to the waters of San Francisco Bay while other parts border on the City of San Mateo.

Foster City IT is a division under the City’ Administrative Services Department, which also contains the Human Resources Division. Foster City IT consists of 4 full time staff: 1 IT Manager, 2 Senior Systems Analysts, and 1 Technical Analyst I.

We offer centralized IT services to the 8 City departments.

Tentative schedule and dates:

Release RFP 4/16/2024
Vendor Written Inquiries (on or before) 5/6/2024
City response to Written Inquiry (on or before) 5/7/2024 Proposals due from potential bidders 5/14/2024
Vendor Notified of accepted bids TBD
Award of Contract TBD
Project Start Date TBD

1.2. Current Environment

1.2.1. Backup System
•Barracuda Backup 890 Appliance
•Sources include 70 virtual Windows servers, 10 virtual Linux servers, and 5 physical windows servers via agent. Also, 8 SQL Servers are backed up up via agent •Virtualization is on a Nutanix cluster running VMware
•Storage used on Barracuda appliance is currently 17TB

1.2.2. Server Networking
•Server rack has SFP and copper 10Gbps and 1Gbps connections available

1.2.3. Cloud Replication
•Currently, all backup data is replicated to the Barracuda Cloud immediately following the backup job
•Internet Bandwidth is 500Mbps, with 250Mbps allowed for replication

1.2.4. Retention
• Daily: 7 days
• Weekly: 4 weeks
• Monthly: 6 months (replicated data only, not kept on local appliance) • Yearly: 2 years (replicated data only, not kept on local appliance)

6.5 Attachment 2 - Request for Proposals

89 City of Foster City RFP – Data Backup System
6 Section 2

2. System Requirements
All information contained in 1.2 Current Environment will still be applicable in the new system (sources, networking, replication, and retention). We plan to do implementation with in-house staff, so no professional services are required to be part of your proposal (although you can add professional services as an option).

The following are the minimum requirements we expect from the vendor’s solution. We expect your response to address every requirement.
•Easy/intuitive interface
•Fast and bandwidth-efficient backups (especially virtual) and minimal impact on the source system
•Ability to replicate to a cloud service (vendor-specific cloud storage or generic S3) •At-a-glance backup job status, with good reporting capabilities •Granular restore capabilities, with ability to restore a single file or SQL database without requiring restoring the entire virtual server
•Policy-driven immutable or air gapped capabilities to protect backups from ransomware •Ability to connect to VMware vCenter and Nutanix Acropolis for backing up virtual servers •Data encryption at rest and in-transit
•Deduplication and compression of backups
•Indexing of filenames in backups to allow for search
•(Option) Ability to scan data for threats before backup •(Option) Ability to scan and classify sensitive data

6.5 Attachment 2 - Request for Proposals

90 City of Foster City RFP – Data Backup System
7 Section 3
Proposal Submittal Requirements
Below are all the items that must be submitted by the Vendor. Any Vendor who fails to include responses to the following requirements shall be deemed non-responsive.

Requirement A - General

1. Response to all City requirements (See Section 2).

2. Answers to the following questions about your company:
•Local Address
•Location of Headquarters
Requirement B - Pricing Sheet

1. Upfront Hardware costs (if applicable)

2. Annual Hardware maintenance costs (if applicable)

3. Software Licensing – provide 1, 3, and 5 year options

4. Cloud Storage for replication

6.5 Attachment 2 - Request for Proposals

91 City of Foster City RFP – Data Backup System
8 Section 4
Vendor Evaluation Process

1. Selection/Evaluation Criteria for RFP Proposals
Proposals will be reviewed by Foster City’s IT staff. Zoom demonstrations of the proposed products and reference check contact information may also be requested by City staff.

Final selection will be made on a combination of criteria, including: total cost (including ongoing operating costs); responsiveness to RFP; quality and completeness of proposal.

6.5 Attachment 2 - Request for Proposals

92 DATE: April 15, 2024

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

FROM: Diane Pitman, Administrative Services Director
Rob Lasky, IT Manager
DEPARTMENT: Administrative Services
SUBJECT: AUTHORIZING THE ISSUANCE OF A REQUEST FOR

PROPOSALS FOR A NUTANIX HYPERCONVERGED SERVER

RECOMMENDATION
It is recommended that the City Council of the City of Foster City adopt the attached resolution authorizing staff to issue the attached Request for Proposals (RFP) for a Nutanix Hyperconverged Server.

EXECUTIVE SUMMARY
The City’s current Nutanix Hyperconverged Server was purchased in 2020 and is due for replacement. A replacement system will provide a redundant and reliable infrastructure to support the City’s server requirements. The necessary funding is available within the Information Technology (IT) Internal Services Fund budget for Fiscal Year 2023-2024.

BACKGROUND/ANALYSIS
Foster City has used server virtualization since 2006 as a way to provide reliability and flexibility while also shrinking data center hardware requirements. Virtualization enables the City to run over 100 virtual Windows server installs on a handful of actual physical servers. This equates to 90% of the City’s server-based applications.

The City has used Nutanix hardware and software for its virtualization hosts since

6.6 6.6 Staff Report

93 2016. Nutanix is a hyperconverged system, meaning it places the storage on the same hardware as the CPU and memory, allowing staff to use a single vendor for support.

The existing server was purchased in January 2020 and its replacement was deferred for one (1) year.

In lieu of recycling the current server hardware, staff plans to reuse it to create a disaster recovery site. Staff would replicate a copy of the City’s active server data to this disaster recovery site, allowing the City to bring this server back into production quickly in the event that the main data center were to be damaged or destroyed.

A replacement system will provide a redundant and reliable infrastructure to support the City’s server requirements.

California Environmental Quality Act
Not Applicable

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Innovation and Sustainability
ATTACHMENTS:

Attachment 1 - Resolution
Attachment 2 - Request for Proposals

6.6 6.6 Staff Report

94 RESOLUTION NO.____________

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

AUTHORIZING STAFF TO ISSUE A REQUEST FOR PROPOSALS FOR A NUTANIX

HYPERCONVERGED SERVER

CITY OF FOSTER CITY
WHEREAS, server virtualization has been used since 2006 as a way to provide reliability and flexibility while also shrinking data center hardware requirements; and WHEREAS, the City has used Nutanix hardware and software for virtualization since 2016; and
WHEREAS, the existing Nutanix server was purchased in January 2020 and is due for replacement; and
WHEREAS, the Request for Proposals has been prepared and is ready to be issued; and
WHEREAS, sufficient funds are available in the Information Technology Internal Services Fund (#504).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the issuance a Request for Proposals for a Nutanix Hyperconverged Server.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution

95 City of Foster City
4/16/2024

REQUEST FOR PROPOSALS
Nutanix Hyperconverged Server

6.6 Attachment 2 - Request for Proposals

96 City of Foster City RFP - Nutanix Hyperconverged Server 2 The City of Foster City requests pricing for a Nutanix Hyperconverged Server. Pricing is to include 3 years of software subscription and hardware support. Installation and migration will be performed by City staff.

TO: Rob Lasky
[email protected]
Due Date: 5/8/2024
The undersigned proposes to provide solution and installation services to the City for the stated prices in accordance with the terms and conditions set forth in this document.

VENDOR:

Company Name Street Address of Company
Signature of Officer City, State, Zip
Printed Name of Officer Telephone No./Fax Nbr.

Title of Officer Federal I.D. Tax Number

6.6 Attachment 2 - Request for Proposals

97 City of Foster City RFP - Nutanix Hyperconverged Server 3 This Request for Proposal includes the following Sections:

Section 1 Introduction / Background
Section 2 System Requirements
Section 3 Proposal Submittal Requirements
Section 4 Vendor Evaluation Process

TERMS AND CONDITIONS

1.DATE DUE: 5/8/2024

4.DEADLINES TIME ZONE: Where referred to in document, all times are in the Pacific Time Zone.

5.VENDOR QUALIFICATIONS: The vendor has been in business doing this type of work for at least the last three years.

8.WARRANTY: The delivered equipment shall be warranted to be free from defects in materials and workmanship.

6.6 Attachment 2 - Request for Proposals

98 City of Foster City RFP - Nutanix Hyperconverged Server 4 9.CANCELLATION CLAUSE: The City may terminate and cancel any purchase order or contract that result from this RFP without obligation at any time prior to receipt of the goods or services.

6.6 Attachment 2 - Request for Proposals

99 City of Foster City RFP - Nutanix Hyperconverged Server 5 Section 1
Introduction / Background

We offer centralized IT services to the 8 City departments.

Tentative schedule and dates:

Release RFP 4/16/2024
Vendor Written Inquiries (on or before) 4/30/2024
City response to Written Inquiry (on or before) 5/1/2024 Proposals due from potential bidders 5/8/2024
Vendor Notified of accepted bids TBD
Award of Contract TBD
Project Start Date TBD

1.2. Current Nutanix Environment

1.2.1. Server Hardware
•Nutanix NX-1065-G7 Chassis with 3-nodes
•Each of the 3 nodes contains:
oTwo CPUs: Intel(R) Xeon(R) Silver 4208 CPU @ 2.10GHz
o384GB RAM
o10TB HDDx2, and a single 3TB SSD
•So total cluster capacity is: 6 CPUs, 1.12TB RAM, 6 HDD and 3 SDD (34TB usable in VMware)

1.2.2. Server Networking
•The cluster is connected via 10Gbps copper to Netgear M4300 switches

1.2.3. Server workload
•Nutanix Pro with VMware vCenter layered on top
•70 virtual Windows servers, 10 virtual Linux servers
•Currently 60-70% utilization of cluster cpu, memory, and disk

6.6 Attachment 2 - Request for Proposals

100

City of Foster City RFP - Nutanix Hyperconverged Server 6 Section 2

2. System Requirements/Price Sheet
Description Price Quantity/
Duration
Extended Price
Nutanix Cloud Infrastructure (NCI) Pro Software
Subscription, for 60 cores
36 months
NX-1365-G9, 3 Node 1
Intel Xeon-Silver 4410T processor (2.7 GHz/ 10-
core/ 150W, Sapphire Rapids)
6 64GB Memory Module (4800MHz DDR5 RDM) 36
18TB, 3.5" HDD 6

7.68 TB SSD 3
LOM Module: Broadcom 10GbE, 2- port, Base-T 3
Mellanox 25/10GbE, 2-port, NIC 6
C13/C14, 10A, 4ft Power cord 2
TPM 2.0 Module Unprovisioned 3
24/7 Production Level HW Support for Nutanix
Cluster
36 months

6.6 Attachment 2 - Request for Proposals

101

City of Foster City RFP - Nutanix Hyperconverged Server 7 Section 3
Proposal Submittal Requirements
Below are all the items that must be submitted by the Vendor. Any Vendor who fails to include responses to the following requirements shall be deemed non-responsive.

Requirements

1. A completed price sheet. Section 2 may be used as a template

2. Answers to the following questions about your company:
•Local Address
•Location of Headquarters

6.6 Attachment 2 - Request for Proposals

102

City of Foster City RFP - Nutanix Hyperconverged Server 8 Section 4
Vendor Evaluation Process

1. Selection/Evaluation Criteria for RFP Proposals
Proposals will be reviewed by Foster City’s IT staff. Selection will be made on a combination of criteria, including: total cost (including ongoing operating costs); responsiveness to RFP; quality and completeness of proposal.

6.6 Attachment 2 - Request for Proposals

103

6 1
2 DATE: April 15, 2024

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

FROM: Sofia Mangalam, Community Development Director
Nori Jabba, Housing Coordinator
DEPARTMENT: Community Development
SUBJECT: REBATE RESERVATION AGREEMENT WITH PENINSULA

CLEAN ENERGY AUTHORITY FOR WORKFORCE HOUSING

ELECTRIC VEHICLE CHARGING PROJECT, ACCEPTANCE OF

REBATES AND FINDING THE REQUEST EXEMPT FROM CEQA

RECOMMENDATION
It is recommended that the City Council approve a resolution authorizing the City Manager to enter into a Rebate Reservation Agreement with Peninsula Clean Energy Authority for Workforce Housing Electric Vehicle (EV) Charging project; authorize the City Manager to accept the $11,000 in rebates for the EV Charging project; and find the request exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(b)(3).

EXECUTIVE SUMMARY
The City-owned Workforce Housing includes 22 apartment units. The parking lot has two (2) “EV-Ready” charging stations, including one (1) accessible station. EV-Ready is defined as ready for installation of an EV charging station. The station sites have conduit in place from the electrical room to the charging station sites and are located on the sidewalk facing Triton Drive in front of two (2) head-in parking stalls. The sitework for the project is complete and is ready for installation of the chargers. 2023 City Council Goals and Objectives Work Plan included “exploring grants and

6.7 6.7 Staff Report

104

6 1
2 funding opportunities for EV Charging station on city owned facilities including workforce housing at 501 Pilgrim Drive” (see page 8 of this link). Since then, staff has been actively looking for grant and funding opportunities. Peninsula Clean Energy (PCE) provides an incentive of $5,500 per charger for affordable housing sites ($11,000 total incentive) for which the EV charging project is eligible. Please see Attachment 3 for an overview of the PCE EV Ready Rebate Program.

BACKGROUND/ANALYSIS
PCE’s EV Ready Rebate Program is an EV charging infrastructure program to support multi-family, workplace, and public charging in San Mateo County by providing incentives for the installation of Level 1, Level 2, and "Make Ready” charging infrastructure. The program involves “funds reservation period”, which begins when PCE approves an incentive application. The applications approved for an incentive rebate must submit a preliminary site plan within 60 days from the beginning of the Funds Reservation Period.

The City’s Fiscal Year (FY) 2023-2024 budget for Workforce Housing includes a budget of $50,000 for the Workforce Housing EV Charger Station Project in the account 139- 0846-419-42-51 (see page 223 of Final Budget). The project includes site work and the purchase and installation of two (2) pedestal chargers. Sitework has been completed, including converting the existing accessible EV charging space to a van-accessible space, which also required removal of one (1) adjacent public/guest parking space allocated to the Pilgrim-Triton master plan, to meet Building Code requirements. The reduction of one (1) parking space leaves a total of 214 spaces, three (3) more than the required 211 minimum. The next step involves the installation of the EV chargers. Upon approval from the City Council and installation of the EV chargers, staff will submit documentation to PCE for $11,000 in rebates.

Staff recommends that the City Council authorizes the City Manager to enter into the Rebate Reservation Agreement (Attachment 2) with PCE to receive $11,000 in rebates to offset the cost of the Workforce Housing EV Charger Station Project in either Fiscal Year 2023-2024 or 2024-2025 depending on when the rebates are issued following project completion.

California Environmental Quality Act
CEQA General Rule Exemption

FISCAL IMPACT
Staff request authorization to accept $11,000 in the form of rebates for the Workforce Housing EV Charger Station Project, which will be recorded in the Workforce Housing Fund (Fund 139). Funds are anticipated in either late Fiscal Year 2023-2024 or early 2024-2025 depending on when the rebates are issued following project completion.

6.7 6.7 Staff Report

105

6 1
2 CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA Facilities and Infrastructure

ATTACHMENTS
Attachment 1 - Resolution
Attachment 2 - Rebate Reservation Agreement
Attachment 3 - Peninsula Clean Energy EV Ready Program Overview

6.7 6.7 Staff Report

106

2 0
0 0
RESOLUTION NO. ______

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A REBATE RESERVATION

AGREEMENT WITH PENINSULA CLEAN ENERGY AUTHORITY FOR WORKFORCE HOUSING ELECTRIC VEHICLE (EV) CHARGING PROJECT, ACCEPT THE $11,000 IN REBATES FOR THE EV CHARGING PROJECT; AND FIND THE REQUEST EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINE SECTION 15061(B)(3)

CITY OF FOSTER CITY
WHEREAS, the City-owned Workforce Housing includes twenty-two (22) apartment units and currently, the parking lot has two (2) “EV-Ready” charging stations, including one (1) accessible station; and
WHEREAS, the station sites have conduit in place from the electrical room to the charging station sites and are located on the sidewalk facing Triton Drive in front of two (2) head-in parking stalls; and
WHEREAS, the sitework for the EV Charging project is complete and is ready for installation of the chargers; and
WHEREAS, Peninsula Clean Energy (PCE) provides an incentive of $5,500 per charger for affordable housing sites ($11,000 total incentive) for which the EV charging project is eligible; and
WHEREAS, the proposed action would not result in physical changes to the environment and is exempt pursuant to CEQA Guidelines Section 15061(b)(3).

NOW THEREFORE, BE IT RESOLVED that the City Council of the Foster City does hereby authorizes the City Manager to enter into the Rebate Reservation Agreement (see Exhibit A) with PCE to receive $11,000 in rebates to offset the cost of the Workforce Housing EV Charger Station Project in either Fiscal Year 2023-2024 or 2024-2025 depending on when the rebates are issued following project completion.

BE IT FURTHER RESOLVED that the funds received from the rebate will be recorded in the Workforce Housing Fund (Fund 139).

6.7 Attachment 1 - Resolution

107

2 0
0 0
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of April 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
_________________________________

PRISCILLA SCHAUS, CITY CLERK

6.7 Attachment 1 - Resolution

108

2075 Woodside Road | Redwood City, CA | 94061 | 650.260.0005 | PenCleanEnergy.com V 1.12.23 Peninsula Clean Energy Electric Vehicle Ready Program Fund Reservation Agreement Applicant First Name Applicant Last Name Title Organization Email Phone Number Proposed Site Address City Zip Code Service Agreement ID Project ID EV Charging Infrastructure Project Description: Project Type Level 1 Outlets Level 2 Outlets Level 2 Charge Ports Make Ready Ports Submitted # Ports Reserved Funds $ $ $ $ Panel Upgrade $ Total Reserved Funds Notes Peninsula Clean Energy Authority (“PCEA”) cannot guarantee rebate funds beyond what was reserved nor can rebate funds exceed 100% of the total project costs. Final projects with less ports than projected will only receive rebates for installed ports, up to the amount reserved. By signing below, the site owner (“Site Owner”) or, if the property is owned by a commercial or corporate entity, the representative of the ownership entity (“Owner Representative”) agrees to the “Electric Vehicle (EV) Ready Program” (“Program”) Terms & Conditions. If neither Site Owner nor Owner Representative executes the Agreement, the applicant (“Applicant”) certifies that a

6.7 Attachment 2 - Rebate Reservation Agreement

109

V 1.12.23
Designated Applicant Assignment form was completed and submitted to PCEA to verify that the Site Owner or Owner Representative has designated the applicant (“Designated Applicant”) authority to represent the Site Owner in the Program and execute all legal agreements as required by the Program. The undersigned here is the: Site Owner or Owner Representative OR Designated Applicant [DocuSign]

Peninsula Clean Energy EV Ready Program Terms and Conditions 1. ELIGIBILITY: Peninsula Clean Energy Authority offers a rebate to eligible PCEA customers or their designees (Applicant) installing EV Charging Infrastructure through the EV Ready Program. Applicants eligible to receive rebates under the Program must (1) abide by the terms and conditions listed herein; (2) have the EV charging port(s) metered through a PCEA account number; (3) comply with Program Standards and Requirements (“Program Requirements”) in Appendix A; (4) provide PCEA with Required Installation Verification Documents as specified in the Program Requirements upon completion of the project. 2. REBATE RESERVATION TERM AND AMOUNT: The amounts of the rebates for which qualifying projects are eligible are outlined in Program Requirements. Rebate funds are reserved upon execution of this Agreement up to the maximum amount identified in the Program Requirements based on the “EV Charging Infrastructure Project Description” (hereinafter, the Project, see page 1 above). The funds are reserved according to the Fund Reservation Period timelines outlined in the Program Requirements and any modifications to the timelines are at the discretion of PCEA. Rebates will be paid to eligible Rebate Recipient once installation is verified as complete by PCEA. The final amount of the rebates will be the actual eligible costs of verified EV Charging Infrastructure installed or the maximum amount reserved, whichever is less. 3. DISCRETION ON VERIFICATION: Determinations regarding verification pursuant to paragraph (1) and paragraph (2) of these Terms and Conditions, shall be determined at PCEA’s complete and exclusive discretion. 4. REBATE RECIPIENT: The Applicant may direct the rebate funds to any Rebate Recipient, who is a single vendor or service provider incurring costs for the Project up to the amount of documented costs incurred by that Rebate Recipient. The Rebate Recipient shall be identified in the Installation Verification Form submitted upon project completion to request disbursement of the rebate. 5. NO GUARANTEES: PCEA makes no guarantee, representations or warranties, expressed or implied, regarding the implementation or use of EV Charging Infrastructure and equipment purchased or installed pursuant to this PCEA Program. Customer is solely responsible for any liability, legal or otherwise, arising from the installation, operation, and maintenance of its selected EV Charging Infrastructure. 6. EVSE PACKAGE: Upon approval of the Funds Reservation Agreement by PCEA, for Level 2 EV Charging Ports, as defined in Appendix A, Program Requirements, the Customer shall select and procure EV Supply Equipment (EVSE), software, and network services as required and in compliance with the Equipment Requirements outlined in the Program Requirements. Customer shall install, operate and maintain the number and type of the EVSE unit(s) (defined in Program Requirements), associated equipment, and signage as selected by Customer and approved by PCEA. Customer acknowledges that: a. For all Level 2 EV charging port(s) included in the project, the Customer agrees to purchase a) a minimum 2-year software and networking service agreement and b) a maintenance contract or a 3-year warranty with the Electric Applicant Signature Date
Peninsula Clean Energy Representative Signature Title Date

6.7 Attachment 2 - Rebate Reservation Agreement

110

V 1.12.23
Vehicle Servicer Provider (EVSP) or Original Equipment Manufacturer (OEM) providing the EVSE to the Customer. 7. ADDITIONAL SERVICES FROM ELECTRIC VEHICLE SERVICE PROVIDER (EVSP): Separate and apart from the Funds Reservation Agreement and PCEA’s obligations under the Program, the EVSP may offer and contract directly with the Customer to provide any additional or complementary services, as long as these services do not interfere with the objectives of the Program. PCEA is not responsible for the costs of additional EVSP services or any cost related to operations and maintenance of any additional EVSP services. 8. INSTALLATION OF EV CHARGING INFRASTRUCTURE: Customer is responsible for covering all upfront costs of the installation of the EV Charging Infrastructure. Upon completion of installation of the EV Charging Infrastructure, Site Owner understands it is responsible for the operation and maintenance of the EV charging port(s) installed. 9. CONTRACTOR REQUIREMENTS: All work performed on projects under this agreement shall be done by contractors who hold a valid California C-10 license. PCEA reserves the right to amend and change contractor requirements at any point during the program. 10. EV DRIVERS RIGHT TO ACCESS: Customer may limit the availability of the EV Charging Infrastructure to its employees or tenants. Under the Program, Customer may elect to make the EV Charging Infrastructure available for use by the general public. Customer shall not restrict access to use of the EV Charging Infrastructure for reasons including, but not limited to, race, color, religion, age, sex, national origin, ancestry, physical or mental disability, or any basis prohibited by applicable law. 11. APPLICABLE LAWS: Customer is solely responsible for ensuring that the EV Charging Infrastructure is installed and operated in compliance with all applicable local, state, and federal laws. 12. EV CHARGING PORT(S) OPERATION AND MAINTENANCE: Customer will pay all ongoing costs associated with the EV Charging Infrastructure. Customer shall maintain a consistent uptime for the EV Charging Port(s) installed. Customer shall maintain the common area immediately surrounding the EV Charging Infrastructure in good condition, ordinary wear and tear accepted, and will promptly notify PCEA of any problems it is aware of related to the EV Charging Infrastructure. Such maintenance by Customer of the immediately surrounding common areas shall include, but not be limited to, pavement maintenance. Customer shall promptly notify PCEA if Customer will no longer maintain the installed EV Charging Infrastructure and/or the installed EV Charging Infrastructure is being removed from Customer’s site. Uninterrupted service is not guaranteed, and Pacific Gas & Electric (PG&E) may interrupt service and access to the EV Charging Infrastructure when necessary to ensure safety or to perform maintenance as dictated by utility easement agreements and requirements. 13. PERMISSION TO USE DATA: For all EV Charging Infrastructure installed that are capable of collecting and reporting usage and utilization data, Site Owner agrees to allow PCEA and its authorized Contractors to access, collect, use, and report EV Charging Infrastructure usage and utilization data gathered as a part of the Program for use in regulatory reporting, ordinary business use, industry forums, case studies, or other similar activities, in accordance with applicable laws and regulations. PCEA and its authorized Contractors shall have access to the EV Charging Infrastructure usage and utilization data indefinitely and in accordance with all applicable laws, including but not limited to PCEA privacy guidelines and relevant regulatory decisions. 14. DEMAND RESPONSE and LOAD SHAPING PROGRAMS: Customer agrees that PCEA may, at its discretion enroll all networked EV charging port(s) units installed under the Program in any future demand response, grid optimization, and/ or load shaping programs implemented by PCEA. Future load shaping program will, by design, not incur any additional costs or expenses to Customer. The load shaping program will aim to curtail energy usage for each charging port during a predefined period established by PCEA. These curtailments will be designed to minimally impact EV drivers that are charging during these times whenever possible. Customers will be provided an appropriate mechanism to opt-out before the program is implemented. 15. TAX LIABILITY and CREDITS: PCEA is not responsible for any taxes which may be imposed on Customer as a result of the rebates provided within the Program. Site Owners receiving incentives from either the Program and/or other regional organizations, including, but not limited to, the Bay Area Air Quality Management District, that have been facilitated through assistance from PCEA are required to designate their Low Carbon Fuel Standard (LCFS) credits to PCEA. Customer attests they are releasing their rights to report and claim credits in the LCFS and are designating credits in the LCFS to PCEA

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111

V 1.12.23
(FEIN 81-2708786) on an ongoing basis. Customer will inform third-party entities when necessary, including CARB, that the LCFS credits generated by their installed EVSE are designated to PCEA on an ongoing basis. Customer will provide the EVSE usage and electricity data to PCEA for LCFS reporting pursuant to CARB sections 95483.2(b)(8), 95491 and 95491.1. Customer will provide PCEA with ongoing access to EV charging data through the use of a login to the online account and/or an application program interface (API), a dashboard with exportable data files, or other means to access the charging data. 16. DISPUTES: Except where otherwise limited by law, PCEA reserves the right, at its sole discretion, to make final determinations regarding any disputed issues about the Program, including but not limited to eligibility and rebate amounts. In the event of a dispute that cannot be remedied by the parties, any court filings and/or proceedings shall be venued in San Mateo County, California. PCEA shall in no case be responsible for the legal costs of Site Owner and/or Designated Applicant. 17. PROGRAM CHANGES: PCEA reserves the right to change, modify, or terminate the Program at any time without any liability except as expressly stated herein. PCEA will honor all written commitments made in the Funds Reservation Agreement provided to Customers prior to the date of any change, modification or termination of this program, provided that project installations are fully completed within the timeframe specified within the Program Requirements. 18. PROGRAM EXPIRATION: The Program will expire upon the earliest to occur: (i) December 31st, 2024, (ii) when funds are depleted, or (iii) when the program is terminated by PCEA. 19. INDEMNIFICATION: Applicant agrees to indemnify, defend, and hold PCEA, its employees, officers, and agents, harmless from any and all liabilities including, but not limited to, litigation costs and attorney's fees arising from any and all claims and losses to anyone who may be injured or damaged by reason of Customer's negligence, recklessness or willful misconduct while participating in the PCEA Program. 20. ACKNOWLEDGEMENTS: Customer shall acknowledge PCEA as a funding source of the installed EV Charging Infrastructure each time Customer’s activities related to the EV Charging Infrastructure are published in any news media, press release, brochures, or other type of public communication or promotional material. The acknowledgement of PCEA’s support as a funding source, whether in whole or in part, shall include language such as: “Funding for [Customer Site Name]’s charging station(s) provided by Peninsula Clean Energy.” If Customer is receiving funding from multiple organizations, Customer may use one statement conforming to the format listed above and include all organizations from which funding is received. PCEA also reverses the right to install stickers, signage, or other advertisement mechanism on the EV charging port(s) funded or facilitated by PCEA. 21. CUSTOMER DISCLOSURE AUTHORIZATION: By signing the Funds Reservation Agreement, Applicant confirms they are the authorized representative for the electric account holder identified in the Funds Reservation Agreement and authorized PCEA to disclose Customer’s account status and participation in the PCEA Program. If Applicant is not the authorized representative for the electric account holder identified in the Funds Reservation Agreement, the Applicant certifies that they have submitted a Third Party Designated Applicant Assignment Form to verify that the Site Owner has delegated authority to the Applicant to represent the Site Owner and execute the Funds Reservation Agreement.

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2075 Woodside Road | Redwood City, CA | 94061 | 650.260.0005 | PenCleanEnergy.com V 11.3.22 Peninsula Clean Energy EV Ready Program Standards & Requirements Overview Peninsula Clean Energy Electric Vehicle (EV) Ready is an EV charging infrastructure program to support multi-family, workplace, and public charging in San Mateo County and the City of Los Banos by providing incentives for the installation of Level 1, Level 2, and Make Ready charging infrastructure. Approximately $8 million in incentives funding is available. In addition to the incentives outlined in this document, Peninsula Clean Energy is providing free technical assistance to sites to help design their projects. 1. Definitions a. Affordable Housing – Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income. b. EVSE – Electric vehicle supply equipment. Conductors, including ungrounded, grounded, and equipment grounding conductors, and the EV connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the EV (NFPA 70-2017, Article 625). c. Electric vehicle (EV) charging Port – a 120V – 240V AC outlet or J1772 connector on an EVSE which charges one vehicle at a time. d. Electric vehicle (EV) charging infrastructure – refers to all electrical infrastructure, including, electrical panels, circuits, wire, conduit, raceway, and other materials required to bring power from a panel to an EV charging port, and the EV charging port, or electric vehicle supply equipment. e. Level 1 (L1) Outlet – Level 1 outlets offer charging through a 120V AC circuit, providing about 50 - 60 miles of range over a 12-hour overnight charge. EV drivers bring their own charging cord. f. Level 2 (L2) Outlet – Level 2 outlets offer charging through a 208 – 240V AC circuit, providing about 12 - 24 miles of range per hour. EV drivers bring their own charging cord. g. L2 Charging Stations, L2 EVSE, or L2 Charge Ports – charging stations that offer charging on a 208V - 240V AC circuit, providing about 12-24 miles of range per hour. EV drivers plug the charger’s cord into their vehicle. h. Make Ready Projects or Ports – Projects that build, construct, and install the electrical infrastructure, including transformers, panels, wire, conduit, breakers, required for a L2 EVSE, but do not install the EVSE. i. Multi-Unit Dwelling (MUD) – Multi-family residential buildings with four or more residential units. j. Electric Vehicle Service Provider (EVSP) – An EVSP provides the connectivity across a network of charging stations. Connecting to a central server, they manage the software, database, and communication interfaces that enable operation of the station. k. Employee Parking – Parking that is assigned or dedicated to employee parking only and not accessible by the general public.

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2. Program Segments & Funding a. Eligibility Summary of Eligible Property and Project Types Measure Type Multi-Unit Dwellings Non-Residential L1 or L2 Outlet Eligible Eligible L2 EVSE Eligible Eligible Main Panel Upgrade Eligible Not Eligible Make Ready Project Eligible Eligible Eligible Residential Locations • All multi-family housing (apartments, condos, etc.) with 4 or more housing units. Installations must be in open parking areas or garages. Assigned parking spaces are eligible, as long as they are not located inside private, dedicated, garages with access to only a single residential unit (see “Parking Type” below for more details and exceptions). Eligible Non-Residential Locations • Employee Parking, including light-duty fleet • All Publicly Accessible Non-Residential Locations o Retail, hotels, malls, parking garages, curbside charging, etc., must be open to the general public. o Government locations such as parks, libraries, government offices, city/county-owned garages, etc., must be open to the general public. To be eligible for program funding, all projects must comply with the following requirements: 1. Location: Property is located within San Mateo County or the City of Los Banos. 2. Customer Type: EVSE or circuit will be electrically connected to a meter associated with a Peninsula Clean Energy customer account. a. EXCEPTION: If the site is a MUD, then the stations may be installed on a non-Peninsula Clean Energy meter, provided the main or primary building meter is associated with a Peninsula Clean Energy account. 3. Contractor Requirements: All work performed on projects under this agreement must be performed by contractor companies that hold a valid California C-10 license. PCEA reserves the right to amend and change contractor requirements at any point during the program. 4. Installation Requirements: Installations must comply with all federal, state, and municipal laws, ordinances, rules, codes, standards, and regulations. 5. Funding Requirements: Funds are not retroactively available to projects where the equipment was already purchased, or installation costs have been incurred, prior to approval by Peninsula Clean Energy. 6. Local Codes & Regulations: Installations must be voluntary and surplus—charging stations that are required to be installed by a regulation, local ordinance, building code, or other legal obligations (e.g., legal settlement, condition of lease agreement or use permit, EV-readiness ordinance) are NOT eligible, except for installations at Affordable Housing and public agencies. 7. Parking Type: Installations must be in parking areas or garages that are open to residents, employees, public visitors, etc. Installations cannot be located inside private garages with access to only a single residential unit.

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a. Assigned parking spaces are eligible. b. Garages that are only accessible by a single residential unit are not eligible, unless electricity to this area is provided by a common/shared electrical meter. b. Affordable Housing Funds Reservation The program will reserve $1 million towards Affordable Housing charging installation projects, including at both existing Affordable Housing and new construction projects. Funding will be protected for up to 2 program years after which the allocation of funds will be re-assessed and any unreserved funds may be reallocated to the program funding pool and be eligible to fund other projects. Peninsula Clean Energy will notify applicants with incomplete projects of pending fund re-allocation 90 days before the expiration date. c. Multi-Unit Dwellings Funds Reservation The program will reserve $3.5 million towards charging installation projects at MUD properties, inclusive of the $1 million reserved for Affordable Housing projects. Funding will be protected for up to 2 program years after which the allocation of funds will be re-assessed and any unreserved funds may be reallocated to the program funding pool and be eligible to fund other projects. Peninsula Clean Energy will notify applicants with incomplete projects of pending fund re-allocation 90 days before the expiration date. d. Public Agency Funds Reservation The program will reserve $1.5 million toward charging installation projects at public agency properties. Funding will be protected for up to the beginning of Q4 2023 after which the allocation of funds will be re-assessed and any unreserved funds may be reallocated to the program funding pool and be eligible to fund other projects. Peninsula Clean Energy will notify applicants with incomplete projects of pending fund re-allocation 90 days before the expiration date. e. Combining Incentives Installations may be eligible for additional funding programs such as CALeVIP, BAAQMD Charge! Program, etc. When customers combine incentives from multiple sources, Peninsula Clean Energy Incentives may be reduced so total incentives do not exceed the applicable caps indicated in the incentive table below. The site eligibility, as outlined in the eligibility section, applies to all program segments unless otherwise designated or outlined within the program segment descriptions below.

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3. Installation Requirements Please review each section for more details on charging hardware requirements, and property qualifications and site eligibility. a. Level 1 (L1) or Level 2 (L2) Outlet (110/120V or 208 – 240V, 15A – 50A circuit) i. Hardware Requirements 1. Power Supply: 1.4 kW minimum 2. NEMA 110/120V or 208 – 240V receptable, heavy duty, commercial, or industry grade 3. Ground Fault Circuit Interrupter (GFCI) receptacle 4. Must meet indoor or outdoor NEC requirements per installation location ii. Software Requirement 1. N/A iii. Operational Requirements 1. Operating Period: a. Mandatory 3-year operation period b. Level 2 (L2) EVSE (208 - 240V, 20A – 80A circuit) i. Hardware Requirements 1. J-1772 standard commercial grade charging receptacle 2. NEMA 3R rated (outdoor rated hardware) minimum 3. 6.2 kW minimum capable power supply. Actual operating draw may be lower when controlled by power management 4. Must be Energy Star Certified 5. Hardware must be new; no refurnished or repurposed equipment can be installed (e.g., equipment previously used as display) ii. Software Requirements 1. Communication Protocols: a. Must use an open standard protocol, such as Open Charge Point Protocol (OCPP) 2. Billing a. Must accept some form of credit card and at least one additional form of payment (if payment is required) iii. Installation & Operational Requirements 1. EVSE Procurement: a. Vendors must have installed and/or operated chargers in the United States for at least three years 2. Operating Period: a. Mandatory 3-year operation period with standardized data reporting frequency established in the Program Terms & Conditions 3. Networking Agreement a. Mandatory 2-year networking agreement with EVSP network c. ‘Make Ready’ Retrofit Projects EV Charger Incentives provides funding to create Make Ready Spaces by installing infrastructure for future EVSE installation. Make Ready Spaces: Installations with complete 20A – 80A circuits, but does not install the EV charging port(s) or outlets.

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4. Incentive Amounts $3.5 million in program funding is reserved for multi-unit dwelling property types, including $1 million in reserved funding for Affordable Housing projects and $1.5 million in program funding is reserved for public agency properties (outlined in Program Segments & Funding, (a) Eligibility). Property Category Property Type Measure Type Port Incentive Applicable Cap1 Existing Building
Multi-Unit Dwelling
L1 or L2 outlet $2,000 No cap L2 EVSE port $5,500 Up to 75% of project cost, maximum $90,000 per property Main panel upgrade2 $5,000 Up to $5,000 per property Affordable Housing Multi-Unit Dwelling
L1 or L2 outlet $2,500 No cap L2 EVSE port $5,500 Up to 100% of project cost, maximum $90,000 per property Main panel upgrade2 $5,000 Up to $5,000 per property Employee Parking L1 or L2 outlet $2,000 No cap L2 EVSE port $5,000 Up to 75% of project cost, maximum $90,000 per property All Publicly Accessible Non-Residential Locations3 L1 or L2 outlet $2,000 No cap L2 EVSE port $5,000 Up to 75% of project cost, no maximum Any Make ready circuit4 $2,000 Up to $20,000 per property New Construction6
Market Rate Multi-Unit Dwelling (Above Code5)
L1 or L2 outlet $1,000 No cap L2 EVSE port $2,000 Up to $40,000 per property Affordable Housing Multi-Unit Dwelling L1 or L2 outlet $1,500 No cap L2 EVSE port $2,500 Up to $100,000 per property Public Agency L1 or L2 outlet $1,000 No cap L2 EVSE port $2,000 Up to $250,000 per property 1 Maximum incentive award is up to 100% of project cost – maximum port incentive or applicable cost, whichever is less, unless otherwise stated 2 Must install 4 or more ports to be eligible for the main panel upgrade incentive. 3 Publicly-Accessible Non-residential locations are defined in Section 2 Program Segments & Funding. 4 Can not be layered with L2 incentives from other programs to fund the same port. 5 Market rate above code incentive covers voluntary and surplus charging stations from those required to be installed by a regulation, local ordinance, building code, or other legal obligations. 6 If a new construction project is a multi-use site and is eligible for multiple incentive categories, the site owner must select which property type category and corresponding incentive structure to apply for.

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5. Eligible Project Costs All incentives are capped at a percentage of project costs. Project costs can only include the monetary cost required to install the EVSE included within the project scope. Peninsula Clean Energy requires itemized invoices fully documenting the project costs prior to issuing the incentive payment. The following costs are considered eligible project costs when determining the incentive cap: • Utility service upgrades, net of any utility service allowance • Design & engineering services • EVSE (EV charging ports and outlets) • EVSE service, warranty, and O&M agreements • Installation costs § Materials (conduit, panels, wire, etc.) § Labor § Civil (trenching, backfill, curb cutting, etc.) • Project signage • Required ADA upgrades due to charging project • Load management, or ‘power sharing’ equipment • Adder Hardware o ‘Networked’ L1 charging management systems; for example, networked energy monitors, energy controllers, or outlets added to the project to create a ‘networked’ L1 charging station must enable: § Wi-Fi or cellular connectivity and the ability to interface with third party API § Data collection of charging events and sessions (including total kWh delivered per session, start and stop time of session, location of session, and unique station identifying serial number) and wireless transmission of those data

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6. Funds Reservation Period The Funds Reservation Period begins when Peninsula Clean Energy approves an incentives application. All project applications approved for an incentive rebate must submit a preliminary site plan within 60 days from the beginning of the Funds Reservation Period. For project application that are a designated Applicant, the applicant must show evidence that the preliminary site plan has been approved by the property owner or site host. Applicants that do not provide a preliminary site plan within 60 days of the Funds Reservation period will be cancelled at Peninsula Clean Energy’s discretion. All project applications approved for an incentive rebate must also be completed and required verification submitted to Peninsula Clean Energy within the timeline outlined below. Peninsula Clean Energy reserves the right to extend the Funds Reservation Period or progress milestones at its discretion. Property Category Property Type Unit Type Funds Reservation Period Existing
Multi-Unit Dwelling L1 outlet 270 days L2 EVSE port Affordable Housing Multi-Unit Dwelling L1 outlet 365 days (12 months) L2 EVSE port Employee Parking & All Publicly Accessible Non-Residential Locations L1 outlet 270 days L2 EVSE port
Any Make Ready circuit
New
Market Rate Multi-Unit Dwelling (Above Code)
L1 outlet Reservation period: 2 years (up to 9 months prior to program termination) Required progress milestones to maintain the reservation: • Design drawing showing scope of EV charging by 6 months, and • Copy of approved building permit by 12 months L2 EVSE port Affordable Housing Multi-Unit Dwelling L1 outlet Reservation Period: 3 years (up to 9 months prior to program termination) Required progress milestones to maintain reservation: • Submit confirmation of “Notice to Proceed” documentation L2 EVSE port Public Agency L1 Outlet 365 days (12 months) L2 EVSE Port

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7. Required Installation Verification Documents 1. Purchase invoice for equipment. Invoice must be marked as paid. 2. Purchase invoice for all installation costs. Invoice must be marked as paid i. If the project required a panel upgrade, the invoice must explicitly list this cost in a separate line item and only include those hardware or installation costs associated with the panel 3. Design invoice for engineering and design costs 4. Copy of permits: local agency, and (if applicable) utility permits/service orders 5. Pictures of the following: i. At least 2 photos of installed and operational EV Charging ports, which also clearly displays PCEA labeling (to be provided by PCEA to the site) ii. Photos of equipment serial numbers iii. If the project required a panel upgrade, please provide a picture of the new panel displaying all the circuits 6. Copy of a network agreement (2 years for L2) 7. Copy of an operation and maintenance contract or minimum 3-year warranty with EVSE vendor 8. Authority Having Jurisdiction on electrical inspections Inspection Card, including inspector sign-off 9. PCE reserves the right to request additional documentation as needed for demonstration of compliance with program requirements and audit Customer documents and attestations at its sole discretion.

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4 DATE: April 15, 2024

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

FROM: Stefan Chatwin, City Manager
Benjamin L. Stock, City Attorney
DEPARTMENT: Administrative Services
SUBJECT: RATIFICATION OF PROCLAMATION OF LOCAL EMERGENCY

BY THE CITY MANAGER RELATED TO MAJOR DAMAGE TO

MAIN WATER PIPELINE

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution ratifying the Proclamation of Local Emergency issued by the City Manager of the City of Foster City related to major damage to the City’s main water pipeline.

EXECUTIVE SUMMARY
At approximately 8 a.m. on Sunday, April 7, 2024, a break in the City’s main water line was discovered along E. Third Avenue north of Foster City Boulevard. This break caused significant damage to the City’s water pipeline and it was determined that if the repair could not be made, the City’s water supply could be severely impacted. City staff responded immediately and began to locate and fix the leak but determined that outside resources were necessary. As a result of the conditions of disaster, the City Manager, in his capacity as Director of Emergency Services, determined that a “local emergency”1 existed and issued a Proclamation of Local Emergency on April 8, 2024.

Pursuant to Government Code section 8630(b), the City Council must ratify the Proclamation of Local Emergency within seven days of its issuance. 1 As that term is defined in Section 2.40.020 of the Foster City Municipal Code (“FCMC”).

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4 BACKGROUND
Government Code section 8630 and section 2.40.070 (A) of the FCMC empower the Director of Emergency Services to proclaim the existence of a local emergency when the City of Foster City is affected or likely to be affected by an emergency. Whenever a local emergency is proclaimed, however, it cannot remain in effect for a period in excess of seven days unless it has been ratified by the governing body. Once a local emergency is proclaimed, the governing body of the local agency must review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency, which should occur at the earliest possible date that conditions warrant.

Public Contract Code 22050 and Chapter 3.04 of the FCMC provide that during an emergency, a public agency, may take immediate action required by that emergency to procure the necessary equipment, services and supplies without giving notice for bids to let contracts. Under Public Contract Code 22050 the governing body must review the Proclamation and need for continuing the emergency at every regular meeting and approve by a four-fifths vote until the emergency is terminated.

ANALYSIS
The City’s main water pipeline providing potable water to the City residents and businesses sustained major damage on April 7, 2024 resulting in significant loss of water to the City. On Monday, April 8, 2024, the City Manager, acting as Director of Emergency Services, determined that conditions of disaster to persons and property within the City were met due to the significant damage to the water pipeline that could impact water supply. At that time, the City was drawing water from its reserves and a connection to backup supply from Midpeninsula Water District was established and staff were monitoring use and storage levels while the repairs were being made. The conditions and the needed response were also determined to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the use of outside contractors to conduct emergency repairs.

As a result of the foregoing conditions, the City Manager issued a Proclamation of Local Emergency on April 8, 2024. (See Attachment 1). The City Clerk’s Office provided written notification of the Proclamation to the appropriate departments within San Mateo County and the California Governor’s Office of Emergency Services pursuant to Government Code 8607.

Due to the diligent efforts of staff and the City’s contractor, the main water pipeline was repaired by the evening hours on April 8, 2024. As a result of the repair, service was restored to normal by 9 p.m. on April 8, 2024, and water reserve levels were replenished by end of day on April 10.

The City Council is now being asked to ratify the Proclamation of Local Emergency issued on April 8, 2024, so that the City may be potentially eligible to receive governmental aid for the emergency response. City staff is monitoring the repair and it

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4 is anticipated that the Proclamation of Local Emergency may be terminated at the next regular meeting of the City Council on May 6, 2024, if there are no further issues with the pipeline.

California Environmental Quality Act
The ratification of the Proclamation is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately.

FISCAL IMPACT
The City has incurred certain costs in responding to the storm, including overtime for the Public Works, although the exact amount is yet to be determined.

Ratification of the Proclamation will facilitate the ability for the City to request resources including potential financial support and reimbursement from the State and other governmental agencies for costs incurred in response to this emergency.

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

Attachment 1 – Resolution
Attachment 2 – Proclamation of Local Emergency

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RESOLUTION NO. _____

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

RATIFYING THE PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY BY

THE CITY MANAGER OF THE CITY OF FOSTER CITY RELATED TO MAJOR DAMAGE TO THE CITY’S MAIN WATER PIPELINE

CITY OF FOSTER CITY
WHEREAS, Government Code section 8630 and section 2.40.070 (A) of the Municipal Code empower the Director of Emergency Services to proclaim the existence of a local emergency when the City of Foster City (“City”) is affected or likely to be affected by an emergency, as that term is defined in Section 2.40.020 and the City Council is not in session; and
WHEREAS, the Director of Director of Emergency Services is identified in the Municipal Code as the City Manager; and
WHEREAS, the City’s main water pipeline providing potable water to the City residents and businesses sustained major damage on April 7, 2024 resulting in significant loss of water to the City; and
WHEREAS, the City Manager, acting as Director of Emergency Services, did find that conditions of disaster to persons and property within this City were met due to the significant damage to the water pipeline that could impact water supply; and WHEREAS, in response to these developments, the City Manager in his capacity as the City’s Director of Emergency Services proclaimed the existence of a local emergency on April 8, 2024 at approximately 12:35 p.m.; and WHEREAS, these conditions and the needed response are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the use of outside contractors to conduct emergency repair pursuant to Foster City Municipal Code Chapters 2.40, 3.04 and without giving notice for bids to let the contract, pursuant to Public Contract Code 22050; and
WHEREAS, as contemplated in the Emergency Service Act contained in Government Code Section 8550 et seq., including Section 8558(c), a local emergency exists because of the existence of conditions of disaster to the safety of persons and property within the City caused by the aforesaid conditions which are beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, the City Clerk has provided written notification of this Proclamation and other necessary documents to the appropriate departments within San Mateo

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County and the California Governor’s Office of Emergency Services pursuant to Government Code 8607.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby resolve, declare, determine, and order as follows:

1.The Proclamation of Existence of a Local Emergency executed on April 8, 2024, attached hereto as “Attachment A” is hereby ratified and approved by the City Council; and

2.In accordance with Government Code section 8630, this local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Foster City, and it shall be terminated at the earliest possible date that conditions warrant.

3.The City Council shall review this Resolution as necessary pursuant to Government Code section 8630 and Public Contract Code section 22050 until the Proclamation is terminated.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________

PATRICK SULLIVAN, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

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PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY BY THE CITY

MANAGER OF THE CITY OF FOSTER CITY RELATED TO MAJOR DAMAGE TO

WATER PIPELINE

WHEREAS, Government Code section 8630 and section 2.40.070 (A) of the Municipal Code empower the Director of Emergency Services to proclaim the existence of a local emergency when the City of Foster City (“City”) is affected or likely to be affected by an emergency, as that term is defined in Section 2.40.020 and the City Council is not in session; and

WHEREAS, the Director of Emergency Services is identified in the Municipal Code as the City Manager; and

WHEREAS, the City’s main water pipeline providing potable water to the City residents and businesses sustained major damage on April 7, 2024 resulting in significant loss of water to the City; and

WHEREAS, the City Manager, acting as Director of Emergency Services, does find that conditions of disaster to persons and property within this City have been met due to the significant damage to the water pipeline that could impact water supply; and

WHEREAS, these conditions and the needed response are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City, requiring the use of outside contractors to conduct emergency repair pursuant to Foster City Municipal Code Chapters 2.40, 3.04 and without giving notice for bids to let the contract, pursuant to Public Contract Code 22050; and

WHEREAS, the City Council is not in session and cannot immediately be called into session; and

WHEREAS, this Proclamation shall be subject to confirmation by the City Council within seven days of execution; and

WHEREAS, the City will provide written notification of this Proclamation and other necessary documents to the appropriate departments within San Mateo County and the California Governor’s Office of Emergency Services pursuant to Government Code 8607.

DocuSign Envelope ID: C7ADDDFF-11B8-41C8-BB09-9E9A27477259

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NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said City.

IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers functions and duties of the emergency organization of this City shall be those prescribed by state law, by ordinances, and resolutions of this City, and that this emergency proclamation shall expire on April 15, 2024 unless ratified and extended by the City Council of the City of Foster City.

Dated: April 8, 2024 ________________________________ Stefan Chatwin, City Manager

DocuSign Envelope ID: C7ADDDFF-11B8-41C8-BB09-9E9A27477259

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DATE: April 15, 2024

TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager

FROM: Edmund Suen, Finance Director
Waqas Hassan, Assistant Finance Director
Mimi Lam, Financial Services Manager
DEPARTMENT: Finance
SUBJECT: PUBLIC HEARING ON MASTER FEES AND SERVICE CHARGES FOR FY 2024-2025

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors hold a public hearing on the proposed changes to the Master Fees and Service Charges Schedule. After considering the staff report and public testimony, it is further recommended that the City Council/EMID Board adopt the attached resolutions approving the Master Fees and Service Charges Schedule for Fiscal Year 2024-25, effective July 1, 2024.

EXECUTIVE SUMMARY
At the March 25, 2024 Budget Study Session, the City Council/EMID Board reviewed and provide direction for City staff to update the Master Fees and Service Charges Schedule (“Schedule”). The updated schedule (Attachment 3) has incorporated such direction and includes fees and charges adjustments from the Community Development, Parks and Recreation, and Public Works Departments. At this time, it is appropriate to hold a public hearing on these proposed changes and, subject to public testimony and other direction provided by the City Council/EMID Board, approve the Master Fees and Service Charges Schedule for FY 2024-25 with an effective date of July 1, 2024.

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BACKGROUND
The last time the City/District conducted a user fee study (along with a cost allocation plan) was in 2023 (for use in the FY 2023-24 Master Fees and Service Charges Schedule). It is generally considered best practice to update user fee studies every 4 to 6 years. A user fee study provides a defensible methodology for calculating fees for service and determining the full cost recovery potential of individually-based services.

The City’s selected consultant, Willdan Financial Services conducted the update last year and staff from the various City departments presented their suggested fee adjustments for cost recovery purposes; the updated Schedule was approved by the City Council/EMID Board on May 1, 2023
Staff from various departments brought forward their suggested updates again this year and sought policy guidance from the City Council/EMID Board at the March 25, 2024 Study Session. Based on the direction provided by Council/EMID Board, Staff has prepared recommended Schedule (Attachment 3) for the City Council/EMID Board’s approval for the April 15 public hearing.

ANALYSIS
It is recommended that the City Council/EMID Board hold a public hearing prior to approving adjustments to the fees and charges in the Schedule for FY 2024-25 with an effective date of July 1, 2024 (after allowing for a minimum 60 days for development fee adjustments to take effect). As noted in the March 25, 2024 Staff Report, the Building Division recommends using the annual California Department of General Services Building Cost Index to adjust its building fees annually. Impact fees (Affordable Housing Commercial Linkage Fees, Below Market Rate Housing In-Lieu Fees, Parks Facilities Impact Fees, Public Safety Impact Fees, Transportation Impact Fees, Water Connection Fees, and Wastewater Connection Fees) will be adjusted annually using December Engineering News Record Construction Cost Index (ENR CCI) as indicated in previously completed Impact Fee studies. Other fees and charges will be adjusted annually using the San Francisco Area (San Francisco-Oakland-Hayward) December 12-month CPI-U cost inflator. For other fees and charges adjustments from the Community Development, Parks and Recreation, and Public Works Departments, refer to the March 25, 2024 Staff Report: Link
As directed by Council during the Study Session, for the Parks and Recreation Department, staff has updated the Schedule to include a line item for the patio area as an available reservation option in the proposed Vibe Rental Structure. Staff has also noted the direction to delay review of the proposed Community Garden Fees until staff has had an opportunity to present the Community Garden Pilot Program at a future Council meeting.

Additionally, in the current Schedule, “Notary Fee” is inadvertently listed as “$15 per document”, whereas it needs to be corrected to state “$15 per signature”. All

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notarization in the state of California is subject to the California Government Code Section 8211. California law has put a cap on the maximum fees a notary may charge, without exceeding the maximum limit, which is $15 per signature in California. This includes writing the certificate, affixing the notary stamp, and acknowledging the signature. The $15 fee is also the maximum charge for performing a jurat and affixing the seal to the document. Therefore, Staff would like to correct the current fee from $15 per document to $15 per signature to be in line with what most other retailers who provide this service, like UPS, would charge for such a service. Staff would also like to note that it does take more staff time to process additional signatures, and charging per signature versus per document would ensure that there is accurate cost recovery for notarial services.

Lastly, a separate public hearing for increases in water and wastewater rates is planned for June 3, 2024, based on Proposition 218‘s 45 day noticing requirements.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
The adoption of an updated Master Fees and Service Charges Schedule provides for the cost recovery of various individually based services.

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

ATTACHMENTS
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Proposed Master Fees and Services Charges Schedule for FY 2024-25

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RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AMENDING THE MASTER FEES AND SERVICE CHARGES SCHEDULE FOR FY 2024-2025

CITY OF FOSTER CITY
WHEREAS, the City Council adopted a Master Fees and Service Charges Schedule; and
WHEREAS, adjusting the Master Fees and Service Charges will provide an updated reflection on the cost recovery of providing services to the City’s customers; and WHEREAS, the proposed fees do not exceed the reasonable cost of providing services to the public; and
WHEREAS, a Notice of Public Hearing has been published and posted and said public hearing was held on April 15, 2024; and
WHEREAS, the City Council finds that the proposed fees reflect the cost recovery of providing services.

NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Foster City that:

1. The attached Master Fees and Services Charges Schedule (Exhibit A) shall become effective on July 1, 2024; and

2. The City Council finds that adjustments in Master Fees and Service Charges are necessary to reflect the cost recovery of providing services.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 15th day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 1 - City Resolution

131

RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AMENDING THE MASTER FEES AND SERVICE CHARGES SCHEDULE FOR FY 2024-2025

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Board of Directors of the Estero Municipal Improvement District adopted a Master Fees and Service Charges Schedule; and WHEREAS, adjusting the Master Fees and Service Charges will provide an updated reflection on the cost recovery of providing services to District customers; and WHEREAS, the proposed fees do not exceed the reasonable cost of providing services to the public; and
WHEREAS, a Notice of Public Hearing has been published and posted and said public hearing was held on April 15, 2024; and
WHEREAS, the Board of Directors finds that the proposed fees reflect the cost recovery of providing services.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that:

1. The attached Master Fees and Services Charges Schedule (Exhibit A) shall become effective on July 1, 2024; and

2. The Board of Directors of the Estero Municipal Improvement District finds that adjustments in Master Fees and Service Charges are necessary to reflect the cost recovery of providing services.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 15th day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICK SULLIVAN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

7.1 Attachment 2 - EMID Resolution

132

REF. NO. REVENUE TITLE FY 2023-24 Proposed FY 24-25
Community Development
CDB-01 Plan Checking Fees
1st Plan Check 70% of building fee 70% of building fee
2nd Plan Check No additional cost No additional cost
3rd and following Actual Cost Actual Cost
Express Plan Check $161 Additional 50% of regular plan checking fee except for minor projects like ADUs, JADUs, solar, and electrical charging stations CDB-02 Building Permit Fees (Based on valuation)
A) $1 to 500 $58.82 $64.34
B) $501 to 2,000 $58.82 for the first $500,
+ $7.41 for each additional $100 or
fraction thereof, to and including $2,000
$64.34 for the first $500,
+ $8.10 for each additional $100 or
fraction thereof, to and including $2,000
C) $2,001 to 25,000 $175.43 for the first $2,000,
+ $35.36 for each additional $1,000 or
fraction thereof, to and including $25,000
$191.92 for the first $2,000,
+ $38.68 for each additional $1,000 or
fraction thereof, to and including $25,000
D) $25,001 to 50,000 $993.83 for the first $25,000,
+ $24.61 for each additional $1,000 or
fraction thereof, to and including $50,000
$1,087.25 for the first $25,000,
+ $26.92 for each additional $1,000 or
fraction thereof, to and including $50,000
E) $50,001 to 100,000 $1,614.14 for the first $50,000,
+ $17.48 for each additional $1,000 or
fraction thereof, to and including $100,000
$1,765.86 for the first $50,000,
+ $19.12 for each additional $1,000 or
fraction thereof, to and including $100,000
F) $100,001 to 500,000 $2,507.51 for the first $100,000, + $13.74 for each additional $1,000 or
fraction thereof, to and including $500,000
$2,743.21 for the first $100,000,
+ $15.03 for each additional $1,000 or
fraction thereof, to and including $500,000
G) $500,001 to 1,000,000 $8,123.83 for the first $500,000, + $11.84 for each additional $1,000 or
fraction thereof, to and including $1,000,000
$8,887.47 for the first $500,000,
+ $12.95 for each additional $1,000 or
fraction thereof, to and including $1,000,000
H) $1,000,000+ and up $14,130.39 for the first $1,000,000, + $7.01 for each additional $1,000 or fraction thereof
$15,458.64 for the first $1,000,000,
+ $7.66 for each additional $1,000 or fraction thereof
I) Solar (Photovoltaic) Panels Exempt from Building Permit Fees. Exempt from Building Permit Fees.

J) Kitchen Remodel Building Permit Fee - Flat Rate $438.89 $480.14 K) Single Bathroom Remodel Building Permit Fee Flat Rate $351.61 $384.66 CDB-03 General Plan and Title 15 Building and Title 17 Zoning Ordinance Maintenance Fees 1) $1 to $500 No Fee No Fee
2) Accessory Dwelling Units No Fee No Fee
3) Affordable Housing Projects that are 100% income restricted No Fee No Fee 4) $501 and up 0.50% of the application value above $500 0.50% of the application value above $500 City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule
Proposed Fiscal Year 2024-25

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

133

1. Plumbing Permit Issuance Fee $102.86 $112.52

2. Plumbing Supplemental Permit Issuance Fee (per application) $102.86 $112.52

3. For each trap $26.35 $28.82

4. For each building sewer system $56.70 $62.02

5. For each building water system $26.35 $28.82

6. For each rainwater system per drain $26.35 $28.82

7. For each water heater or vent $26.35 $28.82

8. For each gas piping system (1-5 outlets) $4.15 $4.54

9. For each gas outlet over 5 (per outlet) $4.15 $4.54

10. For each interceptor or grease trap $26.35 $28.82

11. For each repair to a water system $26.35 $28.82

12. For each repair to a drain/vent $26.35 $28.82

13. For each check/backflow (2" or smaller) $26.35 $28.82

14. For each check/backflow (over 2") $56.70 $62.02

15. For each vacuum breaker (1-5) $18.45 $20.18

16. For each vacuum breaker over 5 $4.15 $4.54

17. For fire sprinkler systems $14.65 $16.02

18. For medical gas piping system $190.40 $208.29

19. For each medical gas outlet $18.45 $20.18

20. For graywater system $151.15 $165.35

21. For Plumbing per valuation $13.06 per each $1,000 in valuation or fraction thereof$14.28 per each $1,000 in valuation or fraction thereof CDB-05 Mechanical Permit Fees
Per Unit Fee Schedule (Mechanical)

1. Mechanical Permit Issuance Fee $102.86 $112.52

2. Mechanical Supplement Permit Issuance Fee (per application) $102.86 $112.52

3. For each furnace/heat pump to 100,000 BTU $56.10 $61.37

4. For each furnace/heat pump over 100,000 BTU $68.80 $75.26

5. For each floor furnace $56.10 $61.37

6. For each suspended or wall furnace $56.10 $61.37

7. For each appliance vent $26.95 $29.48

8. For repair to a heating or cooling appliance. $50.95 $55.73

9. For each boiler/comp. to 100,000 BTU (3hp) $55.40 $60.60

10. For each boiler/comp. over 100,000 BTU (15hp) $103.25 $112.95

11. For each boiler/comp. over 500,000 BTU (30hp) $140.75 $153.98

12. For each boiler/comp. over 1,000,000 BTU (50hp) $156.09 $170.76

13. For each boiler/comp. over 1,750,000 BTU (over 50 hp) $156.09 $170.76

14. For each AC unit up to 10,000 CFM $40.00 $43.76

15. For each AC unit over 10,000 CFM $68.45 $74.88

16. For each single duct vent fan $26.95 $29.48

17. For each ventilation system $40.00 $43.76

18. For each hood $40.00 $43.76

19. For each domestic type incinerator $68.80 $75.26

20. For each commercial type incinerator $55.00 $60.17

21. For any other appliance $40.00 $43.76

22. Fireplace Inserts $39.25 $42.93

23. Freestanding Stove $39.25 $42.93

24. For Mechanical per valuation $13.06 per each $1,000 in valuation or fraction thereof$14.28 per each $1,000 in valuation or fraction thereof

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

134

1. Permit Issuance Fee $102.86 $112.52

2. Supplement Permit Issuance Fee $102.86 $112.52

3. For each receptacle/switch/fixture $2.68 $2.93

4. For each circuit $2.68 $2.93

5. For each fixed electrical appliance $11.34 $12.40

6. For each new service to 200 amps $70.05 $76.63

7. For each new service 200 to 1,000 amps $142.10 $155.45

8. For each service upgrade 0 to 1,000 amps $94.80 $103.71

9. For each service upgrade over 1,000 amps $156.09 $170.76

10. For each additional meter $1.56 $1.70

11. For each temporary power pole $56.70 $62.02

12. For each circuit for a sign $56.70 $62.02

13. For each sub-panel $41.70 $45.61

14. For each pool/spa/hot-tub $56.75 $62.08

15. For each electric water heater $11.30 $12.36

16. For each electric heater $11.30 $12.36

17. For each motor 0 to 1 HP $11.30 $12.36

18. For each motor 2 to 10 HP $28.20 $30.85

19. For each motor 11 to 50 HP $56.75 $62.08

20. For each motor 51 to 100 HP $113.60 $124.27

21. For low voltage/wireless per $100 val. $11.30 $12.36

22. For each busway $11.30 $12.36

23. For each miscellaneous $28.20 $30.85

24. For Electrical per val. $13.06 per each $1,000 in valuation or fraction thereof $14.28 per each $1,000 in valuation or fraction thereof CDB-07 Penalty Fee - Building Division
a. R-1 $344 processing fee, + 200% of the permit fee
permit applied* within 10 days - $376 processing fee
permit applied* 11-30 days-$376 processing fee + 100% permit fee permit applied* after 30 days-$376 processing fee + 200% permit fee b. Others $688 processing fee, + 200% of the permit fee permit applied* within 10 days - $753 processing fee
permit applied* 10-30 days - $753 processing fee + 100% permit fee permit applied* after 30 days - $753 processing fee + 200% permit fee CDB-08 Digitizing Processing Fee $4.04/Plan Sheet $4.41/Plan Sheet $2.04 /Document Sheet (Less than 8 1/2" x 14") $2.23 /Document Sheet (Less than 8 1/2" x 14") CDB-09 Administrative Fee $14.54 Min. (or Actual Cost*) $15.90 Min. (or Actual Cost*) CDB-10 Technology Fee $4.80 per application + $.80 per each $1,000 in valuation or fraction thereof
$5.25 per application + $.87 per each $1,000 in valuation or fraction thereofCDB-11 Permit Processing Fee $53.82 $58.87
CDB-12 (NEW) Alternate Method and Material Request (AMMR) N/A Actal Cost CDB-13 (NEW) New Address N/A Actal Cost
CDB-14 (NEW) Permit Extension N/A $156.00
CDB-15 (NEW) Temporary Certificate of Occupancy (TCO) Request N/A Actal Cost CDB-16 (NEW) Revision to approved construction plans Reviews N/A Actal Cost

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

135

1. Reinspection Fee Actual Cost Actual Cost

2. After hours inspections / inspections outside of normal hours Actual overtime cost, including overhead, 4 hour minimum
Actual overtime cost, including overhead,
4 hour minimum

3. Strong Motion Instrumentation and Seismic Hazard Mapping Fee Per state of California Department of Conservation latest edition 2004 fees:

Category 1 Construction (all Residential under 3 stories): $13.00 per $100,000 permit valuation;
Category 2 Construction (Residential over 3 stories, all Commercial):
$28.00 per $100,000 permit valuation
Per state of California Department of Conservation latest edition 2004 fees:

Category 1 Construction (all Residential under 3 stories): $13.00 per $100,000 permit valuation;
Category 2 Construction (Residential over 3 stories, all Commercial): $28.00 per $100,000 permit valuation
Required deposit: $50.00 per ton of debris estimated to be generated by project.

Required deposit: $50.00 per ton of debris estimated to be generated by project.

All Projects: If calculation is less than $1,000, then minimum deposit is $1,000.

Residential Projects: If calculation exceeds $10,000, then $10,000 is the maximum deposit.

Commercial Projects: If calculation exceeds $30,000, then $30,000 is the maximum deposit.

5. Request for author's release of plans. $36.92 base fee $40.39 base fee

6. Building Standards Administration Special Revolving Fund (Green Fee) Per current state of California-State and Consumer Services Agency- Building Standards Commission valuation schedule
Per current state of California-State and Consumer Services Agency-Building Standards Commission valuation schedule

7. C&D Application Fee
a. C&D Application Fee - Roof $145.53 $159.20
b. C&D Application Fee - Others $407.85 $446.18
Note for Building Fees
CDH-01 (NEW) BMR Housing Fees - Monitoring Fees (2) N/A Annual monitoring fee of $72 per unit per year for the term of affordability with reasonable periodic increases for BMR units of affordable housing development agreements starting 7/1/2024.

CDH-02(NEW) BMR Housing Fees -Compliance Fees (2) N/A $500 per incident (approximately two hours of staff time), plus the actual cost of City Attorney time.

4. Construction and Demolition Debris Recycling Deposit. Note: A pro-rata deposit refund is made for diversion rates less than required by ordinance.

These fees are subject to annual adjustment to account for annual inflation based on prior year annual % (i.e. FY 24-25 increase will be based on 2023 Annual %) construction cost data from the Building Cost Index (BCI) published by the California Department of General Services, Real Estate Services Division.

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

136

REF. NO. REVENUE TITLE FY 2023-24 Proposed FY 24-25
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule
Proposed Fiscal Year 2024-25
CDP-01 Preliminary Project Review Fees
a. City Council/Planning Commission Review Actual Cost* Subject to a minimum $2,000 Deposit at time of filing Actual Cost* Subject to a minimum $2,000 Deposit at time of filing b. Staff Review Actual Cost* Subject to a minimum $1,000 Deposit at time of filing Actual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-02 General Plan Amendment Fees Actual Cost* Subject to a minimum $5,000 Deposit at time of filing Actual Cost* Subject to a minimum $5,000 Deposit at time of filing CDP-03 Variance Fees Actual Cost* Subject to a minimum $2,000 Deposit at time of filing Actual Cost* Subject to a minimum $2,000 Deposit at time of filing CDP-04 Zoning Text/Map Amendment Fees Actual Cost* Subject to a minimum $5,000 Deposit at time of filing Actual Cost* Subject to a minimum $5,000 Deposit at time of filing CDP-05 Use Permit Modification Fees
a. Administrative Minor Use Permit Modification (e.g. paint change, landscape modifications, prototype amendments and other improvements per Section 17.06.030 of Title 17 Zoning of Foster City Municipal Code)
Actual Cost* Subject to a minimum $500 Deposit at time of filing Actual Cost* Subject to a minimum $500 Deposit at time of filing b. Administrative Major Use Permit Modification (e.g. Façade and site improvements) Actual Cost* Subject to a minimum $3,000 Deposit at time of filing Actual Cost* Subject to a minimum $3,000 Deposit at time of filing c. Planning Commission/City Council Use Permit Modification (e.g. Use Permit list, facade upgrades to existing commercial/office buildings)
Actual Cost* Subject to a minimum $5,000 Deposit at time of filing Actual Cost* Subject to a minimum $5,000 Deposit at time of filing CDP-06 Use Permit Fees
a. Administrative Use Permit (e.g. changes to existing wireless facility) Actual Cost* Subject to a minimum $750 Deposit at time of filing Actual Cost* Subject to a minimum $750 Deposit at time of filing b. Planning Commission/City Council Use Permit (e.g. Residential Additions to Waterfront properties, Conditional Use Permits, new wireless facility) Actual Cost* Subject to a minimum $5,000 Deposit at time of filing Actual Cost* Subject to a minimum $5,000 Deposit at time of filing c. Use Permit accompanying Specific Development Plan per Section 17.36.050 Title 17 Zoning of Foster City Municipal Code
Actual Cost* Subject to a minimum $5,000 Deposit at time of filing Actual Cost* Subject to a minimum $5,000 Deposit at time of filing d. Density Bonus Fees per Section 17.86.040 of Title 17 Zoning of Foster City Municipal Code
Actual Cost* Subject to a minimum $500 Deposit at time of filing Actual Cost* Subject to a minimum $500 Deposit at time of filing CDP-07 Architectural Review Fees (Excluding Solar Panels, which are exempt) a. Administrative Minor Architectural Review (e.g. windows, decks, fences, front yard paving, skylights, accessory structures)
Actual Cost* Subject to a minimum $750 Deposit at time of filing Actual Cost* Subject to a minimum $750 Deposit at time of filing b. Administrative Major Architectural Review (e.g. additions to non-water front homes or residential additions less than 400 SF)
Actual Cost* Subject to a minimum $2,000 Deposit at time of filing Actual Cost* Subject to a minimum $2,000 Deposit at time of filing c. Planning Commission Architectural Review per Section 2.28.100 of Title 2 of the Foster City Municipal Code
Actual Cost* Subject to a minimum $5,000 deposit at time of filing Actual Cost* Subject to a minimum $5,000 deposit at time of filing CDP-08 Sign Review (Note 1)
a. Administrative Sign Permit $342.65 $351.55
b. Planning Commission Review/Sign Use Permit Actual Cost* Subject to a minimum $1,500 Deposit at time of filing Actual Cost* Subject to a minimum $1,500 Deposit at time of filing c. Temporary/Promotional/Public Convenience Sign Review $114.15 $117.11

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

137

REF. NO. REVENUE TITLE FY 2023-24 Proposed FY 24-25
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule
Proposed Fiscal Year 2024-25
CDP-08 B (NEW) Signage violations (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) First Violation N/A Not exceeding one hundred dollars
Second violation of the same provision within one year N/A Not exceeding $200 for a second violation of the same provision within one year
Third or subsequent violation of the same provision within one year N/A Not exceeding $500 for a third or subsequent violation of the same provision within one year
CDP-09 Appeal Fees
a. Appeal by Resident / Applicant Actual Cost* Subject to a minimum $500 Deposit at time of filing Actual Cost* Subject to a minimum $500 Deposit at time of filing b. Appeal by Non-Resident / Non-Applicant Actual Cost* Subject to a minimum $1,000 Deposit at time of filing Actual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-10 Request for Planning Commission Interpretation Fees Actual Cost* Subject to a minimum $1,000 Deposit at time of filingActual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-11 Environmental Assessment Fees Actual Cost* Subject to a minimum $1,000 Deposit at time of filingActual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-12 Environmental Impact Report Fees Actual Cost* Subject to a minimum $10,000 Deposit at time of filingActual Cost* Subject to a minimum $10,000 Deposit at time of filing CDP-13 Zoning Compliance Letter Actual cost* Subject to a minimum $500 initial depositActual cost* Subject to a minimum $500 initial deposit CDP-14 Development Agreement Actual cost* Subject to a minimum $5,000 initial depositActual cost* Subject to a minimum $5,000 initial deposit CDP-15 Disposition and Development Agreement Actual cost* Subject to a minimum $5,000 initial deposit Actual cost* Subject to a minimum $5,000 initial deposit CDP-16 Owner Participation Agreement Actual cost* Subject to a minimum $5,000 initial deposit Actual cost* Subject to a minimum $5,000 initial deposit CDP-17 Subdivision Map Fees
a. Tentative Subdivision Map Fees $810 (or Actual Cost*) $831 Application Fee plus Actual Cost subject to a minimum $10,000 initial deposit*
b. Tentative Parcel Map Fees $810 (or Actual Cost*) $831 Application Fee plus Actual Cost subject to a minimum $10,000 initial deposit*
c. Tentative Subdivision or Parcel Map Revision Fees $810 (or Actual Cost*) $831 Application Fee plus Actual Cost subject to a minimum $10,000 initial deposit*
d. Tentative Subdivision or Parcel Map Extension Fees $810 (or Actual Cost*) $831 Application Fee plus Actual Cost subject to a minimum $10,000 initial deposit*
e. Lot Line Adjustment Fee $476 (or Actual Cost*) $488 Application Fee plus Actual Cost subject to a minimum $10,000 initial deposit*
f. Third Party Reviews (NEW) N/A Actual cost* Subject to a minimum $5,000 initial deposit CDP-18 Temporary Use Permit
- Minor Events/Use (as determined by the Director of Community Development Services) including shopping center promotional events; outdoor sales by individual stores within shopping centers; parking lot sales/fairs; outdoor exhibits or open displays; special small scale events sponsored by religious institutions or their supporting clubs, schools or school organizations and clubs or civic groups and clubs Exempt Exempt
- Major Events/Uses (as determined by the Community Development Director) including commercial operations by other than civic, school or religious organizations, clubs and institutions
$286 (or Actual Cost*) $293.43 (or Actual Cost*)

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

138

REF. NO. REVENUE TITLE FY 2023-24 Proposed FY 24-25
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule
Proposed Fiscal Year 2024-25
CDP-19 Code Enforcement
a. 1st Inspection and/or 1st Letter 0 $0.00
b. 2nd Inspection and/or 2nd Letter, and each additional inspection / letter thereafter$240.00, plus actual cost of City Attorney time, until compliance is achieved and when staff is able to recover the associated costs. $246.24, plus actual cost of City Attorney time, until compliance is achieved and when staff is able to recover the associated costs.

CDP-20 Penalty Fee - Planning Division (per Section 17.06.175 of Title 17 of the Municipal Code) a. R-1 $333.00 penalty processing fee; Deposit of twice the standard time and materials costs, against which 200% of the actual processing fees will be applied.
$341.65 penalty processing fee; Deposit of twice the standard time and materials costs, against which 200% of the actual processing fees will be applied.
b. Others $779.05 penalty processing fee; Deposit of twice the standard time and materials costs, against which 200% of the actual processing fees will be applied.
$799.30 penalty processing fee; Deposit of twice the standard time nd materials costs, against which 200% of the actual processing fees will be applied.

CDP-21 Photography / Filming Temporary Use Permit Processing Fee $374.58 $384.31 CDP-22 Interdepartmental Evaluation Committee Review of Proposals by Persons, Businesses and Organizations Located Outside of Foster City (Excluding Land Use and Photography / Filming Temporary Use Permit see S-122 above) $354.00 $363.20
CDP-23 Annual Wireless Facilities Site License (Per Site) $270.00 Per License Agreement Note: 1
Note: 2
FOOTNOTE:

EIR and other technical consultant contracts for a project shall be paid in full by the applicant.

For work requiring an Outside Consultant, the City will be reimbursed at the rate of the consultant plus 15% for administration.

When the account balance goes negative, the request to replenish funds shall be paid in full by the applicant within five (5) business days. If the payment is not paid in full, the project will be put on hold.

The penalty fee for sign installed prior to obtaining a sign permit shall be double the normal fee. Signs erected by nonprofit and community interest groups, senior clubs and organizations deemed "similar" by the Community Development Director shall be exempt from the payment of sign permit application fees. •Deposit-based fees:

Deposit-based application fees are identified as “Actual Cost* Subject to a minimum Deposit at time of filing” under the applicable fee(s). The planning staff draws against these deposited funds at the staff hourly rates adopted by the City Council for actual time spent on the review of the application. The Applicant and/or Property Owner are responsible for any supplemental deposits necessary to cover any costs which were not covered by the initial deposit. If there are funds remaining in the Deposit account at the end of the review of the application, the funds are refunded to the Applicant and/or Property Owner. The deposit amount in the fee schedule depends on whether the specific planning action warrants staff-level approval (administrative) or approval from Planning Commission/City Council and ranges from $500 to $10,000.

Proposals designed and located in strict conformance with approved residential development design prototypical guidelines for property improvements in the specific subdivision shall be charged 1/2 of the usual fee for such improvements.

Initial fees paid at the time of project submittal for all project categories without deposit are considered minimum fees which are not refundable. Initial fees paid for project categories with deposits may be refunded in part, depending upon the amount of staff time and reimbursable expenditures expended on the project as determined by the Director of Community Development. "Actual Cost" is charged against the required deposit.
* "Actual Cost" is time and materials, including all direct and indirect overhead costs. "Actual Cost" billing begins after the initial fee payment amount is exceeded by direct and/or indirect costs.

All the fees are subject to annual adjustment to account for annual inflation based on the prior year annual percentage (%). Upon approval, these new and revised fees will be in effect in 60 days.

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

139

REF. NO. REVENUE TITLE FY 2023-24 Proposed FY 24-25
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule
Proposed Fiscal Year 2024-25

PUBLIC WORKS
PW-01 Subdivision Fees
Public Works Plan Review and Inspection Fee
a. Common area improvements in planned unit developments, including but not limited to recreational facilities (other than those covered by building fees) landscaping and irrigation, underground structures and utilities, curb and gutter, paving, sidewalks and other walkways and lighting.

6.0% of the approved engineers' estimated costs of construction of improvements including a 10% contingency

6.0% of the approved engineers' estimated costs of construction of improvements including a 10% contingency
b. Improvements in commercial and industrial developments, including but not limited to landscaping, and irrigation, underground structures and utilities, curb and gutter, paving, sidewalks and other walkways and lighting

6.0% of the approved engineers' estimated costs of construction of improvements including a 10% contingency

6.0% of the approved engineers' estimated costs of construction of improvements including a 10% contingency
PW-02 Minor Land Division Fees $150.00 Application Fee plus Actual Cost* $153.90 Application Fee plus Actual Cost* (Requires a deposit of 6% of the estimated construction cost with a $7,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
(Requires a deposit of 6% of the estimated construction cost with a $7,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
PW-03 Transportation Permit Per CA Vehicle Code 35795 - $16.00 per trip or $90.00 annual permitPer CA Vehicle Code 35795 - $16.00 per trip or $90.00 annual permit
PWE-01 Encroachment Permit/Non-Utility $200.00 Application Fee plus Actual Cost* $205.20 Application Fee plus Actual Cost* (Requires a deposit of 5% of the estimated construction cost with a $1,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
(Requires a deposit of 5% of the estimated construction cost with a $1,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
PWE-02 Encroachment Permit/Utility $400.00 Application Fee plus Actual Cost* $410.40 Application Fee plus Actual Cost* PWE-03 Encroachment Permit/Utility (Renewal Fee) 15% of Original Permit Fee 15% of Original Permit Fee PWE-04 Encroachment Permit/Temporary placement of a debris box $65.00 $66.60 PWE-05 Work Done Without Encroachment Permit Two (2) times Application Fee plus Actual Cost* Two (2) times Application Fee plus Actual Cost* PWE-06 Encroachment Permit/Banner $200.00 Application Fee plus $750.00 required deposit $205.20 Application Fee plus $750.00 required deposit PWE-07 Business Stormwater Inspection Fee $150/inspection with Business License Renewal $153.90/inspection with Business License Renewal PWE-08 PW Research Actual Cost Actual cost* Subject to a minimum $250 initial deposit FOOTNOTE: * "Actual Cost" is time and materials, including all direct and indirect overhead costs. "Actual Cost" is charged against the required deposit.

For work requiring an outside consultant, the City will be reimbursed at the rate of the consultant plus 15% for administration.

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

140

REF. NO. REVENUE TITLE FY 2023-24 Proposed FY 24-25
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule
Proposed Fiscal Year 2024-25
POLICE
PD-01 Parking Enforcement Per attached Parking Violations Fine Schedule A, plus $3.00 State parking penalty assessment
Per attached Parking Violations Fine Schedule A, plus $3.00 State parking penalty assessment
PD-02 Vehicle Code Enforcement Per Current CA State Court Approved Bail SchedulePer Current CA State Court Approved Bail Schedule PD-03 Abandoned Vehicle
a. Mark $0.00 $0.00
b. Tow $90.00 $92.34
PD-04 Police Security Alarm Response - Standard Response 1st False Alarm $0.00 $0.00
2nd False Alarm $65.82 $67.53
3rd Alarm $135.11 $138.62
4th Alarm $135.11 $138.62
5th Alarm $277.16 $284.36
6th and 7th Alarm $277.16 $284.36
8th Alarm and thereafter $342.71 each $351.62 each
PD-05 Police Security Alarm Response - High Risk Response 1st False Alarm $0.00 $0.00
2nd False Alarm $811.50 $832.60
3rd False Alarm $973.80 $999.11
4th False Alarm $1,137.15 $1,166.71
5th False Alarm $1,299.45 $1,333.23
6th False Alarm $1,461.75 $1,499.75
7th False Alarm $1,625.15 $1,667.40
8th Alarm and thereafter $1,787.40 each $1,833.87
PD-06 Fingerprinting $44.16/per card $45.30/per card
PD-07 Report copying (including reports for Property Damage, Minor Accident or Injury Accident) a. 1-2 Pages $4.74 $4.86
b. 3-9 Pages $5.31 $5.44
c. 10+ pages $6.58 $6.75
PD-08 DUI Emergency Cost Recovery Government Code-Emergency Response Cost reimbursement up to Government Code-Emergency Response Cost reimbursement up to PD-09 Solicitor Review
Non-Profit $76.52 $78.50
For-Profit (Initial Review) $229.56 $235.52
For-Profit (Renewal) $76.52 $78.50
PD-10 Enforcement Vehicle Tow $138.58 $142.18
PD-11 Booking Fee Per Current San Mateo County Charges Per Current San Mateo County Charges PD-12 Local Records Check $34.60 $35.49
PD-13 Court Ordered Record Sealing $103.32 $106.00
PD-14 Records check processing Federal / State actual charges Federal / State actual charges PD-15 Concealed Weapon Permit Processing (non-refundable) $268.35 $275.32 PD-16 Planning Application Review and Inspection Services - Police Actual Costs * Actual Costs * PD-17 Video/Audio Duplication $38.00 $38.98
PD-18 Vehicle Repossession Fee -Per California Vehicle Code $20.00 $20.00 FOOTNOTE: "Actual cost" is the time and materials, including all direct and indirect overhead costs.

FIRE
Per attached San Mateo Consolidated Fire Fees - To Be Published/Updated in Fall Published independently Fall 2023 Published independently Fall 2024

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

141

REF. NO. REVENUE TITLE FY 2023-24 Proposed FY 24-25
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule
Proposed Fiscal Year 2024-25

PARKS & RECREATION
PR-01 Adult Special Interest Class Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-02 Youth Special Interest Class Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-03 Day Camp Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-04 Pre-School Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-05 City Adult Sports Program Per current City Sports Package (NOTE 3) Per current City The Guide (NOTE 3) PR-06 Private Youth/Adult Sports Coordination & Field Maintenance Remove (See PR-17) Classification A Refer to Municipal Code 12.16.090 for Classification Remove (See PR-17) Classification B $ 0.00 Remove (See PR-17)
Classification C $16.45 per hour Remove (See PR-17)
Classification D $16.45 per hour Remove (See PR-17)
Classification E $16.45 per hour Remove (See PR-17)
PR-07 City Youth Sports Organization Coordination & Field Maintenance $0.00 Remove (See PR-17) PR-08 Summer Parks Youth Program Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-09 Trips and Tours Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-10 Recreation Building Rental Per attached Schedule B Per attached Schedule B PR-11 Elementary School Recreation Rental Per attached Schedule B Per attached Schedule B PR-12 Senior Citizen Programs Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-13 Library Building Maintenance Per Lease Agreement Per Lease Agreement PR-14 Parks & Recreation Concessions Per Contract Per Contract PR-15 Library Community Center Rental Per attached Schedule B Per attached Schedule B PR-16 Park Fees Per attached Schedule B Per attached Schedule B PR-17 Sports Field Rental Per attached Schedule B Per attached Schedule B PR-18 Special Event Fees Per attached Schedule B Per attached Schedule B PR-19 Council Chambers Rental / Video Production Services Per attached Schedule B Per attached Schedule B The Recreation Division sets activity fees according to :

1. Competing fees in other cities and colleges.

2. Session length and length of class time per meeting.

3. Class enrollment statistics regarding an activity and the fees that were charged for that activity.

4. Commensurate with instructor's qualification and experience.

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

142

REF. NO. REVENUE TITLE FY 2023-24 Proposed FY 24-25
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule
Proposed Fiscal Year 2024-25

PUBLIC WORKS
PWWA-01 Water Service
a. 5/8" X 3/4" $27.60 Prop 218
b. 3/4" $27.60 Prop 218
c. 1" $46.00 Prop 218
d. 1 1/2" $110.40 Prop 218
e. 2" $147.20 Prop 218
f. 3" $322.00 Prop 218
g. 4" $579.60 Prop 218
h. 6" $1,288.00 Prop 218
i. 8" $2,208.00 Prop 218
j. Water consumption rates - per hundred cubic feet (ccf) of water consumed 1) Base Consumption Rate $6.47 Prop 218
2) Single Family Residential Consumption Rate
a) 0-20 ccf bi-monthly $6.36 Prop 218
b) Over 20 ccf bi-monthly $7.01 Prop 218
3) Multi-Family Residential Consumption Rate
a) 0 to 10 ccf per living unit bi-monthly $6.36 Prop 218 b) Over 10 ccf per living unit bi-monthly $7.09 Prop 218 4) Irrigation Customer Consumption Rate
a) Up to 100% of Annual Water Budget $6.36 Prop 218
b) Over 100% of Annual Water Budget $7.22 Prop 218
5) Commercial and Private Fire Line Customer Consumption Rate $6.47 Prop 218 a. Private fire protection services - water availability charge (if a meter is not present, the size of the fire service line will be used as a basis for the charge):
1) 3/4" meter $38.64 Prop 218
2) 1" meter $38.64 Prop 218
3) 1 1/2" meter $38.64 Prop 218
4) 2" meter $51.61 Prop 218
5) 3" meter $112.61 Prop 218
6) 4" meter $202.86 Prop 218
7) 6" meter $450.71 Prop 218
8) 8" meter $772.80 Prop 218
PWWA-02 Water Turn on / Off (Regular Hours: Business Day-8 AM to 3:30 PM. Non-Regular Hours: All other hours that is not regular hours)
a. Account Set Up Fees $43.40 $44.50
1) RUSH Service-on/off within 90 minutes within Regular Hours $54.00 $55.40 2) RUSH Service-on/off within 90 minutes during Non-Regular hours $108.40 $111.20 b. Reconnection charge after disconnection for nonpayment:
1) Regular hours $54.00 $55.40
2) Non-Regular Hours $108.40 $111.20
c. Reconnection charge after voluntary disconnection:
1) Regular hours $54.00 $55.40
2) Non-Regular Hours $108.40 $111.22
d. Customer initiated Turn-on/Turn off (per incident)
1) Regular hours $54.00 $55.40
2) Non-Regular Hours $108.40 $111.22

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

143

REF. NO. REVENUE TITLE FY 2023-24 Proposed FY 24-25
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule
Proposed Fiscal Year 2024-25
PWWA-03 Water Meter Test $396.00 deposit is required $406.30 deposit is required a. When a customer requests the test and the meter is found to be defective $0.00 (deposit will be refunded) $0.00 (deposit will be refunded) b. When a customer requests the test and the meter is found NOT to be defective $198/hour (2 Hours minimum) $203/hour (2 Hours minimum) PWWA-04 Water Leak Investigation $198 deposit is required $203 deposit is required a. When a customer requests a water leak investigation, and the leak is found to be on the City side of the water meter
$0.00 (deposit will be refunded) $0.00 (deposit will be refunded) b. When a customer requests a water leak investigation, and the leak is found to be on the Private Property side of the water meter
$198/hour (30 minutes minimum) $203/hour (30 minutes minimum) PWWA-05 Water Meters (including installation)
a. 3/4" Actual Meter Cost + $198 / hour installation fee (1 hour minimum)Actual Meter Cost + $203 / hour installation fee (1 hour minimum) b. 1" Actual Meter Cost + $198 / hour installation fee (1 hour minimum)Actual Meter Cost + $203 / hour installation fee (1 hour minimum) c. 1-1/2" Actual Meter Cost + $198 / hour installation fee (1 hour minimum)Actual Meter Cost + $203 / hour installation fee (1 hour minimum) d. 2" Actual Meter Cost + $396/ hour installation fee (1 hour minimum)Actual Meter Cost + $406/ hour installation fee (1 hour minimum) e. 3" Actual Meter Cost + $396/ hour installation fee (1 hour minimum)Actual Meter Cost + $406/ hour installation fee (1 hour minimum) f. 4" Actual Meter Cost + $396/ hour installation fee (1 hour minimum)Actual Meter Cost + $406/ hour installation fee (1 hour minimum) g. 6" Actual Meter Cost + $396/ hour installation fee (1 hour minimum)Actual Meter Cost + $406/ hour installation fee (1 hour minimum) h. 8” and larger Water Meter Actual meter and labor cost Actual meter and labor cost PWWA-06 Fire Hydrant Testing (per hydrant) $269.55 $276.55 PWWA-07 Temporary Hydrant Meter Application Fee & Deposit Application Fee $95.00 $97.47
Meter Deposit $1,557.00 $1,557.00
Meter Deposit processing charge
(based on issuance date of meter)
Return within 1 month or less- charge 10% of deposit
Return within 3 months or less- charge 15% of deposit
Return within 6 months or less- charge 20% of deposit
Return within 12 months or less- charge 25% of deposit
Return within 1 month or less- charge 10% of deposit
Return within 3 months or less- charge 15% of deposit
Return within 6 months or less- charge 20% of deposit
Return within 12 months or less- charge 25% of deposit
PWWA-08 Water Deposit $1,500 $1,500.00
PWWA-09 (NEW) Water Neutrality Review Fee N/A Actual Cost* Subject to a minimum $1,000 Deposit at time of review request

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

144

REF. NO. REVENUE TITLE FY 2023-24 Proposed FY 24-25
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule
Proposed Fiscal Year 2024-25
PWWW-01 Sewer/Wastewater Service
A. Sewer Service Monthly Service Rates:
1) Residential:
a) Single Family $130.87 Prop 218
b) Duplex (per dwelling unit) $109.93 Prop 218
c) Townhouse (per dwelling unit) $109.93 Prop 218
d) Apartment / Condominium (per dwelling unit) $109.93 Prop 218 2) Commercial/Institutional:
a) Low Strength (per unit of water billed) $5.50 Prop 218 b) Medium Strength (per unit of water billed) $8.36 Prop 218 c) High Strength (per unit of water billed) $23.78 Prop 218 B. Sewer Availability Charges
1) Parcels 1 acre and larger (per acre per year) $741.95 Prop 218 2) Parcels less than 1 acre (per acre per year) $378.85 Prop 218 PWM-01 Utility Street Use
PWM-02 Private Refuse Utility Street Use Per Franchise Agreement Per Franchise Agreement PWM-03 Street Lighting | NO | | NO |
PWM-04 Street and Easement Landscaping | CITY- | | CITY- | PWM-05 Median Maintenance | WIDE | | WIDE | PWM-06 Cul-de-Sac Maintenance | ASSESSMENTS | | ASSESSMENTS | PWM-07 Street Sweeping | AT | | AT |
PWM-08 Storm Drainage | THIS | | THIS |
PWM-09 Neighborhood Park Maintenance | TIME | | TIME | PWM-10 Fat, Oil and Grease (FOG) Monitoring Program (Waste Discharge Permit Annual Fee) A. Class A (Industry) Waste Discharge Permit Annual Fee $687.00 per permit pass-through fee from San Mateo Source Control Inspectors
$728.22 per permit pass-through fee from
San Mateo Source Control Inspectors
B. Class B (Restaurant) Waste Discharge Permit Annual Fee $497.00 per permit pass-through fee from San Mateo Source Control Inspectors
$526.82 per permit pass-through fee from
San Mateo Source Control Inspectors
C. Analytical Services Fee Actual Cost pass-through fee from San Mateo Source Control Inspectors
Actual Cost pass-through fee from
San Mateo Source Control Inspectors
[1] est. gpd = commercial customer's estimated gallons per day of indoor water use [2] Estimated gallons per day of single family indoor water use [3] Strength factors based on baseline single family strengths of 240 mg/L of BOD and 240 mg/L of TSS
mg/L = milligrams/liter
BOD = Biochemical Oxygen Demand
TSS = Total Suspended Solids
PWM-11 Sidewalk Maintenance Administration Fee
Tier 1 - R1 (Voluntary) $150 (Administrative Fee) + Actual Contractor Cost $153.90 (Administrative Fee) + Actual Contractor Cost Tier 2 - R1 (Advanced) and All Other Zones $419 (Administrative Fee) + Actual Contractor Cost $429.80 (Administrative Fee) + Actual Contractor Cost

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

145

REF. NO. REVENUE TITLE FY 2023-24 Proposed FY 24-25
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule
Proposed Fiscal Year 2024-25

HUMAN RESOURCES
HR-01 CalOpps
CalOpps Join Fee for Full Membership (One-time set up fee) $6,491.00 $6,660.00 Annual Fee for Full Membership $3,975.00 $4,078.00
Per-Posting Fee (Advertise Only) $567.00 $582.00

MISCELLANEOUS
MISC-01 New Business License Review $43.00 $44.00
State Mandated Disability Access Fee (each Business Tax Application and renewal) Per Senate Bill No. 1186 - $4.00 Per Senate Bill No. 1186 - $4.00 Business License for branches $25/address $25/address
Business License - reprinting $25/certificate $25/certificate MISC-02 Returned Deposit Processing Per CA Civil Code 1719 - $25 for first and $35 for each subsequent deposit
Per CA Civil Code 1719 - $25 for first and
$35 for each subsequent deposit
MISC-03 Check Stop Payment & Replacement Actual costs Actual costs MISC-04 Document Printing and Copying
Photocopying (8 1/2" x 11") $5.00 for 1st page, $0.25 for each additional page $5.13 for 1st page, $0.25 for each additional page Large Documents (11" x 17") $6.00 first page, $1.16 for each additional page $6.15 first page, $1.19 for each additional page Special Maps (24" x 36") $7.00 first page, $2.00 for each additional page $7.18 first page, $2.05 for each additional page Blueprint (36" x 48") $8.00 first page, $2.50 for each additional page $8.20 first page, $2.56 for each additional page MISC-05 Document Certification (Per document) $21.00 $21.54 MISC-06 Records & Information Research $127.00 $130.30
MISC-07 Agenda/Minute Mailing
Agendas $113/per year plus postage cost $115.93/per year plus postage cost Agendas & Minutes $183/per year plus postage cost $187.75/per year plus postage cost Planning Commission Agendas $109/per year plus postage cost $111.83/per year plus postage cost MISC-08 Repair of City Property 100% of Dir. Exp. + Overhead 100% of Dir. Exp. + Overhead MISC-09 Video / Audio Duplication (DVD, VHS, Cassette) Actual costs Actual costs MISC-10 For services requested of City Staff for which no fee is listed in this Master Fee Schedule, the appropriate fee hourly rates for staff time involved in the service Per attached Schedule C Per attached Schedule C
MISC-11 For services requested of Outside Consultant, the City will be reimbursed at the rate of the consultant plus 15% for administration.

Actual costs + 15% Administration Cost Actual costs + 15% Administration Cost MISC-12 Outgoing Wire Fee $69/wire $71/wire
MISC-13 Notary Fee $15 per document $15 per signature

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

146

REF.

NO.

REVENUE TITLE FY 2023-2024 Proposed FY 2024-2025
Office (including Medical Office) $30.00 $30.78
Retail (including Restaurant and Services) $5.00 $5.13
Industrial (including Research & Development) $30.00 $30.78 Hotel (effective starting 8/20/2022) $10.00 $10.26
DEV-02 Park in Lieu of Land Dedication Fee (Per Section 16.36.100 of Title 16 of Foster City Municipal Code)The fees shall be computed based on fair market value of land that would otherwise have been dedicated, and at a ratio of five acres per one thousand project residents. Project residents shall be computed as provided in Section 16.36.040.

The population that will reside within a proposed project shall be calculated using the following factors and based upon the following formula:

Average Household Size X Number of Dwelling Units Proposed for Construction = Project Resident Population.

The fees shall be computed based on fair market value of land that would otherwise have been dedicated, and at a ratio of five acres per one thousand project residents. Project residents shall be computed as provided in Section 16.36.040.

The population that will reside within a proposed project shall be calculated using the following factors and based upon the following formula:

Average Household Size X Number of Dwelling Units Proposed for Construction = Project Resident Population.
a. Rental – to be multiplied by the net rentable square feet. All net rentable square footage includes measurements from the outside surface of the exterior walls and includes all finished living space. It does not include parking areas, common hallways and stairways, common rooms, building lobbies, balconies, elevator shafts, and utility rooms. On July 1st of each year beginning in 2023 the fee amount shall be automatically adjusted in accordance with the change in the Engineering Construction Cost Index for San Francisco, California, most recently published by Engineering News- Record, for the elapsed time period from May of the previous year to May of the current year. $75.32/sq ft $77.27/sq ft
b. For Sale – to be multiplied by the habitable area measured from the outside surface of the exterior walls, including all finished living space and common areas inside the dwelling unit. It does not include unheated areas such as parking and balconies. On July 1stof each year beginning in 2023 the fee amount shall be automatically adjusted in accordance with the change in the Engineering Construction Cost Index for San Francisco, California, most recently published by Engineering News-Record, for the elapsed time period from May of the previous year to May of the current year. $48.21/sq ft $49.46/sq ft
Residential Development Projects (per unit) (Note 2)
Single Famility Residential $14,926 $15,314
Mulitfamily Residential $11,639 $11,941
Non-Residential Development Projects (per Sq. Ft.)
Office $6.24 $6.40
Retail $2.35 $2.41
Industrial $3.51 $3.60
Hotel $2.14 $2.19
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule - Development Fees Proposed Fiscal Year 2024-25
DEV-01 Affordable Housing Commercial Linkage Fees for New Nonresidential Development Projects (Note 1) DEV-03 Below Market Rate Housing In-Lieu Fee
DEV-04 PARKS FACILITIES IMPACT FEE (Note 1)

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

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REF.

NO.

REVENUE TITLE FY 2023-2024 Proposed FY 2024-2025
City of Foster City/Estero Municipal Improvement District Master Fees & Service Charges Schedule - Development Fees Proposed Fiscal Year 2024-25
Single Famility Residential $1,594 $1,635
Mulitfamily Residential $1,243 $1,275
Non-Residential Development Projects (per Sq. Ft.)
Office $1.14 $1.16
Retail $0.64 $0.65
Industrial $0.38 $0.38
Hotel $0.23 $0.23
TRANSPORTATION IMPACT FEE (Note 1)
Residential Development Projects (per unit) (Note 2)
Single Famility Residential $2,123 $2,178
Mulitfamily Residential $1,656 $1,699
Non-Residential Development Projects (per Sq. Ft.)
Office $3.62 $3.71
Retail $2.01 $2.06
Industrial $1.19 $1.22
Hotel $0.72 $0.73
a. 3/4" meter $12,188 $12,504
b. 1" meter $20,355 $20,884
c. 1-1/2" meter $48,753 $50,020
d. 2" meter $64,965 $66,654
e. 3" meter $142,240 $145,938
f. 4" meter $255,959 $262,613
g. 6" meter $568,837 $583,626
h. 8" meter $975,081 $1,000,433
1) Single Family Residence $8,525 per dwelling unit (=1 EDU) $8,866 per dwelling unit (=1 EDU) 2) Multi Family $5,328 per dwelling unit (=0.625 EDUs) $5,541 per dwelling unit (=0.625 EDUs) 3) Commercial $8,525 per EDU (as calculated below) $8,866 per EDU (as calculated below) Low Strength Low Strength EDUs = est. gpd[1] ÷ 200[2] x 0.65[3] Low Strength EDUs = est. gpd[1] ÷ 200[2] x 0.65[3] Medium Strength Med. Strength EDUs = est. gpd[1] ÷ 200[2] x 1.00[3] Med. Strength EDUs = est. gpd[1] ÷ 200[2] x 1.00[3] High Strength High Strength EDUs = est. gpd[1] ÷ 200[2] x 2.84[3] High Strength EDUs = est. gpd[1] ÷ 200[2] x 2.84[3] Note 1:

Note 2:

Footnote:

Development fees are subject to annual adjustment based on Engineering News Record Construction Cost Index (ENR CCI).

A seventy-five percent (75%) reduction will be applied for very low and low income affordable units as defined in FCMC sections 17.90.020.P and 17.90.020.X, provided that at least twenty percent (20%) of units in the project are designated as affordable, and a one hundred percent (100%) fee reduction will be applied for very low and low units if at least twenty-five (25%) of the units in the project are designated as affordable. [1] est. gpd = commercial customer's estimated gallons per day of indoor water use [2] Estimated gallons per day of single family indoor water use [3] Strength factors based on baseline single family strengths of 240 mg/L of BOD and 240 mg/L of TSS mg/L = milligrams/liter
BOD = Biochemical Oxygen Demand
TSS = Total Suspended Solids
DEV-07 Water Service Connection (Note1)
DEV-08 Sewer Service Connection (Note 1)
DEV-06
DEV-05 PUBLIC SAFETY IMPACT FEE (Note 1)
Residential Development Projects (per unit) (Note 2)

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

148

Police Department - Fine Schedule FY 2024-2025
Code Section Fine Penalty Description
27600 27600 eve $38.00 $42.00 MUDGUARD REQ $10/PROOF CORR 22522 22522 eve $328.00 $42.00 OBSTRUCTING HANDICAPPED
RAMP
10207G 10.207 (G) UFC $38.00 $42.00 FIRE LANE/POSTED
4457 4457 eve $123.00 $42.00 STOLEN/LOST CARDS OR PLATES 1032060 10.32.060 MO $38.00 $42.00 FOR SALE SIGN
1044040 10.44.040 MC $38.00 $42.00 LOADING ZONE, COMMERCIAL 225078 22507.8 eve $328.00 $42.00 DISABLED PARKING
BOUNCE NSF FEE $15.00 $0.00 RETURNED CHECK FEE
1032030C 10.32.030 (C) MO $38.00 $42.00 RED ZONE
225078C2 22507.8(C) $328.00 $42.00 PARKED IN HASH MARKS (2)CVC
22500B 22500 (B) eve $38.00 $42.00 CROSSWALK
41525 41525 eve $123.00 $42.00 FOREIGN REG $10 W/PROOF CORR 1032170 10.32.170 MO $38.00 $42.00 GREEN ZONE - 24 MIN PKG 22500A 22500 (A) eve $38.00 $42.00 WITHIN AN INTERSECTION 24951B 24951 (B) eve $38.00 $42.00 TURN SIGNALS $10 W/PROOF CORR
267085 267085 eve $38.00 $42.00 TINTED WINDOWS $10 W/PRF CORR
1032070 10.32.070 MO $38.00 $42.00 REPAIR ON THE STREET 1044050 10.44.050 MO $38.00 $42.00 PASSENGER LOADING ZONE 22500D 22500 CD) eve $38.00 $42.00 15 FT. OF FIREHOUSE
1032040 10.32.040 MO $38.00 $42.00 PARKING ON PARKWAYS

PROHIBITED
21210 21210 eve $38.00 $42.00 BICYCLE ON SIDEWALK
620010 62.00.10 MO $38.00 $42.00 FIRE LANE
27155 27155 eve $38.00 $42.00 NO GAS CA-$10 W/PROOF OF
CORR
22500K 22500 CK) eve $38.00 $42.00 BRIDGE
1032250 10.32.250 MO $38.00 $42.00 NO STOPPING ZONE
22500E 22500 CE) eve $38.00 $42.00 BLOCKING A DRIVEWAY
932020 9.32.020 EMIDC $38.00 $42.00 NO PKG 1:00 AM TO SUNRISE 21113A 21113 (A) eve $38.00 $42.00 DRIVE/PARK ON PUBLIC GROUNDS 22502A 22502 (A) eve $38.00 $42.00 PARKED WITHIN 18IN OF CURB 224206A 224206 CA) eve $38.00 $42.00 VENDING IN VISTA AREA 22523A/B 22523 A/B eve $123.00 $42.00 ABANDONED VEHICLE 1032252 10.32.252 MO $38.00 $42.00 RESTR PKG-OVERSIZED VEH 1032252A 10.32.252 (A) MO $38.00 $42.00 RESTRICTED PARKING 5204 5204 eve $38.00 $42.00 NO TABS-$10 W/PROOF

CORRECTION
44625 4462.5 eve $123.00 $42.00 FALSE EVIDENCE OF REG-$10/PRF 1032150 10.32.150 MO $38.00 $42.00 CITY PROPERTY POSTED 5201F 5201 (F) eve $38.00 $42.00 PLATES COVERED-$10 W/PRF CORR
1044020C 10.44.020(C) MC $38.00 $42.00 PARKING OVER 3 MINUTES 22504 22504 eve $38.00 $42.00 ON A HIGHWAY
225078C 22507.8 (C) eve $328.00 $42.00 HANDICAP UNLOADING ZONE Schedule A

7.1 Attachment 3 - Proposed Master Fees & Service Charge Schedule for FY 2024-25

149

Code Section Fine Penalty Description
5202 5204 eve $38.00 $42.00 IMPROP DISPLAY OF PLT-$10/PRF 225078A 22507 .8 (A) eve $328.00 $42.00 HANDICAPPED PARKING 22500F 22500 (F) eve $38.00 $42.00 PARKING ON SIDEWALK
22500G 22500 (G) eve $38.00 $42.00 NEAR EXCAVATION
26709A 26709 (A) eve $38.00 $42.00 MIRRORS REQ $10 W/PROOF CORR
1049020 10.49.020 MO $38.00 $42.00 COMMERCIAL VEH PROHIBITED xxxx xxxx $0.00 $0.00 ORIGINAL CITATION NOT

RECEIVED
5201 5201 eve $38.00 $42.00 POS OF PLATES $10 W/PROOF
CORR
58 58 EMID $38.00 $42.00 NO PKG 1 AM TO SUNRISE
1032030D 10.32.030 (D) MO $38.00 $42.00 POSTED NO PARKING 22515A 22515 (A) eve $38.00 $42.00 UNATTENDED RUNNING VEHICLE 5200 5200 eve $38.00 $42.00 DISPLAY OF PLATES-$10/PROOF ADMINFEE ADMIN FEE $25.00 $0.00 ADMINISTRATIVE FEE
1032140 10.32.140 MO $38.00 $42.00 COMM VEHICLE RESIDENTIAL DIST
21116A 21116 (A) eve $38.00 $42.00 LEVEE/CANAL BANK
24607A 24607 (A) eve $38.00 $42.00 REAR REFLECTORS $10 W/PRF CORR
10322251 10.32.225{l)D $38.00 $42.00 TRAILER ON CITY STREET MO
26710 26710 eve $38.00 $42.00 WINDSHIELD REQ $10 W/PRF
CORR
27465B 27465 (B) eve $38.00 $42.00 LOW TIRE TREAD-$10/PROOF CORR
EFFDATE 20110101 $0.00 $0.00 EFFECTIVE DATE OF FINES
22502 22502 eve $38.00 $42.00 MUST PK IN DIRECT FLOW TRAFF 1017010 10.17.010 MO $38.00 $42.00 FIRE LANE
22502E 22502 (E) eve $38.00 $42.00 WITHIN 18 INCHES OF CURB 22500L 22500 {L) eve $328.00 $42.00 PKDED RED ZONE HNDCAP RAMP 226510 22651 (O) eve $123.00 $42.00 REG EXPIRED - 1 YR & 1 DAY 22520 22520 eve $38.00 $42.00 ON FREEWAY
22500C 22500 (C) eve $38.00 $42.00 BETWEEN ZONE AND CURB 1032050 10.32.050 MO $38.00 $42.00 OVER 72 HOURS
1032130 10.32.130 MC $38.00 $42.00 NO STOP/STAND/PARK
10206 10.206 UFC $38.00 $42.00 FIRE HYDRANT/PRIVATE PROPERTY 22505 22505 eve $38.00 $42.00 POSTED NO PARKING
22500] 22500 (J) eve $38.00 $42.00 TUNNEL
1032030F 10.32.030 (F) MO $38.00 $42.00 TRAFFIC HAZARD
225001 22500 (I) eve $38.00 $42.00 LOADING ZONE
4462B 4462 (B) eve $123.00 $42.00 WRONG PLATES ON
VEH-$10/PROOF
24953A 24953 (A) eve $38.00 $42.00 TURN SIGNALS $10 W/PRF CORR CORRAMT CORRECTABLE $10.00 $0.00 CORRECTABLE AMOUNT
AMT
225001 22500.1 eve $38.00 $42.00 FIRE LANE
22514 22514 eve $38.00 $42.00 PARKED W/IN 15 FT OF HYDRANT 22500H 22500 (H) eve $38.00 $42.00 DOUBLE PARKED
4000A 4000 (A) eve $123.00 $42.00 UNREG VEHICLE-$10 W/PRF CORR 4461B 4461 (B) eve $123.00 $42.00 IMPROPER USE OF
TABS-$10/PROOF
5201G 5201 (G) eve $38.00 $42.00 OBSTRUCT PLATE

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Code Section Fine Penalty Description
4464 4464 eve $38.00 $42.00 ALTERED LIC PLATE $10/PROOF 10322510 10.32.251(0) MO $38.00 $42.00 TRAILER/BOAT PUBLIC ST 22521 22521 eve $38.00 $42.00 PKO W/IN 7 1/2 FT OF R/R TRACK 1032251E 10.32.251(E) MO $38.00 $42.00 CAMPER EQUIPMENT 1032020 10.32.020 MO $38.00 $42.00 RESTRICTED PARKING
1232020 12.32.020 FCMD $38.00 $42.00 NO PKG 1:00 AM TO SUNRISE 4458 4458 eve $123.00 $42.00 STOLEN PLATE

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Schedule B

Foster City Facility FY 24/25 Fees

COMMUNITY CENTER RENTAL FEES
Room Day of the Week FY 23/24 FY 24/25 FY 23/24 FY 24/25 Resident Resident Non-Resident Non-Resident

Port, Starboard, Sail, Conf Monday ‐Thursday $52/hr. $55/hr. $78/hr. $82/hr.

Friday ‐ Sunday $88.40/hr. $94/hr. $104/hr. $109/hr.

Wind
Monday – Thursday $78/hr. $82/hr. $104/hr. $109/hr.

Friday – Saturday $130/hr. (5 hr. min.) $137/hr. (5 hr. min.) $187.20/hr. (5 hr. min.) $197/hr. (5 hr. min.)
Custodial Fee For groups of over
80 $52 (flat fee) $55 (flat fee) $52 (flat fee) $55 (flat fee) Patio (with Wind Room) $104 (flat fee) $109 (flat fee) $104 (flat fee) $109 (flat fee)

 Deposit for VIBE is $500. Deposit for Wind Room is $350. Deposit for all other rooms is $200.  Proof of insurance will be required for all parties or if serving alcohol.  Custodial fee required for all parties/events larger than 100 (80 for Community center).  First change to a facility/park rental is free. For additional changes (location and date), Renter will incur a $10 charge per change.

FY 24/25
 Due to construction of new Recreation Center, all fees related were removed  Increased Community Center rates 5% (excl. non‐profit)  Added temporary Modular unit rental fees

MODULAR UNIT RENTAL FEES (NEW)
Unit Size Day of the Week FY 24/25 Resident
FY 24/25 Non-
Resident
48’x40 Modular Unit Monday – Thursday $60hr. $92/hr.

Friday – Sunday $107/hr. $125/hr.

Custodial Fee For groups of over 80 $55 (flat fee) $55 (flat fee)

24’x40 Modular Unit Monday – Thursday $50/hr. $77/hr.

Friday – Sunday $89/hr. $104/hr.

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THE VIBE TEEN CENTER RENTAL FEES

FY 23/24 Vibe Rental Structure Day of the Week Resident Non-Resident VIBE‐ Kitchen, Small Activity Rm,
and Patio Monday – Sunday $74.80/hr. $91.50/hr.

The VIBE‐ (Entire Facility:
includes Kitchen, Small Activity
Rm, Main Floor, and Patio)
Monday – Sunday $156/hr. $208/hr.

Administrative Fee $26 (flat fee) $26 (flat fee)
Custodial Fee For groups of over 100 $52 (flat fee) $52 (flat fee)

FY 24/25 Rental Structure Day of the Week Resident Non-Resident VIBE Main floor = dance floor, patio
and adjacent carpeted area Monday – Sunday $156/hr $208/hr.

Small Activity Room Monday – Sunday $52/hr. $78/hr.

Study Room Monday – Sunday $42/hr. $68/hr.

Kitchen $78 (flat fee) $78 (flat fee)
Patio (not available as separate rental,
add on to above rentals only) $109 (flat fee) $109 (flat fee) Administrative Fee $26 (flat fee) $26 (flat fee)
Custodial Fee For groups of over 80 $55 (flat fee) $55 (flat fee)

 Deposit for VIBE Main floor is $500.00. Deposit for all other rooms is $200.  Proof of insurance will be required for all parties or if serving alcohol.  Custodial fee required for all parties/events larger than 100  First change to a facility/park rental is free. For additional changes (location and date), Renter will incur a $10 charge per change.

FY 24/25
 Restructured Vibe rental areas, added separate fees for Small Activity room, Study room and flat fee for Kitchen

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Non-Profit Organization Fee Structure

Room Day of the Week
FY 23/24 FY 24/25
Non-Profit
Rate
Non-Profit
Rate

Port, Starboard, Sail, Conf Monday – Thursday $36.40/hr $37/hr.

Friday – Sunday $52/hr. $52/hr.

Wind Monday ‐ Thursday $57.20/hr. $58/hr.

Friday ‐ Sunday $88.40/hr. $89/hr.

Administrative Fee $26 (flat fee) $26 (flat fee)
Custodial Fee For groups over 100 $52 (flat fee) $52 (flat fee)

• To be eligible for this rate structure, groups must present the Parks and Recreation Department with their letter of non‐profit status 501(c)(3)
• Deposit fees still apply

FOSTER CITY FACILITY RENTALS- MATERIAL BASED FEES

Material Fees Community Center Material Fees Material FY 23/24 Fees FY 24/25 Fees Material FY 23/24 Fees FY 24/25 Fees
Air Pots $10.40 for 3 $11 for 3 BBQ Grill $15.60 $21
Coffee Maker $10.40 $11 Patio Heater $15.60 each $20 each Portable Stage $11 each piece (3
pieces = full stage)
$11 each piece (3
pieces = full stage) Patio Umbrella $15.60 each $16 each Podium or podium w/ mic $10.40 $11 Portable Bar NA $40 Small TV (42") $10.40 $20 Wind Room Projector
& Screen (co/av) NA $20
Large Screen TV ((75”) $50 $50
Microphone (wired or
wireless) NA $11 per mic
Portable Projector Screen $10.40 $11 The Vibe Material Fees Stanchions NA $15 for 2 includes
topper Material FY 23/24 Fees FY 24/25
Fees
Social Media Op Frame NA $11 BBQ Grill $15.60 $16
Cover for Pool Table $10.40 each $11 each
Popcorn Machine NA $60
Outdoor Event Material Fees
Material FY 23/24 Fees FY 24/25 Fees
A‐Frames NA $11 for 2
Barricades NA $10 each
Cord Covers NA $15 each
Spider Box NA $55
Traffic Cones NA $2 per cone
FY 24/25
 New items added to Material based fees (new items in red font)  Old fees that included dollars and cents were rounded up to nearest whole dollar amount

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Foster City School and Audubon Elementary School - Rental Fees

Room Day of the Week FY 23/24 FY 24/25 FY 23/24 FY 24/25 Resident Resident Non-resident Non-resident
School MPRs Monday‐Thursday $52 $52 $98.80 $99

Friday‐Sunday $114.40 $115 $140.40 $141

 Proof of insurance will be required for all parties or if serving alcohol.

Foster City School and Audubon Elementary School - Rental Fees – Non-Profit

FY 23/24 FY 24/25 FY 23/24 FY 24/25
Room Day of the Week Resident
Non-Profit Resident Non-Profit Non-resident
Non-Profit
Non-resident Non-
Profit
School MPRs Monday‐Thursday $31.20/hr. $32/hr. $36.40/hr. $37/hr.

Friday‐Sunday $46.80/hr. $47/hr. $67.60/hr. $68/hr.

 Deposit for School MPR Rooms is $200.00
 To be eligible for the non‐profit rate structure, groups must present the Parks and Recreation Department with their letter of non‐profit status 501(c)(3)
 To be eligible for the resident non‐profit rate, a roster must be presented showing at least 51% of the group to be Foster City residents in addition to the non‐profit letter
 Deposit still applies
 Proof of insurance will be required for all parties or if serving alcohol.

Special Non-Profit Facility Rental Fees – Non-Profit

Special Non-Profit Category FY 23/24 FY 24/25 Rate
County‐Wide Community Group $20.80/hr $21/hr
Foster City Based Non‐Profit Community Group $10.40/hr $11/hr City Use or City Affiliated Community Group No charge No charge

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Foster City Park Rental Rates

Park FY 23/24 FY 24/25 Non-Resident
Rate Resident Rate Resident Rate
Gull, Marlin, Erckenbrack $78 $82 N/A
Capacity 50 people
Boothbay
25‐50 people $130 25‐50 people $137
N/A 51‐100 people $182 51‐100 people $191
101‐150 people $234 101‐150 people $246
Leo Ryan Patio Area $78 $82 N/A Capacity 50 people Capacity 50 people Leo Ryan Amphitheater 1‐100 people = $156 flat fee 1‐100 people = $164 flat fee N/A Four (4) hour maximum rental
time 101‐150 = $260 flat fee 101‐150 = $273 flat fee
Leo Ryan Gazebo Two (2) hour
maximum rental time
$41.60 $44 N/A
Capacity 25 people Capacity 25 people
Leo Ryan Grass West $41.60 $44 N/A Capacity 25 people Capacity 25 people Bridgeview and Shorebird Park $41.60 $44 N/A
Capacity 30 people Capacity 30 people
Catamaran, Farragut,
Edgewater Park
$67.60 $71 N/A
Capacity 30 people Capacity 30 people
Food truck fee $78 per park per truck $82 per park per truck N/A

• Inflatable jump house -$32 administrative fee.
• First change to a facility and park rental is free. For additional changes (location and date), Renter will incur a $10 charge per change. • A $26 cancellation fee will be charged for park rentals cancelled less than seven (7) calendar days in advance of the reservation. • Proof of insurance will be required for all parties or if serving alcohol. • Rain Out Policy: Full refunds will be issued if it rains during a scheduled rental and makes the reserved area unusable. Park user must contact Parks and Recreation Department staff within the week following the date of the permit. Requests to cancel a permit due to the forecast of bad weather will not be granted without a $26 cancellation fee. • If you are expecting at least 50 people at your event, it may require a Special Event Application, regardless of whether it is open to the public. If it requires three or more permits, it is considered to have a high impact for review as it must be reviewed by multiple departments in the City’s Interdepartmental Evaluation Committee (IDEC). • All parks are available to residents only with the exception of Leo J. Ryan hilltop • Damage reimbursement agreement.

FY 24/25
 Increased park rental rates 5%

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Foster City Park Sports Fields Rental Rate

FY 23/24 Effective
1/1/24 FY 24/25 FY 23/24 FY 24/25 FY 23/24 FY 24/25

Foster City Youth
Based Programs
(Tiers 2 & 3)
*Youth Participant
Player Fees
$10 per resident
player
$45 non-resident
player
Foster City Youth
Based Programs
(Tiers 2 & 3)
*Youth Participant
Player Fees
$10 per resident
player
$45 non-resident
player
Resident Rate
and Foster City
Based Non-
profits and
Businesses
(Tier 4)
Resident Rate and
Foster City Based Non-
profits and Businesses
(Tier 4 & 5)
Non-
Resident
Youth and
Adult Rate
(Tier 5)
Community Fundraising
events sponsored by Tiers 2
& 3; Foster City and Non-City,
Non-Resident Youth and
Adult Rate; Private Social
Parties
(Tier 5, 6, 7, 8)

Softball/
Baseball
$3/hour (Tier 2) $3/hour (Tier 2) $15.60/hour plus $16/hour plus $36.40/hour $37/hour

$5/hour (Tier 3a) $5/hour (Tier 3a)
$36.40/non-
resident per
season
$37/non-resident per
season
$7/hour (Tier 3b) $7/hour (Tier 3b)
Soccer
$3/hour (Tier 2) $3/hour (Tier 2) $20.80/hour plus $21/hour plus $36.40/hour $37/hour

$5/hour (Tier 3a) $5/hour (Tier 3a)
$36.40/non-
resident per
season
$37/non-resident per
season
$7/hour (Tier 3b) $7/hour (Tier 3b)
Field Lights $31.20/hour $30/hour $36.40/hour $37/hour $36.40/hour $37/hour

PRIORITY SCHEDULE (In accordance with Foster City Municipal Code Section 12.16.090):

Tier 1. City of Foster City sponsored activities. This may include all programs and activities offered/sponsored by the San Mateo-Foster City School District under the joint use agreement with the City of Foster City. Priority goes to schools within the district that are located within the city limits.

Tier 2.

Tier 3a.

Tier 3b.

Tier 4.

Tier 5
Tier 6.

Tier 7.

Tier 8.

Foster City based youth sports organizations with a recreation focus; Minimum 80% participants must be Foster City residents.

Foster City based youth organizations with a competitive focus; Minimum 75% participants must be Foster City residents.

Foster City based youth organizations with a competitive focus; Minimum 51% participants must be Foster City residents.

Foster City residents (includes resident adult groups)
Foster City based non-profit organizations/businesses
Non-city non-profit residents, clubs or organizations.

Community Fundraising events sponsored by groups in Tiers 2 & 3.

Private Social Parties
Foster City Bocce Court Rental Rates
Resident and Non-Resident Rates

FY 2023‐2024 FY 2024‐25
Court 1 $26/hr. $26/hr.

Court 2 $26/hr. $26/hr.

Proof of insurance (required if serving alcohol)

Brewer Island Elementary School Gymnasium
Resident and Non-Resident Rates

FY 2023‐2024 FY 2024‐25
Gym $100/hr. $100/hr.

Liability Insurance* $1,000,000 coverage $1,000,000 coverage *Coverage required for any and all use of the gymnasium

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Tennis Courts
Resident Groups/Organizations Only. No private rentals.

FY 2023‐24 FY 2024‐25
Edgewater Court #1 $26/hr. $26/hr.

Edgewater Court #3 $26/hr. $26/hr.

Edgewater Court #4 $26/hr. $26/hr.

Edgewater Court #5 $26/hr. $26/hr.

Boothbay Court #1 $26/hr. $26/hr.

Boothbay Court #2 $26/hr. $26/hr.

Foster City Tennis Club non‐resident rate $36.40 per year.

Pickleball Courts
Resident Groups/Organizations Only.

No private rentals.

FY 2023‐24 FY 2024‐25
Leo Ryan Pickleball Court #1 $26/hr. $26/hr.

Leo Ryan Pickleball Court #2 $26/hr. $26/hr.

Leo Ryan Pickleball Court #3 $26/hr. $26/hr.

Leo Ryan Pickleball Court #4 $26/hr. $26/hr.

Leo Ryan Pickleball Court #5 $26/hr. $26/hr.

Leo Ryan Pickleball Court #6 $26/hr. $26/hr.

Foster City Outdoor Volleyball Court Rental Rates
Resident Groups/Organizations Only.

No private rentals.

FY 2023‐24 FY 2024‐25
Sand Court at Catamaran Park $26/hr. $26/hr.

Sand Court at Boothbay Park $26/hr. $26/hr.

Foster City Outdoor Basketball Court Rental Rates
Resident Groups/Organizations Only.

No private rentals.

FY 2023‐24 FY 2024‐25
Boothbay Park NA $26/hr.

Catamaran Park NA $26/hr.

Edgewater Park NA $26/hr.

Ketch Park NA $26/hr.

Leo J. Ryan Park NA $26/hr.

Shad Park NA $26/hr.

Sunfish Park NA $26/hr.

Turnstone Park NA $26/hr.

FY 24/25
 Added basketball court reservation fee

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Citywide Special Event Fees
The goal of Special Event Fees is full cost recovery of events, while encouraging and supporting events that help promote a sense of community, enrich Foster City's culture and support the City's philosophy of inclusiveness and other values, by helping organizers A) lower costs and B) eliminate process burden and bureaucracy, where possible, without adding risks/unintended consequences.

FEE TITLE FY 2023‐24 FY 2024‐25
Application Fee ‐ Low Impact Events $1,061 $1,061
Application Fee ‐ Recurring High Impact Events (See Definition) $2,089 $2,089 Application Fee ‐ Nonrecurring High Impact Events (See
Definition) $3,482 $3,482
High Impact Recreation Center Day Fee $2,152 $2,152
Street Closure Approval Fee $1,201 $1,201
Boulevard Closure by City Staff $23,830 $23,830
Special Events Open to the General Public without an entrance cost ‐ Discount for Foster City Based Organizers (See Definition) 50% off Non‐Permit fees
up
to $10,000 cap
50% off Non‐Permit fees up
to $10,000 cap
Special Events Open to the General Public without an entrance cost ‐ Discount for Organizers Not Based in Foster City 25% off Non‐Permit fees
up to $5,000 cap
25% off Non‐Permit fees
up to $5,000 cap

DEFINITIONS
 Recurring Event ‐ For the purpose of this fee, a "Recurring Event" is an event that has been held in Leo Ryan Park for at least the previous three (3) years without incident and has an anticipated attendance of under 3,000 people.  Foster City Based Organizer ‐ For the purpose of this discount, a "Foster City Based Organizer" maintains a physical presence (e.g., an office) in Foster City and its membership is at least 51% Foster‐City based.

A special event is often referred to as an outdoor function with over 50 people in attendance. Once the application is reviewed by City Staff, it will be forwarded to IDEC for further review if applicable. Per City Council direction, non‐city co‐sponsored special events are to be cost recovery.

*IDEC stands for Interdepartmental Evaluation Committee

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159

FY 2024-25 Proposed Staff Billing Hourly Rate Schedule C Department/Division
FY 23-24
Hourly Rate
Proposed FY 24-25
Hourly RateDepartment/Division
FY 23-24
Hourly Rate
Proposed FY 24-
25 Hourly Rate
Administrative Services Department Parks & RecreaƟon
Administrative Assistant $140 $143Administrative Assistant II $267 $273 Administrative Services Director $310 $318Building Services Coordinator $234 $240 HR Manager $184 $188Director of Parks & Recreation $591 $606 Human Resources Analyst $158 $162Irrigation Technician $274 $281 Human Resources Technician $130 $133Management Analyst I $345 $353 Information Technology Manager $241 $247Management Coordinator $274 $281 Sr. Human Resources Analyst N/A $178Office Assistant I $168 $172 Sr. Human Resources Technician $191 $195Parks Maintenance Lead Worker $274 $281 Sr. Systems Analyst $201 $206Parks Maintenance Manager $380 $389 Technology Analyst I $137 $140Parks Maintenance Worker I $225 $230 City Clerk/CommunicaƟons Department Parks Maintenance Worker II $248 $254 Communications Director / City Clerk $292 $299Parks Supervisor $345 $353 Communications Manager $143 $146Recreation Coordinator $261 $267 Deputy City Clerk $147 $150Recreation Manager $380 $389 Office Assistant $83 $85 Public Works Department
Social Media / Communication Assistant $132 $135Administrative Assistant II $209 $214 City Manager Department Associate Civil Engineer $298 $305 City Manager $390 $400Building and Vehicle Maintenance Manager $297 $304 Administrative Assistant II N/A $129Building Maintenance Lead Worker $214 $219 Assistant City Manager $305 $312Building Maintenance Worker I $183 $187 Management Analyst I $178 $182Building Maintenance Worker II $202 $207 Principal Management Analyst $226 $231Director of Public Works $476 $488 Senior Management Analyst $198 $203Engineering Manager $354 $363 Equipment Maintenance Worker $192 $196
Fleet Supervisor N/A $234
Administrative Assistant $169 $173Management Analyst II $298 $305 Assistant Planner $201 $206Mechanic I $212 $217
Associate Planner $222 $227Prinicpal Management Analyst $342 $350 Building Inspector $208 $213Public Works Maintenance Lead Worker $218 $223 Building Permit Technician I $146 $149Public Works Maintenance Manager $345 $353 Building Permit Technician II $153 $156Public Works Maintenance Superintendent $297 $304 Chief Building Official $286 $293Public Works Maintenance Worker I $179 $183 Code Enforcement Officer $149 $152Public Works Maintenance Worker II $198 $203 Community Development Director $384 $393Senior Engineer $345 $353 Economic Development Manager $290 $297Senior Engineering Technician $228 $233 Housing Coordinator $218 $223Vehicle Maintenance Worker I $192 $196 Sr. Management Analyst $241 $247Police Department
Management Assistant $157 $161Management Analyst I $131 $134 Plan Examiner $252 $258Police Captain $266 $272
Planning Manager $286 $293Police Chief $297 $304
Senior Bldg Inspector $229 $234Police Corporal $186 $190 Sr Management Analyst N/A $245Police Dispatch Supervisor $174 $178 Senior Planner $233 $239Police Dispatcher $144 $147
Financial Services Department Police Lead Dispatcher $162 $166 Accountant I $117 $120Police Lieutenant $234 $240
Administrative Assistant II $133 $136Police Officer $161 $165 Assistant Finance Director $242 $248Police Records Specialist $101 $103 Finance Director $294 $301Police Records Supervisor $137 $140 Financial Services Manager $217 $222Police Recruit $142 $145 Senior Accountant $157 $161Police Sergeant $202 $207
Accounting Specialist $98 $100Sr. Comm. Services Officer $104 $106 Sr/Accounting Specialist $104 $106Reserve Officer $65 $66 Community Development Department
Staff billing rates were updated in FY 2022-2023 as part of the May 2023 Willdan Financial Services User Fee Study and will adjust annually thereafter for cost escalation. A copy of the User Fee Study can be found at https://www.fostercity.org/finance/page/master-fees-and-service-charges-schedule.

Subsequent years increase is based of San Francisco-Oakland-Hayward, CA Decemeber CPI-U of previous year. ]

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160

1 DATE: April 15, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Monica Ly, Planning Manager
James Atkins, Senior Planner
DEPARTMENT: Community Development
SUBJECT: 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
(RZ2024-0004)

RECOMMENDATION
It is recommended that the City Council introduce and pass to second reading the Ordinance (Attachment 1) amending 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).

EXECUTIVE SUMMARY
Chapter 15.12 Sign Control was originally codified in 1989 under Title 15 Building and Construction of Foster City Municipal Code. The Chapter contains general regulations for signs including rules and regulations for the erection, display, safety, and maintenance of signs.

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161

2 Since the sign ordinance’s adoption in 1989, there have been a few amendments, including in the years 2006 and the most recent amendment in 2022. The last two (2) amendments were related to temporary noncommercial signs.

In this amendment, staff is proposing a comprehensive update to the existing ordinance to ensure that sign regulations continue to balance the interests of various stakeholders with the need to preserve the visual character and safety of our community. The comprehensive update also aims to improve the sign permit review process and enforcement of regulations for new and existing signs.

On March 7, 2024, the Planning Commission held a study session to review the draft amendments to Chapter 15.12 Sign Control, and the new draft Chapter 17.59 Sign Control, and solicit feedback from the public. See link to the meeting details.

Subsequently, on March 21, 2024, the Planning Commission held a public hearing to review additional draft amendments to Chapter 15.12 Sign Control and the new draft of Chapter 17.59 Sign Control. At the meeting, the Commission voted 4-0-1 (one absent) to adopt Resolution P-06-24, (Attachment 3) recommending to the City Council to adopt an ordinance to 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). See Meeting Minutes for March 21, 2024, Planning Commission meeting (Attachment 4). See link to the meeting details.

BACKGROUND/ANALYSIS
The Foster City Municipal Code contains general regulations for signs in Chapter 15.12, Sign Control, and requires permits for certain signs.

The City’s General Plan Land Use and Circulation Element includes goals and policies for Economic Development. The General Plan specifically calls out signage as a part of enhancing existing retail centers & opportunities.

LUC-I-1-a Enhance existing retail centers & opportunities. Promote retail opportunities through coordinated sign guidelines and way-finding programs to create a “sense of place” in older shopping centers.

Signage constitutes an integral aspect of the urban landscape within the City, serving economic functions such as enhancing business visibility and fostering brand recognition.

Additionally, signs play a crucial role in offering directional assistance, regulatory information, and general guidance. As a result, signage is highly regulated to ensure a balance in the interests of various stakeholders with the need to preserve the visual character and safety of our community. In this comprehensive update, staff is proposing to achieve these goals while also improving the sign permit review process and enforcement of regulations for new and existing signs.

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162

3 COMMUNITY OUTREACH
Prior to proposing revisions to the sign regulations, staff conducted comprehensive community outreach. Staff solicited feedback from the businesses and residents through two (2) surveys. The surveys were published on the webpage from January 19 through February 22, 2024 (see Attachment 3 in this link for survey questions). Furthermore, staff held open office hours for anyone interested in learning more about the sign regulations and the proposed revisions.

In total, staff received 37 responses, seven (7) from businesses and thirty (30) from residents.

Responses from businesses:
•All of the responders noted that they are aware that a sign permit is required prior to installing new signs or changing existing signs.
•Two (2) out of seven (7) responders noted that they are not aware of sign regulations. •Four (4) out of seven (7) responders noted that they faced challenges related to compliance with sign regulations.
•One of the responders noted the City’s failure to enforce oversized signage and one of the private schools noted their difficulty with temporary signs and the rigidity of sign regulations.
•Out of seven (7) responders, three (3) noted that the amount of signage is too little, three (3) noted it as appropriate and one (1) of the responders noted it to be excessive.

Responses from residents:
•Out of the 30 residents, 12 respondents indicated that they are not aware of the signage regulations in Foster City. On the other hand, eight (8) respondents stated that they are aware, while 10 respondents mentioned having partial awareness of the signage regulations.
•The majority of respondents, numbering 17, believe that the current amount of signage in Foster City is appropriate. However, five (5) respondents expressed the opinion that there is too much signage, three (3) respondents felt there is too little, and five (5) respondents were unsure about the adequacy of signage in the city.

Staff also met with representatives from Gilead and the Chamber of Commerce to discuss the sign regulations and considered their feedback while making amendments to sign regulations. Furthermore, staff attended a meeting on February 28, 2024, organized by the Chamber of Commerce to provide information on the updates to the City’s sign regulations.

The feedback from the community outreach was helpful in guiding some of the proposed amendments to the sign regulations, including:
•Many responders noted that the current amount of signage in Foster City is appropriate. Thus, staff is not proposing major amendments to sign regulations pertaining to major uses, including residential, commercial, office, and industrial uses. •Based on the feedback received from a private school noting difficulty with temporary signs and the rigidity of sign regulations, staff is proposing to include quasi-public uses,

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4 including schools under “Master Sign Program.” A Master Sign Program allows applicants to propose their own sign guidelines and regulations based on their needs, which are then reviewed by the Planning Commission. At present, major shopping centers and office/R&D centers have their own established Master Sign Programs. •One of the large businesses in the City inquired about flexibility regarding sign regulations for one of their sites to match that of their different sites for branding and consistency. Under the Master Sign Program, staff included “Commercial or Industrial Uses with lot size five (5) or more acres” to provide the ability for businesses to develop their sign regulations.
•Lastly, based on concerns expressed by some residents regarding temporary non- commercial signs, staff made minor revisions to the regulations.

FIELD ANALYSIS
In order for staff to develop an understanding of the current state of signage in Foster City, field analyses were conducted to evaluate the existing stock of signs. Spanning several days, staff visited several residential, commercial, industrial, and quasi-public locations. In comparison to the requirements outlined in Chapter 15.12 Sign Control, staff’s findings confirmed that all uses generally comply with the City’s regulations. In many cases, there is a diverse mix of signage types that complement one another and provide clear identification for specific uses.

Additionally, staff observed instances where certain sites implemented Master Sign Programs, offering increased flexibility regarding the permitted quantity, types, and placements of signage; none of the sites appeared to have an inordinate amount of signage or include signage in locations that appeared inappropriate.

PROPOSED REVISIONS
The proposed revisions to Chapter 15.12 Sign Control which will be in the new Chapter

17.59 Sign Control are summarized in Table 1 below:

Table 1: Summary of Existing and Proposed Regulations
EXISTING CHAPTER 15.12 PROPOSED CHAPTER 17.59
Ordinance Title
Title 15 Building and Construction Moved the Ordinance from Title 15 Building and Construction to Title 17 Zoning. At
present, Chapter 15.12 Sign Control is under
Title 15. Title 15 includes Chapters pertaining
to building code. Sign Control is the only
chapter that includes standards for signage
that are a purview under “Zoning”.

Sections

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5 22 Sections Condensed to 14 Sections
Purpose, Objective and Intent
Section 15.12.010 Section 17.59.010
Freedom of Speech for Signs Minor revisions
Applicability
None Added Section 17.59.020 Applicability
Definitions
Section 15.12.020 Section 17.59.30
Business Face and Frontage Combined as terms are synonymous.

New definitions Added definitions for “Billboard”; “Cabinet”; “Can”; “Lightbox”; “Panel Sign”; “Canopy Sign”;
“Channel Letter”; “Commercial Office Building”;
“Halo Lighting”; “Inflatable Sign”; “Marquee
Sign”; “Master Sign Program”; “Monument
Sign”; “Off Premise Sign”; “Office Use”;
“Painted Wall Sign”; “Pylon Sign”
Canopy Clarified definition of “Canopy”
Freestanding Sign Clarified definition of “Freestanding Sign” Neon Revised definition to include tube signs
illuminated by LED and other light sources
such as “LED Neon Signs.”
Illumination (external)
Illumination (internal)
Clarified definition of “Illumination (external)”
and “Illumination (internal)”
Mural Removed definition for “Mural”
Projecting Sign Clarified definition for “Projecting; Blade Sign” Sign Clarified definition of “Sign”
Sign Area Removed definition and referred to Section

17.59.050 Measurements of Signs.

Sign Guidelines Removed definition for “Sign Guidelines” Use Permit Sign Request Replaced “Use Permit Sign Request” with a definition for “Sign Use Permit” and added
clarification
Under Canopy Sign Removed definition for “Under Canopy Sign” Sign Permits
Sections 15.12.030, 15.12.040,

15.12.060, 15.12.070,

15.12.080, 15.12.090, 15.12.100,

15.12.110, 15.12.120 15.12.130
Section 17.59.040
Sign permits required, Permit
application, Sign permit review
process, Criterial for sign approval,
Sign permit issuance, Additional permit
limitations, and Expiration of sign
permits.

Consolidated several sections related to sign
permit applications, standard requirements for
submitting permits, criteria for review and
approval, notice of decision, appeals, sign
permit issuance, permit limitations, and
expirations.

Measurements of Signs

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6 Section 17.59.050
“Sign Area” Added Section 17.59.050 to provide clear
direction on how to measure the sign area.

Construction and Maintenance
Section 15.12.140 Section 17.59.130
Prohibited Signs
Section 15.12.160 Section 17.59.070

15.12.160 Balloons, Inflatable Signs,
Streamers, Pennants, and other
Attention-Getting Devices
Separated sign types and formatted them into
a definition style with added clarification.

Added prohibition of mobile billboards.

Expanded “Attention-Getting” types of signs to
include inflatables, streamers and pennants.

Added language allowing businesses without
street frontage to apply for an administrative
sign permit since those businesses have less
visibility.

Exempt Signs
Section 15.12.170 Section 17.59.060
Formatted to definition style for ease of
identification and clarified and/or added
location, number, size and height, and timing
of display
Exempt signs
Added Historic plaques and commemorative
signs, mobile vendor signs, commercial signs
carried by persons, and commercial mascot
signs.

Temporary commercial signs Combined several sign types into a single category and clarified and/or added location,
number, size and height, and timing of display.

Clarified the language to be less restrictive.

Removed language regarding days of the
week due to the challenges related to
enforcement.

Added section addressing the duration of
display.

Temporary noncommercial right-of-way
signs
Clarified and/or added location, number, size,
height, duration of display and other
provisions.

Temporary noncommercial signs
placed on private property
Clarified and/or added location, number, size,
height, duration of display and other
provisions.

Temporary Signs
Section 15.12.180 Section 17.59.080

15.12.180 Temporary signs Formatted to definition style for ease of identification and clarified and/or added
location, number, size and height, and timing

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7 of display. Revised reference from planning
director to community development director.

Added provision permitting A-frame and other
portable sidewalk signs for commercial
purposes, based upon input from the Chamber
of Commerce regarding the necessity of such
signs for certain types of businesses. Added
location, number, size, duration of display and
other provisions for A Frame signs.

Grand opening signs Clarified and/or added location, number, size, duration of display (60 days) and other
provisions.

Promotional sale signs Clarified and/or added location, number, size, duration of display and other provisions.

Removed the language that limits the display
period to four or two promotional periods to
streamline the permitting process but still
limiting to 60 days per year.

Table 1-A Real Estate and
Construction Signs
Reformatted and clarified Table 1-A Real
Estate and Construction Signs. Added
language linking the removal of temporary real
estate and construction signs to the completion
of construction, successful sale, or lease of the
development. This revision aims to prevent
outdated signs from lingering even after
construction, sale, or lease activities are
concluded.

Public Convenience signs
Section 15.12.190 Section 17.59.090
Minor revision – replacing “approving authority”
with “community development director.”
Sign Development Standards
Section 15.12.200f Section 17.59.100
Signs allowed for specific uses Formatted the section to facilitate placing the required development standards for signage in
particular land use categories, including
residential, commercial, office, industrial and
quasi public, in a tabular format.

Added specific signs type regulations including
awning, canopy signs, and projecting signs.

Quasi Public Uses Replaced the words, churches with religious institutions; and schools with private schools
given that the City cannot regulate signage for
public schools.

Moving quasi-public uses to “Master Sign
Program.” A Master Sign Program allows

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8 applicants to propose their own sign guidelines
and regulations based on their needs (see
below).

Monument Sign Revised the language to prevent required
landscaping plantings from obstructing the
visibility of the sign message area.

Gas Station Service Station Added provision for wall signs, eliminated language regarding three feet set back from
the interior surface of the window for window
signs.

Enforcement
Section 15.12.210 Section 17.59.140
Minor revisions - replacing “planning director”
with “community development director.”
Master Sign Program
Section 15.12.220 Section 17.59.120
Sign guidelines for specific
developments
Replaced with Section 17.59.120 Master Sign
Program.

Applicability of the Master Sign Program to
include:
•Townhomes and/or Condominiums
developments of fifty (50) or more units
•Retail/Shopping Centers with five (5) or
more tenants
•Commercial Centers of five (5) or more
acres in size
•Commercial or Industrial Uses of five (5)
or more acres in size
•Religious Institutions, Private Schools,
Hospitals, and other uses of a quasi-
public nature
Included sub-sections on review authority,
application requirements, lessees, and
findings.

The proposed text amendments are included in Attachment 1, Exhibit A (clean version) and Attachment 2 (redline version).

Staff recommends that the City Council introduce and pass to second reading the Ordinance (Attachment 1) amending 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).

If approved, the Ordinance shall take effect and be enforced thirty (30) days from and

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9 after the second reading.

CEQA
The proposed amendments to 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, is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” the proposed amendments and new Chapter 17.59 would be exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

FISCAL IMPACT
There is no fiscal impact associated with this item.

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

ATTACHMENTS
Attachment 1 – Ordinance for Chapter 17.59, including Exhibit A - Chapter

17.59 Sign Control
Attachment 2 – Chapter 17.59 Sign Control with Redlines Attachment 3 – Planning Commission Resolution P-06-24
Attachment 4 – Minutes for March 21, 2024 Planning Commission meeting

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1 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING 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) - RZ2024-0004CITY OF FOSTER CITY 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 of 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 to 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

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2 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; andWHEREAS, 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; andWHEREAS, on March 21, 2024, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution regarding repealing Chapter 15.12 Sign Control and replacing it with a new Chapter 17.59 Sign Control, and after conducting the public hearing, adopted Resolution No. P-6-24 with the Planning Commission recommending City Council repeal Chapter 15.12 Sign Control and approve new Chapter 17.59 Sign Control; 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 April 3, 2024, a public hearing notice was duly published and posted in three public places pursuant to California Code Section 65090 for the City Council public hearing on April 15, 2024. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AS FOLLOWS: Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows: 1. The foregoing Recitals are true and correct and are incorporated herein by this reference. 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 are necessary to implement the goals and policies of the General Plan through the implementation of the Housing Element. 4. The proposed amendments will not be detrimental to the public interest, convenience, and general welfare of the City. 5. The proposed amendments are exempt from CEQA Guideline Section 15061(b)(3) and consistent with Public Resources Code Section 21080.17. Section 2. Amendment. Chapter 15.12 “Sign Control” within Title 15 “Building and Construction” of the Foster City Municipal Code is 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” to read as set forth in the attached Exhibit A, as listed below and attached hereto and incorporated herein by reference:

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3 Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption. Section 5. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.This Ordinance was introduced and read on the 15th day of April, 2024, and passed and adopted on the ____ day of ____, 2024, by the following vote: AYES:NOES: ABSENT: ABSTAIN: PATRICK SULLIVAN, MAYOR ATTEST:PRISCILLA SCHAUS, CITY CLERK

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4 EXHIBIT AA new Chapter 17.59 is hereby added as follows: Chapter 17.59SIGN CONTROLSECTIONS: Page17.59.010 Purpose, Objective and Intent............................................................................................... 417.59.020 Applicability ......................................................................................................................... 517.59.030 Definitions............................................................................................................................. 517.59.040 Sign permits ........................................................................................................................ 1017.59.050 Measurement of Signs......................................................................................................... 1417.59.060 Exempt Signs ...................................................................................................................... 1717.59.070 Prohibited Signs.................................................................................................................. 2117.59.080 Temporary Signs................................................................................................................. 2417.59.090 Public Convenience Signs................................................................................................... 2917.59.100 Sign Development Standards.............................................................................................. 2917.59.110 Signs for Specific Use......................................................................................................... 3917.59.120 Master Sign Program .......................................................................................................... 4017.59.130 Construction and Maintenance ........................................................................................... 4217.59.140 Enforcement........................................................................................................................ 4317.59.010 Purpose, Objective and Intent.The purpose of this chapter is to establish standards for signage which help people find what they need without difficulty or confusion and to help preserve and improve the appearance of the city. Therefore, all signs shall be regulated to assure that they promote both the goals and objectives of the community and public health, safety, and general welfare.This chapter establishes standards for the erection, display, safety, and maintenance of signs which are intended to meet the following objectives:

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5 Public Welfare. The city, as a unique planned community, has greatly avoided the influences of traditional community development where signing proliferated to a point detrimental to the value and quality of the community before being regulated. The opportunity to achieve an environment free from such circumstances exists in the city and therefore shall be pursued wherever possible in order to build a community of the highest value and quality in which all citizens may take pride and enjoyment. Healthy Economy. An objective of this chapter is to allow businesses to identify themselves so that clients can find them with a minimum of confusion. This is achieved by effective signing which is necessary, concise, well designed, and well executed. It is recognized that signs are an economical and effective means of communicating information and are thus an important asset to most businesses. Freedom of Speech for Signs. The city recognizes the importance of signs in the exercise of free speech. The city finds it necessary to regulate the time, place, and manner of the placement of signs for the following reasons:A.Prohibition of signs on public street medians, bridges, public utility box or any poles used for public utility, traffic control signs, traffic signals, or street signs is necessary to: prevent visual distractions to motorists which create traffic hazards, prevent unsafe road conditions, and to prevent eyesores from proliferating along public streets. B.Regulation of the size of signs is necessary for safety and aesthetic reasons, specifically, that the strong winds that are common in Foster City would remove the signs, creating hazards and accumulation of debris, and extremely large or illuminated signs would create a distraction to motorists.17.59.020 Applicability.The standards in this chapter shall apply to all signs in all zoning districts in the city constructed or physically altered on or after the effective date of this title. Only signs authorized by this chapter shall be allowed unless otherwise expressly provided in this chapter. 17.59.030 Definitions. As used in this chapter, the terms listed below are defined to mean the following: “Abandoned Sign” means a sign which no longer directs, advertises, or identifies a legal business establishment, product, or activity on the premises where such sign is displayed.“Advertising Structure” means a structure erected or used for the purpose of supporting or displaying a message or sign. “Affected Wall Surface Area” means the solid wall surface area between the top story row of windows and the roof line running the length of the building elevation (or the subject portion of the building elevation) on which the sign is proposed to be placed or the surface area of any separate element of the building on which the sign is proposed to be placed, provided that the separate element is located at or near the top of the building. “Aggregate Total Glass Surface Area” means the product of multiplying the length times the width of the storefront glass surface along a single building elevation with the proviso that window panel separations

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6 (mullions, grids, etc.) that are less than six inches wide shall be counted within the aggregate total glass surface area available for signage, and window panel separations or building structural elements separating windows that are six inches or greater shall not be included within the aggregate total glass surface area available for signage. In the case of stores with more than one building elevation with window glass, the aggregate total glass surface area available for the placement of signage shall be calculated based on the dimensions of each individual elevation. Unused amounts of aggregate total glass surface area from one elevation shall not be applied to any other elevation. “Approving Authority” means that person or body (community development director, planning commission or city council) which has authority pursuant to the provisions of this chapter to approve an application for a sign permit. “Awning” means a shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework. “Banner” means a sign composed of flexible material either totally or partially secured to a structure and when partially secured is intended to be moved by the wind.“Billboard” means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.“Building Frontage” means the width of the face of a building abutting the public right-of-way or primary pedestrian access. “Bulletin Board” means a board, either in a freestanding kiosk or on a wall, on which temporary bulletins or notices are posted. “Business Face; Frontage” means the exterior surface of a building given to an individual business, including exposed foundation, windows, doors, parapet, fascia, and wall area, but not including any overhanging fascia, canopy, marquee, awning, or roof surface. “Business Frontage (primary)” means the width of the face of a business abutting, or if not abutting, exposed to a public right-of-way. In the case of multiple frontages abutting public rights-of-way, the longest frontage shall be considered the primary business frontage. “Business Frontage (secondary)” means the width of the face of a business abutting a secondary street, freeway, parking lot, or pedestrian access. “Cabinet; Can; Lightbox; Panel Sign” means an internally illuminated sign consisting of a frame with a continuous translucent message panel. “Canopy” means a permanent structure extending from part or all of a building elevation for the purpose of providing shade or shelter. “Canopy Sign” means a sign mounted to the face, above, or suspended below the canopy structure. “Changeable Copy Sign” means a sign that is designed so that characters or letters can be changed or rearranged without altering the face or the surface of the sign.

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7 “Channel Letter” means a sign that includes a three-dimensional letter that may include internal illumination.“Commercial Office Building” means a building used for administrative, professional, and business office purposes. “Commercial Center” means a group of five or more contiguous businesses which utilize common off-street parking and access, which exhibit a common architectural design. “Commercial Uses” means a retail or similar use in a commercial center or on a property zoned C-1 (retail business), C-A (commercial automobile repair and service), C-2/PD (town center commercial/planned development), or CM/PD (commercial mix/planned development district). “Construction Sign” means any sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. See Section 17.59.080K of this chapter. “Directional Sign” means an incidental sign designed to guide or direct pedestrian or vehicular traffic. “Freestanding Sign” means a permanent sign attached to the ground and which exhibits sign graphics on one or two faces. Both shall be the same on both faces where one side of the sign’s copy area shall satisfy any sign area requirements. “Freeway” means State Highway 92 or State Highway 101. “Halo Lighting” means illumination of individual letters, numbers, or graphics having an opaque surface, using internal, reverse illumination where the light source is not directly visible. “Identification Sign” means a permanent sign which identifies a building, occupant, or activity conducted on the premises. “Illegal Sign” See Section 17.59.140B of this chapter. “Illumination (external)” means the illumination of a sign by a light source that is directed towards and shines on the face of a sign. “Illumination (internal)” means any light from a source contained within the sign itself and the light source is not directly visible. Such signs shall be required to include a dimming device to reduce the intensity of light when necessary. “Industrial Center” means a group of industrial buildings which utilize common off-street parking and access, and exhibits a common architectural design."Inflatable Sign” means a sign consisting of a flexible envelope of material(s) that gains its shape from blowing air into its volume.“Logo” means a symbol, picture, or other graphic representation used by an entity to consistently identify itself.

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8 “Marquee Sign” means a sign with changeable copy that may be a canopy or roof-like projection above the entrance to a theater, hotel, or other building, or a wall sign attached to a building, or a freestanding sign on the premises where the business is located. "Master Sign Program” means a plan which identifies the placement, construction, size, materials, colors, method of lighting, and other related requirements for those signs that are subject to the plan."Monument Sign” means a sign that is erected on the ground or on a constructed base that is designed as an architectural element for the site. “Neon” means tubes illuminated by a light source consisting of neon gas, other gases, LEDs, or other light sources which are bent to form letters, symbols, or other shapes. “Nonconforming Sign”. See Section 17.59.140A of this chapter. “Off Premise Sign”means a sign that is not located on the property of business which it is advertising. “Office Center” means a group of commercial office buildings which utilize common off-street parking and access, and which exhibit a common architectural design.“Office Use” means an administrative, professional, and business office use in an office center or on a property zoned C-O (Commercial Office District), C-1 (Neighborhood business district), C-2 (General Business District), or C-M (Commercial Mix District). “Painted Wall Sign” means a sign painted directly on a building’s surface and shall comply with the dimensional development standards for wall signs in Section 17.59.080. “Parapet Or Parapet Wall” means that portion of a building wall which rises above the roof. “Pedestrian Access (primary)” means the single doorway located and designed to be the major entry to a building. “Pedestrian Access (secondary)” means doorways, other than the primary pedestrian access, for gaining entry to a building. “Portable Sign” means a sign not permanently affixed to the ground or a structure on the premises it is intended to occupy. “Projecting; Blade Sign” means a building mounted sign that projects perpendicular to the building’s surface. “Promotional Sales Sign” means a sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, new services, a special sale, or similar purpose. “Property Frontage” means the linear dimension of a parcel of property abutting a public street. “Public Convenience Sign”. See Section 17.59.090 of this chapter. “Pylon Sign” means a freestanding sign with a visible support structure.

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9 “Real Estate Sign”. See Section 17.59.080K of this chapter. “School” means a public or private elementary school, junior high school, or high school.“Setback” means the distance measured to the property line.“Sign” means a visual communications device used to convey a message to the viewer. A sign shall not include lighting or paint used to highlight the architectural features of a building which were approved pursuant to an architectural review application and does not include any devices placed inside a building which are not defined as window signs pursuant to this Section.“Sign Area”. See Section 17.59.050A of this chapter. “Sign Base” means the post(s) or supporting structure between the ground and the background or frame (if present) of a freestanding or monument sign. “Sign Copy” means any words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign, but does not include color. “Sign Graphics” means all lettering, logos, pictures, symbols, patterns, and depictions, including color, on a sign. “Sign Height of a Freestanding Sign” means the distance from the average surface grade surrounding the base of the sign to the top of its highest element, including any structural element. Where a sign is placed on a mound, the height of the mound shall be included.“Sign Use Permit” means an application to increase the normally allowed sign area, number of signs, types of signs, and/or to allow alternative locations of signs. See Section 17.59.040B.2(b) of this chapter. “Temporary Noncommercial Right-Of-Way Signs” means a temporary sign for noncommercial purposes located in the city’s right-of-way. Temporary noncommercial right-of-way signs shall be subject to the provisions of Section 17.59.060M. “Temporary Sign”. See Section 17.59.080 of this chapter.“Typical Sign Permit” means a sign permit which is not a sign use permit or a variance sign permit. “Variance Sign Permit” means a sign permit that allows an increase in the maximum standards set forth in this chapter such as height, size, and location of any sign, based on practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this chapter. See Section 17.59.040B.2(c) of this chapter. “Vehicle Display; Wrap Sign” means a sign attached to, or wrapping the surface of a motor vehicle which is parked on public or private property with the purpose of advertising to the public. “Wall Sign” means a sign attached to and flat against a building wall or structure.

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10 “Window Sign” means all signs in any nonresidential zoning district, visible from outside the building, and placed in any of the following locations (see Section 17.59.060E of this chapter for window signs exempt from sign permit requirements):1. Affixed to or placed within three (3) feet of a window;2. Neon signs placed within ten (10) feet of a window (see Section 17.59.100B(TABLE 3-A) of this chapter regarding prohibition of these neon signs); or 3. Neon signs placed ten (10) feet or more from a window (see Section 17.59.100B(TABLE 3-A) of this chapter regarding sign permits required for these neon signs).17.59.040 Sign permits. No sign shall be authorized, constructed, placed, altered, or moved except in conformity with these regulations and without first obtaining a sign permit where required, paying prescribed fees, and otherwise complying with all other applicable provisions of federal, state and local law, except as exempt pursuant to Section 17.59.060. No sign permit is required for exempt signs, or for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made.A. Permit application.To obtain a sign permit, the applicant shall first submit a permit application form, plans and/or specifications, and the required fees to the community development director or his, her, or their authorized representative. Depending on the proposal, one of the three following application types and requirements shall apply: 1.Application. Application for a Sign Permit shall be made upon forms furnished by the director and accompanied by the required fee and working drawings adequate to show: (a) Site plan showing (i) Location of building(s) and proposed signs (including tenant space location). (b) Detailed elevation of sign(s) both new and existing, showing (i) Dimensions of sign(s);(ii) Sign Area; (iii) Color; (iv) Size and letter style of sign copy;(v) Size and style of proposed logo;(vi) Sign materials; and, (vii) Method of illumination.

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11 (c) Schematic building elevation showing (i) Dimensions of building frontage; and, (ii) Exact location of existing and proposed signage (Photo simulations may be submitted for sign copy changes). (d) Installation detail showing cross section through the sign and specifications of hardware and materials. 2. Fees. The applicant shall pay all applicable fees as set in the master fee and service charges schedule as adopted by resolution by the city council. B. Criteria for Review. 1. Community Development Director Review. (a) Administrative Sign permit. A typical sign is one that meets the minimum requirements as set forth in this chapter and does not require a use permit or variance. 2. Planning Commission Review. (a) Sign Use Permit for a master sign program and/or modifications to an existing master sign program. The planning commission shall review and approve all signage requiring a master sign program, including modifications, except minor modifications as determined by the community development director under Section 17.59.120C. (b) Sign Use Permit. (i) The planning commission may, upon approval of a use permit, allow additional sign types, amounts and locations over and above those set forth in any Section of this chapter.(ii) Under such use permit sign request approval, the planning commission may increase normally allowed sign area by up to fifty percent (50%) for any sign and may allow such additional numbers and types of signs as may be deemed appropriate. (iii) Prior to approving a use permit sign request, the planning commission shall find that the proposed sign complies with the requirements of this chapter. (c) Sign permits requiring a variance. The planning commission may, upon approval of a variance for signage, allow for the approval of sign permits when practical difficulties, unnecessary hardships as a result of parcel size and/or shape, topography, location, or surroundings such that the strict

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12 application of the standards contained in this chapter deprives the property of privileges enjoyed by other property in the vicinity and under identical use classification. Prior to approving a variance sign permit, the planning commission shall make the following findings: (i) Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the standards contained in this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical use classification. (ii) The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity with the same use classification as the subject property.C. Review and Approval.1. Upon acceptance of a sign application, the Planning Division shall review the request for compliance with the standards and requirements of this chapter, and with any standards established in a Master Sign Program. 2. No permit for construction will be issued until design review, if required, has been granted and the application has been found in conformance with the approved design. 3. The community development director shall have the authority to determine what application(s) are required for all proposed signage; to administer the sign review process; to establish submittal and review requirements; and to determine the completeness of applications for any actions allowed or required under the provisions of this chapter. 4. The community development director shall have the authority to administratively approve minor modifications to approved sign permits with respect to colors, materials, elevations, site plans, landscape plans, lighting, and other physical changes of a similar nature. Modifications to approved permits shall be minor in nature, shall not affect the basic character of the sign; nor deviate from the intent of the planning commission as determined by the community development director, or from the requirements of this chapter.5. The community development director may refer any sign permit to the planning commission for comment or final action. 6. The applicant shall obtain a building permit after the issuance of a sign permit.D. Notice of Decision. 1. Written notice of the decision shall be provided to the applicant within ten (10)calendar days after the decision is rendered.

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13 2. The Notice of Decision and/or Planning Commission Resolution shall clearly state any conditions of approval and applicable appeal provisions. E. Appeals. In case the applicant or any other person is not satisfied with any decision to approve or deny a sign permit, they may appeal such decision as follows: 1. An appeal letter must be submitted specifying the following:(a) The person making the appeal; (b) The specific item of appeal, and all supporting documentation; (c) The basis for such appeal and information substantiating the basis for appeal (e.g. failure to comply with the city’s general plan, state or local laws; or stating reasons why the action of the community development director or planning commission would adversely affect surrounding property, the neighborhood, and/or the city); and, (d) The relief or action sought. 2. Decisions of the community development director may be appealed to the planning commission, and decisions of the planning commission may be appealed to the city council. (a) Any appeal must be submitted in writing within ten (10) calendar days of the decision and shall be accompanied by an appeal filing fee, set by resolution of the Council.(b) Appeals of decisions of the community development director shall be submitted to the planning division. The appellant shall be notified in writing of the meeting date.(c) Appeals of decisions of the planning commission shall be submitted to the city clerk for a hearing by the city council. The appellant shall be notified in writing of the meeting date.(d) In any appeal, the burden of proof is upon the appellant. 3. If an appeal is granted and requires a sign to be modified or denied, the sign shall be modified or denied as directed by the body granting the appeal. F. Sign permit issuance. 1. For sign permits issued by the community development director or planning commission, such approval shall not be effective until the following occurs: (a) The appeal period expires and no appeal is filed; or

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14 (b) An appeal is filed and a final determination is made by the body denying the appeal. G. Additional permits and limitations. In addition to the sign permit, a building permit may be required, such as a mechanical and/or electrical permit. It shall be the responsibility of the applicant to obtain such additional permits, if required, from the building official.The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or approval of, any violation of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is lawful. H. Expiration of sign permit. 1. Every permit issued under the provisions of this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty days (180) from the date of such permit, or if the work authorized is suspended or abandoned at any time after the work is commenced, for a period of one hundred eighty (180) days. 2. The community development director may extend the time limit for reasonable cause and if no changes are made to the plans and specifications. Denial of a request for time extension may be appealed as provided in Section 17.59.040E.3. 17.59.050 Measurement of Signs.A. Measuring Sign Area.The area of a sign face includes the entire area within a single continuous perimeter composed of squares and rectangles that enclose the extreme limits of all sign elements, including, without limitation, sign structures or borders, written copy, logos, symbols, illustrations, and color. Supporting structures, such as sign bases and columns, are not included in the sign area, provided that they contain no lettering or graphics except for addresses or required tags. 1. Single-Faced Signs. The sign area of a sign with a single face area is the area of the sign face. (a) If the sign consists of an integral surface and has a regularly shaped perimeter, the area of the sign shall be calculated as the area within the perimeter.

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15 Area = (X)(Y); where X is the width and Y is the height (b) If the message surface consists of noncontiguous segments or has an irregularly shaped perimeter, then the area of the sign shall be all of the area encompassed within a single continuous rectilinear perimeter of not more than ten (10) straight lines enclosing the extreme limits of the message surface, and including any color, material, or graphic which is integrated therein which differentiates the message from the background against which it is placed.

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16 Area = [(X1)(Y1)]+[(X2)( Y2)] +[(X3)(Y3)]2.Double-Faced Signs. Where two (2) faces of a double-faced sign are located two(2) feet or less from one another at all points, or located at an interior angle of forty-five (45) degrees or less from one another, the sign area of double-faced signs is computed as the area of one (1) face. Where the two (2) faces are not equal in size, the larger sign face will be used. Where two (2) faces of a double-faced sign are located more than two (2) feet or greater than forty-five (45) degrees from one another, both sign faces are counted toward sign area.3.Multi-Faced Signs. On a multi-faced sign, where at least one interior angle is forty-five (45) degrees or less, the area of two (2) faces (the largest and smallest face) must be summed to determine sign area. In all other situations involving a sign with three (3) or more sides, the sign area will be calculated as the sum of all faces.

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17 B. Height of Sign. The height of a sign is the vertical distance from the highest element, including any structural element, to the existing grade immediately below the sign. If the sign is a freestanding sign located on a sloping surface, the measurement shall be taken from the highest element, including any structural element, to the average surface grade surrounding the base of the sign.C. Frontage.1.Building Frontage. A building’s frontage is considered continuous if projections or recesses in a building wall do not exceed ten (10) feet in any direction. For buildings with two (2) or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.2.Street Frontage. The length of street frontage is measured along the property line adjacent to the public right-of-way.17.59.060 Exempt Signs. Except as otherwise provided in this chapter, the following signs are declared to be exempt from the requirements of sign permit application, review, approval, and fees, but must adhere to all other regulations of federal, state and local laws:A. Government Signs. Government signs required by law and essential for public serviceincluding: traffic signs; pavement markings; fire and police signs; signals; devices and markings erected by Federal, State, or local governments, including, but not limited to the San Mateo County, the City and the Estero Municipal Improvement District.B. Utility Sign. Signs erected by public utility companies with the permission of the community development director which serve the public safety or welfare.C. Interior Signs. Signs placed on the interior of a property and inside of buildings not visible from the public right of way, not including window signs.D. Address Signs. Residential street address signs for mid and high-rise buildings greater than two (2) stories that are used for building identification. Signs may include name of occupant,

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18 or nonresidential street address signs, not exceeding one (1) square foot in area, which may be internally or externally illuminated. E. Window signs. Permanent window signs painted on or otherwise adhered directly onto a window and signs that block a window in any way are subject to the following standards.1.Location. Window signs shall not be mounted or placed on windows higher than the second story.2.Size. Maximum forty percent (40%) of the window area. F. Historic plaques and commemorative signs. Historic plaques, memorial signs or tablets, or commemorative signs indicating names of buildings and dates of building erection, either attached to or cut into the surface of buildings. 1. Size. Maximum four (4) square feet in area. G. Flags. Flags erected and located in accordance with the following standards:1.Location. Flagpoles shall not be located within any required setback.2.Height. The maximum flagpole height is thirty (30) feet. 3. Number. No more than two (2) flags per lot in Residential Districts, no more than three (3) flags per lot in all other districts. 4.Size. The maximum individual flag size is thirty-two (32) square feet. H. Mobile vendor signs. Signs affixed to mobile vending vehicles that identify or advertise the name, product, and/or service provided by the vendor. I. Commercial Signs Carried by Persons/ Commercial Mascot Signs. Any sign carried and being displayed by a person, as long as it does not obstruct the use of any public right-of-way. 1. Location. Limited to Commercial and Mixed-Use Districts. 2. Number. No more than two (2) commercial mascot signs per business. 3. Size. The area of each sign held or attended by a person shall not exceed six (6) square feet. 4. Timing of Display. Commercial Mascot signs shall not be displayed during hours when the business establishment related to the specific commercial mascot sign is not open to the public. J. Copy changes on existing legally established signs using the same materials, colors, and typeface size and style.

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19 K. Signs integrated into certain devices. Any sign integrated into or on a coin-operated machine, vending machine, fueling pump, or permitted sidewalk vendor receptacle.L. Temporary commercial signs for short-term sales or leases, including, but not limited to, garage/yard sales or signs that advertise residential and commercial properties for sale, rent, or lease, shall be exempt from Section 17.59.080. These signs shall not be illuminated, shall be mounted on a post or “A” frame may be used subject to the following restrictions: 1.Location. Signs shall not be allowed on sidewalks, streets, medians, public rights-of-way, the city’s levee pedway/bikeway, or any other location where they interfere with vehicular sight distance, nor shall they be allowed to be taped, wired, glued, tied or in any way affixed to light poles, street signs, or any public property. 2. Number. (a) One (1) such sign shall be allowed where the sale is to take place. (b) Up to four (4) additional signs, which may also exhibit directional arrows and instructions.(c) No more than three (3) such signs shall be located on a single property.3.No more than six (6) signs shall be located within forty (40) feet of an intersection. 4.Size. The area of each sign shall not exceed four (4) square feet.5. Height. Temporary commercial signs for short-term sales or leases mounted on a post shall be no taller than forty (40) inches. 6. Duration of display. Temporary commercial signs shall not be displayed for more than ten (10) consecutive days and shall be removed no later than ten (10) days after the completion of the event. M. Temporary noncommercial right-of-waysigns which meet the following criteria:1.Location. Temporary noncommercial right-of-way signs shall not be placed in any public street median, or on any bridge, public utility box, or any pole used for public utility, traffic control signs, traffic signals, or street signs. Temporary noncommercial right-of-way signs shall not be placed in any public parks or the city’s levee pedway/bikeway. Temporary noncommercial right-of-way signs shall not interfere with pedestrian or bicycle circulation on or along sidewalks, pathways, bicycle paths, or the city’s levee pedway/pedway. With the exception of public parks and the city’s levee pedway/bikeway, temporary noncommercial right-of-way signs may be placed on public property within the first ten (10) feet back of the sidewalk or ten (10) feet from the curb, when no sidewalk is present. In addition, temporary noncommercial right-of-way signs shall not be

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20 placed in or along public rights-of-way in a manner that blocks views of walkways, pedestrians, or traffic control device, or creates a sight distance problem for the drivers of vehicles. No temporary noncommercial right-of-way signs shall be located within the twenty-five (25) foot sight triangle. 2.Size. Temporary noncommercial right-of-way signs shall be no larger than four (4)square feet. 3.Height. Temporary noncommercial right-of-way signs shall be no taller than forty (40) inches. 4. Duration of Display. Temporary noncommercial right-of-way signs relating to an upcoming event may be placed ninety (90) days prior to the date of the event and shall be removed no later than ten (10) days after completion of the event. 5. Other Provisions. (a) Illumination. Temporary noncommercial right-of-way signs shall not be illuminated. (b) Removal. Any temporary noncommercial right-of-way signs deemed to have damaged public property shall be subject to immediate removal by the city. Signs placed in violation of location requirements or otherwise placed in a manner that creates a hazardous condition shall be subject to immediate removal by the city. N. Temporary noncommercial signs placed on private property signs which meet the following criteria:

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21 1.Size. (a)Residential Districts. Temporary noncommercial signs placed on private property shall be no larger than four (4) square feet. (b) Other Zoning Districts. Temporary noncommercial signs placed on private property shall be no larger than eight (8). 2. Height. Temporary noncommercial signs placed on private property shall be no taller than forty (40) inches. 3. Duration of Display. Temporary noncommercial signs relating to an upcoming event may be placed no earlier than ninety days prior to the date of the event and shall be removed no later than ten (10) days after the completion of the event. 4. Other Provisions. (a) Illumination. Temporary noncommercial signs shall not be illuminated. (b) Setback. Temporary noncommercial signs shall be set back at least two (2) feet from all property lines. (c) Owner’s Authorization. Temporary noncommercial signs may only be allowed with the owner’s consent. 17.59.070 Prohibited Signs. Except as otherwise provided in this chapter, the following signs and circumstances are prohibited:A. “A” Frame Sign. Any sandwich board “A” frame sign or other portable sign, except those signs allowed pursuant to Section 17.59.060 or Section 17.59.080 of this chapter.B. Animated or Moving Signs. Animated, flashing, blinking, reflecting, revolving, or other similar signs with visibly moving or rotating parts or visible mechanical movement of any kind, unless expressly permitted by another Section of this chapter. This provision does not apply to signs using digital display technology, such as LED (light emitting diodes) or functionally equivalent display methods, which are permitted, subject to the regulations of this chapter. C. Balloons, Inflatable Signs, Streamers, Pennants, and Other Attention-Getting Devices. Balloons, inflatable signs, streamers, pennants, and other attention-getting devices, made of light-weight fabric or similar material, designed to rotate or move with the wind, that direct, promote, or that are otherwise designed to attract attention are prohibited. Businesses that do not have a business frontage abutting a public right-of-way may apply for an administrative sign permit. D. Banners and pennants (except as allowed by Section 17.59.070 of this chapter).

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22 E. Billboard. Signs specifically allowed to direct attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the property on which the sign is located. F. Changeable Copy Signs. Except those specifically allowed by Section 17.59.060E andSection 17.59.090 of this chapter. G. Freeway Signs. Signs facing a freeway except secondary frontage commercial business identification signs allowed pursuant to Section 17.59.090 of this chapter to advertise the sale or lease of the property or premises as provided in this chapter, or to designate the name of the owner or tenant of the premises.H. Home Occupation Signs. Any sign indicating a home occupation. I. Illuminated signs where:1. Nonresidential uses are facing directly onto a contiguous residential property;2. Externally illuminated source of light is directly visible to pedestrians or vehicular traffic; 3. Internally illuminated signs that have a directly exposed neon tube, except as allowed pursuant to Section 17.59.100 of this chapter; and4. Any sign illumination which, in the opinion of the community development director, exhibits undue glare.J. Mobile Billboards. Any sign carried, conveyed, or hauled by a vehicle for the purpose of general advertising for hire. The purpose of this prohibition is to eliminate mobile billboard advertising within the city in order to reduce traffic congestion, promote the safe movement of vehicular traffic, to reduce air pollution, and improve the aesthetic appearance of the city. This prohibition does not apply to displays on vehicles related to the goods or services provided by the vehicle owner or operator and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the city.K. Roof Signs. Signs erected on roofs or above the first story of multistory buildings, except signs allowed on office buildings six or more stories in height pursuant to Section 17.59.100of this chapter and, with planning commission approval of a sign use permit, on hotels pursuant to Section 17.59.040.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.

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23 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;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

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24 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 signs which identify or advertise a product or service 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.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.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. A. Temporary window signs which are exempt pursuant to Section 17.59.060 of this chapter. B.Real estate signs as indicated in Table 1-A and as exempt pursuant to Section 17.59.060 ofthis chapter. C. Construction signs and construction trailer signs as indicated in Table 1-A.D. Temporary noncommercial signs which are exempt pursuant to Section 17.59.060N of this chapter. E. “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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25 (b) Impede any line of sight for motorists at vehicular public right-of-way intersections, as recommended by thepublic 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.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.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) 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) 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.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. 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.

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26 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. (a) Signs shall be kept clean and in good repair at all times that they are in use. G. 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 sign shall be temporary, designed either as a wall sign or a window sign. The sign can be in the form of a banner. 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) 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. 4. Time of Display. Promotional sales signs shall be limited to sixty (60) days maximum per calendar year. 5. Other Requirements. (a) The community development director may require special design criteria for promotional signs that he/she/they determines require special treatment beyond what is contained in subsections (G)(1) through (5) of this section. (b) Signs shall be kept clean and in good repair at all times that they are in use. H. Special Events and Sales. Sidewalk or parking lot sales, carnivals, exhibits and parades. 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. 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.

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27 I. Recurring Events.Nothing in this chapter shall prohibit the community developmentdirector 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. Urgently Needed Signs. Any signs deemed by the community 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 community development director determines that the sign is no longer urgently needed. 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, text, square footage, colors, materials, and criteria for location such as setbacks from streets and corners. Notwithstanding approval of a prototypical real estate sign, the specific location of each such sign shall be approved by the community development director prior to installation. TABLE 1-A REAL ESTATE AND CONSTRUCTION SIGNS CLASS & PURPOSE LAND USE & SIZESIGN AREA (MAX)REMARKSConstruction Sign: Identify construction or project underwayResidential any size Four (4) square feet1. Removal required within sixty (60) daysof completion of construction, subject to a permit issued prior to placement of sign.Nonresidential up to one (1) acre Sixteen (16) square feet1. Removal required within sixty (60) days of completion of construction. 2. Fifteen (15) feet minimum setback.Nonresidential more than one (1) acreThirty-two (32) square feet1. 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 feet1. 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 feetCommercial and Industrial more five (5) acresThirty-two (32) square feet

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28 Real Estate Sign: Soliciting tenants in a future project for which plans have been approved; or,entire existing developed properly for sale or leaseCommercial and Industrial up to one (1) acre Sixteen (16) square feet1. 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) acreThirty-two (32) square feetReal Estate Sign: Soliciting tenants in an existing developed property Commercial and IndustrialSixteen (16) square feet1. 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.Real Estate Sign: Offering an entire existing developed property for sale Other than commercial and industrial up to one (1) acre Sixteen (16) square feet1. Removal required upon sale of property.Other than commercial and industrial more than one (1) acreThirty-two (32) square feetReal Estate Sign: Announce, locate, identify, or advertise a development of new residencesOther than commercial and industrial any size Four (4) square feet Real Estate Sign:PermanentAll 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 (1) sign per street frontage per construction project.L. Additional requirements:1. Conditions of approval may be added by the approving authority.2. 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.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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29 17.59.090 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 community 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. 17.59.100 Sign Development Standards.A. Residential Uses. TABLE 2-ARESIDENTIAL USES CLASS SIGN TYPE NUMBER SIGN AREA (MAX) HEIGHT (MAX)REMARKSSubdivision of single-family homes, townhouses(less than 50 units), Condominiums (less than 50 units)Freestanding Sign1. 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, asecond freestanding sign may be allowed on the second frontage.Twenty (20) square feet Four (4) feet1. Sign area is only calculated for one (1) side of a freestanding sign. 2. Signs may be internally or externally illuminated.Individual Residence IdentificationOne (1) street address sign per residence. Exempt Sign Directional Signs Refer to Section 17.59.090Townhouses, Condominiums, and/or mixed- A Master Sign Program is required and shall be approved by the

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30 use residential development of 50 or more unitsplanning commission.Refer to Section 17.59.120Apartments, 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) feet1. 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 information4. 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. 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 Directional Signs Refer to Section 17.59.090Individual Residence IdentificationOne (1) street address sign per residence.Exempt SignB. Commercial Uses. TABLE 3-ACOMMERCIAL USESCLASS SIGN TYPE NUMBER SIGN AREA (MAX)HEIGHT (MAX)REMARKS

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31 Commercial Centers less than 5 acres Freestanding identification Sign -Commercial CenterOne (1) freestanding sign. Ten (10) square feet per acre for sign identification of the center. Sixteen (16) feet1. 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) feet1. Signs shall be restricted to the identification of the name and address of the tenant. 2. Signs may be internally or externally illuminated.Wall Sign – Tenant identification One (1) wall sign on the primary business frontage; and,Sign area shall be one-half square foot per linear foot 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.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.Awning and canopy Signs – Tenant identification One (1) for each establishment having entrance under or Five (5) square feet 14 feet with min. clearance of 8 feet1. Awning shall not be illuminated.2. Canopy signs may be internally or externally illuminated.

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32 offering service under the awning or canopy. Projecting Signs – Tenant identification One (1) for each building frontage or tenant space. Five (5) square feet 14 feet with min. clearance of 8 feet1. 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. 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. 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)

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33 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 17.59.090Commercial Centers 5 acre and larger – A Master Sign Program is required and shall be approved by the planning 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 Sign may be internally or externally illuminated.

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34 the primary business frontage sign. Awning and canopy SignsOne (1) for each establishment having entrance under or offering service under the awning or canopy. Five (5) square feetFourteen (14) feet with min. clearance ofeight (8) feet1. Awning shall not be illuminated.2. Canopy signs may be internally or externally illuminated. Projecting Signs One (1) for each building frontage or tenant space.Five (5) square feet Fourteen (14) feet with min. clearance ofeight (8) feet1. 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. 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 17.59.090C. Office Uses.

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35 TABLE 4-AOFFICE USESCLASS SIGN TYPE NUMBER SIGN AREA (MAX) HEIGHT(MAX)REMARKSOffice Centers less than 5 acres Freestanding identification Sign - Office Center One (1) freestanding sign. Ten (10) square feet per acreFour (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.Wall Sign -Building or Major Tenant IdentificationOne (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) additionalsign 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.

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36 Office Center -Remaining Tenant IdentificationFreestanding identification Sign or wall sign or Awning and canopy Sign Projecting SignOne (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 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 registeredcorporate logos. 3. For office buildings four (4) or five (5) stories in height, one (1) additional nonilluminated wall identification sign may be allowed.

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37 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 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 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 centerFreestanding 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 A Master Sign Program is required and shall be approved by the planning commission. Refer to Section 17.59.120.

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38 D. Industrial Uses. TABLE 5-AINDUSTRIAL USESCLASS SIGN TYPE NUMBER SIGN AREA (MAX)HEIGHT (MAX)REMARKSIndustrial Center less than 5 acresFreestanding identification Sign –Industrial Center IdentificationOne (1) freestanding identification sign. Ten (10) square feet of sign area per acre, but no such sign shall exceed fifty (50) square feet in areaFour (4) feet 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.Wall Sign –used to identify Building or Major TenantOne (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 IdentificationFreestanding 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 Freestanding Identification or Wall sign One (1) freestanding One-eighth square foot of sign area for each one (1) linear Four (4) feet for freestanding Identification signs may be internally or externally illuminated if

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39 Industrial CenterIdentification or Wall sign. foot of business frontage or ten (10) square feet, whichever is less. identification signa wall sign, or externally illuminated if a freestanding sign. Directional SignsRefer to Section 17.59.090.Industrial Center larger than 5 acres A Master Sign Program is required and shall be approved by the planning commission. Refer to Section 17.59.120.E. Quasi-Public Uses. TABLE 6-AQUASI-PUBLIC USESCLASS SIGN TYPE NUMBER SIGN AREA (MAX) HEIGHT (MAX)REMARKSReligious 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 Sign. 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.

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40 TABLE 7-AGASOLINE SERVICE STATIONSCLASS SIGN TYPE NUMBER SIGN AREA (MAX)HEIGHT (MAX)REMARKSGas Service StationFreestanding Identification SignOne (1) freestanding sign Twenty-five (25) square feet Eight (8) feetSign 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 property frontage Twenty (20) square feetEight (8) feet1. Signs shall be allowed to indicate the prices and types of gasoline for sale. This information 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 17.59.060One (1) illuminated window sign per store Ten percent (10%) of the aggregate total glass surface area of the store or three-squarefeet, whichever is less1. 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

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41 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 uses of a quasi-public nature. 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;

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42 (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. 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: 1. The Master Sign Program is consistent with the Foster City general plan and Title 17, Zoning, and Chapter 17.06, 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; and4. Directional signage and building addressing is adequate for pedestrian and vehicular circulation and emergency vehicle access.17.59.130 Construction and Maintenance.

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43 A. Construction-installation. All permanent and temporary signs shall be constructed 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: 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 related 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. A. Nonconforming Signs. Every sign in existence on the effective date of this chapter, and for which a sign permit was granted pursuant to prior 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. 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. 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. The sign is remodeled or otherwise altered, and such remodeling or alteration is other than solely a change in sign copy.

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44 4. The sign is affected by expansion, enlargement, or remodeling of the building or land use upon which the sign is located. 5. The sign is relocated.6. The sign is temporary.7. The sign is or may become a danger to the public or is unsafe as determined by the community development director.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. B. Illegal Signs. 1. The following signs shall be considered illegal: (a) Signs in existence on the effective date of this chapter and which are considered nonconforming, and whose abatement period pursuant to such ordinance has expired. (b) Signs which were not in conformance with the sign regulations in effect at the time they were erected. (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. 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 community 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 community development director or his/her/their designated representative. 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. A fine not exceeding one hundred dollars ($100) for a first violation; 2. A fine not exceeding two hundred dollars ($200) for a second violation of the same provision within one (1) year; and, 3. A fine not exceeding five hundred dollars ($500) for a third or subsequent violation of the same provision within one (1) year.

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45 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. 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. E. Duties. It shall be the duty of the community 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 community development director or his/her/their designated representative. It is unlawful for any person not authorized by the community 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 community 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.

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1 Chapter 15.1217.59

SIGN CONTROL
SECTIONS: Page

17.59.010 Purpose, Objective and Intent ............................................................................................... 2

17.59.020 Applicability ......................................................................................................................... 2

17.59.030 Definitions............................................................................................................................. 3

17.59.040 Sign permits .......................................................................................................................... 8

17.59.050 Measurement of Signs......................................................................................................... 18

17.59.060 Exempt Signs ...................................................................................................................... 21

17.59.070 Prohibited Signs .................................................................................................................. 27

17.59.080 Temporary Signs ................................................................................................................. 31

17.59.090 Public Convenience Signs................................................................................................... 37

17.59.100 Sign Development Standards .............................................................................................. 37

17.59.110 Signs for Specific Use ......................................................................................................... 48

17.59.120 Master Sign Program .......................................................................................................... 49

17.59.130 Construction and Maintenance ........................................................................................... 57

17.59.140 Enforcement ........................................................................................................................ 58

Purpose, objective and intent.

Definitions.

Sign permits required.

Permit application.

Permit fees.

Sign permit review process.

Criteria for sign approval.

Approving authority review.

Appeals.

Sign permit issuance.

Additional permits and limitations.

Expiration of sign permit.

Construction and maintenance.

General provisions.

Prohibited signs.

Exempt signs.

Temporary signs.

Public convenience signs.

Signs allowed for specific uses.

Enforcement.

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2 Sign guidelines for specific developments.
* Prior ordinance history: Ord. 349.

17.59.010 15.12.010 Purpose, Objective and Intent..

The purpose of this chapter is to establish standards for signage which help people find what they need without difficulty or confusion and to help preserve and improve the appearance of the city. Therefore, all signs shall be regulated to assure that they promote both the goals and objectives of the community and the public health, safety and general welfare.

This chapter establishes standards for the erection, display, safety, and maintenance of signs which are intended to meet the following objectives:

Public Welfare. The city, as a unique planned community, has greatly avoided the influences of traditional community development where signing proliferated to a point detrimental to the value and quality of the community before being regulated. The opportu nity to achieve an environment free from such circumstances exists in the city and therefore shall be pursued wherever possible in order to build a community of the highest value and quality in which all citizens may take pride and enjoyment.

Healthy Economy. An objective of this chapter is to allow businesses to identify themselves so that clients can find them with a minimum of confusion. This is achieved by effective signing which is necessary, concise, well designed and well executed. It is recognized that signs are an economical and effective means of communicating information and are thus an important asset to most businesses.

Freedom of Speech for Signs. The city recognizes the importance of signs in the exercise of free speech.

The city finds it necessary to regulate the time, place, and manner of the placement of certain signs for the following reasons:

A. 1. Prohibition of temporary noncommercial right -of-way signs on public street medians, bridges, public utility box or any poles used for public utility, traffic control signs, traffic signals, or street signs is necessary to: prevent visual distractions to motorists which create traffic hazards, prevent unsafe road conditions, and to prevent eyesores from proliferating along public streets.

B. 2. Regulation of the size of temporary noncommercial right -of-way signs is necessary for safety and aesthetic reasons, specifically, that the strong winds that are common in Foster City would remove the signs, creating hazards and accumulation of debris, and extremely large or illuminated signs would create a distraction to motorists. (Ord. 651 § 2, 2022)

17.59.020 15.12.020 Applicability.

The standards in this chapter shall apply to all signs in all zoning districts in the city constructed or physically altered on or after the effective date of this title. Only signs authorized by this chapter shall be allowed unless otherwise expressly provided in this chapter.

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3 17.59.02017.59.030 Definitions.. As used in this chapter, the terms set out below are defined to mean the following:
“Abandoned Sign” means a sign which no longer directs, advertises, or identifies a legal business establishment, product or activity on the premises where such sign is displayed. “Advertising Structure” means a structure erected or used for the purpose of supporting or displaying a message or sign.
“Affected Wall Surface Area” means the solid wall surface area between the top story row of windows and the roof line running the length of the building elevation (or the subject portion of the building elevation) on which the sign is proposed to be placed or the surface area of any separate element of the building on which the sign is proposed to be placed, provided that the separate element is located at or near the top of the building.
“Aggregate Total Glass Surface Area ” means the product of multiplying the length times the width of the storefront glass surface along a single building elevation with the proviso that window panel separations (mullions, grids, etc.) that are less than six inches wide shall be counted withi n the aggregate total glass surface area available for signage, and window panel separations or building structural elements separating windows that are greater than six inches shall not be included within the aggregate total glass surface area available for signage. In the case of stores with more than one building elevation with window glass, the aggregate total glass surface area available for the placement of signage shall be calculated based on the dimensions of each individual elevation. Unused amounts of aggregate total glass surface area from one elevation shall not be applied to any other elevation.
“Approving Authority” means that person or body ( planningcommunity development director, planning commission or city council) which has authority pursuant to the provisions of this chapter to approve an application for a sign permit.
“Awning” means a shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework.
“Banner” means a sign composed of flexible material either totally or partially secured to a structure and when partially secured is intended to be moved by the wind.

“Building face” means the outer surface of a building or portion of a building given to an individual business, including exposed foundation, windows, doors, parapet, fascia and wall area, but not including any overhanging fascia, canopy, marquee, awning, or roof surface.

“Billboard” means a sign which directs attention to a business, commodity, service , or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. “Building Frontage” means the width of the face of a building abutting the public right-of-way or primary pedestrian access.
“Bulletin Board” means a board, either in a freestanding kiosk or on a wall, on which temporary bulletins or notices are posted.

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4 “Business Face; Frontage ” means the exterior surface of a building given to an individual business, including exposed foundation, windows, doors, parapet, fascia, and wall area, but not including any overhanging fascia, canopy, marquee, awning, or roof surface. “Business Frontage (primary)” means the width of the face of a business abutting, or if not abutting, exposed to a public right-of-way. In the case of multiple frontages abutting public rights-of-way, the longest frontage shall be considered the primary business frontage. “Business Frontage (secondary)” means the width of the face of a business abutting a secondary street, freeway, parking lot, or pedestrian access.
“Cabinet; Can; Lightbox; Panel Sign” means an internally illuminated sign consisting of a frame with a continuous translucent message panel.
“Canopy” means a permanent, roof-like shelter structure extending from part or all of a building elevation for the purpose of providing shade or shelter.
“Canopy Sign” means a sign mounted to the face and constructed of some durable material which may or may not project over a public right-of-way, above, or suspended below the canopy structure. “Changeable Copy Sign” means a sign that is designed so that characters or letters can be changed or rearranged without altering the face or the surface of the sign. “Channel Letter” means a sign that includes a three -dimensional letter that may include internal illumination.
“Commercial Office Building” means a building used for administrative, professional, and business office purposes.
“Commercial Center” means a group of five or more contiguous businesses which utilizesutilize common off-street parking and access and, which exhibit a common architectural design. “Commercial Uses” means a retail or similar use in a commercial center or on a property zoned C-1 (retail business), C -A (commercial automobile repair and service), C -2/PD (town center commercial/planned development), or CM/PD (commercial mix/planned development district). “Construction Sign” means any sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. See Section 17.59.080K(C) of this chapter. “Directional Sign” means an incidental sign designed to guide or direct pedestrian or vehicular traffic. “Freestanding or monument Sign” means a sign not attached to a building or other structure, but which ispermanent sign attached to the ground and which exhibits sign graphics on one or two faces, which, if two faces. Both shall be the same on both faces where one side of the sign’s copy area shall satisfy any sign area requirements.
“Freeway” means State Highway 92 or State Highway 101.

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5 “Halo Lighting; Lit” means illumination of individual letters , numbers, or graphics having an opaque surface, by the use of internal, reverse illumination where the light source is not directly visible. “Identification Sign” means a permanent sign which identifies a building, occupant, or activity conducted on the premises.
“Illegal Sign.” See Section 17.59.140B(B) of this chapter. “Illumination (external) ” means any light from a source outside the illumination of a sign and which illuminates the sign by reflection. No directly or transparently exposed a light source that is included in this definitiondirected towards and shines on the face of a sign. “Illumination (internal) ” means any light from a source contained within a sign and which is seen translucently through the face of the sign. No directly or transparently exposed itself and the light source is not directly visible. Such signs shall be required to include a dimming device to reduce the intensity of light source is included in this definitionwhen necessary.
“Industrial Center” means a group of industrial buildings which utilizesutilize common off-street parking and access, and which exhibits a common architectural design. "Inflatable Sign” means a sign consisting of a flexible envelope of material (s) that gains it shape from blowing air into its volume.
“Logo” means a symbol, picture, or other graphic representation used by an entity to consistently identify itself.

“Mural” means a picture or decoration which is painted on, or otherwise applied directly to an external wall.

“Marquee Sign” means a sign with changeable copy that may be a canopy or roof -like projection above the entrance to a theater, hotel, or other building, or a wall sign attached to a building , or a freestanding sign on the premises where the business is located.
"Master Sign Program” means a plan which identifies the placement, construction, size, materials, colors, method of lighting, and other related requirements for those signs that are subject to the plan. "Monument Sign” means a sign that is erected on the ground or on a constructed base that is designed as an architectural element for the site.
“Neon” means illumination affectedtubes illuminated by a light source consisting of a neon or other gas tube, other gases, LEDs, or other light sources which isare bent to form letters, symbols, or other shapes. “Nonconforming Sign.”. See Section 17.59.140A(A) of this chapter. “Off Premise Sign” means a sign that is not located on the property of business which it is advertising. “Office Center” means a group of commercial office buildings which utilizesutilize common off-street parking and access, and which exhibitsexhibit a common architectural design.

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6 “Office Use” means an administrative, professional, and business office use in an office center or on a property zoned C -O (Commercial Office District), C -1 (Neighborhood business district), C -2 (General Business District), or C-M (Commercial Mix District)
“Painted Wall Sign” means a sign painted directly on a building’s surface and shall comply with the dimensional development standards for wall signs in Section 17.59.080. “Parapet Or Parapet Wall” means that portion of a building wall which rises above the roof. “Pedestrian Access (primary)” means the single doorway located and designed to be the major entry to a building.
“Pedestrian Access (secondary)” means doorways, other than the primary pedestrian access, for gaining entry to a building.
“Portable Sign” means a sign not permanently affixed to the ground or a structure on the premises it is intended to occupy.
“Projecting; Blade Sign” means sign attached to a building wall or structure but which protrudes out from mounted sign that projects perpendicular to the wall or structure at an angle, as opposed to being attached flush against the wall or structurebuilding’s surface.
“Promotional Sales Sign” means a sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, to promote a special sale, or similar purpose. “Property Frontage” means the linear dimension of a parcel of property abutting a public street. “Public Convenience Sign.” See Section 17.59.090 of this chapter. “Pylon Sign” means a freestanding sign with a visible support structure. “Real Estate Sign.” See Section 17.59.060D(B) of this chapter. “School” means a public or private elementary, junior high school or high school. “Setback” means the distance measured to the property line. “Sign” means a visual communications device used to convey a message to the viewer but does. A sign shall not include lighting or paint used to highlight the architectural features of a building which were approved pursuant to a use permit oran architectural review application and also does not include suchany devices placed inside a building which are not defined as window signs pursuant to this Section.

“Sign area” means the area of the background surface, and frame if present, on which the sign graphics are displayed. The area of a sign without a background surface, or where a significantly larger building element such as a wall or fascia serves as the b ackground, shall be taken as the smallest geometric figure enclosing the graphics.

The area of a freestanding sign shall be taken as the area of only one face even though sign graphics are exhibited on both faces if both faces are identical and not more than twelve inches apart.

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7 “Sign Area” See section 17.59.050A of this chapter.
“Sign Base” means the post(s) or supporting structure between the ground and the background or frame (if present) of a freestanding or monument sign.

“Sign can” means the exterior covering or cabinet of a sign including the frame, face(s), and background.

“Sign Copy” means any words, letters, numbers, figures, designs , or other symbolic representations incorporated into a sign, but does not include color.
“Sign Graphics” means all lettering, logos, pictures, symbols, patterns , and depictions, including color, on a sign.

“Sign guidelines” means a set of criteria and a format approved by resolution of the planning commission pursuant to Section of this chapter for all signs to be located in a specific development.

“Sign Height of A Freestanding Sign ” means the distance from the average surface grade surrounding the base of the sign to the top of its highest element, including any structural element. Where a sign is placed on a mound, the height of the mound shall be included. “Sign Use Permit” means an application to increase the normally allowed sign area, number of signs, types of signs, and/or to allow alternative locations of signs. “Temporary Noncommercial Right -Of-Way signSigns” means a temporary sign for noncommercial purposes located in the city’s right -of-way. Temporary noncommercial right -of-way signs shall not be subject to the provisions of Section 17.59.060M.
“Temporary Sign.”. See Section 17.59.080 of this chapter. “Typical Sign Permit” means a sign permit which is not a use permit sign request or a variance sign permit.

“Under-canopy sign” means a sign suspended from an overhead element such as a canopy, marquee or roof.

“Use permit sign request” means an application to increase normally allowed sign area up to fifty percent more than otherwise allowed for such sign, or to allow additional numbers and types of signs, or to allow alternate locations of signs. See Section (B) of this chapter.

“Variance Sign Permit” means a sign permit whichthat allows an increase in the maximum standards set forth in this chapter such as height, size and location of any sign, based on practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this chapter. See Section 17.59.040B.2(c)(C) of this chapter.
“Vehicle Display; Wrap Sign” means a sign attached to, or wrapping the surface of a motor vehicle which is parked on public or private property with the primary purpose of advertising to the public.

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8 “Wall Sign” means a sign attached to and flat against a building wall or structure. “Window Sign” means all signs in any nonresidential zoning district, visible from outside the building, and placed in any of the following locations (see Section 17.59.060E of this chapter for window signs exempt from sign permit requirements):

1. 1. Affixed to or placed within three (3) feet of a window;

2. 2. Neon signs placed within ten (10) feet of a window (see Section 17.59.100B(G (TABLE 3-A) of this chapter regarding prohibition of these neon signs); or

3. 3. Neon signs placed ten (10) feet or more from a window (see Section 17.59.100B (TABLE 3-A) of this chapter regarding sign permits required for these neon signs). (Ord. 651 § 3, 2022; Ord. 533 § 1 (part), 2006; Ord. 520 § 2 Exh. A (part), 2005; Ord. 517 § 2 Exh. A (A), 2005; Ord. 364 § 2 (part), 1989)

17.59.03017.59.040 15.12.030 Sign permits required.

No sign shall be authorized, constructed, placed, altered, or moved except in conformity with these regulations and without first obtaining a sign permit where required, paying the fees prescribed therefor, and otherwise complying with all other applicable provisions of federal, state and local law, except as exempt pursuant to Section 17.59.060. (Ord. 364 § 2 (part), 1989) . No sign permit is required for exempt signs, or for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made.

A. 15.12.040 Permit application.. To obtain a sign permit, the applicant shall first submit a permit application form, plans and/or specifications, and the required fees to the community development director or his or, her or their authorized representative. Depending on the sign proposal, one of the three following application types willand requirements shall apply:

1. A. Typical Application. Application for a Sign Permit. To obtain a permit for a typical sign, shall be made upon forms furnished by the Director and accompanied by the required fee and working drawings adequate to show:
(a) Site plan showing
(i) Location of building attached signs (tenant space location) (b) Detailed elevation of sign(s) both new and existing, showing (i) Dimensions of sign;
(ii) Sign Area;
(iii) Color;

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9 (iv) Size and letter style of sign copy;
(v) Size and style of proposed logo;
(vi) Sign materials; and
(vii) Method of illumination.
(c) Schematic building elevation showing
(i) Dimensions of building frontage; and
(ii) Exact location of existing and proposed signage (Photo simulations may be submitted for sign copy changes).
(d) Installation detail showing cross section through the sign and specifications of hardware and materials.

2. Fees. The applicant must submit shall pay all applicable fees as set in the master fee and service charges schedule as adopted by resolution by the city council.

B. Criteria for Review.

1. Community Development Director Review.
(a) Administrative Sign permit. A typical sign is one that meets the minimum requirements as set forth in this chapter and does not require a use permit or variance.

2. Planning Commission Review.
(a) Signs Use Permit for a master sign program and/or modifications to an application, accompanied by plans, supporting information, and an application fee as established by city council resolution. The required content of the application, supporting information, and plans shall be existing master sign program. The planning commission shall review and approve all signage requiring a master sign program , including modifications , e xcept minor modifications as determined by the Community Development Director under Section

17.59.120C.2.

B. Use Permit Type Sign Permit. To obtain a use permit type sign permit which is allowed under Section of this chapter, the application procedure and required submittals are the same as for a typical sign permit, except that the applicant must also submit information supporting the request for additional signage.

Examples of reasons for requesting additional signing may include parcel size, configuration or locations, location of the building(s) on the parcel or unique qualities of the use of the parcel, any of which must relate to the finding that the additional signing is in the public interest.

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10 C. Variance Type Sign Permit. To obtain a variance type sign permit which is allowed under Section of this chapter, the application procedure and required submittal shall be the same as for a typical sign permit, except that the applicant must also submit information supporting the findings required by Section .

Examples which may be criteria to allow a variance type permit are: special circumstances applicable to the property, such as size, shape, topography, location or surroundings such that the strict application of the standards contained in this chapter depr ives the property of privileges enjoyed by other property in the vicinity and under identical use classification, and that the variance does not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity with the same use classification as the subject property. (Ord. 432 § 1 (part), 1996: Ord. 364 § 2 (part), 1989)

15.12.060 Permit fees.

A permit fee shall be required and assessed in accordance with the provisions of this chapter or as set forth in the fee schedule adopted by resolution by the governing body per the following:

A. Any sign requiring plan review and approval by the planning director and/or building official;

B. Any sign requiring approval by the planning commission or city council;

C. Any sign requiring a use permit or variance;

D. Any sign installed illegally. This fee shall be double the normal fee, if the sign was installed prior to obtaining a sign permit;
E. Appeals;

F. Any sign, erected by nonprofit and community interest organizations such as schools, churches, organized youth groups, service clubs and organizations deemed similar by the planning director may be exempt from payment of the required fees. (Ord. 364 § 2 (part), 1989)

15.12.070 Sign permit review process.

All sign permit applications, plans, specifications and other required material shall be received by the planning/code enforcement division for distribution and review. Review and approval will be as follows:

A. The community development director shall, within ten working days approve, approve with conditions, deny, or schedule the item for consideration by the planning commission. The community development director shall be required to approve all signs, ex cept sign use permits or sign variances which must be approved by the planning commission and those signs exempt under Section of this chapter.

B. The planning commission shall be required to approve all sign use permits or sign variances.

C. Signs requiring a use permit or variance shall require an advertised public hearing with public notice provided as required by Section of Title , of the Foster City Municipal Code. The sign permit application shall be agendized for the first available planning commission meeting as determined by the community development director.

D. The community development director shall have the authority to determine what application(s) are required for a given sign proposal; to administer the sign review process; to establish submittal and review requirements;

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11 and to determine the completeness of applications for any actions allowed or required under the provisions of this chapter.

E. The community development director shall have the authority to administratively approve minor modifications to approved sign permits with respect to colors, materials, elevations, site plans, landscape plans, lighting, and other physical changes of a similar nature. Modifications to approved permits shall be minor in nature, shall not affect the basic character of the sign; nor shall such changes deviate from the intent of the planning commission as determined by the community development director, or from the requirements of this chapter. (Ord. 432 § 1 (part), 1996: Ord. 364 § 2 (part), 1989)

15.12.080 Criteria for sign approval.

A sign shall be approved if it is in conformance with the provisions of this chapter and if the sign complies with the following criteria:

A. Typical Signs.

1. Signs are restrained in character and are no larger than necessary for adequate identification.

2. Signs shall serve primarily to identify the business, the establishment, or the type of activity conducted on the same premises, or the interest being exhibited or
offered for sale, rent or lease thereon; provided, however, that products and services may be identified if determined by the planning commission to be necessary to the premises or nature of the overall activity identified by the sign.

3. Signs used as identification devices, shall not excessively compete for the citizen’s attention.

4. Signs shall be harmonious with the materials, color, texture, size, shape, height, location and design of the building, landscaping, property or environment of which it is a part. Signs attached to buildings shall be incorporated into the architectur al features of the building in placement, style, proportions, materials and finish.

5. Sign designs shall be consistent with professional graphic standards.

6. Freestanding or monument signs as defined in Section , shall require a landscape planter around the base of the sign, containing shrubs and/or groundcover and flowering annual and/or perennial flowers. The size of such landscape planter shall be approved as part of the sign permit. Planting plans shall be submitted and shall include the size, species, location and spacing of plant materials, and method of separation between planter and adjacent area.

7. Sign illumination, where allowed by provisions of this chapter, shall be at the lowest level consistent with adequate identification and readability.

8. Sign illumination shall be as defined in Sections Definitions, and shall comply with the provisions of Section .

9. Internally illuminated signs, where the entire face of the sign is illuminated rather than just the graphics, are not in keeping with the desired character of signing within the city and shall, unless otherwise allowed by provisions of this chapter, be prohibited.

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12 10. No sign shall be illuminated except where expressly allowed in the provisions of this chapter.

(a)(b) B. Signs Requiring a Use Permit.

1. .
(i) The planning commission may, upon approval of a use permit, allow additional sign types, amounts and locations over and above those set forth in any Section of this chapter.

(ii) 2. Under such use permit sign request approval, the planning commission may increase normally allowed sign area by up to fifty percent (50%) for any sign, and may allow such additional numbers and types of signs as may be deemed appropriate.

3. The intent of this section is to facilitate creation of thorough and integrated signing systems for multi-tenant developments, to allow additional, larger, or different types of signs where conditions warrant, and to encourage expressive, high quality sign designs which will enhance the character or value of the community.

(iii) 4. Prior to approving a use permit sign request, the planning commission shall find that the additional signing is in the public interest and that the signs will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or injurious or detrimental to property or improvements in the neighborhood or the general welfare of the city sign complies with the requirements of this chapter.

(b)(c) C. SignsSign permits requiring a variance.

1. . The planning commission may, upon approval of a variance for signage, allow for the approval of sign permits when practical difficulties, unnecessary hardships , or results inconsistent with the general intent and purpose of this chapter occur by reason of the maximum as a result of parcel size and/or shape, topography, location, or surroundings such that the strict application of the standards set forthcontained in this chapter such as height, size and location of any sign, a sign variance may be granted.

2. The planning commission may, upon approval of a variance sign permit, allow an increase in allowed height, an increase in size more than fifty percent or a reduction in required setbacks.

3. deprives the property of privileges enjoyed by other property in the vicinity and under identical use classification. Prior to approving a variance sign permit, the planning commission shall make the following findings:
(i) Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict

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13 application of the standards contained in this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical use classification.
(ii) The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity with the same use classification as the subject property. (Ord. 364 § 2 (part), 1989)

15.12.090 Approving authority review.

The appropriate approving authority shall either approve, approve with modifications, or deny the application in accordance with the provisions of this chapter and any other applicable requirements of federal, state, or local law.

C. In the event an application is denied, Review and Approval.

1. Upon acceptance of a sign application, the Planning Division shall review the request for compliance with the standards and requirements of this chapter, and with any standards established in a Master Sign Program.

2. No permit for construction will be issued until design review, if required, has been granted and the application has been found in conformance with the approved design.

3. The community development director shall have the authority to determine what application(s) are required for all proposed signage; to administer the sign review process; to establish submittal and review requirements; and to determine the completeness of applications for any actions allowed or required under the provisions of this chapter.

4. The community development director shall have the authority to administratively approve minor modifications to approved sign permits with respect to colors, materials, elevations, site plans, landscape plans, lighting, and other physical changes of a simil ar nature. Modifications to approved permits shall be minor in nature, shall not affect the basic character of the sign; nor deviate from the intent of the planning commission as determined by the community development director, or from the requirements of this chapter.

5. The community development director may refer any sign permit to the planning commission for comment or final action.

6. The applicant shall obtain a building permit after the issuance of a sign permit.

D. Notice of Decision.

2.1. Written notice of the denialdecision shall be provided to the applicant within fiveten (10) calendar days after the decision is rendered. (Ord. 364 § 2 (part), 1989)

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14 2. 15.12.100 The Notice of Decision and/or Planning Commission Resolution shall clearly state any conditions of approval and applicable appeal provisions.

B.E. Appeals.. In case the applicant or any other person is not satisfied with any decision to approve or deny a sign permit, they may appeal such decision as follows:

1. A. An appeal letter must be submitted specifying the following:

(a) 1. The person making the appeal;

(b) 2. The specific item of appeal, and all supporting documentation;

(c) 3. The basis for such appeal and information substantiating the basis for appeal (e.g. failure to comply with the city’s general plan, state or local laws; or stating reasons why the action of the planningcommunity development director or planning commission would adversely affect surrounding property, the neighborhood, and/or the city); and

(d) 4. The relief or action sought.

2. B. Decisions of the planningcommunity development director may be appealed to the planning commission, and decisions of the planning commission may be appealed to the city council.
(a) Any appeal must be submitted in writing within ten (10) calendar days of the decision and shall be accompanied by an appeal filing fee. , set by resolution of the Council.
(b) Appeals of decisions of the planningcommunity development director shall be submitted to the planning division. The appellant shall be notified in writing of the meeting date.
(a)(c) Appeals of decisions of the planning commission shall be submitted to the city clerk . The appeal shall be agendized for consideration on the earliest available meeting date as determined a hearing by the city, but no later than thirty days from receipt of the appeal and filing fee. council. The appellant shall be notified in writing of the meeting date.
(b)(d) In any appeal, the burden of proof is upon the appellant. (Ord. 364 § 2 (part), 1989)

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15 3. 15.12.110 If an appeal is granted and requires a sign to be modified or denied, the sign shall be modified or denied as directed by the body granting the appeal.

C.F. Sign permit issuance.A. .

1. For sign permits issued by the community development director or planning commission, such approval shall not be effective until the following occurs:

1. The permittee acknowledges acceptance of any conditions of approval; and

(a) 2. The appeal period expires, and no appeal is filed; or the applicant agrees in writing that any work undertaken during the appeal period or while any (a)(b) An appeal is being processed is at risk filed and further agrees to modify or remove such sign if so required by a decision on anfinal determination is made by the body denying the appeal.

B. If, upon appeal, a sign permit is modified or denied which was previously granted by the community development director or planning commission, the sign shall be modified or removed as directed by the body granting the appeal. (Ord. 432 § 1 (part), 1996: Ord. 364 § 2 (part), 1989)

D.G. 15.12.120 Additional permits and limitations..

In addition to the sign permit, other permitsa building permit may be required, such as a mechanical and/or electrical permit. It shall be the responsibility of the applicant to obtain such additional permits, if required, from the building official.

The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or approval of, any violation of the provisions of this chapter. No permit presuming to give authority to violate or cancel the provisions of this chapter shall be valid, except insofar as the work or use which it authorizes is lawful. (Ord. 364 § 2 (part), 1989)

E.H. 15.12.130 Expiration of sign permit.A. .

1. Every permit issued under the provisions of this chapter shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred twentyeighty days (180) from the date of such permit, or if the work authorized is suspended or abandoned at any time after the work is commenced, for a period of one hundred twentyeighty (180) days.

2. B. The building officialcommunity development director may extend the time limit for reasonable cause and if no changes are made into the plans and specifications.

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16 Denial of a request for time extension may be appealed as provided in Section 17.59.040E.3. (Ord. 364 § 2 (part), 1989).

15.12.140 Construction and maintenance.

A. Construction-installation. All permanent and temporary signs shall be construed and installed in a professional manner and appearance.

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:

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 related 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. (Ord. 364 § 2 (part), 1989)

15.12.150 General provisions.

The planning director shall determine the character of the use of any property or premises in relation to its surroundings, no matter what zoning district it may be located in, or what sign permit requests may be submitted for that use. For example, the di rector shall determine whether a commercial building or tenant located in an industrial zone shall be restricted to an amount and type of signing allowed surrounding industrial uses. (Ord. 364 § 2 (part), 1989)

15.12.160 Prohibited signs.

Except as otherwise provided in this chapter, the following signs and circumstances are prohibited:

A. Signs which rotate, move mechanically or by the wind (except as allowed by Section of this chapter), flash, blink or reflect light by means of a glossy, polished, or mirrored surface;

B. Searchlights, open flames, balloons, banners (except as allowed by Section of this chapter), pennants and loudspeakers used to call attention to a product, service or property;

C. Signs placed on, affixed to, or erected on or over public property, rights -of-way, or waterways, except signs which are exempt pursuant to Section of this chapter;

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17 D. Signs which identify or advertise a product or service not available on the premises, except off-site real estate signs and construction signs allowed pursuant to Sections and of this chapter, and off-site freestanding signs for commercial properties without street frontages, pursuant to Section (B)(2)(a)(ii);

E. Signs erected on roofs or above the first story of multistory buildings, except signs allowed on office buildings six or more stories in height pursuant to Section (C)(2)(e) of this chapter and, with planning commission approval of a sign use permit, on hotels pursuant to Section (B)(2)(a)(i);

F. Signs of nonresidential uses facing directly on residential property;

G. Internally illuminated signs with a directly exposed neon tube, except as may be allowed pursuant to Section of this chapter;

H. Externally illuminated signs where the source of light is directly visible to pedestrians or vehicular traffic;

I. Signs which emit or reflect light by means of direct fluorescence, phosphorescence or “day-glow” colors;

J. Signs facing on a freeway except secondary frontage commercial business identification signs allowed pursuant to Section of this chapter to advertise the sale or lease of the property or premises as provided in this chapter, or to designate the name of the owner or tenant of the premises;

K. Signs which obstruct the visual lines of sight at corners or intersections for drivers of motor vehicles;

L. Signs which may obstruct the free use of any exit, entrance, window vent, emergency access, fire lane or standpipe;

M. Signs which may interfere with, obstruct, confuse or mislead traffic;

N. Any sign illumination which, in the opinion of the community development director, exhibits undue glare;

O. Any sign placed or displayed on vehicles parked primarily for the purpose of displaying the sign;

P. Any sandwich board “A” frame sign or other portable sign, except those signs allowed pursuant to Section of this chapter;

Q. Any sign that utilizes visible guy wires, angle irons or iron frame structures;

R. Changeable copy signs except those specifically allowed by Section (I) (exempt window signs), Section (B)(2)(b) (commercial business signs), Section (B)(3) (gasoline price signs) and Section (E) (quasi-public signs) of this chapter;

S. Any sign indicating a home occupation;

T. Any sign nailed, tacked or otherwise affixed to trees or other vegetation;

U. Any sign consisting of several sheets of paper connected together by perforations, tape, staples or any other means;

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18 V. With the exception of signs as provided in subsections A, B and C of Section , the placement of signs in any portion of a city park 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;
W. 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. (Ord. 605 § 2, 2016; Ord. 553 § 2 Exh. B, 2010; Ord. 520 § 2 Exh. A (part), 2005; Ord. 517 § 2 Exh. A (B), 2005: Ord. 454 § 1, 1998; Ord. 364 § 2 (part), 1989)

17.59.050 15.12.170 Measurement of Signs.

A. Measuring Sign Area.

The area of a sign face includes the entire area within a single continuous perimeter composed of squares and rectangles that enclose the extreme limits of all sign elements, including, without limitation, sign structures or borders, written copy, logos, s ymbols, illustrations, and color.

Supporting structures, such as sign bases and columns, are not included in sign area, provided that they contain no lettering or graphics except for addresses or required tags.

1. Single-Faced Signs. The sign area of a sign with a single face area is the area of the sign face.
(a) If the sign consists of an integral surface and has a regularly shaped perimeter, the area of the sign shall be calculated as the area within the perimeter.

Area = (X)(Y); where X is the width and Y is the height (b) If the message surface consists of noncontiguous segments or has an irregularly shaped perimeter, then the area of the sign shall be all of the area encompassed within a single continuous rectilinear perimeter of not more than ten (10) straight lines enclo sing the extreme limits of the message surface, and including any color, material, or graphic which is integrated

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19 therein which differentiates the message from the background against which it is placed.

Area = [(X1)(Y1)]+[(X2)( Y2)] +[(X3)(Y3)]

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20 2. Double-Faced Signs. Where two (2) faces of a double -faced sign are located two (2) feet or less from one another at all points, or located at an interior angle of forty- five (45) degrees or less from one another, the sign area of double -faced signs is computed as the area of one (1) face. Where the two (2) faces are not equal in size, the larger sign face will be used. Where two (2) faces of a double -faced sign are located more than two (2) feet or greater than forty-five ( 45) degrees from one another, both sign faces are counted toward sign area.

3. Multi-Faced Signs. On a multi-faced sign, where at least one interior angle is forty- five (45) degrees or less, the area of two (2) faces (the largest and smallest face) must be summed to determine sign area. In all other situations involving a sign with three (3) or more sides, the sign area will be calculated as the sum of all faces.

B. Height of Sign. The height of a sign is the vertical distance from the uppermost point used to measure sign area to the existing grade immediately below the sign.

C. Frontage.

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21 1. Building Frontage. A building’s frontage is considered continuous if projections or recesses in a building wall do not exceed ten (10) feet in any direction. For buildings with two (2) or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.

2. Street Frontage. The length of street frontage is measured along the property line adjacent to the public right-of-way.

17.59.04017.59.060 Exempt Signs.. Except as otherwise provided in this chapter, the following signs are declared to be exempt from the requirements of sign permit application, review, approval, and fees, but must adhere to all other regulations of federal, state and local laws:

A. A. TrafficGovernment Signs. Government signs or required by law and essential for public service including: traffic signs ; pavement markings required by state law, city district regulations, or the city engineer.

B. Signs; fire and police signs; signals; devices and markings erected by Federal, State, or local governments, including, but not limited to the San Mateo County, the City of Foster City, and the Estero Municipal Improvement District, county of San Mateo, state of California and United States of America.

B. C. Utility Sign . Signs erected by public utility companies with the permission of the planningcommunity development director which serve the public safety or welfare.

D. Changeable sign copy on changeable copy signs, including, but not limited to, gasoline price signs.

C. E. Interior Signs. Signs placed on the interior of a property and inside of buildings not intended to visible from the public right of way, not including window signs.

D. Address Signs. Residential street address signs for mid and high-rise buildings greater than two (2) stories that are used for building identification. Signs may include name of occupant, or nonresidential street address signs, not exceeding one (1) square foot in area, which may be seeninternally or externally illuminated.

E. Window signs. Permanent window signs painted on or otherwise adhered directly onto a window and signs that block a window in any way are subject to the following standards.

1. Location. Window signs shall not be mounted or placed on windows higher than the second story.

2. Size. Maximum forty percent (40%) of the window area.

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22 F. Historic plaques and commemorative signs. Historic plaques, memorial signs or tablets, or commemorative signs indicating names of buildings and dates of building erection, either attached to or cut into the surface of buildings.

1. Size. Maximum four (4) square feet in area.

G. Flags. Flags erected and located in accordance with the following standards:

1. Location. Flagpoles shall not be located within any required setback.

2. Height. The maximum flagpole height is thirty (30) feet.

3. Number. No more than two (2) flags per lot in Residential Districts, no more than three (3) flags per lot in all other districts.

4. Size. The maximum individual flag size is thirty-two (32) square feet.

H. Mobile vendor signs . Signs affixed to mobile vending vehicles that identify or advertise the name, product, and/or service provided by the general public, suchvendor.

I. Commercial Signs Carried by Persons/ Commercial Mascot Signs. Any sign carried and being displayed by a person, as signs inside buildings which are not window signslong as it does not obstruct the use of any public right-of-way.

1. F. Location. Limited to Commercial and Mixed-Use Districts.

2. Number. No more than two (2) commercial mascot signs per business.

3. Size. The area of each sign held or attended by a person shall not exceed six (6) square feet.

4. Timing of Display. Commercial Mascot signs shall not be displayed during hours when the business establishment related to the specific commercial mascot sign is not open to the public.

J. Copy changes on existing legally established signs using the same materials, colors, and typeface size and style.

K. Signs integrated into certain devices . Any sign integrated into or on a coin -operated machine, vending machine, fueling pump, or permitted sidewalk vendor receptacle.

L. Temporary commercial signs for short-term sales or leases , including, but not limited to, garage/yard sales or signs that advertise residential and commercial properties for sale, rent, or lease signs used to advertise residential property (“real estate signs”), , shall be exempt from 17.59.080. These signs shall not be illuminated, shall be mounted on a post or “A” frame, and shall not exceed four square feet in area and may be used subject to the following restrictions:

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23 1. One such real estate sign shall be allowed on the property for sale, rent or lease at all times.

2. Up to four additional “open house” signs, which may also exhibit directional arrows and instructions, shall be allowed on weekends, holidays and on one weekday per week (multiple listing service tour day) on other private property with the owner’s permission.

3. No more than three such “open house” directional real estate signs (aggregate for on or more sales) shall be located on a single property nor shall more than six such signs located within forty feet of an intersection.

1. 4. Real estateLocation. Signs shall not be allowed on sidewalks, streets, medians, public rights -of-way, orthe city’s levee pedway /bikeway, or any other location where they interfere with vehicular sight distance, nor shall they be allowed to be taped, wired, glued, tied or in any way affixed to light poles, street signs, or any public property.

2. G. Garage/yard sale signs used to advertiseNumber.

One (1) such a sale on residential property, shall not be illuminated, shall be mounted on a post or “A” frame, and shall not exceed four square feet in area and may be used subject to the following restrictions:

(a) 1. One such garage/yard sale sign shall be allowed on the property where the sale is to take place.

(b) 2. Up to four (4) additional signs, which may also exhibit directional arrows and instructions , shall be allowed on weekends and holidays on other private property with the owner’s permission.

2.3. No more than six such(6) signs shall be located within forty (40) feet of an intersection.

4. Garage/yard sale signs shall not be allowed on sidewalks, streets, medians, public rights-of-way, or where they interfere with vehicular sight distance, nor shall they be allowed to be taped, wired, glued, tied or in any way affixed to light poles, street signs, or any public property.

H. Residential street address signs, including name of occupant, or nonresidential street address signs, not exceeding one square foot in area, which may be internally or externally illuminated.

I. Window signs subject to the following restrictions:

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24 1. Window signage shall not be evaluated, regulated or limited as to duration based on whether the signage is intended to be permanently or temporarily placed on storefront windows.

2. Window signage shall not be subject to time limitations, including grand openings, special events, promotional events or sales. (See Section (E) and (F) of this chapter for other types of temporary signs that are subject to time restrictions, such as grand opening or promotional sales banners that are not window signs.)

3. The total amount of all window signage (including illuminated and non -illuminated window signage) allowed shall be limited to forty percent of the aggregate total glass surface area of the store, as defined in Section of this chapter.

4. All window signage placed on or within three feet of the aggregate total glass surface area of the store shall be of professional quality with respect to installation, materials, and design.

5. All lighting intended to illuminate window signage (if any) shall be approved by the city prior to installation.

6. The city shall not regulate the content/message, materials (except directly exposed neon tubing), logo, font or color of the sign background or any portion of the illuminated window signage.

7. The message on exempt non-illuminated changeable copy window signage may be changed as frequently as the owner desires.

8. Any combination of illuminated, poster, vinyl or painted letters or other signage may be included within the total amount of window signage allowed on or within three feet of the aggregate total glass surface area of the store.

9. All window signage shall be maintained in a clean and safe manner, shall be fully operational and wholly intact at all times (no missing, broken, torn, ripped, stained, dirty, or unlit areas, parts, corners, or letters) and shall be immediately repaired or replaced as often as necessary.

10. Non-illuminated signs or graphics shall not require review by or a permit from the city.

11. Individual window letters, designs and logos that are applied by paint, vinyl or other approved materials directly to the surface of the window are subject to the following restrictions:

a. Window signs may be placed only on first -floor storefront windows except for second-floor windows visible only from parking lots and not visible from public streets.

b. Allowable materials for window letters include paint, vinyl, or other similar materials.

c. Individual window letters shall not be greater than six inches in height.

d. Window letters or other designs that are applied by paint, vinyl, or other approved materials directly to the surface of the window shall be white only but may be of any font style.

e. Window letters, designs, and logos applied directly to the surface of the window shall be surrounded with a minimum border (untreated glass) of two inches on all sides.

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25 4. J. Size. The area of each sign shall not exceed four (4) square feet.

5. Height. Temporary commercial signs for short -term sales or leases mounted on a post shall be no taller than forty (40) inches.

6. Duration of display. Temporary commercial signs shall not be displayed for more than ten (10) consecutive days and shall be removed no later than ten (10) days after the completion of the event.

B.M. Temporary noncommercial right-of-way signs which meet the following criteria:

1. 1. Location. Temporary noncommercial right-of-way signs shall not be placed in any public street median, or on any bridge, public utility box, or any pole used for public utility, traffic control signs, traffic signals, or street signs. These signs are deemed to create a hazardous condition and shall be subject to immediate removal by a representative of the city authorized to do so by the city manager. If information is provided to the city or included on the sign indicating whom to contact regarding the sign, the city shall provide notice to the contact following removal of the sign. 2. Temporary noncommercial right-of-way signs shall not be placed in any public parks or the city’s levee pedway/bikeway. Temporary noncommercial right -of-way signs shall not interfere with pedestrian or bicycle circulation on or along sidewalks, pathways, bicycle paths, or the city’s levee pedway/pedway.

With the exception of public parks and the city’s levee pedway/bikeway, temporary noncommercial right-of-way signs may be placed on public property within the first ten (10) feet back of the sidewalk or ten (10) feet from the curb, when no sidewalk is present. In addition, temporary noncommercial right -of-way signs shall not be placed in or along public rights -of-way suchin a manner that they are considered by the city to be blocks views of walkways, pedestrians, or traffic control device, or creates a sight distance problem for the drivers of vehicles , or which interfere or distract from the traffic control devices in place, or which interfere with safe bicycle or pedestrian circulation. These . No temporary noncommercial right -of-way signs areshall be located within the twenty-five (25) foot sight triangle.

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26 2. Size. Temporary noncommercial right-of-way signs shall be no larger than four (4) square feet.

3. Height. Temporary noncommercial right-of-way signs shall be no taller than forty (40) inches.

4. Duration of Display. Temporary noncommercial right-of-way signs relating to an upcoming event may be placed ninety (90) days prior to the date of the event and shall be removed no later than ten (10) days after completion of the event.

5. Other Provisions.
(a) Illumination. Temporary noncommercial right -of-way signs shall not be illuminated.
(b) Removal. Any temporary noncommercial right -of-way signs deemed to create a hazardous condition and have damaged public property shall be subject to immediate removal by the city. Signs placed in violation of location requirements or otherwise placed in a manner that creates a hazardous condition shall be subject to immediate removal by the city.

N. Temporary noncommercial signs placed on private property signs which meet the following criteria:

1. Size.
(a) Residential Districts. Temporary noncommercial signs placed on private property shall be no larger than four (4) square feet.
(b) Other Zoning Districts. Temporary noncommercial signs placed on private property shall be no larger than eight (8).

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27 2. Height. Temporary noncommercial signs placed on private property shall be no taller than forty (40) inches.

3. Duration of Display. Temporary noncommercial signs relating to an upcoming event may be placed no earlier than ninety days prior to the date of the event and shall be removed no later than ten (10) days after the completion of the event.

4. Other Provisions.
(a) Illumination. Temporary noncommercial signs shall not be illuminated. (b) Setback. Temporary noncommercial signs shall be set back at least two (2) feet from all property lines.
(c) Owner’s Authorization . Temporary noncommercial signs may only be allowed with the owner’s consent.

17.59.070 Prohibited Signs. Except as otherwise provided in this chapter, the following signs and circumstances are prohibited:

A. “A” Frame Sign. Any sandwich board “A” frame sign or other portable sign, except those signs allowed pursuant to Section 17.59.060 or Section 17.59.080 of this chapter.

B. Animated or Moving Signs . Animated, flashing, blinking, reflecting, revolving, or other similar signs with visibly moving or rotating parts or visible mechanical movement of any kind, unless expressly permitted by another Section of this chapter. This provision does not apply to signs using digital display technology, such as LED (light emitting diodes) or functionally equivalent display methods, which are permitted, subject to the regulations of this chapter.

C. Balloons, Inflatable Signs, Streamers, Pennants, and Other Attention-Getting Devices.

Balloons, inflatable signs, streamers, pennants, and other attention-getting devices, made of light-weight fabric or similar material, designed to rotate or move with the wind, that direct, promote, or that are otherwise designed to attract attention are prohibited . Businesses that do not have a business frontage abutting a public right -of-way may apply for an administrative sign permit.

D. Banners and pennants (except as allowed by Section 17.59.070 of this chapter).

E. Billboard. Signs specifically allowed to direct attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the property on which the sign is located.

F. Changeable Copy Signs . Except those specifically allowed by Section 17.59.060E and Section 17.59.090 of this chapter.

G. Freeway Signs. Signs facing a freeway except secondary frontage commercial business identification signs allowed pursuant to Section 17.59.090 of this chapter to advertise the

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28 sale or lease of the property or premises as provided in this chapter, or to designate the name of the owner or tenant of the premises.

H. Home Occupation Signs. Any sign indicating a home occupation.

I. Illuminated signs where:

1. Nonresidential uses are facing directly onto a contiguous residential property;

2. Externally illuminated source of light is directly visible to pedestrians or vehicular traffic;

3. Internally illuminated signs that have a directly exposed neon tube, except as allowed pursuant to Section 17.59.090 of this chapter; and

4. Any sign illumination which, in the opinion of the community development director, exhibits undue glare.

J. Mobile Billboards. Any sign carried, conveyed, or hauled by a vehicle for the purpose of general advertising for hire. The purpose of this prohibition is to eliminate mobile billboard advertising within the city in order to reduce traffic congestion, promote the safe movement of vehicular traffic, to reduce air pollution, and improve the aesthetic appearance of the city.

This prohibition does not apply to displays on vehicles related to the goods or services provided by the vehicle owner or operator and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the city.

K. Roof Signs. Signs erected on roofs or above the first story of multistory buildings, except signs allowed on office buildings six or more stories in height pursuant to Section 17.59.110 of this chapter and, with planning commission approval of a sign use permit, on hotels pursuant to Section 17.59.040.

Foster City City CouncilApril 15, 2024

Foster City City Council
April 15, 2024