Agenda packet — Foster City City Council, April 21, 2025 (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 21, 2025 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. Proclamation Honoring the Life and Service of Dan Lee

4.2. A Proclamation Recognizing April 2025 as “Parkinson’s Awareness Month”

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

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

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

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

6.1. City/EMID Special Meeting Minutes of March 24, 2025

6.2. City/EMID Regular Meeting and FCJPA Special Meeting Minutes of April 7, 2025

6.3. 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

6.4. Foster City Council Liaisons List Dated April 21, 2025 a) Action – By Minute Order, Approve List

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 20252026
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 202526 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 202526

7.2. A Public Hearing to Hear and Consider Comments and Introduce an Ordinance Amending Chapter 17.90, “Below Market Rate Inclusionary Housing Program,” within Title 17, “Zoning,” Section 17.90.020, “Definitions,” and to Add New Sections 17.90.130, “Just Cause Evictions” and 17.90.140, “Tenant Relocation Assistance”; and 17.90.150, “Registry of Below Market Rate Units,” to Implement Housing Element Program HC3B, Anti Displacement Strategy and Program HG2E, Rental Registry, and Finding Ordinance 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 Chapter 17.90, “Below Market Rate Inclusionary Housing Program,” within Title 17, “Zoning,” Section 17.90.020, “Definitions,” and to Add New Sections 17.90.130, “Just Cause Evictions” and 17.90.140, “Tenant Relocation Assistance”; and

17.90.150, “Registry of Below Market Rate Units,” to Implement Housing Element Program HC3B, AntiDisplacement Strategy and Program HG2 E, Rental Registry, and Finding Ordinance Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guideline Section 15061(B)(3)
i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading

8. NEW BUSINESS

8.1. Consideration of Amendment to Chapter 3.04, Purchasing System, of Title 3, Revenue and Finance, of the Foster City Municipal Code and Amending the City’s Purchasing Policy
a) Staff Report
b) Action – An Ordinance of the City of Foster City Amending Section

3.04.080, “Formal Bid Procedures for Purchases of Supplies, Services and Equipment”; Section 3.04.110, “Authorized Purchasing Alternatives for Supplies, Services and Equipment”; Section 3.04.140, “Purchase of Professional Services”; and Section 3.04.170 “Public ProjectsDefinitions” of Chapter 3.04, “Purchasing System,” within Title 3, of the Foster City Municipal Code to Make Administrative Revisions to the City’s Purchasing System i) Introduce Ordinance by title only, by motion waive further reading ii) By motion, pass ordinance to second reading
c) Action A Resolution of the City Council of the City of Foster City Approving an Amendment to the City’s Purchasing Policy Related to Contract Awards and Administrative Changes

9. REPORTS

9.1. Recreation Center Rebuild Project (CIP 301678) Project Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

9.2. Integrated Adaptive Canada Goose Management Implementation Plan Update and Direction Regarding Responses to the Request for Proposals (RFP) for Implementation of the Plan
a) Staff Report
b) Action – By Minute Order, Receive and Accept and Provide Policy Direction Regarding Responses to the Request for Proposals (RFP) for Implementation of the Plan

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 27, 2025
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. CLOSED SESSION

12.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency Designated Representatives: Diane Pitman and Austris Rungis Employee Organization: POA and Management Group

12.2. Report Out from Closed Session

13. 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 21, 2025 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. Proclamation Honoring the Life and Service of Dan Lee

4.2. A Proclamation Recognizing April 2025 as “Parkinson’s Awareness Month”

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

6.1. City/EMID Special Meeting Minutes of March 24, 2025

6.2. City/EMID Regular Meeting and FCJPA Special Meeting Minutes of April 7, 2025

6.4. Foster City Council Liaisons List Dated April 21, 2025 a) Action – By Minute Order, Approve List

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Recreation Center Rebuild Project (CIP 301678) Project Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 27, 2025
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency Designated Representatives: Diane Pitman and Austris Rungis Employee Organization: POA and Management Group

12.2. Report Out from Closed Session

13. 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 21, 2025 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. Proclamation Honoring the Life and Service of Dan Lee

4.2. A Proclamation Recognizing April 2025 as “Parkinson’s Awareness Month”

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

6.1. City/EMID Special Meeting Minutes of March 24, 2025

6.2. City/EMID Regular Meeting and FCJPA Special Meeting Minutes of April 7, 2025

6.4. Foster City Council Liaisons List Dated April 21, 2025 a) Action – By Minute Order, Approve List

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Recreation Center Rebuild Project (CIP 301678) Project Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 27, 2025
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency Designated Representatives: Diane Pitman and Austris Rungis Employee Organization: POA and Management Group

12.2. Report Out from Closed Session

13. 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 21, 2025 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. Proclamation Honoring the Life and Service of Dan Lee

4.2. A Proclamation Recognizing April 2025 as “Parkinson’s Awareness Month”

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

6.1. City/EMID Special Meeting Minutes of March 24, 2025

6.2. City/EMID Regular Meeting and FCJPA Special Meeting Minutes of April 7, 2025

6.4. Foster City Council Liaisons List Dated April 21, 2025 a) Action – By Minute Order, Approve List

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Recreation Center Rebuild Project (CIP 301678) Project Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 27, 2025
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency Designated Representatives: Diane Pitman and Austris Rungis Employee Organization: POA and Management Group

12.2. Report Out from Closed Session

13. 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 21, 2025 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. Proclamation Honoring the Life and Service of Dan Lee

4.2. A Proclamation Recognizing April 2025 as “Parkinson’s Awareness Month”

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

6.1. City/EMID Special Meeting Minutes of March 24, 2025

6.2. City/EMID Regular Meeting and FCJPA Special Meeting Minutes of April 7, 2025

6.4. Foster City Council Liaisons List Dated April 21, 2025 a) Action – By Minute Order, Approve List

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Recreation Center Rebuild Project (CIP 301678) Project Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 27, 2025
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency Designated Representatives: Diane Pitman and Austris Rungis Employee Organization: POA and Management Group

12.2. Report Out from Closed Session

13. 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 21, 2025 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 Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez

4. SPECIAL PRESENTATIONS

4.1. Proclamation Honoring the Life and Service of Dan Lee

4.2. A Proclamation Recognizing April 2025 as “Parkinson’s Awareness Month”

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

6.1. City/EMID Special Meeting Minutes of March 24, 2025

6.2. City/EMID Regular Meeting and FCJPA Special Meeting Minutes of April 7, 2025

6.4. Foster City Council Liaisons List Dated April 21, 2025 a) Action – By Minute Order, Approve List

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Recreation Center Rebuild Project (CIP 301678) Project Update a) Staff Report
b) Action – By Minute Order, Receive and Accept Report

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on March 27, 2025
a) Information Item Only
b) No Action Required

12. CLOSED SESSION

12.1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency Designated Representatives: Diane Pitman and Austris Rungis Employee Organization: POA and Management Group

12.2. Report Out from Closed Session

13. 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 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF MARCH 24, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The duly called and noticed Special Meeting 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) of March 24, 2025 was called to order at 6:30 p.m. by Mayor/President Jimenez.

ROLL CALL
The Deputy City Clerk called the roll:

PRESENT: Councilmembers/ex officio EMID Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President Stacy Jimenez.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City/District Manager; Cory Call, Police Chief; Sofia Mangalam, Community Development Director; Andrew Brozyna, Public Works Director; Nate Cruz, Finance Director; Derek Schweigart, Parks and Recreation Director; Rob Lasky, IT Manager; Dawud Brewer, Human Resources Manager; Yelena Capello, Management Analyst; Kurt Zander, Building and Vehicles Maintenance Manager; ‘Andra Lorenz, Principal Management Analyst; Francine Magno, Senior Civil Engineer; Ryan Marquez, Senior Civil Engineer; Justin Lai, Senior Civil Engineer; Zaheed Danish, Public Works Superintendent; Maricar Dupaya, Principal Management Analyst; Chuck Venook, Chief Building Official; Shuli Chen, Video Technician; and Katherine Estrada, Deputy City Clerk.

STUDY SESSION
Mayor/President Jimenez recessed the meeting into Study Session for the following:

1. Five Year Capital Improvement Program FY 2025-2026 to FY 2029-2030;

6.1 6.1 Minutes

9 2. Fifteen Year General Fund Capital Improvement Projects Program and Funding Plan for the Preparation of the City’s Fiscal Year 2025-2026 Budget and Five-Year Financial Plan;

3. Fifteen Year Water and Wastewater Funds Capital Improvement Projects Program and Funding Plan for the Preparation of the District’s Fiscal Year 2025-2026 Budget and Five-Year Financial Plan;

4. Review of Projected Water Rates for FY 2025-2026 to FY 2029-2030 and Policy Direction for Rate Notification Under Proposition 218 and AB 2257;

5. Review of Projected Wastewater Rates for FY 2025-2026 to FY 2029-2030 and Policy Direction for Rate Notification Under Proposition 218 and AB 2257;

6. Updates To Master Fees and Service Charges Schedule for FY 2025-2026;

7. Internal Service Funds Summary;

8. Equipment Replacement Fund and Internal Service Fund Allocations for FY 2025- 2026;

9. Vehicle Replacement Fund Overview and Internal Service Fund Allocations for FY 2025-2026;

10.Building Maintenance Fund Budget and Internal Service Charges for FY 2025- 2026;

11.Longevity Recognition Benefits Plan and Public Employees' Medical and Hospital Care Act (PEMHCA) Benefits Plan Internal Service Funds;

12.Compensated Absences Internal Service Fund;

13.Self-Insurance Fund Budget for FY 2025-2026; and

14.Information Technology Internal Service Fund Budget for FY 2025-2026.

By consensus of the City Council/EMID Board, direction was given regarding the preparation of the FY 2025-2026 Annual Budget for the following:

1. Proceed with the proposed Five-Year Capital Improvement Program – FY 2025- 2026 to FY 2029-2030 and authorize staff to include the program in the FY 2024- 2025 budget;

2. Proceed with the proposed Fifteen Year General Fund CIP and Funding Plan that includes $5 million of annual transfers from the General Fund to the City Capital Fund for FY 2025-2026 through FY 2031-2032;

3. Proceed with the Fifteen-Year Water and Wastewater Funds CIP and Funding Plan that includes annual transfers from the Water Operating Fund to the Water CIP Fund of $2.6 million in years 1 and 2, followed by $2.5 million in years 3 and 4, $1.75 million in year 5, then leveling off at $1.5 million for the remaining 10 years of the 15-year plan and annual transfers from the Wastewater CIP Fund of $16.0 million for in year 1, $3.5 million annually for six years and leveling off at $2.5 million for the remaining 8 years of the 15-year CIP Plan for the preparation of the Enterprise Funds’ Fiscal Year 2025-2026 budget and Five-Year Financial Plan as presented;

4. Proceed with the water rate adoption based on the Draft Water Rate Study Update Results Memo dated March 19, 2025 prepared by Bartle Wells Associates.

Approve the proposed Rate Setting Procedures. Proceed with the distribution of public noticing to all ratepayers as required by Proposition 218 and AB 2257 for a

6.1 6.1 Minutes

10 Public Hearing to be held on June 2, 2025, regarding Water Rates for FY 2025- 2026 to FY 2029-2030;

5. Proceed with the wastewater rates based on the Draft Wastewater Rate Study Update Results Memo dated March 11, 2025 prepared by Bartle Wells Associates (BWA). Approve the proposed Rate Setting Procedures. Proceed with the distribution of public noticing to all rate payers under the requirements of Proposition 218 and AB 2257 for a public hearing to be held on June 2, 2025, regarding Wastewater Rates for FY 2025-2026 to FY 2029-2030;

6. Proceed with adopting the recommended changes and updates to the Master Fees and Service Charges Schedule for the FY 2025-2026 budget;

7. Proceed with the reserve levels policy and funding methodologies for all Internal Services Funds for the preparation of the FY 2025-2026 budget;

8. Proceed with preparing the Equipment Replacement Fund budget for FY 2025- 2026 based on the recommendations and allocations contained in the staff report and removing the replacement for the Council Chambers dais chairs;

9. Proceed with preparing the Vehicle Replacement Internal Service Fund budget for FY 2025-26 based on the recommendations and allocations contained in the staff report;

10.Proceed with preparing the Building Maintenance Internal Service Fund budget for FY 2025-2026 based on the recommendations and allocations contained in the staff report;

11.Proceed with preparing the Longevity Recognition Benefits Plan and Public Employees’ Medical and Hospital Care Act (PEMHCA) Benefits Plan based on the recommendations and allocations contained in the staff report;

12.Proceed with increasing the current rate of 2.11% to 2.33% in FY 2025-2026 for the Compensated Absence Internal Service Fund (CA ISF) to maintain a full reserve balance through FY 2025-2026. Proceed with providing an assessment holiday in FY 2025-2026;

13.Proceed with preparing the Self Insurance Fund budget based on the recommendations and allocations contained in the staff report; and

14.Proceed with preparing the Information Technology Fund budget based on the recommendations and allocations contained in the staff report.

Meeting recessed into study session at 6:34 p.m. and reconvened at 8:57 p.m.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Jimenez adjourned the meeting. Meeting adjourned at 8:57 p.m.

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11 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF APRIL 7, 2025

FOSTER CITY JOINT POWERS AUTHOURITY
SPECIAL MEETING OF APRIL 7, 2025

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS/FOSTER CITY

JOINT POWERS AUTHORITY BOARD OF DIRECTORS
The Regular Meeting of April 7, 2025 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), and Special Meeting of April 7, 2025 of the Foster City Joint Powers Authority Board of Directors was called to order at 6:30 p.m. by Mayor/President/Chair Stacy Jimenez.

This meeting was held as a hybrid meeting.

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

PRESENT: Councilmembers/ex officio EMID Directors/FCJPA Directors Art Kiesel, Suzy Niederhofer, Patrick Sullivan, Phoebe Venkat, and Mayor/President/Chair Stacy Jimenez.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager/Executive Director; Denise Bazzano, Assistant City Attorney/District Legal Counsel/General Counsel; Marlene Subhashini, Assistant City/District Manager; Andrew Brozyna, Public Works Director; Sofia Mangalam,
Community Development Director; William Sandri, Police Captain; Nate Cruz, Finance Director/Treasurer; Derek Schweigart, Parks and Recreation Director; Dawud Brewer, Human Resources
Manager; Nori Jabba, Housing Coordinator; Rob Lasky, IT Manager; Kristina Muratori, Dispatch Supervisor; Daniel Weber, Parks Lead Maintenance Worker; Katherine Estrada, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary/Recording Secretary.

SPECIAL PRESENTATIONS

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12 PROCLAMATION DECLARING THE WEEK OF APRIL 13-19, 2025 AS “NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK”.

Vice Mayor Kiesel presented the Proclamation declaring the week of April 13-19, 2025 as “National Public Safety Telecommunicators Week” to Dispatch Supervisor Kristina Muratori.

PROCLAMATION DECLARING THE WEEK OF APRIL 20-26, 2025 AS “NATIONAL VOLUNTEER APPRECIATION WEEK”.

Councilmember Niederhofer presented the Proclamation declaring the week of April 20- 26, 2025 as “National Volunteer Appreciation Week” to Police Volunteer Matthew Pangalos.

PRESENTATION BY ONESHORELINE CEO LEN MATERMAN REGARDING SAN MATEO COUNTY FLOOD AND SEA LEVEL RISE RESILIENCY DISTRICT.

OneShoreline CEO Len Materman gave the presentation regarding OneShoreline.

PUBLIC
Evan Adams addressed the City Council via email regarding the US 101/SR 92 Direct Connector Project.

CONSENT CALENDAR
Motion by Councilmember/Director/Director Niederhofer, seconded by Vice Mayor/Vice President/Vice Chair Kiesel, and carried unanimously, 5-0-0, approving the following items on the City/District/Authority Consent Calendar:

City/EMID Consent Calendar

1. City/EMID Special Meeting Minutes of March 10, 2025;

2. City/EMID Regular Meeting Minutes of March 17, 2025;

3. City Resolution No.2025-18, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. One (1) to Extend the Term an Additional Year (From May 1, 2025 to April 30, 2026) for an Amount Not to Exceed $35,000 With Pen Media, LLC for Video Technician Services;”

4. City Resolution No. 2025-19, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. One (1) in the Amount Of $75,000 with 4LEAF Inc. for On-Call Building Services;”

5. EMID Resolution No. 3795, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the President to Execute Contract Amendment No. One (1) to the Vendor Agreement with Bay City Electric Works in the Amount of $127,978 for the Emergency Generator Replacements Project (CIP 455-705); and Finding Project Exempt from Review Under the California

6.2 6.2 Minutes

13 Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15032 (Class 2-Existing Facilities);”

6. City Resolution No.2025-20, “A Resolution of the City Council of the City of Foster City Approving the Memorandum of Understanding of the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829;”

7. EMID Resolution No. 3796, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829;”

8. City Resolution No.2025-21, “A Resolution of the City Council of the City of Foster City Authorizing Investment of Monies in the Local Agency Investment Fund;”

9. EMID Resolution No.3797, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing Investment of Monies in the Local Agency Investment Fund”; and

10.Foster City Joint Powers Authority Resolution No. 2025-01, “A Resolution of the Board of Directors of the Foster City Joint Powers Authority Authorizing Investment of Monies in the Local Agency Investment Fund.”
Daniel Weber, AFSCME Council 57, Local 829 President, addressed the City Council in person regarding “A Resolution of the City Council of the City of Foster City Approving the Memorandum of Understanding of the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829” and “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829.”
Ryan Shannon, AFSCME Council 57 representative, addressed the City Council via teleconference regarding “A Resolution of the City Council of the City of Foster City Approving the Memorandum of Understanding of the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829” and “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Memorandum of Understanding for the American Federation of State, County and Municipal Employees (AFSCME), Council 57, Local 829.”

RESOLUTIONS FOR ADOPTIONS
AUTHORIZE (1) SUPPLEMENTAL APPROPRIATION OF $35,000 TO ACCOUNT 124- 0832-463-4297 FOR THE MEASURE K EMERGENCY RENT RELIEF PILOT PROGRAM; (2) THE CITY MANAGER TO ACCEPT FUNDS FOR REIMBURSEMENT OF PROGRAM EXPENDITURES FROM THE COUNTY OF SAN MATEO; AND (3) FIND

THE REQUEST EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3). CITY RESOLUTION NO. 2025-22.

Housing Coordinator Jabba presented the staff report.

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14 Discussion ensued.

Motion by Councilmember Sullivan, seconded by Councilmember Venkat, and carried unanimously, 5-0-0, adopting City Resolution 2025-22, “A Resolution of the City Council of the City of Foster City Authorizing (1) Supplemental Appropriation of $35,000 to Account 124-0832-463-4297 for the Measure K Emergency Rent Relief Pilot Program; (2) the City Manager to Accept Funds for Reimbursement of Program Expenditures from the County of San Mateo; and (3) Find the Request Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3).”

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

City/District Warrants of Demands were Processed and Issued on March 5, 2025, March 13, 2025, March 18, 2025, and ACH were processed on March 5, 2025.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
Councilmember/Director Venkat stated she attended the NAACP San Mateo 99th Anniversary Celebration & Freedom Fund Gala held in Foster City on March 23. On March 27, she attended the San Mateo-Foster City School District Board meeting where they discussed workforce housing and also attended their online study session regarding early language and literacy.

Councilmember/Director Sullivan stated he attended the City/County Association of Governments of San Mateo County (C/CAG) Bicycle and Pedestrian Advisory Committee (BPAC) meeting and San Mateo Union High School District Board meeting on March 27.

Councilmember/Director Niederhofer stated she attended the SFO Airport/Community Roundtable meeting on April 2, and suggested the public visit https://sforoundtable.org to learn more through their informational videos. She commended the City and the Foster City Rotary Club for recently repurposing one of the City’s playground structures and reinstalling it in the Hoopa Tribe Neighborhood Facility.

Vice Mayor/Vice President Kiesel stated he attended the Rethink Waste Board of Directors/Technical Advisory Committee Retreat on March 27. On March 28, he attended the Peninsula Council of Lions Clubs 60th Annual Police, Sheriff, and Firefighters Awards Banquet to honor the local first responders and their acts of service.

Mayor/President/Chair Jimenez reminded the community that April is Earth Month and encouraged everyone to participate in the Wyland Foundation’s 2025 Mayor’s Challenge for Water Conservation. She requested to agendize a discussion on lowering the speed limit to 20mph within 1000ft of a school zone and received the support of Councilmember/Director Venkat and Councilmember/Director Sullivan. She also

6.2 6.2 Minutes

15 requested to agendize a discussion to explore a commercial vacancy tax, which received the support of Councilmember/Director Niederhofer and Councilmember/Director Venkat.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board/FCJPA Board, Mayor/President/Chair Jimenez adjourned the meeting. Meeting adjourned at 7:54 p.m.

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DATE: April 21, 2025

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

FROM: Cory Call, Police Chief
DEPARTMENT: Police
SUBJECT: AB 481 MILITARY EQUIPMENT USE ANNUAL REPORT FOR 2024

RECOMMENDATION
It is recommended that the City Council receive and review the Foster City Police Department's 2024 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, Gov. 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

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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 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.

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

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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 14, 2025.

Cal. Gov. 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 Council can utilize to confirm compliance with the Policy 709 and the accompanying Military Equipment Use Ordinance.

The Foster City Police Department has not obtained any equipment from military

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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. 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.

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. 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 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

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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 Cal.

Gov. 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).

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.

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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.

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.

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and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

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 2024 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 2025 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 24 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 2024 Military Equipment Use Annual Report, as required by state law, for City Council's review and acceptance. In addition, pursuant to Government Code section 7072(b), the Department has made the 2024 Military Equipment Use Annual Report publicly available by posting it on its website.

As noted previously, Gov. 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

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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 Police Department met the standards for use of the military equipment established in Policy 709. Although the Police 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 a need to deploy military equipment to promote the 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

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2 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

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2 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 14, 2025. Further, the Foster City Police Department did publicize that the Department would present the annual report at the April 21, 2025 City Council Meeting where members of the community would be allowed to discuss and ask questions regarding the annual report; and WHEREAS, on March 20, 2025, the Foster City Police Department did host a Coffee with a Cop event where the public was provided opportunity to discuss and ask questions regarding the annual report; and
WHEREAS, on April 21, 2025, the Foster City Police Department presented the annual report, where public comment, and comments from the City Council were made, and the annual report was discussed; and
WHEREAS, on April 21, 2025, 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:

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2 2
2 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.

6.3 Attachment 1 - Resolution

27 3
2 2
2 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 21st day of April 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

28 Outside
Agency FCPD
DJI M30 N/A 1 N/A
DJI M3T N/A 6 N/A
Skydio X10 N/A 5 N/A
Sky Hero Loki Mkll N/A 2 N/A
DJI Mavic Mini N/A 4 N/A
DJI Avata N/A 5 N/A
DJI Neo N/A 1 N/A
Transcent Robotics N/A 3 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
Braun Northwest Mobile
Command Vehicle N/A 1 N/A
Ford F53 Motorhome Command
Post N/A
FC Open House
Display 1 N/A
Colt M4 Carbine LE 6921 EPR 14.5" Training 1,200.00$
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 5000 N/A
FEDERAL AMERICAN EAGLE .223 CALIBER 55
GRAIN RIFLE ROUND Training 2,000.00$
Field Operations
Budget 10000 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 4500 N/A
FEDERAL TACTICAL HST 9MM LUGER Training 1,500.00$
Field Operations
Budget 9000 N/A
Hornady 308, 168 grain AMAX Training 400.00$
Field Operations
Budget 80 N/A
Hornady 308, 165 grain GMX Barrier Training 300.00$
Field Operations
Budget 120 N/A
RUAG .308 STYX 167 grain Training 435.00$
Field Operations
Budget 400 N/A
AR-15 semi-auto rifles and ammunition

N/A NCR SWAT
(outside agency)
TD Multiport Plus Distraction Device
N/A

52.00$
Varies, depending
on usage 5 N/A
Defense Technology- Training safe smoke
grenade

N/A N/A

32.00$ 0 2 N/A
Detonating Cord N/A 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
CTS 7290M
N/A
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
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
Rifles & Ammunition
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.

Possessed by
Summary of
complaints
received
Result of any internal
audits or violations of
military equipment use
policy Acquisition Costs Annual Costs
Where equipment was
used
Equipment Category Description Summary of how equipment was used and purpose of use Unmanned Aircraft System (UAS)
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.

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
Command and Control Vehicles 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.

NCR SWAT
(outside agency)
None
None
Robots NCR SWAT
(outside agency)
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.

Annual
maintenance is
$25.00/rifle.

Ammunition costs
are typically
$11,000/year
Distraction Devices FCPD
None
FCPD
None

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-Maintained and
operated by another
agency
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.

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
Chemical Agents NCR SWAT
(outside agency)
None
N/A-Maintained and
operated by another
agency
N/A-Maintained
and operated by
another agency
Field Operations
Budget
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.

Explosive Breaching Tools
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.

6.3 Attachment 2 - Military Equipment Use Annual Report

29 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
Defense Technologies 40MM Launcher
Training
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
40mm Launchers and Rounds
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 FCPD
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

6.3 Attachment 2 - Military Equipment Use Annual Report

30 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

6.3 Attachment 3 - Ordinance No. 647

31 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

6.3 Attachment 3 - Ordinance No. 647

32 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

6.3 Attachment 3 - Ordinance No. 647

33 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

6.3 Attachment 3 - Ordinance No. 647

34 Policy
709
Foster City Police Department
Foster City PD Policy Manual
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
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.

Published with permission by Foster City Police Department Military Equipment - 503

6.3 Attachment 4 - Foster City Police Department Policy 709

35 Foster City Police Department
Foster City PD Policy Manual
Military Equipment
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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.
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 Copyright Lexipol, LLC 2025/01/10, All Rights Reserved.

Published with permission by Foster City Police Department Military Equipment - 504

6.3 Attachment 4 - Foster City Police Department Policy 709

36 Foster City Police Department
Foster City PD Policy Manual
Military Equipment
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.
(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.

Published with permission by Foster City Police Department Military Equipment - 505

6.3 Attachment 4 - Foster City Police Department Policy 709

37 Foster City Police Department
Foster City PD Policy Manual
Military Equipment
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.

Published with permission by Foster City Police Department Military Equipment - 506

6.3 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

6.3 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.

6.3 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: 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: 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:

6.3 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 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.

6.3 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:

6.3 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: 24 (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. DJI Matrice 30 cost $15,000, quantity 1: The DJI Matrice 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 $6,500.00, quantity 6: 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.
iii. Skydio X10, quantity $22,000, quantity 5: The Skydio X10 combines new, cutting-edge data capture cameras, unparalled autonomy, and versatile hardware to searve a range of industries, inlicing public safety. The Skedio X10 boasts an impressive array of features and capabilities that have never before existed in a single platform, including high-resolutino cameras, versatile airframe, AI-Powered autonomy, and unmatched portability. Its compact size and ease of use enable distribution to every officer on patrol.
iv. 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. v. DJI Mavic Mini, quantity 4, cost $1,200: The DJI Mavic Mini is a lightweight, foldable drone designed for ease of use and portability, boasting a maximum flight time of 30 minutes and capable of capturing 2.7K video and 12MP photos with a stabilized 3-axis gimbal. vi. DJI Avata, quantity 5, cost $1,200: The DJI Avata 2 is a compact, first-person view (FPV) drone designed for immersive, agile flying and capturing ultra-wide 4K stabilized video, featuring built-in propeller guards for safety and a 1/1.7" CMOS sensor. Small, lightweight design allows for indoor and outdoor use.
vii. DJI Neo, quantity 1, cost $400:

6.3 Attachment 5 - Foster City Police Department Equipment List

44 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 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.

6.3 Attachment 5 - Foster City Police Department Equipment List

45 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:

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.

6.3 Attachment 5 - Foster City Police Department Equipment List

46 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 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.

6.3 Attachment 5 - Foster City Police Department Equipment List

47 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.

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.

6.3 Attachment 5 - Foster City Police Department Equipment List

48 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

6.3 Attachment 5 - Foster City Police Department Equipment List

49 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.

6.3 Attachment 5 - Foster City Police Department Equipment List

50 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:

6.3 Attachment 5 - Foster City Police Department Equipment List

51 Dated: April 21, 2025

FOSTER CITY COUNCIL LIAISONS

POLICY/REGULATORY AGENCIES

REPRESENTATIVE/ALTERNATE

1. Airport Community Roundtable Niederhofer/Venkat

2. Airport Land Use Committee (ALUC) Sullivan/Venkat

3. Association of Bay Area Governments (ABAG) Kiesel/Jimenez

4. City/County Association of Governments (C/CAG) Jimenez/Kiesel

5. Council of Cities – City Selection Committee Jimenez/Kiesel

6. League of California Cities Jimenez/Kiesel

FOSTER CITY ADVISORY COMMITTEES

1. Audit Committee Niederhofer/Kiesel

2. Citizens Sustainability Advisory Committee Venkat/Sullivan

3. Parks and Recreation Committee Sullivan/Kiesel

4. Planning Commission Niederhofer/Sullivan

5. Traffic Review Committee Sullivan/Venkat

6. Youth Advisory Committee Venkat/Jimenez

OTHER ORGANIZATIONS (non-regulatory)

1. Bay Area Water Supply and Conservation Agency
(BAWSCA)1
Kiesel

2. Chamber of Commerce Venkat/Niederhofer

3. Emergency Services Council Niederhofer/Sullivan

4. Housing Endowment and Regional Trust (HEART)
Joint Powers Authority Member Agency Committee
Jimenez/Kiesel

5. Joint Powers Authority Fire Board for the San
Mateo Consolidated Fire Department
Jimenez/Venkat

6. Library Joint Powers Authority Kiesel/Sullivan

7. Peninsula Clean Energy Authority Jimenez/Niederhofer

8. Peninsula Traffic Congestion Relief Alliance
(Commute.org)
Venkat/Jimenez

9. San Francisco Bay Area Regional Water System
Financing Authority (RFA)2
Kiesel

10. San Mateo County Pre-Hospital Emergency
Services
Sullivan/Niederhofer

11. San Mateo-Foster City Elementary School District Venkat

12. San Mateo-Foster City Public Financing Authority
(JPFA)
Niederhofer/Jimenez

13. San Mateo Union High School District Sullivan

14. South Bayside Waste Management Authority
(SBWMA)
Kiesel/Jimenez

1 Vice Mayor Kiesel has been appointed as the EMID representative on BAWSCA to a partial term from July 1, 2021 through June 30, 2025 and a full term from July 1, 2025 through June 30, 2029. 2 Vice Mayor Kiesel has been appointed as the EMID representative on the RFA to a partial term from July 1, 2021 through June 30, 2025 and a full term from July 1, 2025 through June 30, 2029.

6.4 Council Liaisons List - April 21 2025

52 DATE: April 21, 2025

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

FROM: Nate Cruz, 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 2025-26

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 2025-26, effective July 1, 2025.

EXECUTIVE SUMMARY
At the March 24, 2025 Budget Study Session, the City Council/EMID Board reviewed and provided 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 2025-26 with an effective date of July 1, 2025.

7.1 7.1 Staff Report

53 BACKGROUND/ANALYSIS
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 services provided by various city departments. 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. It was subsequently updated for FY 2024-25 during the prior budget cycle.

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 24, 2025 Budget 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 21st public hearing. There are no material changes from the March 24, 2025 hearing, but there are minor updates including:
•Clarifications on the duration of certain permits (adding the term “annually” as appropriate), and
•A minor reduction to the Below Market Rate in-lieu fee to match the change in the Engineering Construction Cost Index.

Lastly, a separate public hearing for increases in water and wastewater rates is planned for June 2, 2025, 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 city services.

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

7.1 7.1 Staff Report

54 ATTACHMENTS
Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Proposed Master Fees and Services Charges Schedule for FY 2025-26 Redlined
Attachment 4 – Proposed Master Fees and Services Charges Schedule for FY 2025-26 Clean

7.1 7.1 Staff Report

55 RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AMENDING THE MASTER FEES AND SERVICE CHARGES SCHEDULE FOR FY 2025-2026

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 21, 2025; 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, 2025; 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 21st day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 1 - City Resolution

56 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 2025-2026

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 21, 2025; 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, 2025; 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 21st day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

STACY JIMENEZ, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

7.1 Attachment 2 - EMID Resolution

57 7.1
Attachment 3 - Proposed Master Fees and Schedule Charges FY 2025-2026 Redlined

58 7.1
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