Agenda packet — San Carlos City Council, January 8, 2024

CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
January 08, 2024 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Masks are no longer required, but are still recommended by the California Department of Health. To maintain public health and safety, please do not attend in person if you are experiencing respiratory symptoms (e.g. cough, runny nose, and/or sore throat).

Provide Public Comment. To address the City Council on any item on the posted agenda, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.

Remote Participation :

Observe via:
Zoom. https://us02web.zoom.us/j/88256140939; or call 16699009128 and enter the Meeting ID #: 882 5614 0939
Meeting Webportal . www.cityofsancarlos.org/agenda Local TV. Comcast Channel 27 and AT&T Uverse Channel 99 Provide Public Comment. If you plan to make a public comment on any item on the posted agenda, please observe the meeting via Zoom (see above access information), and during the public comment period for the agenda item you wish to address, use the “raise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.

Councilmembers may participate in this meeting remotely as authorized by Assembly Bill 2449.

MAYOR: John Dugan
COUNCIL: Ronald Collins, Sara McDowell, Adam Rak, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. PRESENTATIONS
a. Present a Proclamation Recognizing January 2024 as Human Trafficking Awareness Month.
b. Receive a Presentation from HIP Housing on its Services to the Community.

6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Council Communications and Announcements are brief items from members of the City Council regarding upcoming events in the community and correspondence that they have received. They are informational in nature and no action will be taken on these items at this meeting.

7. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve the November 13, 2023 City Council Regular Meeting Minutes. c. Approve the November 27, 2023 City Council Special Meeting Minutes. d. Accept the Quarterly Reports from City Commissions and Boards. e. Adopt a Resolution Authorizing the City Manager to Transfer $3 Million from the Unfunded Liability Reserve to Pay Down the California Public Employees Retirement System (CalPERS) Unfunded Pension Liability and Apply the $3 Million Payment to the ShortTerm Amortization Bases.
f. Deny Claim of John Nagy.
g. Adopt a Resolution Adopting the Amended Salary and Benefit Resolution for the PartTime Employee Group, Effective January 1, 2024.

8. NEW BUSINESS
a. Consideration of Introducing an Ordinance Amending and Replacing San Carlos Municipal Code Chapter 6.04 Animal Control, to Align with Chapter 6.04 Animal Control of Title 6 of the San Mateo County Ordinance Code to Clarify Existing Definitions, Enact Additional Requirements for Animal Control, and Revise the Fees for Animal Control Services.
b. Consideration of Introducing an Ordinance Amending Municipal Code Chapter

2.08.020 to Increase the City Council Salary Under Government Code Section 36516.
c. Consideration of Appointments to the City Council Subcommittees and Ad Hoc Committees for 2024.

9. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

10. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

Each speaker is limited to two minutes. If the item you are speaking on is not listed on the agenda, please be advised that the City Council may briefly respond to statements made or questions posed as allowed under the Brown Act (Government Code Section 54954.2).

The City Council's general policy is to refer items to staff for attention, or have a matter placed on a future City Council agenda for a more comprehensive action or report and formal public discussion and input at that time.

11. ADJOURNMENT
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

In compliance with the Americans with Disabilities Act and Title VI, and as outlined in the City’s Reasonable Accommodations Policy, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 8024222 or via email at [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

1 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
January 08, 2024 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely as authorized by Assembly Bill 2449.

MAYOR: John Dugan
COUNCIL: Ronald Collins, Sara McDowell, Adam Rak, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. PRESENTATIONS
a. Present a Proclamation Recognizing January 2024 as Human Trafficking Awareness Month.
b. Receive a Presentation from HIP Housing on its Services to the Community.

2.08.020 to Increase the City Council Salary Under Government Code Section 36516.
c. Consideration of Appointments to the City Council Subcommittees and Ad Hoc Committees for 2024.

9. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

10. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

11. ADJOURNMENT
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

2 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
January 08, 2024 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely as authorized by Assembly Bill 2449.

MAYOR: John Dugan
COUNCIL: Ronald Collins, Sara McDowell, Adam Rak, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. PRESENTATIONS
a. Present a Proclamation Recognizing January 2024 as Human Trafficking Awareness Month.
b. Receive a Presentation from HIP Housing on its Services to the Community.

2.08.020 to Increase the City Council Salary Under Government Code Section 36516.
c. Consideration of Appointments to the City Council Subcommittees and Ad Hoc Committees for 2024.

9. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

10. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

11. ADJOURNMENT
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

3 San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
November 13, 2023 7:00 PM

MINUTES

ROLL CALL

City Council Present: Adam Rak, Mayor
Ronald Collins, Councilmember
John Dugan, Vice Mayor
Sara McDowell, Councilmember
Pranita Venkatesh, Councilmember

Staff Present: Nil Blackburn, Assistant City Manager
Rucha Dande, Senior Planner
William Hoch, IT Manager
Hanieh Houshmandi, Senior Traffic Engineer
Steven Machida, Public Works Director
Jeff Maltbie, City Manager
Andrea Mardesich, Assistant Community Development Director Crystal Mui, City Clerk
Amy Newby, Parks and Recreation Director
Dave Pucci, Deputy Fire Chief
Gregory Rubens, City Attorney
Al Savay, Community Development Director
Megan Wooley-Ousdahl, Principal Planner
Quinne Woolley, Management Analyst

1. CALL TO ORDER

Mayor Rak called the meeting to order at 7:01 PM.

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

None.

3. PLEDGE OF ALLEGIANCE

Mayor Rak led the Pledge of Allegiance and, in honor of Veterans Day, thanked all veterans, including Vice Mayor Dugan, for their service to our country.

4. CHANGES TO THE ORDER OF THE AGENDA

None.

5. PRESENTATIONS

a. Present Certificates Recognizing 2023 Civics Academy Graduates: Linda Bao, William Cheney, Suzanne Daly, James Esqueda, Lynn Esqueda, Susan Faris, Joe Fimiani, Eduardo

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Flores, Chris Frangos, Arianna Gianola, Karen Latina, Heather Liu, Michael Lohr, Robert Martinengo, Karen Molinari, Swathi Nallapa, Kevin O’Connor, Michelle Peng, Stephanie Roberts, Lena Schibye, Katherine Sherman, Marcus Sitzman, Robert Stein and Nelly Stein.

Mayor Rak thanked the Civic Academy graduates for their commitment to civic engagement and presented them each with a graduation certificate.

Public Comment
A member of the public provided comments that were off-topic.

6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS

Councilmember Venkatesh wished the community a happy Diwali.

Councilmember Collins provided updates from the Caltrain Electrification Task Force.

7. CONSENT CALENDAR

MOTION: Approve City Council Consent Calendar Items ‘a’ through ‘j’; and Item ‘k’ Adopt Ordinance 1603 to Create Objective Design Standards for Single- Family Development by Amending San Carlos Municipal Code Title 18 - Zoning:

Chapter 18:03 - Rules of Measurement; 18.04 - Residential Districts; 18.12 - Hillside Overlay District; 18.15 - General Site Regulations; 18.20 - Parking and Loading; 18.26 - Planning Authorities; 18.27 - Common Procedures; 18.29 - Design Review; 18.40 -Use Classification; and 18.41 - Terms and Definitions; and Adding a New Subsection 18.23.310 - Urban Infill Units, Under 18.23 - Standards for Specifics Uses and Activities; and
Item ‘l’ Adopt Ordinance 1604 Amending the San Carlos Municipal Code Section

18.23.210 - Accessory Dwelling Units/Junior Accessory Dwelling Units and Sections 18.03 - Rules of Measurement, 18.12 - Hillside Overlay District, 18.29 - Design Review, and 18.40 - Use Classifications.

MOVER: Sara McDowell
SECONDER: John Dugan
AYES: Collins, McDowell, Venkatesh, Dugan, Rak
NAYS: None.

RESULT: Motion Passed 5 – 0

a. Motion to Waive Reading of All Ordinances.

b. Approve the September 25, 2023 City Council Regular Meeting Minutes.

c. Approve the October 9, 2023 City Council Special Meeting Minutes.

d. Adopt a Resolution Accepting the 2022 2nd Floor Library Tenant Improvement Project C2202 and Authorizing the Building Official to Issue and Record a Notice of Completion. Resolution 2023-128

e. Adopt a Resolution Rejecting All Bids for the 2024 Citywide Sidewalk Repair Project C9465.

Resolution 2023-129

f. Establish and Appoint Representatives to the Ad Hoc Fire Subcommittee.

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g. Adopt a Resolution Accepting the HAWK Signal at Belmont Avenue and El Camino Real C1807 and Authorizing the Public Works Director to Issue and Record a Notice of Completion.

Resolution 2023-130

h. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kimley -Horn and Associates, Inc. for On -Call Traffic and Transportation Engineering Services for One-Year with an Option for Four, One-Year Extensions in an Annual Amount Not-to-Exceed $850,000. Resolution 2023-131

i. Adopt a Resolution Authorizing the City Manager to Execute a Five -Year Contract, with the Option to Renew Subscription Services Annually, with RingCentral for a Cloud Hosted Phone System in the Amount of $152,631.57; Authorizing the City Manager to Execute Amendments to Add, Change, or Remove Licenses as Needed; and Authorizing a Contingency Budget Not to Exceed $5,000 for Installation of the New System. Resolution 2023-132

j. Adopt a Resolution Authorizing the City Manager to Execute an Amendment to the Annual On- Call Agreement with CSG Consultants, Inc. for Public Works Engineering Staff Augmentation in the Amount of $156,000 for Fiscal Year 2023-2024. Resolution 2023-133

k. Adopt Ordinance 1603 to Create Objective Design Standards for Single -Family Development by Amending San Carlos Municipal Code Title 18 - Zoning: Chapter 18:03 - Rules of Measurement; 18.04 - Residential Districts; 18.12 - Hillside Overlay District; 18.15 - General Site Regulations; 18.20 - Parking and Loading; 18.26 - Planning Authorities; 18.27 - Common Procedures; 18.29 - Design Review; 1 8.40 -Use Classification; and 18.41 - Terms and Definitions; and Adding a New Subsection 18.23.310 - Urban Infill Units, Under 18.23 - Standards for Specific Uses and Activities.

l. Adopt Ordinance 1604 Amending the San Carlos Municipal Code Section 18.23.210 - Accessory Dwelling Units/Junior Accessory Dwelling Units and Sections 18.03 - Rules of Measurement, 18.12 - Hillside Overlay District, 18.29 - Design Review, and 18.40 - Use Classifications.

8. REPORTS TO COUNCIL

a. Receive a Report on the SummerHill Housing Project at 11 El Camino Real, a 242 -unit Residential Development in the MU-NB-120 District (APNs: 045-320-170; 045-320-220).

Senior Planner Rucha Dande pr ovided an update on the SummerHill Housing Project and Elaine Breeze, Senior Vice President of Development for SummerHill Communities, thanked Council and staff for their partnership.

Ms. Dande, City Attorney Greg Rubens, Community Development Director Al Savay and Ms.

Breeze responded to Council questions.

9. PUBLIC HEARING

a. Consideration of Adopting a Resolution Approving the 2024, 2025, 2026, and 2027 Residential and Commercial Solid Waste Collection Services Rates, Including Unscheduled Services, Pursuant to Proposition 218.

Public Works Director Steven Machida introduced the item and provided background on the City’s residential and commercial solid waste collection services rates and spoke on the need for an increase. Mr. Machida and Joe La Mariana , CEO of SBWMA (South Bayside Waste Management Authority), responded to Council questions.

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Public Comment:

None.

MOTION: Approve to Close the Public Hearing.

MOVER: Ronald Collins
SECONDER: John Dugan
AYES: Dugan, Collins, McDowell, Venkatesh, Rak
NAYS: None.

RESULT: Motion Passed 5 – 0

MOTION: Adopt Resolution 2023-134 Approving the 2024, 2025, 2026, and 2027 Residential and Commercial Solid Waste Collection Services Rates, Including Unscheduled Services, Pursuant to Proposition 218.

MOVER: Ronald Collins
SECONDER: Sara McDowell
AYES: Venkatesh, Dugan, Collins, McDowell, Rak
NAYS: None.

RESULT: Motion Passed 5 – 0

10. STUDY SESSION

a. Discuss and Provide Direction on the Preparation of a Historical Resource Inventory for the City.

Principal Planner Megan Wooley -Ousdahl provided background on the City’s Historical Resource Inventory and outlined the possible options for Council consideration. She, along with City Attorney Greg Rubens and Assistant Community Development Director Andrea Mardesich, responded to Council questions.

Council opted to not make any changes at this time to the current process of using the 1991 historical inventory report and the California Environmental Quality Act when reviewing applications for changes to historic structures, but directed staff to:
- conduct community outreach to promote the Mills Act Program as a means to preserve historical structures
- determine if historic homes are exempt from Senate Bill 9

Council recessed at 9:10 PM and reconvened at 9:16 PM.

11. NEW BUSINESS

a. Consideration of Adopting a Resolution Approving the 2023 Midblock Crossing Project C1807 Plans and Specifications and Authorizing a Call for Bids.

Public Works Director Steven Machida outlined the scope of the 2023 Midblock Crossing Project and, along with Senior Traffic Engineer Hanieh Houshmandi and City Attorney Greg Rubens, responded to Council questions.

Public Comment
- Mara Violanti, resident, spoke in opposition to a crosswalk at Alameda de las Pulgas.

- Christopher Violanti, resident, spoke in opposition to a crosswalk at Alameda de las Pulgas.

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- Connie Chow, resident, spoke in opposition to a crosswalk at Alameda de las Pulgas.

- Deborah Chow, resident, spoke in opposition to a crosswalk at Alameda de las Pulgas.

- Stephanie Hendricksen, resident, spoke in opposition to a crosswalk at Alameda de l as Pulgas.

- Roy Hendricksen, resident, spoke in opposition to a crosswalk at Alameda de las Pulgas.

- Bill Euchner, resident, spoke in opposition to a crosswalk at Alameda de las Pulgas.

- Alistair Jeffs, Board Member of Arts Bias and Industrial Arts Association, spoke in support of a crosswalk at Industrial Road.

- Kevin Meilinger, resident, spoke in opposition to a crosswalk at Alameda de las Pulgas.

- Steve Robbinson, resident, spoke in opposition to a crosswalk at Alameda de las Pulgas.

MOTION: At 10:25 PM, Extend the Meeting to 11:00 PM.

MOVER: Sara McDowell
SECONDER: Pranita Venkatesh
AYES: McDowell, Venkatesh, Dugan, Collins, Rak
NAYS: None.

RESULT: Motion Passed 5 – 0

Council expressed interest in a comprehensive traffic study on Alameda de las Pulgas beginning from San Carlos Avenue.

MOTION: Adopt Resolution 2023-135 Approving the 2023 Midblock Crossing Project C1807 Plans and Specifications and Authorizing a Call for Bids with an amendment to remove the Alameda aspect of the project.

MOVER: John Dugan
SECONDER: Sara McDowell
AYES: Collins, McDowell, Venkatesh, Dugan, Rak
NAYS: None.

RESULT: Motion Passed 5 – 0

b. Consideration of Adopting a Resolution Designating City -Owned Parcel APN 051 -061-200 Consisting of Approximately 6.93 Acres as Lands Added to the Area of Eaton Park and Designating City-Owned Parcel APN 050-561-030 Consisting of Approximately 37.9 Acres as Lands Added to the Area of Big Canyon Park.

Councilmember Venkatesh recused herself from this item.

Parks and Recreation Director Amy Newby presented on the item and, along with City Attorney Greg Rubens, responded to Council questions.

MOTION: Adopt Resolution 2023-136 Designating City-Owned Parcel APN 051-061-200 Consisting of Approximately 6.93 Acres as Lands Added to the Area of Eaton Park and Designating City -Owned Parcel APN 050- 561-030 Consisting of Approximately 37.9 Acres as Lands Added to the Area of Big Canyon Park.

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MOVER: Ronald Collins
SECONDER: John Dugan
AYES: Dugan, Collins, McDowell, Rak
NAYS: None.

RECUSED: Venkatesh
RESULT: Motion Passed 4 – 0 – 1

12. AGENDA SETTING

None.

13. PUBLIC COMMENT

None.

14. ADJOURNMENT

Mayor Rak adjourned the meeting at 10:45 PM.

Crystal Mui,
City Clerk

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San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Special Meeting
Collaboration Room, City Hall
600 Elm Street, San Carlos, CA 94070
November 27, 2023 6:15 PM

MINUTES

ROLL CALL

City Council Present: Adam Rak, Mayor
Ronald Collins, Councilmember
John Dugan, Vice Mayor
Sara McDowell, Councilmember
Pranita Venkatesh, Councilmember

Staff Present: Adam Aronson, Economic Development and Housing Manager Nil Blackburn, Assistant City Manager
Steven Machida, Public Works Director
Crystal Mui, City Clerk
Gregory Rubens, City Attorney
Al Savay, Community Development Director

1. CALL TO ORDER

Mayor Rak called the meeting to order at 6:18 PM.

2. PUBLIC COMMENT

None.

3. CLOSED SESSION

a. Conference with Real Property Negotiators Aronson, Maltbie, Rubens, Savay and Simon - (Closed Session Held Pursuant to Government Code Section 54956.8) to Discuss the Price and Terms of the Potential Sale of Property Located at 676 and 680 El Camino Real (APNs 050-133-340 and 050-133-350).

b. Conference with Legal Counsel - Anticipated Litigation (Closed Session Pursuant to Govt.

Code Section 54956.9(D)(2) and (4)) - 1 Case.

Councilmember Venkatesh recused herself from this item.

4. REPORT FROM CLOSED SESSION

None.

5. ADJOURNMENT

The meeting adjourned at 7:02 PM.

Crystal Mui
City Clerk

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 8, 2024
ITEM TITLE: Accept the Quarterly Reports from City Commissions and Boards.

RECOMMENDATION:

Staff recommends that the City Council accept the Quarterly Reports from the City’s Commissions and Boards.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

Since 2020, the City Council receives quarterly reports from each Commission and Board, with updates on activities from the preceding period, along with its member attendance report.

ANALYSIS:

Attached are the Fiscal Year 2023-24 second quarter reports from the following Commissions and Boards for the period of October through December 2023:
- Downtown Advisory Committee
- Economic Development Advisory Commission
- Museum of San Carlos History
- Parks, Recreation and Culture Commission
- Planning and Transportation Commission
- Residential Design Review Committee
- Youth Advisory Council
ALTERNATIVES:

The alternatives available to the City Council include:

1. Accept the Quarterly Reports from City Commissions and Boards; or

2. Do not accept the Quarterly Reports from City Commissions and Boards; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Crystal Mui, City Clerk

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Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Downtown Advisory FY2024 Q2 Report

2. Economic Development Advisory FY2024 Q2 Report

3. Museum FY2024 Q2 Report

4. Parks, Recreation and Culture FY2024 Q2 Report

5. Planning and Transportation FY2024 Q2 Report

6. Residential Design Review FY 2024 Q2 Report

7. Youth Advisory FY2024 Q2 Report

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Downtown Advisory Committee (“DTAC”)
Q2 Quarterly Reports
October 1, 2023 – December 30, 2023

Summary of Accomplishments

November 14, 2023 DTAC Meeting #6

The agenda for the November 14, 2023 DTAC meeting included:

• Project updates.

• Presentation and discussion to develop a draft vision and guiding principles for the Downtown Specific Plan.

• Presented refined concepts (“The Promenade” and “The Garden”) for the 700 Block of Laurel Street, and ideas for the 600 and 800 blocks of Laurel Street, the 1100 and 1200 blocks of San Carlos Avenue, El Camino Real, Arroyo and Brittan Avenues.

• Presented circulation/mobility options that support the Downtown vision.

• Following these presentations, the DTAC members organized into several breakout groups to discuss and share their ideas and perspectives about the concepts presented.

A detailed summary of the DTAC’s feedback can be found in the DTAC 11.14.23 meeting minutes.

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Meeting Date
James Bertram
(Alternate)
Madison
Blanton
Allie
Board
Amy
Buckmaster
Sreecharan
Chandrasekharan
Allison
Chang
Tom
Davids
Jean
Dehner
Samina
Ginwalla
Anthony
Kamm
Cecile
Lee
Donna
Lera
Tracy Massaro
(Alternate)
Mark
Maxwell
Monette
Meredith
Elizabeth
Min
Dylan
Karmin
Joaquin
Pedrin
No Meeting Held in Q1
Total Unexcused Absences
1st Quarter
11/14/2023 E U P E U P P P P P P P U P P U P P
Total Unexcused Absences
2nd Quarter 0 1 - U 0 0 1 - U 0 0 0 0 0 0 0 1 - U 0 0 1 - U 0 0 Total Unexcused Absences
This Fiscal Year 0 1 - U 0 0 1 - U 0 0 0 0 0 0 0 1 - U 0 0 1 - U 0 0 P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

City of San Carlos
Downtown Advisory Committee Attendance Log

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CITY OF SAN CARLOS

ECONOMIC DEVELOPMENT ADVISORY COMMISSION (EDAC)

QUARTERLY REPORT, OCTOBER-DECEMBER 2023

Commissioners
Sailesh Mehra (Chair)
Heather Liu (Vice-Chair)
Kelly Hickey, Anthony Kamm, Rajesh Krishnan, Madhura Kumar, Karen Molinari, Laura Kotee (alternate)

Advisory
Al Savay, Community Development Director
Adam Aronson, Economic Development & Housing Manager
Cristian Padilla, Economic Development Coordinator
Sajuti Haque, Sr. Management Analyst

Meetings Summary
During the last quarter (October-December 2023), the EDAC convened on October 24th. Alistair Jeffs, a board member of Art Bias and President of the Industrial Arts Business Association (IABA), presented on the initiatives undertaken by both the Industrial Arts District (IAD) and IABA.

Key areas of the presentation included:
• Promoting a safe, clean, and welcoming environment for businesses and customers. • Addressing flooding challenges through improved drainage systems, preventative measures, and advocacy.
• Highlighting the need for infrastructure upgrades, particularly sidewalks and parking availability.

Current initiatives underway:
• Developing a real-time communication network and emergency procedures to enhance member support.
• Strengthening community engagement through membership outreach and government relations.
• Advocating for public art initiatives to beautify the district and attract visitors. • Exploring potential synergies and collaboration with the Eastside Innovation District. • Aligning IABA's goals with the City's strategic plans to ensure efficient resource allocation and long-term success.

Following the presentation by the Industrial Arts Business Association, Cristian Padilla provided updates concerning shop local campaigns, including the upcoming Tote Bag Giveaway designed to support small businesses during the Small Business Saturday. The EDAC also reviewed applications and selected 10 businesses to feature in the Small Business Spotlight Program. The following businesses were selected for recognition in this program:

Dils Design, Destira Leotards, Hyatt's Hair Studio, Devil's Canyon Brewing Co., Lark San Carlos, San Carlos Flight Center, Falk, Barrot & Associates, LLP, Bob & Kevin's Auto Service, The Kids Company, Fit4mom SFPeninsula.

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Meeting Date
Sailesh Mehra
(Chair) Anthony Kamm Madhura Kumar Kelly Hickey
Heather Liu
(Vice-Chair) Rajesh Krishnan Karen Molinari
Laura Kotee
(Alternate)
7/25/2023 - C
8/22/2023 P P P E U P P N/A
9/26/2022 - C
Total Unexcused Absences 1st Quarter 0 0 0 0 1 - U 0 0 0 10/24/2023 P P P P P P P N/A
11/28/2023 - C
12/26/2023 - C
Total Unexcused Absences 2nd Quarter 0 0 0 0 0 0 0 0
Total Unexcused Absences
This Fiscal Year 0 0 0 0 1 - U 0 0 0
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Economic Development Advisory Commission Attendance Log Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

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1 Museum of San Carlos History
2nd Quarter Report to the San Carlos City Council

This report covers the time period from October 1 – December 31, 2023.

The Museum Board had one regularly scheduled meeting during this time period. The meeting took place on Tuesday, November 14, and was convened via Zoom; it was attended by all Board members.

The 2nd quarter slows down for the Museum Board with only one Board meeting and one Villagers (docents) meeting. However, the Museum remains open every Saturday through October and November and we use the month of December to have the Museum cleaned and schedule workdays to complete the exhibit inventory.

Attendance
• All three City representatives were present at the November 14 meeting. • The Villagers, the Museum docent group, held an in person meeting at the Museum on October 5. Most Museum Board members attended that meeting as well.

Activities & More
 The Museum was open to the public every Saturday during October and November from 1 to 4pm.  The number of weekly visitors during this quarter remained steady although not large. We attribute this in part to holidays and weather. During the spring and summer the Museum gets a fair amount of traffic from families out for a walk.
 The Museum is closed to the public during the month of December.  During the month of December, the Museum schedules a deep cleaning of the Museum including carpet cleaning.
 Board members and Villagers continue to our inventory of artifacts in the storage rooms and sheds. Our goal is to make sure we have a complete and up to date inventory, and, remove the odds and ends that ended up in our storage but have no relevance to the history of San Carlos.  Our annual holiday party celebrating our volunteers and supporters was held on December 12. It was well attended and a good time was had by all.
 The Museum Board and Villagers continue to preserve our oldest newspapers that are too fragile to be scanned into the online archives.
 We held a “pop up” shop on December 2 to sell items a member of the public might want for a unique holiday gift.
 The Board received a $5,000 Community Foundation grant to fund a continuation of Linda Garvey’s San Carlos Stories. This continuation of the oral history of San Carlos will cover the years from 2000 to present and be formatted as videos, not a book.

The next report will be submitted at the end of the 3rd quarter in March of 2024.

Thank you for your support throughout the 2023 year. We look forward to our continued positive relationship in 2024!

Respectfully Submitted by,
Molly Barton
MoSH Secretary
12/18/2023

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Meeting Date Molly Barton Andy Klein John Durkin
7/20/2023 P P P
9/21/2023 P P P
Total Unexcused Absences
1st Quarter 0 0 0
11/14/2023 P P P
Total Unexcused Absences
2nd Quarter 0 0 0
Total Unexcused Absences
This Fiscal Year 0 0 0
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Museum of San Carlos History Attendance Report
Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) consecutive Regular Meetings, will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from (2) consecutive Regular Meetings will result in that Commission member’s seat being declared vacant by the City Clerk.

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Parks, Recreation & Culture Commission
Second Quarter for FY 2024
October - December 2023

The Parks, Recreation & Culture Commission met twice during the second quarter, FY 2024, on October 4 and December 6, 2023. The meeting was held in-person at the San Carlos Library Community Rooms.

• Commissioners received updates on the San Carlos Museum of History Board by Commissioner John Durkin.
• Commissioners provided recommendations on City Centennial Advisory Committee appointments and selected artists for the Utility Box Mural Project Phase 3. • Commissioners received a presentation on Youth Development Services, presented by Emma Licko, Recreation Coordinator and Senior Services by Caitlyn Matoso, Recreation Supervisor and Matt Okada, Recreation Coordinator.
• Commissioners also received updates on Parks & Recreation programs and services and Current Improvement Projects such as trails and the North Crestview Master Plan from Amy Newby, Parks & Recreation Director.

Please see attached PR&C Commission Attendance Log.

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Meeting Date John Durkin Cecile Lee Mark Maxwell Tony Chao Bob Bollier Julie Lubetkin
(Alternate)
8/2/2023 P P E E P E
Total Unexcused Absences
1st Quarter 0 0 0 0 0 0
10/4/2023 P P P U P P
12/6/2023 P P P P P P
Total Unexcused Absences
2nd Quarter 0 0 0 1 - U P P
Total Unexcused Absences
This Fiscal Year 0 0 0 1 - U 0 0
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Parks, Recreation and Culture Commission Attendance Log Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

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Planning and Transportation Commission
Q2 Quarterly Reports
October 1, 2023 – December 30, 2023

Summary of Accomplishments

The Planning and Transportation Commission (PTC) held 4 meetings in the second quarter of FY 2023/2024 and addressed the following items:

October 16, 2023:

1. Discussed appointing one member of the Planning and Transportation Commission to serve on the City Centennial Advisory Committee – decision was postponed to November 6, 2023.

2. Brittan Avenue and San Carlos Avenue Sidewalk Replacement Project.

November 6, 2023:

1. 501 Industrial Road (APN 046- 090-410) - Public Hearing to Consider Recommending the City Council Certify the Final Environmental Impact Report, Adopt the Planned Development Zoning and Associated Planned Development Plan and Approve the Development Agreement, and to Consider Approving the Design Review and Transportation Demand Management Plan – Adopted a resolution recommending the City Council adopt an Ordinance for the Plan Development Plan, and approved Design Review and Transportation Demand Management Plan.

2. Proposed Amendments to the City of San Carlos’ Municipal Code, Title 18, Zoning, Sections 18.15 – General Site Regulations, 18.21 – Performance Standards, and

18.28 – Zoning Clearance for Consistency with the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport – Adopted a resolution recommending the City Council approve said amendments.

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3. Planning and Transportation Commission Member Recommendations to Serve on the City of San Carlos’ Centennial Advisory Committee.

a. The Commission put forth Janet Castaneda as the first name for participation on the City of San Carlos Centennial Advisory Committee; and put forth David Roof as the alternate.

November 20, 2023:

1. 549 and 575 Prospect Street (APNs: 050-034-150; 050-034-120) – Public Hearing to consider approving the Design Review, Conditional Use Permit (CUP), Protected Tree Removal Permit, and Vesting Tentative Map to construct two new four-unit townhouse buildings. – Approved

2. Held a study session on Draft Objective Design Standards (ODS) for Multi-family (RM) and Mixed-use (MU) development types.

December 4, 2023:

1. 99 Devonshire Boulevard (APN: 049331020) – Public Hearing to consider approving the Design Review and a Variance to allow for a second story addition to an existing one-story single-family residence within the normally required stream and front setbacks. - Approved

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Meeting Date Janet Castaneda Kristen Clements Ellen Garvey Jim Iacaponi David Roof 7/3/2023 - C
7/17/2023 - C
8/7/2023 - C
8/21/2023 P P P P P
9/5/2023 P E P E P
9/18/2023 P P P P P
Total Unexcused Absences
1st Quarter 0 0 0 0 0
10/2/2023 - C
10/16/2023 E P P P P
11/6/2023 P P P P P
11/20/2023 P P P P P
12/4/2023 P P P P P
12/18/2023 - C
Total Unexcused Absences
2nd Quarter 0 0 0 0 0
Total Unexcused Absences
This Fiscal Year 0 0 0 0 0
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Planning and Transportation Commission Attendance Log
Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

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1 Residential Design Review Committee (RDRC)
Q2 Quarterly Report
October 1, 2023 – December 22, 2023

Summary of Accomplishments

The RDRC held four public hearings in the second quarter of FY 2023-2024 and took the following actions:

A. Approvals: Seven (7) applications: two (2) new residences, one (1) addition and ADU, and four (4) additions.

Address Description Total square
footage of
residence (s.f.)
2033 White Oak Way Addition and ADU 3,823 s.f.
1110 Hudson Court Addition 3,894 s.f.
749 Tamarack Avenue New residence 3,402 s.f.
43 Northam Avenue Addition 4,028 s.f.
1044 Sunset Avenue Addition 3,542 s.f.
1044 Hewitt Drive Addition 4,524 s.f.
975 Chestnut Street New residence 3,087 s.f.

B. The final meeting of the Residential Design Review Committee (RDRC) was held on December 12, 2023. Under Ordinance #1603, Objective Design Standards (ODS) is replacing the committee. ODS became effective on December 13, 2023.

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Meeting Date Ellen Garvey John Stewart Hae Young Datwani David Roof, Alternate 7/4/2023 - C C C C N/A
7/18/2023 - C C C C N/A
8/1/2023 P P E N/A
8/15/2023 - C C C C N/A
9/5/2023 P P P N/A
9/19/2023 P P P N/A
Total Unexcused Absences
1st Quarter 0 0 0 0
10/3/2023 - C
10/17/2023 - C
11/7/2023 P P P N/A
11/21/2023 P P U N/A
12/5/2023 P P P N/A
12/12/2023 P P P N/A
Total Unexcused Absences
2nd Quarter 0 0 1 - U 0
Total Unexcused Absences
This Fiscal Year 0 0 1 - U 0
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Residential Design Review Committee
Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

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YOUTH ADVISORY COUNCIL (YAC): QUARTERLY REPORT
October 2023 – December 2023
October 2023:
• The Youth Advisory Council designed, scripted and performed in the annual Youth Center Haunted House and Movie Night on October 20, where over 600 community members participated in corn maze themed games, face painting, crafts and eating Mister Softee Ice Cream.
• On October 28, the Youth Advisory Council hosted a Laurel Street Clean-Up. Twenty community members participated, ranging in age from 10-18 years old. The clean-up was scheduled the day after the Goblin Walk to ensure no candy wrappers were left behind.

November 2023:
• On November 3, The Youth Advisory Council attended a district-wide social with other youth councils and committees from the greater Peninsula, hosted at the Youth Center. The YAC Social allowed students to get together to socialize, network and plan for the upcoming YAC Attack mini conference. Over 100 teens across 14 Bay Area cities connected to exchange ideas on how they can better their communities.
• On November 18, the Youth Advisory Council volunteered at the Stanford Blood Center Blood Drive at the Youth Center. Nine first timers, and 14 walk-in donors, attended the drive, totaling 22 donations.

December 2023:
• The Youth Advisory Council hosted a winter-wonderland themed photobooth at the annual Night of Holiday Lights community event on December 1. YAC members volunteered at the event while assisting by taking pictures with the photo backdrop for families and friends who were in the festive spirit.
• On December 18-20, the Youth Advisory Council hosted a “Finals and Fries” event for High School students at the Youth Center. This free event included a table full of fries from a variety of local restaurants, studying supplies, three collaborative spaces with varying noise levels, a study skills presentation from Sequoia High School guidance counselors and onsite tutors.

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City of San Carlos
Youth Advisory Council Attendance Log
Members are expected to attend all regularly scheduled meetings and should make every effort to do so. Such attendance ensures a steady flow of communication and keeps everyone abreast of current topics under discussion. Unexcused absences from three (3) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk. For those Commissions that are scheduled to meet less than once a month, unexcused absences from two (2) Meetings within a Fiscal Year will result in that Commission member’s seat being declared vacant by the City Clerk.

Maya
Kacholiya
(Alternate)
Michael
Sandoval
(Alternate)
Samina Eva Ava
Meeting Date Dylan Karmin Hannah Delizo Sufiya Kaul Ginwalla Annika Gupta Zuri Kadiwar Cecily Mock McLinden Ellora Mehta Stathacopoulos Connor Huh 7/12/2023 - C (Summer Break)
8/30/2023 P
P
P
P
P
P
P
P
P
P
P
P
P
P
E
P
P
P
P
E
P
P
P
P
P
P9/13/2023
Total Unexcused Absences
1st Quarter
10/11/2023
11/8/2023
12/13/2023
0 E
P
P
0 P
P
P
0 P
P
P
0 P
P
P
0 P
P
P
0 P
P
P
0 P
P
P
0 U
P
P
0 P
P
P
0 P
U
P
0 P
P
P
0 P
P
P
0 P
P
E
Total Unexcused Absences
2nd Quarter 0
0 0
0 0
0 0
0 0
0 0
0 0
0 1 - U
1 - U
0 0
1 - U
1 - U
0 0
0 0
0 0
Total Unexcused Absences
This Fiscal Year
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 8, 2024
ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Transfer $3 Million from the Unfunded Liability Reserve to Pay Down the California Public Employees Retirement System (CalPERS) Unfunded Pension Liability and Apply the $3 Million Payment to the Short-term Amortization Bases.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to transfer $3 million from the Unfunded Liability Reserve to pay down the California Public Employees Retirement System (CalPERS) Unfunded Pension Liability and apply the $3 million payment to the short-term amortization bases.

FISCAL IMPLICATIONS:

The Adopted Fiscal Year (FY) 2023-24 Budget includes an appropriation in the amount of $3 million to facilitate this transaction.

Approval of this Resolution will generate projected gross savings in the amount of $4.36 million through 2045 or operating budget savings of $370,000 ($329,300 General Fund and $40,700 Wastewater Fund), on average, over the next ten years.

BACKGROUND:

On May 5, 2023, the Administrative Services Director presented the Council with a FY 23-24 budget recommendation to make a payment to CalPERS in the amount of $3 million. The payment would come from the Unfunded Liability Reserve which was established several years ago to help offset the costs of pension and pension liabilities. The reserve was created from prior year surpluses which are typically generated from salary and benefit savings from vacant positions.

The CalPERS Public Employees’ Retirement Fund (PERF) has experienced fluctuations in returns over the last several years. In addition to the volatility in the returns, the CalPERS Board has made changes in the discount rate assumptions. Both factors drive the annual pension obligations of the City. Below is a chart summarizing the investment returns, discount rate factors, and when they will impact the City’s pension contributions. As shown below, there is a two-year delay before the changes in the PERF impact our annual pension contributions. The negative returns in FY 2022, combined with the drop in the discount rate in FY 2024-25, will increase our annual obligation significantly.

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CalPERS
Fiscal Year
PERF
Return
Discount
Rate
Impact
to City
2022-23 5.8% 6.8% July 2025
2021-22 -6.1% 6.8% July 2024
2020-21 21.3% 7.0% July 2023
2019-20 4.7% 7.0% July 2022
2018-19 6.7% 7.0% July 2021
The City Council has previously approved one-time payments in the amount of $5 million in FY 2017-18 and $7 million in FY 2020-21 to reduce the long-term obligations that are impacted by the changes in the discount rate and investment returns in the CalPERS PERF.

ANALYSIS:

The Additional Discretionary Payment (ADP) to CalPERS in the amount of $3 million would eliminate $4.4 million to $6.1 million in future pension payments and would help smooth out the volatility in the CalPERS rates associated with our Miscellaneous Tier 1 (Misc Tier 1) Pension Plan.

The City’s CalPERS Unfunded Accrued Liability (UAL) is made up of layers called amortization bases, and each of these amortization bases represents portions of UAL debt with a specific term and associated repayment schedule.

Paying off $3 million of the longer amortization bases in the Misc Tier 1 plan would generate the most projected gross savings, about $6.1 million total, through 2045, or about $290,000 on average annually. However, paying off the shorter bases (with estimated savings through 2039) would maximize near-term savings, in the estimated amount of an extra $140,000 annually over the next 10 years versus the longer bases. A benefit of paying off the shorter bases is the associated savings would be more concentrated in the near term, which would provide more impact for managing the projected peak in UAL payments through FY 2035 (based on the current payment schedule). The two lines in the chart below depict the current projected UAL payments associated with the Misc Tier 1 Pension Plan, adjusted for the $3 million ADP, under both scenarios for comparison.

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Given the uncertainty of future changes in the CalPERS discount rate and their investment returns, applying the $3 million to pay off the longer amortization bases does not provide a guarantee that these savings will materially offset any potential future cost increases. Therefore, it is recommended that the one-time payment of $3 million be applied to pay-down shorter amortization bases to maximize the projected payments savings in the next ten years.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the City Manager to transfer $3 million from the Unfunded Liability Reserve to pay down the California Public Employees Retirement System (CalPERS) Unfunded Pension Liability and apply the $3 million payment to the short-term amortization bases; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2024 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AUTHORIZING THE CITY MANAGER TO TRANSFER $3 MILLION FROM THE UNFUNDED

LIABILITY RESERVE TO PAY DOWN THE CALIFORNIA PUBLIC EMPLOYEES

RETIREMENT SYSTEM (CALPERS) UNFUNDED PENSION LIABILITY AND APPLY THE $3 MILLION PAYMENT TO THE SHORT-TERM AMORTIZATION BASES.

WHEREAS, the Unfunded Liability Reserve was established several years ago to help offset the costs of pension and pension liabilities; and WHEREAS, the Fiscal Year 2023-24 Adopted Budget includes an appropriation in the amount of $3 million to facilitate this transaction; and WHEREAS, the CalPERS Public Employees’ Retirement Fund (PERF) has experienced fluctuations in returns over the last several years and have made changes to the discount rate assumptions; and
WHEREAS, the one-time payment to CalPERS would eliminate $4.36 million in future pension payments in the Miscellaneous Tier 1 Pension Plan; and WHEREAS, approval of this Resolution will generate operating budget savings in the amount of $370,000 on average for the next ten years.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby authorizes the City Manager to transfer $3 million from the Unfunded Liability Reserve to pay down the California Public Employees Retirement System (CalPERS) Unfunded Pension Liability and apply the $3 million payment to the short-term amortization bases. * * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 8th day of January 2024, by the following vote:

AYES, COUNCILMEMBERS:_______________________________________________ NOES, COUNCILMEMBERS:_______________________________________________ ABSENT, COUNCILMEMBERS:_______________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 8, 2024
ITEM TITLE: Deny Claim of John Nagy.

RECOMMENDATION:

Staff recommends that the City Council deny the claim of John Nagy as recommended by the Sedgwick representative.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

This item is coming before the Council to act on the claim submitted by John Nagy. Staff recommends that the City Council deny the claim based on Sedgwick’s guidance.

The Tort Claims Act. California Government Code Sections 900, seq., mandates that all claims for money or damages against a public entity must be presented in writing to the public entity prior to filing suit. Generally, claims concerning personal injury, wrongful death, damage to personal property, or damage to crops must be presented to the public within six (6) months of the accrual of the claim. All other claims, principally claims on contracts and damage to real property, are subject to a one-year statute of limitations for presentation of the tort claim. Once a tort claim is received by the public entity, the entity has forty-five (45) days to act on the claim. A claim can be settled or rejected. If no action is taken within 45 days, the claim is deemed rejected by operation of law on the last day.

Claims Processing in San Carlos. When the City receives a claim, the claim is immediately forwarded to claims examiners at Sedgwick for investigation. After Sedgwick investigates the claim, Sedgwick provides a recommendation to the City on the handling of the claim.

About Sedgwick. Sedgwick is a leading global provider of technology-enabled risk, benefits and integrated business solutions. In July 2019, Sedgwick acquired York Risk Services Group (“York”). York was originally hired through the Pooled Liability Assurance Network Joint Powers Authority (“PLAN JPA”), and Sedgwick will continue claims administration services to provide claims administration services to the City. The City Council approved the City’s participation in the PLAN JPA (previously known as the Association of Bay Area Government Pooled Liability Assurance Network or “ABAG PLAN”) on November 27, 2017 and designated the Administrative Services Director and Senior Management Analyst as primary and alternate PLAN JPA Board members.

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ANALYSIS:

Claimant John Nagy filed a claim against the City for property damages resulting from blockage in the sewer lateral pipes allegedly created by the City’s Public Works staff. The loss date presented by claimant is September 5, 2023. Claimant is seeking a reimbursement of $850 for the cost of hiring a plumber to clear the blockage.

This does not appear to be a case of liability against the City. Public Works staff confirmed that they did not clean or service the sewer lateral lines on the date of loss or anytime in August 2023.

For that reason, Sedgwick recommends formal rejection of John Nagy’s claim.

The Council’s rejection of this claim does not prevent City staff nor the staff of Sedgwick from continuing to work with the claimant to resolve the dispute.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Deny the claim of John Nagy; or

2. Do not deny the claim of John Nagy; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Nagy Claim Form

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 8, 2024
ITEM TITLE: Adopt a Resolution Adopting the Amended Salary and Benefit Resolution for the Part-Time Employee Group, Effective January 1, 2024.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution adopting the updated Salary and Benefit Resolution for the Part-Time Employee Group effective January 1, 2024.

FISCAL IMPLICATIONS:

None for this action.

As discussed during the budget study sessions, certain assumptions were presumed and included in the development of the budget. As a result, there is sufficient funding included in the Adopted Biennial Budget for fiscal years 2023-25.

BACKGROUND:

On November 13, 2018, the City Council approved an updated Salary and Benefit Resolution for the part-time employee group. That Resolution provided wage increases over four years, with the last increase effective January 1, 2022.

On August 28, 2023, the City Council approved an updated memorandum of understanding (MOU) with the American Local 856, Freight Checkers, Clerical Employees and Helpers Union, International Brotherhood of Teamsters (Teamsters) Unit for the term of September 1, 2023 through August 31, 2026. The changes made to the MOU included cost of living adjustments (COLAs) in the amount of 5% increase, effective the first pay period on or after September 1, 2023; 3% increase, effective the first pay period on or after September 1, 2024; and 3% increase, effective the first pay period on or after September 1, 2025.

On September 11, 2023, the City Council approved an updated MOU with the Local 829 American Federation of State, County and Municipal Employees (AFSCME) for the period of July 1, 2023 through June 30, 2026. The changes made to the MOU included COLAs in the amount of 5% increase, effective the first pay period on or after July 1, 2023; 3% increase, effective the first pay period on or after July 1, 2024; and 3% increase, effective the first pay period on or after July 1, 2025.

On September 11, 2023, the City Council approved an updated Salary and Benefit Resolution for both the Management and Confidential Groups for the period of July 1, 2023 through June 30, 2026. The changes made to the Resolution included COLAs in the amount of 5% increase,

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effective the first pay period on or after July 1, 2023; 3% increase, effective the first pay period on or after July 1, 2024; and 3% increase, effective the first pay period on or after July 1, 2025.

On October 4, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 616, which amends California's Healthy Workplaces, Healthy Families Act (HWHFA) and expands paid sick leave requirements for employers in California.

As of January 1, 2024, California’s paid sick leave law allows employees in the part-time employee group to use up to 40 hours, or five days, of paid sick leave per year. Before January 1, 2024, an employee’s use was limited to 24 hours, or three days, during a year.

As of January 1, 2024, the California State minimum wage is $16.00/hour and the San Carlos minimum wage is $16.87/hour. The proposed salary table in Attachment 2 has hourly rates starting at $18.23/hour or well above the minimum wage.

ANALYSIS:

Staff recommends that the City Council adopt an updated Salary and Benefit Resolution with the following changes:
- Effective Date: January 1, 2024.
- Salary Adjustments: Effective the first pay period on or after January 1, 2024, increase base wage rates for all positions by five percent (5%). Effective the first pay period following January 1, 2025, increase base wage rates for all positions by three percent (3%). Effective the first pay period following January 1, 2026, increase base wage rates by three percent (3%).
- Sick Leave. Part-time employees will earn one hour of paid sick leave for every thirty hours worked, to a maximum cap of 80 hours. An employee’s use of accrued paid sick leave is limited to 40 hours during a 12-month period.

The recommended changes incorporate the changes in the law and are reflective of the changes adopted for the other labor groups. There are no other changes recommended at this time.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution updating the Salary and Benefit Resolution for the Part-Time Employee Group, effective January 1, 2024; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director

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Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. Proposed 2024 Part-Time Employee Group Salary and Benefit Resolution

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RESOLUTION NO. 2024 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

ADOPTING THE AMENDED SALARY AND BENEFIT RESOLUTION FOR THE PART-TIME EMPLOYEE GROUP, EFFECTIVE JANUARY 1, 2024.

WHEREAS, the Part-Time Employee Group Salary and Benefit Resolution was last updated and adopted by the City Council on November 13, 2018; and WHEREAS, the last wage increase for the part-time employee group was effective on January 1, 2022; and
WHEREAS, on October 4, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 616, which amends California's Healthy Workplaces, Healthy Families Act (HWHFA) and expands paid sick leave requirements for employers in California; and WHEREAS, it is recommended that the Part-Time Employee Group receive the same cost of living adjustments as the other labor groups.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby approves the amended Part-Time Employee Group Salary and Benefits Resolution. * * * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 8th day of January 2024, by the following vote:

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CITY OF SAN CARLOS

PART-TIME EMPLOYEE GROUP
Salary and Benefit
Resolution
January 1, 2024

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PART-TIME EMPLOYEES
Table of Contents

1. DEFINITION .........................................................................................................................................1

1.1. Casual Employees ........................................................................................................................1

1.2. Part-Time CalPERS Membership Eligible Employees ................................................................1

1.3. Part-Time Medical Plan Eligible Employees ...............................................................................1

2. SALARY AND CLASSIFICATION .....................................................................................................1

2.1. Salary Rates..................................................................................................................................1

2.2. Starting Salary ..............................................................................................................................1

2.3. Salary Step and Merit Increases ...................................................................................................2

3. OVERTIME PAY ..................................................................................................................................2

4. MEDICAL, RETIREMENT AND OTHER BENEFITS.......................................................................2

4.1. CalPERS Membership Eligibility.................................................................................................2

4.2. Medical Plan Eligibility and Benefits...........................................................................................3 A. CalPERS medical plan eligibility...........................................................................................3 B. Affordable Care Act (ACA) Eligibility..................................................................................3 C. Dental.....................................................................................................................................4

4.3. Part-Time Sick Leave ...................................................................................................................4

5. EMPLOYMENT RECORDS.................................................................................................................4

6. PERFORMANCE EVALUATIONS .....................................................................................................4

7. HOLIDAY CLOSURES ........................................................................................................................5 Appendix A – Salary Schedule.......................................................................................................................6

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CITY OF SAN CARLOS

PART-TIME EMPLOYEE GROUP
Salary and Benefit Resolution
This RESOLUTION modifies the existing terms of employment for the Part-Time Employee Group. The Part-Time Employee Group is comprised of at-will employees and is not formally recognized by the City as an organized employee unit. It is the Council’s desire to adopt the revised terms as documented below.

1. DEFINITION
A part-time employee is an employee working “at will”. An “at will” employee is defined as an employee who is not in the competitive service, and has no property interest in continued employment. The City has the following categories of part time employees:

1.1. Casual Employees
Casual Employees are defined as those employees who work on a per diem, seasonal or temporary basis, and do not work sufficient hours to meet the mandated California Public Employees’ Retirement System (CalPERS) benefits criteria.

1.2. Part-Time CalPERS Membership Eligible Employees
Part-Time CalPERS Membership Eligible Employees are defined as those employees who qualify for CalPERS membership as defined by the Public Employees’ Retirement Law (PERL) and participate in the City’s CalPERS defined benefit retirement plan. Eligibility is defined in Section 4.1.

1.3. Part-Time Medical Plan Eligible Employees
Part-Time Medical Plan Eligible Employees are defined as those employees who qualify for medical plan enrollment as defined by the PERL or the Affordable Care Act (ACA).

Eligibility is defined in Section 4.2.

2. SALARY AND CLASSIFICATION

2.1. Salary Rates
The salary rates for all classifications are listed on Appendix A, attached hereto. Effective the period on or after January 1, 2024, the applicable base wage rates set forth in Appendix A reflect a base wage rate increase of five percent (5%) over base wage rates in effect on December 31, 2023 for all classifications. For the first pay period following January 1, 2025 applicable base wage rates set forth in Appendix A reflect an additional base wage rate increase equal to three percent (3%) of the base wage rates in effect on December 31, 2024, for all classifications. For the first pay period following January 1, 2026 applicable base wage rates set forth in Appendix A reflect an additional base wage rate increase equal to three percent (3%) of the base wage rates in effect on December 31, 2025, for all classifications

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2.2. Starting Salary
Part-time employees are normally hired at salary “Step 1” unless they are exceptionally qualified, and a higher starting salary is recommended by the Department Head and approved by the City Manager.

2.3. Salary Step and Merit Increases
A step increase is based upon a review and evaluation of the employee's job performance after a specified period of time has elapsed. Employees must receive at least a satisfactory rating, as indicated on their most recent Performance Evaluation Form, in order to be considered for a step increase.

Seasonal employees must receive an evaluation rating of “above average” or higher during the last seasonal appointment to be considered for a step increase upon reemployment to the same seasonal classification. Step increases are not automatic.

Salary increases may also be granted when incumbents are assigned additional responsibilities and/or when they have obtained additional knowledge/coursework pertaining to the field of recreation.

Upon written justification with a recommendation by the Department Head and approval by the City Manager, an individual who demonstrates exceptional leadership ability and outstanding job performance may be evaluated in advance of the time requirements set forth in Section 6 and given a merit increase.

All increases in compensation will become effective on the payroll immediately following the effective date of the compensation change.

3. OVERTIME PAY
Part-time employees are eligible for overtime premium pay at a rate of time and one-half their regular rate of pay when required to work more than a 40-hour week. A part-time employee’s work week shall begin at 12:00 a.m. Monday and ends at 11:59 p.m. the following Sunday, unless otherwise designated by the Department Head.

4. MEDICAL, RETIREMENT AND OTHER BENEFITS

4.1. CalPERS Membership Eligibility
The benefits provided in this section are available to those employees who qualify as Part- Time CalPERS Membership Eligible Employees. An employee who meets one of the following conditions may be considered eligible for CalPERS Membership:

1. Employees who are already members of CalPERS.

2. An employee who is hired with no length of appointment specified, but full-time employment continues longer than six months.

3. Employees working regular, part-time service who work at least an average of 20

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hours or more a week for one year or longer.

4. An employee who works 1,000 hours or more in a fiscal year (if paid on an hourly basis). Any overtime hours worked are counted as qualifying time.

For eligible employees hired on, or became CalPERS entitled on or after April 23, 2012, or “classic CalPERS members, as determined by CalPERS, the City provides the CalPERS

2.0% @ 55 retirement benefit formula, with the optional benefits of allowing employees to convert accrued, unused sick leave to service credit upon retirement from the City of San Carlos and using the average of the three highest years’ compensation to calculate the pension benefit. Employees under this formula pay seven (7) percent towards the member contribution rate.

For eligible employees hired on, or became CalPERS entitled on or after January 1, 2013 who are “new” CalPERS members, as determined by CalPERS, the City provides the CalPERS 2.0% @ 62 retirement benefit formula, with the optional benefits of allowing employees to convert accrued, unused sick leave to service credit upon retirement from the City of San Carlos and using the average of the three highest years’ compensation to calculate the pension benefit. Employees under this formula pay fifty (50) percent of the total normal cost towards the member contribution rate.

4.2. Medical Plan Eligibility and Benefits
A. CalPERS medical plan eligibility:

Employees with appointments that are at least six months and one day and half time or greater (20 hours or more per week) are eligible to enroll.

The City shall contribute the minimum amount required by law toward the monthly premium for hospital and medical care benefits under the CalPERS Public Employees’ Medical & Hospital Care Act (PEMHCA) Health Plan for each eligible employee enrolled in a CalPERS health plan. Any remaining premium shall be paid by the employee either through the section 125 Plan (described below) or payroll deduction of a combination thereof.

The City will continue to provide a Flexible Benefits Plan, subject to the requirements and availability of Internal Revenue Code Section 125, allowing employees to use pre-tax compensation for PEMHCA medical premiums.

B. Affordable Care Act (ACA) Eligibility:

Employees who have worked an average of 130 hours per month during their measurement period, as defined by Council resolution dated February 10, 2014, are eligible for an offer of medical insurance coverage.

The City shall contribute the minimum amount required by law toward the monthly premium for hospital and medical care benefits under the CalPERS (PEMHCA) Health Plan for each eligible employee enrolled in a CalPERS health plan plus an additional dollar amount depending on the employee’s hourly salary and the lowest cost, employee-only health plan to ensure that the employee’s maximum monthly

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employee-only contribution does not exceed the maximum amount allowed by the Affordable Care Act. Any remaining premium shall be paid by the employee either through the section 125 Plan (described below) or payroll deduction of a combination thereof.

C. Dental
Part-time employees who are scheduled to work at least 30 hours per week will be eligible for dental coverage. The City shall provide the City Dental Reimbursement Plan for eligible employees and their dependents and shall pay a maximum monthly amount of one hundred seventy-five dollars ($175.00) per month. The City may select and implement a substitute plan(s). Any cost for the current or a substitute plan not paid by the City will be paid by the employee through payroll deduction.

The maximum dental benefit per covered individual is two thousand dollars ($2,000) per fiscal year.

4.3. Part-Time Sick Leave
Part-time employees will earn one (1) hour of paid sick leave for every thirty (30) hours worked to a maximum cap of 80 hours. An employee’s use of accrued paid sick leave is limited to 40 hours during a 12-month period.

An employee may use their accrued paid sick days beginning on the 90th day of employment. Unused sick leave may not be converted to cash, but a maximum of eighty (80) hours may be carried forward on an annual basis.

If an employee separates from employment and is rehired within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations.

Employees are entitled to use paid sick leave for the diagnosis, care, or treatment of an existing health condition, or preventive care for, them themselves or immediate family member or if employee is a victim of domestic violence, sexual assault or stalking For the purpose of this Section, immediate family is defined as husband, wife, domestic partner as defined by the State of California, father, mother, grandfather, grandmother, sister, brother, son, daughter, grandchild, mother-in-law, father-in-law, stepchild, stepmother, or stepfather.

5. EMPLOYMENT RECORDS
On or about January 1 of each year, employment records for part-time employees are

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audited. Part-time employees who have not worked during the preceding calendar year will be automatically separated from service unless a prior exception has been recommended by the Department Head and approved by the City Manager.

6. PERFORMANCE EVALUATIONS
Part-time employees who regularly work 30 hours or more per week are to be given a performance evaluation after six months from date of hire and annually thereafter.

Seasonal part-time employees are evaluated at the end of each seasonal appointment prior to the last day of the assignment. Additional evaluations may be conducted at the supervisor’s discretion. Seasonal performance evaluations are conducted on the Camp Leader Evaluation Form.

Supervisors who work with all other casual employees are encouraged to evaluate performance informally on an as-needed basis.

7. HOLIDAY CLOSURES
The City Manager may designate up to five (5) specific work days in each calendar year between Christmas Day and New Year’s Day during which employees may be required to take time off without pay.

CITY OF SAN CARLOS
Dated:

By:

Jeff Maltbie, City Manager

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CITY OF SAN CARLOS
PART-TIME EMPLOYEE GROUP Salary and Benefit Resolution
Appendix A
Actual salary may be at or below this maximum at the discretion of the City Manager Effective January 1, 2024
Classification Step 1 Step 2 Step 3 Step 4 Step 5

HOURLY RATE
Facility Attendant $18.77 $19.72 $20.71 $21.74 $22.83
Intern $21.00 $22.05 $23.15 $24.31 $25.53
Program Coordinator $25.64 $26.92 $28.28 $29.68 $31.17
Recreation Leader I $18.23 $19.13
Recreation Leader II $20.10 $21.09 $22.16 $23.26 $24.42 Effective January 13, 2025
Classification Step 1 Step 2 Step 3 Step 4 Step 5

HOURLY RATE
Facility Attendant $19.34 $20.31 $21.33 $22.39 $23.51
Intern $21.63 $22.71 $23.85 $25.04 $26.29
Program Coordinator $26.41 $27.73 $29.12 $30.57 $32.11
Recreation Leader I $18.77 $19.70
Recreation Leader II $20.70 $21.73 $22.82 $23.96 $25.16 Effective January 12, 2026
Classification Step 1 Step 2 Step 3 Step 4 Step 5

HOURLY RATE
Facility Attendant $19.92 $20.92 $21.97 $23.06 $24.22
Intern $22.28 $23.39 $24.56 $25.79 $27.08
Program Coordinator $27.20 $28.56 $30.00 $31.49 $33.07
Recreation Leader I $19.34 $20.30
Recreation Leader II $21.32 $22.38 $23.50 $24.67 $25.91

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 8, 2024
ITEM TITLE: Consideration of Introducing an Ordinance Amending and Replacing San Carlos Municipal Code Chapter 6.04 - Animal Control, to Align with Chapter 6.04 - Animal Control of Title 6 of the San Mateo County Ordinance Code to Clarify Existing Definitions, Enact Additional Requirements for Animal Control, and Revise the Fees for Animal Control Services.

RECOMMENDATION:

The City Attorney’s Office recommends that the City Council introduce an Ordinance of the City of San Carlos (“City”) amending and replacing San Carlos Municipal Code Chapter 6.04 - Animal Control, to align with Chapter 6.04 - Animal Control of Title 6 of the San Mateo County Ordinance Code to clarify existing definitions, enact additional requirements for animal control, and revise the fees for animal control services.

FISCAL IMPLICATIONS:

There are no fiscal implications associated with this recommendation.

BACKGROUND:

The County of San Mateo’s (“County”) animal control Ordinance was originally adopted on October 23, 1951. Chapter 6.04 of the San Mateo County Ordinance Code contains regulations regarding animal control in unincorporated San Mateo County. The animal control regulations are in place to protect the health and safety of County residents.

Twenty cities within the County, including the City, have adopted animal control Ordinances that are the same or substantially the same as the County’s Ordinance, as required by the animal control services agreement between the cities and the County, which provides for services through a contract with the Peninsula Humane Society.

The City of San Carlos last amended language and additions to Chapter 6.04 of the San Carlos Municipal Code - Animal Control in 2015, with several prior updates throughout the years.

There is some minor cleanup to the Ordinance to address permits and regulation to prevent attraction of unwanted rodents, insects, or other vectors, and to add bee hives for permits, consistent with our existing policies.

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ANALYSIS:

Summarized below are key changes and provisions of the proposed Ordinance updating Chapter

6.04:
Updates existing definitions to improve enforcement capabilities and remove potential areas of confusion, particularly as relates to “Dangerous” and “Vicious” animal designations within the County.
Lowers the rabies vaccination age requirement as consistent with current state law. Updates language and enforcement regarding “Vicious” animals. An animal designated as “Vicious” is, in many circumstances, to be humanely euthanized. The proposed code raises the threshold for when an animal may be declared “Vicious” (and thus is to be euthanized) as is consistent with current standards and practical enforcement. For offending animals deemed a significant danger to the public, a “Vicious” animal designation is still applicable.
Updates language and enforcement regarding “Dangerous” animals. An animal designated as “Dangerous” is one which has exhibited behavior which indicates that heightened safety requirements for the keeping of such animal are required to ensure public protection. The proposed revised Chapter 6.04 revises and clarifies the threshold for when an animal may be designated as “Dangerous.” Currently, a “Dangerous” animal designation remains for the life of the animal; under the proposed revisions, an owner may apply for the designation to be lifted after a period of three (3) years if it has been safely maintained under the permit, removing the need for County oversight and enforcement.

The Program Manager has found that most animals deemed “Dangerous” (about 90%) do not re-offend, and that the lifting of designations for animals deemed no longer a danger to the public is consistent with other jurisdictions, as well as state recommendations under the California Food and Agriculture Code.
Removes language indicating that an animal owner may not maintain a “Dangerous” animal in a home with a juvenile person under the age of eighteen (18). The committee could not find any other jurisdiction that had this restriction in an Ordinance and is not aware of any instance in which it had improved public safety or in which it was enforceable. Revises and updates the fee schedule and further clarifies the offenses for which administrative citations may be issued for violations of the Chapter. Retains portions of the existing Ordinance with minor changes related to animals in the City of San Carlos beginning with Section 6.04.360
ALTERNATIVES:

The alternatives available to the City Council include:

1. Introduce the proposed Ordinance amending and replacing San Carlos Municipal Code Chapter 6.04 – Animal Control, to align with Chapter 6.04 - Animal Control of Title 6 of the San Mateo County Ordinance Code to clarify existing definitions, enact additional requirements for animal control, and revise the fees for animal control services; or

2. Do not introduce the proposed Ordinance; or

3. Provide staff with alternative direction.

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Respectfully submitted by:

Gregory Rubens, City Attorney
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Proposed Ordinance
Exhibit A to Ordinance – Amended Chapter 6.04 - Animal Control

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ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF SAN CARLOS AMENDING AND REPLACING SAN CARLOS MUNICIPAL CODE CHAPTER 6.04 - ANIMAL CONTROL, TO ALIGN WITH CHAPTER 6.04 - ANIMAL CONTROL OF TITLE 6 OF THE SAN MATEO COUNTY

ORDINANCE CODE TO CLARIFY EXISTING DEFINITIONS, ENACT ADDITIONAL

REQUIREMENTS FOR ANIMAL CONTROL, AND REVISE THE FEES FOR ANIMAL CONTROL SERVICES.

SECTION 1. Findings. The City Council of the City of San Carlos does hereby finds and declares as follows:

WHEREAS, the County of San Mateo’s (“County”) animal control Ordinance was originally adopted on October 23, 1951. Chapter 6.04 of the San Mateo County Ordinance Code contains regulations regarding animal control in unincorporated San Mateo County. The animal control regulations are in place to protect the health and safety of County residents; and WHEREAS, twenty cities within the County, including the City of San Carlos, have adopted animal control Ordinances that are the same or substantially the same as the County’s Ordinances, as required by the animal control services agreement between the cities and the County which provides for services through a contract with the Peninsula Humane Society, which will enable county enforcement of portions of Chapter 6.04 as set forth below; and WHEREAS, the City of San Carlos last amended language and additions to Chapter 6.04 of the San Carlos Municipal Code - Animal Control, in 2015, with several prior updates throughout the years; and
WHEREAS, there is some minor cleanup to the Ordinance to address permits and regulation to prevent attraction of unwanted rodents, insects, or other vectors, and to add bee hives for permits, consistent with our existing policies; and WHEREAS, the Ordinance will update existing definitions to improve enforcement capabilities and remove potential areas of confusion, particularly as relates to “Dangerous” and “Vicious” animal designations within the County; lowers the rabies vaccination age requirement as consistent with current state law; and updates language and enforcement regarding “Dangerous” and “Vicious” animals. Revises and updates the fee schedule and further clarifies the offenses for which administrative citations may be issued for violations of the Chapter. Retains portions of the existing Ordinance with minor changes related to animals in the City of San Carlos beginning with Section 6.04.360.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Carlos as follows:

SECTION 2: Chapter 6.04 of the San Carlos Municipal Code is hereby repealed, and a new Chapter 6.04 to be entitled and numbered as shown in Exhibit A to this Ordinance.

SECTION 3: CEQA. This Ordinance is exempt from additional environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3); under the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the

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activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4: Severability. The City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 5: Publication and Effective Date. This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
* * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on the 8th day of January, 2024 and passed and adopted as an Ordinance of the City Council of the City of San Carlos at a regular meeting thereof held on the ____ day of ____, 2024 by the following vote:

AYES, COUNCILMEMBERS: ____________________________________________________ NOES, COUNCILMEMBERS: ___________________________________________________ ABSENT, COUNCILMEMBERS: _________________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos
Exhibit A: Amendments to San Carlos Municipal Code Chapter 6.04 – Animal Control

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Exhibit A to Ordinance
CHAPTER 6.04 ANIMAL CONTROL

6.04.010 – Definitions
The following words and phrases, when used in this Chapter shall have the meaning set forth below:
"Animal Control Officer" – any Person designated as the Animal Control Program Manager for the County, as well as the head of the County’s animal control contractor and their duly authorized officers or deputies. In the event the County has no animal control contractor to provide animal control officers, or in cases of emergency in which additional animal control officers are needed, “animal control officer(s)” may include Persons so designated by the Animal Control Program Manager.
"Animal Control Program" – that program established by the County and participating cities, and the Program’s animal control contractor(s), if any, which contractor is specifically charged with regulating and enforcing laws dealing with animal control within the participating jurisdictions. Animal Control Program includes the Licensing Program. "Animal Control Program Manager" - that Person employed by the County to oversee the Animal Control Program or designee.
"Animal Control Shelter" - A San Mateo County facility operated by the County, or by another public entity, an accredited, tax-exempt humane non-profit organization contracted with the County, or a for-profit business contracted with the County for the purpose of impounding, sheltering, adopting, or euthanizing seized, stray, distressed, homeless, abandoned, or unwanted animals.
“Caretaker” - any Person 18 years of age, or older, who has assumed responsibility for the care, custody, or control of an animal(s).
"Dangerous Animal" - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, that constitutes a danger to Persons or animals, and/or demonstrates any of the following behavior(s):
(a) behavior that results in bodily harm that is less serious than a “Severe Injury”, or constitutes a substantial threat of bodily harm to a Person; or (b) an attack on another animal which results in an injury that is sufficient to require veterinary care even if not received.

An animal which has been declared by an out of county jurisdiction as "potentially dangerous," "dangerous," "vicious," or any other similar designation, may be deemed a Dangerous or Vicious animal for the purposes of this Chapter, as determined by an Animal Control Officer. “Health Officer” - that Person so designated by the County of San Mateo. “Humane Officer” - any Person who is qualified and appointed pursuant to California Corporations Code Section 14502, and who is an employee of the County and designated as

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such by the County or an employee of a society for prevention of cruelty to animals or humane society that has contracted with the County to provide animal control services. "Licensing Program” - that program within San Mateo County Health, including but not limited to, any County contractor specifically charged with regulating and selling animal licenses in the County of San Mateo.
“Owner" - any Person 18 years of age or older who:
(a) holds the license to the animal; or
(b) if the animal is not licensed, is legally entitled to possession of the animal; or (c) has exercised primary responsibility for the care of the animal for thirty (30) or more consecutive calendar days.
“Person” – means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.
“Severe injury" - Any physical injury to a human caused by an animal attack that involves tooth derived muscle tears, disfiguring wounds or laceration(s), multiple bites requiring sutures, broken bones and/or requires corrective surgery. “Service Animal” - any animal defined as such by federal or state law. "Vicious Animal" - any animal, except a trained animal assisting a peace officer engaged in law enforcement duties, which meets any or all of the following criteria:
(a) Any animal that, at the time of the attack, is already designated as a Dangerous Animal and/or is the subject of a Dangerous Animal Permit, and which is found to have engaged in any of the following:
(1) behavior that results in bodily harm, or constitutes a substantial threat of bodily harm, to a Person; or
(2) an attack on another animal which results in an injury that is sufficient to require veterinary care, whether or not received.
(b) Any animal that inflicts Severe Injury to or kills a Person. (c) Any animal which cannot be safely maintained with a Dangerous Animal permit. (d) Any animal designated by another governmental jurisdiction as, “dangerous”, "vicious", or any other similar designation, if that prior designation is based on behavior which would meet the definition of Vicious under this Chapter, as determined by an Animal Control Officer.

6.04.020 - Animal Control Program.
(a) The Animal Control Program is responsible for the enforcement of this Chapter.

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The duties of the Animal Control Program shall include, but not be limited to, the following:
(1) Provide animal control, sheltering services, and a rabies control program to carry out and enforce all provisions of this Chapter and California Health & Safety Code section 121690, and keep such records as may be required by law or contract.
(2) Enforce the provisions of this Chapter and all applicable state and local laws relating to the care, treatment, and impounding of animals, and specifically to issue citations and to make arrests for violations of the provisions of this Chapter and related state laws, to the extent authorized by law.
(3) Impound animals found to be in violation of this Chapter in the interest of protecting public health and safety.
(4) Investigate animals pursuant to this Chapter or applicable state law and, if deemed appropriate, designate any such animals as Dangerous or Vicious pursuant to this Chapter. Impound animals which are in imminent or ongoing danger, or which are in need of safekeeping in order to protect the health and safety of the animal.
(5) Impound animals that are causing a threat to public safety. (6) Where authorized under the law, to enter upon any premises upon which any animal is kept in order to seize or impound of any animal if reasonable cause exists to believe that such animal is being kept or has behaved in violation of the provisions of this Chapter.
(7) To remove and dispose of the carcass of any animal(s) found on any public right of way, except freeways or other areas maintained by Caltrans.
(8) Quarantine animals under the direction of the County Health Officer to ensure public health and safety.
(9) Euthanize and/or dispose of animal(s) humanely and in accordance with the law.
(10) Place for adoption, when appropriate, properly impounded animals if such animals are not redeemed after due notice to known Owners in accordance with the law.
(11) Provide and hold vaccination clinics in strategic locations throughout the County pursuant to Health and Safety Code 121690.
(12) Provide or make available at low cost, spay/neuter surgeries to dogs, cats, and rabbits.
(13) Provide for issuance of an animal license for a period not to exceed the term of the anti-rabies vaccination, as provided by state law.

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(14) To collect any fees or charges provided for in this Chapter for the licensing, impounding and/or keeping of any animal, or for the enforcement of this Chapter.
(b) Animal Control Officers qualified under Penal Code section 830.9, who are either employees of the County designated as such by the County, or employee(s) of and designated as such by a society for prevention of cruelty to animals or humane society which has contracted with the County to provide animal control services, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants to the maximum extent allowed by law, for violations of state and local animal control laws. Animal Control Officers shall have the authority provided by state law including, but not limited to, that described by Penal Code section 830.9. Animal Control Officers must complete Penal Code section 832 training.
(c) Those employees of a society for prevention of cruelty to animals or humane society under contract with the County to provide animal control services, who have been appointed and qualify as humane officers under California Corporations Code section 14502, or its successor statute, shall have the authority to issue citations and/or notices to appear in court, and obtain and execute search warrants, to the maximum extent allowed by law, for violations of state and local animal control laws.
(d)The County may contract for animal control services to be performed countywide, including within cities, provided agreement is made with the participating jurisdictions.

6.04.030 - Rabies Vaccinations.
(a) Every dog or cat Owner shall ensure their animal is vaccinated for rabies by a licensed veterinarian in the manner prescribed or approved by state law and the State of California Department of Public Health, after the dog or cat attains the age of three (3) months of age and/or within ten (10) calendar days of acquiring an unvaccinated animal. This vaccination shall be obtained prior to issuing a license for the dog or cat. In addition, proof of vaccination shall be provided by the Owner or Veterinarian to the Licensing Program or the County’s animal control contractor.
(b) Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any dog, or cat with rabies vaccine shall certify that such animal has been vaccinated. Every veterinarian shall submit to the licensing authority a copy of the County-approved rabies vaccination form, within ten (10) calendar days of the beginning of each month, for any dog or cat which they vaccinate or direct to be vaccinated with anti-rabies during the previous month. An Animal Control Officer or Animal Licensing staff shall have the right to inspect records of rabies vaccinations during normal business hours.
(c) Upon receipt of a written request from a licensed veterinarian to exempt a microchipped pet from receiving a one or three-year vaccination, for medical reasons, the County Health Officer and/or designee shall review the basis for the request for exemption and approve or/deny said request.

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6.04.040 - Dog and Cat Licenses.
(a) Licensing requirements for dogs and cats shall be as follows:
(1) An annual license shall be obtained, and an annual license fee shall be paid by the Owner for every dog or cat over the age of three (3) months owned or kept in unincorporated San Mateo County, and all cities within the County which adopt this Chapter. Said annual license fee shall be first due when the animal reaches three (3) months of age or within sixty (60) calendar days after the dog or cat is acquired, and due on the expiration date of the rabies vaccination and each year thereafter.
(2) New residents shall have sixty (60) calendar days in which to acquire such license.
(3) Persons renewing their license shall have thirty (30) calendar days following their due date before being found delinquent and assessed a late penalty. (4) The fee for such license shall be as set forth in section 6.04.350 of this Chapter. The fee paid for the licensing of altered dogs and cats shall be less than said license fee for unaltered cats or dogs upon presentation of the proper certification. The license fee paid by Persons over the age of 60 shall be at a discount.
(5) An Owner may obtain a three-year license for a cat or dog by submitting to the Licensing Program adequate proof of a three-year rabies vaccination of the animal to be licensed and payment of the applicable fees, as set forth in section 6.04.350 of this code.
(6) Any Person who fails to pay such license fee after said fee is due or said dog or cat is required to be licensed, in addition to paying any past due license fee(s), may also be required to pay a late fee in accordance with Section 6.04.350 of this Chapter or may receive an administrative citation. (7) A license shall be obtained, but no license fee shall be payable, by the Owner of any dog being raised, trained or used as a service animal, or for dogs that have served as a member of the armed forces of the United States of America, or any dog used by a local law enforcement agency for the purposes of law enforcement.
(8) Animals with microchip implants or other permanent identification acceptable to the Animal Control Program are not exempt from the mandatory licensing requirements.
(b) The licensing provisions in this Chapter are not applicable to the following:
(9) Dogs or cats used for diagnostic purposes or research, the use having been approved by the California State Department of Health Services pursuant to section 1666 of the Health and Safety Code.
(10) Dogs or cats used for teaching purposes in recognized educational institutions.

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(11) Dogs or cats owned by veterinarians licensed by the State and kept on the premises used by said veterinarians in their practice.
(c) Tags for dogs and cats shall be issued as follows:
(1) The Licensing Program shall procure and, when licensing fee is paid, issue a lifetime tag which shall bear the number of the license. A record shall be kept with the name of the Owner together with a description of the dog or cat for which the license is issued and the number of the license, and a tag shall be provided to such Person upon payment for such license as provided by this Chapter.
(2) Whenever a tag has been lost or stolen, the Owner of the animal may request a duplicate tag upon payment of the required fee. (3) The Owner of a licensed dog or cat shall affix such tag to a suitable collar, which collar shall remain on the dog or cat at all times. (4) When an animal has been designated as a service animal, the Owner may obtain a lifetime service tag and shall be required to follow the requirements in Section 6.04.030 (a). Said tag will replace a regular dog license. (5) The owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold, adopted, or given away shall keep a permanent record of the name, address, and phone number of the purchaser of any dog or cat, along with the breed, color, sex, and age of each animal sold, adopted, or given away and shall forward such information to Animal Control Services within thirty (30) calendar days thereafter. An Animal Control Officer, County representative, or employee of the County’s animal control contractor shall have the right to inspect such records during normal business hours, with forty-eight (48) hours prior notice to the Owner or operator.

6.04.050 - Public Protection from Dogs.
(a) No Owner or possessor of a dog shall cause or allow such dog to bite, or physically threaten or harass any Person unless necessary to protect the physical safety of a Person.
(b) Every Owner or possessor of a dog shall prevent such dog from causing injury to another animal while such animal is lawfully upon public or private property.

The failure of the owner of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack. (c) No Owner or possessor of a dog shall command or provoke such dog to attack, sic or threaten a Person unless such action is necessary to protect the physical safety of a Person.
(d) No Owner or possessor of a dog that resides in another county and is found to have violated this section shall thereafter allow such dog to be brought into San Mateo County unless the dog is fully enclosed in a vehicle and passing through

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to another location without stopping at any public or private premises within the County.

6.04.060 - Prohibited Conduct.

No Owner or other Person having care, custody or control of any animal shall cause or permit it to do any of following:
(a) To be upon any public street, sidewalk, park, school ground, any public property, or upon any unenclosed premises in this jurisdiction unless:
(1) the animal is properly licensed, if such licensing is necessary hereunder, and
(2) the animal is controlled by a chain, lead rope, or leash, which is connected to the animal’s collar, saddle, harness, or halter. This requirement is not applicable to cats, or to service animals under the complete control of the Owner or Caretaker.

An electric or invisible fence does not constitute an enclosure for the purposes of this requirement.
(b) To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property, or to habitually continue to trespass thereon.
(c) To suffer or permit such animal to habitually bark or meow or otherwise act to disturb the peace of any citizen or to be a public nuisance. (d) To be without proper and adequate food, water, shelter, care, and attention. (e) No Person shall possess within San Mateo County any animal designated by another jurisdiction as “potentially dangerous”, “dangerous”, or “vicious,” or other designation based on the animal’s potential danger to humans and/or animals, without previously notifying Animal Control and receiving express written permission from the Animal Control Program Manager for the animal’s presence or residence in San Mateo County. A failure to receive prior permission is in itself a sufficient basis for an Animal Control Officer or peace officer to seize and impound such animal.

6.04.070 - Protection of Animals in Motor Vehicles.
(a) No Person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of said animal due to heat, cold, lack of adequate ventilation, lack of water, or other circumstances that could reasonably be expected to cause suffering, disability, or death of said animal. (b) An Animal Control Officer, Humane Officer or peace officer may remove an animal from a motor vehicle if the animal’s safety reasonably appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of water, or

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other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. An Animal Control Officer, Humane Officer or peace officer is authorized to take all steps that are necessary for the removal of such animal from the motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort has been made to locate the Owner or other Person responsible.
(c) If an animal is removed from a motor vehicle as set forth herein, the removing officer shall, if deemed necessary by the officer, take it to an animal shelter, veterinary hospital, or other place of safekeeping.
(d) An Animal Control Officer or peace officer who removes an animal from a motor vehicle shall, in a conspicuous location on or within the motor vehicle, leave written notice bearing their name and office, and the address of the location where the animal can be claimed. The animal may be released to the Owner only after payment of all fees that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.
(e) Nothing in this section shall preclude prosecution under both this section and California Penal Code Section 597 or any other provision of state or local law.

6.04.080 - Release from Confinement.

No Person other than the Owner, or Person authorized by the Owner of the animal shall release any animal from any confinement, vehicle, or restraint unless such release is necessary for the immediate health and safety of the animal. This section shall not apply to Animal Control Officers, Humane Officers, and/or peace officers.

6.04.090 - Declaration of Dangerous Animal.
(a) No Person shall knowingly keep, have, maintain, sell, trade, or let for hire an animal designated as Dangerous under this Chapter without obtaining a Dangerous Animal Permit from the Animal Control Officer. The animal Owner shall comply with all conditions of the Dangerous Animal Permit including, but not limited to, all requirements of section 6.04.100 of this Chapter. Any animal which is determined to be Dangerous under this Chapter and for which a permit has not been obtained shall be surrendered to an Animal Control Officer, Peace Officer, or a County animal control contractor agency for appropriate disposition, which may include humane euthanasia.
(b) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer may consider any relevant facts and circumstances, including but not limited to:
(1) the alleged attacking animal’s prior history.
(2) the alleged attacking animal’s Owner(s) ability to comply with this Chapter, and/or compliance with any prior Dangerous Animal Permits held by the alleged attacking animal’s Owner(s).
(3) whether any of the animals involved were previously deemed by a governmental jurisdiction as “potentially dangerous, “dangerous”, “vicious” or any other similar designation.

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(c) In determining whether or not an animal shall be designated as Dangerous, the Animal Control Officer, peace officer, or hearing officer, may consider the following mitigating factors:
(1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack or molestation:
(i) provoked, tormented, teased, abused or assaulted the animal, thereby causing or contributing to the alleged behavior; (ii) committed a willful trespass or other tort upon the private property of the Owner or Caretaker of the animal in the presence of the animal;
(iii) threatened or committed an unjustified attack or assault against the Owner, Caretaker or other Person in control of the animal in the presence of the animal
(2) Any other mitigating factor relevant to whether the animal poses a threat to public health or safety. The failure of the Owner or Person in control of a victim animal to have the victim animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(d) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as a Dangerous Animal, as long as sufficient evidence exists to support the designation.
(e) In the event that an Animal Control Officer or peace officer determines it necessary to protect the health or safety of the public, or of any animal, they may immediately impound any animal according to the procedures set forth in this Chapter.
(f) If an Animal Control Officer or peace officer has investigated and determined that an animal is Dangerous, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal pursuant to section 6.04.260.
(g) Should the Owner of the animal wish to contest the Dangerous Animal designation, the Owner may request a hearing, which hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Dangerous Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared dangerous.
(1) Should the animal Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Dangerous Animal designation will be final, and the animal Owner shall obtain a Dangerous Animal permit within seven (7) calendar days of the written notification that the animal has been declared Dangerous.

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(2) If the animal Owner requested a hearing and the hearing officer confirms the determination that the animal is Dangerous, the Owner must obtain the Dangerous Animal permit and meet the conditions required by such permit, within seven (7) calendar days of notice of such decision, unless the time is extended by an Animal Control Officer.
(3) If an animal is designated as Dangerous, but the Owner fails to obtain a Dangerous Animal Permit within the required timeframe, the animal will be deemed abandoned, and will be subject to disposition as deemed appropriate, including potential euthanasia by the County’s animal control contractor, at the discretion of the Animal Control Officer, peace officer or City or County representative. If not already impounded, the animal will be promptly impounded. The Owner of the animal shall be responsible for all costs of impoundment of the animal incurred prior to such abandonment. (h) If after investigation by an Animal Control Officer or peace officer, that officer determines that the animal is not Dangerous, the victim or an Owner of a victim animal may appeal that determination, within seven (7) calendar days of notice of the decision given pursuant to section 6.04.260, by submitting to the Animal Control Officer or peace officer a written request for a hearing and paying the required fee. The Animal Control Officer or peace officer shall prepare a written report documenting its reasons for determining the animal not Dangerous and shall include evidence it has considered for and against the designation in its report. The hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter.
(i) No animal designated by the County as a Dangerous Animal may be transferred to a new place of residence or to a new Owner or Caretaker without prior written approval of the Animal Control Program Manager. Prior to the relocation, a written request for the relocation must be delivered to the Animal Control Program Manager and the County’s animal control contractor, if any, at least 30 calendar days prior to the relocation.
(j) If an Animal Control Officer declares an animal as Dangerous which has already been declared Potentially Dangerous or Dangerous by another jurisdiction located outside of the County of San Mateo, the Owner of such animal must obtain and comply with a Dangerous Animal Permit at least seven (7) calendar days prior to moving the animal into the County. The animal shall not reside in the County of San Mateo until the Dangerous Animal Permit has been issued by the Animal Control Program and the Owner meets the conditions of said permit. (k) A permit issued under this section is subject to renewal annually. An annual inspection of the location where the animal resides will be performed by an Animal Control Officer. Inspections may occur at any reasonable hour and will occur at least annually. The fee for such permit and inspection shall be as set forth in section 6.04.350 of this Chapter. Fees shall not be refundable. If the registered Owner fails to pay the permit fee and/or comply with the requirements of the permit within ten (10) calendar days of the annual inspection date, the permit may be revoked and the animal may be impounded for appropriate disposition, as determined by an Animal Control Officer, peace officer, County contracted agency or City designee, including humane euthanasia.

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(l) A Dangerous Animal designation is a designation that remains with that animal for its lifetime, unless terminated as provided by this subsection. A Dangerous Animal designation may be terminated if all of the following criteria have been met, as determined by an Animal Control Officer or peace officer and the Animal Control Program Manager and/or City designee:
(1) The Owner has complied with all Dangerous Animal Permit requirements for a period of three (3) years and the animal has not been found to have committed any violations of the requirements of the permit, or of this Chapter, or any other applicable animal control laws, for the duration of that period.
(2) The animal has remained current on all rabies or similar required vaccinations and has remained current on its licensing and paid all fees for the duration of the three (3) year period.

If an animal Owner disputes a finding that the Dangerous Animal designation will not be terminated, the animal Owner may request an administrative hearing to be held according to the procedures set forth in section 6.04.150 of this Chapter.

6.04.100 - Dangerous Animal Permit Requirements.
(a) Any Owner of a Dangerous Animal shall ensure compliance with the following rules and regulations which shall be mandatory requirements for any Dangerous Animal Permit:
(1) When the animal is off the property of its Owner, ensure that the animal is not kept upon any unenclosed premise unless said animal is leashed and muzzled with a cage or basket muzzle, or any other muzzle approved by the Animal Control Officer. The leash shall not exceed four (4) feet in length and having a minimum tensile strength of 300 pounds and shall be under the direct control and supervision of the Owner or a Person of such age, size, and strength as can easily control such animal. Extraordinary care shall be taken by the Owner and/or Caretaker to ensure that such restraint is sufficient to control the animal in a manner which it will not endanger other Persons or animals.
(2) Ensure said animal is never kept on any unenclosed premises even if tethered, tied or staked.
(3) Ensure said animal is kept in a fenced yard, kennel, dog run or other enclosure, sufficient to prevent the escape of the animal or entry of young children, as approved by the Animal Control Officer or peace officer. An electric or invisible fence is not an acceptable means of enclosure for the purpose of this requirement.
(4) Maintain the animal so that it is not a threat to any mail carrier, sanitation worker, meter Person, or other Person who has the lawful right to enter the property.
(5) Ensure that all structures used to confine the animals are locked with a key

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or combination lock when such animals are within the fenced yard, kennel, run or enclosure.
(6) Regularly inspect the fenced yard, kennel, dog run or enclosure to ensure that it is secure to maintain the animal and keep young children out. (7) Allow inspections by any Animal Control Officer or peace officer at any reasonable hour of the premises or premises upon which the animal is maintained.
(8) Pay permit and property inspection fees as set forth in section 6.04.350 of this Chapter within (10) ten calendar days of the permit issuance or renewal.
(9) Obtain and post approved sign(s) from the Animal Control Program after payment of a non-refundable fee as set forth in Section 6.04.350 of this Chapter. Sign(s) shall be conspicuously posted in a manner visible to the public at all entrances to the property where the animal is kept, warning Persons of the presence of a Dangerous Animal as directed by the Animal Control Officer or peace officer. Such sign(s) must be surrendered in the event of the revocation of the permit, death of animal, or approved relocation of the animal.
(10) Advise all members who reside in the same household and on the same premises of the conditions established by the permit for keeping or maintaining said Dangerous Animal.
(11) Ensure said animal wears, at all times, a separate Dangerous Animal tag issued by the Animal Control Program in addition to complying with license requirements as defined in Section 6.04.040 of this Chapter. (12) Ensure said animal be microchipped and inform the Animal Control Officer with the microchip number within thirty (30) calendar days from the date the Dangerous Animal Permit was issued.
(13) Within forty-five (45) calendar days from the date the Dangerous Animal Permit was issued, unless this period is extended by the Animal Control Program Manager or city representative at their sole discretion, said animal shall be spayed or neutered by a California licensed veterinarian, at Owner expense, and within those forty-five (45) days, the Owner shall also present written proof to the Animal Control Officer that the surgery was performed.

In the event an animal cannot be safely altered, due to a medical reason, the Owner shall present the Animal Control Program Manager and Animal Control Officer with a written request from a California licensed Veterinarian stating the medical reason(s) that the animal should not be altered. The County Health Officer or designee will approve or deny the request. If said request is denied, the animal shall be altered by a California licensed Veterinarian within fifteen (15) calendar days from the date of notification that the request was not approved, and within those fifteen (15) calendars days provide such written proof to the Animal Control Officer that the surgery was performed.

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(14) Notify an Animal Control Officer and the Animal Control Program Manager of the animal's death within twenty-four (24) hours and produce the animal's body for verification upon request.
(15) Notify an Animal Control Officer and the Animal Control Program Manager immediately in the event the animal becomes lost, stolen, or escapes from its fenced yard, kennel run, or enclosure.
(16) Pay all reoccurring of additional fees within ten (10) calendar days of service of the invoice or annual permit. Non-payment of fee may result in the permit being revoked unless a payment plan has been approved by the County or City.
(17) Comply with all other permit conditions or requirements imposed by an Animal Control Officer, peace officer, or hearing officer pursuant to this Chapter.
(18) Comply with all local and state laws regarding the care, use, control, and maintenance of animals.
(b) Any Owner of a Dangerous Animal shall ensure compliance with the following additional requirements, if directed to do so by an Animal Control Officer, peace officer and/or hearing officer:
(1) Prove financial responsibility by posting a bond or certificate of insurance for an amount of three hundred thousand dollars ($300,000) per animal within thirty (30) calendar days from the date of the Dangerous designation. Bond or certificate of insurance will be provided to the Animal Control Program Manager annually prior to expiration of said bond or certificate. (2) Provide private behavioral and obedience training to the animal, at the Owner’s expense and within the time set forth by the hearing officer or an Animal Control Officer following the issuance of a Dangerous Animal Permit. Proof of participation, a report of behavioral assessment, and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by an Animal Control Officer shall be provided to the Animal Control Officer and Program Manager of Animal Control within seven (7) calendar days following the completion of the mandatory training, but not more than ninety (90) calendar days from the date of the Dangerous designation.
(3) Comply with any other permit requirements determined to be reasonably necessary to protect the public’s health or safety and/or the health or safety of other animals.
(c) No more than two Dangerous Animals may be kept by any Person(s) at any one household, residence, business, or other location, without prior written approval of the designee of the appropriate jurisdiction.

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6.04.110 - Revocation or Modification of Dangerous Animal Permit. (a) Any Dangerous Animal permit issued pursuant to this Chapter may be revoked or modified by the inclusion of additional requirements or otherwise, if the Animal Control Officer or peace officer has reasonable cause to believe any of the following to be true:
(1) The dangerous animal Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any local or state laws relating to the keeping, care or use of any animals.
(2) The Owner or any Person to whom the Owner has given care, custody, or control of the animal has violated any dangerous animal permit conditions, or any requirement imposed by the Animal Control Officer, peace officer, or hearing officer.
(3) The Owner or any Person to whom the Owner has given care, custody, or control changed the location of his/her residence or his/her place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the animal for which the permit was issued without first notifying an Animal Control Officer as outlined in Section 6.04.090 (4) The Owner or any Person to whom the Owner has given care, custody or control of the animal has changed the residence or premises where the animal is maintained without first complying with the guidelines set forth in Section 6.04.090
(5) The Owner or any Person to whom the Owner has given care, custody, or control of the animal is unable or unwilling to comply with the conditions of the dangerous animal permit.
(b)In the event that it is reasonably necessary to protect the public or an animal’s health and safety, the Animal Control Officer or peace officer may impound or cause to be impounded the animal while an investigation is taking place. (c) If, after investigation, the Animal Control Officer or peace officer concludes that there is probable cause to believe that one or more of the above conditions for revocation or modification of the permit has occurred, the officer shall deliver written notice of revocation or modification to the Owner. Said notice shall specify the grounds of revocation or modification of the permit. Should the Owner of the animal wish to contest the revocation or modification of the permit, the Owner may request an administrative hearing to be held before a hearing officer, as designated by the Animal Control Program Manager, within seven (7) calendar days of receiving the notice of revocation. Said administrative hearing date shall be not less than seven (7) calendar days or no more than (20) twenty calendar days after the date the request for hearing is received by the Animal Control Program Manager. The administrative hearing shall be conducted as set forth in section 6.04.150 of this chapter. The hearing officer conducting the hearing may either modify the terms of the permit or revoke the permit.

Any party to the hearing has the right to appeal the administrative hearing

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decision to the County of San Mateo Superior Court by filing a Petition for a Writ of Administrative Mandate pursuant to California Code of Civil Procedure, Section 1094.5 and 1094.6.
(d) Upon written notice by the Animal Control Officer, peace officer, or hearing officer, if a hearing was held, if any modifications to a dangerous animal permit are made, the Owner shall immediately comply with such modified permit requirements.
(e) Upon written notice from an Animal Control Officer, peace officer or hearing officer of the revocation of a Dangerous Animal permit, the Owner of such animal shall within two (2) calendar days of such notification, surrender said animal to an Animal Control Officer. The Dangerous Animal shall be impounded and humanely euthanized unless the County designee or City designee has approved a different disposition. At the sole discretion of the appropriate City or County representative, such animal may be permanently removed from the County of San Mateo to another jurisdiction with written approval from that jurisdiction.

6.04.120 - Possession of Animals After Revocation of Dangerous Animal Permit.

No Person who has been determined to be in possession of or had Ownership of a Dangerous Animal for which a permit has been revoked under this chapter shall be granted any Dangerous Animal permit for a period of three years following such determination or revocation.

6.04.130 - Declaration of Vicious Animals.
(a) No Person shall keep, have, maintain, sell, trade, or let for hire an animal which has been designated as Vicious under the provisions of this Chapter. (b) If an Animal Control Officer and/or peace officer has investigated and determined that an animal is Vicious, the Animal Control Officer or peace officer shall deliver written notice of such determination to the Owner of the animal. Service of notice shall be made in accordance with section 6.40.260 subdivision (a) of this Chapter. An Animal Control Officer and/or Peace Officer shall immediately impound the animal, or cause to be impounded, the animal according to the procedures set forth in Section 6.04.160 of this Chapter. The animal shall be deemed abandoned and shall be humanely euthanized unless the County designee or City designee has approved a different disposition or unless the Owner timely requests an administrative hearing.
(c) In determining whether an animal shall be designated Vicious, in addition to any other facts and circumstances of the incident(s), the applicable decision-maker may consider the following potentially mitigating factors. (1) Whether at the time of the injury, attack or molestation, the Person or animal suffering the injury, attack, or molestation:
(i) provoked, tormented, teased, abused, or assaulted the animal, thereby causing or contributing to the alleged behavior (ii) committed a willful trespass or other tort upon the private property of

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the Owner or Caretaker of the animal; and/or
(iii) threatened or committed an unjustified attack or assault against the Owner, Caretaker, or other Person in control of the charged animal.

The failure of the Owner or other Person in control of a victim animal to have the animal on a leash shall not, in itself, constitute a mitigating factor in any attack.
(2) Whether the Owner is willing and able to comply with the conditions of a Dangerous Animal permit, and whether the animal can be safely maintained on a Dangerous Animal permit considering the nature of the attack and cooperativeness and abilities of the Owner.
(d) The decision-maker may also consider, among any other relevant facts and circumstances, the following factors:
(1) whether any of the animals involved were previously deemed by any governmental jurisdiction as, "dangerous", "vicious", or any other similar designation, and/or the animal Owner’s prior compliance or lack thereof with any applicable dangerous animal permit requirements or this Chapter; (2) the attacking animal’s history of attacks, bites or threatening behavior; (3) whether the animal demonstrated such aggressive behavior that it is reasonable to conclude that the animal cannot be safely maintained with a Dangerous Animal permit; and
(4) whether the Owner is unable or unwilling to comply with the conditions of a Dangerous Animal permit.
(e) Should the Owner of the animal wish to contest the Vicious Animal designation, the Owner may request an administrative hearing to be conducted according to the procedures set forth in section 6.04.150 of this Chapter. The Owner shall submit a written request for a Vicious Animal hearing to the Animal Control Officer within seven (7) calendar days of the written notification by the Animal Control Officer and/or peace officer that the animal has been declared Vicious. (f) Should the Owner not submit a request for an administrative hearing within the required timeframe, the administrative hearing process shall be deemed waived, the Vicious Animal designation will be considered final for purposes of exhaustion of administrative remedies, and the animal will be subject to disposition by the Animal Control Officer, peace officer, or City or County designee. The Owner shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. (g) The unwillingness of a victim or a particular witness to testify at a hearing shall not prevent designation of an animal as Vicious as long as sufficient evidence exists to support the designation.

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(h) If after investigation, an Animal Control Officer and/or peace officer determines that the animal is not Vicious, the Officer will prepare a written decision upon request by any victim suffering physical injury or an Owner of a victim animal, either of whom may appeal that determination. Any victim suffering physical injury as a result of the attack, or Owner of a victim animal, may appeal the determination that an animal is not Vicious by submitting, within seven (7) calendar days of the service of the decision pursuant to section 6.04.260, a written request to the Animal Control Officer for an administrative hearing and paying the required fee as set forth in Section 6.04.350 of this Chapter. The administrative hearing shall be conducted according to the procedures set forth in section 6.04.150 of this Chapter.

6.04.140 - Providing False Information.

It shall be unlawful for a Person to willfully and knowingly provide false or misleading information to Animal Control Program staff, including but not limited to an Animal Control Officer, Peace Officer, Animal Control Program Manager, and/or Hearing Officer regarding animal Ownership, licensing, rabies vaccination, medical treatment and condition, and/or any other matter pertaining to the enforcement of state or local law.

6.04.150 - Administrative Hearing Procedures.
(a) Administrative hearings held under this Chapter shall be conducted by a hearing officer or designated representative appointed by the Director or designee of the San Mateo County Health. Any city contracting with the County for animal control services may elect to utilize the services of any San Mateo County designated hearing officer to conduct hearings on behalf of the city pursuant to that city's animal control ordinances. The hearings shall be scheduled no less than seven (7) calendar days and no more than fifteen (15) calendar days from the receipt of the request for the hearing unless the hearing officer finds good cause for continuance.
(b) The Animal Control Officer or peace officer conducting the investigation shall provide their investigation report and any evidence gathered by the officer to the Animal Control Program Manager or designee no less than 72 hours prior to said administrative hearing. The Animal Control Program Manager or designee will promptly provide the report to the parties to the case, including the Owner of the subject dog and the Owner of the victim dog.
(c) The administrative hearing shall be conducted in an informal manner consistent with due process of law. Any party may be represented by counsel. The parties may present relevant evidence including witnesses. The strict rules of evidence shall not be applicable. Any relevant evidence, including but not limited to hearsay evidence, may be admitted if it is the sort of evidence on which reasonable Persons are accustomed to rely on in the conduct of serious affairs.

The hearing officer shall decide the matter based on preponderance of the evidence presented at the hearing. The administrative hearing shall be recorded, and all documentary evidence submitted at the administrative hearing shall be preserved by the Animal Control Program Manager for a period of no less than two years. Any party may arrange for a court reporter to be present. Any party

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desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs.
(d) The hearing officer may exclude disorderly or disruptive Persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the administrative hearing.
(e) The hearing officer may decide all issues for or against the Owner(s) of the involved animal(s) even if the Owner(s) fail to appear at the hearing. (f) Within seven (7) calendar days of the administrative hearing, the hearing officer shall render a written decision, which shall be final for the purposes of exhaustion of administrative remedies upon the date of mailing. The Animal Control Program Manager or designee shall mail the written decision and affidavit/certificate of mailing showing the date of mailing, on behalf of the hearing officer, by first class mail, postage prepaid. The decision will be mailed to the Owner of the alleged Dangerous or Vicious Animal, the victim or Owner of the victim animal, and the investigating Animal Control Officer or peace officer.
(g) If the animal is designated Dangerous, the Owner must apply for and obtain a Dangerous Animal permit as provided by this Chapter within seven (7) calendar days of the decision letter in order to maintain the animal and the Owner must comply with all mandatory Dangerous Animal permit rules and regulations as defined in section 6.04.120 of this Chapter. A hearing officer may impose additional permit requirements as set forth in this Chapter. (h) If the animal is designated Vicious, the Owner of such animal shall lose all rights of Ownership and control of the animal, and the animal will be subject to humane euthanasia, unless another disposition is deemed appropriate by a City and/or County designee, without further notice to the Owner. An animal designated as Vicious will be held at the animal shelter for a minimum of seven (7) calendar days from the date of the hearing officer's decision, prior to any proposed euthanasia.
(i) Unless the hearing officer for good cause otherwise determines, the party requesting the administrative hearing is liable for all costs related to such hearing.

A determination by the hearing officer that the animal is not dangerous or vicious shall constitute good cause.
(j) Hearing officer decisions are appealable to the San Mateo County Superior Court by filing a Petition for Writ of Administrative Mandate pursuant to California Code of Civil Procedure, Section 1094.5 and 1094.6.
(k) The procedures and/or definitions pertaining to potentially dangerous and vicious dogs set forth in the California Food and Agricultural Code Chapter 9, beginning with section 31601, are not adopted and do not apply within San Mateo County.

As authorized by Food and Agricultural Code section 31683, the County has adopted its own program for regulation of dangerous and vicious dogs as contained in this Chapter.

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6.04.160 - Animals to Be Impounded.
(a) The Animal Control Program may impound any animal kept or found under conditions that constitute a violation of this Chapter or other state or local law.

The animal's Owner shall be responsible for all costs incurred or fees applicable with respect to such impoundment and maintenance in the shelter. (b) An Animal Control Officer or peace officer may impound or cause to be impounded an animal when there is reasonable cause to believe that such animal posed, or poses, a threat to the public’s health and safety, or the health and safety of another animal. The animal may remain impounded for a period not to exceed fifteen (15) calendar days in order to investigate, and to determine whether or not said animal is Dangerous or Vicious as defined by this Chapter. In calculating the fifteen (15) calendar days, the first day of impoundment is not included. If an animal is not impounded within fifteen (15) calendar days after an investigation began, the Animal Control Officer or peace officer shall make a determination whether or not the animal is Vicious or Dangerous and shall notify the Owner of said animal as soon as reasonably practical thereafter. (c) Within twenty-four (24) hours of the impoundment of any animal, the impounding Animal Control Officer shall serve the Owner of the animal with notice of the impoundment.
(d) No impounded animal may be redeemed unless and until any required license fee and/or other applicable charges and fees have been paid. In the event such animal is not redeemed within the time set forth by State law, it shall be deemed abandoned and may be adopted, transferred to a rescue, or disposed of in the manner determined by the Animal Control Program. The Animal Control Program shall issue to the Owner or Person responsible of the care, custody, and control of said animal a receipt showing an itemized description and the amount of the fee(s) paid.
(e) The Animal Control Program shall keep a record of all animals impounded, which record shall include a description of the animal, the date of its receipt, the date and manner of disposal, the name of the Person redeeming, adopting, or purchasing, the fees, and/or charges related to the animal. Said records shall be kept for a period of seven (7) years.

6.04.170 - Stray Animals.

Any Person who finds or picks up a stray or lost animal shall report the same to the Animal Control Shelter within twenty-four hours thereafter and shall release such animal to the Animal Control Shelter upon demand.

6.04.180 - Epidemics.

The San Mateo County Health Officer may determine and declare that rabies or other contagious diseases are epidemic or that other health and safety hazards exist among dogs or other animals within the County. Upon the making of such a declaration, the Health Officer shall prepare and promulgate such orders, rules, and regulations as are necessary for appropriate

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control of all the animals concerned within the County. Said rules and regulations of the Health Officer may include, but are not limited to, impoundment, quarantine, vaccination, or destruction.

It shall be the duty of the Animal Control Officers to assist the Health Officer in carrying out such rules and regulations

6.04.190 - Bite Reporting Requirements.
(a) Any Owner or other Person who is responsible for the care, custody, or control of an animal that bites a human or other animal shall provide their name and current residence address and telephone number and shall present their driver's license or other form of identification and any information regarding any rabies vaccination for the biting animal to the Person bitten or the Owner of the animal bitten. If the Person bitten is a minor, the Owner or Person in control of the biting animal shall provide the required information to the parent or guardian of the minor.
(b) In addition to the above requirements, it shall be the duty of any Person having knowledge of any animal which has bitten a human being or other animal within the County to immediately, in no case later than the end of the next calendar day, report the bite to an Animal Control Officer or peace officer and to furnish as much information as possible, including date, time and location of bite, description of animal or Person bitten, name and license number of the biting animal, and rabies vaccination history of the biting animal.

6.04.200 - Administrative Citations.
(a) Should an Animal Control Officer, Humane Officer or peace officer determine that a Person has violated any provision this Chapter, that enforcement officer shall have authority to issue and serve notice of an administrative citation as set forth in section 6.04.260, to the Person violating the Chapter. (b) Each administrative citation shall contain the following information:
(1) The name and address of the Owner or other Person to be cited. (2) The date(s) of the violation.
(3) The address or a specific description of the location where the violation occurred.
(4) The section, subsection, and/or provision of this Chapter violated by the Person cited and a description of that violation.
(5) A prohibition of the continuation or repetition of the violation described in the administrative citation.
(6) If applicable a description of the potential consequence(s) should the violation continue or be repeated.
(7) Either:

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(i) The amount of the administrative fine charged and to be paid by the Person cited as a result of the violation; or
(ii) A notice to correct a certain violation within a reasonable time, and the amount of an administrative fine that may occur if the violation is not corrected or remedied by the date specified.
(8) A description of the procedure to pay the fine, to include the time period for and place of payment, and the process by which the County may collect any unpaid amount owed.
(9) A description of the administrative citation review process, including the time within which the administrative citation may be appealed and how to appeal the administrative citation, including any form to do so. (10) The name and signature of the citing Animal Control Officer, Humane Officer or peace officer or County designee.
(c) An administrative citation may be any format, including letter, which conveys the information set forth above.

6.04.210 - Appeal of Administrative Citation.
(a) A recipient of an administrative citation may contest the citation including, but not limited to, on the basis that the underlying violation did not occur, or that recipient is not the party responsible for the violation and thus was the improper recipient of the administrative citation. The recipient must contest the citation on the form provided by the Animal Program Manager or Animal Control Officer and file the appeal with the Animal Control Program Manager within twelve (12) calendar days from the date of service of the administrative citation. Any appeal not timely filed will be rejected.
(b) The appeal shall contain the following provided by the Person appealing the citation:
(1) The name, mailing address, and telephone number of the party requesting the appeal;
(2) A copy of the administrative citation or a reference number thereto; (3) A statement of the grounds for the contest, including a description of the evidence to be presented in support of the contest and copies of any statements or documents to be submitted at the hearing in support of the appeal.
(4) The signature of the appealing party;
(5) A deposit of the fine assessed as set forth in the citation(s), to be refunded if the appeal is successful.
(c) Should an appeal be properly and timely requested, the requesting party shall be

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provided a hearing before a hearing officer to be held pursuant to the procedures set forth in section 6.04.150 as applicable. The Animal Control Program shall notify the Person requesting the appeal hearing of the time and place set for the hearing pursuant to section 6.04.260.

6.04.220 - Payment of Administrative Fines.
(a) In the absence of an appeal by the recipient of the administrative citation, the Person cited shall pay the administrative fine in full within thirty (30) calendar days from the date of service of the notice of citation. In the event of an appeal, after which the violation is upheld, if not already paid, the fine shall be paid in full within ten (10) calendar days after the date that the decision of the hearing officer was served on the recipient.
(b) Payment of any fine shall not excuse the failure to correct the violation, nor shall it bar further enforcement of the same or any similar violation or any other violation by any applicable means.
(c) Failure to pay any fines assessed within the guidelines set forth in this Chapter will result in a late charge pursuant to section 6.04.230, which will be collected by the Animal Control Program Manager.

6.04.230 - Amount of Administrative Fines.
(a) Any Person issued an administrative citation for a violation of, and pursuant to, this Chapter shall be assessed and pay a fine as follows:
(1) One hundred dollars ($100) for a first citation.
(2) Two hundred dollars ($200) for a second citation for the same violation within a one-year period.
(3) Five hundred ($500) for each additional citation for the same violation within a one-year period.

6.04.240 - Misdemeanor Violations.
(a) A Person violating any provision of this Chapter shall be guilty of an infraction except as otherwise specifically provided.
(b) A Person violating any provision of section 6.04.050, subsection (a) of section

6.04.090 or subsection (a) of section 6.04.130 of this Chapter shall be guilty of a misdemeanor.
(c) This section shall not limit any other available criminal, civil or administrative remedies. Any or all applicable remedies shall remain available for violation of the provisions of this Chapter.

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6.40.250 - Violation of Chapter a Public Nuisance; Remedies Cumulative. (a) Violation of this Chapter is a public nuisance subject to any and all applicable civil, administrative, and criminal remedies, according to the provisions and procedures set forth in this Chapter and other applicable state and local law. (b) This section is not intended to limit any other available criminal, civil or administrative remedies. Any or all applicable administrative, civil and /or criminal remedies shall be available for violation of the provisions of this Chapter. (c) Each day a violation continues shall constitute a separate violation.

6.40.260 - Service of Documents and Notices.
(a) Unless otherwise specified herein, the appropriate representative of the Animal Control Program shall provide any required notice or service of documents in the one of the following manners: (1) by Personal delivery to the Person to be notified or served; or (2) by posting on the property at the address where the subject animal is licensed or the Owner of such animal resides; or (3) by depositing in the United States Mail, in a sealed envelope, first class postage prepaid, and addressed to such Person to be notified or served at their last-known business or residence address or as the same appears in the last equalized County assessment roll. Service by mail shall be deemed complete at the time of deposit in the United States Mail receptacle and shall include a declaration or affidavit of service which shall include notice of the date mailed. If agreed in writing by the Person to be served, notices or documents may be served electronically at the address provided by the Person to be served, to be effective upon being sent. (b) Failure to receive any notice specified herein does not affect the validity of proceedings conducted hereunder.

6.04.270 - Field Return Fee.

A fee shall be charged for any animal impounded by a representative of the Animal Control Program and returned by an Animal Control Officer in the field to the Owner or Person who is responsible for the care, custody, or control of the animal. The fee charged shall be paid by the Owner or Person who is responsible for the care, custody, or control of said animal. Such fee shall be set forth in Section 6.04.350.

6.04.280 - Redemption and Spay/Neuter Fee.
(a) Upon redemption of any impounded unaltered animal, the Person responsible for the care, custody or control of any animal will be required to pay a spay or neuter fee in the amount of $100.00 in addition to the impound fees imposed under Section 6.04.350 of this Chapter. Such fee shall be refundable upon proof of spay and neuter of the animal within thirty (30) calendar days following the date of redemption.
(b) Any unaltered animal impounded twice or more within a three-year period shall be altered at a cost to be paid by the Owner/Caretaker or Person responsible for

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the care, custody, or control of said animal prior to redemption. At the option of the Owner/Caretaker or Person responsible for the care, custody or control of said animal, required spaying or neutering may be performed by a private veterinarian within thirty (30) calendar days
(c) Any Owner or Caretaker of an impounded animal subject to mandatory spay/neuter under Subsection (b) of this Section may appeal this requirement by submitting a written request for an administrative hearing to the Animal Control Program Manager. The administrative hearing will be conducted according to the provisions of Section 6.04.150 of this Chapter.
(d) The Animal Control Program Manager may waive any County or City fee for County or City spay/neuter, vaccination or impoundment of an animal, if the animal is a feral or stray cat and the Person bringing the animal to the shelter agrees that the Person shall have no rights in the animal or any right to direct or control treatment or disposition of the animal by the Animal Control Program which will retain sole discretion in determining the disposition of the animal, which may include but not be limited to treatment and/or adoption, or euthanasia.

6.04.290 - Quarantine Fee.

A quarantine fee, as set forth in Section 6.04.350, shall be paid by the Owner or Caretaker of any animal involved, or potentially involved, in a bite. Such quarantine fee is in addition to any other fees charged set forth in Section 6.04.350 of this Chapter to recover costs incurred by the Animal Control Program for the sheltering and caring for the quarantined animal.

6.04.350 - Schedule of Fees and Charges.

This Section 6.04.350 sets forth the fees for the Animal Control Program and Licensing Program. No animal shall be released to its Owner, or other Person responsible for the care, custody, or control of the animal, unless applicable fees have been paid.

Animal Control and Licensing fees and charges established by this code are as follows:
(a) License Fees.

Dogs
Unaltered dog
1-year license $55.00
3-year license $160.00
Unaltered dog Senior Pet Owner (over 60 yrs.)
1-year license
3-year license
$23.00
$64.00
Altered dog

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1-year license $25.00
3-year license $70.00
Altered dog Senior Pet Owner (over 60 yrs.)
1-year license $10.00
3-year license $25.00
Misc. dog fees
Late fee $20.00
Duplicate tag $10.00
Cats
Unaltered cat
1-year license $20.00
3-year license $55.00
Unaltered cat Senior Pet Owner (over 60 yrs.)
1-year license
3-year license
$12.00
$31.00
Altered cat
1-year license $8.00
3-year license $19.00
Altered cat/ Senior Pet Owner (over 60 yrs.)
1-year license $5.00
3-year license $12.00
Misc. cat fees
Late fee $7.00
Duplicate tag $5.00
(b) Redemption Charges
Type A & B (large or medium size animals — horses, cows, hogs, sheep, etc.) Impound cost $100.00
Board cost per day $30.00
Trailering cost (per use) $100.00
Type C (dogs, and cats)

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Impound Costs — First Impound
Altered — licensed, wearing tag $40.00
Unaltered — licensed, wearing tag $65.00
Altered — unlicensed, no tag $55.00
Unaltered — unlicensed, no tag $85.00
Impound Costs — Second Impound
Altered — licensed, wearing tag $90.00
Unaltered — licensed, wearing tag $125.00
Altered — unlicensed, no tag $105.00
Unaltered — unlicensed, no tag $140.00
Impound Costs — Third Impound
Altered — licensed, wearing tag $135.00
Unaltered — licensed, wearing tag $155.00
Altered — unlicensed, no tag $155.00
Unaltered — unlicensed, no tag $180.00
Impound Costs — Fourth Impound
Altered — licensed, wearing tag $180.00
Unaltered — licensed, wearing tag $215.00
Altered — unlicensed, no tag $200.00
Unaltered — unlicensed, no tag $240.00
Impound Costs — Fifth Impound and up
Altered — licensed, wearing tag $225.00
Unaltered — licensed, wearing tag $260.00
Altered — unlicensed, no tag $245.00
Unaltered — unlicensed, no tag $285.00
Board charges (per day)
Altered — dogs/ $25.00
Unaltered — dogs/ $35.00
Altered — cats $16.00

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Unaltered — cats $22.00
Type D (small size animals, e.g., birds, hamsters, or other) Impound cost $20.00
Board cost $10.00
Unaltered — licensed, wearing tag $260.00
Altered — unlicensed, no tag $245.00
Unaltered — unlicensed, no tag $285.00
Board charges (per day)
Altered — dogs/ $25.00
Unaltered — dogs/ $35.00
Altered — cats $16.00
Unaltered — cats $22.00
Type D (small size animals, e.g., birds, hamsters, or other) Impound cost $20.00
Board cost $10.00
(c) Surrender, Euthanasia and DOA (Dead on Arrival) Disposal Fees Dog — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Cat — Licensed or unlicensed
Surrender $60.00
Euthanasia $50.00
DOA Disposal $30.00
Rabbit/Small Animal
Surrender $40.00
Euthanasia $30.00
DOA Disposal $15.00
Litter of Three or more
Surrender $50.00

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Euthanasia $40.00
DOA Disposal $20.00
Bird/Fowl
Surrender $20.00
Euthanasia $15.00
DOA Disposal $20.00
All Other Companion Animals (Reptiles, Amphibians, etc.) Surrender $25.00
Euthanasia $25.00
DOA Disposal $20.00
Farm Animals
Surrender $60.00
Euthanasia: Under 100 pounds
Over 100 pounds
$60.00
$125.00
DOA Disposal: Under 100 Pounds
Over 100 pounds
$30.00
$100.00
(d) Other Animal Control Fees
Quarantine Fee $60.00
Dangerous Animal Permit (DAP) Fee $300.00
DAP Inspection Fee $100.00
DAP Signage $15.00
Field Retrieval/Return Fee $40.00
Breeding Permit Fee $150.00
Fancier Permit and/or Exotic Pet Fee $100.00
Return Check Fee $25.00
Service Dog Application Processing Fee $50.00
(e) Miscellaneous Fee Provisions
(1) The Animal Control Program, and/or Licensing Program, may establish license discounts for recognized animal rescue organizations. (2) License fees include a one dollar ($1) annual surcharge on all licenses for the animal population trust fund.

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(3) At the discretion of the Animal Control Program Manager, a payment plan for all fees outstanding may be permitted upon a showing of good cause.

If a Person is in compliance with an agreed upon payment plan, their outstanding balance shall never be considered “nonpayment” as that term is used in this Chapter.
(4) The animal control fees for any animal related service not specified in this section shall be reviewed by the Chief of Health or their designee for reimbursement of costs. The Chief of Health or their designee shall have the authority to determine the fee charged for said services. The fee charged shall be paid by the Owner or Caretaker of the animal(s) for which said service(s) have been provided.
(5) Each calendar year, the Animal Control Program Manager shall designate one month as an amnesty period for payment of cat and dog license late fees and for compliance with section 6.04.020 of this Chapter, as provided herein. During the amnesty period, applicants for cat and dog licenses shall not be assessed any late penalty fee or any other penalty for failure to obtain such license or pay any applicable license fee, notwithstanding sections 6.04.040 and 6.04.350 of this Chapter.
(6) All revenue derived from the fees, fines, forfeitures, and penalties related to the enforcement of this ordinance shall be used to offset the cost of enforcement and administration of this Chapter.
(7) If the Animal Control Program Manager determines that payment of any fees by the Owner or Caretaker for an impounded animal would cause extreme financial difficulty to the Owner or Caretaker, and that it is in the best interests of the County to allow release of the animal upon these terms, the Animal Control Program Manager may, at their discretion, set up a payment plan or waive all or part of the fees incurred for the animal.

6.04.360 - Keeping of Other Animals Prohibited.

It is unlawful to keep any of the following:

Any fowl, reptile, or animal which normally lives in a wild habitat and is a curiosity to the local community, whether wild or domesticated at the time of its keeping.

6.04.360A - Keeping of Domestic Fowl and Rabbits.

It is unlawful to keep or maintain or cause to be kept or maintained within the City any live domestic fowl (defined as chickens, ducks, geese, turkeys, pigeons, doves, or squabs), or any rabbits, except under the following conditions, namely:
(a) Cannot Run at Large. Such domestic fowl or rabbits shall under no circumstances be permitted to run or be at large, upon any premises other than those of the Person in the immediate possession or control of such domestic fowl or rabbits. (b) Location of Enclosures. Such domestic fowl or rabbits must at all times be kept

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within the confines of a cage or coop on a property. The enclosure shall not be within thirty-five feet of any adjacent dwelling or within thirty-five feet of any street lines.
(c) Enclosure to Be Kept Clean. All yards, cages, coops, cotes, warrens, or similar structures or enclosures for such domestic fowl or rabbits shall be cleaned once a week and otherwise kept in a sanitary condition and free from offensive odors. (d) Roosters. No rooster shall be kept, enclosed, maintained, or allowed within the City.
(e) Limitation upon Number of Domestic Fowl or Rabbits. It is unlawful for any Person in any event to keep or maintain more than a total number of four poultry or rabbits upon any single lot, parcel, or piece of land within the City. (f) It shall be unlawful and a public nuisance to keep within the City any domestic fowl which by any sound or cry shall disturb the peace and quiet of any neighborhood so as to interfere with the reasonable and comfortable enjoyment of life and property.

6.04.370 - Keeping of Other Animals Permitted.

The following animals may be kept:
(a) Not more than two dogs and two cats of more than four months of age are subject to the licensing requirements of this Chapter unless a permit is obtained under Section 6.04.380.
(b) The offspring of dogs and cats of the household up to the age of six months. (c) Other household pets which are not kept outside.

Duly licensed veterinarians and dog kennel operators are exempt from this requirement.

6.04.380 - Sanitary Keeping of Animals.
(a) It is unlawful for any Person in the City to keep any animal in any animal quarters, kennel, animal hospital, house, apartment, or yard which is not at all times kept reasonably clean and sanitary to the satisfaction of the County Health Officer. (b) It is unlawful and shall constitute a public nuisance for any Person to keep within the limits of the City any animal which unreasonably disturbs the peace and comfort of the inhabitants of the neighborhood in which such animal is kept, or interferes with any Person in the reasonable and comfortable enjoyment of life or property, creates a condition likely to lead to infestation of rodents, insects or other vectors for disease, or creates a significant risk of injury to life or property.

The Person who in any instance under the authorization of this Chapter is engaged in enforcing the provisions of this Chapter shall utilize the citation method of enforcement provided in this Chapter if that procedure is reasonably and practicably available to abate the nuisance in preference to the summary abatement procedure of enforcement provided in this Chapter.

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6.04.390 - Permit Required.

It is unlawful for any Person to keep, maintain or cause to be kept or maintained any household pets, bees, or other animals not otherwise permitted herein without having first obtained a permit as provided herein.

6.04.400 - Permit—Application—Issuance.
(a) Each application for a permit required under Section 6.04.380 shall be accompanied by an accurate plot plan showing the location of the proposed facilities, building drawings showing the type of any kind of enclosure proposed, and the location of surrounding buildings. Each application shall state the number, species, and the kind of household pets, other animals or bees to be contained and such other and further information as the Department shall require. (b) The Animal Control Officer, Building Official, Police Chief or his/her/their designee shall inspect the premises upon which the household pet, animal or bees are to be located and determine that the premises meet the conditions of this title, and that the issuance of a permit hereunder will not be detrimental to the public health, safety, and welfare.
(c) If, in the opinion of the Animal Control Officer, Building Official, Police Chief or his/her/their designee, it appears that the applicant will be in full conformance with this Chapter and any other applicable Ordinances upon payment of the required feeand a permit expiring on June 30th next succeeding the date of application shall be issued.

6.04.410 - Permit—Fee.

The permit fee shall be established and adopted by resolution of the City Council.

6.04.420 - Permit—Revocation.

Any permit granted under this Chapter may be revoked or suspended in the following manner:

A notice of intention to revoke shall be mailed to the permittee specifying wherein he has failed to comply with this Chapter or any other law, or with any terms or conditions specified in the permit, and requiring him to appear before the City Manager at a date and hour specified not less than five days after the mailing of such notice to the permittee, and showing cause why the permit should not be revoked or suspended. At such time and place, the permittee shall have the right to appear in Person or by counsel and introduce such evidence as he may desire. A permittee dissatisfied with the decision may appeal to the City Council, which shall hold a public hearing on the matter. The City Council may continue the hearing from time to time. The decision of the City Council shall be final.

6.04.430 - Housing and Keeping of Pets—Regulations.
(a) Any outside structure for the housing of household pets shall not exceed eight feet in height.

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(b) The housing shall be located so that its nearest point is twenty feet or more distant from any dwelling, excluding that of the permittee, except as the permit may otherwise provide, for good cause shown.
(c) The housing shall not be located within ten feet of any property line, except as the permit may otherwise provide for good cause shown.
(d) The housing shall be constructed of material and in a manner satisfactory to the Health Officer so that the housing is free from infestation of rats and other harmful and/or disease-carrying rodents and insects.
(e) All such housing shall be sprayed with a standard disinfectant approved by the Health Officer or the Animal Control Officer at least three times a year; once in March, July, and October, and such other times as they may require. (f) All housing shall be kept in a clean and sanitary condition and all droppings or other debris shall be removed at least twice a week, or more frequently, if found necessary.
(g) Feed bins and trays shall be provided in a manner not to attract insects, rodents, or wild animals.
(h) For bees and bee hives, regulations adopted resolution of the City Council shall apply to the keeping of bees and bee hives on private property in the City.

6.04.440 - Inspection.

The Animal Control Officer, Building Official, or his/her/their designee shall inspect the premises of each “dangerous” animal permittee, at least once each year and at such additional times as they deem necessary. The refusal of a permittee hereunder to permit the Animal Control Officer a reasonable right of inspection of the permittee’s premises and the structure for the housing of such household pet shall be just cause for the revocation of the permit.

6.04.450 - Kennels and Shops—Sales Records.

The owner or operator of any kennel, animal breeding facility, pet shop, or any place or establishment where animals are sold shall keep a permanent record of the name, address, and phone number of the purchaser of any dog, along with the breed, color, sex, and age of each dog sold or given away, and shall forward such information to the Animal Control Program within thirty days thereafter. An Animal Control Officer shall have the right to inspect such records during normal business hours.

6.04.460 - Pet Shops, Aviaries, Hatcheries.

This Chapter shall not be construed to prohibit the display or sale of animals, birds, fish, or reptiles legally for sale in licensed pet shops, kennels, aviaries, or fish hatcheries.

6.04.470 - Pet Shops—Notice of Person to Contact.

Every Person maintaining a pet shop shall cause a notice, framed and enclosed under glass, containing the names, addresses, and telephone numbers of Persons to be notified during

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any hour of the day or night who will proceed immediately to the location so as to permit entry to the premises by representatives of the Poundmaster, to be posted on the premises near the entrance, such notice to be in such a position as to be legible from the sidewalk or ground level adjacent to the building.

6.04.480 - Selling Animals on Streets.

It is unlawful for any Person to display, sell, offer for sale, barter, or give away, upon any street or sidewalk of the City, as pets or novelties:
(a) Any fish, turtle, snake, lizard, chameleon, or other reptile; (b) Any bird, cat, dog, fowl, guinea pig, rodent, or other animal.

6.04.490 - Aid to Animals or Persons in Distress.

Police Officers may go to the aid of all Persons or animals in distress or danger and render them such help and assistance that lie within their power. Police Officers of the City are empowered to enforce all provisions of this Chapter in the absence of or in assistance to the Animal Control Officer.

6.04.500 - Herding and Grazing Animals.

No Person shall stake out, herd, or graze any animal, except cats or licensed dogs, upon any unenclosed lot or land in any manner so that the animal may be or go beyond the boundary line of such lot or land without a permit from the Police Department to do so, which permit shall be revocable at any time it shall be made to appear to the Police Department that the keeping thereof is or may become detrimental to the public health, safety, or general welfare. An appeal may be made to the Police Chief of the granting or denial of any permit. The decision of the Police Chief upon an appeal shall be final and conclusive.

6.04.510 - Livestock—On Inhabited Lots.

No Person shall stake or tie or leave staked or tied, within one hundred feet of an inhabited residence, any horse, cattle, sheep, or goat in an open lot without the written consent of the occupant of such residence.

6.04.520 - Tying Animals to Trees.

No Person shall tie any animal to any shrub or tree growing upon or along any sidewalks or streets of the City.

6.04.530 - Livestock—Herding and Corral Restrictions.

No sheep, cattle, horses, or other stock shall be herded or corralled within the City within five hundred feet of any residence without a permit from the Police Department to do so, which permit shall be revocable at any time it shall be made to appear to the Police Department that the keeping thereof is or may become detrimental to the public health, safety, or general welfare. An appeal may be made to the Police Chief of the granting or denial of any permit. The decision of the Police Chief upon an appeal shall be final and conclusive.

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6.04.540 - Livestock—Enclosure at Night.

All horses, cattle, sheep, and goats within the City, when not in use, shall be kept inside of enclosures at night.

6.04.550 - Authorized Dog Runs.

The City Council may, by resolution, authorize identified public facilities as dog runs within the City. Upon the designation of an authorized dog run, the following shall apply:
(a) The use of the identified public facility as a dog run is for the recreation and/or exercise of dogs only, which may or may not be restrained by a leash, rope, or other physical restraint while the dog is within the designated dog run. (b) During the transportation of a dog or dogs to and from designated dog runs, the dog or dogs must be restrained by leash, rope, or other physical restraint which shall be continuously held by a competent Person.
(c) All dogs within a designated dog run must be licensed and vaccinated pursuant to this title.
(d) Unrestrained dogs within a designated dog run must be under the supervision and control of a competent Person. Dogs may not be left unattended within any designated dog run.
(e) The days and hours of operation of the public facility as a dog run, and other such limiting conditions, shall be established by resolution of the City Council and posted upon a conspicuous place within the designated dog run. (f) In permitting a designated area to be operated as a dog run within the public facility, neither the City nor the facility owner, nor any employee, officer or agent of the City, or the facility owner assumes responsibility or liability for any personal injury, injury to other animals, or property damage occasioned by a leashed or unleashed dog within the designated dog run area. The dog owner and/or custodian of the dog assumes actual liability for any such injury so occasioned. (g) It is the responsibility of each dog owner or controller to remove, contain, and properly dispose of his or her animal’s excreta, trash, and litter prior to leaving the designated area.
(h) The City Council finds and declares that the creation of a dog run area may potentially cause disruption to the users of the facility by the occasional animal owner who is unwilling or unable to keep their dog from disrupting other facility users. The City Council further finds that appropriate officials need the ability to preserve the health, safety, and welfare of the community in general and of the dog run facility users in particular by empowering such officials to remove those animal owners who are unable or unwilling to control their animals. (1) When any Animal Control Officer, Police Officer, or other employee designated by either the City Manager or Chief of Police declares that an animal within a designated dog run is either unsupervised, or such animal

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owner either is unable or unwilling to control their animal, the Officer or employee may direct the animal owner to leash their animal and leave the designated dog run.
(2) No Person shall remain in a designated dog run after having been directed to leave beyond an amount of time reasonably necessary to depart from the area.

6.04.560 - Dogs in Outdoor Dining Areas.
(a) A retail food facility may permit pet dogs in outdoor dining or patio areas if it meets the following conditions:
(1) A separate outdoor entrance is present where pet dogs enter without going through the food establishment to reach the outdoor dining area. (2) No food preparation or storage shall be allowed in the pet area, including the dispensing or mixing of drinks and ice. Water may be poured from a vessel brought from inside the establishment.
(3) Reusable dishes and utensils shall not be stored, displayed, or pre-set in the outdoor dining area.
(4) Dogs may only eat or drink from single-use disposable containers provided by the establishment. No dishes brought by customers are allowed.
(5) Food employees are prohibited from having direct contact with pet dogs while on duty. A food employee who does have prohibited direct contact shall wash their hands as required by California Health and Safety Code Section 113953.3.
(6) The outdoor dining area is maintained clean. Surfaces that have been contaminated by dog excrement or other bodily fluids shall be cleaned and sanitized.
(7) The pet dog is on a leash or confined in a pet carrier and is under the control of the pet dog owner. Dogs are not allowed on chairs, benches, seats, or other fixtures.
(8) The food facility owner ensures compliance with local Ordinances related to sidewalks, public nuisance, and sanitation issues, as well as all previously applicable health code requirements.
(b) Under no circumstances shall dogs that have been designated as dangerous be allowed in any outdoor dining areas.

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 8, 2024
ITEM TITLE: Consideration of Introducing an Ordinance Amending San Carlos Municipal Code Chapter 2.08.020 to Increase the City Council Salary under Government Code Section 36516.

RECOMMENDATION:

Staff recommends that the City Council introduce an Ordinance amending San Carlos Municipal Code Chapter 2.08.020 to increase the City Council Salary to $950 per month as authorized under Government Code Section 36516.

FISCAL IMPLICATIONS:

The cost of the increase related to the increase in City Council and City Treasurer salaries and benefits is approximately $17,000 to the General Fund in fiscal year (FY) 2024-25 and then approximately $34,000 thereafter, depending on whether further increases are proposed. The Council will, at its next meeting, address the appropriation of funds should this Ordinance be introduced.

BACKGROUND:

The City Council last increased their salary on October 22, 2018. At that time, their individual salaries had been the minimum amount of $300 per month. Because the Council had not increased their salary in 29 years, it would have been allowed an increase up to $735 per month.

Instead, in 2018, the Council adopted Ordinance 1534, which increased the salary for councilmembers to $560 per month. Furthermore, the Council could have approved 5% increases per year since October 2018, but only effective after the following municipal election. Had this occurred, the Council salary could have been as high as $938 per month.

ANALYSIS:

Government Code 36516 was modified by Assembly Bill (AB) 329 in 2023 and provided for a reset for councilmember salaries, ranging from a low of $950 for cities with a population under 35,000 up to $3,200 per month for cities over 250,000. The 5% annual increase effective after the next municipal election was retained. Should San Carlos’ population increase beyond 35,000 and up to 50,000, the salary level would increase to $1,275 per month.

A survey of other similar sized agencies in the County found the following pay rates:

Burlingame $590.04
East Palo Alto $600.00
Foster City $496.00

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Menlo Park $640.00
San Carlos $560.00
The City of Belmont introduced an ordinance on November 28, 2023, which was adopted at a regular meeting held on December 12, 2023, to increase their Council salaries to $950.00 per month, operative on the first full pay period after the council declares the results of the next regulation council election.

The City Council must set its salary by ordinance under Government Code 36516. Government Code Section 36516(f) allows councilmembers to waive any or all their salary and benefits.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Introduce an Ordinance Amending Municipal Code Chapter 2.08.020 - Regarding Increasing City Council Compensation under Government Code Section 36516; or

2. Do not introduce the proposed Ordinance; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Gregory Rubens, City Attorney
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Ordinance

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ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF SAN CARLOS AMENDING SAN CARLOS MUNICIPAL CODE CHAPTER 2.08.020 TO INCREASE THE CITY COUNCIL SALARY UNDER GOVERNMENT CODE SECTION 36516.

SECTION 1: Findings. The City Council of the City of San Carlos does hereby finds and declares as follows:

WHEREAS, Section 2.08.020 was last amended in 2018 when the City Council Salary was increased from $300 per month to $560 per month in accordance with Government Code Section 36516; and
WHEREAS, Senate Bill (SB) 329 which amended Government Code Section 36516 et seq. and increased the amount of City Councilmember salary allowed for general law cities and became effective on January 1, 2024; and
WHEREAS, the maximum amount now allowed for City Councilmember salary for a general law city with a population under 35,000 is now $950 per month; and WHEREAS, Government Code Section 36516.5 continues to authorized 5% increases in compensation by ordinance; and
WHEREAS, in 2018, the City Council could have increased its salary to $735 per month since it had not increased its salary for 29 years. If the Council in 2018 had increased its salary to $735, with regular 5% increases under section 36516.5 the 2024 salary would be $938 per month; and
WHEREAS, SB 329 provides an opportunity to recognize and reset City Council compensation levels in conformance with the new law to $950 per month; and WHEREAS, the City Council finds that the City Council salary has not kept pace with inflation and adjusting its salary to that provided by state law may help the city council to become more diverse because increased compensation can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families; and
WHEREAS, the City Council further finds that the time spent by councilmembers has increased, and those who are employed potentially have their earnings adversely affected; and WHEREAS, the City would benefit from a diverse candidate pool in future elections from differing demographic backgrounds and geographic areas of the City.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Carlos as follows:

SECTION 2. The City Council hereby approves the following edits to Chapter 2.08.020 of the San Carlos Municipal Code as follows (track changes shown):

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2.08.020 Compensation.

Effective December 11, 2018 9, 2024, City Councilmembers shall receive a monthly salary of five hundred and sixty dollars nine hundred and fifty dollars ($950) per month in accordance with Government Code Section 36516.

AYES, COUNCILMEMBERS: ___________________________________________________ NOES,COUNCILMEMBERS: ___________________________________________________ ABSENT, COUNCILMEMBERS: _________________________________________________ ________________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 8, 2024
ITEM TITLE: Consideration of Appointments to the City Council Subcommittees and Ad Hoc Committees for 2024.

RECOMMENDATION:

Staff recommends that the City Council appoint the primary and alternate representatives selected by the Mayor to serve on boards, committees, and authorities.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

Each year following the City Council’s reorganization, the Mayor appoints City councilmembers to serve as primary and alternate representatives to various boards, committees, and authorities.

The City of San Carlos Code of Conduct & Ethics Policy for Council Members and Appointed Officials indicates that the Mayor is the presiding officer of the City Council and in this capacity “... is responsible for . . . appointing Council Members to standing or ad hoc committees. The Mayor is also responsible for appointing Council Members to certain county and regional boards and committees.”
ANALYSIS:

The proposed list of 2024 City Council Regional JPAs, Boards, and Committee Assignments is included in Attachment 1. The City Council is asked to discuss and consider the recommended primary and alternate appointments to each agency before voting to approve.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Approve the Mayor’s appointment of City councilmembers to boards, committees, and authorities; or

2. Do not approve the Mayor’s appointment of City councilmembers to boards, committees, and authorities; or

3. Provide the Mayor with alternative direction.

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Respectfully submitted by:

Nil Blackburn, Assistant City Manager
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. 2024 City Council Regional JPAs, Boards, and Committee Assignments

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Updated: 1/3/24 Page 1/3
CITY COUNCIL REGIONAL JPAs, BOARDS, AND COMMITTEE ASSIGNMENTS 2024

Primary/Alternate

Advance Life Support (ALS) (3rd Wed of Jan/May/Sept, 6:30 p.m.) Venkatesh/Dugan San Mateo County Pre-Hospital Emergency Medical Services Group. JPA for emergency ambulance services in San Mateo County.

Airport Roundtable (1st Wednesday of Feb/April/June/Aug/Oct/Dec, 7:00 p.m.) Venkatesh/Dugan A voluntary public forum established in 1981 for the discussion and implementation of noise mitigation strategies at San Francisco International Airport (SFO). www.sforoundtable.org/

Association of Bay Area Governments (ABAG) General Assembly (Annual meeting) Dugan/Rak Determine policy matters for the Association, including adopting annual general budget, and review recommendations of the Executive Board. http://abag.ca.gov/overview/ga.html

Belmont-San Carlos Fire Department (Meetings as needed) Collins & Dugan/McDowell Former fire protection services provider for San Carlos, Belmont, and the Harbor Industrial Area (HIA).

Caltrain Modernization Local Policy Maker Working Group (4th Thursday, 5:30 p.m.) Collins/Venkatesh Regional committee of Council Members and County Supervisors along the Caltrain corridor in San Francisco, San Mateo, and Santa Clara counties. The group receives updates and provides comments on the Caltrain Modernization program which includes Caltrain Electrification, Blended Operations and Caltrain/California High Speed Rail operations. www.caltrain.com/projectsplans/CaltrainModernization.html

City/County Association of Governments (C/CAG) (2nd Thursday, 6:30 p.m.) Rak/Venkatesh Association of cities + County on issues affecting San Mateo County. http://ccag.ca.gov/

Airport Land Use Committee (ALUC) (4th Thursday, 4:30 p.m.) Venkatesh/Collins Subcommittee of the City/County Association of Governments formed to advise and recommend actions regarding the updating of Airport Land Use Plan land use compatibility issues affecting the airports in San Mateo County. http://ccag.ca.gov/committees/airport-land-use-committee/

Emergency Services Council (Quarterly on 3rd Thursday, 5:30 p.m.) Dugan/McDowell Countywide Board that prepares for mutual aid response in the event of a natural disaster or act of terrorism. Staffed through the County Sheriff’s office, this Council is funded by a 21 member-agency JPA, and funds activities including HAZMAT, mutual aid communications, and OES response staffing. https://bnc.smcgov.org/emergency-services-council

Grand Boulevard Initiative (Quarterly) Collins/Rak
A regional collaboration dedicated to the revitalization of the El Camino Real corridor, as it runs through San Mateo and Santa Clara counties in the California Bay Area. www.grandboulevard.net

Home for All (Meetings as needed) Venkatesh/Dugan Public, private and nonprofit agencies collaborative to address the job/housing gap and determine solutions that can be implemented County-wide. https://homeforallsmc.org/

League of California Cities, Peninsula Division (Meets Quarterly) All Represents all cities in California on legislative matters in Sacramento. The Peninsula Division runs from San Francisco to Gilroy and meets quarterly on the peninsula plus an annual breakfast to elect officers of the division during the League of California Cities Annual Conference. www.cacities.org/Member-Engagement/Regional-Divisions/Peninsula I. APPOINTMENTS TO OTHER AGENCIES – CITY OF SAN CARLOS REPRESENTATIVE(S)

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Updated: 1/3/24 Page 2/3
Library Governing Board JPA (Meets five times a year on Mondays, 8:15 a.m.) McDowell/Dugan JPA for county library services. www.smcl.org

Peninsula Clean Energy JPA Board (4th Thursday, 6:30pm) Dugan/Venkatesh San Mateo County’s official electricity provider. http://www.peninsulacleanenergy.com/

Peninsula Congestion Relief Alliance/Communte.org McDowell/Venkatesh (3rd Thursday in Feb/Apr/June/Sept/Nov, 8:00 a.m.)
Transportation systems management: shuttles/carpooling/Spare the Air information. www.commute.org

San Mateo County Council of Cities (Last Friday of Month) All Mayors and Councilmembers from San Mateo County’s 20 cities meet monthly to discuss issues/receive presentations on issues of mutual concerns. www.councilofcities.org

City Selection Committee (Meets prior to Council of Cities). Mayor/designee votes on appointments Subcommittee of Council of Cities. Business meeting starts at 6:15 p.m. in order to vote on appointments to regional boards. Location changes monthly.

San Mateo County Convention and Visitors Bureau (Monthly) All Funded by contributions of local hotels, motels, restaurants, museums, and tourist attractions in the County.

Publishes monthly guides of events in the County hosted by member businesses. www.smccvb.com/

San Mateo County Mosquito and Vector Control District Board of Trustee Collins (term ends 12/31/24) Trustees are responsible for the development and approval of policies and for approving financial transactions, expenditures, the operational budget, and yearly audit for the District.

Silicon Valley Clean Water (2nd Monday, 8:00 a.m.)
JPA for sewage/wastewater treatment services. www.svcw.org Collins/Dugan

South Bayside Waste Management Authority (4th Thursday, 2:00 p.m.) Rak/Venkatesh JPA for solid waste and recycling services. www.rethinkwaste.org

Housing and Community Development Committee (HCDC) Collins HCDC makes recommendations to the Board of Supervisors related to the expenditure of all housing and community development funds to review and provide a forum for public comment on affordable housing and community development needs. www.housing.smcgov.org/hcdc

Housing Endowment and Regional Trust (HEART) Board (4th Wednesday monthly, 3:00 p.m.) McDowell HEART is a Joint Powers Authority nonprofit organization, whose board consists of 10 elected officials and 10 members of the private sector who work to create more affordable housing throughout the County.

Appointed by the City Selection Committee. www.heartofsmc.org OneShoreline (typically 4th Monday monthly, 4:00 p.m.) Rak The mission of the Flood and Sea Level Rise Resiliency District Board of Directors (OneShoreline) is to address sea level rise, flooding, coastal erosion, and large-scale stormwater infrastructure improvements.

Appointed by the C/CAG Board. https://oneshoreline.org

2+2 – City/School District (as needed) McDowell and Rak Informal liaison committee between school district and City on areas of mutual concern.

Age-Friendly Initiative Subcommittee McDowell and Venkatesh II.

APPOINTMENTS TO OTHER AGENCIES – AGENCY, NOT CITY APPOINTED (Requires Application by an Interested Council Member, When Positions Are Available) III. APPOINTMENTS TO CITY COUNCIL COMMITT EES & COUNCIL AD-HOC COMMITTEES

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Childcare Subcommittee McDowell and Venkatesh

Code of Conduct and Ethics Policy Subcommittee Collins and Venkatesh

Communication Subcommittee Venkatesh and Dugan

Downtown Subcommittee Collins Dugan and Venkatesh

Economic Development Subcommittee McDowell and Rak

Employee Recruitment and Retention Subcommittee Dugan and McDowell Four Corners Working Group (Belmont-San Carlos Cranfield Carlmont Traffic) Collins and McDowell Housing Subcommittee Collins and Dugan
Industrial Arts Subcommittee McDowell and Rak

Legislative Subcommittee McDowell and Rak

Parks and Recreation Public Art Task Force Dugan

Infrastructure Innovation and Improvement Dugan and McDowell

Trails and Open Space Subcommittee Dugan and Rak

Transportation & Circulation Subcommittee Collins and Dugan

Harbor Industrial Association (1st Thursday, noon, lunch at Van’s in Belmont) All San Carlos Educational Foundation Dugan
Chamber San Mateo County McDowell
IV. COUNCIL LIAISONS TO OTHER ASSOCIATIONS & NON-PROFIT ORGANIZATIONS

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San Carlos City CouncilJanuary 8, 2024

San Carlos City Council
January 8, 2024