Foster City City Council
February 22, 2022

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC

THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO BY JOINING THE ZOOM

MEETING
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[email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

Consistent with Government Code Section 54953, this City/District Meeting will be held via teleconference.

City Councilmembers/District Board and staff will attend in person or via teleconference.

To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home. Below is information on how the public may observe and participate in the meeting.

To Observe the Meeting via Teleconference/Video Conference:
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To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
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Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda
• Include the submitter’s full name (Recommended but not required)

Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.

1 AGENDA

Tuesday, February 22, 2022 6:30 PM

REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Councilmembers/ex officio EMID Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi

4. PUBLIC

Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda. Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council.

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

5. CITY/EMID CONSENT CALENDAR

All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on
these items unless a citizen or a Council/Board member
so requests. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

5.1. City/EMID Minutes
2 5.1.1. City/EMID Special Meeting of January 31, 2022

5.1.2. City/EMID Regular Meeting of February 7, 2022

5.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-12 and EMID Resolution Number to be used tonight is 3634)

5.2.1. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute the First Amendment to the Agreement with Renne Public Law Group (dba, Renne Public Policy Group (RPPG)), in the Amount of $156,000 for an
Extended Two-Year Term, for Both State Legislative Advocacy Services in Addition to State and Federal Grant Writing and Consulting Services
a) Staff Report
b) Adopt Resolution

5.2.2. A Resolution of the City Council of the City of Foster City Approving a Drop-off and Pick-Up Zone Along the South End of Balclutha Drive Restricting Parking Between the Hours of 7:30AM-9:30AM and 2:00PM-4:00PM Monday through Friday
a) Staff Report
b) Adopt Resolution

5.2.3. A Resolution of the City Council of the City of Foster City Awarding a Professional Services Agreement to Waterworks Industries, Inc. in an Amount Not to Exceed $24,905 for Comprehensively Updating the Lagoon Management Plan;
Authorizing the City Manager to Execute the Agreement; and Appropriating $40,000 from the General Fund Reserve to Account No. 001-0920-431-4251
a) Staff Report
b) Adopt Resolution

5.2.4. A Resolution of the City Council of the City of Foster City Authorizing the Addition of Summer Days as an On-Going
Community Event; Authorizing the Return to Pre-COVID 19 Pandemic in the Fiscal Year 2022-2023 Special Recreation and City Council Budgets; and Appropriating $30,000 From the General Fund Reserve to Account No. 003-0537-451-4251 for Summer Days Event Expenses and $25,000 From the General Fund Reserve to Account No. 001-1030-413-4251 for Fourth of July Event Expenses
3 a) Staff Report
c) Adopt Resolution

5.2.5. a) A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local
Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by
Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to Meet by
Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation
c) Staff Report
d) Adopt Resolutions

6. NEW BUSINESS

6.1. Consideration of a Resolution Adopting Interim Guidance Rules and Regulations to Implement Senate Bill 9 (SB 9) and Directing the Preparation of an SB 9 Implementing Ordinance and
Receiving a Report
on Senate Bill 10 (SB 10)
a) Staff Report
b) Action - By Minute Order, Receive and Accept Report
c) Action - A Resolution of the City Council of the City of Foster City Adopting Interim Guidance Rules and Regulations to Implement SB 9 – the California Home Act; and Directing the Preparation of an SB 9 Implementing Ordinance

6.2. Consideration of the "Our Neighborhood Voices" Initiative and a Request for a Resolution of Support
a) Staff Report
b) Action - By Minute Order, Provide Policy Direction to Take No Further Action
OR
c) Action - A Resolution of the City Council of the City of Foster City Expressing Support for the "Brand-Huang-Mendoza Tripartisan Land Use Initiative" to Amend Article XI of the Constitution of the State of California to Make Zoning and Land Use Community Affairs, and Not of State Interest

4 7. REPORTS

7.1. Report on Wastewater Treatment Plant Master Plan Improvements Project (CIP 455-652) - Clean Water Program - Update for October 2021 through December 2021
a) Staff Report
b) Action - By Minute Order, Receive and Accept Report

7.2. Levee Improvements Project (CIP 327-657) - Monthly General Update a) Staff Report
b) Action - By Minute Order, Receive and Accept Report

8. RESOLUTIONS FOR ADOPTION

8.1. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Change Order No. Twenty (20) to the Agreement with Shimmick Construction Co., in the Amount of $347,422.78 to Provide and Construct Drainage Revisions for Concrete Block Walls North of San Mateo Bridge for the Levee Protection Planning and Improvements Project (CIP 327-657)
a) Staff Report
b) Adopt Resolution

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 31, 2022, and ACH were Processed on January 25, and January 31, 2022
a) Information Item Only
b) No Action Required

10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS

AND REQUESTS, AND COUNCIL LIAISON REPORTS

City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.

11. ADJOURNMENT

The public is invited to attend.
5 Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 286-3250 at least 48 hours in advance of the meeting.

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

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

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
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STREAMED LIVE every 1st and 3rd Monday of the month

City Council meetings on-demand:
https://www.fostercity.org/agendasandminutes

6 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF JANUARY 31, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/ EMID BOARD OF DIRECTORS
The duly called and noticed special meeting of the City Council of the City of Foster City (City), sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID) of January 31, 2022 was called to order at 6:30 a.m. by Mayor/President Richa Awasthi.

Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N-08-21, the meeting was held as a teleconference meeting.

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

PRESENT: Councilmembers/ex officio Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi.

ABSENT: None.

STAFF PRESENT: Kevin Miller, Interim City/District Manager, Denise Bazzano, Assistant Attorney; Jennifer Phan, Interim Deputy City Manager; Edmund Suen, Finance Director; Marlene Subhashini, Community Development Director; Maria Saguisag-Sid, Human Resources Director; Tracy Avelar, Police Chief; Robert Marshall, Fire Marshal; Louis Sun, Public Works Director; Rob Lasky, IT Manager; Tiffany Oren, Recreation Manager; Leslie Parks, Economic Development Manager; Rocky Robinson, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

PUBLIC
Susan Lessin addressed the City Council via email regarding the Recreation Center.

The following people addressed the City Council via teleconference regarding the proposed minimum wage ordinance:

1. TaShon Thomas, Public Policy Director, United Way Bay Area;

2. Adriana de la Cruz, California State President, Coalition of Labor Union Women; and

3. Rosa Shields, Community Service Director, San Mateo Labor Council. 7 ORDINANCES FOR ADOPTION
ADDING CHAPTER 5.73 (MINIMUM WAGE) TO THE FOSTER CITY MUNICIPAL CODE.

Assistant City Attorney Bazzano presented the advice received from the Fair Political Practices Commission as it pertains to the Political Reform Act, stating that Councilmembers Hindi and Sullivan may make a determination for themselves whether they want to participate in the item or whether they want to recuse themselves, and stated that although the advice did not specifically pertain to Councilmember Gehani, he may consider it to make a determination for himself.

Councilmember Gehani recused himself due a conflict of interest because he owns a business within Foster City.

Economic Development Manager Parks presented the staff report.

Discussion ensued.

Rosa Shields, Community Service Director, San Mateo Labor Council, addressed the City Council via teleconference.

Motion by Vice Mayor Froomin, seconded by Councilmember Sullivan, and failed by roll call vote, 2-2-0, Mayor Awasthi and Councilmember Hindi voted “no”, to introduce “An Ordinance of the City of Foster City Adding Chapter 5.73 (Minimum Wage) to the Foster City Municipal Code” by title and waive further reading with an amendment to raise Foster City minimum wage to $18.71 beginning 30 days after the second reading, adjusted annually by the percentage increase to the maximum rent allowable for very low below market rate apartments.

Motion by Councilmember Hindi, seconded by Mayor Awasthi, and failed by roll call vote, 2-1-1, Councilmember Sullivan voted “no”, Vice Mayor Froomin abstained, to introduce “An Ordinance of the City of Foster City Adding Chapter 5.73 (Minimum Wage) to the Foster City Municipal Code” by title and waive further reading.

Councilmember Gehani left the room at 7:10 p.m. and returned at 8:56 p.m.

STUDY SESSION
2022 CITY COUNCIL VISION AND POLICY SUMMIT – COMMON THEMES AND KEY POLICY TAKEAWAYS. MINUTE ORDER NO. 1831.

Interim Deputy City Manager Phan presented the staff report.

Discussion ensued.
8 Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1831, to receive and accept the report.

RECREATION CENTER PROJECT UPDATE – COMMUNITY SURVEY, DESIGN OPTIONS, AND FUNDING OPTIONS. MINUTE ORDER NO. 1832.

Interim Deputy City Manager Phan presented the staff report.

Discussion ensued.

Motion by Vice Mayor Froomin, seconded by Councilmember Sullivan, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1832, to:

1. Accept the Recreation Center and Parks System Survey results, confirming staff has satisfied City Council’s interest in validating programming and usage assumptions;

2. Direct staff to proceed with the “build-to-budget” option for the Recreation Center in an amount not-to-exceed $55 million; and

3. Direct staff to proceed with utilizing $36 million from the Capital Asset Acquisition and Replacement Fund and $19 million from the General Fund Reserves for the total not-to-exceed budget of $55 million for rebuilding the Recreation Center.

Meeting recessed into study session at 8:57 p.m. and reconvened at 10:51 p.m.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 10:51 p.m. 9 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF FEBRUARY 7, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of February 7, 2022 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Richa Awasthi.

Pursuant to Governor Newsom’s Executive Order N-29-20, as amended through Order N-08-21, the meeting was held as a teleconference meeting.

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

PRESENT: Councilmembers/ex officio Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi.

ABSENT: None.

STAFF PRESENT: Kevin Miller, Interim City/District Manager, Benjamin Stock, City Attorney/District Legal Counsel; Jennifer Phan, Interim Deputy City Manager; Edmund Suen, Finance Director; Marlene Subhashini, Community Development Director; Maria Saguisag-Sid, Human Resources Director; Louis Sun, Public Works Director; Robert Marshall, Fire Marshal; Mark Lee, Police Lieutenant; Rob Lasky, IT Manager; Yelena Cappello, Deputy City Clerk; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PROCLAMATION RECOGNIZING FEBRUARY 2022 AS BLACK HISTORY MONTH.

Mayor Awasthi presented a proclamation recognizing February 2022 as Black History Month to Bill Stewart, member of the Foster City Black Residents Association, Alexis Lewis, representing Island United Church and the NAACP San Mateo Branch, and Jim Lawrence, former Mayor of Foster City.
10 PUBLIC
Ann Lee addressed the City Council via email regarding the Geese Mitigation Plan.

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

City/EMID Consent Calendar

1. Minutes of Regular Meeting of January 18, 2022;

2. City Resolution No. 2022-8, “Approving the Purchase of Traffic Signal Poles, Mast- Arms, and Luminaire Arms for the New Traffic Signals at Various Locations Project (CIP 301-681) from Azco Supply, Inc. in the Amount of $244,320.78;”

3. City Resolution No. 2022-9, “Approving an Agreement with Koff & Associates, a Division of Gallagher Benefit Services, Inc., in the Amount Not to Exceed $60,390 for Compensation Study Services;”

4. EMID Resolution No. 3633, “Approving an Agreement with Koff & Associates, a Division of Gallagher Benefit Services, Inc., in the Amount Not to Exceed $60,390 for Compensation Study Services;”

5. Cancel the July 5, 2022 and September 6, 2022 Regular Meetings of the City Council/EMID Board of Directors of the City of Foster City/Estero Municipal Improvement District;”

6. Minute Order No. 1833, “By Minute Order, Approve Foster City Council Liaisons List, Dated February 7, 2022;” and

7. Minute Order No. 1834, “By Minute Order, Appoint Caroline Grafft (representing Hudson Pacific Properties) as Business Member of the Levee Bond Oversight Committee to Replace Business Member Krista Dixon (representing Hudson Pacific Properties).”

ITEMS REMOVED FROM CONSENT CALENDAR
AGREEMENT WITH URBAN PLANNING PARTNERS INC. FOR THE PREPARATION

OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE UPDATE OF THE

HOUSING AND SAFETY ELEMENTS OF THE GENERAL PLAN AND
APPROPRIATING $380,912 FOR THE EIR CONSULTING SERVICES – CITYWIDE – EA2021-0004. CITY RESOLUTION NO. 2022-10.

Without objection from the City Council, Mayor Awasthi removed this item from the Consent Calendar at the request of Councilmember Sullivan and took it out of agenda order.

Community Development Director Subhashini presented the staff report. 11 Discussion ensued.

Motion by Councilmember Sullivan, seconded by Vice Mayor Froomin, and carried unanimously by roll call vote, 5-0-0, adopting City Resolution No. 2022-10, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute an Agreement with Urban Planning Partners Inc. for the Preparation of an Environmental Impact Report (EIR) to Meet the Requirements of the California Environmental Quality Act for the Update of the Housing and Safety Elements of the General Plan and Appropriating $380,912 in the General Plan Maintenance Fund Account Number 128- 0845-419-4251 for the EIR Consulting Services – Citywide – EA2021-0004.”

PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL FOR BIDS FOR THE SPORT COURT RESURFACING PROJECT (CIP 301-701).

Without objection from the City Council, Mayor Awasthi removed this item from the Consent Calendar at the request of Councilmember Gehani and took it out of agenda order.

Councilmember Gehani referenced Fair Political Practices Commission Regulations 18702.2(a)(6) and (a)(7) and recused himself due to owning property within 500ft of the proposed project location, and the project involving construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the parcel will receive new or improved services that provide a benefit or detriment disproportionate to other properties receiving the services.

Motion by Vice Mayor Froomin, seconded by Councilmember Sullivan, and carried by roll call vote, 4-0-0, adopting City Resolution No. 2022-11, “A Resolution of the City Council of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for the Sport Court Resurfacing Project (CIP 301-701).” Councilmember Gehani left the room at 6:53 p.m. and returned at 6:54 p.m.

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

City/District Warrants of Demands were Processed and Issued on January 5, January 13, 2022, and ACH were Processed on January 5, January 13, 2022.

COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,

AND CITY/DISTRICT MANAGER REPORTS
Interim City/District Manager Miller stated the first Budget Study Session will be held on February 28 at 6:30 p.m. He reported that the City Attorney has received the Title Report from Mariner’s Point on ownership and stated it is currently being reviewed. 12 Councilmember/Director Sullivan requested to re-agendize the minimum wage item, and the City Council agreed to agendize the item. He stated he attended the Parks and Recreation Committee meeting on February 1, City/Council Association of Governments (C/CAG) Bike/Pedestrian Committee Meeting on January 27, and Congestion Management & Environmental Quality Committee (CMEQ) on January 31. He stated he also met with the Superintendent of the San Mateo-Foster City School District on February 7.

Councilmember/Director Hindi stated he also met with the Superintendent of the San Mateo-Foster City School District on February 7 and shared two highlights: 1) Bowditch’s Science and Drama buildings will be renovated with Measure X funds and 2) Turf will be added to Foster City Elementary. On February 2, he attended the SFO Roundtable meeting (SFORT) and was appointed Chair. He reported that there will be a special SFORT meeting on February 10 to discuss NIITE/HUSSH Departure procedure.

Councilmember/Director Gehani attended the San Mateo County Libraries JPA Governing Board meeting on February 7 and gave two highlights from the meeting: 1) The board received a 2021 fiscal year end report and mid-year financial report and 2) the library will be equipped with a maker space.

Vice Mayor/Vice President Froomin attended the Youth Advisory Committee (YAC) meeting on February 2 and stated they discussed a book drive and logistics for the spaghetti feed. He stated he met with the developer and owner of Lincoln Centre on February 3 (Tour Gateway of Pacific, SSF – BMR), and suggested that the City consider making the building process more expeditious.

Mayor/President Awasthi attended the Council of Cities virtual meeting on January 28 where they discussed express lanes. She encouraged everyone to visit smcexpresslanes.org to learn more about the San Mateo 101 Express Lanes. She stated she attended the City/Council Association of Governments (C/CAG) orientation on February 4.

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

1. Public Employee Appointment (Government Code §54957) Title: City Manager; and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 7:20 p.m. and reconvened at 8:35 p.m.

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

ADJOURNMENT
13 Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 8:35 p.m.
14 DATE: February 22, 2022

TO: Mayor and Members of the City Council

FROM: Kevin Miller, Interim City Manager
Jennifer Phan, Interim Deputy City Manager

SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH RENNE

PUBLIC LAW GROUP (DBA, RENNE PUBLIC POLICY GROUP)

TO PROVIDE LEGISLATIVE ADVOCACY AND GRANT

WRITING SERVICES

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute the First Amendment to the agreement with Renne Public Law Group (dba, Renne Public Policy Group (RPPG)), in the amount of $156,000 for an extended two year term, for both state legislative advocacy services as well as state and federal grant writing and consulting services.

EXECUTIVE SUMMARY

RPPG has been proactively tracking legislation on behalf of Foster City since January 2021, keeping the City engaged by providing detailed policy and political analysis on several state and federal legislative proposals.

Tremendous efforts have been made to advance the City’s public policy advocacy positions on priority bills.

Staff’s recommendation is to maintain the momentum and build upon the foundation that has been built in this past year. It is particularly important to provide for a two-year extension to the existing agreement with RPPG to ensure consistency and continuity in the City’s representation on the state- level. RPPG would continue to monitor and provide reports to the City, 15 advocate on the City’s behalf on specific legislation, and as an added service, help identify potential grant opportunities that align with the City's Vision/Mission and Strategic Value/Priority Areas, and assist in the grant writing aspect.

The proposed First Amendment would extend the term of the original agreement with RPPG by an additional 24 months, at a flat fee retainer of $6,500 per month for a total of $78,000 per year, otherwise $156,000 over a two-year period. The agreement with RPPG (including the initial year) in sum will not exceed a total of $205,999.

BACKGROUND

In September 2020, City Council expressed interest in taking a proactive approach in engaging with the State, not only on housing legislation, but also other legislation of interest to Foster City. City Council emphasized the need for the City to be actively involved with what is happening in Sacramento and for the City to adopt an advocacy position on legislation early on in the process by engaging with lawmakers.

In October 2020, RPPG had presented an overview of their firm and the lobbying services that they offer to the Land Use Subcommittee. On December 7, 2020 state lawmakers held a one day “organizational” session where lawmakers introduced 185 new pieces of legislation that they planned to pursue in 2021.

Pending the slew of legislation anticipated in the coming year, the then City Manager approved a one-year agreement with RPPG on January 15, 2021 (Attachment 4). The original agreement amount was within the City Manager’s purchasing policy limits. RPPG is a full-service lobbying and consulting practice firm based in Sacramento that strives to advance the policy interests of public agencies. RPPG had also previously helped Foster City broker the negotiations with the California Public Employees Retirement System (CalPERS) that led to the San Mateo Consolidated Fire Authority’s ability to receive CalPERS benefits.

RPPG has been instrumental in assisting the City of Foster City strengthen its legislative advocacy arm this past year. In 2021, RPPG monitored and/or engaged on 519 pieces of state legislation as well as multiple updates, and engagement on federal issues specific to COVID-19 relief and the Federal Infrastructure package. From those 519 pieces of State legislation, RPPG 16 actively engaged on 52 of those measures to assess specific applicability to the City including drafting memos, providing legislative analysis, advising City staff, meeting with state lawmakers, their staff, drafting state and federal position letters, etc.

In total, Foster City officially positioned on 13 pieces of state legislation.

RPPG was able to successfully advocate for the desired outcome on/or secured significant amendments on 11 of those measures. Most notably, RPPG was also successful in advancing a primary legislative priority for the City – the signing of Foster City’s first piece of sponsored legislation, Assembly Bill 1029 (Mullin), which recognized the “preservation of affordable housing units” to the list of “prohousing local policies” that entitle jurisdictions priority access for state housing funds.

Services provided by RPPG are detailed in the 2021 End of Year Report (Attachment 5), in addition to a recap on efforts currently underway for the 2022 legislative session and RPPG’s initial assessment of eligible grant funding opportunities.

ANALYSIS

The objective in pursuing legislative advocacy is the keep the City Council, City staff, and residents abreast of proposed legislation that may have potential to impact the City. Legislative advocacy is predicated on raising awareness and providing education to all those alike. Sustained, consistent review and legislative tracking is critical given the volume of measures introduced in a legislative year. The guiding motivation in securing an advocate for the City is to assess and advise based on the current political climate, and to assist with navigating the state and federal apparatus. While there is no guarantee that a sustained effort will lead to success on one particular issue of importance; a lack of a sustained effort will lead to state polices that will remove local decision making and/or create new financial, legal, or operational challenges for Foster City.

A key element to the success of any consultant-client relationship is the rapport and familiarity established between the parties over time. Unlike other consultant relationships that are typically created for a specific project and with a defined end date, legislative advocacy consultant relationships are intended to extend over a much longer period. This is the reason City staff is recommending an amendment to the existing agreement with RPPG. The agreement with RPPG is an example of the effectiveness of a successful, 17 long-term consultant-client relationship. This longevity is invaluable as the legislative advocacy consultant becomes intimately familiar with the City's needs and desires. The consultant can then become even more effective in representing those interests.

In addition, RPPG also has existing relationships with other local clients, including the Cities of Belmont, Menlo Park, Mountain View, Redwood City, and Towns of Atherton and Hillsborough – to name a few. This broadens their depth and understanding of the region, which, directly and indirectly, can help further Foster City’s interests.

As further detailed in the proposal from RPPG (Attachment 3), the scope of work and implementation for legislative advocacy services includes:
Legislative Review, Tracking, and Advocacy
Participate and Advise in Annual Legislative Strategic Planning Explore Potential Funding Opportunities, General Fund and Competitive Grant Programs
Representation
Frequent Communication
Relationship Building
Education Tour
Targeted Engagement with Statewide Local Government Association and Local Agency Partners
Developing Foster City’s State Legislative Platform (Optional) Although a legislative platform and formal policy was not adopted this past year, this option remains open for City Council consideration and would be a component in the scope of work for this agreement. A legislative platform is a set of guiding principles that reflects the overarching ideals and vision of the City Council. Should the City develop a legislative platform, it would then enable staff to swiftly respond to proposed legislative that affects Foster City, while aligning with and/or defending the principles of the City Council-adopted legislative platform.

In addition to the legislative advocacy services, what differs in the proposal for the First Amendment is the inclusion of grant writing services. RPPG conducts continuous and comprehensive research, keeping their clients informed of upcoming grant opportunities, especially those that are in areas of special interest to the City (i.e., environment/climate resiliency, infrastructure projects, housing, etc.). RPPG will also provide grant writing and project 18 management services, from start to finish of the proposal development process. This includes the preparation of funding abstracts, project narratives, and required forms and attachments.

City staff is recommending grant writing services be added as a component of the First Amendment. This is having heard City Council’s interest in a more concerted effort in seeking out different funding sources (that may provide the City a tangible return on investment), as well as having recognized that the City alone does not have the internal resources to perform this function internally. Not only will working with the same legislative advocacy firm build capacity for staff to proactively pursue grants, but staff is also confident in RPPG’s ability to provide such services, given existing knowledge and understanding of the City’s priorities, allowing them to better identify and effectively advocate for grant funding.

As further detailed in the proposal from RPPG (Attachment 3), the scope of work and implementation for grant writing services includes:
Project Management
Funding Opportunity Research
Strategic Planning
Collaborative Approach
Capacity Building
Quality Control

FISCAL IMPACT

RPPG had provided two separate pricing models for consideration. One is a flat fee for both services whereas the other is a flat fee retainer for lobbying services with a per-grant fee schedule. City staff is proposing the First Amendment be structured under a combined flat fee for both state legislative advocacy and grant writing services as it would be more advantageous in the long-term – both in a cost savings perspective and to provide flexibility in the number of grants/the amount being pursued. Under a combined flat fee, RPPG has extended its offer of preserving the previous retainer amount (as an “existing” client), translating into a savings of $12,000 annually.

If approved, RPPG will continue providing state legislative advocacy services plus grant writing services to the City for a flat fee retainer of $6,500 per month for a total of $78,000 per year, otherwise $156,000 over a two-year period. The First Amendment will extend the term of the agreement by an 19 additional 24 months, a two-year term beginning March 1, 2022 through February 29, 2024. The agreement with RPPG (including the initial year) in sum will not exceed a total of $205,999. This would be consistent with City’s Purchasing Policy which sets a guideline that the City should endeavor for agreement terms of at least three (3) years for perpetual, ongoing services.

Funding is available and recommended to be utilized from the Community Benefits Fund, Account No. 005-0110-413-4251.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This action aligns with the City’s Vision and Mission statements by taking efficient actions that enhance neighborhood livability and quality of place for current and future generations. Specifically, this item is directly related to the project/initiative under the "Smart Planning, Development, and the Local Economy" Value/Priority Area with the key outcome to develop a legislative advocacy arm for Foster City that advances City Council’s policies and goals.

Attachments:
Attachment 1 – Resolution
Attachment 2 – First Amendment
Attachment 3 – Renne Public Policy Group Proposal
Attachment 4 – Renne Public Policy Group Agreement (dated January 15, 2021)
Attachment 5 – Renne Public Policy Group End of Year Report (dated January 3, 2022)
20 RESOLUTION NO.____________

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

AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE

AGREEMENT WITH RENNE PUBLIC LAW GROUP (DBA, RENNE PUBLIC POLICY GROUP (RPPG)), IN THE AMOUNT OF $156,000 FOR AN EXTENDED TWO-YEAR

TERM, FOR BOTH STATE LEGISLATIVE ADVOCACY SERVICES IN ADDITION TO

STATE AND FEDERAL GRANT WRITING AND CONSULTING SERVICES

CITY OF FOSTER CITY
WHEREAS, a priority for Foster City is to take efficient actions that enhance neighborhood livability and quality of place for current and future generations, specifically through development of a legislative advocacy arm for Foster City that advances City Council’s policies and goals; and
WHEREAS, Renne Public Policy Group (RPPG) is a full-service lobbying and consulting practice firm based in Sacramento that strives to represent the policy interests of public agencies, and those organizations who align with public entities; and WHEREAS, RPPG provides its clients with a keen understanding of California’s evolving legislative and political landscape, which is critical when making policy, legal and operational decisions; and
WHEREAS, the City had entered into an agreement with RPPG on January 15, 2021, in the amount of $49,999 for State Legislative Advocacy Services for an initial one year or 12 month term; and
WHEREAS, since then RPPG has been instrumental in assisting the City strengthen its legislative advocacy arm, proactively tracking legislation and keeping the City engaged by providing detailed policy and political analysis on several state and federal legislative proposals; and
WHEREAS, tremendous efforts have been made to further the City’s public policy advocacy positions on priority bills, and most notably, advance the signing of Foster City’s first piece of sponsored legislation, Assembly Bill 1029 (Mullin); and WHEREAS, extending the existing agreement with RPPG will ensure consistency and continuity in the City’s representation on the state-level, allowing the firm to be more effective when advocating for the City’s interests now having the intimate knowledge of the City's needs and desires; and WHEREAS, there has been a growing interest to make a more concerted effort to seek out grant funding opportunities, and the City is confident in RPPG’s ability to provide such services.
21 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute the First Amendment to the agreement with RPPG in an amount of $156,000 to extend the term of the agreement by an additional two years or 24 month, for a total agreement amount not-to-exceed $205,999, for State Legislative Advocacy Services & State and Federal Grant Writing Services.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 22 nd day of February, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
22 OAK #4882-1491-9428 v11

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT WITH RPPG
THIS FIRST AMENDMENT TO THE AGREEMENT (“First Amendment”) is entered into as of this March 1, 2022, by and between the City of Foster City, a public body corporate and politic, hereinafter called “City” and Renne Public Law Group (dba Renee Public Policy Group (RPPG)) hereinafter called “Consultant.” City and Consultant shall be referred to individually as “City” or “Consultant” or “Party” or collectively referred to as “Parties.”

RECITALS
WHEREAS, on January 15, 2021, City and Consultant entered into a Professional Services Agreement (“Agreement”) whereby Consultant was to provide State Legislative Advocacy Services at a monthly flat rate of $4,000 for a not to exceed amount of $49,999, pursuant to the terms of the Agreement; and
WHEREAS, the term of the Agreement was for twelve months; and WHEREAS, the Parties desire to extend the term of the Agreement by an additional 24 months; increase the compensation by an additional $156,000 and amend the Scope of Services to include additional grant writing services.

TERMS
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the Parties agree as follows:

1. Amendment.
(a) Section C(1), Services. Exhibit A, “Scope of Work for State Legislative Advocacy Services” to the Agreement shall be deleted and replaced with the Exhibit A, “Scope of Work”, attached hereto and hereinafter incorporated by reference. (b) Section C(2), Term; Termination. The first paragraph shall be deleted and replaced to read as follows:
“The term of this Agreement will be for a period of 36 months from the Effective Date.” (c) Section C(3) Compensation; Expenses; Payment. Section C(3) shall be deleted and replaced to read as follows:
“CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s monthly flat fee retainer during the time of the performance of said services. A copy of CONSULTANT’s monthly rate for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached 23 OAK #4882-1491-9428 v12
hereto and by this reference incorporated herein. Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of Two Hundred Five Thousand Nine Hundred Ninety-Nine Dollars ($205,999.00) for the term of Agreement. Invoices for amounts in excess of $6,500.00 per month shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by CITY Manager.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and or cost/expense items billed.”
Exhibit B shall be deleted and replaced with Exhibit B, “Consultant’s Fee Schedule” attached hereto and hereinafter incorporated by reference.

2. Except as modified by this First Amendment, the Agreement shall remain in full force and effect.
[SIGNATURES ON NEXT PAGE]
24 OAK #4882-1491-9428 v13
IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by themselves or their duly authorized representatives as of the date first above written.

CITY OF FOSTER CITY
By:

Richa Awasthi, Mayor
By:

Jonathan V. Holtzman, Managing Partner
RPPG
ATTEST:

By:

Priscilla Schaus, City Clerk
APPROVED AS TO FORM:

By:

Benjamin L. Stock, City Attorney
25 OAK #4882-1491-9428 v14

EXHIBIT A

SCOPE OF WORK
The scope of work for legislative advocacy services includes:
Legislative Review, Tracking and Advocacy: Track, review and analyze any introduced and amended legislation and regulatory proposals. Advocate on legislation, regulatory proposals of interest and any state budget issues impacting the organization.

We consult and develop strategic documents, draft policy position, regulatory and budgetary letters, customized priority legislative tracking matrix, budget analysis, and background papers to ensure the City is informed and its voice is heard by policymakers and stakeholders.
Participate and Advise in Annual Legislative Strategic Planning: RPPG understands the importance that establishing a proactive strategy plays in our client’s overall success.

RPPG will work with the City to help develop the organization’s annual and multi-year legislative strategic plan.
Explore Potential Funding Opportunities, General Fund and Competitive Grant Programs: The Newsom Administration has prioritized increased wildfire preparedness, affordable housing, transportation/infrastructure rehabilitation and other capital improvement projects. Identifying and effectively advocating for appropriate grant funding provides a tangible return on investment from working with a Sacramento legislative advocacy firm. For the 2022-23 budget development cycle, Governor Newsom is focusing on one-time investments with a historic $31 billion budget surplus that address five core policy areas: fighting the COVID-19 pandemic, combating the climate crisis, confronting homelessness, addressing the cost of living, and keeping our streets safe.
Representation: Represent the City at policy-related meetings, conferences, events, regulatory proceedings, legislative hearings, and other appropriate venues to deliver comments, testimony, and provide the City with a consistent presence in Sacramento.

RPPG representatives already attend all League legislative briefings and work closely with League lobbyists and staff.
Frequent Communication: At RPPG, we want to make sure our clients are fully informed. RPPG representatives go well above and beyond by providing comprehensive written updates monthly, and supplement that with a bi-weekly check-in with city staff via Zoom, where we review legislation and brief them on the latest issues and developments. RPPG representatives are also available, when needed, to brief City staff or council on emerging issues, current legislation, or enacted policies. Relationship Building: RPPG will build off the City’s strong reputation and will continue to foster relationships with legislators and administration officials. Our firm will make meeting recommendations, schedule arrangements, and strategize on messaging in advance. This approach ensures that we have laid the groundwork for your bill proposals 26 OAK #4882-1491-9428 v15
year over year.
Education Tour: Using the City’s legislative priorities, RPPG is prepared to conduct an education tour in the Capitol to drive awareness on the issues that matter to you most.

This will ensure that the appropriate communication channels with legislative staff and legislators remain open throughout the 2021-2022 legislative session and beyond. Targeted Engagement with Statewide Local Government Association and Local Agency Partners: Our proven working relationship with the League of California Cities, California State Association of Counties, California Special District’s Association, the California Fire and Police Chiefs’ associations, and other statewide local government advocacy organizations will ensure that RPPG can communicate the City’s policy positions—and when appropriate, work in a blended strategy to achieve success. (Optional) Developing Foster City’s State Legislative Platform: Having clear objectives is key to identifying potential threats, effectuating change and achieving success. If the City would like to further explore adopting a formal legislative platform, RPPG will work with the City to develop clear legislative priorities. Note: It is not required to have an adopted legislative platform.

The scope of work for grant writing services includes:
Project Management: RPPG will provide grant writing and project management services, from start to finish of the proposal development process. This includes the preparation of funding abstracts, project narratives, and required forms and attachments.

The grant writer will convene a “kickoff” meeting for each project and will outline expectations for all staff involved in preparing the application, including a projected time commitment for each City staff member. RPPG will develop a strategic work plan for the development of a proposal, take the lead in scheduling meetings, and work to obtain relevant information from stakeholders.
Funding Opportunity Research: RPPG conducts continuous and comprehensive research, keeping clients informed of upcoming grant opportunities. The City of Foster City will receive a monthly “Funding Opportunities Catalog” documenting current and cyclical grant programs from federal agencies, state agencies, and private foundations.

Targeted research is available on an “on-call” basis.
Strategic Planning: RPPG works directly with organizational leadership teams to identify funding and service gaps to inform grant-seeking activities. RPPG schedules annual “deep dive” meetings with clients to focus on key priorities for the upcoming year and then uses those priorities to develop a “Funding Opportunities Assessment” to guide the organization’s grant-seeking activities.
Collaborative Approach: RPPG utilizes a collaborative grant writing process to put together highly competitive proposals. Skilled consultants understand that leveraging the subject matter expertise of our clients is critical to success. RPPG uses cloud-based document sharing services to enable real-time feedback from clients throughout the 27 OAK #4882-1491-9428 v16
proposal development process.
Capacity Building: “Grant readiness” is a critical element of success. RPPG will prepare and provide in-house trainings for your organization to support grant-seeking and administrative activities at the staff level.
Quality Control: Prior to submitting a grant application, RPPG’s grant writer will review the contents of each form, check for typographical or grammatical errors, and ensure that all required components for a complete proposal are included in the application package.
***
28 OAK #4882-1491-9428 v17

EXHIBIT B
CONSULTANT’S FEE SCHEDULE
Due to the demands of the legislative calendar, RPPG does not bill on an hourly basis for legislative advocacy work. Therefore, the monthly flat fee retainer amount of $6,500 per month for a total of $78,000 per year shall be assessed for services outlined in Exhibit A. Retainer amount does not include expenses related to travel. However, no additional expenses shall be incurred without prior client approval. In no circumstances shall this contract exceed a total of $205,999 for the term of the Agreement.
29 Proposal for State Legislative Advocacy and Grant Writing Services City of Foster City
Renne Public Law Group, LLP [DBA Renne Public Policy Group (RPPG)] Dane Hutchings, Managing Director
1100 11th Street, Suite 231
Sacramento, CA 95814
[email protected]
(916) 230-6935
ATTACHMENT 3
30 Table of Contents

I. Cover Letter

II. Firm Overview and Summary

III. Scope of Services

IV. Proposed Team and Team Background

V. The RPPG Approach

VI. Client References and Examples of Work Performed

VII. Proposed Pricing Options

31 Cover Letter

Kevin Miller
Interim City/District Manager
610 Foster City Blvd.

Foster City, CA 94404

Dear Mr. Miller,

On behalf of Renne Public Law Group [DBA: Renne Public Policy Group (RPPG)], we are pleased to submit for your consideration an updated proposal for both state legislative advocacy and grant writing services for the City of Foster City (City). Renne Public Policy Group (RPPG) is a full- service state lobbying and consulting practice that advocates for the best in terest of public entities and those organizations who align with public entities. We do so effectively and efficiently, without compromising on ethics or integrity. RPPG is a division of Renne Public Law Group (RPLG), founded by Louise Renne, the City of San Francisco’s elected City Attorney for 16 years. RPPG provides our clients with a keen understanding of California’s evolving legislative and political landscape, which is critical when making policy, legal and operational decisions. We are rooted by Louise’s reputation for uncompromising ethics, excellence, innovation, and advocacy for local government. Over the past 12 months we have had the honor of representing the City here in Sacramento.

Our work with Foster City officially began January 15, 2021, at the start of the 2021 -2022 legislative session. As detailed further in t his proposal, RPPG hit the ground running, working hand in hand with the City to provide clarity on issues with play -by-play information, drafting memos, providing information on dozens of Executive Orders, vying for increased CARES Act and ARPA dollars, working to stop revenue clawbacks and providing detailed policy and political analysis on dozens of state and federal legislative proposals of interest to the City.

The ongoing COVID -19 global pandemic has fundamentally shifted the way that legislative advocates must engage to effectively represent their clients. Simply put, clients must adapt to ensure their interests are protected. They cannot rely on an old playbook to yield positive results.

This is why we feel it is so important that the City partners with a firm that can provide a uniquely tailored wraparound service approach with its strengths rooted in policy, political and process expertise, as well as a true passion for local government. As you will see in this proposal, our firm continues to grow by adding senior level professionals who have devoted their careers to supporting local government and their partners —in a shar ed goal of improving communities across California.

However, despite the ongoing challenges that will no doubt linger throughout much of 2022, we are proud of the work our team was able to accomplish in the year that we have been engaged with the City. Most notably, our team was successful in advancing legislative priorities for the City, such as the signing of Foster City’s first piece of sponsored legislation, AB 1029 (Mullin). We 32 Jon Holtzman, Founding Partner
Renne Public Law Group, LLP ©

look forward to the opportunity to continue to grow our partnership and potentially expand our service offering into 2022 and beyond.

Dane Hutchings, RPPG’s Managing Director will continue to act as the Project Manager and primary contact for this proposal. Dane may be reached at (916) 974-9270 and is located at 1100 11th Street, Suite 200 -231, Sacramento, CA. As the founding partner of our firm, Jon Holtzman has the authority to negotiate on behalf of and bind the firm in an agreement. Jon may be reached at (415) 848 -7200 and is located at 350 Sansome Street, Suite 300, San Francisco, CA.

Regards,

CC: Jennifer Phan, Interim Assistant City Manager
Marlene Subhashini, Community Development Director

Dane Hutchings, Managing Director
Renne Public Policy Group, A Division of Renne
Public Law Group, LLP ©

33 Firm Overview and Summary

Effective March 1, 2018, the well -established law firm Renne Sloan Holtzman Sakai LLP, Public Law Group (of 17 years) divided into two separate firms, one of which is Renne Public Law Group, LLP (RPLG). Specifically, as part of the firm’s separation, RPLG was required to obtain a new federal tax ID number.

Advocating in the local government space is our passion. Each member of our proposed team has a strong background representing and or serving in California local government. This experience makes us uniquely qualified to serve the City.

RPPG specializes in the following services:
• State legislative, administrative, and
regulatory advocacy
• Public affairs and communications
• Grant writing and revenue sourcing
• Federal legislative tracking and analysis
• Public sector retirement and OPEB advisory
services
• Strategic planning and counsel
• Coalition-building and grassroots campaigns
• State procurement

Firm Resources
RPLG and RPPG have a combined team of 40 legal and legislative professionals comprised o f attorneys, lobbyists, senior advisors as well as administrative, legislative, and operational support staff. A full list of our team members can be found on the RPPG and RPLG websites. We have two offices, located in San Francisco and Sacramento, respectively.

As detailed throughout this proposal, the RPPG lobbying and grant writing practice area is led by our Managing Director, Dane Hutchings (current Project Manager) who has nearly 15 years of direct legislative experience. He is supported by two seasoned legislative advocates Alyssa Silhi and Sharon Gonsalves. Jake Whitaker serves as the firm’s manager of grant writing and research.

RPPG’s group of Policy and Strategic Advisors support our clients’ overall advocacy strategy by providing unique and experienced perspectives on the real-world impacts of pending legislative, regulatory and administrative proposals—leveraging their experience for the betterment of our clients.

RPPG Current Client List and Conflicts Check (as of January 28, 2022) RPPG operates with the highest level of transparency, ethics, and standards. As such, we are providing the City with a full list o f our current lobby and/or political consulting clients. As a boutique firm and a newly established practice area, our success stories will continue to grow as we continue to grow our business. At present time, RPPG currently represents the following clients in either direct legislative/administrative advocacy and/or political consulting:

• City of Bakersfield
• City of Belmont
• City of Carlsbad
• City of Corona
• City of Menlo Park
• City Clerks Association of California
• GovInvest Inc.
• Interwest Consulting Group
34 • City of Eastvale
• City of Foster City
• City of Mountain View
• City of Redwood City
• City of Santa Rosa
• City of Westlake Village
• City of Greenfield
• City of Rio Vista
• San Bernardino Community College District
• San Diego County Regional Airport Authority
• The California Public Private Alliance
• Town of Atherton
• Town of Hillsborough

Scope of Services

Our proposal for consideration provides for both state legislative advocacy services as well as state and federal grant writing and consulting services. We propose to provide regular written and verbal communications to the City Council and staff to ensure th at the City is up to date on our advocacy efforts, individual tasks, and timelines for meeting milestones. Regular communication is a critical part of helping the City stay informed and involved throughout the entire state budget and legislative processes.

Legislative Advocacy Scope and Implementation

• Legislative Review, Tracking and Advocacy: Track, review and analyze any introduced and amended legislation and regulatory proposals. Advocate on legislation, regulatory proposals of interest and any state b udget issues impacting the organization . We consult and develop strategic documents, draft policy position, regulatory and budgetary letters, customized priority legislative tracking matrix, budget analysis, and background papers to ensure the City is informed and its voice is heard by policymakers and stakeholders. • Participate and Advise in Annual Legislative Strategic Planning: RPPG understands the importance that establishing a proactive strategy plays in our client’s overall success. RPPG will work with the City to help develop the organization’s annual and multi -year legislative strategic plan.
• Explore Potential Funding Opportunities, General Fund and Competitive Grant Programs:

The Newsom Administration has prioritized increased wildfire preparedness, affordable housing, transportation/infrastructure rehabilitation and other capital improvement projects. Identifying and effectively advocating for appropriate grant funding provi des a tangible return on investment from working with a Sacramento legislative advocacy firm. For the 2022 -23 budget development cycle, Governor Newsom is focusing on one -time investments with a historic $31 billion budget surplus that address five core p olicy areas:
fighting the COVID -19 pandemic, combating the climate crisis, confronting homelessness, addressing the cost of living, and keeping our streets safe.

This budget proposal includes numerous competitive grant programs that align with the City’s priorities, including $757 million for investments in new park space, $100 million for urban and community forestry and urban greening, $500 million for the Infill Infrastructure Grant 35 Program, $300 million for the Affordable Housing Sustainable Com munities Grant Program, $750 million for the Active Transportation Program, and $400 million for climate adaptation projects for transportation infrastructure. Regardless of the funding source , RPPG is well positioned to work with City staff to review gran t applications, arrange meetings with relevant agency personnel and provide unique insight as to how different revenue can be used to meet local match requirements, which at times, can prove to be a significant challenge for public agencies who need to be creative with the limited resources at hand.

Should the city wish to engage in full grant writing and research, RPPG’s Manager of Grant Writing and Research is fully equipped to provide those services to the City. Additional details specific to grant writing service can be found in the following section. • Representation: Represent the City at policy -related meetings, conferences, events, regulatory proceedings, legislative hearings, and other appropriate venues to deliver comments, testimony, and provide the City with a consistent presence in Sacramento. RPPG representatives already attend all League legislative briefings and work closely with League lobbyists and staff.
• Frequent Communication: At RPPG, we want to make sure our clients are fully informed.

RPPG representatives go well above and beyond by providing comprehensive written updates monthly, and supplement that with a bi -weekly check-in with city staff via Zoom, where we review legislation and brief them on the latest issues and developments. RPPG representatives are also available, when needed, to brief City staff or council on emerging issues, current legislation, or enacted policies.
• Relationship Building: RPPG will build off the C ity’s strong reputation and will c ontinue to foster relationships with legislators and administration officials. Our firm will make meeting recommendations, schedule arrangements, and strategize on messaging in advance. This approach ensures that we have laid the groundwork for your bill proposals year over year. • Education Tour: Using the City’s legislative priorities, RPPG is prepared to conduct an education tour in the Capitol to drive awareness on the issues that matter to you most. This will ensure that the appropriate communication channels with legislative staff and legislators remain open throughout the 2021-2022 legislative session and beyond. • Targeted Engagement with Statewide Local Government Association and Local Agency Partners: Our proven workin g relationship with the League of California Cities, California State Association of Counties, California Special District’s Association, the California Fire and Police Chiefs’ associations, and other statewide local government advocacy organizations will ensure that RPPG can communicate the City’s policy positions—and when appropriate, work in a blended strategy to achieve success.
• (Optional) Developing Foster City’s State Legislative Platform: Having clear objectives is key to identifying potential threats, effectuating change and achieving success. If the City would like to further explore adopting a formal legislative platform, RPPG will work with the City to develop clear legislative priorities. Note: It is not required to have an adopted legislative platform.

36 Below is a detailed timeline that outlines how and when we would implement our workplan.

Specific dates and deliverables are subject to change should the Legislative calendar be modified.

Date Action Deliverable/Goal
Upon
Contract
award –
March
2022
Collaborate with the City of Foster City’s staff to develop City’s Legislative Policy Guidelines and annual legislative advocacy plan to guide our efforts during the legislative session.

Foster new and established relationships with Legislators and key Administration officials shortly after contract commencement. Our firm will make recommendations
for meetings, schedule arrangements, and strategize on
the messaging in advance.

Develop sponsored bill ideas and an advocacy strategy
that identifies legislative champions and key
stakeholders, including coordination with other
municipalities and organizations with similar legislative objectives.

Legislative Platform and
Advocacy plan

Develop target list of
key policy committee
staff, the executive
branch, and other key
elected officials for
engagement

Introduction of
sponsored bills

Upon
Contract
award –
March
2022
Identify and secure authors for sponsored legislation.

Develop language and supporting materials for
these legislative proposals.

Develop a clear communication plan, including a
regularly scheduled conference call, along with
written reports.

Devise a matrix for timely reporting of bills relevant to the City.

Meet with policy and fiscal committee staff
and/or Administration or Executive Branch staff
to build an understanding and support for
sponsored legislation.

Review Governor’s January Budget proposal.

Build a coalition for
sponsored bills

Draft fact sheets,
background materials,
talking points, and
other materials as
needed

Legislative Tracking
Matrix

Detailed budget report
37 March-
Sept. 2022
Meet with potential opposition to understand and
mitigate potential concerns about bills relevant to the City.

Draft letters of support, opposition, and/or
amendments to address our concerns.

Track and analyze proposed new laws and regulations;
and provide general advocacy on legislation important to the City. This includes proactive information-gathering that keeps the City up to date on relevant state
agency/department regulations and administrative
policies.

Monitor budget process for potential
positive/negative impacts. Engage when needed.

Testify in policy committees on bills for which City
of Foster City has an active position, or recruit
and prepare City personnel to testify where
appropriate.

Develop recommended
positions on legislation
and state
budget proposals

Usher sponsored bills
successfully through
legislative process

Produce regular
legislative reports

Negotiate with
authors and sponsors
to resolve concerns or
stop bills where
resolution is not
possible

Bill position letters
and televised
testimony

Sept.-
December
2022
Meet with Administration to ensure both support
and opposition concerns are accurately conveyed.

Draft end of session report providing progress on
legislative activities, results on targeted
legislation.

Seek Governor’s
signature/veto, as
appropriate

Annual Report

Grant Writing Scope and Implementation

• Project Management: RPPG will provide grant writing and project management services, from start to finish of the proposal development process. This includes the preparation of funding abstracts, project narratives, and required forms and attachments. The g rant writer will convene a “kickoff” meeting for each project and will outline expectations for all staff involved in preparing the application, including a projected time commitment for each City staff member. RPPG will develop a strategic work plan for t he development of a proposal, take the lead in scheduling meetings, and work to obtain relevant information from stakeholders.

38 • Funding Opportunity Research: RPPG conducts continuous and comprehensive research, keeping clients informed of upcoming grant op portunities. The City of Foster City will receive a monthly “Funding Opportunities Catalog” documenting current and cyclical grant programs from federal agencies, state agencies, and private foundations. Targeted research is available on an “on-call” basis.

• Strategic Planning: RPPG works directly with organizational leadership teams to identify funding and service gaps to inform grant-seeking activities. RPPG schedules annual “deep dive” meetings with clients to focus on key priorities for the upcoming year and then uses those priorities to develop a “Funding Opportunities Assessment” to guide the organization’s grant-seeking activities.

• Collaborative Approach: RPPG utilizes a collaborative grant writing process to put together highly competitive proposals. Skilled consultants understand that leveraging the subject matter expertise of our clients is critical to success. RPPG uses cloud -based document sharing services to enable real -time feedback from clients throughout the proposal development process.

• Capacity Building: “Grant readiness” is a critical element of success. RPPG will prepare and provide in -house trainings for your organization to support grant -seeking and administrative activities at the staff level.

• Quality Control: Prior to submitting a g rant application, RPPG’s grant writer will review the contents of each form, check for typographical or grammatical errors, and ensure that all required components for a complete proposal are included in the application package.

Implementation Plan

Activity Deliverable Duration
“Deep dive” meetings with
department heads.

Funding Opportunities Assessment
and compiled meeting notes.
3 weeks
Bi-weekly meetings with the City’s
designated point(s) of contact to track
progress on grant-seeking activities.

Distribution of an updated Grant
Activities Report after each meeting.
1 hour,
Recurring
Notification of funding opportunities
relevant to the City’s priorities and
needs.

Distribution of monthly Funding
Opportunities Catalog and emails to
relevant City staff throughout the
month when new funding
opportunities are posted.

Continuous
Grant Writing and Project
Management services.

Completion of all assigned tasks and
submission of grant applications.

Continuous
Grant Administration reporting and
technical assistance.

Completion of all assigned tasks and
submission of required reports.

Continuous
39 Proposed Team and Team Background

Dane Hutchings, Managing Director— Foster City Project Manager RPPG proposes that Dane Hutchings, a registered lobbyist with the State of California, serve as Project Manager and primary contact for City of Foster City. In this capacity, Dane will direct the City’s legislative focus and priorities. He will represent t he City in meetings with the State Legislature, state agencies, applicable boards and commissions, and the Governor’s office. Specific activities include but are not limited to, testifying on behalf of the City in all applicable legislative policy committees, regulatory boards and commissions and working directly with the Bay Area legislative delegations and Office of the Governor. Dane, with assistance from RPPG legislative and advisory staff, will conduct legislative review, analysis, and technical expertise in all policy areas important to City of Foster City to provide full policy and political counsel.

As project lead, Dane will ensure transparent communications and information sharing with City staff. Dane’s approach and established relationships hav e proven successful in both advancing beneficial legislative efforts as well as stopping legislation detrimental to clients.

APPLICABLE EXPERIENCE: AT A GLANCE
• Nearly 15 years of Legislative Advocacy and Public Affairs Expertise • Former Federal Policy Liaison and Lobbyist, League of California Cities • Strong Council Relations Background
• Proven Ability to Advance Polices Related to Housing, Transportation, and Public Sector Retirement
• Strong Relationships with Key Legislative, Administrative and Executive Officials

More About Dane:

For nearly 15 years, Dane Hutchings has been advocating for the best interests of both public and private entities. He is a seasoned legislative advocate and political strategist with a keen understanding of the California political process and landscape. Dane brings a unique understanding of California local government operations, service delivery methods and revenue sources.

As the head of the Renne Public Policy Group, Dane has been successful in advancing pol ices in several areas of importance including housing, revenue and taxation, homelessness, and wildfire response for RPPG clients. On behalf of the RPPG clients, Dane has worked with Members both inside and outside of the districts his clients reside to a dvance a number of critical pieces of legislation including; Assemblymember Jesse Gabriel (D, Encino) to advance a housing measure that permits cities, counties, and special districts to collaborate with their respective school districts to construct work force housing projects [AB 3308 , Chapter 199, Statutes of 2020], Assemblymember Phil Ting (D, San Francisco) in creating the first statewide RV safe parking program [AB 2553, Chapter 147, Statutes of 2020] and newly -elected Senate Majority Leader, 40 Mike McGuire (D, Healdsburg) to advance Senate Bill (SB) 1441 [Chapter 179, Statutes of 2020], which provided an extension on the Local Prepaid Mobile Telephony Services Collections Act.

These funds can be directly applied to a City’s homelessness services program.

Prior to leading the Renne Public Policy Group, Dane worked for the League of California Cities as a Legislative Representative and Federal Policy Liaison. He acted as the key strategist, advisor and advocate on issues including areas labor relations polic ies, privacy and technology, governmental transparency, workers’ compensation, and other issues related to local government operations.

As the Federal Policy Liaison, Dane worked across multiple policy areas of importance to local government, including transportation, environmental, public safety, infrastructure, and housing policy. In conjunction with the National League of Cities, Dane a dvocated for increased funding for State CDBG funding and other federal programs local agencies rely upon. Dane regularly provided both written and verbal reports to the League’s Board of Directors, Policy Committees, and dozens of individual city councils across California on state and federal policy. Upon his departure from the League of California Cities, Dane received a career achievement award for his “…leadership, dedication and tenacity in advancing the quality of life for all California cities.”

As a lobbyist for the California Grocers Association, Dane represented over 350 independent grocery store operators and supplier companies. In 2014, working with environmental organizations, California-based manufactures, and local agencies in a broad -based coalition of support to successfully advance the Nation’s first statewide ban on single -use plastic bags while securing millions in funding to help California manufactures with operational transition [SB 270 (Padilla) Chapter 850, Statutes of 2014].

Dane’s direct experience in public affairs provides a distinctive approach on how an effective issue-based “inside -outside” communications/advocacy strategy can support legislative priorities by providing political cover for legislators as well as the Governor’s office. Dane ‘cut his teeth’ working as an Account Executive and Government Relations Advocate at Ogilvy —a premier and influential multi-national public affairs and advocacy firm. Dane engaged in multiple issue-based campaigns specifically designed to support legislative strategies for both public and private sector clients ranging from the California High Speed Rail Authority to California Office of Traffic Safety, Community College League of California, California Earthquake Authority, and the Department of Water Resources.

In 2011, Dane was asked to join the strategy and communications team for the Government of Mexican, under the direction of the Secretaria De Turismo, Dane worked with national and international publications, private companies, and government officials to spur international travel and promote international trade and economic development opportunities.

41 Alyssa Silhi, Director of Government Affairs
Alyssa Silhi, a registered lobbyist with the State of California, is proposed to serve as a legislative advocate and secondary contact for Foster City. In this capacity, Alyssa will work in collaboration with the Project Manager, to represent the City in meetings with the State Legislature, state agencies, applicable boards and commissions, and the Governor’s office. Alyssa will also, review and track legislation, provide analysis and leverage her close working relationships with legislative members, staff, policy consultants and agency officials to advance the City’s legislative priorities.

APPLICABLE EXPERIENCE: AT A GLANCE
• Over 15 years of Governmental Affairs and Public Relations Experience • Former Legislative Representative, California Special Districts Association • Strong Policy Background in Local Government Issues
• Proven Relationship, Key Partnership, and Coalition Builder • Demonstrated Ability in Navigating the State Budget Process

More About Alyssa:

For over 15 years, Alyssa Silhi has been advancing statewide policies for the public good, from healthcare and K -12 education to public health, public safety, and local government. She is a proven strategist with a reputation for balancing tenacity and effectiveness with strong ethics and skillful communication to get the job done. As an experienced Councilmember and special district Board member, Alyssa brings a unique understanding of the nuance of local agency operations to advocating for issues important to local government.

Prior to joining the Renne Public Policy Group, Alyssa was a Legislative Representative fo r the California Special District’s Association (CSDA). In that capacity, she was the lead advocate and strategist on policy and fiscal proposals relating to the environment – including climate adaptation and resiliency, wildfire mitigation and preparednes s, CEQA, water and wastewater, energy/utilities, transportation – as well as emergency response and disaster preparedness and relief, public works and public contracting. While there, she formed strong working relationships with key administrative appointees and staff within divisions of the California Natural Resources Agency (CNRA), State Water Resources Control Board (SWRCB), Governor’s Office of Emergency Services (CalOES), and the Governor’s Office of Planning and Research (OPR) as well as within the Department of Finance (DOF), legislative budget committees, and key legislative offices.

On behalf of special districts, Alyssa worked closely with CSDA’s federal policy liaison to create a nationwide coalition to lobby congress for access to COVID -19 relief funding. That effort led to federal language that specifically allowed states to share their funding with special districts.

Alyssa used that federal authority to advocate for access to COVID -19 relief funding at the state level and spearheaded the effort that successfully obtained direct state funding relief specifically for special districts impacted by COVID -19 response by securing a $100 million General Fund 42 allocation. Alyssa played a critical role within the local government coalition that secured $1 billion in COVID-19 funding for water and wastewater arrearages and just under $300 million in direct arrearage funding for publicly owned utilities for electric utility arrearage funding.

After special districts were overlooked in initial Public Saf ety Planned Power Outage (PSPS) funding, Alyssa worked with CalOES, DOF, and legislative budget leaders to secure $20 million in competitive grant funds through the state budget process for special districts with critical infrastructure to prepare for the consistent delivery of services during a PSPS event. Alyssa also successfully fought to protect the special district exemption in the Surplus Land Act, navigating strong legislative pressures and initial guidelines from the California Department of Housing and Community Development (HCD) that would have usurped their local authority.

Alyssa’s prior experience in governmental affairs includes working for several highly esteemed Sacramento contract lobbying and consulting firms and as policy staff for a pr ominent public health non-profit research and advocacy organization. In these positions, she worked on issues important to quality of life in communities, including K-12 public policy; public health policy with a direct nexus to nutrition, transportation, the environment, and land use; public safety; and healthcare. She has wide-ranging experience advocating for policy change within the legislature, administration, and before state agencies and commissions, providing in depth analysis, navigating the budget process, leading statewide grassroot s campaigns, building coalitions, interfacing with local electeds, organizing statewide lobby days and events as well as producing internal and external strategic communications for publication, and advocacy purposes.

Sharon Gonsalves, Director of Government Affairs
RPPG proposes that Sharon Gonsalves, a registered lobbyist with the State of California, serve as a legislative advocate for Foster City. In this capacity, Sharon will work in collaboration with the Project team, to represent the City in meetings with the State Legislature, state agencies, applicable boards and commissions, and the Governor’s office. Sharon will also, review and track legislation, provide analysis and leverage her close working relationships with legislative members, staff, p olicy consultants and agency officials to advance the City’s legislative priorities.

APPLICABLE EXPERIENCE: AT A GLANCE
• 15 years of Legislative Advocacy and Capitol Staff Experience • Strong Policy Background in Natural Resources, Housing and Transportation • Proven Success in Navigating State Budget Process
• Former Senior Legislative Staff for Multiple State Officials

More About Sharon:

Sharon has spent her career advocating for legis lative and funding priorities of municipalities throughout California —bringing over fifteen years of state legislative and local government 43 advocacy experience to the City’s advocacy team. Specializing in the complex legislative process, Sharon has a proven track record of leveraging her strong relationships in the Capitol, Administration, and key government agencies to advance the goals of her clients. Sharon has expertise in the policy sectors of housing, transportation, local governance, and natural resources both as a former legislative staff member and as a local government lobbyist.

Spending nearly a decade working in both houses of the State Legislature, Sharon has a unique understanding and experience in navigating the State’s complex budget pr ocess. She has been able to l everage her relationships within the California Legislature to secure California State Budget earmarks—providing local fire districts and police departments much needed funding for those communities.

Sharon served as Legisla tive Director for State Senator Anthony Cannella (Senate District 12).

Senator Cannella served as Vice Chair of the Senate Transportation and Housing Committee and the Natural Resources Committee. During Senator Cannella’s tenure, Sharon was instrumental in negotiating on major statewide environmental and transportation issues important to the District, including Proposition 1, the water bond of 2014 and SB 1, the Road Repair and Accountability Act of 2017, which increased transportation funding and institu ted some much - needed reforms. SB 1 provided the first significant, stable, and on -going increase in state transportation funding in more than two decades. During her time as a legislative staffer, Sharon developed and maintained an extensive bi -partisan network of relationships with Members of the California Legislature.

Prior to joining RPPG, Sharon was a Senior Associate at Townsend Public Affairs representing a number of local public agency clients—specializing in those from severely disadvantaged regions of California. Sharon has helped secure millions of dollars for critical infrastructure and public safety improvements. She has also worked with Congressional and federal agency officials to advance the funding priorities of her clients.

In her work advocating for local governments, Sharon has built excellent relationships with key Legislators and staff from the transportation committees as well as at the California Transportation Commission. Those relationships have proven to be helpful in the purs uit of funding from the Active Transportation Program (ATP), State Transportation Improvement Program (STIP), State Highway Operation and Protection Program (SHOPP) and Local Partnership Program (LPP). Sharon has also worked closely with a wide variety of communities, to access SB 2 planning funds from the Department of Housing and Community Development (HCD).

44 Jake Whitaker—Manager: Grant Writing and Research
RPPG proposes Jake Whitaker to act as the City’s Grant Writing Advisor.

Under the direction of the Project Manager and as needed, Jake will assist and advise the City on strategies for obtaining available funds. Jake’s unique ability to tell the story of p ublic agencies and non -profits has resulted in several successful and highly competitive grant applications He will give the proposed team an edge in assisting the City accomplish their goals.

APPLICABLE EXPERIENCE: AT A GLANCE
• Secured millions of state and federal dollars for local public agencies • Secured multiple competitive grant applications
• Strong background in program design and evaluation
• Board Member for the Woodland Joint Unified School District More About Jake:

Jake Whitaker is RPPG’s Man ager of Grant Writing and Research. With a proven track record of bringing millions of state and federal dollars for local public agencies, Jake first discovered his passion for grant writing while assisting a colleague with an emergency shelter grant on a tight deadline. Jake’s unique ability to tell the story of public agencies and non -profits has resulted in several successful and highly competitive grant applications. These awards include the Economic Development Administration's Public Works and Econom ic Adjustment Assistant program, the CA Volunteers AmeriCorps program, the Board of State and Community Corrections’ (BSCC) Justice Assistance Grant and Youth Reinvestment Grant, the Bureau of Justice Assistance’s (BJA) Justice and Mental Health Collaboration grant and the Swift, Certain, and Fair Supervision grant, and the Office of Emergency Services’ (CalOES) the Transitional Housing (XH) Program, Elder Abuse (XE) Program, Emergency Shelter (KE) Program, Violence Against Women Vertical Prosecution (VV) Program, and the Victim Advocacy in Detention Facilities (KA) Program.

Jake recently worked with the EDA on two successful project proposals: one to build a wastewater treatment plant for the City of Twentynine Palms, which has historically relied solely on septic tanks, and another for San Bernardino Community College District to create a new workforce training center.

Jake initially developed his skills as a grant writer working for the Yolo County District Attorney’s Office, giving him a strong background in criminal justice funding. He developed a specialization in obtaining funding for programs that provide alternatives to traditional prosecution using restorative justice, enhance services for victims of crime, and address the intersection of poverty, mental health, and addiction with the criminal justice system. After discovering his passion for grant writing, Jake accepted a position with California Consulting, one of the largest grant writing firms in the state, to broaden his skillset and gain expe rience working with a variety of different types of clients. Jake recently joined RPPG’s team to begin building a grant writing practice to augment the firm’s service offerings, with the goal of providing a highly individualized, client - centric consulting practice.
45 Jake has worked as a consultant with numerous municipal governments, including the Cit ies of Manteca, Mountain View, Twentynine Palms, Redwood City, La Habra, and the City of Needles.

Jake serves as the primary point of contact between the firm and the EDA’s regional California offices and has prepared a comprehensive tutorial for the firm’s grant writers on how to prepare applications for infrastructure funding through the Public Works program. He prioritizes high quality service, collaboration, and effective communication in all his consulting work.

Jake has experience preparing grant proposals across a wide range o f sectors, including fire department support, wildfire mitigation, public safety, housing, parks and recreation, food insecurity, workforce development, economic development, education, water infrastructure, and transportation infrastructure. Successful grant applications include:

Client Grant Program Description Award
Amount
San Bernardino
Community
College District
College Fellowship
Program
Creating a new program that will provide
community college students with the
opportunity to earn a living stipend for
performing 450 hours of community
service project work.
$3,266,03
San Bernardino
Community
College District
EDA Public Works
(Amended
Project)
Construction of a workforce training facility
for the Economic Development and
Corporate Training (EDCT) division.
$3,000,000
City of
Twentynine
Palms
EDA Public Works Construction of a wastewater treatment plant for the City of Twentynine Palms to
enable future economic development.
$2,217,668
Yolo County
District
Attorney’s
Office
Justice Assistance
Grant – Statewide
Competition
Expansion of a diversion program for adults
that uses a combination of restorative
justice practices and case management
services to address underlying crime
drivers.
$2,100,000
Fourth and
Hope
Transitional
Housing (XH)
Program
Creating a new transitional housing
program for homeless victims of crime,
done in collaboration with local criminal
justice system stakeholders.
$1,500,000
Yolo County
District
Attorney’s
Office
Justice and
Mental Health
Collaboration
Program
Expansion of Mental Health Court program
to double capacity from 15 participants to
30 participants.
$750,000
46 Foundation for
the Los Angeles
Community
Colleges
Los Angeles
County CARES Act
Funding
Implementation of a program to address
food insecurity for community college
students impacted by the pandemic.
$696,877

RPPG Strategic Advisors
With 2,000 or more pieces of legislation introduced by the California Legislature each year, it is critical that our clients have a complete understanding of the potential impacts that these measures may have on their agencies. Our Policy Advisors are a de dicated team of municipal policy experts, seasoned legislative advocates and former high-ranking local agency staff that will provide a holistic policy and political perspective to best position the City for success.

Under the direction of the Project Ma nager, RPPG proposes the following team of Policy and Strategic Advisors for the City of Foster City state legislative advocacy and advisory team:
• Dan Carrigg, former League of California Cities Deputy Executive and Legislative Director

Dan Carrigg—Senior Advisor: Policy and Legislative Strategy RPPG proposes that former League of California Cities, Deputy Executive and Legislative Director Dan Carrigg, act as City of Foster City’s Policy and Legislative Advisor. Under the direction of the Project Manager, Dan will analyze, and draft legislation as well advise the City on strategies for engagement. Dan’s distinguished career and relationships with Administrative agencies, policy committee chairs and consultants will be leveraged to complement the City’s advocacy strategy.

APPLICABLE EXPERIENCE: AT A GLANCE
• 30 years of Legislative Advocacy Experience
• 25 years Specifically Advocating for Local Government • Strong Relationships with Agency Officials and Policy Committee Members • Seasoned Legislative Advocate and Expert in California’s Legislative, Political, and Budget Process

More About Dan:

Dan Carrigg is a political consultant and thought leader in California public policy directly impacting local government. With extensive experience in legisl ative analysis, strategy, and advocacy, and an excellent reputation for hard work and tenacity, Dan spent nearly 25 years with the League of California Cities —beginning as the League’s housing and land use lobbyist, then holding increasingly responsible ad vocacy roles including both Legislative Director and Deputy Executive Director of this prominent statewide local government organization. Until retiring from the League in October of 2019, Dan supervised the League’s legislative and public affairs program, developed policy, managed the League’s legislative and public affairs teams, drafted 47 and reviewed legislation, reviewed and analyzed ballot measures and testified before the Legislature.

Dan offers RPPG clients a deep policy background and strong politic al acumen on state housing policy, including understanding the Regional Housing Needs Assessment (RHNA) process, issues affecting transit -oriented development, tax increment financing, SB 375, Cap and Trade and other policies. Dan is also familiar with CEQ A and the political challenges associated with past streamlining efforts and has a practical understanding of public contracting and construction projects. Prior to taking on the role as the League’s housing and land use lobbyist, Dan worked as a senior c onsultant for the California State Assembly Housing and Community Development Committee from 1991-1996.

Throughout his career, Dan has worked on many high -profile issues, including representing the League as part of the transportation coalition to pass S B 1. In the past, Dan led the League’s successful negotiations on the Lowenthal/Mullin RHNA reform measures of 2004, that resulted in reduced controversy over this process for over a decade. He was directly engaged in the effort to protect local property tax, sales tax and (Vehicle Licensing Fee) VLF funding via the VLF - property tax swap with the passage of Proposition 1A of 2004. Later, he advocated to secure revenue for local governments in Prop 1B, the 2006 transportation bond, and defeat a legislative effort to take nearly $1 billion in city and county road maintenance funds. He also worked to preserve local authority during the legislative wrangling leading to the enactment and implementation of SB 375 of 2008, which coordinates transportation and land use planning.

More recently, in 2019, Dan worked closely with the Newsom Administration to draft critical elements, including the Local Government Planning Support Grants Program, that offers funding assistance for regions to assist with local housing planning and was i ncorporated into AB 101, a 2019 housing budget trailer bill.

Prior to his work with the League, Dan drew on his background in construction to represent the Department of General Services and the Division of the State Architect on state real estate, construction and public contracting from 1996 -1998, including working to enact design -build contracting authority for state office projects. His career began with a fellowship on the Assembly Desk during the term of former Assembly Speaker Willie Brown.

48 RPPG Proposed State Legislative Advocacy and Advisory Team (Organizational Chart)

The RPPG Approach

At RPPG we strive to be a necessity for our clients, not a luxury. This means finding ways to show true return on investment. However, ‘value’ itself is dependent on the individual needs of the client. Whether it be advancing a beneficial state policy, stopping a piece of determinantal legislation, advocating for increased General Fund or grant dollars —or by providing detailed policy and political information that informs the client. Whatever the need, we pride ourselves on creating a custom approach to each client that we have the honor of representing. We work incredibly hard for our clients because each client that partners with RPPG has placed their trust in us—not just to represent their interests in Sacramento, but to be a trusted messenger of their brand and story.

As detailed by the examples below, we do the work, and we take nothing for granted. While that may sound over simplisti c, in our experience there are a lot of firms that simply rely on their “relationships” to advance their clients’ interests. While relationships are critical, politics is an environment that rewards tenacity and hard work. As we have seen in 202 1, policy proposals can move rapidly, often with little notice or transparency. The RPPG team’s decades of experience provides a unique understanding of the political process. We stay in close contact with state lawmakers, Capitol consultants and legislative staff, and are always watching for new amendments and monitoring the actions of other stakeholders, legislators, and administration officials—so we know what is coming before it surfaces publicly. Staying active, nimble, and persistent allows our team to succes sfully advocate for our client’s interests during this trying time.

However, in this era of uncertainty and confusion stemmed by the COVID -19 pandemic, advocates must stay vigilant in representing their clients. The “halls” of the Capitol remained empty throughout the last nights of the legislative session. This will continue for the foreseeable future.

Dane Hutchings
Managing Director
Alyssa Silhi
Director of Government
Affairs
Dan Carrigg
Senior Advisor, Policy &
Legislative Strategy
Sharon Gonsalves
Director of Government
Affairs
Jake Whitaker
Manager of Grant
Writing and Research
49 Relationships
Relationships are central to every outcome in government affairs, and none more so than direct relationships with Legislators, policy committee consultants, administrative leaders, and the Governor’s office. It is no secret that some of the most aggressive polices being pushed statewide in areas of transportation, environmental, housing, homelessness, and land use come from a contingent of lawmakers from the Bay Area. It is important that the City partner with a firm that has strong ties not only those who represent your City, but those legislators and the Administration that continue to advance these polices.

The RPPG team has a team of seasoned professionals who have served as senior legislative and policy committee staff and have worked for/represented a multitude of statewide local government and private industry associations including the League of California Cities, the California Special Districts Association, California Grocers Association, City Clerks Association of California, and others. We utilize our firms combined legislative, policy committee, gubernatorial and regulatory contacts to advance the interest of our clients.

We are confident in our deep and personal relationships with an overwhelming majority of legislative offices, policy commit tee consultants, as well as, with members of the Governor’s Administration. These relationships have been established not only through our firm’s partners, who have deep ties to the Newsom Administration dating back to when the Governor served in local government—but through each of our team member’s direct work with legislators and staff.

These relationships have been established over time and built upon a strong reputation of being hard working and honest policy brokers.

Building and strengthening alliances are also vital. We will continue to ensure your interests are represented by forming coalitions with like -minded interest groups, including other local governments and important stakeholders, as needed. We also will utilize our close working relationships with a variety of local government organizations, business groups and labor to help the City meet its legislative needs and further its interests. In short, there is simply no substitution for hard work in our business. This is important to highlight as Foster City considers what type of firm, they want looking out for their interests.

Client Engagement and Communication
Communication and access to RPPG staff is a foundational principle in achieving success for our clients—especially in the era of COV ID-19. We like to think of ourselves as an extension of your staff. We have and will continue to provide regular updates on the rapidly changing policies and politics in Sacramento. As an organization looking for an enhanced “on the ground” presence in Sacramento, our team will provide detailed written and verbal communications to ensure that the City is demonstrating to its constituents the value. This is in addition to bi-weekly ZOOM client briefings to brief the City on all matters of importance.

50 Client References and Examples of Work Performed

RPPG is proud of the work we have accomplished for the City of Foster City during our first year under contract. We hit the ground running, working hand in hand with the City to provide clarity on issues with play -by-play information, drafting memos, providing information on dozens of Executive Orders, vying for increased ARPA and CARES Act dollars, working to stop revenue clawbacks and providing detailed policy and political analysis on dozens of state and federal legislative proposals of interest to the City. Additionally, our team worked with Foster City in successfully advocating on 84 percent of the total legislation we were asked to engage on, on behalf of the Cit y including advancing its f irst sponsored piece of State legislation, AB 1029 (Mullin).

Below are additional narratives of client success stories along with direct contact information for other RPPG clients should the City wish to inquire further.

Client: City of Belmont - (Demonstrated Skills: Legislative and Executive Branch Advocacy, Coalition Building, Client Communications, Advancing Priority Legislation) SB 640 (Becker) Transportation Financing: Joint Projects (2021/22 Legislative Session): Since the enactment of Road Repair and Accountability Act of 2017 (SB 1) cities have a new dedicated source of revenue to address their local streets and roads projects. However, under current law, two or more jurisdictions are unable to issue a single bid to address a project of mutual interest (e.g., a throughway that stretches between multipl e cities/counties). On behalf of the City of Belmont, RPPG worked with Senator Becker’s office to carry a piece of legislation that would enable more local flexibility of “SB 1” monies by allowing for a joint project submittal as well as a streamlined reporting requirement to ensure accountability and transparency remained intact.

RPPG strategic Advisor, Dan Carrigg drafted the proposed legislation —working with the client directly to ensure the language addressed their needs. Sharon negotiated with Agency s taff and produced talking points, fact sheet and other support materials and Dane worked to build a coalition of support consisting of the League of California Cities, the American Public Works Association, California Asphalt Pavement Association, and doze ns of municipalities across the state to support the measure.

SB 640 was signed into law on July 16, 2021.

Client Name: City of Belmont
Client Contact: Afshin Oskoui, City Manager
Phone Number: 650-595-7408
Email: [email protected]
Years Performed: 2020 – Ongoing work

Client: City of Carlsbad - (Demonstrated Skills: Legislative and Executive Branch Advocacy, Client Communications, Stopping Detrimental Legislation)
AB 500 (Ward) Local Planning: Coastal Development (2021 Legislative Session): Early in the legislative process AB 500 was a bill that would have authorized the California Coastal 51 Commission to facilitate the preservation and creation of housing affordable to lower and moderate-income households in the Coastal Zone. Later the bill was amended to conduct a study on best practices for deve loping housing in a coastal zone. Many organizations who were originally opposed, including the City of Carlsbad, went to a neutral position on that version of the bill.

With one week before the end of the legislative session , AB 500 was amended once agai n to require local governments in the coastal zone to amend their coastal programs by January 1, 2024. The timeframe provided in the bill would not allow for a city to properly go through the required process of amending a local coastal program. On behalf of the City of Carlsbad, RPPG worked closely not only with the Senate Governance and Finance but also Senators who represent coastal communities to outline concerns with the policy and timing of the bill. Carlsbad led the opposition testimony on the measure and worked with other stakeholders including the powerful building and construction trades to raise awareness on this issue.

On September 9, 2021, AB 500 was placed on the Senate Inactive File and did not advance.

Client: City of Carlsbad
Client Contact: Jason Haber, Intergovernmental Affairs Manager Phone Number: 760-434-2958
Email: [email protected]
Years Performed: 2021-Ongoing

Client: City of Redwood City - (Demonstrated Skills: Legislative and Executive Branch Advocacy, Coalition Building, Client Communications, Advancing Priority Legislation) AB 2553 (Ting) Shelter Crisis (2019-2020 Legislative Session): AB 2553 is a statewide expansion of a limited pilot program (AB 932, Chapter 786, Statutes of 2017) set to expire that would allow all local agencies upon the declaration of a shelter crisis to build temporary shelters for their homelessness population. At introduction, the measure was very limited—simply expanding the current program statewide and did not address concerns specific to Redwood City’s community needs. In response, RPPG was successful in working with the Author’s office to expand the measure to include language that permits 24 hour “safe parking” programs for cars and recreational vehicles on land owned or leased by the City without the risk of creating a tenant/landlord relationship. RPPG also worked directly with the Assembly and Senate Housing committee staff as well as the Republican Caucus and the Newsom Administration to garner bipartisan support to include an urgency clause. This increased the vote threshold from a simple majority vote to a two -thirds vote. However, this allowed the legisla tion to take effect immediately upon the Governor signing the bill.

Given the issue was so critical to Redwood City and the surrounding community, RPPG worked with City staff to engage the community —drafting template “request for signature” letters for different constituencies who were supportive of the bill. These included sample letters customized for specific local businesses, homeless rights advocates, and community activists.

On September 25, 2020 Governor Newsom signed AB 2553.

52 Client Name: Redwood City
Client Contact: Alex Khojikian, Assistant City Manager
Phone Number: (650) 780-7302
Email: [email protected]
Years Performed: 2020 – Ongoing

Initial Assessment: Potential Grant Funding Opportunities

Environment and Energy
Energy Efficiency and Conservation Block Grants
Funding through the Bipartisan Infrastructure Law will resurrect this dormant program through the U.S. Department of Energy, providing $550 million to states, local governments, and tribes for projects that reduce energy use, increase energy efficiency, and cut pollution. The first funding opportunity is expected for release in Fall 2022.

Charge! Program
• Agency: Bay Area Air Quality Management District (BAAQMD) • Eligible Applicants: Public agencies, Private entities, Nonprofit organizations, and Home - Owner Associations. ALL PROSPECTIVE APPLICANTS MUST ATTEND AT LEAST ONE PRE - APPLICATION WORKSHOP.
• Funding Uses : Charging station hardware; Installation, including labor, materials, and necessary electrical upgrades; Permit fees; Hardware equipment to record the kWh dispensed from the charging station.
• Funding Amount: Minimum of $1,000,000, except for projects exclusively located at a multi-unit dwelling which must qualify for a minimum of $10,000. Maximum of $3,000,000 per applicant per fiscal year.
• Deadline: 3/1/2022
Applicants may apply for funding to install qualifying equipment, which includes destination facilities, multi-unit dwelling facilities, transit parking facilities, transportation corridors facilities, workplace facilities, and AB617 facilities. Projects located at multi-unit dwelling, AB617 communities, communities for future AB617 consideration and in regions with lower EV charger density will receive higher prioritization.

More information: https://www.baaqmd.gov/funding-and-incentives/businesses-and- fleets/charge
Infrastructure
Broadband Infrastructure Grant Account
• Agency: Public Utilities Commission
• Eligible Applicants: Entities with a Certificate of Public Convenience and Necessity (CPCN) that qualify as a “telephone corporation,” Wireless carriers who hold a Wi reless Identification Registration (WIR), Non -telephone corporations that are facilities -based 53 broadband service providers. A local government agency may apply if no other eligible entity in that jurisdiction applied.
• Funding Uses: Costs directly related t o the deployment of infrastructure; Costs to lease access to property or for internet backhaul services for a period not to exceed five years; Cost incurred by an existing facility -based broadband provider to upgrade its existing facilities to provide for interconnection.
• Funding Amount: Maximum of $5,000,000.
• Match Requirement: Varies based on project criteria.
• Deadline: Typically, annually on April 1st.

The Broadband Infrastructure Grant Account is one of several subaccounts under the California Advanced Services Fund (CASF). AB 156 provided historic investments in broadband infrastructure, with $300,000,000 transferred to the Broadband Infrastructure Grant Account.

Projects that only deploy middle-mile infrastructure are not eligible for grant funding. For a project that includes middle-mile infrastructure, the Commission is required to verify that the proposed infrastructure is indispensable for accessing last-mile infrastructure.

More information: https://www.cpuc.ca.gov/industries-and-topics/internet-and- phone/california-advanced-services-fund/casf-infrastructure-grant Emergency Response and Disaster Mitigation
Hazard Mitigation Grant Program (HMGP)
• Agency: California Governor’s Office of Emergency Services (CalOES) • Eligible Applicants: State Agencies, Local Governments, Special Districts, and federally recognized Native American Tribes. Applicants must have a FEMA-approved and locally adopted Local Hazard Mitigation Plan (LHMP).
• Funding Uses: Updates to Local Hazard Mitigation Plans; Wildfire Projects; Whole Community Risk Reduction; Large Critical Infrastructure Wildfire Projects; Large Critical Infrastructure Projects for Other Hazard Types; Planning Related Activities; Five Percent Initiative Projects.
• Funding Amount: No maximum or minimum amount.
• Match Requirement: 25% of the total project cost.
• Deadline: Notice of Interest letters can be submitted year-round. NOIs for current funding cycle cutoff is 2/15/2022.

The Hazard Mitigation Grant Program (HMGP) provides funding to address the risk of future natural disasters as part of the response to federally declared disaster codes through FEMA.

Projects should be related to the jurisdiction’s Local Hazard Mitigation Plan (LHMP). If a jurisdiction does not have an LHMP, they are eligible to apply for grant funds to develop one ($150,000 for single jurisdiction plans, $250,000 for multi-jurisdiction plans).

More information: https://www.caloes.ca.gov/cal-oes-divisions/recovery/disaster-mitigation- technical-support/404-hazard-mitigation-grant-program
54 Flood Mitigation Assistance (FMA)
• Agency: FEMA
• Eligible Applicants: Cities, Counties, Special Districts, and federally recognized Native American Tribal Governments.
• Funding Uses: Project scoping activities; Localized flood control infrastructure projects; Floodwater storage and diversion; Floodplain and stream restoration; Stormwater management; Wetland restoration/creation.
• Funding Amount: Maximum of $30,000,000 (national competition). • Match Requirement: 25% of total project costs.
• Performance Period: 36 months.
• Deadline: 12/1/2021 (State Competition); 1/28/2022 (National Competition).

The Flood Mitigation Assistance (FMA) program makes federal funds available to states, U.S. territories, tribal governments, and local communities to reduce or eliminate the risk of repetitive flood damage to buildings and structures insured under the National Flood Insurance Program (NFIP). Local governments in California can apply as subapplicants through the Governor’s Office of Emergency Services or through the federal national competition.

Subapplicants must have a FEMA-approved Local or Tribal Hazard Mitigation Plan by the application deadline and at the time of obligation of grant funds for the project. Structures identified in the subapplication must have an NFIP policy in effect at the application start date and must maintain it through completion of the mitigation activity and for the life of the structure. FEMA funds cannot support projects that have already started the construction phase.

More information: https://www.caloes.ca.gov/cal-oes-divisions/hazard-mitigation/pre-disaster- flood-mitigation
Coastal Conservancy Grants
• Agency: Costal Conservancy
• Eligible Applicants: Public agencies, Non-profit organizations, and federally-recognized Native American tribes.
• Funding Amount: No maximum or minimum amount.
• Deadline: Ongoing
Each year, the Coastal Conservancy provides grants for projects that restore and protect the California coast, increase public access to it, and increase communities’ resilience to climate change. Grants are awarded through a standing pre-proposal solicitation and through scheduled grant rounds with specific submission deadlines.

More information: https://scc.ca.gov/2019/10/08/grant-application-and-award-process/ Parks and Recreation
State Park Program (SPP)
55 • Agency: California Department of Parks and Recreation • Eligible Applicants: Counties, Cities, Regional Park Districts, Open-Space Authorities, Joint Powers Authorities, Nonprofit organizations.
• Funding Uses: Acquisition of land combined with development of a new recreation feature (or already has a recreation feature for public use at close of escrow); Development of recreation features (Aquatic centers, swimming pools, splash pads, fishing piers, or paddling launch sites; Amphitheater/performing arts stages; Athletic fields; Athletic courts; Community gardens, botanical or demonstration gardens and orchards; Dog parks; Jogging and walking loops, par courses, running tracks; Non- motorized trails, pedestrian/bicycle bridges; greenbelts/linear parks; Outdoor gym exercise equipment; Open space and natural areas for public recreation uses; Picnic/Bar-B-Que areas; Playgrounds and tot lots; Plazas, zocalos, gazebos; Public art displays; Skate parks, skating, rollerblading or, ice rinks, and BMX or pump tracks; Lighting to allow for extended night time use of a recreation feature; Shade structure/covered park areas over a recreation feature to allow for extended day time use); Major Support Amenities (Restroom buildings; Snack Shacks; Parking Lots; Staging Areas; Pathways for Access to a Recreation Feature; Landscaping or Lighting). • Funding Amount: Maximum of $8,500,000 per request, minimum of $200,000. • Match Requirement: No match required.
• Funding Cycle: Funding Cycle 5 Anticipated in FY 21-22 based on state budget.

The State Park Program provides funding to create, expand, or renovate existing parks. All projects must create or renovate at least one recreation feature. Applications where the majority of the total project cost is for a major support amenity will be less competitive.

Projects should create new recreation opportunity(s) as the primary goal. Sites where the half- mile radius has a ratio of more than 3 acres of park space per 1,000 residents and the surrounding community has a median household income above $56,982 are not eligible for grant funding. Refer to the Community FactFinder for information about potential project sites.

More information: https://www.parks.ca.gov/?page_id=29939 Housing
Infill Infrastructure Grant (IIG)
• Agency: California Department of Housing and Community Development (CalHCD) • Eligible Applicants: Cities; Public Housing Authorities; Redevelopment Successor Agencies; Transit Agencies or Transit Operators; Congestion Management Agencies; Joint Powers Authorities; School Districts; Facilities Districts; Universities; Community College Districts; Developers or Program Operators; Special Purpose Entities formed and controlled by the Developer; federally recognized Native American Tribes. • Funding Uses: Creation, Development, or Rehabilitation of Parks or Open Space; Water, Sewer, or Other Utility Service Improvements; Street, Road, and Bridge Construction 56 and Improvement; Structured Parking; Transit Linkages and Facilities; Facilities that support pedestrian or bicycle transit; Traffic Mitigation Measures; Site Clearance, Grading, Preparation, and Demolition necessary for the development; Sidewalk or Streetscape Improvements; Storm Drains, Stormwater Detention Basins, Culverts, and Similar Drainage Features; Environmental Remediation (no more than 50% of the award); Land Acquisition; Soft costs directly related to construction or other pre- development components (no more than 10% of the award); Other Capital Asset costs approved by the Department; Impact Fees (no more than 5% of the award). • Funding Amount: Maximum of $7,500,000 for Qualifying Infill Projects, minimum of $1,000,000 (urban areas)/ $500,000 (rural areas). Maximum of $30,000,000 for Qualifying Infill Areas, minimum of $2,000,000 (urban areas)/$1,000,000 (rural areas). • Match Requirement: No match requirement.
• Funding Cycle: Draft 2022 guidelines released for public comment.

The Infill Infrastructure Grant (IIG) program’s primary objective is to promote infill housing development by providing financial assistance for Capital Improvement Projects that are an integral part of or necessary to facilitate the development of a Qualifying Infill Project or a Qualifying Infill Area. All applications must include a Qualifying Infill Project.

More information: https://www.hcd.ca.gov/grants-funding/active-funding/iigp.shtml Multifamily Housing Program (MHP)
• Agency: California Department of Housing and Community Development (CalHCD) • Eligible Applicants: Local public entities; Individual ventures; Joint ventures; Partnerships; Limited partnerships; Trusts; Corporations; Limited liability companies; Tribal entities; or any combination thereof.
• Funding Uses: Property acquisition; Refinancing existing long-term debt involving a rehabilitation contract; Land lease payments; Construction and Rehabilitation work; Offsite improvements directly related to and required by the Rental Housing Development; Onsite improvements related to the Rental Housing Development; Architectural, appraisal, engineering, legal, and other consulting costs and fees; Development costs of a residential unit reserved for an onsite manager, childcare, after- school care, adult daycare, or social services and health amenities addressing the needs of the tenants; Developer fees; Rent-Up costs; Reasonable carrying costs during construction; Building permits and state and local fees; Capitalized operating reserves and capitalized replacement reserves; Escrow, title insurance, record, and other related costs; Costs for items intended to assure the completion of construction; Environmental hazard reports, surveys, and investigations; Costs of relocation benefits and assistance required by law; Any other costs approved by the Department. • Funding Amount: Calculated per unit based on various factors, such as type of unit and the use of tax credits.
• Funding Cycle: Draft 2022 guidelines released for public comment. 57 The Multifamily Housing Program (MHP) provides financing options to assist the new construction, rehabilitation, and preservation of permanent and transitional rental housing for lower income households. The initial term of the loan shall be 55 years. The MHP loan amount shall not exceed the total eligible costs required.

More information: https://www.hcd.ca.gov/grants-funding/active-funding/mhp.shtml Transit-Oriented Development Program (TOD)
• Agency: California Department of Housing and Community Development (CalHCD) • Funding Amount: Up to $10,000,000 for Rental Housing Development (as a loan); up to $5,000,000 for Infrastructure Projects (as a grant). Combination projects are eligible for up to $15,000,000 ($10M in loan for housing development and $5M in grant for infrastructure projects). The grant amount for infrastructure projects shall be limited to $35,000 per residential unit in the proposed development and $50,000 per restricted unit. The maximum loan amount shall be calculated based on the number of restricted units in the housing development, affordability, unit sizes, location, and the base loan amount.
• Funding Cycle: Anticipated solicitation release in late February, due date in late May.

Rental Housing Development
• Eligible Applicants: Eligible Developer(s) of the proposed Housing Development. • Funding Uses: Property acquisition; Refinancing existing long-term debt involving a rehabilitation contract; Land lease payments; Construction and Rehabilitation work; Offsite improvements directly related to and required by the Rental Housing Development; Onsite improvements related to the Rental Housing Development; Architectural, appraisal, engineering, legal, and other consulting costs and fees; Development costs of a residential unit reserved for an onsite manager, childcare, after- school care, adult daycare, or social services and health amenities addressing the needs of the tenants; Developer fees; Rent-Up costs; Reasonable carrying costs during construction; Building permits and state and local fees; Capitalized operating reserves and capitalized replacement reserves; Escrow, title insurance, record, and other related costs; Costs for items intended to assure the completion of construction; Environmental hazard reports, surveys, and investigations; Costs of relocation benefits and assistance required by law; Any other costs approved by the Department.

Infrastructure Projects
• Eligible Applicants: The Locality in which the proposed Project is to be located, or a public transit agency.
• Funding Uses: The creation, development, or rehabilitation of Parks or Open Space; Water, sewer, or other utility service improvements and relocation; Street, road, and bridge construction and improvement; Required replacement of Transit Station parking spaces (not to exceed $50,000 per space); Transit linkages and facilities; Facilities that 58 support pedestrian or bicycle transit; Traffic mitigation devices; Site clearance, grading, preparation, and demolition; Sidewalk or streetscape improvements; Storm drains, stormwater detention basins, culverts, and similar drainage features; Environmental remediation; Site acquisition or control for the infrastructure project; Other capital asset costs with approval.

An eligible Housing Development for the Transit-Oriented Development (TOD) program must consist of new construction or substantial rehabilitation of residential dwelling units, or the conversion of one or more nonresidential structures to residential dwelling units, with a total of not fewer than 20 such units. Projects must be located within a certain proximity to a Qualifying Transit Station (either one-quarter mile or one-half mile depending on walkable route conditions). At least 15% of the total residential units must meet the criteria of being Affordable Units, and projects must follow minimum net density requirements based on the project location’s designation. Housing Developments may include residential units that are rented and nonresidential uses that are compatible. Infrastructure projects may benefit residential and mixed-use development not included in the Housing Development, but the infrastructure project must be necessary for the development of the identified Housing Development or facilitate connections between the Housing Development and the Qualifying Transit Station.

The Developer(s) and Locality may submit joint applications to apply for both a Rental Housing Development loan and an Infrastructure Project grant for the same qualifying project.

More information: https://www.hcd.ca.gov/grants-funding/active-funding/tod.shtml

Proposed Pricing Options

Outlined below are separate pricing options for services as outlined in the proposal. Please note that any pricing options includes a not-to-exceed annual travel budget of $5,000.00. This is a budgeted set-aside for potential costs associated with travel. No travel related expense shall be made without written client approval.

Proposed Pricing: Flat Free Service Legislative Advocacy and Grant Writing

ITEM NO. DESCRIPTION ANNUAL FEES
1 State Legislative Advocacy Services: As outlined in
scope of work. (reduction of $12,000 annually for
existing clients versus new)
$4,000.00/monthly flat
fee retainer agreement
($48,000.00 annual)
2 Combined State Legislative Advocacy and Grant
Writing (Bundled Package) Bundled package of
legislative consulting and grant writing services
$6,500/month bundled
service ($78,000.00
59 (reduction of $9,000.00 from standalone grant
writing services annually for bundled service
offering)
annual)

Proposed Pricing: Flat Fee Retainer for Lobbying Services with a Per-Grant Fee Schedule ITEM NO. DESCRIPTION ANNUAL FEES
1 State Legislative Advocacy Services: As outlined in
the scope of work. (reduction of $6,000 annually
for existing clients versus new)
$4,500/monthly flat fee
retainer agreement
($54,000.00 annual)
2 Grant Writing Services: The City will be charged for
grant writing services based on the amount of
funding requested in the grant proposal. The
amount of the request is meant to roughly
approximate the complexity in preparing the
proposal.

Depends on service
utilization throughout
the year (would need to
set a not to exceed cap
for the contract that
allows sufficient
flexibility)

Proposed Per-Grant Fee Schedule

Tier Amount of Funding Request Per-Grant Fee
1 Letters of Intent/Inquiry (standalone)
or grants worth $5,000 and below
$500
2 $5,001 to $50,000 $2,000
3 $50,001 to $250,000 $3,000
4 $250,001 to $499,999 $5,000
5 $500,000 to $1,500,000 $7,000
6 $1,500,001 to $5,000,000 $8,000
7 $5,000,001 to $10,000,000 $10,000
8 $10,000,001 or higher $12,000

###
60 1 Updated1/21/2021

PROFESSIONAL SERVICES AGREEMENT
FOR

STATE LEGISLATIVE ADVOCACY SERVICES
This Agreement is made and entered into as of the 15th day of January, 2021 by and between the City of Foster City hereinafter called "CITY" and Renne Public Law Group (DBA, Renne Public Policy Group (RPPG)) hereinafter called "CONSULTANT".

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

A. That CITY desires to engage CONSULTANT to provide professional services on behalf of the CITY;
B. That CONSULTANT is qualified to provide such services to the CITY and; C. That the CITY has elected to engage the services of CONSULTANT upon the terms and conditions as hereinafter set forth.

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

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

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

2. Term; Termination. The term of this Agreement will be for a period of 12 months from the Effective Date.

This Agreement may be terminated by the CITY without cause upon thirty (30) days written notice to CONSULTANT. If the CITY exercises its right to terminate this Agreement in accordance with this paragraph, the CITY shall pay CONSULTANT for all services satisfactorily performed in accordance with this Agreement, through and including the date of termination, but not to exceed the payments according to the rates specified in Exhibit
paragraph 3 of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT
monthly flat fee retainer during
ATTACHMENT 4
61 2 Updated1/21/2021
the time of the performance of said services. A copy of CONSULTANT monthly rate for which services hereunder shall be performed are set forth in CONSULTANT d
hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of forty-nine thousand nine hundred and ninety-nine ($49,999.00) for the term of Agreement. Invoices for amounts in excess of $4,000.00 per month shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by CITY Manager.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and or cost/expense items billed.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Council by motion duly made and carried.

Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

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

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

62 3 Updated1/21/2021

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

9. Relationship of Parties. It is understood that the relationship of CONSULTANT to the CITY is that of an independent contractor and all persons working for or under the direction of CONSULTANT are its agents or employees and not agents or employees of the CITY.

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

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City of Foster City, its Council, boards, commissions, officers, employees or agents caused by, the negligence, intentional tortuous act or omission, or willful misconduct of CONSULTANT, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

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

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

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

12. No Guarantee of Outcome. Any comments made by CONSULTANT about the potential outcome of matters in connection with scope of work (Exhibit 63 4 Updated1/21/2021
A) are expressions of opinion only and are not guarantees or promises about any outcome or results.

13. Insurance. CONSULTANT shall acquire and maintain Wor and non-owned and hired automobile liability, and professional liability insurance coverage relating to CONSULTANTrvices to be performed hereunder covering CITYs risks in form subject to the approval of the City Attorney and/or CITYs Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, shall be as follows:

Insurance Category Minimum Limits

statutory minimum

$1,000,000 per accident for bodily injury
or disease

Commercial General Liability $1,000,000 per occurrence and $1,000,000 aggregate for bodily injury,
personal injury and property damage

Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage
required to the extent applicable to
CONSULTANT in
performing services hereunder)

1Professional Liability $1,000,000 per claim and aggregate

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as an Additional Insured. Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

CONSULTANT agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the s ntractors hired by

1 Note: Professional liability insurance coverage is not required if the CONSULTANT is not providing a service regulated by the state. (Examples of service providers regulated by the state are insurance agents, professional engineers, doctors, certified public accountants, lawyers, etc.) Please check and initial the following if professional liability is NOT required for this agreement. Recommended ______ [Project Manager] Approved _______[Risk Manager]
64 5 Updated1/21/2021
CONSULTANT shall agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement and its accompanying documents. Subcontractors shall further agree to include these same provisions with any sub- subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request.

CONSULTANT shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the CITY prior to commencement of any work by the subcontractor.

Concurrently with the execution of this Agreement, CONSULTANT shall furnish CITY, on the form included as Exhibit D or similar form, with certificates and copies of information or declaration pages of the insurance required hereunder to be included as Exhibit C hereto. With respect to evidence of commercial general liability and automobile liability insurance coverage, CONSULTANT must also include in Exhibit C the following original endorsements::

(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;

(b) Naming the City of Foster City, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and

(c) Providing that CONSULTANT nce coverage shall be
primary insurance with respect to City of Foster City, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by CITY for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of CONSULTANT nd not contributory
with it. CONSULTANT and its insurer may not seek contribution from CITY insurance or self-insurance.

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY, to the extent required by this Agreement, before the CITY self-insurance may be called upon to
protect CITY as a named Insured.

All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named CONSULTANT/Named Insured or CITY.
65 6 Updated1/21/2021

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with sub-subcontractors to the extent that they apply to the scope of the sub- insurance
provisions of this Agreement shall be furnished to any subcontractor upon request.

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

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

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

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

66 7 Updated1/21/2021

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

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

CONSULTANT: Dane Hutchings (Project Manager) 1100 11th
Street, Suite 200-231, Sacramento, CA, 95817
[email protected]

Jonathan V. Holtzman (Managing Partner)
350 Sansome Street, Suite 300, San
Francisco, CA, 94104
[email protected]

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

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

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

20. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the rea s fees and expenses of litigation of the successful party.

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

22. Conflict of Interest. CONSULTANT represents numerous public agencies, nonprofits, and private clients throughout California. Although unlikely, it is possible that certain clients might have certain objectives and policies that are not shared by other clients. For example, a client may support 67 8 Updated1/21/2021
proposed legislation, while another city may be opposed to it. The CITY recognizes this reality, acknowledges that this sort of policy conflict may occur, and agrees that it will not assert a conflict based on these types of policy or legislative disagreements. Nothing in this paragraph shall be construed to diminish or override CONSULTANTs duty to adhere to the Rules of Professional Responsibility, including the rules governing legal conflicts of interest.

23. Entire Agreement. This Agreement, including Exhibits A and B, comprises the entire Agreement.

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

City of Foster City

Dated: _________________________________ Peter Pirnejad, City Manager

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Jean B. Savaree, City Attorney

CONSULTANT

Dated:

Jonathan V. Holtzman Managing Partner,
Renne Public Law Group (DBA Renne Public
Policy Group (RPPG))

68 9 Updated1/21/2021

EXHIBIT A

SCOPE OF WORK
FOR

STATE LEGISLATIVE ADVOACY SERVICES

City of Foster City

Assist with developing and updating the Cits legislative agenda and policy platform in light of legislative trends.

Conduct state, regional, and local policy research; inform the City of relevant policies, develop advocacy materials, and assist the City with local positions on high- priority subjects.

Track state legislation and provide legislative tracking reports regularly to City.

Regularly communicate with the City to assess legislative options, analyze legislation and discuss policy objectives including review and input legislative policy platform and meeting via teleconference periodically with the City sub-committee.

Proactively address legislation, topics or issues that unfold in advance of the legislative session.

Serve as a liaison between the City and State Legislature, Executive Branch or other officials in state government as identified by the authority.

Develop strong working relationships with State Legislature, state agencies, Executive Branch and other key stakeholders.

Raise, discuss, and recommend any affirmative legislative action that may benefit the City, and identify any potential or actual legislative or agency action that may impact the City and region.

Coordinate and collaborate with other municipalities and organizations having similar legislative objectives as the City. Where appropriate, advocate positions on legislation and
interests.

Develop and participate in strategic coalitions with associations and governmental organizations in further legislative agenda as requested.

and a
summary of services provided and measurable results achieved on behalf of the City.

Draft letters, legislative language and talking points or other advocacy materials on legislation as necessary.
69 10 Updated1/21/2021

to members of the
state legislature, executive branch, and other officials in State government as needed.

Testify at the direction of and on behalf of the City at hearings before legislative committees.

Prepare written testimony for city officials who wish to testify before legislative committees.

Conduct at least one in-person briefing in the City per year to the Mayor and City Office.

Develop and implement strategies to best position city to obtain state grant funding for the Cit and programs.

Guide the City regarding submissions of state grant requests, assist in preparation submission, letters of support, and other supporting materials.

Register to lobby, on behalf of the City, with the necessary State officers and agencies, requirements mandated by the Fair Political Practices Commission and any other legal requirements.

Other related duties as assigned

70 11 Updated1/21/2021

EXHIBIT B

CONSULTANT LE

Due to the demands of the legislative calendar, RPPG does not bill on an hourly basis for legislative advocacy work. Therefore, the monthly flat fee retainer amount of $4,000 per month shall be assessed for services outlined in Exhibit A. Retainer amount does not include expenses related to travel. However, no additional expenses shall be incurred without prior client approval. In no circumstances shall this contract exceed a $49,999.00 for the term of the Agreement. 71 2021 END OF YEAR REPORT
City of Foster City
January 3, 2022
Renne Public Law Group, LLP [DBA Renne Public Policy Group (RPPG)] Dane Hutchings, Managing Director
1100 11th Street, Suite 200-231
Sacramento, CA 95814
[email protected]
916.974.9270
ATTACHMENT 5
72 Table of Contents
Transmittal Letter ......................................................................................................................................... 1 2021: Year in Review .................................................................................................................................... 3 RPPG/ City of Foster City Highlights and Achievements in 2021 ................................................................ 4 Legislative Advocacy Success ................................................................................................................... 5 Measures Amended to Significantly Reduce Impacts to the City:.......................................................... 8 Other RPPG Efforts ................................................................................................................................... 9 Client Communication ............................................................................................................................ 10 COVID-19 Specific Ongoing Information ............................................................................................... 10 Looking Ahead: 2022 Legislative Session .................................................................................................. 11 Housing Accountability and Enforcement ............................................................................................. 11 State’s Budget Surplus ........................................................................................................................... 12 Other Anticipated Legislative Proposals Coming in 2022 ..................................................................... 13 Potential 2022 Grant Funding Opportunities ............................................................................................ 13 Environment and Energy ........................................................................................................................ 13 Infrastructure ......................................................................................................................................... 14

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Transmittal Letter

January 3, 2022

To: Marlene Subhashini
Community Development Director
City of Foster City

From: Dane Hutchings
Managing Director
Renne Public Policy Group

Dear Ms. Subhashini,

On behalf of the Renne Public Law Group, LLP [DBA Renne Public Policy Group (RPPG)] I want to thank you and the Foster City, City Council for engaging our firm for state legislative advocacy services. This end of year report provides an overview of the services provided by our firm to the City of Foster City from January of 2021 through the end of the calendar year. Additionally, this report provides a recap on efforts currently underway for the 2022 legislative session and our firms initial assessment of eligible grant funding opportunities.

2021 continued with challenges associated with COVID-19 response and recovery. As detailed further in this report, RPPG continued to work with your staff to provide clarity on issues with play -by-play information, drafting memos, providing information on dozens of Executive Orders, working to stop revenue clawbacks and providing detailed policy and political analysis on dozens of state and federal legislative proposals of interest to the City. Additional ly, our team worked with Foster City staff in assessing viable state grant opportunities . However, despite the ongoing challenges that will no doubt linger throughout much of 2022, we are proud of the work our team was able to accomplish this year both on regional and state issue of importance to the City.

Sustained and consistent review and legislative tracking is critical in assessing the thousands of measures introduced each legislative year. In 2021, RPPG monitored and/or engaged on 519 pieces of state legislation as well as multiple updates, and engagement on federal issues specific to COVID - 19 relief and the Federal Infrastructure package . From those 519 pieces of State legislation, RPPG actively engaged on 52 of those measures to assess specific applicability to the City including drafting memos, providing legislative analysis, advising city staff, meeting with state lawmakers, their staff, drafting state and federal position letters, etc.

In total, Foster City officially positioned on 13 pieces of State legislation. RPPG was able to successfully advocate for the desired outcome on /or secured significant amendments on 11 of those measures.

Most notably, the City of Foster City’s sponsored legislation, Assembly Bill (AB) 1029 which allows jurisdictions to seek state funding opportunities for the preservation of existing affordable housing through the extension of local affordability covenants.

There is still more work to be done, and we certainly do not take this responsibility lightly. If retained in 2022, we will continue to work incredibly hard for the City of Foster City. 74 P a g e | 2

Thank you once again for the opportunity to serve the City o f Foster City . We look forward to continuing our partnership and building off of the success we have achieved.

Sincerely,

Dane Hutchings
Managing Director,
Renne Public Policy Group, a Division of
Renne Public Law Group, LLP ©

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2021: Year in Review
Despite California local government and businesses alike trying to navigate the ongoing COVID-19 pandemic and dealing with declining revenues, the State ’s fiscal cup overflowed in 2021 with a historic budget surplus of nearly $75 billion when factoring direct federal dollars received for COVID- 19 relief. With year around, fire season, persistent drought and surging COVID cases statewide, the California Legislature and Governor Newsom were quick to propose a series of early-action budget items ranging fro m COVID-19 relief, vaccination rollout, to wildfire, water conversation, climate change and broadband funding.

By April, the push by those hoping to recall Governor Newsom from office had successfully garnered the requisite signatures to qualify for the state ballot. The Administration quickly painted the recall effort as a partisan attempt to disrupt the progress being made on several fronts including declining COVID-19 transmission rates, vaccine distribution , COVID economic recovery and other priorities important to California voters.

After having to sideline bills in 2020 due to the COVID-19 pandemic and quite literally running out of time to get legislation to the Governor, lawmakers came back more determined than ever to pass high priority legislation to address the State’s shortage in housing/land use, police reform, and access to broadband.

However, despite the accelera tion of the legislative process, i n May, just days before the annual house of origin deadline, Assembly Speaker Anthony Rendon and Senate President Pro Tem Toni Atkins, announced a 12-bill limit each member could advance throughout the year. In response, RPPG worked diligently to ensure that bills of top priority to the City “made the cut” to continue to advance through the legislative process—including the City’s sponsored piece of legislation.

On June 28th, two days before the Cons titutional deadline of June 30, the Legislature approved a series of budget measures reflecting a total spending plan of $262.6 billion, of which $196.4 billion is from the General Fund, and total General Fund reserves equaling a record $25.2 billion.

Key highlights included:

Housing and Homelessness
• Provides approximately $12 billion in new funding for homelessness programs over the next two years.
• $1 billion in support for local governments to address homelessness in both 2021-22 and 2022-23.
• $300 million General Fund one -time for the Home Safe Prog ram over two years to help combat senior homelessness.
• Includes $380 million one-time for the CalWORKs Housing Support Program over two years to house families in the program and help them avoid eviction.

Natural Resources
• $1.3 billion General Fund one -time to the State Water Resources Control Board (SWRCB), $650 million of which will be available for drinking water projects, $650 million for wastewater projects, $85 million for groundwater cleanup and water recycling projects.
• $1 billion Coronavirus Fiscal Recovery Fund of 2021 to SWRCB for local assistance to forgive residential and commercial customer arrearages and water enterprise revenue shortfalls due to the pandemic.
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• $30 million General Fund one -time to the Coastal Commission for grants related to addressing sea level rise.
• $200 million for parks across the state.

Energy
• The bill includes $2.7 billion in funding for a variety of programs related to zero emission vehicles.

Broadband Infrastructure and Transportation
• $6 billion over a multi-year period for broadband infrastructure and improved access to broadband services throughout the state, including $3.75 billion for middle -mile infrastructure in unserved communities.
• $350 million for the transportation adaptation grant program. • $328 million for a variety of beautification and improvement projects along the state highway system and local streets and roads.

SB 139 Golden State Stimulus II
• This bill appropriates $8.1 billion to provide direct relief to Californians with an income up to $75,000. Depending on filing status, payments of $500, $600, $1,000, or $1,100 will be issued. This payment is in addition to early budget action items approved earlier this year.

On September 10, 2021, the California State Legislature adjourned session for the year before the clock hit 9:00 p.m.—the earliest session has adjourned in recent history. Lawmakers took advantage of the inability for legislative advocates and the public to apply traditional (in-person) pressure as the State Capitol was so heavily restricted from public access. Critical measures in housing, land use, police reform, and carbo n reduction, normally reserved for the waning hours of legislative session were advanced early with little debate.

This unexpected ending capped a legislative session filled with unique developments and continuing surprises for even the most seasoned political insiders, including a record $75 billion budget surplus, a distracting Gubernatorial recall effort, and a resurgent pandemic.

On September 14, Governor Newsom soundly defeated the recall effort with a resounding 62 percent of the 12.8 million votes cast voting not to recall California’s 40th Governor. ###
RPPG/ City of Foster City Highlights and Achievements in 2021 At its core, legislative advocacy is working with individual lawmakers (both within the City’s legislative district and out), committee staff, the Governor’s administration, and regulatory officials to support the City’s policy goals. Equally important, is the ability to work with those same stakeholders to mitigate legal, operational, or fiscal impacts state legislation may have on the City.

Successful legislative advocacy is predicated on raising awareness and education. Being able to empower City Council, staff and by extension its advocacy team, is critical in any effort to advance legislative efforts. In Sacramento, direct advocacy among other aspects ranges from working personally with a legislator, an aide, policy committee staff and the Administration on the wording of a bill, to mobilizing broad coalitions that align with the City’s cause. This includes educating legislators, supporters, and the public about the issue; working with the media; continuously seeking out allies; and being persistent over long periods of time. 77 P a g e | 5

Over time, a sustained legislative advocacy effort will help the City form strong allies. Working with lawmakers and familiarizing them with your concerns often results in lawmakers even outside of a city’s legislative district becom e champions for your specific issues. Establishing personal relationships with legislators both in the City’s legislative district and outside of its district provides the City with credibility needed to have a meaningful impact in the legislative process. While there is no guarantee that a sustained effort will lead to success on one particular issue of importance; a lack of a sustained effort will lead to State polices that will remove local decision making and/or create new financial, legal, or operational challenges for the City of Foster City.

In an effort to drive awareness and to implement a successful legislative advocacy strategy RPPG hit four key performance indicators in the last 11 months under contract with the City of Foster City.

Legislative Advocacy Success
RPPG was able to successfully advocate for the desired outcome on /or secured significant amendments on 11 of those measures. Key highlights are outlined below:
✓ AB 361 (Rivas) Open Meetings: State and Local Agencies: Teleconferences (City Position:

Support): Until January 1, 2024, AB 361 authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M.

Brown Act whe n a legislative body of a local agency holds a meeting during a declared state of emergency. On behalf of the City, RPPG provided a detailed analysis of the bill’s provisions, drafted letters of support for the City as well as provided technical guidance on the bill’s provisions to the Senate Governance and Finance committee as well as the Assembly Local Government. Additionally, we worked with outside stakeholders to assist the California Special District Association’s efforts on building out a large coali tion of support. Given the timing of the looming expiration of the Governors executive order, AB 519
Pieces of Legislation Tracked on Behalf of the City
Legislation, tracked and assessed for impacts on City operational, legal and/or loss of local decision making.
84%
On Legislative Engagement—Making the City's Voice Heard Either achieved the desired outcome or secured critical amendments to dramatically reduce adverse impacts on the City. (11 desired outcome significanlty improved based on RPPG's engagement out of 13 total).
$200K+
In Revenue Protected
From clawbacks due to annual Educational Revenue Augmentation Fund (ERAF) shortfall.
306+
Combined Deliverables and Touchpoints Provided to and on behalf of the City Legislative updates, legislative and budgetary position letters, policy, and political analysis, meetings with City and/or state legislature on behalf of the City. 78 P a g e | 6

361 was amended in the final days of the legislative session to include an urgency clause pushing the vote threshold up from a simple majority to a two-thirds.

On September 16, Governor Newsom signed AB 361 into law. ✓ AB 377 (Rivas) Water quality: impaired waters (City Position: Oppose): As introduced, AB 377 would have required that all surface water in California be swimmable, drinkable, and fishable by 2050. While the intent behind AB 377 is a laudable goal, the cost burden placed on local agency storm water management system would have practically impossible to comply with. The potential cost to the City would have been astronomical.

RPPG worked with Ci ty staff to draft a detailed policy -specific letter outlining the operational and cost challenges associated with compliance. Furthermore, we engaged directly with the Assembly Appropriations committee consultant in getting San Mateo County specific exampl es reflected in committee analysis. Below outlines the specific comments.
“In San Mateo County, the existing TMDLs for polychlorinated biphenyls (PCBs) and mercury will require capital expenditures of $750 million to $1 billion and up to $50 million annually for operating expenditures . The annual funding gap is $35 million before implementation of this bill . This bill will likely add hundreds of millions to the costs of compliance.” [Assembly Appropriations Committee Analysis, Dated May 17, 2021].

This played a significant role in stopping the measure from advancing.

On May 19, 2021, AB 377 was held on the Assembly Appropriations Suspense file. ✓ City of Foster City’s Sponsored Legislation: AB 1029 (Mullin) Housing Elements:

Prohousing Local Policies (City Position: Support) : AB 1029 adds the preservation of affordable housing units through the extension of existing project-based rental assistance covenants to the list of Housing and Community Development Department (HCD)’s “Prohousing” local policies. This will enable Cities including Foster City, that are seeking state funding for housing needs to vie for funds to help further extend local affordability covenants.

Despite being asked to find an author for this bill with less than a week before the legislative introduction deadline, RPPG drafted the bill, found an author to carry it, built out the broad- based support coalition, met with the HCD to address concerns and worked the bill throughout the entire legislative process. Moreover, we provided consistent updates to City staff, drafted City press releases, crafted specific testimony and key talking points for Council and community members throughout the year. It should also be noted that the bill had an urgency clause which pushed the vote threshold up from a simple majority to a two-thirds.

On September 28, 2021, Governor Newsom signed AB 1029 into law. ✓ AB 1401 (Friedman) Residential and commercial development: remodeling, renovations, and additions: parking requirements (City Position: Oppose): This measure would have prohibited a public agency in a county with a population of 600,000 or more from imposi ng a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on residential, commercial, or other development if the 79 P a g e | 7

development is located on a parcel that is within1/2 mile of public transit. RPPG worked with affordable housing advocates and others to form a diverse coalition of opposition to the measure. We also testified in several policy committees on behalf of the City.

On August 27, AB 1401 was held on the Senate Appropriations Suspense file. ✓ SB 6 (Caballero) Local planning: housing: commercial zones (City Position: Oppose) This measure would have deemed certain housing development projects, an allowable use on a neighborhood lot, which is defined as a parcel within an office or retail commercial zone that is not adjacent to an industrial use. The bill would have required the density for a housing d evelopment under these provisions to meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of local jurisdiction, including a density of at least 20 units per acre for a suburban jurisdiction. While the City has been a long -time supporter of affordable housing development, this measure would have had a potentially dramatic impact on economic development for the City. RPPG testified on the City’s behalf, expressed concern with the author and worked with the building and allied trades in an opposition coalition.

On August 23, SB 6 was held in the Assembly Housing and Community Development Committee and did not advance.
✓ SB 556 (Dodd) Street Light Poles, Traffic Signal Poles: Small Wireless Facili ties Attachments (City Position: Oppose): SB 556 would have authorized broadband companies to install “small cell” towers with limit local review on utility poles within a local government jurisdiction. This measure went well beyond the federal regulations on this policy including the capping of discretionary fees and lease terms. With the City in opposition of the measure, RPPG testified on behalf of the City, drafted, and submitted letters of opposition, as well as engaged in negotiations to try and narro w the measures impact. Understanding that the bill was likely heading to the Governor, RPPG began early outreach to the Administration to express concerns on the approach that this policy was going—urging the Administration to veto the measure once it arri ved on the Governor’s desk. Once the measure advanced to the Governor for his consideration, RPPG drafted and submitted a request for veto letter on behalf of the City.

On October 04, 2021, Governor Newsom vetoed SB 556.
✓ SB 617 (Weiner) Residential Solar Energy Systems: Permitting (City Position: Oppose):

SB 617 would have required cities, counties, and city and county, to implement an online, instantaneous automated permitting platform that verifies code compliance and issues permits in real time to a li censed contractor for a solar energy system. On behalf of the City, RPPG provided a detailed analysis of the bill’s provisions and highlighted potential compliance challenges associated with the measure. We also worked closely with City staff to assess new potential compliance issues that had not previously been raised in any of the previous analysis of the bill specific to workers compensation liability . Moreover, our office met with the Author’s office on numerous occasions as well as the Chair of the Senate Appropriations committee to try and broker amendments that would strike the balance of rooftop solar streamlining with the operational and legal challenges the bill would have placed on the City.
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On May 17, 2021, SB 617 was held on the Senate Suspense File and did not advance. ✓ SB 640 (Becker) Transportation Financing: Jointly Funded Projects (City Position:

Support): SB 640, now authorizes multiple jurisdictions to propose projects to be jointly funded by the cities and counties’ apportionments of SB 1 funds (LSRF dollars). RPPG drafted the bill, found an author to carry it, built out the broad -based support coalition.

We engaged on behalf of the City providing working with Senator Becker, meeting with committee consultants, and brokering amendments with Caltrans and CTC. Our firm also built out the support coalition of local jurisdictions across the state. In addition, RPPG drafted a sample “request for support” and “request for signature” letters for the local jurisdictions who were in support of the measure.

On July 16, 2021, Governor Newsom signed SB 640 into law.

Measures Amended to Significantly Reduce Impacts to the City:
❖ AB 215 (Chiu) Planning and Zoning Law: housing element: violations (City Position:

Oppose). This bill was amended twice in the last weeks of session to include significant policy changes that were never properly analyzed or debated in a policy committee.

Earlier versions of the bill attempted to make local governments responsible for actual housing production—tying reasonable progress in all income categories to the Regional Housing Needs Assessment Process. RPPG worked tirelessly on creating a groundswell of opposition to this version of the bill, specifically targeting the Senate Appropriations committee. AB 215 advanced out of the Appropriations committee with all relative progress standards stripped from the bill —a big victory for local agenc ies. However, the bills’ provisions were amended on the Senate floor with only days left in the legislative session. Instead, AB 215 now expands the authority of both the Attorney General (AG) and the Department of Housing and Community Development (HCD) t o sue local governments over a long list of housing laws. From the day the measure was amended, the bill never received another policy or fiscal analysis, yet was voted on by both houses of the legislature and signed by the Governor.

This process highlights the inherent challenges local agencies face when trying to navigate the complexities of the state legislative processes. Despite this new authority given to HCD and the AG, in our assessment, the alternative approach originally prop osed by AB 215 requiring production in all income categories as a condition of a compliant housing element is a far greater intrusion on local discretion and would have fundamentally shifted the element process from a planning document to a production mandate.

On September 28, 2021, AB 215 was signed into law as amended. ❖ SB 9 (Atkins) Housing Development Approvals (City Position: Oppose) Throughout the year, City Council expressed strong concerns on SB 9 as originally drafted . Originally, the bill would h ave allowed 10 units to be built on a parcel where one single -family unit currently sits, would not have exempted historical zones from its provisions and did not require any owner occupancy requirements for duplex conversion or lot splitting. Despite the strong political will to get this measure to the Governor, RPPG was able to secure significant amendments into SB 9.

As part of RPPG’s larger effort to educate Foster City’s legislative delegation on housing challenges in the region, RPPG arranged one-on-one virtual meetings with the City’s state 81 P a g e | 9

lawmakers to express concerns about the approach SB 9 was taking—specifically the need to limit the applicability of total units from 10 to 4 and the need for owner -occupancy provisions to be required to ensure th at speculators were not simply buying properties and driving up market rate development.

The final version of the bill reduced the total number of units that could be constructed on a current parcel from 10 units to 4. The bill was amended to clearly exempt historical zones from out of the bill. Moreover, the bill also permits a local agency to require a three- year owner-occupied requirement prior to splitting a parcel or converting a single-family home into a duplex. Finally, the measure was amended to allow the denial of a project if a building official identifies that the proposed project would pose a health or safety risk.

While not the ideal outcome for the City, the amendments outlined above (in totality) are significant because it will create a deter rent for speculators/investors from buying properties, splitting lots, and ministerially constructing multiple units —while retaining some local discretion. Despite the sustained opposition by the City, SB 9 is much improved from the date it was introduced.

On September 16, 2021, SB 9 was signed into law as amended ❖ SB 278 (Leyva) CalPERS Disallowed Compensation (City Position: Oppose) As introduced, SB 278 would have placed 100 percent of the total liability for disallowed retirement benefits on public agencies —abdicating all responsibility previously held by CalPERS to ensure that retirement benefits are calculated and administered cor rectly. The City understood that this would have caused significant legal, operational, and financial reporting requirements in perpetuity and made the decision to oppose the measure based on the policy rationale of the bill. RPPG has a long history workin g on this specific issue as SB 278 was the fourth iteration of the measure.

However, understanding the political realities we advised the City that it was likely that this version of the bill was going to be signed. Over the proceeding months RPPG worked with the Newsom administration and CalPERS officials to provide technical guidance from a local compliance perspective. In the final days of the legislative session amendments were proposed by the Administration and accepted by the Authors office that limi ted local agency exposure from 100% of ongoing monthly general fund payments to a 20% one-time lump sum paid through the CalPERS system. Moreover, CalPERS now has the responsibility to administer the benefit payment directly to the retiree or survivor, relieving the ongoing operational challenge originally placed on the City . While the City would still need to come up with a lump sum payment in cases of disallowed compensation, the legal, operational, and financial reporting requirements of this measure were dramatically reduced as a result of our efforts.

On September 27, 2021, SB 278 was signed into law as amended.

Other RPPG Efforts
At RPPG, the job does not begin and end with state legislative advocacy. We worked tirelessly throughout this year to assist the City in any way we were able. This includes helping solve local issues that have a state nexus, working with City staff on new policies of relevance, providing education and awareness to City Council and staff as well as the community at large. 82 P a g e | 10

Protect Critical Excess Educational Revenue Augmentation (ERAF) Revenue Backfill:

Beginning in January of 2021, RPPG worked in advocating for a statutory fix to correct the annual Educational Revenue Augmentation Fund (ERAF) shortfall. RPPG worked with San Mateo County as well as with Assemblymember Mullin and Senator Becker’s office in successfully securing $10 million in State General Fund dollars to offset the county -wide shortfall. Had this money not been appropriated in this year’s budget, Foster City would have lost approximately $206,000 . This is an issue that will be ongoing as we seek a more permanent solution in the 2022 legislative session.

Client Communication
Client communication is a critically important component in our overall advocacy appro ach— especially in the era of COVID -19. We pride ourselves in working hand in hand with our clients in providing detailed as -needed analysis on legislation, regulatory issues and the overall legislative process.

Since we have been engaged with the City of Foster City , RPPG has conducted bi -weekly Zoom meetings, and as needed calls, emails, and detailed memos in order to stay in close contact with the City. In addition, we provided as needed presentations of City Executive staff, Foster City, City Council, and its Land Use subcommittee, served as an expert panelist for a community panel. Moreover, our team provided bi -weekly customized priority bill lists , Monthly Activity Reports —detailing every interaction RPPG made on behalf of the City. These reports highlighted work product including legislative on various issues including but not limited to:
• Real time updates on the progress of Foster City’s sponsored legislation. • Participating in several City Council meetings, subcommittees, and public forums. • One-on-One “Deep Dive” Meetings with all City department heads. • Providing opportunities for the City to establish and maintain relationships with Foster City legislative delegation as well as lawmakers across California. • State Budget Analysis—Including Relevant Budget Trailer Bill Analysis • Police Reform and Use of Force Legislation
• Transportation and Infrastructure
• Housing, Homelessness, Land Use and ADU Legislation
• Public Employer Legislation
• Wildfire Mitigation
• Sea Level Rise and Climate Adaptation
• Various Legislative Deadline Updates and End of Year Legislative Update • Public Employee Retirement System (CalPERS) Funded Status • Potential State and Federal Grant Opportunities
COVID-19 Specific Ongoing Information
Throughout this pandemic, RPPG has provided the City of Foster City with on-going updates on both state and federal response. We have continuously researched and provided real-time updates on any information regarding to state actions, executive orders, local compliance guidelines, and federal action. Actions include but are not limited to:
• Sent multiple updates to city staff regarding State Government’s and Governor Newsom’s ongoing response to COVID-19. Provide various information and analysis of executive orders, 83 P a g e | 11

legislative funding package, statewide facemask requirements, county watchlis t updates, suspension of various local government laws, etc.
• COVID-19 Related Virtual Brown Act Extensions
• Conducted research and an initial assessment of American Re scue Plan Act funding opportunities.
• Prepared and sent a detailed briefing on the Governor outlining the critical factors that need to be met prior to reopening businesses, restaurants, schools, etc. • Provided updated state guidance on COVID-19 reopening process. • Possible FEMA Funding Opportunity RE: COVID-19 Testing • Governor’s COVID-19 Press Conferences
###
Looking Ahead: 2022 Legislative Session
Housing Accountability and Enforcement
Now that the legislature has concluded its work for the year, administrative and regulatory agencies are gearing up for interpretation and enforcement of laws slated to take effect January 1, 2022.

Housing policy was one of the more predominant polices top of mind for local governments in 2021.

Enforcement of State housing law will continue to be a leading policy as lawmakers return to finish year two of the 21-22 legislative session.

HCD’s Housing Accountably and Enforcement Unit—Expanding Authority: As part of the 2021- 2022 state budget, HCD received additional resources totaling more than $4 million specifically to increase staff and bolster its Housing Accountability and Enforcement Unit.

Under current law HAU’s authority covers the following:
• Enforcement of the Housing Accountability Act (HAA) (Government Code section 65589.5)
• No Net RHNA Loss (Government Code section 65863)
• Density Bonus Law (Government Code section 65915-65918) • Anti-Discrimination in Land Use Laws (Government Code section 65008) • Various provisions of Accessory Dwelling Unit Law
• Various provisions of the Surplus Land Act
Beginning January 1, 2022, HCD will also have authority to enforce Affirmatively Furthering Fair Housing law, The Housing Crisis Act of 2019 – SB 330, Streamlined Ministerial Permit Processes – SB 35, By Right Supportive Housing Provisions – AB 2162, By Right Low Barrier Navigation Centers – AB 101, and limitations on development standards – AB 478.

More specifically, HCD’s enforcement authority will expand to include the following:
• Affirmatively Furthering Fair Housing law (Government Code section 8899.50) • The Housing Crisis Act of 2019 (SB 330 or 2019 - Government Code sections 65941.1, 65943, and 66300)
• Streamlined Ministerial Permit Processes (SB 35 of 2017 - Government Code section 65913.4) – See HCD’s Streamlined Ministerial Approval Process Guidelines. • By Right Supportive Housing Provisions (Article 11)
• By Right Low Barrier Navigation Centers (Article 12)
• Limitations on development standards (Government Code section 65913.11) 84 P a g e | 12

It is important to note that violations of these state laws may lead to consequences including revocation of housing element certification and/or referral to the California Office of the Attorney General.

Attorney General Announces Creation of DOJ Housing Strike Force: Citing the enactment of Assembly Bill (AB) 215 (Chiu), on November 3 rd, Attorney General Bonta announced the creation of the DOJ Housing Strikeforce.

The Strike Force will focus on enforcing state housing and development laws in the Attorney General’s independent capacity and on behalf of DOJ’s client agencies. More specifically the focus will center around:
• Enforcing tenant rights, mortgage servicing, and various consumer protection laws. • Issuing consumer alerts advising tenants and homeowners on their protections under state and federal law.
• Issuing guidance letters to local governments on state housing laws. • Enforcing and or defending state housing and tenant protection laws from legal challenges; and
• Advocating with the state legislature, federal agencies, and other state agencies to advance a right to housing.

State’s Budget Surplus
Moreover, the State Legislative Analysist Office (LAO) is projecting at least a $31 billion state surplus for the 2022 -23 state budget cycle. This alone will provide several opportunities for lawmakers to submit budget requests for district projects, as well as for the Administration to try and spearhead major statewide initiatives . After the sub sequent announcement from the LAO, both Senate and Assembly Budget Chairs released their funding priorities moving into 2022.

Senate Budget Committee Priorities (Applicable to Foster City) • Building upon reserves to protect ongoing programs and to protect program integrity in the face of future economic downturns.
• Utilize one -time funding opportunities for state infrastructure including for schools and higher education.
• Address Housing Challenges: Homelessness, Affordable Housing, and Home Ownership. • Sustain California: Enhance Climate, Environment, and Resource Protection; Strengthen Wildfire Mitigation and Response.

Assembly Budget Committee Priorities (Applicable to Foster City) • Homelessness and affordable housing funding preservation • Monitor rental relief funds to ensure vulnerable tenants are not evicted • Ensure funds go out promptly to prevent wildfires and address the climate crisis • Improve public health infrastructure to protect Californians from COVID -19 and future pandemics
• Establish accountability measures for CalAIM and the Children and Youth Behavioral Initiatives.

While not directly impacting the City, o ne area of overlap that both the Senate and Assembly has announced is a plan to revise the State’s Gann limit. Limited information has been released, but the amount of budget surplus over the past two budget cycles has promoted the Legislature to look for more flexibility on surplus spending.
85 P a g e | 13

Other Anticipated Legislative Proposals Coming in 2022
Based on meetings with legislative staff, administration officials and outside stakeholders, we anticipate new legislative proposals that touch on the following:
• Housing conversion in vacant office/ retail locations. • Streamlining hotel conversions for homeless shelters. • Creation of a Homelessness Element Plan (similar to the housing element process for planning, site assessment and production of temporary homelessness shelters). • “Right to shelter” mandates.
• Expansion of safe parking program—potentially new mandates attached. • Removing minimum parking requirements for housing developments near transit. • State loan program funds for ADU conversions.
• Economic Recovery: Regaining jobs lost to the pandemic will be critical for economic recovery.
• Major Bonds Pending: Housing Bond, Climate Change Bond. • State Budget: Funding Priorities to be reassessed after projected 31 Billion state surplus in 2022.
• Brown Act: Potential to modernize certain provisions of the Ralph M. Brown Act. • Push for increased transportation funding for HSR and other regional rail projects. • Additional stormwater system requirements.

Ongoing battle between CCAs and IOUs on rates.
###
Potential 2022 Grant Funding Opportunities for the City of Foster City1 Environment and Energy
Charge! Program
• Agency: Bay Area Air Quality Management District (BAAQMD) • Eligible Applicants : Public agencies, Private entities, Nonprofit organizations, and Home - Owner Associations. ALL PROSPECTIVE APPLICANTS MUST ATTEND AT LEAST ONE PRE - APPLICATION WORKSHOP.
• Funding Uses : Charging station hardware; Installation, including labor, materials, and necessary electrical upgrades; Permit fees; Hardware equipment to record the kWh dispensed from the charging station.
• Funding Amount: Minimum of $1,000,000, except for projects exclusively located at a multi - unit dwelling which must qualify for a minimum of $10,000. Maximum of $3,000,000 per applicant per fiscal year.
• Deadline: 3/1/2022
Applicants may apply for funding to install qualifying equipment, which includes destination facilities, multi-unit dwelling facilities, transit parking facilities, transportation corridors facilities, workplace facilities, and AB617 facilities. Projects located at multi -unit dwelling, AB617 communities,

1 Please note that as part of our current scope of work, RPPG will meet with City officials and provide direction as to which state and federal programs may be suitable for the City of Foster City. RPPG would be pleased to offer grant writing services for the City of Foster City for specific state and federal grant programs—however this would be considered an add-on service requiring a service agreement addendum. 86 P a g e | 14

communities for future AB617 consideration and in regions with lower EV charger density will receive higher prioritization.

More information: https://www.baaqmd.gov/funding-and-incentives/businesses-and-fleets/charge Infrastructure
Broadband Infrastructure Grant Account
• Agency: Public Utilities Commission
• Eligible Applicants: Entities with a Certificate of Public Convenience and Necessity (CPCN) that qualify as a “te lephone corporation,” Wireless carriers who hold a Wireless Identification Registration (WIR), Non -telephone corporations that are facilities -based broadband service providers. A local government agency may apply if no other eligible entity in that jurisdiction applied.
• Funding Uses: Costs directly related to the deployment of infrastructure; Costs to lease access to property or for internet backhaul services for a period not to exceed five years; Cost incurred by an existing facility -based broadband provider to upgrade its existing facilities to provide for interconnection.
• Funding Amount: Maximum of $5,000,000.
• Match Requirement: Varies based on project criteria.
• Deadline: Typically, annually on April 1st.

The Broadband Infrastructure Grant Account is one of several subaccounts under the California Advanced Services Fund (CASF). AB 156 provided historic investments in broadband infrastructure, with $300,000,000 transferred to the Broadband Infrastructure Grant Account. Projects that only deploy middle -mile infrastructure are not eligible for grant funding. For a project that includes middle-mile infrastructure, the Commission is required to verify that the proposed infrastructure is indispensable for accessing last-mile infrastructure.

More information: https://www.cpuc.ca.gov/industries-and-topics/internet-and-phone/california- advanced-services-fund/casf-infrastructure-grant

END OF REPORT
###

87 DATE: February 22, 2022

TO: Mayor and Members of the City Council

VIA: Kevin Miller, Interim City Manager

FROM: Louis Sun, Public Works Director

SUBJECT: DROP-OFF AND PICK-UP ZONE ALONG THE SOUTH END OF

BALCLUTHA DRIVE RESTRICTING PARKING BETWEEN THE
HOURS OF 7:30AM-9:30AM AND 2:00PM-4:00PM MONDAY
THROUGH FRIDAY.

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving a drop-off and pick-up zone along the south end of Balclutha Drive restricting parking between the hours of 7:30am-9:30am and 2:00pm-4:00pm Monday through Friday.

EXECUTIVE SUMMARY
In response to a request from the Peninsula Jewish Community Center (PJCC) to restrict parking to allow for a Wornick Day School drop-off and pick- up zone, the area was reviewed and evaluated. The eight parking spaces adjacent to the Wornick Day School are the closest stalls to the school and are currently public parking spaces. The parking spaces are mainly utilized by the school, but there are no parking restrictions and cars could park there during peak periods. By installing an official drop-off and pick-up area, it would increase safety for the students and help with traffic flow during school hours.

The item was reviewed and unanimously accepted by the Traffic Review 88 Committee (TRC) at its November 18, 2021, meeting. The cost for the installation of a drop-off and pick-up zone would be paid for by the school under a temporary encroachment permit.

BACKGROUND
In October 2021, a request was received to discuss installing an official drop- off and pick-up area adjacent to the Wornick Day School along Balclutha Drive.

On November 18, 2021, the request to restrict parking during the weekday peak a.m. and p.m. times was reviewed by the TRC and was unanimously recommended for approval with the understanding that all American Disability Act (ADA) requirements be met.

ANALYSIS
Staff visited the site and evaluated the current parking options. Currently there are 8 parking spaces adjacent to the school along the southern portion of Balclutha Drive (within the curb cut closest to Shell Boulevard), which are proposed to be restricted (see Attachment 1 Exhibit 1). There are 7 additional parking spaces along the northern portion of Balclutha Drive (within the curb cut closest to the PJCC entrance) that will still be available for unrestricted public parking.

By allowing a drop-off and pick-up zone on the one-way public street, it will increase the safety of students arriving and leaving school. Without the parking restrictions, cars may be double parking and having students walk through parked cars creating a hazard for both traffic and pedestrians.

The drop-off and pick-up zone would be designated with white curb and signage restricting parking between the hours of 7:30am-9:30 am and 2:00pm-4:00 pm Monday through Friday. Staff confirmed that for the drop-off and pick-up zone to meet ADA requirements, an accessible parking stall will need to be provided. The PJCC has agreed to perform the necessary improvements to construct an ADA compliant parking space, stripe the curb, and install signage in the drop-off and pick-up zone.

Adjacent properties were notified of the proposed parking restrictions and invited to the TRC meeting. The City did not receive any comments regarding the proposed changes. The San Mateo Consolidated Fire Department and 89 Foster City Police Department did not have any objections to the proposed parking restrictions.

FISCAL IMPACT
There is no fiscal impact to the City. The cost for all improvements will be handled under a temporary encroachment permit, which will be paid for by the applicant.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item is in alignment with the “Facilities and Infrastructure” value/priority area in that this parking change would allow for safer pedestrian access to existing facilities and reduce traffic conflicts.

Attachment:
Attachment 1 - Resolution
90 RESOLUTION NO. ___________

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

APPROVING A DROP-OFF AND PICK-UP ZONE ALONG THE SOUTH END OF BALCLUTHA DRIVE RESTRICTING PARKING BETWEEN THE HOURS OF 7:30AM- 9:30AM AND 2:00PM-4:00PM MONDAY THROUGH FRIDAY.

CITY OF FOSTER CITY
WHEREAS, the City received a request for the installation of parking restrictions along Balclutha Drive to accommodate school drop-off and pick-up; and WHEREAS, currently there are 8 parking spaces adjacent to the school along the southern portion of Balclutha Drive, within the curb cut closest to Shell Boulevard; and WHEREAS, the Traffic Review Committee at its November 18, 2021, meeting unanimously voted to recommend that parking restrictions be installed to allow for a drop- off and pick-up zone with the understanding that American Disability Act (ADA) requirements be met; and
WHEREAS, the Peninsula Jewish Community Center agrees to install all improvements including an ADA compliant parking stall under an encroachment permit prior to the parking restrictions being implemented.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve a drop-off and pick-up zone along the south end of Balclutha Drive restricting parking between the hours of 7:30am-9:30am and 2:00pm-4:00pm Monday through Friday as shown on Exhibit 1.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 22nd day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
91 Exhibit 1
92 DATE: February 22, 2022

TO: Mayor and Members of the City Council

VIA: Kevin Miller, Interim City Manager

FROM: Louis Sun, Public Works Director
Allen Smith, Public Works Maintenance Manager

SUBJECT: AWARDING A PROFESSIONAL SERVICES AGREEMENT TO
WATERWORKS INDUSTRIES, INC. FOR COMPREHENSIVELY
UPDATING THE LAGOON MANAGEMENT PLAN; AND
APPROPRIATING $40,000 FROM THE GENERAL FUND
RESERVE TO ACCOUNT NO. 001-0920-431-4251

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing:

1. The award of a professional services agreement to Waterworks Industries, Inc. in an amount not-to-exceed $24,905 to update the City’s Lagoon Management Plan (LMP) and authorizing the City Manager to execute the agreement; and

2. The appropriation of $40,000 from the General Fund reserve to Account No. 001-0920-431-4251 for the Lagoon Management Plan update and additional water sampling.

EXECUTIVE SUMMARY

At the September 20, 2021 City Council meeting, staff provided a lagoon monitoring report for the period of March through August 2021 detailing the results of an evaluation of sources of bacteria on the beach at Erckenbrack 93 Park. Based on the finding of the bacterial study, the City Council authorized the issuance of a Request for Proposals (RFP) for a comprehensive update of the City’s Lagoon Management Plan to identify and program a system of methods and practices to reduce the bacteria levels in the lagoon on an on- going basis. Based on a review of the submitted proposals, staff recommends that the City Council award an agreement to Waterworks Industries, Inc. in an amount not-to-exceed $24,905 to update the City’s LMP. Further, staff recommends that the City Council appropriate $40,000 from the General Fund reserve to the Lagoons Division Account No. 001-0920-431-4251 for the preparation of the plan and additional water sampling activities.

BACKGROUND

The Foster City Lagoon system is designed as a drainage detention basin to successfully withstand a storm of such severity that it is likely to occur only once each century. The water in the lagoon consists of a mixture of water from the San Francisco Bay and stormwater collected throughout the city through curb inlets, catch basins, and drains. The lagoon is also a treasured recreational amenity where residents engage in swimming, windsurfing, paddle boarding, kayaking, and electric boating.

On December 7, 2020, the City entered into an agreement with EOA, Inc. to conduct a study to evaluate potential sources of bacteria in the Foster City lagoon, with a special focus on the beach at Erckenbrack Park. On June 23, 2021, Heal the Bay, a website on the internet, released its Top 10 California "Beach Bummers" list of the most polluted beaches in California. Three beaches located in Foster City were ranked among the top 10 including Erckenbrack Park.

On August 16, 2021, staff presented an update on water quality in the lagoon and the relationship of water quality to geese population management. It was noted that two of the City’s beaches, Gull and Marlin, tend to have normal bacteria levels lower than reported in the 2020/2021 “Beach Bummers” list.

These two beaches were already re-opened for swimming. However, the beach at Erckenbrack Park remained closed due to bacteria levels. At that time, water samples taken throughout the lagoon were comparable in terms of water quality to water found in the San Francisco Bay. However, water quality at all three beaches continued to be monitored. As part of the EOA study, a final sample was taken on August 26, 2021.

On September 20, 2021, staff provided lagoon monitoring report for the term 94 of March through August 2021 to the City Council. Despite extensive efforts, bacteria levels remain at higher levels. Based on the findings of the bacterial study at Erckenbrack Park, staff recommended issuing an RFP for consulting services to develop a Lagoon Management Plan for reducing the overall bacteria levels in the lagoon and specifically at the beach areas. The City Council authorized issuing the RFP.

ANALYSIS

The City’s current LMP was created in 1992 and requires a comprehensive update.

The City Council adopted Resolution No. 2021-181 on December 13, 2021, approving the issuance of a Request for Proposals for consultants to provide professional services to update the Lagoon Management Plan. The City received two proposals to analyze current water quality, new technologies for improving water quality, and best management practices and to comprehensively update the City’s LMP. Waterworks Industries, Inc. provided the lowest proposal cost, and demonstrated that they have the qualifications and experience working with other local agencies to perform the work.

The contract scope of work includes the following tasks:

1. Document and Goal Review. Review drawings, site information, goals for the lagoon, and resident and visitor expectations.

2. Water Quality Review. Review water supply and water chemistry.

Analyze sediment loading and contribution to bacterial growth. Review the water quality monitoring program and recommend changes. It is anticipated that methods that will be evaluated will include chemical, mechanical, outreach programs, and wildlife population control.

3. Water Quality Equipment Design. Design circulation and aeration/nanobubble systems including control systems with the express goal to provide maximum water quality benefit with low electric power consumption and minimize chemical augmentation.

4. Discharge Permits and Regulatory Compliance. While the goal is to maintain excellent water quality via in-situ technologies such as aeration and beneficial bacteria additions; the consultant may require a National Pollutant Discharge Elimination (NPDES) permit and Notice of Intent (NOI) protocols required for the application of regulated aquatic pesticides targeting unwanted aquatic plants and algae. Review and update the NPDES permit as necessary.
95 5. LMP. Evaluate the progress of the tasks #1-4 and revise existing LMP to incorporate the recommended changes.

Waterworks Inc. is familiar with the challenges presented by the lagoon systems as they have been managing the City of Redwood City - Redwood Shores Lagoon and Point Tiburon Lagoon for decades.

The cost for enhanced water testing by an outside independent lab is not included with tasks list above. Therefore, staff recommends that additional funds be appropriated specifically for the water testing that will be required as part of the project.

When the revised LMP is prepared it will be presented to the City Council for its consideration.

FISCAL IMPACT

Staff recommends that $40,000 be appropriated from the General Fund reserve to Account No. 001-0920-431-4251 for updating the Lagoon Management Plan and water sampling to be conducted by an independent lab.

CEQA
This action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

Even if deemed a project, this action would be exempt under California Code of Regulations 15306 (Class 6) as basic data collection leading to an action which the public agency has not yet approved.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

Proper lagoon management is in alignment with the City Council’s adopted "Facilities and Infrastructure" Value/Priority Area as the key outcome is to 96 make substantial progress toward an improved lagoon water quality and continual maintenance efforts. This is also a component of the City's "Healthy Waters, Healthy Parks" initiative.

Attachments:
Attachment 1 – Resolution
Attachment 2 – Agreement
Attachment 3 – Proposal from Waterworks Inc.
97 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AWARDING A PROFESSIONAL SERVICES AGREEMENT TO WATERWORKS INDUSTRIES INC.

IN AN AMOUNT NOT TO EXCEED $24,900 FOR COMPREHENSIVELY UPDATING THE LAGOON MANAGEMENT PLAN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND APPROPRIATING $40,000 FROM THE GENERAL FUND RESERVE TO ACCOUNT NO. 001-0920-431-4251

CITY OF FOSTER CITY
WHEREAS, the City Council adopted Resolution No. 2021-181 on December 13, 2021, approving the issuance of a Request for Proposals for consultants to provide professional services to update the Lagoon Management Plan; and WHEREAS, the Request for Proposals was advertised, and two (2) firms submitted proposals; and
WHEREAS, Waterworks Industries, Inc provided a cost-competitive proposal that demonstrated their in-depth water management experience and specialized skills to provide the services desired by the City; and
WHEREAS, the terms and fees of the consultant agreement have been negotiated and have been determined to be reasonable based on the scope of service to be provided; and
WHEREAS, enhanced water sampling by an outside independent lab will be required to complete the project, which is not in the scope of the contract with Waterworks Industries, Inc., and
WHEREAS, there is insufficient funding to complete this project in the Fiscal Year 2021-2022 Lagoon Maintenance budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find as follows:

This action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment. Even if deemed a project, this action would be exempt under California Code of Regulations 98 15306 (Class 6) as basic data collection leading to an action which the public agency has not yet approved.

BE IT FURTHER RESOLVED, that the City Council hereby awards a professional services agreement to Waterworks Industries, Inc. in an amount not to exceed $24,900 for comprehensively updating the Lagoon Management Plan; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreement dated February 22, 2022 with minor revisions that may be approved by the City Manager and the City Attorney, and to execute any other necessary documents to effectuate the terms of the Agreement.

BE IT FURTHER RESOLVED, that the City Council hereby approves and directs the appropriation of $40,000 from the General Fund reserve to Account No. 001-0920- 431-4251 for the comprehensive update of the Lagoon Management Plan and additional water sampling.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 22nd day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

RICHA AWASTHI, MAYOR
ATTEST:
_____________________________________

PRISCILLA SCHAUS, CITY CLERK
99 1

PROFESSIONAL SERVICES AGREEMENT
FOR

LAGOON MANAGEMENT PLAN
This Agreement is made and entered into as of the ______ day of _______, 2022 by and between the City of Foster City hereinafter called "CITY" and Waterworks Industries, Inc, hereinafter called "CONSULTANT".

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

A. That CITY desires to engage CONSULTANT to provide professional services in the CITY necessary for a comprehensive update to the City’s Lagoon Management Plan;
B. That CONSULTANT is qualified to provide such services to the CITY and; C. That the CITY has elected to engage the services of CONSULTANT upon the terms and conditions as hereinafter set forth.

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b)
Notwithstanding the provisions of (a) above, either party may terminate this Agreement without cause by giving written notice not less than ten (10) days prior to the effective date of termination, which date shall be included in said notice. In the event of such termination, CITY shall compensate CONSULTANT for services rendered, and reimburse CONSULTANT for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3.

In ascertaining the services actually rendered to the date of termination, 100
2 consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of twenty-four thousand, nine hundred and five dollars ($24,905). Invoices for amounts in excess of twenty-four thousand, nine hundred and five dollars ($24,905) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

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

5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be 101
3 performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

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

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

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

9. Relationship of Parties. It is understood that the relationship of CONSULTANT to the CITY is that of an independent contractor and all persons working for or under the direction of CONSULTANT are its agents or employees and not agents or employees of the CITY.

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

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

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, 102
4 employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of CONSULTANT, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

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

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

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

12. Insurance. CONSULTANT shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability, and professional liability insurance coverage relating to CONSULTANT’s services to be performed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event, shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury,
personal injury and property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage
required to the extent applicable to
CONSULTANT’s vehicle usage in
performing services hereunder)
103
5 1Professional Liability $1,000,000 per claim and aggregate It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as an Additional Insured. Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

CONSULTANT agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by CONSULTANT shall agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement and its accompanying documents. Subcontractors shall further agree to include these same provisions with any sub- subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request.

CONSULTANT shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the CITY prior to commencement of any work by the subcontractor.

Concurrently with the execution of this Agreement, CONSULTANT shall furnish CITY, on the form included as Exhibit D or similar form, with certificates and copies of information or declaration pages of the insurance required hereunder to be included as Exhibit C hereto. With respect to evidence of commercial general liability and automobile liability insurance coverage, CONSULTANT must also include in Exhibit C the following original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail; 1 Note: Professional liability insurance coverage is not required if the CONSULTANT is not providing a service regulated by the state. (Examples of service providers regulated by the state are insurance agents, professional engineers, doctors, certified public accountants, lawyers, etc.) Please check and initial the following if professional liability is NOT required for this agreement.  Recommended ______ [Project Manager]  Approved _______[Risk Manager]
104
6 (b) Naming the City of Foster City and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
(c) Providing that CONSULTANT’s insurance coverage shall be primary insurance with respect to City of Foster City and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, and any insurance or self- insurance maintained by CITY for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of CONSULTANT’s insurance and not contributory with it.

CONSULTANT and its insurer may not seek contribution from CITY’s insurance or self-insurance.

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY, to the extent required by this Agreement, before the CITY’s insurance or self-insurance may be called upon to protect CITY as a named Insured.

All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named CONSULTANT/Named Insured or CITY.

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under this Agreement. Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with sub-subcontractors to the extent that they apply to the scope of the sub-subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.

CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion 105
7 may purchase the coverage required and the cost will be paid by CONSULTANT.

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

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Greg Baeza
CONSULTANT: Waterworks Industries, Inc.
930 Shiloh Rd, Bldg. 38, Suite D
Windsor, CA 95492
Attn: Richard Carnation
Ph. 707-837-7900
Email: [email protected]

16. Non-Assignment. This Agreement is not assignable either in whole or in part.
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8 17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

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

19. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

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

21. Conflict of Interest. CONSULTANT may serve other clients, but none who are active within the City of Foster City or who conduct business that would place CONSULTANT in a "conflict of interest" as that term is defined in State law.

22. Entire Agreement. This Agreement, including Exhibits A, B C, and D, comprises the entire Agreement.
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9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________
Kevin Miller, Interim City Manager
ATTEST:

Dated: ________________________________
Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Richard Carnation, Chief Executive Officer
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10 EXHIBIT A

SCOPE OF WORK AND SCHEDULE
FOR

LAGOON MANAGEMENT PLAN
Scope of Work
Task 1: Document and Goal Review. Review drawings, site information, and client goals for the lagoon and resident and visitor expectations.

Hold “kick off meeting” attended by Project Managers from Consultant and City. Focus of this meeting to be review lagoon drawings, site information, stakeholder objectives, historical and current water quality data, lagoon management activities, and permitting documentation. The goal of this meeting will be for Consultant to obtain an understanding of the best methodology for developing a comprehensive lagoon management plan to serve the City and lagoon users.

Task 2: Water Quality Review. Review water supply and water chemistry. Analyze Sediment loading and contribution to bacterial growth. Review water quality monitoring program and recommend changes.

Consultant will inventory and review existing water quality and quantity data, ambient bay water quality inputs, known or suspected water quality impairments, fecal indicator bacteria (FIB) trends, sedimentation issues, beneficial uses, and historical site-specific challenges. Consultant will use the existing water quality information to summarize and identify problems and management challenges.

Based on the problems and management challenges, Consultant will develop a list of short- and long-term management approaches for City review and assist with the evaluation of feasibility and potential implementation of additional management practices to meet City goals. (Reference examples in the Consultant’s proposal.)
Task 3: Water Quality Equipment Design. Design circulation and aeration/nanobubble systems including control systems with the express goal to provide maximum water quality benefit with low electric power consumption and minimize chemical augmentation.

Based on the information collected in Tasks 1 and 2, Consultant will design a circulation/aeration system that will benefit the lagoon water quality and serve the goals of City. Among the options to consider will be directional submerged and surface circulation systems, diffused aeration and nano-bubble systems. 109
11 Consultant will perform a hydraulic analysis of the lagoon to demonstrate the current water movement patterns and how best to take advantage of natural water flows. The system will be optimized for the specific water volumes in target areas and will take into consideration all potential lagoon uses at any given location.

Task 4: Discharge Permits and Regulatory Compliance. While the goal is to maintain excellent water quality via in-situ technologies such as aeration and beneficial bacteria additions; consultant may encounter the situation that a National Pollutant Discharge Elimination (NPDES) permit and Notice of Intent (NOI) protocols are required for the application of regulated aquatic pesticides targeting unwanted aquatic plants and algae. Review and update the NPDES permit as necessary.

Based upon information gathered during Tasks 1 and 2, Consultant will provide recommendations for appropriate regulatory coverage and prepare a draft Notice of Intent (NOI) and Aquatic Pesticide Application Plan (APAP) for permit coverage, if recommended, and will submit the NOI and APAP to the State and Regional Water Quality Control Boards for review and approval.

Consultant will update the Lagoon Management Plan to include the APAP and management practices required to keep it updated and the C ity in compliance. Consultant will evaluate the need for a California Department of Fish and Wildlife (CDFW) Lake and Streambed Alteration (LSA) Agreement.

Task 5: Lagoon Management Plan Evaluate the progress of the tasks #1-4 and update the City’s Lagoon Management Plan to incorporate the recommended changes.

Consultant will compile the updated water quality information gathered in Task 2 into the Lagoon Management Plan, including updates Management practices and supporting documentation. Consultant may provide a matrix of management objectives, management practices and estimated costs. This matrix would include short- and long-term approaches and identify responsible parties for implementation. The information gathered in Tasks 1 through 4 will be compiled into the revised and update Lagoon Management Plan for the purpose of providing the management activities and schedules of actions to achieve City goals for water quality and management practices so the lagoon will remain a centerpiece of the community.

Schedule
All work performed under this agreement shall be completed no later than June 30, 2022.
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12 EXHIBIT B
CONSULTANT’S FEE SCHEDULE
The services described herein shall be provided on a Total Project Time and Expense basis not to exceed $24,905, invoiced on a monthly basis in accordance with the billing rates and tasks in the following table:
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13 EXHIBIT C

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in Section 12 - INSURANCE of the Agreement on the attached form. No substitute form will be accepted.

ATTACHED

1. Insurance Coverage Form
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14 EXHIBIT D
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

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

Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy
No.

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

Professional Liability:

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

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

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

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

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

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

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:
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15 ADDRESS:

TELEPHONE: ( ) DATE ISSUED:
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149
DATE: February 22, 2022

TO: Mayor and Members of the City Council

VIA: Kevin Miller, Interim City Manager

FROM: Kevin Miller, Interim City Manager
Tiffany Oren, Recreation Manager

SUBJECT: 2022 SPECIAL EVENTS PROPOSAL AND AUTHORIZATION

OF SUMMER DAYS AS AN ANNUAL EVENT

RECOMMENDATION
It is recommended that City Council review the 2022 Special Events Roster and adopt the attached resolution authorizing the following:
the addition of Summer Days as an on-going annual community event that utilizes the Special Recreation Fund for event expenditures and deposits net revenues after expenditures back into said Special Recreation Fund;
return to pre- COVID-19 pandemic funding levels in the FY 2022-2023 Special Recreation and City Council budgets for all City-programmed special events, including the Summer Concert Series, Fourth of July celebration and Summer Days celebration;
the appropriation of $30,000 from the General Fund reserve to Account No. 003-0537-451-4251 for Summer Days for FY 2021-2022; and the appropriation of $25,000 from the General Fund reserve to Account No. 001-1030-413-4251 for Fourth of July for FY 2021-2022 .

EXECUTIVE SUMMARY
150
With COVID-19 cases decreasing, the Recreation Division anticipates that summer events will be able to return to their traditional formats in 2022. Staff seeks Council acceptance of the roster of events shown in Attachment 2, approval to return budget expenditures to pre-pandemic levels in the General and Special Recreation funds starting in Fiscal Year 2022-2023 and authorization for appropriations for 2022 events in FY 2021-2022.

The Summer Days celebration is anticipated to bring in more revenue than expenditures, so net revenues after expenditures will be deposited into the Community Benefit Fund per Council’s previous direction. Monetary donations and sponsorships that support the Fourth of July and Summer Concert events are deposited in the Foster City Foundation Fund to offset expenses from those events.

BACKGROUND

Since COVID-19 shelter-in-place mandates went into effect in March 2020, Recreation Division staff has continued to work within the San Mateo County Health Department’s changing guidelines for gatherings and events. In 2020 and 2021 the City-programmed larger-scaled events were cancelled or significantly scaled back.

Summer Concert Series: The 2020 concert series was cancelled due to COVID-19. Staff was excited to be able to host three (3) concerts in 2021 in the Leo Ryan Park meadow with social distancing protocols in place.

Fourth of July Celebration: While some of the community events were held in 2021, the annual Fourth of July fireworks show has not occurred since 2019 due to COVID-19. As a result of the cancellation, the event budget was decreased to reflect this change over the past two years.

Summer Days: In 2018, the City Council directed staff to create a new, revenue-generating large special event that would have a local/community focus and honor the City’s birthday each year. This multi-day festival known as Summer Days debuted in August 2019 and featured carnival rides, community booths, craft vendors, food trucks, craft beer sales, and entertainment.

City Council approved the 2019 event expense budget of $62,500 from the Community Benefit Fund on the understanding that net revenue would be deposited into the Community Benefit Fund. The 2019 event was revenue positive, with a balance of approximately $15,000. Anecdotal feedback from 151
the public and vendors was largely positive. Staff expected that the City Council would authorize this event as an annual celebration to commemorate the City’s birthday moving forward. However, due to COVID-19, Summer Days has not occurred since its inaugural year.

ANALYSIS

Recreation Division staff developed the recommended 2022 Special Events Roster shown in Attachment 2. Staff recommends that City Council accept the 2022 Special Events Roster, including the approval the Summer Days celebration as an on-going annual event and appropriate funding in Fiscal Year 2021-2022 to allow staff to make purchases and pay deposits for events to be held in Summer 2022.

With cases appearing to trend downward, staff anticipates that the popular City-programmed larger-scaled events - the Summer Concert Series, Fourth of July Celebration, and Summer Days - will return in 2022. With Council concurrence, staff will include the cost of these events in the Fiscal Year 2022- 2023 budget, to return the program budget to its pre-pandemic level, and will resume the proactive sponsorship program to offset the costs of these popular events.

Summer Concert Series: The City will return this summer with the Concert Series in its traditional format, featuring six (6) concerts in the Leo Ryan Park amphitheater. There is sufficient funding in the FY 2021-2022 budget to prepare for this event.

Fourth of July Celebration: The return of the traditional Fourth of July Celebration will include the ever-popular fireworks show in addition to the traditional community programs such as the family parade, pancake breakfast, entertainment, and food sales. Funds from the Foster City Foundation Fund’s Fourth of July account will help offset event expenditures. It will be necessary to appropriate $25,000 from the General Fund reserve to Account No. 001- 1030-413-4251 in Fiscal Year 2021-2022 in order to make deposit payments and pre-purchase supplies for the event.

Summer Days: Back after a two-year hiatus, the community will be invited to a fun-filled day of carnival rides, community booths, craft vendors, food trucks, craft beer sales, and entertainment. Staff recommends to use the Special Recreation fund for event expenditures, with net revenues after expenses deposited in the Community Benefits Fund. It will be necessary to appropriate 152
$30,000 from the General Fund reserve to Account No. 003-0537-451-4251 in Fiscal Year 2021-2022 in order to make deposit payments and pre-purchase supplies for the event. Staff will include the expenditures as a line item in the budget on an on-going basis starting in FY 2022-2023.

Based upon the approved 2022 Special Events Roster, Recreation Division staff will begin to solicit sponsorships and donations for the remaining events for the 2022 calendar year, to help offset event expenditures. The fundraising efforts and activities will be conducted in accordance with the Parks and Recreation Department’s 2022 Fundraising Plan that was approved by the City Council on January 18, 2022. Monetary donations and sponsorships for events other than the Summer Days celebration will be deposited into the Foster City Foundation Fund Special Events account.

FISCAL IMPACT

Approval of the 2022 Special Events Roster is expected to result in appropriation of $55,000 from the General Fund in FY 2021-2022, and an increase to the FY 2022-2023 over FY 2021-2022 levels in the following budget accounts as follows:
$91,000 in Account No. 003-0537-451-4251 for 2022-23 for all City- programmed special events including Summer Days and Summer Concert Series; and
$50,000 in Account No. 001-1030-413-4251 for Fourth of July.

There is sufficient funding in the Foster City Foundation to offset costs associated with the Fourth of July and Summer Concerts, and the Summer Days Festival was revenue positive, with the net revenue deposited into the Community Benefits Fund.

Staff will continue to pursue fundraising opportunities for 2022 and beyond.

Table 1: Fiscal Analysis Large Summer Events
Event Expenditure Account Cost Foundation
Fund
Balance
Fourth of July General Fund
001-1030
$50,000 $57,977.87
153
Summer
Concerts
Special Recreation
Fund
003-0537
$19,000 $24,093.35
Summer Days Special Recreation
Fund
003-0537
$62,500 $0^

Other Events Special Recreation
Fund
003-0537
$9,500 $6,686.11
^ Net revenue from Summer Days deposited in Community Benefit Fund Attachments:
Attachment 1 - Resolution
Attachment 2 - Proposed 2022 City Sponsored Special Events Roster Attachment 3 - Staff Memo Regarding 2022 Summer Events

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RESOLUTION NO. ___________

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

AUTHORIZING THE ADDITION OF SUMMER DAYS AS AN ON GOING COMMUNITY EVENT; AUTHORIZING THE RETURN TO PRE-COVID 19 PANDEMIC IN THE FISCAL YEAR 2022-2023 SPECIAL RECREATION AND CITY COUNCIL BUDGETS; AND APPROPRIATING $30,000 FROM THE GENERAL FUND RESERVE TO ACCOUNT NO. 003-0537-451-4251/003-0000-108-2000 FOR SUMMER DAYS EVENT EXPENSES AND $25,000 FROM THE GENERAL FUND RESERVE TO ACCOUNT NO. 001-1030-413-4251/001-0000-108-2000 FOR FOURTH OF JULY EVENT EXPENSES DUES EACH EVENT REQUIRE DEPOSITS IN FY 2021-2022

CITY OF FOSTER CITY
WHEREAS, the City Council has reviewed the list of proposed 2022 Special Events; and
WHEREAS, the budget for special events was reduced over the past two years due to the COVID-19 pandemic, but with COVID-19 cases decreasing and events returning in their traditional formats, expenditures will be increasing back to pre-pandemic levels in 2022; and
WHEREAS, expenditures for Special Events come from both the General and Special Recreation funds; and
WHEREAS, while the events are scheduled to occur in FY 2022-2023, some expenditures related to the events require deposits in FY 2021-2022.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Foster City does hereby authorize:
the addition of Summer Days as an on-going annual community event that utilizes the Special Recreation Fund for event expenditures and deposits net revenues after expenditures back into said Special Recreation Fund; return to pre- COVID-19 pandemic funding levels in the FY 2022-2023 Special Recreation and City Council budgets for all City-programmed special events, including the Summer Concert Series, Fourth of July celebration and Summer Days celebration
the appropriation of $30,000 from the General Fund reserve to Account No. 003- 0537-451-4251/003-0000-108-2000 for Summer Days deposits; and the appropriation of $25,000 from the General Fund reserve to Account No. 001- 1030-413-4251/001-0000-108-2000 for Fourth of July deposits. 155
PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 22nd day of February 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

RICHA AWASTHI, MAYOR
ATTEST:
_____________________________________

PRISCILLA SCHAUS, CITY CLERK
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Attachment 2
Foster City Events 2022
Recreation Staff is recommending the following schedule for public celebrations in 2022 sponsored by the Foster City Parks and Recreation Department.

JULY
Fourth of July Celebration (July 4): The traditional Fourth of July Celebration is back with a planned fireworks show over the lagoon.
Summer Concert Series (July 15, 22, 29, August 5, 12): The popular concert series returns and will feature six (6) dates of live music in the Leo Ryan Park amphitheater.
City-Wide Yard Sale (July 23): Residents are encouraged to host their own yard sale and register it with the Parks and Recreation Department. A map of the sales will be made available to the public. This event is designed to promote the reuse, recycling, and repurposing of unwanted household items.

AUGUST
National Night Out (August 2): Recreation will partner with Foster City Police Department for their National Night Out program in Leo Ryan Park. Plans include family games, music, and food.
Family Overnighter (August 6-7): Families register to camp out in the park with Recreation staff. The event features a bbq dinner, games, outdoor movie, and s’mores.
Summer Days (August 19-21):The multi-day festival celebrating the City’s birthday features music, food, games, carnival rides, community booths, and more!

SEPTEMBER
Community Bike Ride (September 16-25): Due to the construction occurring on the levee, the annual Community Bike Ride continues to be re-imagined. Rather than a group ride along the levee, the bike ride now consists of a scavenger hunt that allows participants to go at their own pace exploring city parks.

OCTOBER
Halloween Festival (October 29): Annual family-friendly event that raises funds for the Foster City Youth and Teen Foundation. Families can participate in activities that include trick or treating, a carving contest, and more. 157

DECEMBER
Walking in a Winter Wonderland (December 3): This event was introduced in December 2020 and due to its popularity, the program has now become an annual event which features a pathway of lit trees, holiday inflatables, and plenty of photo opportunities.
Tree Lighting (December 7): Annual Tree Lighting Ceremony that features the lighting of the outdoor tree, children’s craft activity, music, and a visit from a special guest.

Multiple Months
Wednesday Night Food Trucks: Hosted by Off the Grid, the Wednesday night food truck marketplace is held in Leo Ryan Park from April through October. 158
Attachment 3

M E M O R A N D U M
Parks and Recreation Department
To: Kevin M. Miller, Interim City Manager
From: Tiffany Oren, Recreation Manager
Date: January 24, 2022
Subject: 2022 Special Events
Recreation staff has started to plan for special events for 2022. While we are optimistic that community events (both City and privately sponsored) will be held in its traditional formats, event organizers and attendees still need to be prepared to follow any health guidelines that may be directed by the Centers for Disease Control and Prevention (CDC) and California Department of Public Health (CDPH). The priority of staff is to provide the community opportunities to connect and celebrate in a safe and responsible manner.

The Parks and Recreation Department look forward to the return of its popular community events such as the Fourth of July Celebration, Summer Concert Series, and Summer Days.

Fourth of July Celebration (July 4, 2022)
The annual Fourth of July Celebration is the City’s highest attended event as it brings in guests from all over the San Francisco Bay Area as we are one of the few peninsula cities who feature a fireworks show. While staff are currently planning for a traditional event, it is important to note the changes that will go into effect this year when hosting a fireworks show:
Pyrospectaculars, the company who has always run our show (as well as the City of Redwood City), has shared that all 2022 Fourth of July shows will now need to meet the minimum charge of $25,000. In 2019, the Foster City fireworks show cost $19,600.
City staff typically secures the fireworks by paying a 50% deposit within the first quarter of the year. In the event the show must be cancelled, the City would either have to forfeit the deposit or reschedule the show within 90 days of the contracted date. Staff notes that if the Fourth of July fireworks show was forced to be cancelled, our recommendation would be to reschedule the show to be a part of Summer Days which takes place in August.
The California Water Board, a sub-entity of the Environmental Protection Agency (EPA), who regulates waterways within the state, has now indicated that paper remnants from fireworks must now be removed from bodies of water. With our fireworks being launched over the lagoon, Pyrospectaculars is now required to comply with the California Water Board’s guidelines which includes filing for a permit, measuring the amount of debris that enters the water, and removing it 159
promptly after the show. The efforts that Pyrospectaculars must take to mitigate and remove the debris will be included in their quote for services for the 2022 fireworks show. It is also expected that City staff may be required to assist with the cleanup or provide any needed equipment for debris removal.

Summer Concert Series (July 15, 22, 29, August 5, 12, & 19, 2022) The 2022 Summer Concert Series will return on Friday evenings in the Leo Ryan Park amphitheater beginning July 15. The sixth concert will also kick off the start of the multi- day festival, Summer Days.

Summer Days (August 19-21, 2022)
The three (3) day event honoring the City’s birthday features carnival rides, music, food, and crafts is back after its debut in 2019. Plans for this year’s event include incorporating the Rubber Ducky Race which was popular with the community when staff re-introduced it as part of the City’s 50th Anniversary in 2021. 160
DATE: February 22, 2022

TO:

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

FROM: Kevin Miller, Interim City Manager
Jennifer Phan, Interim Deputy City Manager

SUBJECT: EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY, THE CONTINUING NEED FOR CITY

COUNCIL AND PLANNING COMMISSION AND COMMITTEES

TO MEET BY TELECONFERENCE FOR INCREASED

ACCESSIBILITY, AND A GENERAL UPDATE ON THE NOVEL
CORONAVIRUS (COVID-19)

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions extending the proclamation of the existence of a local emergency caused by the threat of the novel Coronavirus (COVID-19), and proclaiming the continuing need for City Council/EMID Board of Directors, Planning Commission, and Committees to meet by teleconference and allow for increased meeting accessibility via in person and teleconference meeting participation (Attachments 1 and 2).

The general update is informational only and no further action is required.

BACKGROUND
On March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the outbreak of respiratory illness due to the novel Coronavirus (COVID-19). On March 5, 2020, San Mateo County declared a Local Health 161
Emergency pursuant to Health and Safety Code Section 101080 due to the introduction of COVID-19 in San Mateo County. On March 16, 2020, the County of San Mateo Public Health Officer issued an order to "shelter in place", effective March 17, 2020 at 12:01 am. This order, amongst other things, ceased non-essential activities in the County in an effort to mitigate the impacts of COVID-19. Essential City operations like police, fire, and wastewater treatment services, as well as the maintenance of critical infrastructure, are continuing to be provided. Most other City services have returned to pre-pandemic levels or have been reasonably modified (for a limited basis) in conjunction with the Health Officer’s order or to administer City operations.

The City Manager, acting as the City’s Director of Emergency Services, was authorized to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency. As a result, on March 16, 2020, the City Manager acting as Director of Emergency Services proclaimed the existence of a local emergency due to conditions and threatened conditions of peril due to the expansion of the COVID-19 virus. Pursuant to California Government Code Section 8630, the City Council ratified the proclamation made by the Director of Emergency services on March 18, 2020 per Resolution No. 2020-23, within the required seven (7) days of the proclamation.

Local Emergency
Since the proclamation of the existence of a local emergency back in March, the City Council has continued to receive updates at its meetings on the operational impacts and actions taken by the City related to COVID-19. The City Council had also received an overview of the City's recovery plan at its Vision & Policy Summit on June 4, 2020 and a presentation from the County of San Mateo on its Recovery Initiative on October 5, 2020. On October 6, 2020, the County Board of Supervisors accepted the final report on the SMC Recovery Initiative, which outlines a path toward a more equitable, healthy and connected community in the recovery from COVID-19.

To-date, the City Council had approved the continuation of the proclamation of the existence of a local emergency at its meetings on April 6, June 1, July 20, September 8, November 2, 2020, January 4, March 1, May 17, July 19, September 20, November 15, December 13, 2021, and January 18, 2022.

Per Government Code Section 8630, the City Council must reevaluate whether to continue the proclamation of the existence of a local emergency 162
every sixty (60) days until the emergency is terminated. Given the conditions creating the local emergency have not entirely abated, one of the items for City Council consideration is to extend the proclamation.

Continuing In-Person/Teleconference Hybrid Meetings
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. AB 361 comes as the provisions of Executive Order No.

N-29-20 (as revised by Executive Order No. N-08-21), which modifies the requirements for conducting meetings via teleconference during the COVID- 19 pandemic, expired on September 30, 2021. While the intent of Executive Order No. N-29-20 and AB 361 are both to facilitate public access to meetings via teleconferencing options, there are differences between the two. AB 361 amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology after the September 30, 2021 expiration of the current Brown Act exemptions as long as there is a “proclaimed state of emergency” by the Governor and certain findings are made regarding the need to conduct teleconferenced meetings.

On October 18, 2021, the City Council/Board of Directors approved resolutions to implement and utilize teleconference accessibility to conduct public meetings, pursuant to AB 361. Findings must be made every thirty (30) days to continue to the practice of such. By approving the resolutions attached, the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable. Approving the resolutions under AB 361 would also allow the continued flexibility that was provided by Executive Order No. N-29-20 to allow
Councilmembers/EMID Board Members or Planning Commissioners and other Committee Members to attend the meeting via teleconference without following the normal teleconference requirements under the Brown Act, which include listing the teleconference location on the published agenda and posting the agenda at the site of the teleconference. If circumstances change and it is determined that safety concerns prohibit in-person meeting participation entirely, members may pivot to teleconferencing only without the preparation that is otherwise required under the Brown Act, while maintaining accessible public meetings.
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Timeline
A summarized timeline of the various directives and orders as it pertains to the County of San Mateo, from the start of the pandemic to-date, is outlined in Attachment 3. At the outset of the pandemic, health orders were frequently changing in response to the varying COVID-19 case/transmission rates. City staff has since then provided updates to City Council at its regular meetings to keep both the City Council and the community abreast of any new developments on COVID-19 that may arise. The frequency of these updates transitioned to a monthly basis on March 2020. In alignment with the State's reopening, as well as the County of San Mateo ceasing its biweekly briefings, these updates are provided (for informational purposes only) on an as needed basis or every thirty (30) days when the proclamation of the existence of a local emergency is brought brought back to City Council for renewal (until no longer necessary) in conjunction with the findings of continuing the need to conduct teleconferenced meetings until no longer applicable. Timely updates and information will continue to be issued and available through the County of San Mateo directly, or on the City website and via the weekly e-Newsletter.

Latest Updates
San Mateo County lifted universal mask requirements for vaccinated individuals for most indoor public settings beginning Wednesday, February

16. Unvaccinated individuals still need to wear masks indoors. Everyone, regardless of vaccination status, is required to wear masks indoors in high- risk settings, including public transportation, health care settings, congregate settings like correctional facilities and homeless shelters, long-term care facilities, and in K-12 schools and childcare settings.

Vaccinations and booster shots are still available throughout San Mateo County, at County-sponsored clinics, community clinics, private health care providers, pharmacies and other venues. However, the County's mass vaccination clinic at the San Mateo County Event Center closed on February

9. To find a clinic, please visit https://www.smchealth.org/vaccine-clinic- calendar. Appointments are not required, though strongly encouraged as only a limited number of participants without appointments may be vaccinated.

Appointments can be made at https://myturn.ca.gov. As of February 8, 2022, a total of 687,812 individuals have been vaccinated in San Mateo County with at least one dose, representing 96.3% of the population age 12+ or 93.5% of the population age 5+.
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Testing remains an important strategy in continuing to reduce the spread of the disease. For those looking for locations and schedules, please visit https://www.smcgov.org/testing.

ANALYSIS
With the disruption in normal operations due to COVID-19 and the Public Health Order to “Shelter in Place”, City operations were implemented based on essential functions identified in the City's Continuity of Operations (COOP) and Continuity of Government (COG) Plan.

In the City's response to COVID-19, the main objective is to keep the community safe, reduce the risk of transmission, and help slow the spread of the novel Coronavirus (COVID-19). Outlined in the COVID-19 Response Plan Summary are six broad priority areas in which the City has focused its efforts to-date (Attachment 4).

FISCAL IMPACT
There is no fiscal impact associated with adoption of the resolutions.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item is in alignment to the "City Council Operations and Improved Community Engagement," "Public Safety and Social Equity," and "Staff Empowerment and Operational Excellence" Value/Priority Areas. The City recognizes the importance of reliable and timely communications to public, and as such, will continue to ensure delivery of information for all matters related to City services and COVID-19 response and recovery are shared.

Increasing accessibility to public meetings amid the COVID-19 crisis encourages the public to engage with the City Council/EMID Board of Directors, Planning Commission, and Committees in an equitable and safe manner.

Attachments:
Attachment 1 - City Resolution (Extending the Local Emergency and Continuing the Need for Teleconferencing)
Attachment 2 - EMID Resolution (Continuing the Need for Teleconferencing)
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Attachment 3 - COVID-19 Timeline (as of February 10, 2022) Attachment 4 - COVID-19 Response Plan Summary (as of February 10, 2022)
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RESOLUTION NO.____________

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

EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY THE THREAT OF THE NOVEL COVID-19 VIRUS, AND PROCLAIMING

THE CONTINUING NEED FOR THE CITY COUNCIL, PLANNING COMMISSION AND

COMMITTEES TO MEET BY TELECONFERENCE AND ALLOWING FOR INCREASED

MEETING ACCESSIBILITY VIA IN PERSON AND TELECONFERENCE MEETING

PARTICIPATION

CITY OF FOSTER CITY
WHEREAS, on January 30, 2020, due to confirmed cases of a severe acute respiratory illness caused by a new coronavirus (“COVID-19”), the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern, and on January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America; and
WHEREAS, on or about March 4, 2020, as part of the State of California's response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the potential introduction of COVID-19 in San Mateo County; and
WHEREAS, on March 12, 2020, the President of the United States declared a National Emergency in response to the spread of COVID-19; and WHEREAS, Section 2.40.070(A) of the Foster City Municipal Code empowers the City Manager, as the Director of Emergency Services, to proclaim (subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, based on the expanding threat of the novel COVID-19 virus, the City Manager, Acting as Director of Emergency Services, of the City of Foster City proclaimed the existence of a local emergency within the City on March 16, 2020; and WHEREAS, on March 18, 2020, per Resolution No. 2020-23, the City Council of the City of Foster City ratified the proclamation of the Director of Emergency Services and 167
extended the period of the existence of a Local Emergency for an additional 30 days or unless sooner terminated; and
WHEREAS, on April 6, 2020, June 1, 2020, July 20, 2020, September 8, 2020, November 2, 2020, January 4, 2021, March 1, 2021, May 17, 2021, July 19, 2021, September 20, 2021, November 15, 2021. December 13, 2021, and January 18, 2022 per Resolutions No. 2020-33, 2020-50, 2020-75, 2020-96, 2020-113, 2021-9, 2021-24, 2021-63, 2021-103, 2021-129, 2021-172, 2021-185, and 2022-5 respectively, the City Council of the City of Foster City extended the period of the existence of a Local Emergency for an additional 60 days or unless sooner terminated; and WHEREAS, San Mateo County had completed the variance process as set forth by the California Department of Public Health on June 15, 2020, allowing the County for a gradual re-opening to match the maximum as allowed by the State’s Resilience Roadmap; and
WHEREAS, although collective efforts taken to date regarding this public health emergency have slowed the virus’ trajectory, the emergency and the attendant risk to public health remain significant; and
WHEREAS, San Mateo County was added to the State’s monitoring list on July 29, 2020 and since then ranked in the Purple or Widespread risk level on August 28, 2020, in the Red or Substantial risk level on September 22, 2020, in the Orange or Moderate risk level on October 27, 2020, and in the Red or Substantial risk level on November 17, 2020; and
WHEREAS, San Mateo County then rolled back to the Purple or Widespread risk level on November 29, 2020 and a Limited Stay at Home order went into effect on November 30, 2020, with a Regional Stay at Home order to follow on December 17, 2020; and
WHEREAS, once the Regional Stay at Home order was lifted, San Mateo County rolled back to the Purple or Widespread risk level on January 25, 2021, moving into the Red or Substantial risk level on February 24, and then into the Orange or “Moderate” risk level on March 17; and
WHEREAS, the State has transitioned away from the Blueprint for a Safer Economy beginning June 15, 2021; however, the conditions creating the local emergency have not entirely abated, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations; and
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WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on October 18, 2021 the City Council adopted City Resolution No. 2021-155 proclaiming the continuing need for the City Council, Planning Commission and Committees to meet by teleconference and allowing for increased meeting accessibility via in person and teleconference meeting participation; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Foster City:

1. The proclamation of a local emergency is hereby extended for at least an additional 60 days, or until the proclamation is next extended by resolution. Per Government Code Section 8630, the City Council shall review and renew this declaration every 60 days until the emergency is terminated.

2. The City Council of the City of Foster City hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.

3. Due to COVID-19, holding meetings in-person only will present imminent risks to the health and safety to attendees; and

4. The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Committees have conducted meetings remotely during the course of the COVID-19 pandemic, and are currently reviewing options for conducting hybrid meetings in accordance with Government Code section 54953(e). The Parks and Recreation Committee held its first hybrid meeting on November 2, 2021.

5. The State of California and the City of Foster City continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers 169
for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees.

6. The City Council hereby declares that, pursuant to the findings listed in this Resolution, that the City Council/EMID Board of Directors and the City Council/EMID Board appointed Commissions and Committees are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.

BE IT FURTHER RESOLVED, that the City Council determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council/EMID Board and appointed Committee and Commission members to meet safely in person.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 22nd day of February, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
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RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT PROCLAIMING THE CONTINUING NEED FOR THE

ESTERO MUNICIPAL IMPROVEMENT DISTRICT BOARD OF DIRECTORS,

PLANNING COMMISSION, AND COMMITTEES TO MEET BY TELECONFERENCE

AND ALLOWING FOR INCREASED MEETING ACCESSIBILITY VIA IN PERSON AND

TELECONFERENCE MEETING PARTICIPATION

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic and such State of Emergency remains in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, on October 28, November 15, December 13, 2021 and January 18, 2022 per Resolutions No. 3610, 3621, 3624, and 3630 respectively, the EMID Board of Directors proclaimed the continuing need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to meet by teleconference and allowed for increased meeting accessibility via in person and teleconference meeting participation; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the Estero Municipal Improvement District finds that:

1. The Estero Municipal Improvement District Board of Directors (EMID Board) hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the EMID Board.

2. Due to COVID-19, holding meetings in-person only will present imminent risks to the health and safety to attendees; and

3. The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Committees have conducted meetings remotely during the course of the COVID-19 pandemic, and are currently reviewing options for conducting hybrid meetings in accordance with Government Code section 54953(e). The Parks and Recreation Committee held its first hybrid meeting on November 2, 2021.

4. The State of California and the City of Foster City continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees.

5. The EMID Board of Directors hereby declares that, pursuant to the findings listed in this Resolution, that the City Council/EMID Board of Directors and the City Council/EMID Board appointed Commissions and Committees are authorized to utilize teleconferencing to conduct public meetings pursuant to AB 361 and Government Code § 54953, as amended thereby.

BE IT FURTHER RESOLVED, that the EMID Board of Directors determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council/EMID Board and appointed Committee and Commission members to meet safely in person. 172
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the special meeting held on the 13th day of December, 2021, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
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NOVEL CORONAVIRUS (COVID-19) TIMELINE
Last Updated: Thursday, February 10, 2022

DATE ACTIVITY/DESCRIPTION
March 4, 2020 Governor Gavin Newsom declared a State of Emergency in response to the outbreak of respiratory illness due to the novel Coronavirus (COVID-19).

March 5, 2020 County of San Mateo declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the introduction of COVID-19 in San Mateo County.

March 31, 2020 County of San Mateo Public Health Officer issued a new order extending the "shelter in place" period through May 3, 2020, which was a complement to the indefinite statewide stay -at- home order issued by Governor Gavin Newsom earlier in March.

April 29, 2020 County of San Mateo Public Health Officer issued a new order (alongside the other Bay Area Health Officers) extending the shelter in place orders through May 31, 2020.

May 15, 2020 A revised order was issued, superseding the last order, bringing County of San Mateo into alignment with early Phase 2 of Governor Gavin Newsom’s Resilience Roadmap. The order maintained that all individuals continue to shelter in place and continues to restrict most activity, travel, and governmental and business functions to essential needs, outdoor activities, and outdoor businesses but adds additional businesses and a ctivities to the list of permitted functions.

May 28, 2020 A revised order was issued with a few modifications to the previous order to allow places of worship to hold services and retail stores to allow customers inside. It also provided guidelines for additional activities such as car parades and protests.

June 4, 2020 A revised order was issued to allow outdoor dining and charter boat operations, as well as amending the guidelines for funerals.

June 17, 2020 The County of San Mateo Public Health Officer rescinded the shelter in place order and replaced it with the Safer Community Order. The Safer Community Order align ed County of San Mateo with the State’s Resilience Roadmap and limits gatherings to no more than 5 0 people, outline d social distancing and face covering requirements, allow ed for "social bubbles," and require d businesses to implement a social distancing protocol and written health and safety plans.

July 29, 2020 County of San Mateo was added to the state's monitoring list due to an increase in the rate of COVID-19 cases in the County and as a result, specific indoor businesses were required to cease operations starting August 2, unless they could be modified to operate outside or by pick-up.

August 28, 2020 County of San Mateo was placed in the purple tier rank or "widespread" county risk level under the State's new color-coded reopening system.

September 22, 2020 County of San Mateo moved to the red tier rank or "substantial" county risk level.

October 27, 2020 County of San Mateo moved to the orange tier rank or "moderate" county risk level.

November 17, 2020 As COVID-19 cases and hospitalizations surged and ICU capacity levels declined, County of San Mateo rolled back to the red tier rank or "substantial" county risk level.

November 29, 2020 County of San Mateo then rolled back to the purple tier rank or "widespread" county risk level.

November 30, 2020 A Limited Stay at Home order went into effect.

December 17, 2020 A Regional Stay at Home order then went into effect.

January 25, 2021 The Regional Stay at Home order ended and the County of San Mateo returned to the purple tier rank or “widespread” county risk level.

February 24, 2021 County of San Mateo moved into the red tier rank or "substantial" county risk level.

March 17, 2021 County of San Mateo moved into the orange tier rank or "moderate" county risk level.

Attachment 3
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April 2, 2021 The California Department of Public Health and the Centers for Disease Control and Prevention released updated guidance recommending delaying travel until persons are fully vaccinated.

Fully vaccinated travelers should follow CDC travel guidance and are not required to test or quarantine before or after travel unless they have symptoms concerning for COVID-19 disease.

April 6, 2021 Governor Gavin Newsom outlines the State’s next step in the COVID-19 pandemic recovery, moving beyond the Blueprint for a Safer Economy, and announces that on June 15, California will fully reopen if criteria are met.

April 15, 2021 The California Department of Public Health adjusted its Orange Tier 3 guidance for gatherings, private events and indoor seated live events and performances. Outdoor gathering size increases to 50 people. For private events or meetings such as receptions or conferences, outdoor gatherings are limited to 100 people. Indoor live events or performances are allowed with capacity limits and modifications including physical distancing, advance ticket purchases, designated areas for eating and drinking, and attendance limited to in-state visitors.

May 3, 2021 The California Department of Public Health provides updated guidance on use of face coverings, which essentially provides exceptions for those fully vaccinated in outdoor settings.

May 12, 2021 County of San Mateo moved into the yellow tier rank or "minimal" county risk level.

May 19, 2021 Bay Area Health Officers release statement in support of the California Department of Public Health’s strategy to continue with current masking guidance until June 15, when the State will align with the CDC’s updated masking guidance.

June 3, 2021 Bay Area Health Officers release statement in support the opening of California schools for full time in-person instruction for all grades in the fall of 2021.

June 15, 2021 State of California officially reopens and moves “Beyond the Blueprint” which ends the color- coded reopening tier systems and lifts most restrictions on businesses. Most County of San Mateo offices reopen in-person as well.

July 16, 2021 County of San Mateo Joins Bay Area Counties in recommending masking indoors as precaution against COVID-19, particularly the increased circulation of the Delta variant.

July 19, 2021 City of Foster City began hybrid in-person and virtual City Council meetings.

July 26, 2021 County of San Mateo announces face coverings are required solely at County-operated facilities.

July 26, 2021 City of Foster City reopened City Hall to the general public for walk-ins during regular business hours from 8:00 AM-5:00 PM, Monday to Friday.

July 29, 2021 City of Foster City announces face coverings are required at all times indoors when visiting City facilities.

August 3, 2021 County of San Mateo issues a health order requiring all individuals, regardless of vaccination status, to wear face coverings when indoors in public settings, with limited exceptions.

August 9, 2021 City of Foster City reopened Recreation Center and began offering indoor programs again.

August 26, 2021 Bay Area Health Officers release statement reaffirming support for full in-person school, given safety measures and flexibility for different approaches to meet the needs and capacities of a of schools and districts.

September 16, 2021 Governor Gavin Newsom signs Assembly Bill 361, as the provisions of Executive Order No. N- 29-20 (as revised by Executive Order No. N -08-21), which modifies the requirements for conducting meetings via teleconference during the COVID -19 pandemic, expire s on September 30, 2021. AB 361 amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual m eeting technology as long as there is a “proclaimed state of emergency” by the Governor and certain findings are made regarding the need to conduct teleconferenced meetings.

September 30, 2021 San Mateo County Health announces it will be launching Booster Clinics at the Event Center October 7, 2021 Bay Area Health Officers issue criteria for lifting COVID-19 indoor masking requirements to allow organizations to set those requirements independently.

October 18, 2021 City of Foster City/EMID adopts resolut ions so the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without 175
interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable, under AB 361.

December 1, 2021 The California Department of Public Health has published a fact sheet about the Omicron variant. County Health is working with the state to understand potential local impacts.

December 15, 2021 The California Department of Public Health has mandated that everyone in California wear a mask in indoor public spaces and workplaces. The order is in effect December 15, 2021 to January 15, 2022.

January 5, 2022 The California Department of Public Health announces the extension of its mask mandate. The order is in effect December 15, 2021 to February 15, 2022.

January 5, 2022 City of Foster City/EMID announces that City Council, Planning Commission, citizen advisory committees, and other public meetings will be held virtually for the months o f January and February starting January 13, 2022.

February 16, 2022 Indoor masking is no longer required by the State or County, except for unvaccinated individuals. Everyone, regardless of vaccination status, must continue to mask indoors in high- risk se ttings, including public transportation, health care settings, congregate settings like correctional facilities and homeless shelters, long-term care facilities, and in K-12 schools and childcare settings.

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NOVEL CORONAVIRUS (COVID-19) RESPONSE PLAN SUMMARY
Last Update d: Thursday, February 10 , 2022
O
VERALL OBJECTIVE: To keep the community safe, reduce the risk of transmission, and help slow the spread novel Coronavirus (COVID -19)

OBJECTIVE ACTION ITEMS STATUS

TO MAINTAIN COMPLIANCE WITH PUBLIC

HEALTH ORDERS FROM THE COUNTY AND

STATE (SHELTER IN PLACE/STAY AT HOME)
Monitor the evolving COVID -19 situation and work closely with the County and neighboring jurisdictions
• Update Countywide Matrix with operational changes (Last Updated 03/18/20) • Participate in conference calls which includes Elected Officials, City Managers, City Attorneys, Public Safety (Daily Until 03/25/20; Monday, Wednesday, Friday Until 05/18/20; Wednesday & Friday Until 06/24 /20; Wednesday Until 10/21/20 ; Transitioned to Every 2 Wednesdays Until 06/09/21, Ending Thereafter) • Participate in Special Briefings which includes Elected Officials, City Managers, and Public Safety as needed (01/13/22)
• Nexus with City Attorney/County Counsel for Guidance (As Needed) • Update 211 Bay Area (a program of United Way Bay Area) with City Updates Ongoing
Work in alignment with SMC Fire (Member Agencies) to coordinate response • Proclamation of Local Emergency (City Manager/Director of Emergency Services Proclaimed on 03/16/20; City Council Ratified on 03/18/20 ; Extended on 04/06/20 , 06/01/20, 07/20/20, 09/08/20, 11/02/20, 01/04/21, 03/01/21, 05/17/21, 07/19/21 , 09/20/21, 11/15/21, 12/13/21, 01/18/22, and 2/22/22 (Scheduled) • Joint, Multiagency Emergency Operation Center (Activated on 03/16/20; Transitioned from Assigned Foster City Liaison to Multiple Staffed Positions; Transitioned to Virtual E
OC on 05/11/20; Closed EOC on 05/29/20)
o D
aily Emergency Action Plan (EAP) prepared and distributed by EOC o Daily Situation Status Report (SIT STAT) created and distributed by EOC Ongoing
Implement adjustments to City services and operations in response to Public Health Orders Ongoing Attachment 4
177

• Order No. c19-2, dated March 12, 2020
o Cancelled all non-essential meetings, events, and large gatherings through month of March
o Issued refunds for voluntary cancellations
o No longer accepted new facility reservation requests
o Implemented social distancin g measures for any upcoming, essential meetings
o Restricted non-essential travel for all employees
o Encouraged public to utilize City services available online, over-the -phone, and/or email
• Order No. c19-5, dated March 16, 2020
o City Facilities Closure through April 7, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Transitioned all future City Council and Planning Commission meetings to be conducted via teleconference/video conference
o Cancelled all classes and programs through April 7, 2020 o Transitioned employees to telework/remote
• Order No. c19-5b (Revised), dated March 31, 2020
o City Facilities Closure through May 3, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Extended limitations to recreational activity spaces, with only park pathways and open green space (nonathletic fields) remaining opening o Cancelled all non-essential meetings and events through May 3, 2020 o Issued stop work orders to cease all non -essential construc tion activity immediately
o Posted required Social Distancing Protocol and Signage • Health Recommendation (to Cover Face), dated April 2, 2020 o All essential workers on-site, in-field to follow same recommendations and be an example to the community by wearing appropriate coverings at all times • Order No. c19-8, dated April 17, 2020
o All employees to have face coverings at all times, when working with others and in are as that are frequented by your co -workers, including hallways, restrooms, stairways, lunch and break rooms, and other shared spaces. • Order No. c19-5c (Revised), dated April 29, 2020
o City Facilities Closure through May 31, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Cancelled all non-essential meetings and events through May 31, 2020 o Construction, landscaping and gardening work allowed to resume 178

o Posted required, updated Social Distancing Protocol and Signage o Developing phased reopening of City facilities based on evaluation of easing of restrictions within Order
• Order No. c19-5d (Revised), dated May 15, 2020
o Developed phased reopening of City facilities based on evaluation of easing of restrictions within Order , with outlined protocols and best practices on preventative measures, site- specific changes, reconfigurations, screening, cleaning/disinfecting, communication & posting, etc.
o Outdoor facilities with high -touch equipment or that en courage gathering must remain closed to public access. Such facilities include playgrounds, gym equipment, climbing walls, picnic areas, dog parks, spas, and barbecue areas. o Removal of previous order’s limit on travel for recreational activities to within 10 miles from home
• Order No. c19-8b (Revised), dated May 19, 2020
o All members of the public and workers to wear face coverings at all times • Order No. c19-5e (Revised), dated May 28, 2020
o Additional activities allowed, including places of worship, retail, car parades, and protests
o Reopened four (4) pickleball and two (9) tennis courts; implementing reservation system and active monitoring by City staff
o Cancelled all non-essential meetings and events through June 30, 2020 o Reevaluated all major City special events (s uch as Fourth of July, Summer Concerts, and Summer Days) and proposed plans for events in virtual, modified formats
• Order No. c19-5f (Revised), dated June 4, 2020
o Additional activities allowed, including outdoor dining, charter boat operations, and funerals
o Reopened beach parks, boat docks, two (2) walking tracks, and parking lots of all (except one) park sites
o Developed visitor protocols to provide guidance on requirements and expectations of those seeking in-person services, with outlined protocols and best practices on preventative measures, self -health assessments, face covering and social distance requirements, capacity levels, etc. o More employees reintroduced into the workplace; implementation of appointment scheduling software to allow in- person services beginning June 15, 2020
• Order No. c19-11, dated June 17, 2020
179