b. DONOR understands and agrees that its agreement to contribute funds to the City to reimburse it for a portion of the Project costs was a material inducement for the City to undertake the Project and but for DONOR’s agreement, City would not have carried out the Project.
2. CITY RIGHTS AND OBLIGATIONS.
City designed and constructed the Project, converting Sea Cloud Park playing fields designated as S1, S2, and B1, from grass fields to synthetic turf fields in 2019.
3. INDEMNIFICATION OF DONOR. If DONOR makes the Initial Contribution and Annual Contributions specified in section 1, then City shall defend, indemnify and hold DONOR harmless from and against any and all claims, liabilities, costs or expenses for any damage due to death or injury to any person, injury to any property, or any other damage to the extent arising from or relating to the design or construction of the Project.
4. DEFAULT. If either party (“demanding party”) has a good faith belief that the other party (“defaulting party”) is not complying with the terms of this Agreement, the demanding party shall give written notice of the default (with reasonable specificity) to the defaulting party, and demand the default to be cured within ten days of the notice.
If: (a) the defaulting party fails to cure the default within ten days of the notice, or, (b) if more than ten days are reasonably required to cure the default and the defaulting party fails to give adequate written assurance of due performance within ten days of the notice, then (c) the demanding party may terminate this Agreement upon written notice to the defaulting party and shall be entitled to exercise all rights and seek all remedies granted by law, including specific performance.
5. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section.
Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. Either party may modify their respective contact information identified in this section by providing notice to the other party. 293
3 To: City of Foster City To: Foster City Tournament Baseball Attn: Jennifer L. Liu, Parks and Recreation Director Attn: T.J. Consunji or Club Treasurer 650 Shell Boulevard 1659 Beach Park Boulevard
Foster City, CA 94404 Foster City, CA 94404
[email protected]
6. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
7. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.
8. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Mateo.
9. ATTORNEY’S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.
10.ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the DONOR’s obligations be delegated, without the written consent of the City. Any attempt to assign or delegate this Agreement without the written consent of the City shall be void and of no force or effect.
11.MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.
12.WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
13.MUTUAL DRAFTING. Each party recognizes that this is a legally binding contract and acknowledges and agrees that they have had the opportunity to consult with legal counsel of their choice. Each party acknowledges that it has cooperated in the drafting, negotiation and preparation of this Agreement and agrees that any uncertainty herein is the fault of both of the parties and, therefore, California Civil Code section 1654 or any comparable statute is not applicable to the Agreement’s interpretation.
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4 14.THIRD PARTY BENEFICIARY. The terms and provisions of this Agreement are intended solely for the benefit of each party hereto and it is not the intention of the parties to confer third-party beneficiary rights upon any other person or entity.
15.ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the matters described herein.
16.SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of DONOR and the City. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the City and DONOR agree to the full performance of the terms set forth herein.
“CITY” “DONOR”
CITY OF FOSTER CITY FOSTER CITY TOURNAMENT BASEBALL
______________________ _______________________
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5 EXHIBIT A
AMOUNT AND SCHEDULE FOR CONTRIBUTIONS
Organization: Foster City Tournament Baseball
Total Donation Amount Under this Agreement: $20,000
Initial contribution Amount: $3,000
Initial Contribution Due Date: March 1, 2022
Subsequent Annual Contribution Amount(s): $3,000
Subsequent Annual Contribution Due on or before March 1 of each year, commencing on March 1, 2023
Final Contribution Amount: $2,000
Final Contribution Due Date: March 1, 2028
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DATE: March 21, 2022
TO: Mayor and Members of the City Council
FROM: Kevin Miller, Interim City Manager
Tiffany Oren, Recreation Manager
SUBJECT: REQUEST FOR PROPOSALS FOR TRACKLESS TRAIN
CONCESSION AT LEO J. RYAN PARK FROM JUNE 1, 2022
THROUGH DECEMBER 31, 2024, WITH OPTIONAL
EXTENSIONS THROUGH DECEMBER 31, 2026
RECOMMENDATION
It is recommended that City Council adopt the attached resolution approving the issuance of a Request for Proposals (RFP) for a Trackless Train Concession at Leo J. Ryan Park from June 1, 2022 through December 31, 2024, with optional extensions through December 31, 2026.
EXECUTIVE SUMMARY
Concession agreements allow private and/or non-profit agencies to provide amenities in addition to those provided directly by the City. Specifically, this concession service would offer the community a trackless train amusement ride along a designated route in Leo J. Ryan Park.
Because the City had no previous experience with an amusement-type ride in Leo J. Ryan Park, the City Council approved a three (3) month pilot program during the summer of 2021 with Kiddos Chu Chu in order to provide an opportunity for program evaluation. Based upon this evaluation, both the City and the pilot program vendor believe that a program of this nature may be successful on an on-going basis.
Since concession agreements grant the right to engage in revenue- 297
generating activities in City parks, it is important that opportunities be open to all interested applicants to ensure access to all businesses and that the best selection for the Foster City community be made from among the available array of vendors. The RFP (Attachment 2) outlines the terms under which the City requires that the Trackless Train Concession at Leo J. Ryan Park be operated, and provides the process by which interested vendors can provide proposals.
BACKGROUND
The Parks and Recreation Department is dedicated to facilitating maximum access to the park system through a variety of services and activities. One way to increase public access is through concession agreements in which private and non-profit agencies are granted exclusive access to provide amenities that the City is unable to efficiently and effectively provide with its existing resources. Secondarily, fees are charged for the right to provide exclusive services on City park property, which serves as a revenue source for the City.
In October 2020, the Parks and Recreation Department received a request from Cesar Aguilar, owner and operator of Kiddos Chu Chu, to consider an amusement train ride concession for children at Leo J. Ryan Memorial Park.
After the program proposal was reviewed by City Staff, Interdepartmental Evaluation Committee (IDEC), and the Parks and Recreation Committee, it was recommended by staff and approved by the City Council to move forward with a three (3) month pilot program during the summer of 2021. Upon the completion of the pilot period, City staff planned to evaluate the program and, if successful, bring to the City Council a recommendation to issue a Request for Proposals for a permanent amusement train concession for Leo J. Ryan Park.
ANALYSIS
Based upon the popularity of the concession, staff recommends that City Council authorize issuing a Trackless Train Concession RFP for vendors who wish to provide the on-going service. Attachment 2 contains the proposed language, which includes a 31 month initial term from June 1, 2022 through December 31, 2024, which will align the service with the calendar year. Two (2) optional one-year extensions through December 31, 2026 are also included, which would be approved by the City Manager. The alignment with the calendar year means that contract extensions or renewals can be 298
undertaken during the winter “off-season” since the train concession would run from spring through the Fall season.
The RFP seeks a vendor to provide similar services to those provided during the June-September 2021 pilot program period.
Based on the proposed timeline, an agreement is anticipated to be brought to the City Council for approval in May 2022.
FISCAL IMPACT
There is no significant cost associated with issuing the RFP. The projected revenue to the City from Trackless Train Concession, as well as any potential costs to the City to host the concession, will be included in the Fiscal Impact when the concession agreement is brought to City Council for approval.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Taking this action is consistent with the City Council’s "Improved Community Engagement" Value/Priority Area by encouraging resident engagement with the City through utilizing the parks system. It is consistent with the City Council’s "Operational Excellence" Value/Priority Area in offering an exceptional service to the community through a concession that could not be provided in-house.
Attachments:
Attachment 1 - Resolution
Attachment 2 - Request for Proposals
299
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING
ISSUANCE OF A REQUEST FOR PROPOSALS FOR TRACKLESS TRAIN CONCESSION AT LEO RYAN PARK FROM JUNE 1, 2022, THROUGH DECEMBER 31, 2024, WITH OPTIONAL EXTENSIONS THROUGH DECEMBER 31, 2026
CITY OF FOSTER CITY
WHEREAS, the City wishes to highlight the park system as an amenity for residents and visitors to Foster City; and
WHEREAS, a trackless train ride concession operated successfully for approximately three months as a trial program during June-September 2021; and WHEREAS, a contract agreement beginning June 1, 2022 and ending December 31, 2024 would provide the community a trackless train amusement ride along a designated route in Leo Ryan Park; and
WHEREAS, because of the exclusive nature of the concession, it is important to open it periodically to allow organizations the opportunity to submit proposals.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOSTER CITY that the City Council of the City of Foster City does hereby authorize the issuance of a Request for Proposals (RFP) for a Trackless Train Ride Concession at Leo Ryan Park from June 1, 2022 and ending December 31, 2024, with optional extensions through December 2026.
PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
300
Recreation Division
650 Shell Boulevard
Foster City, CA 94404
March 22, 2022
SUBJECT: Request for Proposals – Trackless Train Ride Operation at Leo Ryan Park
Dear Contractor,
You are invited to submit a proposal to provide a trackless train ride operation at the City of Foster City as outlined and delineated on the enclosed Scope of Services. Proposals are due to the Recreation Center, 650 Shell Boulevard, Foster City, CA 94404, before 4:00 PM on Tuesday, April 12, 2022.
CONTRACT
The concession agreement grants exclusive right to operate a trackless train ride attraction to the general public in Leo Ryan Park during the contract term. The proposed contract period shall be from June 1, 2022, through December 31, 2024, with optional extensions through December 31, 2026.
The successful proposer will be required to enter into and abide by the terms of the City ’s Concession Agreement for Trackless Train Ride Operation at Leo Ryan Park including all insurance requirements. A draft of this document is included as an attachment to the Request for Proposals.
PROPOSALS
Each proposer must submit two (2) hard copies of the completed Proposer Response Form. Proposers may optionally submit a n additional cover letter of up to one page with supplementary information relevant to their proposal. Proposals shall include acknowledgement of the background check requirement.
Proposals will be evaluated based on the information outlined in this Request for Proposals. Financial terms alone will not be the sole determining factor in the selection of the concessionaire. The City will evaluate qualifications and references and may conduct interviews with the proposers to provide an opportunity for proposers to demonstrate their qualifications for the proposed services.
From these processes, the City will select a concessionaire and negotiate final terms. The terms in the Request for Proposals with modifications based on Proposer’s submittal, will be incorporated into the exhibits of the final agreement with the successful proposer.
The concessionaire must be ready to execute an Agreement for Trackless Train Ride Operation at Leo Ryan Park within ten (10) days of award of the contract and be ready to begin providing service on June 1, 301
2022.
REQUESTS FOR ADDITIONAL INFORMATION
The City reserves the right to seek clarification or additional information from any proposer throughout the solicitation process. The City may require a proposer’s representative to answer questions during the evaluation process with regard to the proposal. Failure of a proposer to demonstrate that the claims made in its proposal are accurate may be sufficient cause for deeming a proposal non-responsive.
Sincerely,
Tiffany Oren
Recreation Manager
Enclosures:
(1) Request for Proposals
(2) Concession Agreement for Trackless Train Ride Operation at Leo Ryan Park (draft) (3) Proposer Response Form
302
COUNTY OF SAN MATEO, CALIFORNIA
RECREATION DIVISION
Request for Proposals:
TRACKLESS TRAIN RIDE OPERATION AT LEO RYAN PARK
Bids Due:
April 12, 2022 before 4pm
650 Shell Boulevard, Foster City
303
CITY OF FOSTER CITY
REQUEST FOR PROPOSAL
TRACKLESS TRAIN RIDE OPERATION AT LEO RYAN PARK
The City is seeking proposals for a vendor to operate a trackless train ride (“CONCESSIONAIRE”) pursuant to a concession agreement that shall be awarded by the City Council to one vendor The concession agreement grants exclusive right to operate a trackless train ride attraction to the general public in Leo Ryan Park during the contract term. A draft concession agreement is attached to this Request for Proposal.
The City reserves the right to amend or modify the draft concession agreement prior to award. Nothing herein shall obligate the City to award the concession agreement and the City reserves t he right to withdraw the Request for Proposal or to not award the concession agreement to any CONCESSIONAIRE.
1. Deliverables:
a. Location and Equipment. The CONCESSIONAIRE would operate a trackless train ride concession at the area, Leo Ryan Park , (the "premises") designated by City.
CONCESSIONAIRE shall provide all materials and equipment necessary to operate the concession at the premises. CONCESSIONAIRE may also offer other amenities including food and novelty items for sale. The proposal should include a description of the materials and equipment proposed to be utilized and any other amenities proposed to be offered by the CONCESSIONAIRE.
2. Scope of Services:
a. Purpose; Days and Hours; Operation. The premises shall be used by CONCESSIONAIRE only for t he purpose of train ride concession to the general public. The Leo Ryan Park concession shall be operated from 12:00 PM to 8:00 PM on Fridays and 10 :00 AM to 8:00 PM on Saturdays and Sundays during the months of June through October. CONCESSIONAIRE may close operations during adverse weather or other adverse operating conditions.
CONCESSIONAIRE will vacate the premises when requested by the CITY for specific community events or for required maintenance as determined by the CITY.
CONCESSIONAIRE must receive advance authorization from the CITY if the train ride concession needs to operate outside of the scheduled times.
No alcoholic beverage (including beer and wine) or goods, merchandise or material that are in any way explosive or hazardous shall be sold, kept or stored on the premises. No offensive or dangerous activity shall be carried on or permitted on the premises.
Additional Requirements. Concession shall be operated under the following additional conditions:
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• Garbage Disposal: It is illegal to dispose of any garbage in Foster City’s lagoon.
An enclosed receptacle for trash is required to be at the on/off-loading area at a minimum . CONCESSIONAIRE will be ultimately responsible for proper disposal of recyclable and non- recyclable items. If the CONCESSIONAIRE sells or serves food, it shall provide a separate container and keep contents separate from garbage and provide signage indicating the proper disposal of organic materials.
• Passenger Loading and Unloading: Passengers may embark and disembark only at such areas as are designated by CITY within Leo Ryan Park.
• License: The driver of the trackless train must be at least 21 years old and must maintain a valid CLASS C drivers license.
• Safety: CONCESSIONAIRE will adhere to the highest safety standards to ensure that train passengers of all ages remain safely inside the vehicle and that park users are not endangered in any way.
• Emergency Communication: CONCESSIONAIRE must have a cell phone or other communications device available at all times in case of emergency and know how to reach emergency services.
b. Siqns.
CONCESSIONAIRE shall supply CITY with copies of all promotional materials at least ten days prior to use thereof for its reasonable approval. CITY reserves the right to approve or deny all signs proposed to be placed on the premises.
c. Parking. CONCESSIONAIRE shall park vehicles in areas designated by the City/District. Employees and customers shall be directed by CONCESSIONAIRE to park in designated legal parking spaces. All regulations governing controlled parking spaces and fire lanes shall be observed. The train must be stored off-site or in designated parking area when not in use.
d. Condition of Premises. CONCESSIONAIRE agrees to accept City premises and any improvements thereon in the existing condition, “as-is.” City/District shall not be obligated to make any alterations, additions, improvements or repairs.
e. Personnel. CONCESSIONAIRE shall keep the City/District advised, in writing, of the names, mailing addresses, and phone number of all CONCESSIONAIRE employees engaged in operating the concession at the premises. All employees shall be at least 16 years of age and fully trained and qualified, to perform duties assigned to them. They shall be recognizable as employees of the CONCESSIONAIRE. Concession employees shall comply with any and all background check requirements imposed by CITY. CITY reserves the right to modify requirements throughout the contracted term.
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3. Term of Concession Agreement:
a. Term.
The term of the Agreement that would be awarded would commence June 1, 2022, and expire on December 31, 2024.
b. Term Extensions. The contract term may be renewed at the CITY’s sole option for up to two (2) one- year (12 months) increments. Within six (6) months of the expiration of the current term of the agreement, but not less than two (2) months before the expiration, CITY may exercise its option to extend the term, should an option remain, by notifying the CONCESSIONAIRE in writing.
4. Fees and Payment Milestones:
a. Percentage Concession Fees. CONCESSIONAIRE shall pay the CITY, without demand, the agreed upon percentage concession fee of CONCESSIONAIRE’s gross receipts (as hereinafter defined) at the end of each season . Response to RFP should identify proposed percentage.
Gross Receipts. The Term "gross receipts" as used herein is the total amount of fees for service performed at the premises whether paid at the concession site or elsewhere, it being understood that sales on credit are to be included in gross receipts at the time of sale whether or not CONCESSIONAIRE actually receives payment. Any transaction shall be treated as a sale for the full price at the time such transaction was entered into irrespective of the time of payment. Gross sales shall not include the amount of any sales tax where such tax is stated separately, paid by CONCESSIONAIRE’s customers and remitted directly to the taxing authorities by CONCESSIONAIRE.
b. Project Payment Schedule. Before November 15th of each year, CONCESSIONAIRE shall furnish the CITY a Statement of Gross Receipts for the immediately preceding dates of June 1 to October 31 and CONCESSIONAIRE shall pay the CITY/DISTRICT, without demand, the agreed upon concession fee.
Attachments:
• Exhibit A – Draft Concession Agreement for Trackless Train Ride Operation at Leo Ryan Park
306
CITY OF FOSTER CITY
PROPOSER RESPONSE FORM
TRACKLESS TRAIN RIDE OPERATION AT LEO RYAN PARK
SECTION 1: Contact Information
Organization Name: _____________________________________________________________ Contact Name: _________________________________________________________________ Address: _______________________________________________________________________ Phone #: ______________________________________________________________________ Email: _________________________________________________________________________
SECTION 2: Addenda
I acknowledge receipt of the following addenda:
Addenda Number Date
SECTION 3: Qualifications
Organization Experience, Qualifications, Reputation, Service Capabilities and Quality Related to Train Ride Amusement Operation at Leo Ryan Park: ____________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
Description of Team to Provide Train Operation Oversight Name Title/Role with Organization Proposed Role with Operation
Proposed Approach/Philosophy Toward Provision of Train Ride Services at this Location: ______ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
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SECTION 4: Conflict of Interest
☐ By checking this box, we confirm that this engagement will not result in a conflict of interest for the organization or any of the team members.
SECTION 5: Proposal
The Request for Proposals outlines proposed terms for the concession agreement . Please enumerate exceptions to or alternative terms that you would propose:
RFP Section Accept
RFP
Proposal Exceptions or Alternative Terms
(add sheets if needed)
1a: Location and Equipment ☐
2a: Purpose, Days and Hours,
Operation
☐
2b: Signs ☐
2c: Parking ☐
2d: Condition of Premises ☐
2e: Personnel ☐
2f: Quality of Service, Rates and
Charges
☐
2g: Renewal of Agreement ☐
2h: Park Inspection and
Maintenance
☐
3a: Term ☐
3b: Term Extensions ☐
4a: Gross Receipts Insert
amount not
less than
10%
4b: Records; Inspection ☐
4c: Project Payment Schedule ☐
308
RFP Section Accept
RFP
Proposal Exceptions or Alternative Terms
(add sheets if needed)
5a: Purpose ☐
5b: Approval Process ☐
Exhibit A: Draft Concession
Agreement
☐
Other Proposed Terms Not
Contained in RFP
☐
SECTION 6: Submittal guidelines
Submit two (2) hard copies of this proposal form and optional additional one-page cover letter by the due date listed on the RFP Cover Letter to:
Recreation Center
650 Shell Boulevard
Foster City, CA 94404
Late proposals will not be considered.
By signing below I attest that the information contained in this proposal is true and correct.
SIGNATURE OF CONCESSIONAIRE AUTHORIZED TO SIGN AGREEMENTS DATE
PRINT NAME AND TITLE
309
1 CONCESSIONS AGREEMENT
FOR
TRACKLESS TRAIN RIDE OPERATION AT LEO RYAN PARK
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 _______________ hereinafter called "CONCESSIONAIRE".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
A. That CITY issued a Request for Proposals for a Trackless Train Concession at Leo Ryan Park from June 1, 2022, through December 31, 2024, with optional extensions through December 31, 2026; and
B. That CONCESSIONAIRE responded to the Request for Proposals and has represented that it is qualified to operate the concession;
C. That the CITY and CONCESSIONAIRE wish to enter into an agreement upon the terms and conditions as hereinafter set forth.
1. Services
. The services to be performed by CONCESSIONAIRE under this Agreement are 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 (“Services”).
Performance of the work specified in said Exhibit A is hereby made an obligation of CONCESSIONAIRE 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 June
1, 2022 and shall expire upon December 31, 2024 unless the City Manager, in his or her sole discretion, extends the term of this Agreement for additional one year terms through December 31, 2026.
(b) Notwithstanding the provisions of (a) above, either party may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effec tive date of termination, which date shall be included in said notice. 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.
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2 3. Compensation; Expenses; Payment . CONCESSIONAIRE shall compensate CITY in an amount fully described in Exhibit B attached hereto and by this reference incorporated herein.
4. Records. CONCESSIONAIRE shall keep and maintain accurate records of its gross receipts . Said records shall be available to CITY for review and copying during regular business hours at CONCESSIONAIRE ’s place of business or as otherwise agreed upon by the parties.
5. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
6. Relationship of Parties . It is unde rstood that the relationship of CONCESSIONAIRE to the CITY is that of an independent contractor and all persons working for or under the direction of CONCESSIONAIRE are its agents or employees and not agents or employees of the CITY.
7. Schedule. CONCESSIONAIRE shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions or deviations from the schedule as needed to account for unavoidable circumstances; provided, however, that CONCESSIONAIRE obtains authorization from the CITY.
8. Indemnity. To the fullest extent allowed by law, CONCESSIONAIRE 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, c ost (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 or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of CONCESSIONAIRE , its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.
The duty of CONCESSIONAIRE 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 c onstrued to require CONCESSIONAIRE to indemnify 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.
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3 CONCESSIONAIRE’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.
9. Insurance
. CONCESSIONAIRE shall acquire and maintain Workers’
Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to CONCESSIONAIRE’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
CONCESSIONAIRE’s vehicle usage in
performing services hereunder)
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.
CONCESSIONAIRE 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 312
4 CONCESSIONAIRE shall agree to be bound to CONCESSIONAIRE and CITY in the same manner and to the same extent as CONCESSIONAIRE 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.
CONCESSIONAIRE 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, CONCESSIONAIRE shall, on the Insurance Coverage form provided in Exhibit D, or equivalent, furnish CITY with certificates and copies of all declaration and endorsement pages for the insurance policy or policies required hereunder. With respect to commercial general liability and automobile liability insurance coverage, CONCESSIONAIRE must obtain and provide the following original endorsements:
(a) Precluding cancellation or reduction in per occurrence limi ts 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 and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
(c) Providing the additional insured coverage under
CONCESSIONAIRE’s insurance policy shall be primary and non- contributory insurance with res pect to 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 s hall be in excess of CONCESSIONAIRE’s insurance and not contributory with it.
CONCESSIONAIRE 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 requi red by this Agreement, before the CITY’s insurance or self-insurance may be called upon to protect CITY as a named Insured.
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5 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 CONCESSIONAIRE/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 CONCESSIONAIRE and CITY in the same manner and to the same extent as
CONCESSIONAIRE 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 o f the sub- subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.
CONCESSIONAIRE 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 CONCESSIONAIRE 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 CONCESSIONAIRE.
10. WORKERS' COMPENSATION.
CONCESSIONAIRE 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 CONCESSIONAIRE certifies that it will comply with such provisions before commencing the performance of the work of this agreement.
11. NON-DISCRIMINATION.
The CONCESSIONAIRE will not discriminate
against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONCESSIONAIRE 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, rec ruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONCESSIONAIRE shall at all times be in compliance with the 314
6 requirements of the Federal Amer icans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONCESSIONAIRE 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.
12. Notice. All notices required by this Agreement shall be given to the CITY and CONCESSIONAIRE 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: Tiffany Oren, Recreation Manager
CONCESSIONAIRE: Name
Address
City, State, Zip
Attention: _____________
Email Address:_________
13. Non-Assignment. This Agreement is not assignable either in whole or in part.
14. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
15. 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.
16. 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.
17. Compliance with the Law . CONCESSIONAIRE agrees to comply with all laws in providing the Services, including but not limited to, obtaining a Mechanical Amusement Per mit pursuant to Foster City Municipal Code Chapter 5.64 and a City business license. This Agreement shall authorize the CONCESSIONAIRE to conduct sales for profit in a City park pursuant to Foster City Municipal Code section 12.36.010.
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7 18. 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 se ttlement and each party shall bear its own legal costs.
19. Entire Agreement. This Agreement, including Exhibits A, B C, D, and E, 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: _________________________________
Richa Awasthi, Mayor
ATTEST:
Dated: ________________________________
Priscilla Schaus, City Clerk
APPROVED AS TO FORM
Dated:
Ben Stock, City Attorney
CONCESSIONAIRE
Dated:
Type Name & Title of CONCESSIONAIRE
Authorized to Sign
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8 EXHIBIT A
SCOPE OF WORK and SCHEDULE
FOR
TRACKLESS TRAIN RIDE CONCESSION IN LEO J. RYAN PARK
Scope of Deliverables:
Scope of Services:
Project Schedule:
317
9 EXHIBIT B
CONCESSIONAIRE’S FEES and PAYMENT MILESTONES
Summary:
Project Payment Schedule:
318
10 EXHIBIT C
ADDITIONAL TERMS and CONDITIONS
319
11 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:
ADDRESS:
TELEPHONE: ( ) DATE ISSUED:
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12 Exhibit E
SPECIAL TERMS and CONDITIONS
321
DATE: March 21, 2022
TO: Mayor and Members of the City Council
VIA: Kevin Miller, Interim City Manager
FROM: Jennifer Phan, Interim Deputy City Manager
Edmund Suen, Finance Director
Louis Sun, Public Works Director
SUBJECT: RECREATION CENTER REPLACEMENT PROJECT (CIP 301- 678) – APPROPRIATION OF FUNDS IN THE AMOUNT OF $36
MILLION FROM THE CAPITAL ASSET ACQUISITION AND
REPLACEMENT FUND AND $19 MILLION FROM THE
GENERAL FUND RESERVES TO CITY CIP FUND 301 FOR CIP
301-678; AND INCREASE OF THE CIP 301-678 EXPENDITURE
BUDGET BY $55 MILLION
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing a transfer of $36 million from the Capital Asset Acquisition and Replacement Fund (CAAR Fund 326) and $19 million from General Fund 001 Reserves to City CIP Fund 301 for the Recreation Center Replacement Project (CIP 301- 678) and an appropriation of additional budget of $55 million to CIP 301-678, Account No. 301-0910-678-4251.
EXECUTIVE SUMMARY
On January 31, 2022, the City Council directed staff to proceed with the “build-to-budget” option for the Recreation Center Replacement Project in an amount not-to-exceed $55 million and to proceed with utilizing $36 million funding from CAAR Fund 326 (4/5th City Council approval required) and $19 322
million from General Fund 001 Reserves. Staff is now bringing forward a resolution for City Council's authorization to transfer the respective funds to City CIP 301 for the Recreation Center Replacement Project (CIP 301-678).
This will increase the budget for CIP 301-678 by $55 million, for a total of $55.3 million as the City Council had previously appropriated $300,000 for this project, of which $52,800 remain unexpended and unencumbered.
BACKGROUND
The William E. Walker Recreation Center opened to the public in 1974. Due to its location as a central amenity in Foster City’s Leo Ryan Park, the center is a hub of activity in the community.
The current Recreation Center consists of the original building that was built in 1974 and two expansion wings that were constructed in the 1990s. The current structure contains approximately 18,500 square feet of meeting room/user space in the 36,000 square foot building, with the remaining space allocated to lobbies, storage, mechanical rooms and long hallways to access the phased additions. Because the building was originally three separate structures that were all combined into one building with one roof in 1997, multiple roof penetrations were added to install HVAC equipment and aesthetic screens on the flat deck of the roof. Due to the construction history and the piecemeal way in which it was constructed, a number of structural issues are known or anticipated related to water intrusion. The age of the building and its emergency shelter readiness are all factors that should be considered when addressing its infrastructure needs.
As such, in 2016, the City Council began exploring a rebuild of the Recreation Center. Significant outreach was conducted throughout 2016 into early 2017 to assess community needs in regard to the Recreation Center. In 2018, the City entered into an agreement with Burks Toma Architects to develop a conceptual design plan for a new center. In 2019, the City Council agreed on a design concept, but ultimately opted for a build-to-budget option with a cost not to exceed $40 million. However, the project was essentially placed on hold in August of 2019. In 2021 the City Council requested staff to revisit the Recreation Center Replacement Project, and in June 2021 the City Council received an update on the status of the project.
At the August 2, 2021 City Council Regular Meeting, staff provided a report on the engagement process for the Recreation Center Replacement Project, including a draft Recreation Center and Parks System Survey. Following that 323
meeting, staff worked with Zencity to distribute a community survey to validate programming and use options, and how those may have changed as a result of the COVID-19 pandemic.
At the January 31, 2022 City Council Special Meeting, staff provided a report to present an update on the Recreation Center Replacement Project including the results of the Recreation Center and Parks System Survey, funding options, and additional information regarding the build process and design options. The City Council accepted the Recreation Center and Parks System Survey results and proposed to move forward with the “build-to-budget” option with a not-to-exceed budget of $55 million with $36 million from Capital Asset Acquisition and Replacement Fund (CAAR Fund 326) and $19 million from General Fund 001 Reserves.
Subsequently, at the March 7, 2022 City Council Regular Meeting, City Council confirmed via Minute Order No. 1843 its intent to adopt the attached resolution, as well as provided direction for City staff to proceed with the Request for Proposals process for design services, construction management services, construction inspection services, and materials testing, including the request for additional staffing to support the project among other needs within the Public Works Department. City Council consideration of any additional staffing will be reviewed at the Budget Study Session Meeting on May 9, 2022 and will ultimately be approved concurrently with adoption of the City budget.
ANALYSIS/FISCAL IMPACT
Staff is seeking City Council’s adoption of a resolution authorizing a transfer of $36 million from the CAAR Fund 326 (4/5th City Council approval required) and $19 million from General Fund 001 Reserves to City CIP Fund 301 for the Recreation Center Replacement Project (CIP 301-678) and an appropriation of additional budget of $55 million to CIP 301-678, Account No. 301-0910- 678-4251. CIP 301-678 has an unexpended and unencumbered balance of $52,800 since the CIP was first created in 2016-2017. The appropriation will increase the budget for CIP 301-678 by $55 million, for a total of approximately $55.3 million in the project budget.
On September 24, 2012, the City Council via Resolution No. 2012-75 established the City’s CAAR Fund 326 for the purposes of providing a source of revenue to be utilized for the acquisition of real property or the acquisition, construction or replacement of major capital assets. The source of the funds originate from revenues from the sale of City property, including the sale of 324
the City-owned 11 acre site formerly leased to the North Peninsula Jewish Campus (NPJC) in September 2012. Annual transfer of proceeds from the NPJC are expected through September 2037 and will continue to be deposited into the CAAR Fund 326. Revenues from the sale of the City- owned 15 acre site to TNHC-HW Foster City, LLC were also deposited into this fund.
On April 5, 2010, the City Council via Resolution No. 2010-33 established the City’s General Fund Reserve Policy establishing a minimum reserve threshold of 33-1/3% of budgeted annual operating expenditures and established a target reserve range of 33-1/3% to 50% of budgeted annual operating expenditures (in essence, 4 to 6 months of operating expenditures) in the annual Five-Year Financial Plan. The Reserve Policy exists to mitigate current and future risks and provide a safety net to respond to unexpected fiscal hardships such as local disasters, economic downturns (revenue shortfalls), external revenue attacks (e.g. California budget takeaways), and unforeseen operating or capital needs. The City has accumulated over 100% General Fund reserve levels over the past few years and utilized surpluses above that level for one-time expenditures. After setting aside the amount for the Recreation Center Replacement Project (CIP 301-678), the General Fund reserves will be at the 60.9% level.
While the City Council has identified these funding sources for the Recreation Center Replacement Project, any unused funds will be refunded back to CAAR Fund 326 and the General Fund 001 Reserves at the time of project closeout. City staff will proactively seek grant opportunities to help offset the impact to the General Fund, as well as revenue models in general to address the City’s anticipated structural deficits over the five-year financial forecast period.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This item directly aligns with the City Council’s “Facilities and Infrastructure” Value/Priority Area which prioritizes maintaining, “a standard of excellence with regards to infrastructure, including… City facilities to preserve and enhance quality of life for future generations.”
Attachment:
325
Attachment 1 - Resolution
326
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING A TRANSFER OF $36 MILLION FROM THE CAPITAL ASSET ACQUISITION AND REPLACEMENT FUND (CAAR FUND 326) AND $19 MILLION FROM THE GENERAL FUND 001 RESERVES TO CITY CIP FUND 301 FOR THE RECREATION CENTER REPLACEMENT PROJECT (CIP 301-678) AND AN APPROPRIATION ADDITIONAL BUDGET OF $55 MILLION TO THE CIP 301-678, ACCOUNT NO. 301-0910-678-4251
CITY OF FOSTER CITY
WHEREAS, as part of the City Council’s Strategic Priorities, the City Council requested staff to revisit the Recreation Center Master Plan and explore both programming and financing options for construction and operation with respect to all the other priorities the City is facing; and
WHEREAS, at the meeting on January 31, 2022, the City Council directed staff to proceed with the “build-to-budget” option for the Recreation Center Replacement Project in an amount not-to-exceed $55 million and to proceed with utilizing $36 million funding from CAAR Fund 326 and $19 million from General Fund 001 Reserves for the total not- to-exceed budget of $55 million for rebuilding the Recreation Center; and WHEREAS, with the appropriation of the additional funding from CAAR Fund 326 and the General Fund 001 Reserves, the total expenditure budget will be increased by $55 million; and
WHEREAS, any unused funds will be refunded back to CAAR Fund 326 and the General Fund 001 Reserves at the time of project closeout.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City hereby authorizes:
1. A transfer of $36 million from the Capital Asset Acquisition and Replacement Fund (CAAR Fund 326) and $19 million from the General Fund 001 Reserves to City CIP 301 for the Recreation Center Replacement Project (CIP 301-678); and
2. An appropriation of additional budget of $55 million to CIP 301-678, Account No. 301-0910-678-4251.
327
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
328
DATE: March 21, 2022
TO:
Mayor and Members of the City Council
President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Kevin Miller, Interim City/District Manager
FROM: Louis Sun, Public Works Director
Maria Saguisag-Sid, Human Resources Director
SUBJECT: REQUEST FOR PROPOSALS FOR AMERICANS WITH
DISABILITIES ACT ADMINISTRATIVE POLICY, SELF-
EVALUATION, TRANSITION PLAN AND TECHNICAL
STANDARD DEVELOPMENT AND REVIEW SERVICES
RECOMMENDATION
It is recommended that the City Council/EMID Board (hereinafter referred to as "City Council") adopt the attached resolution authorizing the issuance of a Request for Proposals to engage a consultant to update the City/District’s written policies relating to Americans with Disabilities Act (ADA).
EXECUTIVE SUMMARY
In 1992, Foster City prepared an ADA Transition Plan in accordance with Title II of the 1991 ADA regulation that required all public entities, regardless of size, to evaluate all their services, policies, and practices and to modify any that did not meet ADA requirements. In addition, public entities with 50 or more employees were required to develop a transition plan detailing any structural changes that would be undertaken to achieve program access and specifying a time frame for their completion.
329
ADA Title II regulations were updated in 2010. While the 2010 regulation did not require public entities to conduct a new self-evaluation or develop a new transition plan, many have taken the opportunity to do so.
The self-evaluation is a comprehensive review of all programs, activities, and services operated by the public entity. From those self-evaluations, public agencies typically develop a transition plan to remove physical/structural barriers and an action plan to address non-structural (program) barriers and issues.
Authorizing the issuance of an RFP is the first step in engaging a consultant to perform the evaluation and develop an updated transition plan which will then be used in the planning of future public projects.
BACKGROUND
The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. The ADA prohibits discrimination and guarantees equal opportunities for people with disabilities. Title II of the 1991 ADA regulation required all public entities, regardless of size, to evaluate all their services, policies, and practices and to modify any that did not meet ADA requirements. In addition, public entities with 50 or more employees were required to develop a transition plan detailing any structural changes that would be undertaken to achieve program access and specifying a time frame for their completion.
Foster City completed its required activities before the 1993 deadline.
Public entities that have 50 or more employees are also required to have a grievance procedure and to designate at least one responsible employee to coordinate ADA compliance.
The Department of Justice Office of the Attorney General has responsibility for publishing regulations implementing the requirements of Title II (state and local government services). The 1991 title II ADA regulation was superseded by the Attorney General’s 2010 title II ADA regulation, which was published September 15, 2010 and went into effect beginning March 15, 2011.
While the 2010 regulation did not require public entities to conduct a new self- evaluation or develop a new transition plan, many have taken the opportunity to do so.
330
ANALYSIS
The self-evaluation is a comprehensive review of all programs, activities, and services operated by the public entity. An updated self-evaluation is advisable due to expansions that were made to the Title II regulations and the ADA Standards for Accessible Design to include recreation areas, residential facilities, event ticketing policies, policies concerning other-power-driven mobility devices, miniature horses as service animals, specifications for video- remote-interpreting and website accessibility.
A transition plan is developed from the self-evaluation and facilities survey and consists of:
1. A list of the physical barriers that limit the accessibility of programs, activities, or services.
2. The methods to remove the barriers and make the facilities accessible.
3. The schedule to get the work completed.
4. The name of the official(s) responsible for the plan's implementation.
A transition plan must also include a schedule for providing curb ramps giving priority to walkways serving entities covered by the ADA, including state and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.
The transition plan is required to address structural changes, but there’s no formal planning mechanism for non-structural changes. The Attorney General’s office recommends that public entities develop Action Plans to address these non-structural issues.
The Foster City Transition Plan was created in 1992 and staff recommends engaging a consultant to assist with updating the plan. The attached RFP has been drafted to solicit proposals from qualified consultants whose expertise will guide the process of the development of new and review of existing policies including an Administrative Policy, Self-Evaluation, Transition Plan and Technical Standards. Award of the agreement is anticipated to be brought back for City Council approval in May 2022. Once complete, projects identified in the transition and/or action plans will be incorporated into workplans for Public Works Engineering, Building Maintenance, Parks Maintenance, Recreation and other departments as appropriate. 331
FISCAL IMPACT
There is no fiscal impact to issue the RFP. There is $40,000 in reimbursement grant funding available from the City’s self-insurance group, the Pooled Liability Assurance Network Joint Powers Authority (PLAN JPA). At the time of contract award, Staff will request a funding appropriation which will be reimbursed up to this amount.
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 AREAS
This item is in alignment with the Facilities and Infrastructure Value/Priority Area, since this project is the first step in comprehensively reviewing the City/District’s infrastructure, including streets, parks, City facilities and programs to preserve and enhance quality of life for future generations.
Further, it aligns with the Social Equity Value/Priority Area by prioritizing accessibility and inclusiveness in all City/District facilities and programs.
Attachments:
Attachment 1 – City Resolution
Attachment 2 - EMID Resolution
Attachment 3 – Request for Proposals
332
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING
THE RELEASE OF A REQUEST FOR PROPOSALS FOR AMERICANS WITH
DISABILITIES ACT ADMINISTRATIVE POLICY, SELF-EVALUATION, TRANSITION PLAN
AND TECHNICAL STANDARD DEVELOPMENT AND REVIEW SERVICES
CITY OF FOSTER CITY
WHEREAS, in 1992, Foster City prepared an ADA Transition Plan in accordance with Title II of the 1991 ADA regulation; and
WHEREAS, ADA Title II regulations were updated in 2010 to cover a broader spectrum of facilities and programs.
WHEREAS, the self-evaluation is a comprehensive review of all programs, activities, and services that is used to develop a transition plan to remove physical/structural barriers and an action plan to address non-structural (program) barriers. These plans are incorporated into the City’s on-going work plan; and
WHEREAS, the City wishes to engage a consultant to undertake an updated analysis of its facilities and programs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the release of a request for proposals for Americans with Disabilities Act Administrative Policy, Self-Evaluation, Transition Plan and Technical Standards development and review services.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
RICHA AWASTHI, MAYOR
ATTEST:
_____________________________
PRISCILLA SCHAUS, CITY CLERK
333
RESOLUTION NO._________
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL
IMPROVEMENT DISTRICT AUTHORIZING THE RELEASE OF A REQUEST FOR
PROPOSALS FOR AMERICANS WITH DISABILITIES ACT ADMINISTRATIVE POLICY,
SELF-EVALUATION, TRANSITION PLAN AND TECHNICAL STANDARD DEVELOPMENT
AND REVIEW SERVICES
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, in 1992, Foster City prepared an ADA Transition Plan in accordance with Title II of the 1991 ADA regulation; and
WHEREAS, ADA Title II regulations were updated in 2010 to cover a broader spectrum of facilities and programs.
WHEREAS, the self-evaluation is a comprehensive review of all programs, activities, and services that is used to develop a transition plan to remove physical/structural barriers and an action plan to address non-structural (program) barriers. These plans are incorporated into the City/EMID’s on-going work plan; and WHEREAS, the City/EMID wishes to engage a consultant to undertake an updated analysis of its facilities and programs.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the release of a request for proposals for Americans with Disabilities Act Administrative Policy, Self-Evaluation, Transition Plan and Technical Standards development and review services.
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 21 st day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
RICHA AWASTHI, PRESIDENT
ATTEST:
_____________________________
PRISCILLA SCHAUS, BOARD SECRETARY
334
CITY OF FOSTER CITY
REQUEST FOR PROPOSAL
ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES
PROPOSAL SUBMITTAL DEADLINE: TUESDAY, APRIL 12, 2022, at 2:00 PM RETURN PROPOSAL TO:
City of Foster City
Public Works Department
Attn: Louis Sun
Public Works Director
610 Foster City Blvd.
Foster City, CA 94404
335
INDEX
SECTION
I. INTRODUCTION
II. GENERAL INFORMATION
III. PROPOSAL REQUIREMENTS
IV. PROPOSAL SUBMITTAL REQUIREMENTS
V. CONSULTANT SELECTION PROCESS
VI. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE AND
MANAGEMENT AND PROJECT CONTROLS
VII. STANDARD PROFESSIONAL SERVICES AGREEMENT AND INSURANCE
REQUIREMENTS
ATTACHMENTS
A. DRAFT SCOPE OF SERVICES
B. STANDARD PROFESSIONAL SERVICES AGREEMENT AND SAMPLE
INSURANCE REQUIREMENTS
336
Request for Proposal
REQUEST FOR PROPOSAL
ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES
SECTION I. INTRODUCTION
The City of Foster City/Estero Municipal Improvement District (CITY/DISTRICT) is seeking a qualified consulting firm to provide ADA Self-Evaluation and Transition Plan services. To that end, the CITY/DISTRICT invites qualified consulting firms to submit proposals.
Consultants shall examine all information in this Request for Proposal (RFP), including the attachments.
The deadline for submitting questions about the proposal is Tuesday, April 5, 2022, at 5:00 pm. The CITY/DISTRICT will consider proposals received on or before the proposal submittal deadline of Tuesday, April 12, 2022, at 2:00 pm.
SECTION II. GENERAL INFORMATION
Consultant shall provide a proposal for ADA Self-Evaluation and Transition Plan as described below.
CITY/DISTRICT is searching for consultant with extensive experience in the evaluation of program and facility accessibility and that provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities. Consultant shall assist CITY/DISTRICT to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 of the Rehabilitation Act and related federal, state and local disability-related nondiscrimination laws and regulations. CITY/DISTRICT is looking for Consultant that has a comprehensive understanding of applicable standards, regulations and requirement under Title II of the ADA, California Building Code, PROWAG, CAMUTCD, Caltrans and related state accessibility standards. CITY/DISTRICT is interested in easy management of the transition plan and documentation of compliance efforts, and this is not limited to software, web-based on-line tool, or other similar software to manage and update the transition plan, project costs and document progress. Staff anticipates requesting approval for the award of the agreement for ADA Self-Evaluation and Transition Plan services to the City Council/District Board in May 2022.
Consultants shall bear all costs and assume all liability associated with developing and/or submitting proposals. CITY/DISTRICT shall bear no costs and/or assume no liability for developing and/or submitting proposals.
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Request for Proposal
SECTION III. PROPOSAL REQUIREMENTS
To demonstrate the qualifications and experience necessary to perform the professional services for the project, as described in the Attachment A, Draft Scope of Services, Consultant shall submit a proposal that includes the information described in this section.
If Consultants have questions regarding the proposal, submit questions to the Public Works Director, Mr. Louis Sun at [email protected] on or before April 5, 2022, at 5:00 pm.
The proposal shall be comprised of two (2) parts:
Part 1 is comprised of three (3) copies of a bound and tabbed document containing sections A, B, C, D, E, F, G and H described below.
Part 2 is one (1) copy of section I submitted in a sealed envelope.
The proposal shall be concise and address qualifications and experience. Consultant shall not include superfluous information or analytical work that would otherwise be performed during the course of work in the proposal. The body of the proposal, excluding appendices, should not exceed 15 pages. As an appendix, provide resumes for the proposed team members. Proposals should be bound with tabs identifying each section herein specified.
PART 1
A. Cover Letter
Consultant shall provide a cover letter. The person, who signs the cover letter, shall be authorized to contractually bind the Consultant. The cover letter shall include the following:
1) A statement that all the information in the Request for Proposal was examined.
2) A statement that the proposal is binding for a 90-calendar day period. 3) The name, title, address, email, and telephone number of the individual to whom correspondence and other communications should be directed during the consultant selection process.
4) The name, title, address, email, and telephone number of the individual who will negotiate the consulting agreement with CITY/DISTRICT, if selected, and is authorized to contractually bind the firm. 338
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B. Executive Summary
Consultant shall provide an executive summary. The executive summary shall include a statement that Consultant reviewed the draft scope of services and is able to provide the required professional services. The summary shall briefly summarize those Consultant qualifications and experience, contained in the proposal, which best highlights its ability to successfully deliver the work.
C. Project Approach
A summary presentation of the proposed approach for performing the services, describing how the firm would be organized and an approach structured to ensure:
1) Clearly specifying the scope of work; not to exceed amount; and schedule for the work that will be included in the contract for services. 2) Monitoring and controlling the scope of work, communicating potential scope of work changes prior to performing that work, and managing the change in scope of work.
3) Monitoring and controlling costs of services to ensure the services are performed within the negotiated not-to-exceed amount.
4) Monitoring the schedule and ensuring deliverables are completed on or before schedule milestones.
5) Monitoring the progress of the work to ensure that each submittal is complete and has been adequately reviewed prior to submitting deliverables.
6) Monitoring the quality of consultant’s deliverables to reduce the amount of CITY/DISTRICT resources required to review the submittal. 7) Responsiveness to CITY/DISTRICT Staff.
8) Facilitating communications.
9) No substituting of staff listed in the proposal and adding staff not listed in the proposal.
D. Proposal Schedule
The purpose of the proposal schedule is to ensure Consultant completes work in a timely manner and to ensure that labor projections are consistent with the proposal schedule.
Consultant shall prepare a schedule for the work described in Attachment A, Draft Scope of Services and shall show the key activities, their start dates, and end dates. The schedule should include a milestone for each Authorization to Proceed and each submittal identified in Attachment A, Draft Scope of Service. The durations required to reach milestones shown in the schedule will be incorporated into Tasks 1 and 2 of Scope of Services for the Professional Services Agreement.
The proposal schedule shall have the sufficient details to achieve the above goals. 339
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CITY/DISTRICT will request additional detail from the highest ranked consultant which will be incorporated into the Professional Services Agreement.
Consultant shall use May 2022 as the start date for the schedule.
E. Labor Projections
Consultant shall provide a schedule of hourly rates and an estimate of the number of hours by staff type to complete the work described in Attachment A, Draft Scope of Service that is consistent with the schedule created as part of Section D above. Provide descriptions of assumptions made in developing the labor hours.
F. Consultant Information
Consultant shall provide the following information for it and each of its sub- consultants, if any:
1) Legal name of firm.
2) Type of organization (partnership, corporation, etc.) and where incorporated, if applicable.
3) Firm’s Officers.
4) Date firm was established.
5) Address of firm’s headquarters.
6) Current number of people employed by the firm.
7) Name of consultant’s parent company, if any.
8) Name of consultant’s subsidiaries, wholly owned or fractionally owned, if any.
9) List of companies associated with the consultant whose work on the design or construction of the projects may potentially give rise to a conflict of interest, if any.
10) List of contracts terminated for convenience or default within the past three (3) years, if any. Include contract value, description of work, client's name and telephone number.
G. Consultant Experience and References
Consultant shall provide for it and each of its sub-consultants, if any, details of its experience working on similar projects over the last five (5) years.
Consultant shall provide for it and each of its sub-consultants, if any, details of not less than three (3) similar projects and the details shall include the following:
1) Project name.
2) Project Owner and contact information.
3) Project description including total project cost and location. 4) Description of the consultant’s role (Prime Consultant or sub-consultant to Prime Consultant’s Name).
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5) Description of professional property interest acquisition service provided. 6) Cost Control for professional property interest acquisition services:
Describe the original and final contract amount and reasons for differences, if any.
7) Schedule Control for professional property interest acquisition services Contract: Original start date, actual start date, original end date, actual end date, description of reasons for differences. For dates, provide month and year.
8) Project Manager and other key personnel involved.
9) Sub-consultants on the proposed team that worked on the project, if any. 10) Contact information for the project owner.
If Consultant has a standard resume for projects, Consultant may provide the standard resumes with supplemental project information on a separate sheet.
Providing supplemental project information on a separate sheet will have no effect on the evaluation process.
CITY/DISTRICT will contact Project Owners to discuss the Consultant’s current and/or past performance. For Project Owner’s contact information, provide Project Owner’s name and address, the name of a contact with knowledge of Consultant’s performance, as well as contact’s phone number and email.
H. Project Team Experience and References
The consulting team is key to delivering a successful project.
For purposes of the proposal and the selection process, the following terms are used to identify consulting team members: Project Manager, Other Key Personnel, and Other Team Members. The Project Manager is responsible for Consultant’s work and is CITY/DISTRICT’s principal contact after the professional services contract is awarded, (2) Other Key Personnel are the keys to Consultant successfully executing the work; and (3) Other Team Members who will play a significant role in successfully executing the work.
Consultant shall provide the following information regarding the consulting team and its team members:
1) Consultant shall provide an organization chart showing the proposed relationships and the various roles and/or disciplines required to deliver the work. Within the organization chart, Consultant shall identify the project manager, other key personnel, and other team members. If a team member works for a sub-consultant, identify the sub-consultant. Consultant shall identify at least one person for each role and/or discipline.
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2) Provide a list of office(s) in which the proposed team members will work.
Provide its address, its general phone number, and the name of the principal(s) overseeing proposed staff at the office. Identify the proposed team members working at the office and their roles.
3)Project Manager. Provide the qualifications and experience of the Project Manager, his/her current commitments to other projects to confirm Consultant's ability to commit resources to the work, and not less than three (3) references for the Project Manager.
4)Other Key Personnel. Provide the qualifications and experience of the Other Key Personnel; their current commitments to other projects to confirm Consultant's ability to commit resources to the work; and not less than three (3) reference for each person who is identified as Other Key Personnel. 5)Other Team Members. Provide the qualifications and experience of the Other Team Members.
CITY/DISTRICT will contact project owners who have worked with the project manager and other key personnel to discuss their current and/or past performance. For each reference, list the proposed team member, project name, project owner, project owner’s address, the name of contact with knowledge of performance, contact’s phone number, and contact’s email address. Provide references from different owners, if possible.
PART 2
I. Consultant Fee Schedule and Reimbursable Expenses
Provide one (1) copy in a sealed envelope, including the level of effort with reimbursable expenses and hourly rate schedule. The level of effort and reimbursable expenses shall be broken down with a summary table for the entire proposal. CITY/DISTRICT and the selected Consultant will endeavor to negotiate a consulting agreement which contains a not-to-exceed amount for professional services, reimbursable expenses, additional services, supplies, materials, and equipment.
To that end, Consultant shall provide for it and its sub-consultants, if any, a Consultant Fee Schedule and list of other costs for other reimbursable items, such as supplies, materials, equipment, other services, and/or other expenses.
SECTION V. PROPOSAL SUBMITTAL REQUIREMENTS
Consultant shall submit its proposal in accordance with the following requirements:
A. CITY/DISTRICT will only consider proposals received by City at or before the proposal submittal deadline of Tuesday, April 12, 2022, at 2 pm. 342
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B. Consultant shall submit proposals to the following address:
City of Foster City
Public Works Department
Attn: Louis Sun
Public Works Director
610 Foster City Blvd.
Foster City, CA 94404
C. For mailed proposals, CITY/DISTRICT encourages each Consultant to confirm that its proposal was received by CITY/DISTRICT at or before the proposal submittal deadline. Contact the Public Works Director, Mr. Louis Sun at [email protected] or (650) 286-3270 to confirm City’s receipt of the proposal.
D. For hand-delivered proposals, Consultant shall deliver the proposal to the information desk in the building lobby. Consultant shall ensure the proposal is time and date stamped by the attendant prior to leaving the building.
SECTION VI. CONSULTANT SELECTION PROCESS
CITY/DISTRICT will review proposals and perform reference checks to evaluate consultants.
CITY/DISTRICT may or may not conduct consultant interviews to evaluate Consultants.
If CITY/DISTRICT chooses to hold interviews as part of the selection process, CITY/DISTRICT will notify Consultants approximately three (3) weeks after the proposal submittal deadline.
Principle criteria used to evaluate Consultants will include the following:
1) Experience/Qualifications: Firm’s experience on similar projects in the last five years.
a. Consultant’s and sub-consultant’s, if any, experience successfully providing ADA Self-Evaluation and Transition Plan services on similar projects in the last five (5) years.
2) Personnel Assigned: Experience of key personnel assigned to the project, and experience of key team members who will be assigned to the project for its full duration.
a. Project Manager’s experience successfully providing services and/or other related work on similar projects and their availability to perform work required by his/her role.
b. Other Key Personnel’s experience successfully providing services and/or other related work on similar projects and their availability to perform the 343
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work required by his/her role.
c. Other Team Members’ experience providing services and/or other related work on similar projects.
3) Quality and Completeness of Proposal:
a. Clarity and relevance of information contained in the proposal. b. Consultant’s understanding of work.
c. Consultant’s approach to the work.
4) References
CITY/DISTRICT may waive irregularities in any proposal, accept or reject all or any part of any proposal, or waive any requirements of the request for proposals, as may be deemed to be in the best interest of CITY/DISTRICT.
After final evaluation, CITY/DISTRICT will identify the highest ranked consultant, which appears to best meet the qualification criteria. CITY/DISTRICT will attempt to negotiate a contract with the selected consultant. If the highest ranked consultant and CITY/DISTRICT cannot reach agreement, CITY/DISTRICT will terminate negotiations and, at its option, negotiate with the next ranked consultant.
Consultants shall bear all costs and assume all liability associated with negotiating a consultant agreement. CITY/DISTRICT shall bear no costs and/or assume no liability for developing and/or submitting proposals.
SECTION VI. SCOPE OF SERVICES
A. Scope of Services:
A general draft scope of services is given in Attachment A. A detailed Scope of Services will be developed during negotiations. The scope of services presented herein is intended to cover the ADA Self-Evaluation and Transition Plan services necessary and/or other related work to ADA Transition Plan preparation identified herein and shall be used as the basis of negotiations. In addition, Consultant shall agree to perform the management and project controls specified in the Draft Scope of Services.
Consultant is encouraged to include in the proposal any additional tasks beyond the Draft Scope of Services that the Consultant may find necessary or beneficial in order to deliver a successful project.
CITY/DISTRICT reserves the right to enter into agreements for none, a portion, modified portions, or all of the work listed in this Request for Proposal. CITY/DISTRICT reserves the right to issue notice(s) to proceed for some or all the work up to 90 days after the City Council approves the agreement.
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SECTION VII. STANDARD PROFESSIONAL SERVICES AGREEMENT AND
INSURANCE REQUIREMENTS
The standard professional services agreement is attached as Attachment B.
The insurance requirements are described in Section 12 Insurance of CITY/DISTRICT’s Standard Professional Services Agreement. All policies, endorsements, certificates, and/or binders shall be subject to approval by CITY/DISTRICT as to form and content.
The selected consultant shall agree to provide CITY/DISTRICT with a copy of said policies, certificates, and/or endorsements.
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Attachment A – Draft Scope of Services
ATTACHMENT A
DRAFT SCOPE OF SERVICES
FOR
ADA ADMINISTRATIVE POLICY, SELF-EVALUATION, TRANSITION PLAN AND
TECHNICAL STANDARDS SERVICES
ADA Transition Plan: Procedures and Policies Manual Scope Develop the procedures and policies which includes the following sections but not limited to Administrative Policy, Self-Evaluation, Transition Plan, and Technical Standards.
ADMINISTRATIVE POLICY
Assist in the update of the administrative policy to address grievances in compliance with the Americans with Disabilities Act.
SELF EVALUATION
The Self-Evaluation review will evaluate specific changes or alterations that may need to be made consistent with the following general guidelines.
Americans with Disabilities Act Requirements
Americans with Disabilities Act Terminology
Complaint Procedure and Delegation of Responsibility
Request Form
Title II Requirement
a) CITY/DISTRICT Owned or Leased Buildings
b) Parks
c) Streets and Sidewalks and other pedestrian paths of travel d) Recreation Programs
e) CITY/DISTRICT Services and other programs
Transition Plan
Self-Evaluation Plan Scope:
The self-evaluation plan scope shall include, but are not limited to:
• Facility inspections
• Self-evaluations for ADA and Section 504 of the Rehabilitation Act • Policy review and development
• Public rights-of-way surveys
• Consultation
• Accessibility compliance intake and management software (as needed) • Software training to conduct your own inspections (as needed) • Expert witness services
• Plan reviews
• ADA Plan implementation assistance and consultation
• Outdoor developed and recreational areas (pools, parks, trails, camping areas) • NPSI playground safety inspections
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• ADA Playground inspections
The Self-Evaluation Plan shall utilize the appropriate standard(s) for the inspection that may include, but is not limited to:
• ADA 2010 Standards
• California Building Code
• ADA-ABA
• UFAS
• ANSI
• Section 504 of the Rehabilitation Act
• Outdoor developed and recreational standards
• National Playground Safety Institute (NPSI) standards • PROWAG – Federal Public Rights-of-way Guidelines
• California Manual on Uniform Traffic Control Devices (CAMUTCD)
TRANSITION PLAN
This Transition Plan will evaluate specific changes that may need to be made to:
CITY/DISTRICT owned/leased facilities
Parks
Sidewalk curb cuts and other pedestrian paths of travel Recreation programs
CITY/DISTRICT services and other programs
The transition plan should also cover sections but not limited to Transition Plan Process, Transition Plan Schedule, Cost Considerations, and Continued Self-Evaluation and any other necessary changes to comply with the minimum Transition Plan requirements set forth in 28 CFR §35.150.TECHNICAL STANDARDS
Development of technical standards compliant with the Americans with Disabilities Act and other applicable technical standards. The technical standards section should include but not limited to the following sections:
SPACE ALLOWANCES AND REACH RANGES
INTERNATIONAL SYMBOL OF ACCESSIBILITY
SIGNS
PARKING LOT
ACCESSIBLE ROUTE
GROUND AND FLOOR SURFACES
ACCESSIBLE ROUTE AS A MEANS OF EGRESS
ENTRYWAYS
PROTRUDING OBJECTS
DOORS
CONTROL AND OPERATING MECHANISM
CORRIDOR S AND AISLES
INTERIOR ELEVATOR
WINDOWS
TELEPHONES
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Attachment A – Draft Scope of Services
DRINKING FOUNTAINS
RESTROOMS
GRABBARS
CONTROLS AND DISPENSERS STALL
URINALS
SINKS
LAVATORY FAUCETS
BATHTUBS
HANDRAILS, GRAB BARS
SHOWERS
WHEELCHAIR SEATING SPACE
WALKS AND SIDEWALK
RAMPS
EXTERIOR RAMPS
RAMPS THAT CHANGE DIRECTION
MAXIMUM SLOPE
CROSS SLOPE EXCEEDS 1:50
CURB RAMPS
FLARED CURB
RETURNED CURB RAMPS
BUILD UP CURB
PLACEMENT OF CURB RAMPS
RAMP AT SIDE STREET, ALLEYS & DRIVEWAYS
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Attachment A – Draft Scope of Services
349
Attachment B – Standard Professional Services Agreement
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
FOR ADA SELF-EVALUATION AND TRANSITION PLAN SERVICES
This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City hereinafter called "CITY" and ____________________ hereinafter called "CONSULTANT".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.
2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services 350
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under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.
3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s 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 _____________________ ($________________). Invoices for amounts in excess of _____________________ ($________________) 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. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.
CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before 351
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this Agreement's execution.
4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.
5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.
6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.
CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.
CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.
The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or 352
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below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.
8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.
9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.
CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.
10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.
CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.
11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due 353
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to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City 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. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement. CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).
CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.
13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or 354
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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: ____________________
CONSULTANT: ____________________________
(Fill in CONSULTANT Name, Address, Phone
Number, Project Manager and Email Address for CONSULTANT)
16. Non-Assignment. This Agreement is not assignable either in whole or in part.
17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually 355
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acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties.
If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.
22. Liability of CITY.
Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.
CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.
Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.
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Attachment B – Standard Professional Services Agreement
23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
24. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following:
Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).
[For consideration if applicable:] Any Force Majeure event with a duration in excess of [TBD by Owner—recommend not less than 30] days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.
25. Entire Agreement. This Agreement, including Exhibits A, B, and C, 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: _________________________________ ______________________, City Manager
(for contracts less than $50,000)
[REMOVE signature line if $50,000 or more]
Dated: _________________________________ Richa Awasthi, Mayor
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]
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Attachment B – Standard Professional Services Agreement
ATTEST:
Dated: ________________________________ Priscilla Schaus, City Clerk
APPROVED AS TO FORM
Dated:
Benjamin Stock, City Attorney
CONSULTANT
Dated:
Type Name & Title of CONSULTANT
Authorized to Sign
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Attachment B – Standard Professional Services Agreement
EXHIBIT A
SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND
DELIVERABLES FOR
[ENTER PROJECT TITLE]
[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK
THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW]
SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.
1.Description of the Project:
1.1DESCRIPTION: Description of Project
2.Basic Services:
The CITY has developed a general scope of work as described below.
2.1Task 1 – Description of Task 1
2.2Task 2 – Description of Task 2
2.3Task 3 – Description of Task 3
PAYMENTS
1.The maximum payment to CONSULTANT under this Agreement for the Project shall be:
Maximum Payment Amount
2.METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:
List Methods of Payment
3.TIMES OF PAYMENTS.
List Times of Payments
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Attachment B – Standard Professional Services Agreement
PROJECTS AND SCHEDULE
List Project Schedule
DELIVERABLES
CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:
1. PROJECT DELIVERABLES
1.1DELIVERABLES: List of Deliverables
1.2OTHER:
2.CONSULTANT SERVICES. The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:
2.1SERVICES: List of Services
END OF EXHIBIT A
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Attachment B – Standard Professional Services Agreement
EXHIBIT B
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.
1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.
B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.
C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.
D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.
E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID-19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.
2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and 361
Attachment B – Standard Professional Services Agreement
COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID-19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.
3. Compliance with COVID-19 Proclamations.
A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non- compensable, except as otherwise expressly stated herein.
B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID-19 Proclamations at all times in connection with the performance of their Services.
4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.
5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.
6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.
7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.
8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID- 19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of 362
Attachment B – Standard Professional Services Agreement
COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.
9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.
CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title
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Attachment B – Standard Professional Services Agreement
EXHIBIT C
INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.
This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.
1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.
1.1Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's 364
Attachment B – Standard Professional Services Agreement
performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”. [FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER
IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT. UNCHECK THE CHECKBOX FOR ANY INSURANCE
REQUIREMENT THAT IS NOT APPLICABLE. PLEASE CONTACT THE CITY MANAGER’S OFFICE WITH ANY QUESTIONS.]
☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence. ☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims 365
Attachment B – Standard Professional Services Agreement
of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.
1.2Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.
1.3Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
2.City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.
3.Insurance terms and conditions:
3.1Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.
Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy. 366
Attachment B – Standard Professional Services Agreement
3.2All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.
3.3If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above.
The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.
3.4For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3.5Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
3.6Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.
3.7Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal 367
Attachment B – Standard Professional Services Agreement
defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.
3.8City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.
ATTACHED
1. Insurance Coverage Form
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Attachment B – Standard Professional Services Agreement
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:
ADDRESS: TELEPHONE: ( ) DATE ISSUED:
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DATE: March 21, 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 370
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, January 18, and February 22, 2022. Per Government Code Section 8630, the City Council must reevaluate whether to continue the proclamation of the existence of a local 371
emergency 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.
The City Council returned to in-person, hybrid public meetings on March 7, 2022. Effective March 14, 2022, employees and members of the public are no longer required, though strongly encouraged, to wear masks at all Foster City facilities, including City Hall and the Council Chambers.
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. 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 or by calling the CA COVID-19 Hotline at 1- 373
833-422-4255 . As of March 8, 2022, a total of 692,600 individuals have been vaccinated in San Mateo County with at least one dose, representing 96.8% of the population age 12+ or 94.1% of the population age 5+.
Testing remains an important strategy in continuing to reduce the spread of the disease. For those looking for testing 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.
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Attachments:
Attachment 1 - City Resolution (Extending the Local Emergency and Continuing the Need for Teleconferencing)
Attachment 2 - EMID Resolution (Continuing the Need for Teleconferencing)
Attachment 3 - COVID-19 Timeline (as of March 10, 2022) Attachment 4 - COVID-19 Response Plan Summary (as of March 10, 2022)
375
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 376
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, January 18, and February 22, 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, 2022-5, and 2022-15 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 378
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.
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 21st day of March, 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, January 18, and February 22, 2022 per Resolutions No. 3610, 3621, 3624, 3630, and 3634 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. 381
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the special meeting held on the 21st day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, PRESIDENT
ATTEST:
PRISCILLA SCHAUS, DISTRICT SECRETARY
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Attachment 3
NOVEL CORONAVIRUS (COVID-19) TIMELINE
Last Updated: Thursday, March 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. 383
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 meeti ng 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 resolutions so the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without 384
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 of January and February starting January 13, 2022.
February 16, 2022 Indoor masking is no longer required by the State or County, except for unvac cinated individuals. Everyone, regardless of vaccination status, must continue to mask 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.
March 7, 2022 The City Council returned to in-person hybrid public meetings.
March 14, 2022 Indoor masking is no longer required, though strongly encouraged, at City facilities.
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Attachment 4
NOVEL CORONAVIRUS (COVID-19) RESPONSE PLAN SUMMARY
Last Update d: Thursday, March 10, 2022
OVERALL 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 Brie fings 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, 2/22/22, and 3/21/22 (Scheduled) • Joint, Multiagency Emergency Operation Center (Activated on 03/16/20; Transitioned from Assigned Foster City Liaison to Multiple Staffed Positions; Transitioned to Virtual EOC on 05/11/20; Closed EOC on 05/29/20)
o Daily 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 386
• 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 387
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 vis itor 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
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o Limits gatherings to no more than 50 people, outlines social distancing and face covering requirements, allows for social bubbles of no more than 12, and requires businesses to implement a social distancing protocol and written health and safety plans
o Reopened all pickleball and tennis courts, as well as removed reservation system and active monitoring by City staff
o Reopened bocce ball courts and volleyball courts
o Reopened park restrooms at five (5) locations
o More employees to be reintroduced into the workplace; however reopening of all City facilities postponed until further notice
• County Added to State Monitoring List, July 29, 2020
o Shut down of certain industries or activities, unless modified to operate outside
o City temporarily suspends code enforcement actions against businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices that are not currently permitted to provide outdoor operations o Skate park reopened on August 14, 2020
• County Ranked Purple in State’s New Color-Coded Reopening System, August 28, 2020 o Effective August 31, all retail and shopping centers can open at 25% capacity, and all hair salons and barbershops can resume indoor operations • County Ranked Red in State’s New Color -Coded Reopening System, September 22, 2020
o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people) o Schools one step closer to reopening (only after two weeks in Tier 2/Red) • CA De partment of Public Health New Guidance on Playgrounds and Outdoor Recreational Facilities, September 28, 2020
o Playgrounds, basketball courts, all park bathrooms, the Fitness Court, and the Skate Park to reopen, with restrictions, on October 8
o Parks staff preparing for reopening of amenities by sanitizing all playgrounds and removing fencing
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• County Ranked Orange in State’s Color-Coded Reopening System, October 27, 2020 o Indoor family entertainment centers, outdoor bars and breweries not o serving food, indoor climbing walls and certain other businesses and activities to open with capacity restrictions
o Dine-in restaurants, movie theaters, places of worship and additional businesses can boost their indoor capacities as well
• Order No. c19-7c (Revised), dated October 29, 2020
o Updated orders for individuals who are close contacts of a positive case (for quarantine) or who have tested positive for COVID -19 (for isolation), along with instructions for home quarantine and home isolation o Specific rules applicable to health care workers and first responders • County Ranked Red in State’s Color-Coded Reopening System, November 17, 2020 o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people, whichever is fewer) o Gyms and fitness centers indoors (max 10% capacity)
• County Ranked Purple in State’s Color-Coded Reopening System, November 29, 2020 and Limited Stay at Home Order, starting November 30, 2020 o Businesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
o Shopping malls and all retail must operate at no more than 25 percent capacity.
o Prohibited residents from leaving their homes to gather with other households from 10 p.m. to 5 a.m.
• Regional Stay at Home Order, starting December 17, 2020 o Prohibits private gatherings of any size, except for outdoor church services and political demonstrations.
o Restaurants must stop offering in -person dining and can offer only take -out and delivery.
o Many businesses and activities must close, including salons and barbershops. o Retail can remain open at 20 percent capacity.
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o Nonessential travel and the use of hotels or short -term rentals for leisure is banned.
• County Ranked Purple in State’s Color-Coded Reopening System, January 25, 2021 o Businesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
o Shopping malls and all retail must operate at no more than 25 percent capacity.
• County Ranked Red in State’s Color-Coded Reopening System, February 24, 2021 o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people, whichever is fewer) o Gyms and fitness centers indoors (max 10% capacity)
• County Ranked Orange in State’s Color-Coded Reopening System, March 17, 2021 o Restaurants indoors (max 50% capacity or 200 people, whichever is fewer) o All retail/shopping indoors (open with modifications, closed common areas and reduced capacity in food courts)
o Museums, zoos and aquariums (max 50% capacity)
o Places of worship (max 50% capacity or 200 people, whichever is fewer) o Movie theaters indoors (open with modifications)
o Gyms and fitness centers indoors (max 25% capacity, indoor pools and climbing walls open)
• CA Department of Public Health New Guidance on Travel, April 2, 2021 o CDPH and the CDC recommend 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.
• 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. • CA Department of Public Health New Guidance on Gatherings and Live Events, April 15, 2021
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o For the Orange Tier starting on April 15, outdoor gathering size increases to 50 people.
o For private events or meetings such as receptions or conferences, outdoor gatherings are limited to 100 people.
o Indoor live events or performances are allowed with capacity limits and modifications including physical distancing, advance ticket pu rchases, designated areas for eating and drinking, and attendance limited to in -state visitors.
• CA Department of Public Health New Guidance on Use of Face Coverings, May 3, 2021 o For fully vaccinated persons, face coverings are not required outdoors except when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings. o For unvaccinated persons, face coverings are required outdoors any time physical distancing cannot be maintained, including when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings.
o In indoor settings outside of one's home, including public transportation, face coverings continue to be required regardless of vaccination status, except as outlined below.
• County Ranked Yellow in State’s Color-Coded Reopening System, May 12, 2021 o Allows expanded capacity at restaurants, gyms, movie theaters, indoor businesses and a host of other operations.
o Bars that do not serve food can reopen indoors with a maximum capacity of 25 percent or 100 people, whichever is fewer.
• California officially reopens and moves “ Beyond the Blueprint ,” which ends the the color-coded reopening tier systems and lifts most restrictions on businesses. The County of San Mateo fully aligns with all state COVID -19 health and safety guidelines and has no plans to impose separate guidance.
o Most County of San Mateo offices opened to the public on June 15, 2021. o City of Foster City reopens Council Chambers and begins hybrid in-person and virtual City Council meetings on July 19, 2021.
o City of Foster City reopens City Hall to general public for walk -ins during regular business hours from 8:00 AM-5:00 PM, Monday to Friday, on July 26, 2021.
o City of Foster City reopens Recreation Center and begins offering indoor programs again on August 9, 2021.
• Order No. c19-12, dated August 3, 2021
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o Directs that face coverings shall be worn, regardless of vaccination status, over the mouth and nose, in all indoor public settings, venues, gatherings, and workplaces, such as, but not limited to: offices, retail stores, restaurants and bars, theaters, family entertainment centers, conference centers and government offices serving the public.
• Governor Gavin Newsom signs Assembly Bill 361 on September 16, 2021, as the provisions of Executive Order No. N -29-20 (as revised by Executive Order No. N -08- 21), which modifies the requirements for conduct ing meetings via teleconference during the COVID-19 pandemic, expires on September 30, 2021. • County Health issues criteria for lifting COVID -19 indoor masking requirements to allow organizations to set those requirements independently , when all of the following are achieved, October 7, 2021:
o The rate of COVID-19 transmission reaches the “moderate” or yellow tier and remains there for at least three weeks; AND
o The number of people hospitalized for COVID -19 is low and stable in the judgement of local health officials; AND
o The percent of the total population that is fully vaccinated – two doses of Pfizer or Moderna or one dose of Johnson & Johnson – reaches 80 percent OR eight weeks have passed since a COVID -19 vaccine has been authorized for emergency use by federal and state authorities for 5- to 11-year-olds. • CA Department of Public Health Statewide Mandate on Masks, December 15, 2021 o Requiring masks to be worn in a ll indoor public settings, irrespective of vaccine status, until February 15, 2022
• In alignment with the State, San Mateo County will rescind indoor mask requirements effective February 16, 2022 . Unvaccinated individuals will still be required to mask indoors. Everyone, regardless of vaccination status, will be required to mask 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.
o City of Foster City reopens Council Chambers and returns to hybrid in-person and virtual City Council meetings on March 7, 2022.
o Indoor masking, though strongly encouraged, is no longer required at City facilities effective March 14, 2022.
OBJECTIVE ACTION ITEMS STATUS
TO P ROVIDE ESSENTIAL SERVICES AND
CONTINUITY OF CITY OPERATIONS WITH
Implement Continuity of Operations/Government (COOP/COG) Plans • Identify essential services; includes public safety, water and wastewater, critical infrastructure maintenance, etc. (Detailed by Department in Separate Document) Ongoing; Changes
with Progress
393
MINIMAL DISRUPTION (TO EXTENT
POSSIBLE)
• Identify essential workers and establish staffing levels necessary to carry out essential functions (Detailed by Department in Separate Document) Establish and coordinate COVID-19 Response Team
• Includes Department Heads and 1-2 Essential Employees from Each Department • Centralized Point of Contact with Joint, Multiagency Emergency Operations Center • Check-In Meetings (Transitioned from Weekly, to Biweekly, and to As Needed) • After Action Debrief Meeting on 06/24/20
Ongoing
Establish and coordinate COVID-19 Return to Work Taskforce • Organized by City Manager and Human Resources Departments, and Includes 1 -2 Employees from Each Department
• Developed ‘Employee Return to Work’ Policy as well as Visitor Policy & Protocols • Developed ‘Adaptable Work Schedule Program’
Ongoing
OBJECTIVE ACTION ITEMS STATUS
TO EFFECTIVELY COMMUNICATE,
EDUCATE, AND INFORM THE COMMUNITY
Provide reliable information to the community that is uniform and consistent with the County & State guidelines
• Participate in PIO conference calls
• Share information as released by County in an effort to centralize resources • Coordinate messaging with SMC Fire (Member Agencies) for consistency • Create landing page of COVID -19 general information on City website – https://www.fostercity.org/covid19
• Create landing page of COVID-19 available City services online and by appointment on City website – https://www.fostercity.org/citymanager/page/citywide-services • Create landing page of COVID -19 response/programs on City website – https://www.fostercity.org/citymanager/page/foster-city-covid-19-response • Create landing page of COVID -19 business resources on City website – https://www.fostercity.org/citymanager/page/covid-19-business-resources • Enable alert on top header of City website with latest City update on COVID-19 • Enable spotlight on City website main page directing to COVID-19 landing page Ongoing
Provide messaging that increases public awareness of mandatory precautionary measures and available resources for the community
• Signage –
o City Facilities Closures – Posted at Building Entrances, Gated Park Facilities, Playgrounds, Bathrooms, etc.
o Electronic Board (for Social Distancing) – Placed on Levee Pedway o Chalk Markings (for Social Distancing) – 6 Feet Markers on Levee Pedway o Metal Signage (for Social Distancing) – Posted Along Levee Pedway Ongoing
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o City Facilities Requirements – Face Coverings , Social Distancing Guidelines/Floor Markers, Limited Capacity in Common Spaces, etc. • FCTV Bulletin – Updated with COVID-19 Information
• Electronic Marquee – Updated with COVID-19 Information • Press Releases –
o March 11, 2020
o March 13, 2020
o March 15, 2020
o March 16, 2020
o April 3, 2020
o April 8, 2020
o April 22, 2020
o April 23, 2020
o April 30, 2020
o May 27, 2020
o June 3, 2020
o October 7, 2020
o June 2, 2021
o June 17, 2021
o July 16, 2021
o July 28, 2021
o October 28, 2021
o January 5, 2022
o February 18, 2022
o March 8, 2022
• Videos/Public Service Announcements –
o Letter from Mayor (Released 03/18/20)
o Video from Mayor (Released 03/26/20)
o Letter from Mayor (Released 03/31/20)
o Joint PSA with SMC Fire Member Agencies (Released on 04/10/20) o COVID-19 Relief Program (Released 05/14/20)
o Summer Safety Message from City Council (Released 06/04/20) o Congratulations to Class of 2020 (Released on 06/09/20) o Visit City Hall Online (Released 07/01/20)
o Submit Permits Online (Released 07/01/20)
o Wear a Mask (Released 08/11/20)
• E-Newsletter/Weekly City Update –
o March 26, 2020
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o April 1, 2020
o April 10, 2020
o April 16, 2020
o April 23, 2020
o May 1, 2020
o May 7, 2020
o May 14, 2020
o May 21, 2020
o May 28, 2020
o June 4, 2020
o June 11, 2020
o June 18, 2020
o June 25, 2020
o July 1, 2020
o July 9, 2020
o July 16, 2020
o July 23, 2020
o July 30, 2020
o August 6, 2020
o August 13, 2020
o August 20, 2020
o August 27, 2020
o September 3, 2020
o September 10, 2020
o September 17, 2020
o September 24, 2020
o October 1, 2020
o October 8, 2020
o October 15, 2020
o October 22, 2020
o October 29, 2020
o November 5, 2020
o November 12, 2020
o November 19, 2020
o November 26, 2020
o December 3, 2020
o December 10, 2020
o December 16, 2020
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o December 31, 2020
o January 7, 2021
o January 15, 2021
o January 21, 2021
o January 28, 2021
o February 4, 2021
o February 11, 2021
o February 18, 2021
o February 25, 2021
o March 4, 2021
o March 11, 2021
o March 18, 2021
o March 25, 2021
o April 1, 2021
o April 8, 2021
o April 15, 2021
o April 22, 2021
o April 29, 2021
o May 6, 2021
o May 13, 2021
o May 20, 2021
o May 27, 2021
o June 3, 2021
o June 10, 2021
o June 17, 2021
o June 24, 2021
o July 1, 2021
o July 8, 2021
o July 15, 2021
o July 22, 2021
o July 29, 2021
o August 5, 2021
o August 12, 2021
o August 19, 2021
o August 26, 2021
o September 2, 2021
o September 9, 2021
o September 16, 2021
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o September 23, 2021
o September 30, 2021
o October 7, 2021
o October 14, 2021
o October 21, 2021
o October 28, 2021
o November 4, 2021
o November 10, 2021
o November 18, 2021
o November 24, 2021
o December 2, 2021
o December 9, 2021
o December 16, 2021
o December 22, 2021
o December 29, 2021
o January 13, 2022
o January 27, 2022
o February 10, 2022
o February 24, 2022
• Recology Billing Mailer –
o June: “We’re in this together, Foster City! Thank you for helping slow the spread of COVID-19. Practice social distancing of at least 6 feet, wear a face covering, and wash your hands frequently. Follow Foster City news and updates at www.fostercity.org/covid19.”
o August: Flyer – “It’s up to all of us, Foster City”
Participate in opportunities for community education whenever possible • City Manager provided COVID-19 update to Rotary Club on 03/25/20 (via Zoom) • Patrol Officers to educate public whenever responding to/enforcing violation reports • Police Chief to host Community Connect/FCPD Virtual Station Tour/Live Q&A event on 04/16/20 (via Facebook Live)
• City Manager and Mayor provided update to Foster City Village on 03/23/21 (via Zoom)
• Partnered with Congresswoman Speier to host a week-long “In America: Remember” exhibit honoring San Mateo County residents who died of COVID-19 from 11/07/21 to 11/14/21
Ongoing
OBJECTIVE ACTION ITEMS STATUS
398
TO SUPPORT NEEDS OF VULNERABLE/AT-
RISK POPULATIONS, MOBILIZING
COMMUNITY-BASED ORGANIZATIONS,
NON-PROFITS, AND PRIVATE SECTOR
Work in partnership with community-based organizations and/or non-profits to help support needs of at-risk populations
• Volunteers at-Large: Direct all volunteer inquiries to County for centralized deployment system – https://www.surveymonkey.com/r/WSXH6PZ • Senior Services:
o Rotary Club Senior Meals Program – Generally, first and third Tuesday of the month; however, suspended until further notice as they have a highly social aspect to them.
o Foster City Village – Actively conducting Meals on Wheels (Mon day-Friday), providing transportation to urgent medical appointments, picking up prescriptions, and conducting their “We Care” program where FCV volunteers make phone calls to their members as a friendly, supportive check in o Foster City Village – City Council allocated $5,000 on 04/06/20 to help provide protective supply purchases, grocery b ag deliveries, food distributions, and gasoline cards for volunteer drivers. These measures will help with additional expenses incurred by the Village as they continue operations while protecting our seniors during the pandemic.
o Senior Shopping Hours – Foster City Safeway (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Target at Bridgepointe (Tuesdays and Wednesdays from 8:00 AM-9:00 AM), Lucky Supermarkets (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Costco (Tuesdays and Thursdays from 8:00 AM-9:00 AM), Ranch 99 (every weekday from 8:00 AM-9:00 AM), and Trader Joe's (daily from 9:00 AM-10:00 AM)
o Foster City Village – Comfort Care Meal Delivery Program for 20 Weeks (01/28/21 to 06/10/21) includes one weekly meal prepared by rotating Foster City restaurants and hand-delivered by volunteer cadre (including Foster City staff)
• Food Distribution:
o Second Harvest Food Bank – Pre-boxed meals distribution to take place the first and third Friday at 9:00 AM/9:30 AM at the Recreation Center parking lot, in a drive-up fashion
o SMFC School District Food Program – Free meal program, grab and go style breakfast and lunch meals, available for all kids and teens 18 and under at Foster City Elementary School. City Council approved allocation of $10,000 on 05/11/20 to help costs of expanding this program. [ENDED] o Great Plates Program – Delivering meals to older adults who are at heightened risk and are unable to obtain or prepare meals on their own while sheltering in place [ENDED]
Ongoing
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o Impossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
• Students/Distance Learning:
o SMFC Education Foundation – City Council approved allocation of $10,000 to help supplement costs of hot spots and internet access to carry out distance learning programs.
Collaborate with the County, SAMCEDA, and Foster City Chamber of Commerce to understand impacts of COVID-19 on businesses and develop financial assistance programs that can offer immediate relief as needed
• Issued survey to businesses to better understand economic impacts of COVID -19 – https://www.surveymonkey.com/r/BXH6H86
• Built Business Resources Page on City website that includes latest updates – https://www.fostercity.org/citymanager/page/covid-19-business-resources • Built directory of businesses open/available for delivery or pick -up – https://local.fostercity.org/
• Help promote San Mateo County Strong Fund, donation f und to help residents, nonprofit organizations and small businesses – https://www.smcstrong.org/ • Evaluated U.S. Senate Bill S.3548 - Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and an informational report was provided to the City Council on 04/06/20. • Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses ) approved by City Council on 04/06/20.
• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
• Consider options f or Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
• Participated in Chamber of Commerce “Chamber Cares Initiative” Weekly Meeting re:
COVID-19 Impacts on Non-Profits 06/16/20
• Outdoor dining temporarily allowed for restaurants looking to provide outdoor dining service and suspend ed Code Enforcement a ctions approved by City Council on 07/06/20
• Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts Ongoing
400
• Outdoor services temporarily allowed for businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices , and suspended Code Enforcement actions approved by City Council on 07/31/20
• Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
• Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) • Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
• Helped promote Restaurant, Brewery & Winery Relief, relief fund to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief • Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Preferences, which was open between 03/11/21 -03/11/21; findings received and accepted by City Council on 04/19/21
• Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 • Helped promote living!LOCAL Holiday Marketplac e by Chamber of Commerce to highlight local goods and services, and benefitting both shoppers and family -run businesses – https://www.whimlocal.com/event/livinglocal/feed • Helped promote Microfood Business Grant Program to help microfood businesses that have not received assistance from the County COVID -19-relief programs in the past 12 months – https://www.smcstrong.org/archivedapplyforfunding Continue dialogue with hotels to understand impacts of COVID-19 on occupancy and consider use of hotels as alternative care facilities
• Connected Nathan Tsai (owner of Crowne Plaza and Towne Place Suites) with County Manager Mike Callagy regarding 650 rooms available
Ongoing
Address risks of homelessness and/or displacement
• Countywide eviction moratorium ordinance; resolution adopting an Emergency Regulation, Pursuant to Section 8634 of the Government Code and Chapter 2.46 of the San Mateo County Ordinance Code, establishing a temporary, countywide moratorium on eviction for non -payment of rent by residential tenants directly impacted by the COVID -19 pandemic; extended through July 28 , 2020 by Board of Supervisors on 06/23/20
• Temporary countywide eviction moratorium for non-payment of rent by residential tenants directly impacted by the COVID-19 pandemic through August 31 and extended Passed on
03/24/20;
06/23/20;
08/04/20
401
the time period in which delayed payments shall be made; amendment to Emergency Regulation approved by Board of Supervisors on 08/04/20 • Allocation of $1 million to the San Mateo County Emergency Financial Assistance Program (ERAP) and continued outreach for the state Emergency Rental Assistance Program to help residents impacted by COVID -19. Eligible applicants include renters/tenants th ose who have experienced financial hardship due to COVID -19, have past due rent or utilities, and have a household income that is not more than 80% of the area median income, as well as property owners/landlords with income - eligible renters. Approved by Board of Supervisors on 06/29/21 Support mental wellness/wellbeing of the Foster City Community • Promote and expand on Virtual Recreation and Resource Center to keep community engaged and active – https://www.fostercity.org/parksrec/page/virtual-recreation- and-resource-center
• Promoted San Mateo County Psychological Association (SMCPA) Virtual Town Halls (04/05/20 and 04/09/20)
• Participated in ‘Thank You Event’ at San Mateo Medical Center with SMC Fire Member Agencies, Public Safety Personnel, City Staff, and Legislative Officials (05/04/20) Ongoing
Build out database for Countywide Community Evacuation Interface to support mass shelter in place and assist with information sharing – https://community.zonehaven.com/ • Assigned liaison to support data needs, provide resources, and update map Ongoing
OBJECTIVE ACTION ITEMS STATUS
TO FOSTER A SAFE WORKPLACE AND
ENABLE THE EMPLOYEE BASE TO
PERFORM
Scale workforce to essential functions only and transition employees to telework/remote to extent possible
• Distributed Teleworking Policy and Form to all employees (March 2020 and December 2020)
• Staffing levels/schedule established on a weekly/monthly basis (dependent on department)
• Provided regular updates to all employees via City Manager and Human Resources (issued 11 internal memos to -date) and Management Team Meeting (on 05/27/20) and All-Hands Meeting (on 05/28/20, 07/29/20, and 12/15/20) • Provided regular updates to City staff via bimont hly City Manager update “The Bulletin” (First and Third Fridays of Each Month); transitioning to monthly updates in 2021
• Shared information on Families First Coronavirus Response Act • Provided tools for all employees to effectively work remotely (with IT A ssistance); includes equipment issuance, tele/video conferencing tools such as Microsoft Teams Ongoing
402
and Zoom, and web -based Employee Resource Page –
https://www.fostercity.org/employees
• Established ‘Return t o Work Taskforce ’ and Developed ‘Employee Return to Work’ Policy
• Developed ‘Adaptable Work Schedule Program’
Ensure safety of front-line/essential personnel, i.e. first responders • Ensure personnel are equipped with PPE and are able to minimize in -person interactions whenever possible (reduced access to Police & Fire Departments, alternate teams/shifts, etc.)
• Provide accommodations for quarantining/isolation by coordinating with County EOC • Provide resources to COVID -19 testing if needed through https://verily.com/ or https://www.projectbaseline.com/study/covid-19/
• Provide childcare options for front -line/essential personnel, i.e. first responders – https://sanmateo4cs.org/
o Shared survey to gather information and better assess needs jurisdiction – https://www.surveymonkey.com/r/SMC_COVID19_childcare
• Implemented self-health assessment/screening requirement at entry points; including installation of thermal scanners at City Hall and Police Department • Posted required Social Distancing Protocol and Signage at City facility entrances and share information with all employees
• Informed all employees of Face Covering Requirement; providing supply of masks if necessary
• Departments coordinating with ‘Return to Work Taskforce’ for site- specific modifications/adaptations (including spacing and health/sneeze guards) ; as well as visitor safety protocols
• Acquired donation of ~5,000 cloth face coverings through U.S. Conference of Mayors ‘Masks for Mayors Initiative’
• Sanitation station/supplies set up in various locations throughout City facilities • Acquiring COVID-19 at-home/self-test kits through County for public safety personnel Ongoing
OBJECTIVE ACTION ITEMS STATUS
TO PROVIDE LONG -TERM STRATEGIC
PLANNING IN RESPONSE TO COVID -19
AND POTENTIAL IMPACTS TO CITY
OPERATIONS
Continue to monitor and work with the County to understand trajectory of COVID-19 and how it may impact City operations and needs of the community • Modeling data will be used a basis to prepare for contingencies where needed and to prepare for reopening of economy/transition to normal operations through phased approach
• Assigned representative to County’s Long-Term Strategic Planning Taskforce Ongoing
403
• Created ‘Return to Work Taskforce ’ to develop policy/strategy for reopening City facilities; as well as policy/safety protocols for visitors & members of the public • Created ‘Parks Reopening Taskforce’ to develop policy/strategy for reopening park facilities
• Overview of San Mateo County Recovery Initiative presented to City Council on 10/05/20 and report accepted by Board of Supervisors on 10/06/20 Evaluate and consider additional actions that are recommended or may be required dependent on outcome/progression of COVID-19 situation; including (but not limited to):
• Extension of City Facilities Closure (TBD; Based on Public Health Order and Until Further Notice)
• Suspend or Freeze Shut -Offs/Disconnection of Water Service for Non -Payment (Currently in Effect)
• Waiver of Credit Card Fees for Online Payment of Utilities Through June 30, 2020 (Approved by City Council on 04/06/20)
• Explore Feasibility of Charging Tier 1 Rates for Water Service (No Longer Pursuing Due to Minor Cost Difference)
• Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses ) approved by City Council on 04/06/20.
• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
• Consider Options for Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
• Freeze Hiring/New Recruitments and Filling of Vacant Positions (Currently in Effect) • Initiated Friendly Streets, Foster City Initiative, dedicating approximately a 1.75 mile stretch of road on northbound Beach Park Boulevard for bicyclists and runners. One lane will be barricaded off from cars to allow bicyclists and runners to safely use the designated detour. In parallel with the detour, this stretch of Levee Pedway is reserved for walking only. (Approved by City Council on 04/06/20) [DISCONTINUED] • Expanded Friendly Streets, Foster City Initiative to extend lane closure on Beach Park Boulevard from Teal Street to Gull Avenue ( Approved by City Council on 05/11/20) [DISCONTINUED]
• Allocated $20,000 total ($10,000 each) to the San Mateo -Foster City Elementary School District /Community Education Foundation for its Free Meal Program and Mobile Hotspot/Wi-Fi for Distance Learning (Approved by City Council on 05/11/20) Ongoing
404
• COVID-19 Recovery Planning Update provided at City Council Vision & Policy Summit (on 06/04/20)
• Outdoor Dining Temporarily Allowed for Restaurants Looking to Provide Outdoor Dining Service and Suspen ded Code Enforcement Actions ( Approved by City Council on 07/06/20)
• Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts • Outdoor Services T emporarily Allowed for Businesses (such as salons/barbers, personal care services, gyms/fitness centers, and offices) and Suspended Code Enforcement Actions (Approved by City Council on 07/31/20) • Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
• Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) • Impossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
• Helped promote Restaurant, Brewery & Winery Relief, relief fund to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief • Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Preferences, whic h was open between 03/11/21 -03/11/21; findings received and accepted by City Council on 04/19/21
• Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 Monitor revenue impacts , e xplore options for expenditure reductions , and seek financial assistance/opportunities for cost recovery of funds
• Track damage estimates and expenditures related to COVID-19 • Log personnel time on Form 214s in relation to COVID-19 incident response • Submit “Request for Public Assistance” through California Governor's Office of Emergency Services (Cal OES) Recovery Section for F ederal Emergency Management Agency’s (FEMA's) Public Assistance Program (Submitted on 04/02/20) Ongoing
405
• Seek approval of the “Designation of Applicant's Agent R esolution for Non -State Agencies” for the Purpose of Cost Recovery Eligibility (Approved by City Council on 04/06/20)
• Discussed City financial impacts related to COVID-19 (04/20/20 City Council Meeting) • Discussed p rojected financial impacts of COVID -19 bey ond the current fiscal year (05/11/20 Budget Study Session)
• Hired MGT Consulting for consultant services for COVID-19 CARES/FEMA Disaster Cost Recovery (08/24/20)
• Quarterly updates on City’s economic performance and impacts related to COVID-19, including s trategies to close long -term structural deficit (09/08/20 City Council Meeting)
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DATE: March 21, 2022
TO: Mayor and Members of the City Council
VIA: Kevin Miller, Interim City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk
SUBJECT: PROCLAMATION REQUEST "RECOGNIZING THE 100TH
ANNIVERSARY OF COLLEGE OF SAN MATEO (CSM)"
(MAYORAL PROCLAMATION)
RECOMMENDATION
It is recommended that the City Council consider approval of the proclamation request for "Recognizing the 100th Anniversary of College of San Mateo (CSM)."
EXECUTIVE SUMMARY
A request was received on March 3, 2022 for a proclamation "Recognizing the 100th Anniversary of College of San Mateo (CSM)."
All proclamation requests are considered by the City Council in its regular course of business, and all proclamation requests require approval from a majority of the City Council. The proclamation has been drafted as a Mayoral Proclamation, per the requestor, which would be provided to the requester if the proclamation request is approved. There are two types of proclamations, Mayoral Proclamation which would be mailed to the requesting organization or presented at the organization's event and a City Proclamation, which would be agendized and presented at a future City Council meeting. 407
FISCAL IMPACT
There is no fiscal impact associated with this item.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This item is in alignment with the "City Council Operations and Improved Community Engagement" Value/Priority Area.
Attachments:
Attachment 1 - Draft Proclamation
Attachment 2 - Proclamation Request
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Proclamation of the Mayor
City of Foster City, California
Recognizing the 100th Anniversary
of College of San Mateo (CSM)
Whereas, College of San Mateo (CSM) was established in 1922 as the first community college in San Mateo County with 35 students and has since grown into a three-college district that has served multiple generations of students; and
Whereas, CSM has served as a gateway to higher education, transfer, workforce development, and self -enrichment rooted in a foundation of academic excellence, student support, community solidarity, and a desire to make the world a better place; and
Whereas, CSM is a leading degree-granting institution which off ers 68 associate and transfer degree programs and an additional 81 professional and career certificates; and
Whereas, CSM is recognized as a top transfer institution to state universities with San Francisco State University, San Jose State University, and University of California, Davis, as the top three transfer schools for CSM students; and
Whereas, CSM classes are valued by local high school students through Middle College, concurrent and dual enrollment programs at Aragon High School, Burlingame High School, Capuchino High School, Carlmont High School, Half Moon Bay High School, Hillsdale High School, La Costa Adult School, Mills High School, Peninsula Continuation, Pilarcitos Continuation, San Mateo Adult School, San Mateo High School, and Sequoia High School which enable students to get a jump-start on their college education; and
Whereas, CSM is committed to respect, integrity, transparency, and inclusion, creating a campus culture that is antiracist and equity-advancing, where students and employees who are Black, Indigenous and People of Color, LGTBQIA+, differently abled, justice impacted, and undocumented are included, embraced, and celebrated for who they are; and
Whereas, CSM has collaborated with community partners such as Second Harvest Food Bank, the United Way of the Bay Area, Samaritan House, and San Mateo Credit Union to expand its support services to include basic needs such as direct aid to low-income students and programs to provide financial literacy, food and housing assistance, and mental health support; and
Whereas, CSM stands ready to enter a new century of opportunities and challenges while continuing to provide a liberatory education to empower all, now and for future generations; and
Whereas, CSM continues to be a vital resource for the City of Foster City and surrounding communities; and
Whereas, the City of Foster City has benefited from the educational opportunities, community partnerships, and economic mobility offered by College of San Mateo.
NOW, THEREFORE, I, RICHA AWASTHI, MAYOR OF THE CITY OF FOSTER CITY, officially recognize and celebrate the 100th Anniversary of College of San Mateo (CSM) and acknowledge its numerous contributions and the essential role it plays in the community.
IN WITNESS WHEREOF, I have hereunto set my hand and have caused the official seal of the City of Foster City to be affixed this twenty first day of March, two thousand twenty-two, A.D.
RICHA AWASTHI, MAYOR
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From: Leila Perreras
To: Foster City City Clerk"s Office
Subject: Proclamations Request for CSM"s Centennial Celebration on 3/31/22 Date: Thursday, March 3, 2022 10:15:11 AM
Attachments: CSM_Proclamation_Outline_1_22_FINAL.docx
Hi Priscilla,
I hope this email finds you well!
I am putting in a request for proclamations certificate for CSM's Centennial Celebration. The gala is on March 31st. Are you the correct contact to make this request? I was assuming to contact the office of the president for the BOS. Attached is the verbiage. Can you have this prepared for me and let me know when they will be ready for pick up? Please let me know if you have any questions or need more information or if there is another contact I need to reach out for this request. My cell is (650) 678-8638.
Respectfully,
Leila
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Whereas, College of San Mateo (CSM) was established in 1922 as the first community college in San Mateo County with 35 students and has since grown into a three-college district that has served multiple generations of students; and
Whereas, CSM has served as a gateway to higher education, transfer, workforce development, and self-enrichment rooted in a foundation of academic excellence, student support, community solidarity, and a desire to make the world a better place; and
Whereas, CSM is a leading degree-granting institution which offers 68 associate and transfer degree programs and an additional 81 professional and career certificates; and
Whereas, CSM is recognized as a top transfer institution to state universities with San Francisco State University, San Jose State University, and University of California, Davis, as the top three transfer schools for CSM students; and
Whereas, CSM classes are valued by local high school students through Middle College, concurrent and dual enrollment programs at Aragon High School, Burlingame High School, Capuchino High School, Carlmont High School, Half Moon Bay High School, Hillsdale High School, La Costa Adult School, Mills High School, Peninsula Continuation, Pilarcitos Continuation, San Mateo Adult School, San Mateo High School, and Sequoia High School which enable students to get a jump- start on their college education; and
Whereas, CSM is committed to respect, integrity, transparency, and inclusion, creating a campus culture that is antiracist and equity-advancing, where students and employees who are Black, Indigenous and People of Color, LGTBQIA+, differently abled, justice impacted, and undocumented are included, embraced, and celebrated for who they are; and
Whereas, CSM has collaborated with community partners such as Second Harvest Food Bank, the United Way of the Bay Area, Samaritan House, and San Mateo Credit Union to expand its support services to include basic needs such as direct aid to low-income students and programs to provide financial literacy, food and housing assistance, and mental health support; and
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Whereas, CSM stands ready to enter a new century of opportunities and challenges while continuing to provide a liberatory education to empower all, now and for future generations; and
Whereas, CSM continues to be a vital resource for the City of ________________ and surrounding communities
Whereas, the City of ___________________ has benefited from the educational opportunities, community partnerships, and economic mobility offered by College of San Mateo; and
Therefore, in honor of its 100th anniversary, the City of _____________________ does recognize and celebrate College of San Mateo for its numerous contributions and the essential role it plays in the community.
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DATE: March 21, 2022
TO: Mayor and Members of the City Council
VIA: Kevin Miller, Interim City Manager
FROM: Jennifer Phan, Interim Deputy City Manager
Vanessa Brannon, Management Analyst
SUBJECT: UPDATED NON-PROFIT GRANT PROGRAM
RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept a report on an updated non-profit grant program process and provide policy direction on the following:
1. How much funding does the City Council wish to direct staff to include as a budget placeholder in the Preliminary Budget for non-profit agencies? In Fiscal Year 2021-2022 the total amount awarded to all non-profit agencies was $123,100. However, this was an outlier year, as funding came from several sources, including a $57,500 donation from Gilead Sciences, $60,000 from the Community Benefits Fund, and $15,600 from the Council/Board General Fund Budget. In previous years, a $60,000 placeholder was added.
2. Does City Council wish to adjust the funding level percentages for each Community Needs category?
3. Should staff prioritize conducting a Community Needs Assessment in Fiscal Year 2022-2023?
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EXECUTIVE SUMMARY
During the budget preparation process, City Council traditionally considers whether and at what level to fund non-profit agencies that provide services to the Foster City community. The City Council has used the same process for a number of years. However, members of the City Council have expressed an interest in reviewing and updating the process.
Attachment 1 documents an updated non-profit funding grant program process, adding a staff evaluation component and a description of the Community Needs primary categories. If the City Council decides that it wishes to entertain funding requests from non-profit agencies, staff is seeking direction on how much funding City Council wishes to include as a budget placeholder in the Preliminary Budget for non-profit agencies, the funding percentage levels for each community needs category, and if staff should prioritize conducting a Community Needs Assessment in Fiscal Year 2022- 2023.
Based on City Council direction, staff will proceed to implement the non-profit funding application process for Fiscal Year 2022-2023.
BACKGROUND
For more than a decade, the City Council has chosen to contribute to non- profit agencies in order to provide services to the community that the City cannot effectively provide, either due to lack of expertise or funding. By contributing to non-profit organizations, these agencies provide services on a local or regional basis that the City could not provide for the same financial investment.
Over the years, the non-profit funding application process has required a variety of questions and supplemental information. The non-profit funding application was expanded to include additional evaluation criteria, including, applicants have been required to submit an application that provides contact information and answers the following questions:
Describe the problem or need area being addressed, including any formal study that has been done of the local and regional need for the service, program, or project.
Describe the accomplishments over the recent year of your organization and/or the program for which you are requesting funding. 414
Describe the benefits to the City of Foster City and/or its residents of the program goals and accomplishments described in the previous two questions.
How many Foster City residents did this program serve last year and/or how many are expected to be served in the coming year?
Does your organization or program serve a larger geographic area or any other jurisdictions? List (if any), including the total number, typically served.
Describe the organization’s experience providing the proposed project or program.
Describe the way that the program is staffed (full-time, part-time, volunteer) and organized, as well as your organization’s total annual budget and various sources of revenue.
Describe any collaboration that exists between your organization, this program and programs administered by other agencies, including financial, staffing, or cross-referral, and how this may have benefited or increased the impact of your services.
As part of the application process, each non-profit organization must provide proof of non-profit status (501(c)(3) or equivalent). Additionally, each agency is invited to send a representative to a special meeting of the City Council in order to give a short presentation and be available to answer questions about their programs and funding requests. City Council evaluates non-profit agencies based upon completed applications as well as their individual familiarity with the non-profits’ programs and initiatives and oral responses to questions at the City Council meeting. Councilmembers submit individual funding recommendations to City staff to compile. City Council then considers contributions to each of the non-profit agencies. Staff incorporates the approved non-profit funding amounts into the final budget document.
The full non-profit grant funding program is a step-by-step process through the budget season:
1. City Council provides direction to staff regarding the non-profit funding process early in the budget season.
2. Based on City Council direction, staff conducts general outreach to announce the open non-profit funding application period in addition to sending letters to previously funded non-profit organizations for their awareness.
3. All requests for funding are due from non-profit agencies by the due date.
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4. Non-profit representatives are invited to a special meeting of the City Council to answer questions about funding requests.
5. City Councilmembers submit individual funding recommendations to City staff.
6. Final Budget is adopted by the City Council.
7. Staff notifies non-profit agencies of the award of funding including respective amounts via a letter.
ANALYSIS
Based on City Council's feedback and requests over recent cycles, staff reviewed the City’s process, as well as those in neighboring municipalities.
The review process identified that the current process is somewhat arbitrary in how funding is granted and which non-profits receive funding. Staff has documented an updated Non-Profit Grant Program process as Attachment 1.
In reviewing the non-profit funding process of several cities in San Mateo County, staff learned that most utilized Community Development Block Grants (CDBG) to fund their non-profit funding programs. Community Development Block Grants are intended to support community development activities to build stronger and more resilient communities. Activities and funding may address needs such as economic development projects, community centers, housing rehabilitation, public services, homeowner assistance, etc. In addition to utilizing State and Federal grants to fund non- profit programs, some San Mateo cities also use City Council grant subcommittees or advisory committees to evaluate applications and make recommendations to the City Council.
Since Foster City normally utilizes general funds to fund the Non-Profit Grant Program, staff is recommending an updated process that adds Community Needs Categories and associated eligible activities (Attachment 1) and Evaluation Criteria staff will use to assess each non-profit application in determining funding recommendations to City Council. Relying on community needs and application evaluation, staff can provide City Council with more in- depth and comprehensive analysis of the non-profit organizations serving the Foster City community.
Community Needs Assessment
In 2019, San Mateo County Health Department conducted a Community Health & Needs Assessment which identified areas affecting the health of San Mateo County. While the City has yet to conduct its own Community 416
Needs Assessment, each non-profit must provide detailed identification and analysis of local needs. This analysis allowed staff to extrapolate the types of services each non-profit provides to the Foster City community.
Staff has identified primary community needs categories and the recommended funding percentage level in each category. These funding level percentages were established based on non-profit funding requests previously approved by City Council, non-profit applications, and services used during the COVID-19 Pandemic.
The non-profit funding level percentages were developed by analyzing the previous ten years’ funding amounts by community need category. Staff removed Fiscal Year 2021-2022, as it was an outlier year in terms of services used and funding amounts awarded. In Fiscal Year 2021-2022, Foster City received a donation from Gilead Sciences, Inc. in the amount of $57,500.
These donated funds, plus the City’s contribution of $50,000 in the Community Benefit Fund and $15,600 in the Council/Board General Fund Budget for non-profit funding equated to $123,100, more than double the usual amount dedicated to non-profit funding.
Basic Services – Activities include, but are not limited to, services for the homeless, seniors, youth, disabled, and low-income individuals and families, such as subsistence programs, healthcare initiatives, and rental assistance.
Non-profits submitting applications in this Community Needs Category are eligible for 59.49% of the total amount allocated by the City Council. City staff will evaluate each application and submit recommended funding amounts to City Council for approval.
Community Enrichment – Activities that promote community enrichment, including, but not limited to educational and recreational programs and initiatives that promote social equity and engagement.
Non-profits submitting applications in this Community Needs Category are eligible for 30.40% of the total amount allocated by the City Council. City staff will evaluate each application and submit recommended funding amounts to City Council for approval.
Community Health – Activities, programs, or projects that support Foster City residents’ well-being, preserve city resources, or increase community environmental sustainability.
Non-profits submitting applications in this Community Needs Category are eligible for 10.11% of the total amount allocated by the City Council. City staff 417
will evaluate each application and submit recommended funding amounts to City Council for approval.
Evaluation Criteria
Staff has identified three evaluation categories, which are: the organization’s Administrative Capacity, Identification and Analysis of Local Need, and Program Purpose. Staff will internally evaluate proposals based upon these criteria and transmit funding requests to the City Council. However, the City Council would not be bound by these funding requests and could award funding based upon its understanding of the community, the organization, and the City’s needs.
EVALUATION
CRITERIA
DESCRIPTION
Administrative Capacity
Organization experience / past performance
in providing the proposed project or program
Stability of the organization and adequacy of
staffing
Collaboration with other agencies and/or
elimination of redundancy of service
Budget/Leveraging of Funds
Identification/Analysis
of Local Needs Documentation of Local Need
Alignment with goals identified in City’s
policy documents (e.g., Council priorities,
General Plan, etc.)
Program Purpose
Program goals clearly stated and attainable
Service levels measurable
Schedule
Staff recommends the following timeline for non-profit funding applications, which is similar to the schedule in previous years. However, the Special Meeting that usually occurs in May for non-profit agency presentations has been removed.
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FISCAL YEAR 2022-2023 NON-PROFIT FUNDING TIMELINE
April 1, 2022 City staff provides notice of funding availability and opens the non-profit funding application period.
May 1, 2022 All requests for funding are due from non-profit agencies no later than 5:00 PM.
June 6, 2022 City Council considers and determines final funding levels for non-profit agencies which staff incorporates into the Final Fiscal Year 2021-2022 Budget document.
June 20, 2022 Final FY 2022-2023 Budget is adopted by the City Council
July 1, 2022 Non-profit funding program year begins.
Policy Questions
Staff requests City Council policy direction on the following:
1. How much funding does the City Council wish to direct staff to include as a budget placeholder in the Preliminary Budget for non-profit agencies? In Fiscal Year 2021-2022 the total amount awarded to all non-profit agencies was $123,100. However, this was an outlier year, as funding came from several sources, including a $57,500 donation from Gilead Sciences, $60,000 from the Community Benefits Fund, and $15,600 from the Council/Board General Fund Budget. In previous years, a $60,000 placeholder was added.
2. Does City Council wish to adjust the funding level percentages for each Community Needs category?
3. Should staff prioritize conducting a Community Needs Assessment in Fiscal Year 2022-2023?
FISCAL IMPACT
There is no fiscal impact in receiving this report. Usually, as part of the Preliminary Budget, City Council approves a placeholder amount of $60,000 for non-profit agencies’ funding contributions under the City Council's Contributions to Other Agencies Budget (Account No. 001-1030-413-4260). 419
CITY COUNCIL VISION, MISSION AND VALUE/PRIORITY AREA
This item is in alignment with the City Council's Vision and Mission to deliver equitable services for a Sustainable Foster City.
Attachment:
Attachment 1 - Foster City Non-Profit Funding Grant Program Guidelines
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ATTACHMENT 1
Foster City Non-Profit Grant Program Guidelines
Fiscal Year 2022-2023
PROGRAM PURPOSE
The Foster City Non-Profit Grant Program designates funding through the annual budget process for grant funding to local non-profit agency programs and projects that improve the health, social, and educational enrichment, human or community welfare, and/or economic opportunities of Foster City residents.
FUNDING
Funding levels are determined annually by the City Council during budget preparation.
Funding may be approved from any combination of the General Fund, Special Funds, or any other funds controlled by the City. Typically, funding is available in the City Council’s budget in general account number 001-1030-413-42-60 (Contributions to Other Agencies).
ELIGIBLE NON-PROFIT AGENCIES
Only local non-profit agencies are eligible for funding. For the purpose of this program, “Local” means that the agency provides services within San Mateo County and can demonstrate a benefit to Foster City residents. “Non-profit” means that the organization is tax-exempt under section 501(c)(3) of the Internal Revenue Code.
COMMUNITY NEEDS CATEGORIES AND ELIGIBLE ACTIVITIES
The Non-Profit Grant Program will consider applications in the following primary community needs categories:
Basic Services – Activities include, but are not limited to, services for the homeless, seniors, youth, and low-income individuals and families such as subsistence programs, healthcare initiatives, and rental assistance.
Non-profits submitting applications in this Community Needs Category are eligible for 59.49% of the total amount allocated by the City Council. City staff will evaluate each application and submit recommended funding amounts to City Council for approval.
Community Enrichment – Activities that promote community enrichment, including, but not limited to educational and recreational programs and initiatives that promote social equity and engagement.
Non-profits submitting applications in this Community Needs Category are eligible for 30.40% of the total amount allocated by the City Council. City staff will 421
evaluate each application and submit recommended funding amounts to City Council for approval.
Community Health – Activities include, but are not limited to, programs or projects that support Foster City residents’ well-being, preserve city resources, or increase community environmental sustainability.
Non-profits submitting applications in this Community Needs Category are eligible for 10.11% of the total amount allocated by the City Council. City staff will evaluate each application and submit recommended funding amounts to City Council for approval.
EVALUATION CRITERIA
City Staff will consider the following criteria when considering non-profit funding applications. However, City Council retains full discretion over the distribution of funding, regardless of staff recommendations.
EVALUATION CRITERIA DESCRIPTION
Administrative Capacity • Organization experience/Past performance in providing the proposed project or program
• Stability of the organization and adequacy of staffing • Collaboration with other agencies and/or elimination
of redundancy of service
• Budget/Leveraging of Funds
Identification/Analysis of
Local Needs
• Documentation of Local Need
• Alignment with goals identified in City’s policy
documents (e.g., Council priorities, General Plan,
etc.)
Program Purpose • Program goals clearly stated and attainable • Service levels measurable
APPLICATION PROCESS
1. At the City Council Study Session in January/February, the City Council re- confirms the process it wants to take to solicit and award non-profit grant funding and provides direction on the funding placeholder to be used in the Preliminary Budget document.
2. City staff advertises the non-profit funding process on the City’s website, issues a press release, and e-mails non-profits that received funding in the prior year, any additional nonprofits identified by the Council, and any non-profit that requests the information, outlining the timelines and requirements.
3. Nonprofits submit applications by the identified due date. 422
4. Staff evaluates the non-profit applications, scoring all applications based on the evaluation criteria identified above. Using the Community Needs Funding Levels a report for a City Council budget study session. This staff report will include copies of the proposals submitted by the non-profit agencies and staff scoring of all proposals based on the evaluation criteria identified above.
5. The Council holds a study session in June where it considers Staff’s recommendations on how much funding to allocate to each non-profit.
6. Council direction is incorporated into the Final Budget which is adopted at the second meeting in June.
7. After July 1, staff sends a notice to all applicants, notifying them of their status and describing the process for receiving funding for those which are approved.
FUNDING PROCESS
Once funding is approved through budget adoption, non-profits must provide the City with an invoice for the funding amount.
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DATE: March 21, 2022
TO: Mayor and Members of the City Council
FROM: Kevin Miller, Interim City Manager
Tiffany Oren, Recreation Manager
SUBJECT: WAIVED FEE OR NO-COST OPPORTUNITIES FOR
CULTURAL DISPLAYS/HOLIDAY EVENTS AT CITY VENUES
RECOMMENDATION
It is recommended that City Council, by Minute Order, provide direction to staff on whether the Parks and Recreation Department should establish waived fees or no-cost opportunities for individuals and community groups to showcase cultural displays at City venues. The City proposes a multi-faceted approach to celebrate the community’s diversity, including:
1. Year-round educational cultural display option at the William E. Walker Recreation Center Art Gallery (no-cost);
2. Multi-cultural holiday celebration as a component of the City's Annual Tree Lighting Event (no-cost); and
3. Cultural Showcase event opportunity in November or December at the Leo J. Ryan Park amphitheater or meadow area (special event fees waived, park reservation fee will apply).
EXECUTIVE SUMMARY
The Parks and Recreation Department receives requests from individuals and community groups seeking venues to hold celebratory cultural events. Staff requests City Council direction on whether to provide waived fees or no-cost opportunities should be made available to qualified applicants, as a means to educate the public on their culture and celebrate diversity within the community.
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BACKGROUND
Foster City’s Leo J. Ryan Park has been a preferred site for a number of cultural events hosted by individuals and community groups over the years.
These large-scale events are independently run and paid for by the individual event hosts. All outdoor special events are required to go through the City’s Interdepartmental Evaluation Committee (IDEC) which consists of submitting an event proposal, scheduling site walkthroughs and planning meetings with staff, and having it reviewed by a member from each City department. Large scale community events often require the organizer to obtain multiple types of permits and require designated City staff to be present for the duration of the event. Large events impact the park, Recreation Center, and the parking lot and do not allow for other rentals/programs to occur at the same time. Losing the ability to host multiple rentals/programs results in a loss of revenue.
At times, Recreation receives inquiries from interested groups that wish to hold smaller events that require minimal setup and staff support. These requests typically have smaller attendance size (under 200 people), are of shorter duration, and are not intended to be a fundraiser for the host organization.
Since these events are smaller in scale, the City can still accommodate other programs and/or rentals to occur simultaneously in the park or inside the Recreation Center.
ANALYSIS
In response to these requests, staff researched and identified a variety of options for consideration. If approved, the public would be notified via press release and social media of the following opportunities:
Art Gallery Display: Currently, the Art Gallery in the William E. Walker Recreation Center is available for local artists to apply to display and sell their work. Staff believes that there is also an opportunity for individuals/groups to set up an educational cultural display to share with the community. The cultural display opportunity would be free to qualified applicants and applications would be accepted on a rolling basis. Displays in the Art Gallery are limited to once annually per applicant or group. To be able to accommodate as many groups as possible, each cultural display will be up for no more than a two (2) week period.
Multi-Cultural Holiday Celebration at Tree Lighting Event: Each year, the 425
City hosts a popular annual winter celebration that features a holiday tree lighting ceremony. City staff is open to inviting other community groups to join in the celebration by allowing groups to set up an educational booth at the event. Approved groups would be given a designated table in which they can set up a display as well as the opportunity to showcase a cultural performance, dance, or demonstration. The expanded Tree Lighting event would be able to accommodate a maximum of four (4) cultural groups and allow for each of them to host a ten (10) minute performance.
Approval process for above includes:
Application period: September 1-30 each year
Staff recommended applications will be provided to City Council by the second meeting of November each year for final review and approval Cultural Showcase Event at Leo J. Ryan Amphitheater or Meadow:
Individuals or groups would have the opportunity to apply for a no to low- impact cultural event to be held outdoors only in November or December at the Leo J. Ryan Amphitheater or the Leo J. Ryan Park Meadow area. The definition of a no to low-impact event is defined as:
1. Fewer than 200 attendees;
2. Four hour maximum time limit including set up and breakdown;
3. Equipment, including tables, chairs and sound equipment, is not provided by City;
4. Staff will provide two walkthroughs with event host prior to the event, but there will not be designated staff provided for the event itself;
5. No sales allowed;
6. Access to power will be provided at the amphitheater area only;
7. Applicant must pay $225 park reservation fee. No IDEC or other associated special event fees would apply; and
8. Rental area must be restored to pre-event condition (trash, decorations, etc. must be removed).
Approval process for above includes:
Application period: June 1-30 each year
Applications will be provided to City Council at the first meeting of August each year for final review and approval
The information above is intended to provide a preliminary description of the events. Upon direction and approval by City Council, staff will further define 426
these opportunities and the application processes.
FISCAL IMPACT
The fiscal impact that is associated with the program opportunities as outlined only impact staff time required for program administration and implementation. Staff time is needed to consult with groups regarding their events as well as the time required to set up their art gallery display or table at the Tree Lighting Ceremony event. For the Cultural Event Showcase, each group would be required to pay the park permit fee to host their event.
Event Staff Time at Billable Rate Per Program/Event
Art Gallery Display Total: $235
1 hr Recreation Manager @ $235/hr
Multi-Cultural
Holiday Celebration
at Tree Lighting
Total: $175
1 hr Recreation Coordinator @ $175/hr
Cultural Event
Showcase
Total: $360*
1 hr Recreation Manager @ $235/hr
2 hr Recreation Coordinator @ $175/hr= $350
*Total is the staff time minus the event revenue from
park permit of $225
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item aligns with the City Council’s "Public Safety and Social Equity" Value/Priority area. Providing these options provides the public opportunities to promote diversity within our community.
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DATE: March 21, 2022
TO: Mayor and Members of the City Council
VIA: Kevin Miller, Interim City Manager
FROM: Louis Sun, Public Works Director
Paul Nagengast, Project Advisor, Regional Government
Services
SUBJECT: LEVEE IMPROVEMENT PROJECT (CIP 327-657)
FEBRUARY 2022 - GENERAL UPDATE
RECOMMENDATION
It is recommended that the City Council, by Minute Order, consider and accept this progress update on the Levee Improvements Project (Project). No further action is required by the City Council.
EXECUTIVE SUMMARY
Staff will provide a verbal update of the latest Project activities at the City Council meeting. This report provides an update of Project progress and budget impacts with current expenditures detailed in an attached work sheet.
Highlights of Project progress and pictures, since the last City Council update on February 22, 2022, are included in the attached Construction Manager’s Report and listed below:
City Council was advised on February 22, 2022, that staff would be initiating conversations with various regulatory agencies regarding the mitigation requirement to provide full tidal action into the O’Neill Slough. The attempt by the contractor in January to remove the 428
sheet pile coffer dam for O’Neill Slough at Baffin Street bridge caused concern with adjacent residents in City of Belmont due to the full tidal action in the slough. Until now, the tidal action had been muted due to a damaged pipe. The bridge was required to restore full tidal action in the slough as required by regulatory agencies. Staff will provide a verbal update to City Council as to the results of the discussions with the regulatory agencies to determine if muted tidal action can continue until a later date.
The Contractor is limited to working in the Phase 2 and Phase 3 work areas between February 1 to August 31, unless nesting protocol surveys indicate there are no nesting birds in the area and the regulatory agencies concur with the findings. Huffman Broadway Group has completed its survey to determine whether there are any nesting birds within the Phase 1 work area. A few birds have been identified in the Phase 1 portion by Sea Cloud Park, however there is still potential for the Contractor to return to the area. Huffman Broadway Group is currently completing their report to the permitting agencies. Based on further analysis of the survey results, if the request of the report is to return to the area before September 1 and concurrence is received from the regulatory agencies, it is anticipated the Contractor will be able to return to work in Phase 1 in April or May 2022.
The Baffin Street bridge has been installed. Additional work is still necessary before the bridge can be safely opened. The Contractor cannot return to this area until September 1, (or April/May if the bird nesting survey indicates minimal to no nesting birds and the regulatory agencies approve.) It is anticipated Baffin Street bridge can be opened by early Summer 2022, barring any unforeseen issues.
The Contractor continues construction operations under the San Mateo bridge in accordance with the encroachment permit received from Caltrans. Significant progress related to flood wall 25 and 10 has been made including excavation and concrete placements of the flood walls. The Contractor will continue to complete the work for flood wall 25 and 10 and move east to complete flood wall 11. The Contractor has completed approximately 3.5 miles of the 4.2 miles of the revised concrete cap for the top of installed sheet piles (CCO #9: $110K; and CCO#10: $932K) along Beach Park Boulevard and Phase 1 locations near Sea Cloud Park.
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The Contractor continues to work on the block retaining walls related to CCO #20. Significant progress has been made on retaining wall 4 and will be completed following the construction of access point 10.
Construction for retaining wall 2 has begun.
Staff continues to monitor the Safe Routes to School plan for Bowditch Middle School and other locations that may be affected by the Project. Coordination by staff with the school personnel provides direct feedback about the dropping off and picking up of students as well as the walking and biking by students to school.
Current Schedule Timeline
Award of Contract: July 20, 2020 Notice to Proceed: September 28, 2020 Phase 1 Bay Trail Closure – Opening: October 2020 – January 2023 Phase 2 Bay Trail Closure – Opening: January 2021 - November 2022 Phase 3 Bay Trail Closure – Opening: April 2021 – January 2023 Project Substantial Completion: August 2023 Project Completion: January 2024
PROJECT BUDGET AND COST/EXPENSES
The Project continues to be on time and within Budget, and expenses continue to trend as anticipated.
Summary of known costs to date:
Total Budget/ Bond Measure: Budget = $85M Bond Measure = $90M; GO Bonds Sold = $85M; Additional City reserves for Project if necessary = $10M
Construction Contract: Shimmick: $60.2M; Contingency: $9M Expenditures: Shimmick: $43M; Others: $11M; Total: $54M Change Orders Approved: As of 3/08: CCO #1-20 = $4.2M
Change Orders Anticipated: TBD
FISCAL IMPACT
There are no fiscal impacts associated with this Project update.
At an April 2022 City Council meeting, staff will present for the Council’s consideration, Contract Amendment No. 3 to the Phase III Schaaf & Wheeler 430
contract. This amendment will address additional out of scope work including, but not limited to, iterative communication over an 18-month period to secure a Caltrans encroachment permit, performance of additional protocol surveys and biological monitoring, drawing revisions to incorporate the trail and sheet pile wall re-alignment near Swordfish Street along Beach Park Boulevard, drawing revisions to meet accessibility requirements, additional communications and meetings to address recreational water user requirements, street lighting reviews, corrosion monitoring during construction, and potential preparation of design solutions to continue muting of the full tidal action at O’Neill Slough. A detailed staff report will be presented by staff in April.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
The Levee Improvements Project is in alignment to the City Council's adopted Vision and Mission statements, in that it seeks to create a sustainable environment through infrastructure improvements for current and future generations to come. This item is also directly related to the "Facilities and Infrastructure" Value/Priority Area. The key outcome is to make substantial progress toward an improved levee on time and budget to protect the community and critical infrastructure from storms and high tide.
Attachments:
Attachment 1 - Monthly Construction Manager's Report - February 2022
Attachment 2 - Expenditure Report as of February 28, 2022 Attachment 3 - Memorandum and Communications Metrics - February 2022 Dashboard Report
431
MONTHLY CONSTRUCTION MANAGER’S REPORT
Foster City Levee Improvements Project
City Project No. CIP 301-657
Contractor: Shimmick Construction Co Report Period: February 1-28, 2022 CM: Tanner Pacific, Inc.
Designer: Schaaf & Wheeler
Original Contract
Duration
(Calendar Days):
Days Elapsed: 519 % Elapsed: 43.3%
Substantial Final
Completion Completion
Date: Date:
Original Contract Approved Revised
Contract
Value: CCOs: Value:
Contingency: $9,000,000.00 Remaining
Contingency: $ 4,843,765.23 % Contingency
Used: 46%
Costs Billed to Date: $39,438,720.42 % of Contract
Billed to Date: 61%
$60,218,000.00 $ 4,156,234.77 $64,374,234.77
Contract/Schedule Update
1200 Additional Days
Granted: 0 Calendar Days
Remaining: 681
Notice To Proceed: 9/28/2020 10/2/2023 1/10/2024
Cost Management Update
Attachment 1
432
MONTHLY CONSTRUCTION MANAGER’S REPORT
Work Summary
Recently Completed:
• Concrete footing placement for Floodwall 3 (near Baywinds Park) • Floodwall 6 stem wall concrete placement at ~Sta. 56+34 (Phase III) • Floodwall 23 concrete footing & wall placement at ~Sta. 63+00 (Phase III) • Placement of concrete wall section for Floodwall 24 at ~Sta. 94+00 (near SM Bridge) • Floodwall 25 concrete footing placement at ~ Sta. 98+50 (near SM Bridge) • Clearing and grubbing for Floodwalls 25 and 11 at ~Sta. 100+00 (under SM Bridge) • Subgrade excavation for Floodwall 25 ~ Sta. 100+00 (under SM Bridge) • Subgrade excavation for Floodwall 11 ~Sta. 102+00 (adjacent to Werder Pier) • Completion of installation of lightweight concrete fill for levee sections from Sta. 202+20 to Sta. 100+00 (Shorebird Park to SM Bridge)
Upcoming:
• Continued submittals for landscaping, irrigation, and site furnishings • Finalization of AP-9 Pedestrian bridge foundation design submittals • Continued import of materials to staging areas
• Continued construction for concrete floodwalls from ~Sta. 0+00 – Sta. 100+00 (E. 3rd Ave to SM Bridge)
• Concrete stem wall placement for Floodwall 3 (near Baywinds Park) • Subgrade excavation for Floodwall 2 (near Mariner’s Point Golf Center) • Continued construction of bay-side paths along Floodwalls 5 & 8 (Phase III) • Lagoon outfall structure work at ~Sta. 70+00 (Phase III) • Construction of Retaining Wall 02 (northwest of the SM Bridge) • Construction of AP-9 pedestrian bridge foundations at ~Sta. 85+00 (northwest of the SM Bridge)
• Completion of Retaining Wall 04 blocks and lightweight concrete fill (northwest of the SM Bridge)
• Completion of sheet pile wall concrete cap along Floodwall 12 (Phase II, Beach Park Blvd) • Continued construction of bay-side paths along Floodwall 12 (Phase II, Beach Park Blvd) • Continued construction of land-side access points (APs) along Phase II, Beach Park Blvd • Concrete flatwork at access points in Phase II, Beach Park Blvd. • Completion of bird nesting protocol surveys for 2022 in Phase III (Shorebird Park to Southern Project Limit)
433
MONTHLY CONSTRUCTION MANAGER’S REPORT
Monthly Progress Photos
Placement of rebar and formwork for the Floodwall 03
stem wall near Mariner’s Point Golf Center in Phase III Excavation for subgrade and keyway for the Bayside
path adjacent to Floodwall 05 at ~ Sta. 50+00 Phase III
Formwork placement for Floodwall 25 and Floodwall 10
near ~Sta. 98+25 in Phase III (near the SM Bridge)
Access Point 22 construction near Sta. 122+00
(adjacent to Tarpon Ave) in Phase II
434
Levee Project Approved Budget: 85,000,000.00$
Vendor Name or Expense Consultant Role or Expense Category Base Contract Amount
Contingency Contract
Amendments
Current Contract
Authority
Amount
Total
Expected/Actual
Cost
Invoices Received
and Paid As Of
2/28/22
Contingency
Spent
Contingency
Remaining
Status
Shimmick Construction Construction Contractor 60,218,000.00$ 9,000,000.00$ 69,218,000.00$ 69,218,000.00$ $42,910,813.20 $3,937,104.84 $5,062,895.16 Active Tanner Pacific (TPI) Construction Management and Inspection 6,698,877.00$ 300,000.00$ 491,500.00$ 7,490,377.00$ 7,550,000.00$ $3,630,552.54 $0.00 $300,000.00 Active Schaaf & Wheeler (S&W) - Phase 3 Engineering Consultant 2,600,000.00$ -$ 208,745.00$ 2,808,745.00$ 3,100,000.00$ $1,866,832.01 N/A N/A Active Urban Planning Partners (UPP) Planning Consultant - EIR 340,404.00$ 51,061.00$ 70,099.00$ 461,564.00$ 470,000.00$ $436,823.79 $51,061.00 $0.00 Active Regional Government Services Authority (RGS) Project Advisory Services** 561,600.00$ -$ -$ 561,600.00$ 561,600.00$ $162,126.00 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 49,000.00$ -$ 61,000.00$ 110,000.00$ 110,000.00$ $93,478.75 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 127,056.00$ -$ -$ 127,056.00$ 127,056.00$ $57,620.00 N/A N/A Active Huffman-Broadway Group (HBG) Environmental Consultant - Post Construction Environmental Monitoring
275,000.00$ 275,000.00$ $0.00 $0.00 $0.00 Future Contract Wilsey Ham (WH) RUNCO Survey 16,518.00$ -$ -$ 16,518.00$ 17,000.00$ $4,825.00 N/A N/A In Progress Wilsey Ham (WH) On-Call Surveyor 44,946.00$ 4,000.00$ -$ 48,946.00$ 50,000.00$ $8,522.00 $0.00 $4,000.00 In Progress Bender Rosenthal, Inc. (BRI) Property Acquisition Consultant 218,083.00$ 31,000.00$ 249,083.00$ 249,083.00$ $9,651.75 $0.00 $31,000.00 In Progress Miscellaneous Expenses Other Miscelleneous Expenses 40,000.00$ 40,000.00$ $62,531.12 Active Miscellaneous Expenses Communications / Outreach Expenses 40,000.00$ 40,000.00$ $23,703.24 Active Miscellaneous Expenses Fees Paid to Other Agencies 200,000.00$ 200,000.00$ $178,997.64 Active Miscellaneous Expenses Property Acquistion Cost of acquisition 100,000.00$ 100,000.00$ $0.00 In Progress Burke, Williams & Sorenson, LLP* City Attorney $ 500,000.00 $ 500,000.00 $343,034.12 Active TBWB Strategies (TBWB) Public Outreach 29,986.00$ 119,565.00$ 149,551.00$ $141,427.04 $141,427.04 Closed Rutan & Tucker (R&T) Attorney 53,874.86$ 53,874.86$ $53,874.86 $53,874.86 Closed EMC Research, Inc. (EMC) Public Opinion Research 44,000.00$ 2,500.00$ 46,500.00$ $46,500.00 $46,500.00 Closed SCI Consulting (SCI) Public Finance Consultant 110,000.00$ 110,000.00$ $37,168.72 $37,168.72 Closed Kitahata Company + William Euphrat Municipal
Finance, Inc. (KC&WE)
Public Finance Advisory Consultant 80,000.00$ 80,000.00$ $24,610.50 $24,610.50 Closed Stradling, Yocca, Carlson & Rauth (SYCR) Attorney - Bond Counsel 15,000.00$ 15,000.00$ $15,000.00 $15,000.00 Closed Huffman-Broadway Group (HBG) Environmental Consultant 20,000.00$ 20,000.00$ $19,980.65 $19,980.65 Closed Schaaf & Wheeler (S&W) - Phase 1 Engineering Consultant 887,644.00$ 887,644.00$ $887,430.58 $887,430.58 Closed Schaaf & Wheeler (S&W) - Phase 2 Engineering Consultant 2,324,286.00$ 529,150.00$ 2,853,436.00$ $2,853,649.42 $2,853,649.42 Closed Miscellaneous (MISC)- Keech Properties LLC Levee Mitigation Credits/Expenses 170,000.00$ 170,000.00$ $170,000.00 $170,000.00 Closed Chrisp Striping for Edgewater 16,764.55$ 3,000.00$ 19,764.55$ $15,818.40 $15,818.40 $3,000.00 Closed 74,626,039.41$ 9,389,061.00$ 86,873,199.17$ $54,054,971.33 *Includes former City Attorney fees
**Assumes 3 years ($187,200 each year) Total Contract Authority Cost: 86,652,659.41$ Levee Project - Budget Cost: 86,873,199.17$ Assuming using all contingencies
ONGOING AND FUTURE
CONTRACTS AND EXPENSESMISCC LOSED CONTRACTS
CITY OF FOSTER CITY
CIP 327-657 Levee Improvements Project
Budget and Cost Information
Attachment 2
435
City of Foster City
MEMORANDUM
DATE: March 4, 2022
TO: Mayor and Members of the City Council
VIA: Kevin Miller, Interim City Manager
FROM: Jennifer Nentwig, Director, Tripepi Smith
SUBJECT: LEVEE IMPROVEMENTS PROJECT – COMMUNICATIONS METRICS Tripepi Smith would like to share the attached updated Levee Improvements Project Communications Dashboard Report with the Mayor and Members of the City Council. In the report, you will see that the metrics now reflect our communication efforts through the month of February 2022.
As a reminder, t his report is a summary that our team typically develops at the end of each month. It includes data on website traffic, social media engagement, community forum participation, and the number and rate of project email and hotline contacts. While Tripepi Smith has been involved in project communications since January 2021, we have pulled numbers (where available) going back to October 2020 to provide a baseline for comparison.
I would like to highlight a few items of note:
• In January, the City gained approximately 99 new followers/subscribers across all social platforms (Facebook, Twitter, Instagram, Nextdoor and the Levee E - Newsletter).
• The number of Levee Project inquiries in February 2022 totaled 8, which remains relatively low. This number is higher compared to 4 total inquiries in January 2022, which was the lowest number of inquiries to date.
• The team hosted four project tours for the Foster City Councilmembers in February 2022. Additionally Public Works Director Louis Sun and Senior Civil Engi neer Francine Magno gave a presentation to Hillsdale United Methodist Church. There has been consistent demand for speaking engagements and presentations from the project team, with several engagements already scheduled for March and beyond.
Attachment 3
436
• Top performing posts on Facebook and Twitter for February 2022 included Safety Tip of the Week posts and posts related to the FAQ page on the project website.
• The number of website visitors remains consistent with prior months, totaling 3,017 in February 2022, compared to 3,013 in January 2022.
• A press release noting the increase in activity on Beach Park Boulevard and highlighting the bird nesting restriction window was released in February 2022, earning coverage from local media.
• The team has continued communication with Recreational Water User representatives in February 2022 to touch base regarding future construction activities and access impacts. Public Works Director Louis Sun has been the main point of contact to ensure an open line o f communication, while also coordinating with the rest of the project team to ensure consistency in communications.
• There have been no new signatures since August 2021 and an additional signature was removed from the petition in February 2022.
Our team is actively monitoring the metrics to analyze the effectiveness of various types of communication and to align the cadence of our efforts to the community’s interest levels. We believe that the City’s proactive social media communications are leading to fewer people having questions or concerns about the project in general – reflecting positively on overall outreach and engagement efforts.
During the month of February, social media reach and engagement increased due in part to a post on Nextdoor highlighting a press release and more engagement on posts overall. Throughout March 2022, the construction team will continue work with the project team to provide updated information to the Recreational Water User community.
Any new information will be updated on the project website and social media, which will likely drive traffic to the project’s channels.
As you review the full report, please feel free to let me know if you have any questions. I would be happy to walk you through the report one -on-one if it would be helpful, and we will continue to refine the metrics over time to best meet the project’s needs.
437
1 Levee Project CommunicationsPrepared by: Danielle RodriguezMonthly Dashboard ReportFebruary 2022 FOLLOWERS / SUBSCRIBERSCity FacebookCity TwitterCity Instagram [1]City Nextdoor [2] Levee E-Newsletter Total Audience2020 - November1,804 1,385 - - 8022020 - December1,829 1,392 - - 8022021 - January1,879 1,412 1,35013,5061,0072021 - February1,919 1,425 1,38513,7011,0952021 - March2,059 1,431 1,47913,8311,1082021 - April2,109 1,454 1,51013,9571,1612021 - May2,122 1,457 1,51414,1281,1822021 - June2,135 1,458 1,53114,1861,1922021 - July2,168 1,473 1,54714,2931,1952021 - August2,174 1,484 1,56514,3811,2002021 - September2,400 1,493 1,58714,4931,2022021 - October2,413 1,512 1,61714,5951,2002021 - November2,436 1,525 1,63414,6911,2032021 - December2,445 1,531 1,65314,7291,2072022 - January2,459 1,535 1,67014,7661,2172022 - February [3]2,467 1,543 1,68414,8311,221
LEVEE COMMUNITY FORUMS
COMMUNITY UPDATE WEBINARS# Webinars# Participants
# Questions Answered via Webinar
PROJECT TOURS/ SPEAKING EVENTS [4]# of EventsDescription2020 - November- - - 2022 - January2 1 Project Tour with the City of Corte Madera, 1 Presentation to APWA Silicon Valley [5] 2020 - December- - - 2022 - February5 4 Project Tours with the City of Foster City City Council, 1 Presentation to Hillsdale United Methodist Church [6]2021 - January1 148 202021 - February1 97 452021 - March1 48 202021 - April 1 28 202021 - June 0 0 02021 - July 0 0 02021 - August1 20 202021 - September0 0 02021 - October0 0 02021 - November0 0 02021 - December0 0 02022 - January0 0 02022 - February0 0 0 NUMBER OF LEVEE EMAILS/CALLSProject Email/Hotline Contacts Avg. Email/Hotline Contacts/Day2020 - November15 0.52020 - December25 0.82021 - January69 2.22021 - February53 1.92021 - March46 1.52021 - April 21 0.72021 - May 22 0.72021 - June 16 0.52021 - July 48 1.52021 - August16 0.52021 - September16 0.52021 - October8 0.22021 - November14 0.42021 - December8 0.22022 - January4 0.12022 - February [7]8 0.2 NUMBER OF LEVEE PROJECT POSTS [8]City FacebookCity Twitter [9]City Instagram*City Nextdoor 438
2 2020 - November1 1 0 02020 - December4 4 0 12021 - January8 7 5 22021 - February7 12 7 12021 - March12 21 9 22021 - April 7 20 4 162021 - May 5 8 1 72021 - June 8 13 2 32021 - July 9 17 2 22021 - August9 18 1 12021 - September10 16 0 02021 - October7 9 0 02021 - November10 10 0 12021 - December9 9 0 02022 - January7 9 0 02022 - February8 9 0 1*During the months October - December 2020 the City did not post levee related items on the City's Instagram page. In January 2021, Tripepi Smith made the first levee related post.
LEVEE POST IMPRESSIONS/REACHCity Facebook - Post ReachCity Twitter - ImpressionsCity Instagram - Impressions [10]City NextdoorTOTAL2020 - November259 399 0 0 658 * The increase of the Nextdoor engagement for December is due to the City posting about the closure of Shorebird Park. 2020 - December1,300 1,391 0 2447* 2,691 This drove many angry comments, which increased the post reach.2021 - January61,00615,9492161 1922 81,0382021 - February17,492**3,711 2,192 924 6,827 In January 2021, Tripepi Smith boosted three posts with a total spend of $900 for the month. 2021 - March60,1558,753 3,555 2,28274,745 In February 2021, Tripepi Smiith boosted two posts with a total spend of $433.2021 - April11,8385,543 1,49610,78929,666 In March 2021, Tripepi Smith boosted four posts with a total spend of $1,100.2021 - May1,435 2,786 346 5,146 9,713 In April 2021, Tripepi Smith boosted one post with a total spend of $300.2021 - June2,008 3,377 545 2,648 8,578 In May 2021, Tripepi Smith did not boost levee project related posts.2021 - July8,835 4,643 599 1,71515,792 In June 2021, Tripepi Smith did not boost levee project related posts.2021 - August3,349 4,318 340 967 8,974 In July 2021, Tripepi Smith boosted one post with a total spend of $300 to promote the August 5 community update. This boosted post ran through August 4, so metrics for this dashboard and the next will reflect the boosted post numbers. 2021 - September1,808 2,568 0 0 4,3762021 - October3,796 1,257 0 0 5,0532021 - November3,722 1,809 0 1,554 7,085 In August 2021, Tripepi Smith boosted one post with a total spend of $300 to promote the August 5 community update. The post was boosted in late July 2021 and ran through August 4.2021 - December4,441 1,397 0 0 5,8382022 - January869 1,265 0 0 2,1342022 - February2,701 [11]1,078 0 1,062 4,841 In September 2021, Tripepi Smith did not boost levee project related posts.In October 2021, Tripepi Smith did not boost levee project related posts.In November 2021, Tripepi Smith did not boost levee project related posts.In December 2021, Tripepi Smith did not boost levee project related posts.In January 2022, Tripepi Smith did not boost levee project related posts.
LEVEE POST ENGAGEMENT [12]City Facebook - Post EngagementsCity Twitter - EngagementsCity InstagramCity Nextdoor - Thanks & RepliesTOTAL2020 - November13 7 0 0 202020 - December63 90 0 17 1702021 - January3,776 604 2,101 13 6,4942021 - February1,278 142 2,019 3 3,4422021 - March2,801 183 3,291 1 6,2762021 - April1,192 100 1,333 11 2,6362021 - May 65 67 309 2 4432021 - June 87 60 94 13 2542021 - July 875 161 13 4 1,0532021 - August90 122 13 1 2262021 - September46 37 0 0 832021 - October128 52 0 0 1802021 - November284 66 0 4 3542021 - December108 21 0 0 1292022 - January85 61 0 0 1462022 - February159 [13]27 0 2 188 LEVEE WEBSITE ANALYTICS2020 - November # of Vistors2020 - December # of Vistors2021 - January # of Vistors2021 - February # of Vistors2021 - March # of Vistors2021 - April # of Vistors2021 - May # of Vistors2021 - June # of Vistors2021 - July # of Vistors2021 - August # of Vistors2021 - September # of Vistors2021 - October # of Vistors2021 - November # of Vistors2021 - December # of Vistors2022 - January # of Vistors2022 - February # of Vistors [14]Average Visits Per DayAverage Visit Length (Minutes)fostercity.org [15]2940 3423 4601- - - - - - - - - - - - - - -fostercitylevee.org [16]- - - 4,329 9,145 4,501 4,163 4,942 4,926 3,767 2,790 2,637 2,752 2,110 3,013 3,017 108 1:45 LEVEE PETITIONPetition Signatures2021 - February2,719
439
3 2021 - March2,7192021 - April2,7202021 - May2,7222021 - June2,7222021 - July2,7232021 - August2,7222021 - September2,7222021 - October2,7222021 - November2,7222021 - December2,7222022 - January2,7212022 - February [17]2,721
TOP LEVEE PROJECT SOCIAL MEDIA POSTS
City FacebookThe top Facebook posts during February for the Levee Project shows residents/followers interact the most with safety tips and website reminders.City TwitterThe top Twitter posts in February for the Levee Project shows residents/followersA resident also left a positive Facebook comment on a Safety Tip of the Week post and suggested a safety tip of their own.interact the most with safety tip posts and FAQ-related posts.
City InstagramThe Levee Improvements Project did not post on Instagram in February 2022.
Zencity Insights
Most Popular Topics: Conversation items classified by topic, arranged from highest number of interactions to lowest.Popular Words: The words that appear most frequently across your channels. 440
4 BOOSTED LEVEE PROJECT POSTSTripepi Smith did not boost any levee project-related social media posts in February 2022.
NOTABLE LEVEE PROJECT MEDIA MENTIONSPlatform Group Post URLSan Mateo Daily Journal- Bird nesting causes changes to Foster City levee project operationshttps://www.smdailyjournal.com/news/local/bird-nesting-causes-changes-to-foster-city-levee-project-operations/article_2d9e8854-8575-11ec-9809-fb1f3592608d.htmlPatch - City Of Foster City - Press Releases: Levee Improvements Project To Increase Operations Along Beach Park Boulevard In February https://patch.com/california/fostercity/city-foster-city-press-releases-levee-improvements-project-nodx-20220206FacebookFoster City Together https://www.facebook.com/groups/347395922628639
OTHER NOTABLE LEVEE PROJECT SUPPORT
Social media monitoring Since the beginning of January, Tripepi Smith began monitoring the City's social media sites daily to ensure items relating to the Levee Project are intact and to ensure there is no misinformation being shared. Tripepi Smith has been able to comment back to several followers regarding questions or clarification 441
5 [1] Due to the recent connectivity with Sprout Social, the metrics generator, we were unable to retrieve the followers metrics for previous months. [2] Nextdoor metrics does not archive the previous months members metric. It must be calculated at the first of the month. [3] Follower/subscriber counts continue to rise across all platforms. [4] This is a new section as of January 2022.
[5] The Levee Improvements Project team took the City of Corte Madera's Public Works Director, Planning Manager and Senior Civil Engineer on a tour of the project site.
[6] The Levee Improvements Project team took the Foster City City Council on four separate project tours in February 2022, which is also where Mayor Awasthi filmed an episode of "The Mayoral Minute." Additionally Public Works Director Louis Sun and Senior Civil Engineer Francine Magno gave a presentation to Hillsdale United Methodist Church.
[7] Though the number of February 2022 inquiries increased, the inquiries totaled 8, which remains relatively low. [8] Number of posts is only relating to the Levee Improvements Project. [9] Due to the character limit on Twitter, some Tweets had to be posted in a thread (series of Tweets about one topic). [10] Instagram Impressions: The number of times your content is displayed, no matter if it was clicked or not. [11] Facebook post reach increased in February 2022, largely in part to more residents/followers sharing posts. When a post is "shared" on Facebook, it brings more exposure to the City's post.
[12] Facebook Engagement: Calculated based on the number of likes, comments, shares, and clicks your posts are generating Instagram Engagement: Anytime a user likes, shares or comments on one of your posts.
Twitter Engagement: Total number of times users interacted with a Tweet (clicks anywhere on the Tweet including Retweets, replies, follows, likes, links, cards, hashtags, embedded media, username, profile photo, or Tweet expansion). [13] Facebook post reach increased in February 2022 due to an increase in post reach. When a post has more visibility, it increases the chance of people interacting with the post through likes, comments, shares, etc. [14] Though February 2022 was a short month, the number of page views on the project website totaled 3,017, which is comparable to the 3,013 page views in January 2022.
[15] This data was retrieved from the highest trafficked Levee URLs:
/publicworks/project/levee-improvements-project-cip-301-657 /community/page/levee-trail-close-shorebird-park-san-mateo-bridge-early-january /publicworks/page/levee-improvements-project-what-will-improved-levee-look /publicworks/page/levee-improvements-project-latest-construction-updates 442
6 [15] This data was retrieved from the highest trafficked Levee URLs:
/publicworks/project/levee-improvements-project-cip-301-657 /community/page/levee-trail-close-shorebird-park-san-mateo-bridge-early-january /publicworks/page/levee-improvements-project-what-will-improved-levee-look /publicworks/page/levee-improvements-project-latest-construction-updates [16] The new Foster City Levee Project webpage was created in Feb. 2020. There was no data from Oct. - January. However, data will only populate under this new website from Feb. on.
[17] There have been no new signatures since August 2021 and an additional signature was removed from the petition in January 2022. 443
DATE: March 21, 2022
TO: Mayor and Members of the City Council
VIA: Kevin Miller, Interim City Manager
FROM: Marlene Subhashini, Community Development Director Monica Ly, Associate Planner
SUBJECT: GENERAL PLAN ANNUAL REPORT FOR 2021
RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the General Plan Annual Progress Report (APR) for 2021.
BACKGROUND
California Government Code 65400 requires that after the legislative body (City Council) has adopted all or part of a General Plan, the planning agency (Planning Commission) shall review an annual report on the status of the General Plan progress and its implementation and provide the report to the legislative body. The APR is then forwarded to the California Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) by April 1 of each year. The Government Code also includes specific requirements for information about the status of Housing Element programs and progress in meeting its share of the Regional Housing Need Allocations (RHNA) issued by the Association of Bay Area Governments (ABAG).
On February 17, 2022, Staff presented the General Plan Annual Progress Report for 2021 to the Planning Commission. Overall, the Commission was satisfied with the General Plan Annual Progress Report and voted 5-0 444
recommending City Council acceptance of the General Plan Annual Progress Report for 2021. See Planning Commission Resolution No. P-05-22 (Attachment 1).
ANALYSIS
All cities in California are required to prepare and adopt a General Plan. The General Plan identifies policies and programs addressing the development and redevelopment of land, preservation of parks and open spaces, provision of housing for current and future residents, conservation of natural resources, improvement of the circulation and transportation system, control of noise and protection of life and property from hazards.
The purpose of the APR is to provide local legislative bodies (Planning Commission and City Council) and the public with information regarding the implementation of the General Plan for their city or county. APRs also inform the public of the progress in meeting the community’s goals. APRs must be presented to the local legislative body for its review and acceptance, usually as a consent or discussion item on a regular meeting agenda. The APR should provide enough information for decision makers to assess how the General Plan was implemented during the 12-month reporting period. More specifically, APRs should explain how land use decisions relate to adopted goals, policies, and implementation measures of the General Plan. As discussed above, the APR is due to HCD by April 1 of each year. This year’s APR evaluates the status of the implementation programs and housing production for the time period between January 1, 2021 and December 31, 2021.
The attached Table (see Attachment 2) comprises the General Plan Annual Report and provides a brief summary of the status of the General Plan and the implementation programs contained in each General Plan Element. The status of the Housing Element implementation is contained on a separate form provided by HCD (see Attachment 1).
Highlights of accomplishments in implementation of General Plan programs in 2021 are included below with the corresponding references to the General Plan Element Implementation Program:
Housing Programs – In 2021, the City launched a number of housing programs to minimize impacts of the expiration of the affordability 445
covenant to the residents of Foster’s Landing. (H-C-5-b City Rental Assistance Program), (H-D-8-b Local, State and Federal Funding for Affordable Housing) and (H-E-5-b New Agreements for Affordability of Existing Rental Units).
oPost BMR Expiration Rent Agreement – In 2020, the City worked with Essex Properties on an agreement to set aside approximately $800,000 in rental assistance for the tenants at Foster's Landing to extend the affordability of the units for another year and prevent homelessness. This was made possible by a 50/50 split between Essex and the City, to cover the difference between the tenant paid rent and market rate rent for the below market rate tenants at Foster's Landing affected by the expiration of the affordable housing covenants. City Council approved the Post BMR Expiration Rent Agreement on September 18, 2020 and in 2021, the City in partnership with Essex Properties, provided approximately $454,626.94 in rental subsidies. (H-C-5-b City Rental Assistance Program).
oLocal, State and Federal Funding for Affordable Housing - On January 14, 2021, the City submitted an application for the San Mateo County Grant of Permanent Local Housing Allocation (PLHA) Funds. The $643,636 grant will be used to assist low- income tenants facing displacement find housing based on their specific needs and financial circumstances. The City was awarded the grant and intends to use the grant to provide the BMR residents of Foster’s Landing with relocation and case management services and rental assistance. On September 1, 2021, the City and the County of San Mateo Department of Housing executed an Agreement to provide funds for the City's Emergency Relocation Assistance and Rent Subsidies Program.
The City plans to implement the program for the years 2022 - 2024.
oH-E-2 Private Development of Affordable Housing –
Inclusionary Requirement - On July 15, 2021, the Planning Commission held a Study Session on an Inclusionary Housing Ordinance (RZ2021-0004 & GP2021-0002). On October 21,
2021, the Planning Commission conducted a Study Session to continue the discussion on an Inclusionary Housing Ordinance (RZ2021-0004 & GP2021-0002).
oAB-1029 Housing elements: prohousing local policies - In 2021, the City’s legislative advocacy consultant RPPG worked on behalf of the City with Assemblymember Mullin in authoring AB- 446
1029 Housing elements: prohousing local policies. This bill would add the preservation of affordable housing units through the extension of existing project-based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units to the list of specified prohousing local policies.
Community Outreach – In 2021, the City launched a number of community outreach initiatives. (H-A-3-a Community Outreach). oHome is Foster City Initiative – In FY 2019-2020, the City launched the “Home is Foster City” initiative that began with the intent of hosting conversations on who we are as a community, to better learn together, and understand various factors as they relate to housing. Due to the public health orders, the initiative paused but resumed virtually and in person in 2021. The Home is Foster City initiative included the following events in 2021:
On September 28, 2021, the City held a virtual community workshop on the Housing Element Update for the 2023-
2031 planning period.
On September 30, 2021, the City held an in-person
community workshop on the Housing Element Update for
the 2023-2031 planning period.
Land Use & Circulation – In 2021, the City launched a number of initiatives to address land use & circulation.
oCity-Owned and Controlled Lands – In 2021, the City Council held Study Sessions to discuss long range planning, land uses and certain land use opportunity sites such as the Golf Course Site. (LUC-C-8-a).
oBicycle and Pedestrian Advisory Consultation – On February 9, 2021, the City Council approved the installation of a temporary Class II Bikeway along Edgewater Boulevard between Beach Park Blvd. and Baffin Street to provide an alternative route for cyclists while the Levee Improvement Project is under
construction. The temporary Class II Bikeway was installed in March 2021 and will be considered for permanent installment at the completion of the Levee Project. (LUC-E-2-c).
oSystem Monitoring – On October 18, 2021, the City Council awarded a contract to Mike Brown Electric Co. For the
construction of the permanent implementation of the TRPP (Dynamic Signage for Traffic Relief Pilot Program -CIP 301-694).
Construction began in January 2022 and is expected to be completed by the end of April 2022. (LUC-F-1-a).
447
Wastewater Systems Improvement – Foster City is working with the City of San Mateo to construct improvements at the jointly owned wastewater treatment plant. Startup and commissioning of new treatment facilities is targeted to be completed by summer 2023, followed by retrofit of existing facilities and commissioning of the integrated WWTP by mid-year in 2024. (LUC-L-13-a).
Special Events – In 2021, in honor of the City’s 50th Anniversary, the Parks and Recreation Department hosted a variety of events to commemorate the milestone. Events included new programs such as car and boat parade as well as the re-introduction of past favorites such as Sandcastle Contest and Rubber Ducky Races. (PC-y).
Lagoon Water Quality - In 2021, additional water quality testing was conducted due to the geese creating high bacteria levels. (C-f). Lagoons and Waterways: Recreational Opportunities – The City continues to prioritize lagoon safety messaging through a targeted “Be Aware and Share” public education campaign to promote awareness of all recreational lagoon users – swimmers and boaters. (PC-gg). Existing Pedway Enhancement – Construction of the Levee Protection Planning and Improvements Project (CIP 327-657) is ongoing. The completed 6.5-mile pathway will range from 14 to 18 feet in width and will include separate pedestrian and bicycle lanes in each direction. New signage, trash and recycling containers, observation points benches, picnic tables, interpretive signage, and bicycle fix-it stations will be installed along the completed pathway. (PC-h). Local Hazard Mitigation Plan (LHMP) Update. The City Council adopted an updated LHMP on December 13, 2021. The information in the LHMP will provide a basis for updates to the Safety Element due in January 2023.
Levee Protection Planning and Improvements. In July 2020, the City awarded a contract for construction to Shimmick Construction.
Construction is ongoing and is anticipated to be complete in January 2024. The Levee Project is designed to be resilient to Sea Level Rise for the years 2050-2080. (S-A-2-a)
Water Supply - On July 19, 2021, the EMID Board of Directors adopted the 2020 Urban Water Management Plan and the 2020 Water Shortage Contingency Plan. (S-A-3-b).
Emergency Response – The Fire Department continues to maintain the City’s Emergency Operations Plan. Foster City staff participated in the Multiagency Emergency Operations Center activation drill for the Statewide Golden Eagle exercise in October 2021. (S-B-1-a). 448
Fire Education/Prevention – In 2021, the “Get Ready!” program provided three fire and other emergency preparedness classes (on Zoom), along with two of these additional classes offered in Spanish, called “Prepárese.” A full range of handouts and pamphlets (in multiple languages) are shared with the Get Ready and Prepárese attendees, as well as being available on a website. (S-D-3-a).
Emergency Preparedness Education and Outreach – In
2021, Presentations were made to 7 different organizations and groups.
This included businesses, community organizations, residents, and schools. Additionally, Fire was able to hold annual Open House, under COVID-19 protocols, where over 600 residents attended to learn about preparedness, fire safety, and City resources. (S-D-1-b). Crime Prevention/Education – In 2021, the Police Department continued to provide a variety of crime prevention programs to educate and involve the community. (S-D-4-a).
oCommunity Connect Program - Ten virtual neighborhood
meetings were hosted by the Police Department with registered members of the Community Connect Program, which is designed to develop positive and productive relationships between the community and police. The Department also welcomed a new “recruit” to its family – Drake, the Service Dog. Drake’s duties include comforting and calming people in need, greeting citizens, and strengthening bonds, relationships, and trust.
oSocial Media - In 2021, social media was used to provide crime alerts, crime prevention tips, traffic information and safety tips to the FC community. Residential and Commercial Crime Prevention Through Environmental Design (CPTED) surveys were
conducted.
oCoffee with a Cop forums were held on August 26, 2021 and on October 6, 2021.
oNational Night Out was celebrated August 3, 2021 to build relationships with the Foster City community.
oOpen House was held on October 2, 2021.
Sustainability – In 2021 the City hired consultants to perform a Climate Action Plan (CAP) Assessment to evaluate the effectiveness of the climate action compared to the technical performance targets outlined in the 2016 Climate Action Plan and perform an assessment to evaluate the effectiveness of the current organizational strategy for climate action implementation in a comprehensive manner. (LUC-H-2-a & C-bb). 449
Source Reduction and Recycling Element – In 2021, the City has taken numerous actions to implement source reduction and recycling in accordance with State regulations. The City meets current state established targets for waste reduction and diversion. (C-t). oIn 2019 and 2021, the Municipal Code Chapter 15.44 Recycling and Salvaging of Construction and Demolition Debris was updated to align with Green Building Code.
oIn 2021, the Municipal Code section 8.07 Storage and Disposal of Solid Wastes and Recyclable Materials was updated to conform to requirements of SB 1383 regulations related to proper diversion of organic waste materials and entered into agreement with the SBWMA to conduct recordkeeping and outreach related to SB 1383 organics recycling requirements.
oIn 2021, entered into agreement with the County of San Mateo for implementation of SB 1383 Compliant Edible Food Recovery Program.
Parks Facilities Plan and Improve Facilities - In 2019, a Parks System Master Plan was started which is currently being conducted by Staff to identify long-term maintenance and improvement of the 24 parks in the Foster City System. Additional funds for CIP 301-682 Park System Master Plan Study were budgeted in Fiscal Year 2021-2022 for services and supplies required to develop and implement the plan. (LUC-L-5-a & PC-d)
Housing Unit Production - The City issued building permits for 42 townhome style units at Pilgrim Triton Phase C and for three (3) ADUs (Accessory Dwelling Units) in 2021. The City issued building permits for 885 units in the first seven years of the 2015-2023 RHNA. This was determined sufficient by HCD to have met the prorated Regional Housing Needs Assessment (RHNA) for the Reporting Period, thereby avoiding being subject to reduced discretion for certain types of housing proposals. (H-A-1-a Annual Tracking of Housing Activity & H-A-1-b Construction of New Units).
Regional Housing Needs Allocation Progress
Legislation, such as Senate Bill 35 (SB 35), Assembly Bill 73 (AB 73), and Senate Bill 570 (SB 570) adopted in 2017, has provided penalties and incentives related to making progress toward meeting RHNA for the 2015- 2023 Planning Period. HCD released a report on July 18, 2021, the SB 35 Statewide Determination Summary, showing that Foster City was one of 29 jurisdictions in the state that have met their prorated RHNA numbers for the 450
latest reporting period and based on the latest submitted APR (2020).
The SB 35 Summary report also states that all other cities and counties are not on track to meet their housing needs. Those jurisdictions will now lose the ability to reject certain types of development projects under SB 35. Cities and counties are subject to SB 35 streamlining when they fall behind on submitting annual progress reports and/or in meeting less than the prorated portion of their RHNA. A total of 285 jurisdictions are subject to the streamlined ministerial approval process for proposed developments with at least 10% affordability and another 225 jurisdictions are subject to this process when proposed developments have at least 50% affordability. The progress is prorated and recalculated each year until the mid-point of the Housing Element Reporting Period, and then recalculated again at the end of the Period. The first half of the Reporting Period for SB 35 for ABAG ended with the 2018 report. The review process will start again with the next Housing Element Cycle that will cover 2023-2031.
A summary of housing permits issued showing progress toward meeting the RHNA is shown below. See attached Table A2 for more detailed information.
RHNA Progress for 2015-2023 Planning Period Permits Issued by Affordability
Housing Element Program Implementation
The Housing Element includes several programs to ensure that adequate housing sites would be available during the 2015-2023 planning period to make it possible to produce the number and type of housing units in the RHNA. Please refer to Attachment 2 for Housing Element - Program Implementation Status. These programs were part of the package that was the basis for certification of the Housing Element by HCD. One of the key 451
programs is the application of an Affordable Housing Overlay (AHO) Combining District (H-D-2-b Affordable Housing Overlay Combining District, H-D-2-c Rezoning with Affordable Housing Overlay District, H-D-2-d Design Criteria for Affordable Housing Overlay District) on several existing apartment developments. This would enable sites currently zoned and used for apartments to choose an alternative inclusionary (below market rate) requirement to provide units at lower income levels in exchange for a reduced overall inclusionary percentage. On March 7, 2022, the City Council introduced and adopted an Ordinance of the City of Foster City adding a new Chapter 17.92 Affordable Housing Overlay Combining District, to Title 17, Zoning, of the Foster City Municipal Code (H-D-2-b) and an Ordinance amending the Foster City Zoning Map to rezoning certain properties as AHO sites (H-D-2-c).
The Housing Element requires cities to update their Housing Element to be consistent with State requirements (H-A-1c Future Housing Element Updates). In 2021, the City Council and Planning Commission held multiple joint special meetings on Housing and Housing Element 2023-2031 (GP2020- 0002). Additionally, throughout 2021, City staff worked with consultants on Housing Element 2023-2031 including community engagement efforts, conducting a housing needs analysis, evaluating the current Housing Element, conducting a sites inventory analysis, and developing draft policies and programs. Staff will continue to work on Housing Element 2023-2031 throughout 2022 for adoption by January 2023.
FISCAL IMPACT
There will be no fiscal impacts associated with accepting this report.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
The General Plan Annual Progress Report (APR) allows us to track our progress towards our long-term vision and goals, as illustred in the City's General Plan and is in alignment with the City Council Smart Planning, Development, and the Local Economy priority area.
Attachments:
Attachment 1 - Planning Commission Resolution & Tables A, A2, B, D, & H
452
Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2021
453
Attachment 1
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GENERAL PLAN ANNUAL REPORT – 2021
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT CHAPTER 3: LAND USE AND CIRCULATION ELEMENT-ADOPTED FEBRUARY 1, 2016 LUC-A-3-a
Continue Code Enforcement Program. The City will continue its code enforcement program to ensure that residential, commercial and industrial properties are maintained. This responsibility will include, but not be limited to, periodic spot checks of property throughout the City and follow-up investigation of property maintenance complaints.
Property maintenance standards shall be enforced, including weed abatement, painting/staining of buildings, trash and debris removal from yards, and planting and maintenance of landscaping.
Responsibility: Community Development Department.
Timeframe: Current and ongoing.
The City initiated the Foster City Access
“See-Click-Fix” program in 2016 to more
efficiently handle complaints and
enforcement. Code enforcement of
property maintenance standards is an
ongoing responsibility of the Community
Development Department.
In 2021, See-Click-Fix handled 821
cases.
Promotion of See-Click-Fix and other
communications were expanded
through:
● Expanded City’s presence on
various social media platforms,
such as NextDoor, Facebook,
Twitter, Instagram, and Youtube
● Monthly e-newsletters with
updates on City events, activities
and projects as well as local
business community news to
approximately 9,000 subscribers
CDD
LUC-B-3-a
Periodic Review of Architectural Review Guidelines and
Procedures. The City will review its architectural review guidelines and procedures which direct the public and decision-makers.
Responsibility: Planning and Code Enforcement Division and Planning Commission.
Timeframe: Current and Ongoing
Ongoing CDD
Attachment 2
470
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT LUC-C-8-a
City-Owned and Controlled Lands. The City will study and adopt a policy resolution guiding the use of City-owned or controlled lands.
Such land will be retained by the City until a plan for its beneficial use can be prepared.
Responsibility: City Manager’s Department, Planning and Code Enforcement Division and City Council.
Timeframe: Upon completion of the Land Use and Circulation Element Update.
A Surplus Land Policy was adopted in
early 2017.
In 2021, the City Council held Study
Sessions to discuss long range planning,
land uses and certain land use
opportunity sites such as the Golf
Course Site.
CDD-CM
LUC-C-12-a
Periodic Monitoring of Land Uses Throughout the City. Periodically monitor land uses throughout the City to determine when changes in land use may be appropriate, actual land use practices, economic practicality of maintaining current land uses and level of property maintenance. Specific future actions might include:
a. Revitalization of older neighborhood retail centers. b. Changes in land use designations and zoning where necessary to respond to changes in economic conditions and/or City needs. c. Meeting with property owners to discuss possible redevelopment opportunities and constraints, especially in the Chess Drive/Hatch Drive area and along the northeast side of Foster City Boulevard.
Responsibility: Planning and Code Enforcement Division and Planning Commission.
Timeframe: Current and ongoing.
On January 19, 2021, the City Council
reviewed a Preliminary Review
application for a new stand-alone
restaurant/retail pavilion (including three
new tenant spaces), proposed to be
located in an underutilized area of a
parking lot at Century Plaza (PR2020-
0004).
On May 6, 2021, the Planning
Commission held a Study Session on an
application for a new stand-alone
restaurant/retail pavilion (including three
new tenant spaces), proposed to be
located in an underutilized area of a
parking lot at Century Plaza (UP2021-
0015).
On July 19, 2021, the City Council
approved an 83,187 Square-Foot,
Seven-Story Hotel with 151 Guest
Rooms and Associated Site
Improvements at the Vacant Lot Located
at the Southwest Corner of Metro Center
CDD-CM
471
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Boulevard and Shell Boulevard (RZ2019-
0002).
On July 19, 2021, the City Council
conducted a Preliminary Review of a
Proposal to Allow Research &
Development Use on floors Four (4)
through Eight (8) at Parkside Towers
Office Development (PR2020-0007).
On November 1, 2021, the City Council
conducted a Preliminary Review of a
Proposal to Allow Research &
Development Use at Century Plaza
Office Building (PR2021-0002).
On January 19, 2021, the City Council
has reviewed a Preliminary Review
application to redevelop the vacant El
Torito restaurant into a new Class A life
sciences office building at 388 Vintage
Park Drive (PR2020-0005).
On November 4, 2021, the Planning
Commission held a Study Session on an
application to redevelop the vacant El
Torito restaurant into a new Class A life
sciences office building at 388 Vintage
Park Drive (UP2021-0023 & UP2021-
0024).
The City provided a Grant to the
owners of Beach Park Plaza of up to
$300,000 as a part of the
Commercial Façade Program, which
aims to assist neighborhood
472
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT shopping center owners in upgrading
the appearance and condition of the
centers to help foster a positive retail
environment and stimulate economic
development. The Beach Park Plaza
façade improvement was completed
in February 2021.
The City supported local businesses
during the COVID-19 Pandemic
through economic assistance grants,
fund support local initiatives, and
temporarily suspended Code
Enforcement actions and permitting
to allow for outdoor dining and
services.
LUC-C-13-a
Review Chapter 17.68. Review and amend as necessary the provisions of Chapter 17.68, General Performance Standards, of Title 17, Zoning, of the Foster City Municipal Code.
Responsible Parties: Community Development Department Staff; Planning Commission; City Council
Time Frame: Immediately after adoption of amended Land Use and Circulation Element
No changes in 2021. CDD
LUC-D-7-a
Amend Chess Drive/Hatch Drive Use Lists. Review, amend or replace the M-1 (Light Industrial) District of Title 17, Zoning, of the Foster City Municipal Code, as it applies to APNs 094-010-100, -500, - 510 to the Chess Drive/Hatch Drive Commercial – Industrial Area in order to allow a broader array of businesses/land uses than is currently allowed.
The use list for these parcels were
approved as part of the Chess-Hatch
Offices Use Permit on April 17, 2014.
CDD
473
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Responsible Parties: Community Development Department Staff; Planning Commission; City Council
Time Frame: Immediately after adoption of amended Land Use and Circulation Element
LUC-D-10-a
Amendment of M-1 (Light Industrial) Zoning. Based on the study of existing and anticipated uses in the M-1 (Light Industrial) Zoning District, the City will amend the District to allow some commercial, office, and retail uses in addition to light industrial uses. Standards for ensuring compatibility of uses will be adopted by the City at the same time.
Responsibility: Planning and Code Enforcement Division, Planning Commission and City Council.
Timeframe: Begin amendment process after adoption of the Land Use and Circulation Element.
No changes in 2021. CDD
LUC-E-2-a
Plan Consultation and Consistency. Maintenance, planning, and design of projects affecting the transportation system shall be consistent with local bicycle, pedestrian, transit, multimodal, and other relevant plans, except that where such consistency cannot be achieved without negative consequences, consistency shall not be required if the head of the relevant department provides written approval explaining the basis of such deviation.
Responsibility: Community Development Department and Public Works Department
Timeframe: Current and Ongoing
Ongoing. All City projects proposed in
the Capital Improvement Program each
Fiscal Year are developed consistent
with the General Plan and also reviewed
by the Planning Commission for
consistency.
PW
CDD
LUC-E-2-b
Street Network/Connectivity. As feasible, Foster City shall incorporate Complete Streets infrastructure into existing streets to improve the safety and convenience of users and to create employment, with the particular goal of creating a connected network of Ongoing. All City and development
projects incorporate, where feasible,
Complete Streets infrastructure.
PW
CDD
474
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT facilities accommodating each category of users, and increasing connectivity across jurisdictional boundaries and for existing and anticipated future areas of travel origination or destination.
Responsibility: Community Development Department and Public Works Department
Timeframe: Current and Ongoing
Council approved installation of sharrows
on Class III bike routes to be installed as
streets have pavement rehabilitation.
LUC-E-2-c
Bicycle and Pedestrian Advisory Consultation. Transportation projects shall be reviewed by the Traffic Review Committee early in the planning and design stage, to provide comments and recommendations regarding Complete Streets features to be incorporated into the project.
Responsibility: Community Development Department and Public Works Department
Timeframe: Current and Ongoing
Ongoing. Traffic related items (traffic
improvement requests, relevant CIP
projects, etc.) were taken to the Traffic
Review Committee for recommendation
to the City Council prior to approval.
On February 9, 2021, the City Council
approved the installation of a temporary
Class II Bikeway along Edgewater
Boulevard between Beach Park Blvd.
and Baffin Street to provide another
alternative route for cyclists while the
Levee Improvement Project is under
construction. The temporary Class II
Bikeway was installed in March 2021
and will be considered for permanent
installment at the completion of the
Levee Project.
PW
CDD
LUC-E-2-d
Evaluation. All relevant agencies or departments shall perform evaluations of how well the streets and transportation network of Foster City are serving each category of users by collecting baseline data and collecting follow-up data on a regular basis.
The Metropolitan Transportation
Commission’s Pavement Management
Technical Assistance Program (P-TAP)
provides the City with various resources
to understand its pavement condition.
Through P-TAP, pavement consultants
are hired to inspect City streets and
PW
CDD
475
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Responsibility: Community Development Department and Public Works Department
Timeframe: Current and Ongoing
update the PMP database every two to
three years. The program helps
determine the most cost-effective
treatment to extend the life of the
roadways.
LUC-E-2-e
Leadership Approval for Exemptions. Projects that seek Complete Streets exemptions must provide written finding of why
accommodations for all modes that were not included in the project and signed off by the Public Works Director or equivalent high level staff person. Projects that are granted exceptions must be made publically available for review. Federal guidance on exceptions can be found from the Federal Highway Administration (FHWA) Accommodating Bicycle and Pedestrian Travel
Responsibility: Community Development Department and Public Works Department
Timeframe: Current and Ongoing
No requests for exemption from
Complete Streets requirements were
received in 2021.
PW
CDD
LUC-E-7-a
Transit System Infrastructure. The City will work with transit providers to facilitate the maintenance and upgrade of the transit system infrastructure to enhance public use, including:
a. Transit stops and bus lanes that are safe, convenient, clean and efficient;
b. Accessible transit stops that have clearly marked street-level designation;
c. Transit stops that are safe, sheltered, clean, and well lit; d. Transit stops that are located along corridors within mixed-use or transit-oriented development areas.
No changes in 2021. Review of transit
system infrastructure is done
concurrently with development review.
PW
CDD
476
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT
Responsibility: Community Development Department and Public Works Department
Timeframe: Current and Ongoing
LUC-E-7-b
Public Transit Information. The City will provide information regarding public transit at City Hall, the Recreation Center, the City’s web site, and other locations to promote the use of public transit.
Responsibility: City Manager’s Office
Timeframe: Current and Ongoing
Public transit information is provided at
City buildings and on the City’s website.
CDD
LUC-E-7-b
Designation of New Bus Routes. The City will work with transit providers to designate new bus routes, provide curbside space for bus stops, and require major commercial/industrial developments along bus routes to accommodate buses in their circulation plans.
Bus turnouts or shelters will also be required to be provided by the development.
Responsibility: City Manager’s Office, Community Development Department and Public Works Department.
Timeframe: Current and ongoing.
As part of Reimagine SamTrans, a
planning and outreach project to
redesign the entire SamTrans bus
system, Route FCX (the Foster City
Commuter Express) will have service
increases to every 30 minutes.
Additionally, new Sunday services will be
added on Route 251.
PW
CM
CDD
LUC-E-8-a
Bicycle and Pedestrian Access. Make it a condition of approval that new, large-scale developments address transit, biking and walking access to the site.
Responsibility: Community Development Department
Ongoing as a part of development
review.
CDD
477
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Timeframe: Current and Ongoing
LUC-E-8-b
Development Standards for Bicycles. The City will establish standards for new development and redevelopment projects to support bicycle use, including:
a. Develop standards for safe pedestrian and bicyclist
accommodations, including:
i. “Complete Streets” policies that foster equal access by all users in the roadway design;
ii. Bicycle and pedestrian access internally and in connection to other areas through easements;
iii. Safe access to public transportation and other non-motorized uses through construction of dedicated paths;
iv. Safe road crossings at major intersections.
Responsibility: Community Development Department, Public Works Department and Police Department
Timeframe: Upon completion of the Land Use and Circulation Element Update
Development of standards are included
in the Bicycle, Pedestrian and
Intersection Evaluation Study prepared
in 2017 and adopted by the City Council
on February 5, 2018.
Council approved installation of sharrows
on Class III bike routes to be installed as
streets have pavement rehabilitation.
PW
CDD
PD
LUC-E-9-a
Pedestrian and Bicycle Safety. Provide safe and convenient access for pedestrians and bicyclists to, across, and along major roadways. The City shall conduct a study of all intersections in the City from a comprehensive perspective which would consider the needs of pedestrians, bicyclists and motorists. The study will include an examination of potential options to address not only current conditions but also conditions anticipated by future development, including enforcement of traffic laws applicable to pedestrians and bicycles. The City will also prepare a study that reviews highly used intersections by pedestrians that are going to Foster City schools and recreational amenities such as the levee and parks and identify ways to increase pedestrian safety at those intersections.
Development of a Master Plan for
Bicycle, Pedestrian and Intersections
was prepared in 2017 and adopted by
the City Council on February 5, 2018.
Council approved installation of sharrows
on Class III bike routes to be installed as
streets have pavement rehabilitation.
The City continues to implement
improvements as recommended from the
Study.
PW
CDD
PD
478
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT
Responsibility: Community Development Department, Public Works Department and Police Department
Timeframe: As appropriate with project design review
As part of the Levee Improvements
Project, a temporary Class II Bikeway
along Beach Park Blvd between Teal
Street and Foster City Boulevard was
installed to provide an alternative route
for cyclists while the Levee
Improvements Project is under
construction.
LUC-E-9-b
Bicycle Route and Pedestrian Path Improvement Program. The City shall conduct a study with the following goals: 1) identify bike routes that may need enhancements that would increase cyclist safety going to schools, parks, shopping center or civic areas; and 2) identify major thoroughfares and any enhancements to those roadways that would allow cyclists to get to the levee and other common destinations safely. The purpose of the bicycle route system is to connect major work, shopping, school, civic, and recreational destinations throughout the City, while avoiding as many of the most heavily used street segments as possible.
Responsibility: Community Development Department, Public Works Department, Parks and Recreation Department, Parks and Recreation Committee, Planning Commission and City Council.
Timeframe: Current and ongoing.
Development of a Master Plan for
Bicycle, Pedestrian, and Intersection
improvements was prepared in 2017 and
adopted by the City Council on February
5, 2018.
Council approved installation of sharrows
on Class III bike routes to be installed as
streets have pavement rehabilitation.
The City continues to implement
improvements as recommended from the
Study.
PW
CDD
PR
LUC-F-1-a
System Monitoring. The City will monitor traffic and congestion to determine when and where the City needs new transportation or circulation facilities in order to increase access and efficiency.
Responsibility: Public Works Department
Timeframe: Current and Ongoing
Ongoing.
On October 18, 2021, the City Council
awarded a contract to Mike Brown
Electric Co. For the construction of the
permanent implementation of the TRPP
(Dynamic Signage for Traffic Relief Pilot
Program -CIP 301-694). Construction is
scheduled to begin in January 2022 and
is expected to be completed by the end
of April 2022.
PW
479
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT LUC-F-1-b
Signal Synchronization. The City will review signal timing programs to enhance traffic flow and efficiency and determine where emissions reduction benefits can be demonstrated, including maintenance of the synchronization system, and will coordinate with adjoining jurisdictions as needed to optimize transit operation while maintaining a free flow of traffic.
Responsibility: Public Works Department
Timeframe: Current and Ongoing
Ongoing. PW
LUC-F-1-c
Periodically Monitor Traffic Conditions. The City will periodically monitor traffic conditions on arterial and selected collector streets to determine levels of service and safety conditions. Traffic counts will be updated and visual monitoring performed regularly at all major street intersections to determine levels of service, safety conditions, and if additional traffic control measures are warranted or if changes in the sequence of traffic signal cycles are necessary.
Responsibility: Public Works Department.
Timeframe: Current and ongoing.
Ongoing.
PW
LUC-F-1-d
Traffic Calming. Develop guidelines for traffic calming techniques, as needed.
Responsibility: Community Development Department and Public Works Department
Timeframe: Upon completion of the Land Use and Circulation Element Update.
Speed survey was updated in December
2016 and the next Speed survey is due
December 2023.
The City has been working in conjunction
with the San Mateo County
Transportation Authority (SMCTA),
City/County Association of Governments
(C/CAG), Caltrans, and the City of San
Mateo on the US 101/SR 92 Interchange
Area Improvement Project (Short-Term
project) and the US-101/SR-92 Direct
Connector (Long-Term project).
PW
CDD
480
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Council approved installation of sharrows
on Class III bike routes to be installed as
streets have pavement rehabilitation.
Development of a Master Plan for
Bicycle, Pedestrian, and Intersection
improvements was prepared in 2017 and
adopted by the City Council on February
5, 2018.
The City continues to implement
improvements as recommended from the
Study.
LUC-F-2-a
Implementation of Traffic Reduction Programs.
As appropriate, require new non-residential developments to include a traffic reduction strategy with a variety of methods to reduce single- occupancy vehicles, provided programs exist.
Responsibility: City Manager’s Department and Planning and Code Enforcement Division.
Timeframe: Monitor compliance annually.
Transportation Demand Management
programs are required in all new non-
residential developments.
CDD
LUC-F-3-a
Employer Shuttle Fair-Share. Include as a condition of approval that employers shall fund, at a level commensurate with the transit demand, new or expanded employee shuttle services to transit hubs on the Peninsula and, if applicable, in the East Bay.
Responsibility: Community Development Department
Timeframe: Upon adoption of the Land Use and Circulation Element Ongoing as part of development review. CDD
LUC-F-3-b
Vintage Park Transit Service. As areas are redeveloped, the City shall encourage transit providers to re-route bus lines or designate a new bus line to serve employees of this development, as appropriate.
Gilead Sciences has instituted a robust
Transportation Demand Management
program, including the launch of the
CDD
481
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT The City has provided some existing curbside areas for bus stops, and new ones shall be provided by the developer as needed. The City shall consult with SamTrans and AC Transit to determine the optimum routes for a new bus line(s).
Responsibility: Community Development Department and Public Works Department.
Timeframe: Prior to completion of Vintage Park.
Gilead Commuter Bus Program on
December 1, 2016. Gilead is permitted to
generate up to 2,110 new AM peak hour
trips and up to 2,230 new PM peak hour
trips. In the TDM Annual Report
Submittal for 2019, the Gilead Commuter
Program and other TDM measures have
resulted in up to 1,013 new AM peak
hour trips and 822 new PM peak hour
trips, well below the maximum that would
be allowed. Approximately 1,100
employees current participate in the
commuter program.
LUC-G-1-a
Parking Requirements. Re-evaluate parking requirements in the Zoning Ordinance to ensure that they are adequate but not excessive, in order to ensure that they do not unnecessarily increase the cost of developments or promote a surplus of parking.
Responsibility: Planning and Code Enforcement Division
Timeframe: Upon completion of the Land Use and Circulation Element Update.
In 2020, City staff reviewed an
application for text amendments to the
Municipal Code to allow for greater
flexibility in parking requirements in the
City’s Planned Development combining
district.
On January 4, 2021, an amendment to
Section 17.36.060, Off-Street Parking
Requirements in a PD District, of Title
17, Zoning, of the Foster City Municipal
Code was adopted by the City Council.
CDD
LUC-G-2-a
Low Emission Vehicles. The City will support and promote the use of low-emission vehicles, by:
a. Encouraging the necessary infrastructure to encourage the use of low-emission vehicles (LEV) and clean alternative fuels, such as development of electric vehicle charging facilities and conveniently located alternative fueling stations;
In December 2019, City Council
approved the establishment of a
Residential Electric Vehicle (EV)
Charging Station Rebate and Incentive
Program.
CDD
CM
PW
PARKS
482
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT b. Encouraging new construction to include vehicle access to properly wired outdoor receptacles to accommodate LEV and/or plug in electric hybrids (PHEV);
c. Encouraging transportation fleet standards to achieve the lowest emissions possible.
Responsibility: City Manager’s Office, Community Development Department, Public Works Department, Parks and Recreation Department and other fleet operators
Timeframe: As appropriate with new or modified development.
Private EV charging initiatives have been
included as eligible projects for
Community Benefit funding.
In 2021 21 permits were issued for EV
charging stations – all in private homes.
LUC-H-1-a
Green Building Guidelines and Incentives. The City will support the use of green building practices by:
a. Providing information, marketing, training, and technical assistance about green building practices;
b. Considering guidelines for green building practices in residential and commercial development; and
c. Implementing sustainable practices where feasible in public buildings and spaces.
Responsibility: Community Development Department
Timeframe: Upon completion of the Land Use and Circulation Element Update
In 2015 the City has required LEED
Silver or equivalent standards for
individual projects, including Gilead
Sciences, Pilgrim Triton Master Plan and
Chess/Hatch Offices.
On November 18, 2019 the City Council
adopted the 2019 California Green
Building Standards Code.
On November 18, 2019 the City Council
adopted Appendix M (alternate water
service sizing) of the 2019 California
Plumbing Code.
The City of Foster City continues to offer
residents who install solar photovoltaic
technology (solar PV) a $1,000 rebate on
qualifying systems.
The Green Infrastructure (GI) Plan was
adopted by the City Council on August
PW
CDD
483
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT 19, 2019. In addition, CIP projects are
reviewed annually for GI potential.
In 2021, Municipal Code Chapter 15.44
Recycle and Salvaging of Construction
and Demolition Debris was updated to
address the status of deposits for
permits that expire or are withdrawn.
LUC-H-2-a
Climate Action Plan. The City will prepare, adopt and implement a comprehensive Climate Action Plan (CAP) to achieve its fair share of statewide emissions reductions for the 2020 timeframe consistent with AB32. The CAP will specify the strategies, measures and actions to be taken for each inventory sector (transportation, electricity, solid waste, etc.) to achieve the overall emission reduction target, and include an adaptive management process that can incorporate new technology and respond when goals are not being met.
Responsibility: City Manager’s Office and Community Development Department
Timeframe: Upon completion of the Land Use and Circulation Element Update
In 2020, City Council approved an
agreement with a consultant to update
the City’s Climate Action Plan.
Pivoting from 2020, in 2021 the City
hired new consultants to perform a
Climate Action Plan (CAP) Assessment
to evaluate the effectiveness of the
climate action compared to the technical
performance targets outlined in the 2016
Climate Action Plan and perform an
assessment to evaluate the
effectiveness of the current
organizational strategy for climate action
implementation in a comprehensive
manner.
CDD
CM
LUC-H-2-b
Vehicle Idling. The City will enforce State idling laws for commercial vehicles, including delivery and construction vehicles.
Responsibility: Police Department
Timeframe: Current and Ongoing
Ongoing POL
LUC-H-5-a
Tree and Landscape Program. Include requirements for tree and landscape planting in all new developments and redevelopment in design review and landscape guidelines.
Ongoing during development review. CDD
484
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Responsibility: Community Development Department
Timeframe: Upon completion of the Land Use and Circulation Element Update
LUC-I-1-a
Enhance existing retail centers & opportunities. Promote retail opportunities through coordinated sign guidelines and way-finding programs to create a “sense of place” in older shopping centers.
Responsibility: Community Development Department
Timeframe: Upon completion of the Land Use and Circulation Element Sign Guidelines for various shopping
centers have been amended to enhance
retail opportunities, including review of
guidelines for;
Marketplace in 2017-18:
Edgewater Place: 1/15/2015
Marlin Cove: 8/16/01
Parkside Towers: 6/3/2015
Pilgrim Triton: 3/31/2016
Foster Square: 11/3/2016
Marketplace: 1/11/18
Illumina: 11/1/18
Beach Park Plaza 1/17/19
Metro Center: 11/4/2021
City Council approved Commercial
Facade Improvement Program in
September 2017 to provide matching
grants to neighborhood shopping center
owners in upgrading the appearance and
condition of the centers. On January 17,
2019, the Planning Commission
approved a Use Permit Modification and
Master Sign Program for Beach Park
CDD/CM
485
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Plaza. On December 4, 2019, the
building permit for facade and site
improvements was issued. On May 5,
2020, a building permit was issued for
signs. Work on the Beach Park Plaza
façade and site improvements continued
throughout 2020. Work was completed in
2021.
LUC-K-1-a
Monitor Neighborhood Retail Centers. To determine the viability of existing neighborhood retail centers, the City will monitor vacancies and the physical condition of these centers. A General Plan amendment would be necessary at the time conversion to any other use is considered.
Responsibility: Planning and Code Enforcement Division.
Timeframe: Current and ongoing.
In 2021 CDD staff has continued to
proactively monitor, respond to
complaints, and work closely with the
property managers of each of the 9 retail
centers located in Foster City. CDD staff
has pursued code enforcement actions
and received voluntary compliance from
owners/property managers of Edgewater
Place, Beach Park Plaza, 1000 Metro
Center, 1010 Metro Center, Metro
Center Shopping Center, and Foster
Square. The City has continued to assist
restaurant owners and property
managers to provide outdoor dining due
the Covid pandemic and the State’s
social distancing restrictions.
CDD
486
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT LUC-L-5-a
Parks Facilities Plan. The City shall adopt and regularly review a Parks Facilities Plan which addresses the need for new, and maintenance of existing, park facilities. This plan will be used as a basis for establishing needed park in-lieu fees and review of the City’s adopted Capital Improvements Program.
Responsibility: Parks and Recreation Department, Public Works Department and City Council.
Timeframe: Current and ongoing.
Ongoing as part of annual Capital
Improvements Plan.
At a January 2019 City Council Regular
Meeting, a Recreation Center
Conceptual Plan report was accepted
and the City Council selected a Preferred
Alternative. This included funding for
Architectural Design in the preliminary
FY 2019-2020 Capital Improvement
budget. The Recreation Center
Reconstruction project was put on “hold”
until the Levee Improvement Project is
completed, which is currently in
progress.
In 2019 a consultant was engaged to
conduct a Parks System Master Plan but
was shifted by Council to an effort to be
conducted by Staff to identify long-term
maintenance and improvement of the 24
Parks in the Foster City System.
Additional funds for CIP 301-682 Park
System Master Plan Study were
budgeted in Fiscal Year 2021-2022 for
services and supplies required to
develop and implement the plan.
PARKS
LUC-L-9-a
Child Care Facility Regulations. Amend Title 17, Zoning, to require a Use Permit for large family day care homes providing care for nine to 14 children and day care centers providing care to over 14 children.
Responsibility: Community Development Department.
Timeframe: Begin amendment after update of Land Use and Completed. CDD
487
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Circulation Element.
LUC-L-10-a
Fire Department Annual Inspections. The Fire Department shall perform annual inspections and review new business license applications of all businesses in Foster City. The inspections should ensure, among other things, that all hazardous materials are handled properly and pertinent information regarding the materials is provided to the City.
Responsibility: Fire Department.
Timeframe: Current and ongoing.
Ongoing FIRE
LUC-L-11-a
Water System Improvements. Evaluate the condition and capacity of the water system each year to determine whether to include improvements to the water system in the Capital Improvement Program.
Responsibility: District Board, Public Works Department.
Timeframe: During annual Capital Improvement Program review.
A Potable Water System Risk and
Resilience Assessment and updated
Emergency Response Plan were
certified to the Environmental Protection
Agency (EPA) in June and December
2021 respectively.
PW
LUC-L-13-a
Wastewater System Improvements. Evaluate the condition and capacity of the wastewater system each year to determine whether to include improvements to the wastewater system in the Capital Improvement Program.
Responsibility: District Board, Public Works Department.
Timeframe: During annual Capital Improvement Program review.
The Wastewater Collection System
Master plan was completed and
accepted by Council May 2020. The
study addresses repairs and
improvements over the next 20-year
period. Implementation of the projects
into the budget are ongoing.
Foster City is working with the City of
San Mateo to construct improvements at
the jointly owned wastewater treatment
plant. Startup and commissioning of new
treatment facilities is targeted to be
completed by summer 2023, followed by
retrofit of existing facilities and
PW
488
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT commissioning of the integrated WWTP
by mid-year in 2024.
CHAPTER 4: HOUSING ELEMENT – ADOPTED FEBRUARY 2015 = SEE SEPARATE REPORT ON HCD FORMS
CHAPTER 5: PARKS OPEN SPACE AND CONSERVATION ELEMENT – ADOPTED SEPTEMBER 2009 PC-a Periodic Recreation User Surveys. Encourage feedback from recreation program participants, facility users and the general community with periodic surveys.
Responsibility: Parks and Recreation Department.
Timeline: Current and ongoing.
Ongoing
In December 2021, the City issued a
community wide Parks System and
Recreation Center survey. The survey
will help assess the community’s
satisfaction with City’s existing
recreational outlets and parks and
sought input regarding which new
features could be added in the coming
years. Feedback from the survey will
ultimately be considered by the City
Council as they begin examining ways to
potentially upgrade the City’s
recreational amenities and open spaces.
PARKS
PC-b Respond to Changing Recreation Needs. Expand and diversify classes and activities to address new recreation trends and changing community needs.
Responsibility: Parks and Recreation Department.
Timeline: Current and ongoing.
Ongoing
PARKS
489
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT PC-c Implement the City of Foster City Bikeway System Report.
Implement the City of Foster City Bikeway System Report, adopted by the City Council on January 7, 1991.
Responsibility: Parks and Recreation Department, Public Works Department.
Timeline: Current and ongoing.
Development of a Master Plan for
Bicycle, Pedestrian and Intersection was
prepared in 2017 and adopted by the
City Council on February 5, 2018.
Implementation of improvements is
ongoing.
Council approved installation of sharrows
on Class III bike routes to be installed as
streets have pavement rehabilitation.
PW
PARKS
PC-d Improve Facilities. Perform maintenance and specific improvements to parks and recreation facilities as identified in the Capital Improvement Program Five Year Plan.
Responsibility: Parks and Recreation Department, Parks and Recreation Committee.
Timeline: Current and Ongoing, Long-term
The City conducted the Public Outreach
phase of the Recreation Center Master
Plan from October 2016-January 2017.
At the January 2019 City Council
Regular Meeting, the Conceptual Plan
report was accepted and the City Council
selected a Preferred Alternative and
provided direction for including funding
for Architectural Design in the
preliminary FY 2019-2020 Capital
Improvement budget. This project was
put on “hold” until the Levee
Improvement Project is completed, which
is currently under construction.
In 2019 a consultant was engaged to
conduct a Parks System Master Plan but
was shifted by Council to an effort to be
conducted by Staff to identify long-term
maintenance and improvement of the 24
Parks in the Foster City System.
Additional funds for CIP 301-682 Park
System Master Plan Study were
PARKS
490
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT budgeted in Fiscal Year 2021-2022 for
services and supplies required to
develop and implement the plan.
PC-e Park Inspections. Perform and document monthly inspections of park amenities and infrastructure.
Responsibility: Parks and Recreation Department.
Timeline: Current and ongoing.
Ongoing PARKS
PC-f Playfield Inspections. Inspect playfields during weekly maintenance.
Responsibility: Parks and Recreation Department.
Timeline: Current and ongoing.
Ongoing PARKS
PC-g Levee Pedway Maintenance. Maintain the levee pedway, repairing and resurfacing when necessary.
Responsibility: Parks and Recreation Department, Public Works Department.
Timeline: Current and ongoing.
Ongoing quarterly inspections are
conducted and maintenance performed
as necessary.
In September 2020, the construction of
the Levee Protection Planning and
Improvements Project (CIP 327-657)
began. Sheet pile installation for Phases
1, 2, and 3 is complete as well as
approximately 3 miles of concrete cap
work. The project is anticipated to be
complete in January 2024.
PARKS
PW
PC-h Existing Pedway Enhancement. Enhance the existing pedway system by providing observation points, water fountains, additional and replacement landscaping, trash cans, additional paved access points with hand rails and additional benches along the pathways.
Responsibility: Parks and Recreation Department, Public Works Department.
Construction of the Levee Protection
Planning and Improvements Project (CIP
327-657) is ongoing. The completed
6.5-mile pathway will range from 14- 18
feet in width and will include separate
pedestrian and bicycle lanes in each
direction. New signage, trash and
recycling containers, observation points
PARKS
PW
491
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Timeline: Financing is undetermined, long-term. benches, picnic tables, interpretive signage, and bicycle fix-it stations will be
installed along the completed pathway.
PC-i Senior Activities. Maintain the existing senior center and continue to provide programs, activities and services to seniors at this facility.
Responsibility: Parks and Recreation Department.
Timeline: Current and ongoing.
Ongoing PARKS
PC-j Special Needs. Require that any improvements to open space lands be designed to accommodate people with special needs.
Responsibility: Community Development Department, Parks and Recreation Department.
Timeline: During Plan Review.
Ongoing PARKS
CDD
PC-k Public Access. Require dedication of open space lands or public access easements as a part of new development or redevelopment along the Bay or the Belmont Slough.
Responsibility: Community Development Department.
Timeline: During Plan Review.
Ongoing CDD
PC-l Wetlands Enhancement. Improve wetland areas in accordance with state and federal regulations to enhance the natural characteristics of the wetlands.
Responsibility: Community Development Department.
Timeline: During Plan Review.
Ongoing CDD
492
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT PC-m Median Strip Planting. Continue to maintain median strip planting along major roadways and bridges in Metro Center, residential neighborhoods, and industrial areas in accordance with the Median Development Master Plan.
Responsibility: Parks and Recreation Department.
Timeframe: Current and Ongoing.
Ongoing PARKS
PC-n Architectural Review. Review all new development or improvement proposals through the City of Foster City’s architectural review process for: (1) Impacts on access to sunlight on public areas; (2) provision of street furniture and attractive landscaping in public open spaces; and (3) impacts on waterfront views.
Responsibility: Community Development Department, Parks and Recreation Department, Planning
Commission and City Council.
Timeline: During Plan Review.
Ongoing CDD
PC-o Youth and Teen Activities. Continue to evaluate classes, services and programs for youth and teens and make changes when necessary to meet the changing recreational needs of these age groups.
Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing.
Ongoing PARKS
PC-p Youth Advisory Committee. Use the Youth Advisory Committee to promote meaningful involvement of the City of Foster City’s youth in evaluating park and recreation facilities and services.
Responsibility: City Council, Parks and Recreation Department Timeframe: Current and Ongoing
Ongoing PARKS
493
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT PC-q Teen Center. Design and construct a permanent Teen Center to replace the temporary facility.
Responsibility: Community Development Department, Parks and Recreation Department and City Council
Timeframe: 2008-2009.
Teen Center construction was completed
in 2009.
PARKS
PC-r Parks and Recreation Committee. Use the Parks and Recreation Committee to advise the City of Foster City and the Parks and Recreation Department on proposed park projects and recreational programs.
Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing.
Ongoing PARKS
PC-s Shoreline Band. Work with the Bay Conservation Development Commission and the Association of Bay Area Governments to protect and enhance the 100-foot shoreline band for conservation and recreation.
Responsibility: Community Development Department and the Parks and Recreation Department.
Timeline: Current and Ongoing.
BCDC requirements have been
conducted as part of the development of
the plans for the Levee Improvement
project.
CDD
PARKS
PC-t Court Resurfacing. Resurface and paint tennis and basketball courts every five years or as necessary in conjunction with the CIP Five Year plan.
Responsibility: Parks and Recreation Department
Timeline: Current and Ongoing.
Ongoing PARKS
494
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT PC-u Leo J. Ryan Park and Boardwalk. Complete the redesign and refurbishment of the park which includes landscaping, pathway repairs, park entry improvements and new restroom facilities.
Responsibility: Parks and Recreation Department
Timeframe: Current with completion scheduled for 2005.
Leo J. Ryan refurbishment was
completed in 2005.
PARKS
PC-v Bay Trail. Work with the Bay Conservation Development Commission and all other applicable agencies to develop a Bay Trail System.
Responsibility: Community Development Department and the Parks and Recreation Department
Timeframe: Current and Ongoing.
Ongoing PARKS-
CDD
PC-w “Destination Park”. Design and construct a new passive park on City of Foster City owned property at the terminus of Halibut Street adjacent to the levee pedway that will include picnic tables, a drinking fountain, a small restroom, benches, a bike rack, and an “interpretive center.” Responsibility: Community Development Department, Parks and Recreation Department and City Council
Timeframe: Current and long-term.
Grand Opening of Shorebird Park was in
June 2015.
PARKS
PC-x Cultural Arts. Seek to provide a wide variety of cultural arts in the City of Foster City through classes, concerts, and special events.
Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing.
Ongoing PARKS
PC-y Special Events. Work with organizations to hold a wide variety of special events in the City of Foster City including the Art and Wine Festival, Fourth of July Celebration, Concert in the Park Series and other special events.
Ongoing
Programming in 2020 was shifted from
“in-person” to virtual in 2020 and 2021
PARKS
495
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Responsibility: Parks and Recreation Department and City Council.
Timeframe: Current and Ongoing.
due to health officer regulations related
to the COVID-19 pandemic.
Promotion of community events and
other communications were expanded
through:
● Expanded City’s presence on
various social media platforms,
such as NextDoor, Facebook,
Twitter, Instagram, and Youtube
● Monthly e-newsletters with
updates on City events, activities
and projects as well as local
business community news to
approximately 9,000 subscribers
In 2021, in honor of the City’s 50th
Anniversary, the Parks and Recreation
Department hosted a variety of events to
commemorate the milestone. Events
included new programs such as car and
boat parade as well as the re-
introduction of past favorites such as
Sandcastle Contest and Rubber Ducky
Races.
PC-z Recreation Programs and Services Outreach. Provide information on the available classes and programs offered through the City of Foster City by using The Guide, handouts at City Hall and the Recreation Center and by posting information on the City of Foster City’s web page.
Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing.
Ongoing PARKS
496
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT PC-qq
Lagoons and Waterways: Recreational Opportunities. Promote the use of the lagoon for recreational purposes by allowing special events to occur on the lagoon, maintaining public beaches and boat ramps for access to the lagoon and maintaining the lagoon for use by boaters and windsurfers.
Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing.
Ongoing
The City continues to prioritized lagoon
safety messaging through a targeted “Be
Aware and Share” public education
campaign to promote awareness of all
recreational lagoon users – swimmers
and boaters.
PARKS
PC-bb Shared Use Facilities. Continue to work with the San Mateo-Foster City School District to share facilities with the school district and provide activities and programs at schools within the City of Foster City.
Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing
Ongoing PARKS
PC-cc Maintenance of Lagoon Pathways. Develop a program to identify which parties are responsible for maintenance of the areas adjacent to the lagoon.
Responsibility: Public Works/Engineering Department; Parks and Recreation Department, and the Community Development Department Timing: Long-term
Ongoing PARKS
PW
CDD
CHAPTER 6: NOISE ELEMENT – ADOPTED MAY 1993
N-a Noise Ordinance and Vehicular Noise Abatement Publicity and Staff Training. Provide publicity regarding the Noise Ordinance and train Police, Public Works and Community Development Department personnel as needed in the use of noise measurement equipment to enforce the Noise Ordinance and vehicular noise standards, and to monitor noise levels throughout the City.
Ongoing. POLICE
497
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Responsibility: Police Department, Community Development Department and Public Works Department.
Timeline: Ongoing
N-b Periodic Noise Monitoring. Periodically monitor residential noise generators and will develop noise reduction and abatement measures that can be applied to limit noise and phase in mitigation.
Responsibility: Community Development Department.
Timeline: Ongoing.
Noise monitoring was done as part of the
General Plan EIR in 2015.
CDD
N-c Purchase of City Vehicles and Equipment. The City will consider noise criteria in the purchase of new vehicles, their components and other equipment.
Responsibility: City Manager’s Department.
Timeline: Ongoing
Ongoing. CM
PARKS
N-d Regulation of Special Events. The City will evaluate and improve control mechanisms to minimize the noise impacts of special events, including:
a. Planning for overflow potential (parking, crowds).
b. Establishment of citation mechanism.
c. Establishment of a formal review of past performance. d. Informing neighborhood residents about events.
e. Responsibility: Community Development Department, Police and Public Works Departments.
f. Timeline: 1993 and ongoing.
Ongoing: Special events are vetted
through IDEC to ensure minimal
community disruption and sufficient
notification is provided to community.
CDD
POLICE
N-e Coordination of Complaint Information and Enforcement. The City will establish improved coordination of complaint information between the Planning, Police and Public Works Departments and will continue code enforcement programs.
The City initiated the Foster City Access
“See-Click-Fix” program in 2016 to more
efficiently handle complaints and
enforcement. Code enforcement of
property maintenance standards is an
CDD
POLICE
498
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Responsibility: Community Development Department, Police Department and Public Works Department.
Timeline: Ongoing
ongoing responsibility of the Community
Development Department.
In 2021, See-Click-Fix handled 821
cases.
P.D. continues to respond to See, Click,
Fix reports of graffiti, parking complaints,
and traffic-related complaints.
Complaints received via email are vetted
and routed to the appropriate point of
contact.
N-f
Recology Contract. The City will review the hours of refuse collection operation for Recology and will establish and enforce performance standards as appropriate.
Responsibility: City Manager’s Department and City Council Timeline: Annually
In 2017, the City Council approved an
Amended and Restated Franchise
Agreement with Recology from January
1, 2021 to December 31, 2035, which
continues existing regulation of collection
hours. Staff continue to work with
reporting parties to ensure that collection
is maintained within allowable hours.
PW
N-g Airport Noise Mitigation. The City will work with the relevant agencies to minimize adverse noise impacts associated with expansion and ongoing operations at the San Francisco International Airport.
Responsibility: City Council
Timeline: Ongoing.
Ongoing CM
CHAPTER 7: LHMP/SAFETY ELEMENT – ADOPTED NOVEMBER 2016
S Local Hazard Mitigation Plan (LHMP) Update. The LHMP defines measures to reduce risks from natural disasters.
The City Council adopted an updated
LHMP on December 13, 2021. The
information in the LHMP will provide a
FIRE/CDD
499
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT basis for updates to the Safety Element
due in January 2023.
S-A-1-a Protect City’s Infrastructure and Facilities. The City will protect the City’s infrastructure and facilities from damage due to seismic and geologic hazards through proper design and retrofitting older facilities to current standards.
Protection from seismic and geologic
hazards were incorporated into the levee
design.
Design phase for CIPs to retrofit
identified deficiencies at the Lagoon
Pump station, Water Booster Pump
Station, and 3 Steel Water Tanks began
in 2019, with construction anticipated in
late 2022.
PW
S-A-1-b Police Station Assessment. Conduct an assessment of the Police Department facility and its use related to an earthquake to identify strategies that can improve the facility’s resilience, including determining the feasibility of replacing the building. (High Priority) No action in 2021. POLICE
S-A-1-c Recreation Center Assessment. Conduct an assessment of the Recreation Center facility (a potential emergency shelter location) and its use related to an earthquake to identify strategies that can improve the facility’s resilience, including determining the feasibility of replacing the building. (High Priority)
An assessment of the Recreation Center
was initiated in late 2016. The City
conducted the Public Outreach phase of
the Recreation Center Master Plan from
October 2016-January 2017. The
Conceptual Plan report for building a
new Recreation Center was accepted
and the City Council selected a Preferred
Alternative in January 2019, and
approved funding for Architectural
Design in the preliminary FY 2019-2020
Capital Improvement budget.
PARKS
S-A-1-d Emergency Power for Critical Infrastructure. The City will provide emergency power at critical City facilities such as major sewer lift stations and lagoon pumps.
Emergency power is in place. PW
500
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT S-A-1-e Monitoring of Water, Sewer and Lagoon Systems. The City will provide and maintain a consolidated remote monitoring capability for the water distribution system, the wastewater collection system and the lagoon system that can be monitored 24 hours a day by Public Works staff or Police Department staff.
SCADA is currently in place and
improvements are being proposed as
part of each Fiscal Year’s budget.
PW
S-A-1-f Bridge Inspections. Facilitate biannual inspections by the California Department of Transportation (CALTRANS) of City owned bridges (Bicentennial, Foster City Boulevard, Rainbow and Shell Boulevard) and incorporate needed improvements into the capital improvement program.
Ongoing PW
S-A-1-g Earthquake Resilient Pipelines. Install specially-engineered pipelines in areas subject to faulting, liquefaction or other earthquake hazard.
Ongoing PW
501
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT S-A-2-a Levee Protection Planning and Improvements. Develop a plan to raise the City’s levees in order to retain FEMA accreditation and protect the City against sea level rise. (High Priority)
The City moved forward with the Levee
Project, which began in 2015. The
Environmental Impact Report was
certified on May 8, 2017. Other
informational materials were prepared
and provided to the public. A ballot
measure to issue the GO Bond for $90
million was passed in June 2018 for
funding the project. On January 7, 2020
the City received final regulatory Permit
approval from the US Army Corps of
Engineers. In late January 2020, the
City awarded a contract for Construction
Management Services to Tanner Pacific,
Inc. In July 2020, the City awarded a
contract for construction to Shimmick
Construction. Construction is ongoing
and is anticipated to be complete in
January 2024. The Levee Project is
designed to be resilient to the year 2050-
2080.
No new updates for 2021.
PW
S-A-2-b Maintain Levees and Lagoon for Flood Protection. The City will maintain the City’s levees and lagoon for flood protection pursuant to the “Operation and Maintenance Manual, Foster City Levees and Pump Station” and the “Lagoon Management Plan.”
Ongoing PW
S-A-2-c Lagoon Pump Station Building Seismic Evaluation. Implement recommendations for seismic upgrades to this 60-year old building. (High Priority)
Design of improvements is commenced
in Fall 2020 with construction anticipated
to begin in 2022.
PW
S-A-3-a Water Supply and Delivery for Fire-Fighting. The City will maintain a water supply and delivery system that can meet potential fire fighting Ongoing PW
502
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT demands through annual exercising of fire hydrants and periodic review of storage needs.
S-A-3-b Water Supply. The City will study the adequacy of water storage and/or supply facilities.
On July 19, 2021, the EMID Board of
Directors adopted the 2020 Urban Water
Management Plan and the 2020 Water
Shortage Contingency Plan.
PW
S-A-3-c Water Delivery System. The City will ensure the adequacy of the water delivery system through periodic testing, flushing and replacement of parts as needed.
Ongoing PW
S-A-3-d Water Booster Pump Station Seismic Retrofit. Complete recommended seismic retrofit to the water booster pump station. (High Priority)
Design of improvements is ongoing and
construction is anticipated to begin in
2022.
PW
S-A-3-e Potable Water Tank Seismic Evaluation Retrofit. Implement recommendations for seismic upgrades to the water storage tanks. (High Priority)
Design of improvements is ongoing and
construction anticipated to begin in 2022.
PW
S-A-3-f Water Transmission Main Evaluation. Continue to evaluate the single 24-inch water supply transmission main on an on-going basis. (High Priority)
Identified in 20-year Water Master Plan
that was completed in January 2020.
PW
S-A-3-g Water System Pressure Reducing Station Evaluation. Continue to evaluate the water pressure reducing stations that reduce SFPUC’s supply pressure to EMID system pressure. (High Priority) Two --6” PR Valves at Pressure
Reducing Station 2 were replaced in
January 2021, and one 12” PR Valve is
scheduled to be refurbished in summer
2022.
PW
S-A-4-a Wastewater Treatment Plant Improvements. Improve the Wastewater Treatment Plant to accommodate current and future operational requirements and needs and to be more resilient to hazards. (High Priority)
As part of the Clean Water Program
(CWP) the Wastewater Treatment Plant
Expansion Project involves all new
improvements, replacements, new
treatment processes, expansion and
PW
503
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT rehabilitation of the plant in order to meet
regulatory compliance requirements,
reliability, and capacity assurances.
Construction of GMP-1 (Mobilization,
demolition, site preparation, mass
excavation, perimeter shoring, and
dewatering) is substantially complete.
GMP-2 (Pile installation) commenced in
May 2020 and has been completed.
GMP-3 (Construction of all process
facilities including headworks; primary
treatment membrane filtration, and
administration building and maintenance
warehouse) commenced in September
2020 and is ongoing.
Construction of Immediate Action Project
II continues, with Immediate Action
Project III under design.
S-A-4-b Lift Station #59 Improvements. Maintain and improve the City’s main wastewater lift station with replacement of components that provide adequate levels of redundancy.
Construction of Lift Station #59
Improvements Project will commence in
2022.
PW
S-A-4-c Evaluation/Replacement of Air Release Valves on Wastewater Line between Lift Station #59 and WWTP. Evaluate the need for replacement of the air release valves on the 24” force main between Lift Station #59 and the Wastewater Treatment Plant. (High Priority) Ongoing. PW
S-A-4-d Wastewater Lift Stations Rehabilitation. Rehabilitate sewer lift stations by performing preventative maintenance and upgrades to extend their useful life. (High Priority)
Future lift station projects have been
identified in the 20-year Wastewater
Master Plan which was completed in
January 2020.
PW
S-B-1-a Emergency Response. The City will prepare to respond to emergencies through use of established procedures, programs of on- Ongoing. The Fire Department continues
to maintain the City’s Emergency
FIRE
504
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT going training, periodic exercises of the City’s Emergency Operations Plan, and mutual aid agreements.
Operations Plan. Foster City staff
participated in the Multiagency
Emergency Operations Center activation
drill for the Statewide Golden Eagle
exercise in October 2021.
S-B-1-b Emergency Plan. The City will maintain the City’s Emergency Operations Plan indicating responsibilities and procedures for responding to an emergency.
Ongoing.
FIRE
S-B-1-c Mutual Aid. Participate in general mutual-aid agreement and agreements with adjoining jurisdictions for cooperative response to fires, floods, earthquakes, and other disasters.
Ongoing FIRE
S-B-1-d Police Services. The City will provide adequate personnel, training, and equipment to support the provision of police services.
Ongoing: In 2021, two Police Officers,
two CSO’s, one full-time Dispatcher, and
one per-diem Dispatcher were hired to
maintain service levels. On-going
professional development conducted for
all staff to maintain and enhance
professionalism.
POLICE
S-B-2-a Emergency Operations Center. Maintain the local government’s emergency operations center in a full functional state of readiness.
Ongoing. The Fire Department maintains
the Emergency Operations center in a
functional state of readiness.
FIRE
S-B-2-b Back-up Emergency Operations Center. As an infrastructure operator, designate a back-up Emergency Operations Center with redundant communications systems.
Ongoing. The Fire Department maintains
a back-up emergency operations center
with redundant communication systems.
FIRE
S-B-2-c Emergency Power for Critical Buildings. Pre-position emergency power generation capacity (or have generation rental/lease agreement for these generators) in critical buildings to maintain continuity of government and services.
Ongoing PW
505
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT S-B-2-d Critical Intersection Lights. Ensure that critical intersection lights function following loss of power by installing and maintaining battery back-ups and emergency generators.
Ongoing PW
S-B-2-e Post-Disaster Repair of Water and Wastewater Systems. Develop a plan for speeding the repair and functional restoration of water and wastewater systems through stockpiling of shoring materials, temporary pumps, surface pipelines, portable hydrants, and other supplies.
Ongoing PW
S-C-1-a Incorporate Sea Level Rise Consideration into Planning Process.
Incorporate consideration of sea level rise into the development review and infrastructure planning processes, including response strategies that increase resilience to mid-century sea level rise risks for both new and existing development.
Sea level rise is being incorporated into
the planning for raising the levee. The
Levee Design has incorporated 1.9 ft. of
Sea Level Rise into the design which
should result in protection to at least
2050 and likely to 2080. The model will
be revised and updated at least every
five years from the completion of the
project.
PW
CDD
S-C-2-a Use of Uniform Codes. The City will adopt and enforce the most current uniform codes with additional local requirements as necessary tailored to Foster City.
Ongoing CDD
S-C-2-b Site Specific Geotechnical Analyses. The City will require site specific geotechnical and engineering reports for new structures.
Ongoing CDD
S-C-3-a Flood Plain Regulations. The City will evaluate any proposed development within special flood hazard areas for conformance with the City’s flood plain regulations as contained in Chapter 15.36 of the Foster City Municipal Code.
Ongoing – Any proposed marina
development will be subject to Chapter
15.36 requirements
CDD
S-C-3-b FEMA’s National Flood Insurance Program. Participate in FEMA’s National Flood Insurance Program for affected properties.
Ongoing. CDD
PW
506
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT S-C-3-c Protect Flood Protection Qualities of Natural Areas. The City will protect and preserve natural features such as wetlands that serve as natural mitigation against the impacts of flooding.
Ongoing CDD
S-C-4-a Development Review for Fire Safety. The City will review proposals for new and modified buildings to ensure that fire safety provisions are included as required by the most current uniform codes and local regulations.
Ongoing FIRE
S-C-4-b Annual Inspections for Fire Safety and Hazardous Materials. The City will conduct annual inspections of businesses and multi-family dwellings in order to ensure compliance with fire safety and hazardous materials requirements. The City will continue to provide inspections of residential care facilities at the request of the Department of Social Services.
Ongoing FIRE
S-C-4-c Fire Sprinklers. Require fire sprinklers in all new or substantially remodeled housing, regardless of distance from a fire station.
Ongoing FIRE
S-C-5-a Hazardous Materials. The City will continue to enforce applicable codes related to hazardous materials.
Ongoing FIRE
S-C-6-a Post-Disaster Services. Consider and adopt regulations to guide City operations following a disaster, such as suspension of some types of government services.
On December 13, 2021, the City of
Foster City Adopting the 2021 San
Mateo County Multijurisdictional Local
Hazard Mitigation Plan Including Foster
City Annex Plan.
FIRE
CDD
S-D-1-a CERT Classes. Continue to provide emergency preparedness classes and Community Emergency Response Team (CERT) training.
Ongoing. In 2021, one Hybrid CERT
Course was offered. 70 new CERT
students were trained via Zoom and
online. 32 completed their training by
attending Skills Day (under COVID
protocols) in June 2021.
FIRE
S-D-1-b Emergency Preparedness Education and Outreach. Continue to utilize available means to educate the public, including schools, Ongoing. FIRE
507
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT businesses and community groups, about emergency preparedness, including but not limited to the City’s website, media, classes and special events. (High Priority)
Presentations were made to 7 different
organizations and groups in 2021. This
included businesses, community
organizations, residents, and schools.
Additionally, Fire was able to hold annual
Open House (under COVID-19
protocols) in 2021 – where over 600
residents attended to learn about
preparedness, fire safety, and City
resources.
S-D-2-a Geotechnical Reports Library. The City will maintain a geotechnical report library at City Hall.
Ongoing CDD
S-D-2-b Seismic Safety Education. The City will include seismic safety education in the Fire Department’s public education programs, such as Community Emergency Response Team (CERT) training and
earthquake preparedness training.
Ongoing. CERT training includes
education for the public in what to do
before, during and after an earthquake,
as well as mitigation techniques.
FIRE
S-D-2-c Non-Structural Hazards Assessment. The City will include an assessment of non-structural seismic hazards as part of annual inspections of businesses as part of a public education program.
Ongoing FIRE
S-D-2-d Private Utility Lines at Bridges. Work with homeowners’ associations to educate them about the need for earthquake-resistant connections when pipes enter and exit bridges and work with them to encourage retrofit of these facilities.
Ongoing CDD
S-D-3-a Fire Education/Prevention. The City will provide a fire education/prevention program to the public, including schools, businesses and community groups through publications, training classes and other means.
Ongoing.
In 2021, the “Get Ready!” program
provided three fire and other emergency
preparedness classes (on Zoom), along
with two additional classes offered in
Spanish, called “Prepárese.”
FIRE
508
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT A full range of handouts and pamphlets
(in multiple languages) are shared with
the Get Ready and Prepárese attendees,
as well as being available on a website.
S-D-4-a Crime Prevention/Education. The City will provide a variety of crime prevention programs to educate and involve the community, including but not limited to Neighborhood Watch, Apartment Watch, Business Watch, newsletter, security surveys, and programs with community groups and organizations.
Ongoing
In 2021, social media was used to
provide crime alerts, crime prevention
tips, traffic information and safety tips to
the FC community. Residential and
Commercial Crime Prevention Through
Environmental Design (CPTED) surveys
were conducted.
National Night Out was celebrated on
August 3, 2021 to build relationships with
the Foster City community.
Coffee with a Cop forums were held on
August 26, 2021 and on October 6,
2021.
Open House was held on October 2,
2021.
In 2021, the Community Connect
Program was started, and ten virtual
neighborhood meetings were hosted by
the Police Department with registered
members of the Community Connect
Program, which is designed to develop
positive and productive relationships
between the community and police. The
Department also welcomed a new
“recruit” to its family – Drake, the Service
Dog. Drake’s duties include comforting
POLICE
509
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT and calming people in need, greeting
citizens, and strengthening bonds,
relationships, and trust.
S-D-4-b Development Review for Crime Prevention. The City will review proposals for new and modified buildings for compliance with crime prevention requirements.
Ongoing: In 2021, the Crime Prevention
Corporal reviewed all building plans
applying CEPTED prior to their approval.
This was accomplished as a member of
the IDEC.
POLICE
S-E-1-a Community Events. The City will actively promote community events in order to bring together individuals and groups within the community for a common purpose.
Several community events were
promoted:
● City’s 50th Anniversary Events
● Halloween Festival
● Off the Grid
● Tree Lighting
Promotion of community events and
other communications were expanded
through:
● Expanded City presence on
social media channels such as
YouTube, Instagram, Twitter and
Facebook
● Monthly e-newsletters with
updates on City events, activities
and projects as well as local
business community news to
approximately 9,000 subscribers
PARKS
S-E-1-b Cross-Cultural Events. The City will actively promote cross-cultural events in order to celebrate the diversity of the community as well as to bring together individuals and groups so that they become more inter- connected.
Ongoing PARKS
510
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT S-E-2-a Police Services. The City will provide adequate personnel, training, and equipment to support the provision of police services.
Ongoing: In 2021, six new staff members
were hired. Current staff attended
training that enhanced their abilities in
current positions as well as their career
development. COVID created challenges
to in person training.
POLICE
S-E-2-b Crime Prevention. The City will promote community-based crime prevention through Neighborhood Watch, Apartment Watch, Business Watch, newsletter, security surveys, and programs with community groups and organizations.
Ongoing. FCPD Officers continuously
conducted Community Outreach
Activities. Crime prevention activities
included conducting residential security
surveys, conducting vehicle inspection
report cards, and Crime Prevention
Through Environmental Design surveys
for residences and businesses. The
Crime Prevention Corporal and the
Community Engagement Officer
promoted community-based crime
prevention through the Community
Connect Program and through social
media platforms.
POLICE
CHAPTER 8: CONSERVATION ELEMENT – ADOPTED MAY 2003
C-a
Water Saving Landscaping and Irrigation. Promote the use of low- water-use landscaping and irrigation devices in parks, and during review of new projects and modifications to existing developments.
Responsibility: Community Development Department, Parks and Recreation Department.
Timeline: Current and ongoing.
Ongoing
● Conservation-based water rates
● Rebates for replacement of turf
● Free water use audits
● Outdoor Water Use checklists for
new development
● City website
● AMI system to generate water
consumption reports
PW
CDD
511
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT
C-b
Property Owner Water Saving Techniques. Encourage all property owners to implement the following conservation techniques: utilize drought tolerant plant materials, limit turf areas to 25% of landscaping, limit hours of the day for watering, retrofit with water-conserving fixtures, retrofit existing bathrooms and install new bathrooms with ultra low-flow toilets and water-conserving shower heads.
Responsibility: Community Development Department, Public Works Department.
Timeline: During Plan Review/prepare brochure following adoption of this Element
Ongoing
● Review of landscape plans
● Conservation-based water rates
● Indoor Water Use checklist
● Outdoor Water Use checklist
● Rebates for replacement of turf
and purchase of low water use
appliances
● City website
On February 4, 2021, the Planning
Commission approved the construction
of a new private outdoor amenity
space/private park at the Gilead
Sciences corporate campus. The new
park will incorporate drought-tolerant and
low-water-use vegetation and has been
designed for irrigation by
recycled/reclaimed water once made
available.
PW
CDD
C-c
Water Emergencies. Declare a state of water emergency when mandatory water conservation and/or water rationing is necessary and prepare newsletter articles and brochures to educate customers about water conservation.
Responsibility: District Board, City Manager’s Department, Public Works Department.
Timeline: As needed.
The District Board adopted a Water
Shortage Contingency Plan in July 2021,
which defines specific policies and action
that will be implemented at various
shortage level scenarios.
PW
512
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT C-d
Water Conservation Plan. Update the City’s Water Conservation Plan.
This plan describes the water system, and water supply and demand within the District service area.
Responsibility: Public Works Department.
Timeline: 1993.
The Urban Water Management Plan was
revised and adopted in July 2021.
PW
C-e
Water Quality. Continue existing programs to conserve and protect water quality in accordance with accepted standards.
Responsibility: Public Works Department.
Timeline: Current and ongoing.
Ongoing. PW
C-f
Lagoon Water Quality. Continue to implement the Lagoon Management Plan in order to conserve and protect lagoon water quality by exchanging water with the Bay, with additional water quality testing sites and monitoring bacteria levels throughout the lagoon system.
Responsibility: Public Works Department.
Timeline: Current and ongoing.
Ongoing
In 2021, additional water quality testing
has been conducted due to the geese
creating high bacteria levels.
PW
C-g
Lagoon Views and Recreational Opportunities. Conserve and protect the Foster City Lagoon System by maintaining accessibility for views and recreational opportunities.
Responsibility: Community Development Department.
Timeline: During Plan Review
Ongoing CDD
C-h
Public Information. Conserve and protect the Foster City Lagoon System by educating the public about problems caused by disposal of toxic wastes into the storm water system and the problems which result from feeding waterfowl.
Ongoing PW
CDD
513
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Responsibility: Public Works Department, Community Development Department.
Timeline: Prepare brochure following adoption of this Element C-i
Water Quality Discharge. Conserve and protect the quality of the water that is discharged into the San Francisco Bay through implementation of the Lagoon Management Plan.
Responsibility: Public Works Department.
Timeline: Current and ongoing
Ongoing
The City is working with the City of San
Mateo to construct Improvements at the
Wastewater Treatment Plant to repair
and replace aging infrastructure, address
future growth and capacity issues, and
address existing and future regulatory
requirements.
PW
C-j Air Quality Impacts. Review proposed projects for their potential to affect air quality conditions.
Responsibility: Community Development Department.
Timeline: During Plan Review
Ongoing. Included in Climate Action
Plan.
CDD
C-k Air Pollution Sensitive Land Uses. To the extent feasible, separate air pollution sensitive land uses from sources of air pollution.
Responsibility: Community Development Department.
Timeline: During Plan Review
Ongoing CDD
C-l TSM Ordinance Enforcement. Enforce the City’s Transportation Systems Management (TSM) Ordinance for existing and proposed businesses with more than 25 employees to promote use of SamTrans, vanpools, carpools and flextime working hours for employees.
Responsibility: Community Development Department.
Timeline: Current and ongoing
Ongoing. Included in Climate Action
Plan. Various developments are required
to submit annual TDM progress reports.
CDD
514
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT C-m Reduction in Automobile Trips. Encourage Foster City residents and employees to consolidate and/or eliminate motor vehicle trips as often as possible.
Responsibility: Community Development Agency, Planning Division.
Timeline: Prepare brochure following adoption of this Element City continues to promote regional
events such as Great Race for Clean Air
and Bike to Work Day as well as
promoting Commute.org.
City Staff continues to implement the 92
Corridor Alliance Work Plan by
implementing “right-sized” transit
solutions around high capacity / fixed
routes, last mile shuttles, water based
transit, carpooling, and bicycles.
New projects are reviewed for progress
in meeting the goals of Transportation
Demand Management (TDM) programs
currently in place; new development
project applications (such as a proposed
new hotel), are reviewed for their
capacity to incorporate new TDM
programs
CDD
C-n Coordination with Other Agencies in Air Quality Improvements.
Coordinate review of large projects with local, regional and state agencies to improve air quality.
Responsibility: Community Development Department.
Timeline: During Plan Review
Ongoing.
Actions taken to reduced auto-oriented
design, such as providing flexibility in
parking requirements in the Planned
Development combining district, in
addition to encouraged of preparation of
TDM programs, which both encourage
use of alternatives to transportation by
private vehicle and therefore reduce
environmental impacts related to air
pollution
CDD
C-o Title 24. Construct new buildings and additions to energy efficiency standards according to Title 24 of the California State Model Code.
Ongoing implementation of the energy
conservation requirements in
CDD
515
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT Responsibility: Community Development Department.
Timeline: During Plan Review
conformance with the California Energy
Code and CALGreen continued.
Included in Climate Action Plan.
C-p Solar Heating and Cooling. Encourage installation of solar panels for heating and cooling with solar energy.
Responsibility: Community Development Department.
Timeline: During Plan Review
Ongoing. The City implemented
SunShares Community Solar Bulk
Procurement Program in 2015 and 2016.
City has implemented on-going Solar
Rebate Program for single-family
residences since October 1, 2016.
City authorized several PACE programs
to operate in Foster City beginning in
2008, providing financing for Solar and
energy efficiency upgrades.
City joined Peninsula Clean Energy to
provide opportunity for all energy
customers to purchase power from
renewable sources and enrolled all City
facilities in the ECO 100 100%
renewable and carbon-free energy
option.
Solar energy installation at the
Library/Community Center was
completed in 2015 and continues to
reduce electricity purchased by City.
CDD
C-q Solar Heating for Pools. Encourage property owners to heat all new and existing spas and swimming pools with solar energy.
Responsibility: Community Development Department.
Timeline: During Plan Review
Ongoing CDD
516
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT C-r Energy Information and Outreach. Continue to expand and monitor information about energy conservation and establish a public outreach program to inform Foster City residents and businesses about the availability and importance of the information.
Responsibility: Community Development Department.
Timeline: Prepare brochure following adoption of this Element The City continued to participate in
Energy Upgrade California, publicizing
the availability of rebates and public
information meetings about the program
through its Social Media accounts.
The City continues to authorize several
PACE financing options for residential
and non-residential buildings.
Included in Climate Action Plan.
City partners with Peninsula Clean
Energy (PCE) to encourage residents to
“opt-up” to PCE’s ECO-100, their 100%
renewable energy product.
The City annually participates in the
SunShares program to educate the
public on rooftop solar and zero-
emission vehicle discounts.
The City has offered a Solar Rebate
Program for single-family residences
since 2016.
CDD
CM
C-s
Citywide Recycling Program. Continue the citywide residential recycling program for single stream recycling of glass, aluminum and newspaper and establish a citywide commercial recycling program for white paper and cardboard.
Responsibility: City Manager’s Department, Community Development Department.
Timeline: Current and ongoing
Ongoing programs.
Included in Climate Action Plan.
PW
517
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT C-t Source Reduction and Recycling Element. Implement Source Reduction and Recycling Element in accordance with State regulations.
Responsibility: Community Development Department, City Manager’s Department.
Timeline: Current and ongoing.
Ongoing programs for construction &
demolition materials recycling, adopted
new CalGreen code effective January 1,
2017, which increased construction and
demolition requirements from 50% to
65%, reusable bag ordinance and
polystyrene food service-ware ordinance.
In 2019 and 2021, the Municipal Code
Chapter 15.44 Recycling and Salvaging
of Construction and Demolition Debris
was updated to align with Green Building
Code.
In 2021, the Municipal Code section 8.07
Storage and Disposal of Solid Wastes
and Recyclable Materials was updated to
conform to requirements of SB 1383
regulations related to proper diversion of
organic waste materials and entered into
agreement with the SBWMA to conduct
recordkeeping and outreach related to
SB 1383 organics recycling
requirements.
In 2021, entered into agreement with the
County of San Mateo for implementation
of SB 1383 Compliant Edible Food
Recovery Program.
The City meets current state established
targets for waste reduction and
diversion.
PW
CDD
C-u Recycling Information. Inform all Foster City residents and businesses about recycling opportunities.
Ongoing programs. PW
518
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT
Responsibility: Community Development Department.
Timeline: Current and ongoing
Annually, green events are promoted
and widely used by the community. In
2021, two document destruction (shred),
one e-waste collection and the annual
coats for kids events were held. The
City continued to provide recycling
education through its website, direct
mail, social media and contacts from its
franchised hauler.
Included in Climate Action Plan.
C-v
Recycling Bins Incentives. Waive fees and simplify the review process for trash enclosures around recycling bins.
Responsibility: Community Development Department.
Timeline: Current and ongoing.
Ongoing programs.
PW
C-w City Procurement. Prepare a City-wide procurement policy for the purchase of recycled products.
Responsibility: City Manager's Department.
Timeline: December 1993.
Ongoing programs. Included in Climate
Action Plan.
In 2021, the Purchasing Policy and
Purchasing Ordinance were updated to
conform with SB 1383 requirements for
recycled-content paper purchases and
compliant compost/mulch purchases.
CM
C-x
Public Viewing Areas. Expand public opportunities to learn about wetland areas and endangered species by creating public viewing areas with exhibits.
Responsibility: Community Development Department.
Timeline: Within three years following Element Adoption Ongoing CDD
519
PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2021 DEPT C-y
Wetland Habitat. Protect wetland habitat from human disturbance by posting signs prohibiting trespassing on vegetation typical of wetland areas.
Responsibility: Community Development Department, Parks and Recreation Department.
Timeline: Within one year following Element Adoption.
Ongoing CDD
C-z
57 Acre Wildlife Refuge. Prohibit development within 57 acre wildlife refuge.
Responsibility: Community Development Department.
Timeline: During Plan Review.
Ongoing CDD
C-aa
Projects in the Vicinity of Shoreline Band. Strictly control development proposals in the vicinity of the shoreline band.
Responsibility: Community Development Department.
Timeline: During Plan Review.
Ongoing CDD
C-bb
National Pollution Discharge Elimination System (NPDES) Stormwater Management Plan. Continue working with the county- wide task force to develop and implement a stormwater management plan to satisfy NPDES requirements.
Responsibility: Public Works Department.
Timeline: Current and ongoing.
Ongoing
The City has adopted a Green
Infrastructure Program and has
amended its General Plan to include
goals, policies, and objectives which
encourage use of environmentally-
friendly methods for treatment of
stormwater; Green Infrastructure Plan
provides conformance with requirements
of the Municipal Regional Stormwater
Permit through NPDES.
PW
520
Prepared Date 02/28/2022 City of Foster City, CA
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