Foster City City Council
April 18, 2022

Attachment 4

NOVEL CORONAVIRUS (COVID-19) RESPONSE PLAN SUMMARY
Last Update d: Wednes day, April 6 , 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 Briefings which includes Elected Officials, City Managers, and Public Safety as needed (01/13/22)
• Nexus with City Attorney/County Counsel for Guidance (As Needed) • Update 211 Bay Area (a program of United Way Bay Area) with City Updates Ongoing
Work in alignment with SMC Fire (Member Agencies) to coordinate response • Proclamation of Local Emergency (City Manager/Director of Emergency Services Proclaimed on 03/16/20; City Council Ratified on 03/18/20 ; Extended on 04/06/20 , 06/01/20, 07/20/20, 09/08/20, 11/02/20, 01/04/21, 03/01/21, 05/17/21, 07/19/21 , 09/20/21, 11/15/21, 12/13/21, 01/18/22, 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 95

• 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 construction 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 areas 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 96

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 encourage 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 (such as Fourth of July, Summer Concerts, and Summer Days) and proposed plans for events in virtual, modified formats
• Order No. c19-5f (Revised), dated June 4, 2020
o Additional activities allowed, including outdoor dining, charter boat operations, and funerals
o Reopened beach parks, boat docks, two (2) walking tracks, and parking lots of all (except one) park sites
o Developed visitor protocols to provide guidance on requirements and expectations of those seeking in-person services, with outlined protocols and best practices on preventative measures, self -health assessments, face covering and social distance requirements, capacity levels, etc. o More employees reintroduced into the workplace; implementation of appointment scheduling software to allow in- person services beginning June 15, 2020
• Order No. c19-11, dated June 17, 2020
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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, unle ss 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 Department 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 ind oors – 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 Ga therings 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 purchases, 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 busin esses. The County of San Mateo fully aligns with all state CO VID-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 all 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
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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
o March 10, 2022
o March 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 fre quently. 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

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OBJECTIVE ACTION ITEMS STATUS

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 – A ctively 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, gro cery bag 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] Ongoing
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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]
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 e conomic 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 for 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
Ongoing
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• Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts • 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 f und 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 Marketplace by Chamber of Commerce to highlight local goo ds 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, es tablishing 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
Passed on
03/24/20;
06/23/20;
08/04/20
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• Temporary countywide eviction moratorium for non-payment of rent by residential tenants directly impacted by the COVID-19 pandemic through August 31 and extended 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 those 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-r ecreation- 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 bimonthly 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 Ongoing
111

• Provided tools for all employees to effectively work remotely (with IT Assistance); includes equipment issuance, tele/video conferencing tools such as Microsoft Teams and Zoom, and web -based Employee Resource Page –
https://www.fostercity.org/employees
• Established ‘Return to 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; p roviding 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
Ongoing
112

• Assigned representative to County’s Long-Term Strategic Planning Taskforce • 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 a ctions 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 E victions (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]
Ongoing
113

• 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) • 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 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) • 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 Fos ter 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 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 Ongoing
114

• 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) • Seek approval of the “Designation of Applicant's Agent Resolution 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 beyond 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 strategies to close long- term structural deficit (09/08/20 City Council Meeting)

115
DATE: April 18, 2022

TO:

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

FROM: Edmund Suen, Interim City Manager
Mimi Lam, Financial Services Manager

SUBJECT: PUBLIC HEARING ON MASTER FEES AND SERVICE
CHARGES FOR FY 2022-2023

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors hold a public hearing on the proposed changes to the Master Fees and Service Charges Schedule. After considering the staff report and public testimony, it is further recommended that the City Council/EMID Board adopt the attached resolutions amending the Master Fees and Service Charges Schedule for Fiscal Year 2022-2023, effective July 1, 2022.

EXECUTIVE SUMMARY
At the March 28, 2022 Budget Study Session, the City Council/EMID Board reviewed and directed City staff to update the Master Fee and Service Charges Schedule (“Schedule”) as shown in Attachment 3. The updated schedule includes fees and charges adjustments recommended by the Community Development Department and the Parks and Recreation Department. In addition, a 4.0% general increase in fees and services is also included in the schedule based on the year-over-year increase in the cost of providing City/District services.
116
It is appropriate at this time to hold a public hearing on these proposed changes and, subject to public testimony and other direction provided by the City Council/EMID Board, approve the revised Master Fees and Service Charges for Schedule for FY 2022-2023.

BACKGROUND
The City/District contracted with Management Services Institute (MSI) in 1987 to conduct a comprehensive review and analysis of the City/District costs for providing services to the public. MSI analyzed the City’s operations for alternate and more equitable ways to finance the City’s services through a comprehensive continuing cost control system. Upon completion of the project in February 1988, a Master Fees and Service Charges Schedule was adopted by the City Council in December 1989. In FY 2004-2005, staff completed a comprehensive internal review and update of the Schedule as most of the fees and charges had not been updated in several years. Since that time, the City Council/EMID Board approved annual increases of 3% in FY 2005-2006 through FY 2016-2017 (4% in FY 2007-08) in most fees to account for annual cost escalations. In September 2016, the City/District contracted with Capital Accounting Partners to conduct a user fee study (along with a cost allocation plan). A user fee study provides a defensible methodology for calculating fees for service and determining the full cost recovery potential of individually-based services. The project was completed in April 2017 and a revised Master Fee and Services Schedule was adopted by the City Council/EMID Board for FY 2017-2018. General increases of 3.5% were made in FY 2018-2019, followed by 2.0% increases for FY 2019-2020 through FY 2021-2022 respectively, based on the higher cost of providing services.

ANALYSIS
It is recommended that the City Council/EMID Board hold a public hearing prior to approving adjustments to the fees and charges in the Schedule.

Specific recommendations on various fees and charges are provided in Attachment 4 as previously presented in a staff report to the City Council/EMID Board at the March 28, 2022 Budget Study Session.

Specifically, the Community Development Department recommends modifying the existing General Plan and Zoning fee in order to accumulate resources to do a future comprehensive update of the General Plan. The Parks and Recreation Department is proposing (1) Bocce Court rental rate amendment from $20/hour to $26/hour; (2) new outdoor volleyball court rental 117
fees at Catamaran Park and Boothbay Park at $26/hour; and (3) a new fee structure for Leo J. Ryan Park amphitheater rentals.

A separate public hearing for increases in water and wastewater rates is planned for June 6, 2022, based on Proposition 218 notice requirements.

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

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This item is in alignment with the City Council's Vision Statement for a Sustainable Foster City under the economic sustainability framework.

Attachments:
Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - Exhibit A - City of Foster City/Estero Municipal Improvement District Master Fee and Services Charges Schedule for FY 2022-2023
Attachment 4 - March 28, 2022 Staff Report regarding Master Fees and Services Charges Schedule
118
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL AMENDING THE MASTER FEES AND SERVICE CHARGES SCHEDULE FOR FY 2022-2023

FOSTER CITY
WHEREAS, the City Council adopted a Master Fees and Service Charges Schedule; and
WHEREAS, adjusting the Master Fees and Service Charges will provide an updated reflection on the cost of providing services to all customers; and WHEREAS, a Notice of Public Hearing has been published and posted and said public hearing was held on April 18, 2022; and
WHEREAS, the City Council finds that the proposed fees reflect the cost recovery of providing services.

NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Foster City that:

1. The attached Master Fees and Services Charges Schedule (Exhibit A) shall become effective on July 1, 2022; and

1. The City Council finds that adjustments in Master Fees and Service Charges are necessary to reflect the cost recovery of providing services. 119
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 18th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
120
RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AMENDING THE MASTER FEES AND SERVICE CHARGES SCHEDULE FOR FY 2022-2023

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Estero Municipal Improvement District adopted a Master Fees and Service Charges Schedule; and
WHEREAS, adjusting the Master Fees and Service Charges will provide an updated reflection on the cost of providing services to all customers; and WHEREAS, a Notice of Public Hearing has been published and posted and said public hearing was held on April 18, 2022; and
WHEREAS, the Board of Directors finds that the proposed fees reflect the cost recovery of providing services.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that:

1. The attached Master Fees and Services Charges Schedule (Exhibit A) shall become effective on July 1, 2022; and

1. The Board of Directors of the Estero Municipal Improvement District finds that adjustments in Master Fees and Service Charges are necessary to reflect the cost recovery of providing services.
121
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 18th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
122
Current
REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees Community Development
CDB-01 Building Permit Fees (Based on valuation)
A) $1 to 500 $49.20 $51.15
B) $501 to 2,000 $49.20 for the first $500,
+ $6.20 for each additional $100 or
fraction thereof, to and including $2,000
$51.15 for the first $500,
+ $6.45 for each additional $100 or
fraction thereof, to and including $2,000
C) $2,001 to 25,000 $146.70 for the first $2,000,
+ $29.60 for each additional $1,000 or
fraction thereof, to and including $25,000
$152.55 for the first $2,000,
+ $30.75 for each additional $1,000 or
fraction thereof, to and including $25,000
D) $25,001 to 50,000 $831.00 for the first $25,000,
+ $20.60 for each additional $1,000 or
fraction thereof, to and including $50,000
$864.20 for the first $25,000,
+ $21.40 for each additional $1,000 or
fraction thereof, to and including $50,000
E) $50,001 to 100,000 $1,349.65 for the first $50,000,
+ $14.65 for each additional $1,000 or
fraction thereof, to and including $100,000
$1,403.60 for the first $50,000,
+ $15.20 for each additional $1,000 or
fraction thereof, to and including $100,000
F) $100,001 to 500,000 $2,096.60 for the first $100,000, + $11.50 for each additional $1,000 or
fraction thereof, to and including $500,000
$2,180.45 for the first $100,000,
+ $11.95 for each additional $1,000 or
fraction thereof, to and including $500,000
G) $500,001 to 1,000,000 $6,792.54 for the first $500,000, + $9.90 for each additional $1,000 or
fraction thereof, to and including $1,000,000
$7,064.20 for the first $500,000,
+ $10.30 for each additional $1,000 or
fraction thereof, to and including $1,000,000
H) $1,000,000 and up $11,814.75 for the first $1,000,000, + $5.90 for each additional $1,000 or fraction thereof
$12,287.30 for the first $1,000,000,
+ $6.10 for each additional $1,000 or fraction thereof
I) Solar (Photovoltaic) Panels Exempt from Building Permit Fees. Exempt from Building Permit Fees.

J) General Plan and Title 15 Building and Title 17 Zoning Ordinance Maintenance Fees 1) $1 to $500 5% of the application value No Fee
2) $501 to $25,000 $30.20 + 0.25% of the application value above $500 See CDB-01 J-6 3) $25,001 and up $104.85 + 0.10% of the application value above $25,000 See CDB-01 J-6 4) Accessory Dwelling Units (New) No Fee
5) Affordable Housing Projects that are 100% income restricted (New) No Fee 6) $501 and up 0.50% of the application value above $500 K) Kitchen Remodel Flat Rate $367.00 $381.65
L) Single Bathroom Remodel Flat Rate $294.00 $305.75
CDB-02 Plumbing Permit Fees
Per Unit Fee Schedule (Plumbing)

1. For each trap $25.35 $26.35

2. For each building sewer system $54.55 $56.70

3. For each building water system $25.35 $26.35

4. For each rainwater system per drain $25.35 $26.35

5. For each water heater or vent $25.35 $26.35

6. For each gas piping system (1-5 outlets) $4.00 $4.15

7. For each gas outlet over 5 (per outlet) $4.00 $4.15

8. For each interceptor or grease trap $25.35 $26.35

9. For each repair to a water system $25.35 $26.35

10. For each repair to a drain/vent $25.35 $26.35

11. For each check/backflow (2" or smaller) $25.35 $26.35

12. For each check/backflow (over 2") $54.55 $56.70

13. For each vacuum breaker (1-5) $17.75 $18.45

14. For each vacuum breaker over 5 $4.00 $4.15

15. For fire sprinkler systems $14.10 $14.65

16. For medical gas piping system $183.10 $190.40

17. For each medical gas outlet $17.75 $18.45

18. For graywater system $145.35 $151.15

19. For Plumbing per valuation $10.93 per each $1,000 in valuation or fraction thereof $11.36 per each $1,000 in valuation or fraction thereof

20. Permit Issuance Fee $86.05 $89.45

21. Supplemental Permit Issuance Fee (per application) $86.05 $89.45 CDB-03 Mechanical Permit Fees
Per Unit Fee Schedule (Mechanical)

1. For each furnace/heat pump to 100,000 BTU $53.95 $56.10

2. For each furnace/heat pump over 100,000 BTU $66.15 $68.80

3. For each floor furnace $53.95 $56.10

4. For each suspended or wall furnace $53.95 $56.10

5. For each appliance vent $25.95 $26.95

6. For repair to a heating or cooling appliance. $49.00 $50.95

7. For each boiler/comp. to 100,000 BTU (3hp) $53.30 $55.40

8. For each boiler/comp. over 100,000 BTU (15hp) $99.30 $103.25

9. For each boiler/comp. over 500,000 BTU (30hp) $135.35 $140.75

10. For each boiler/comp. over 1,000,000 BTU (50hp) $203.20 $211.30

11. For each boiler/comp. over 1,750,000 BTU (over 50 hp) $337.45 $350.95

12. For each AC unit up to 10,000 CFM $38.50 $40.00

13. For each AC unit over 10,000 CFM $65.84 $68.45

14. For each single duct vent fan $25.95 $26.95

15. For each ventilation system $38.50 $40.00

16. For each hood $38.50 $40.00

17. For each domestic type incinerator $66.15 $68.80

18. For each commercial type incinerator $52.90 $55.00

19. For any other appliance $38.50 $40.00

20. Permit Issuance Fee $86.05 $89.45

21. Fireplace Inserts $37.75 $39.25

22. Freestanding Stove $37.75 $39.25

23. For Mechanical per valuation $10.93 per each $1,000 in valuation or fraction thereof $11.36 per each $1,000 in valuation or fraction thereof

24. Supplement Permit Issuance Fee (per application) $86.05 $89.45 City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23

Attachment 3
123
Current
REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23
CDB-04 Electrical Permit Fees
Per Unit Fee Schedule (Electrical)

1. For each receptacle/switch/fixture $2.58 $2.68

2. For each circuit $2.58 $2.68

3. For each fixed electrical appliance $10.91 $11.34

4. For each new service to 200 amps $67.40 $70.05

5. For each new service 200 to 1,000 amps $136.65 $142.10

6. For each service upgrade 0 to 1,000 amps $91.20 $94.80

7. For each service upgrade over 1,000 amps $273.50 $284.40

8. For each additional meter $1.50 $1.56

9. For each temporary power pole $54.55 $56.70

10. For each circuit for a sign $54.55 $56.70

11. For each sub-panel $40.10 $41.70

12. For each pool/spa/hot-tub $54.60 $56.75

13. For each electric water heater $10.90 $11.30

14. For each electric heater $10.90 $11.30

15. For each motor 0 to 1 HP $10.90 $11.30

16. For each motor 2 to 10 HP $27.15 $28.20

17. For each motor 11 to 50 HP $54.60 $56.75

18. For each motor 51 to 100 HP $109.25 $113.60

19. For low voltage/wireless per $100 val. $10.90 $11.30

20. For each busway $10.90 $11.30

21. For each miscellaneous $27.15 $28.20

22. For Electrical per val. $10.93 per each $1,000 in valuation or fraction thereof$11.36 per each $1,000 in valuation or fraction thereof

23. Permit Issuance Fee $86.05 $89.45

24. Supplement Permit Issuance Fee $86.05 $89.45
CDB-05 Grading Permit Fees

1. Grading Permit for up to 50 cu. yds. $86.05 $89.45

2. Grading Permit for 51-100 cu. yds. $134.20 $139.55

3. Grading Permit for 101-1,000 cu. yds. $130.40 + $61.80/ for each 100 yd³ $135.60 + $64.25/ for each 100 yd³

4. Grading Permit for 1,001-10,000 cu. yds. $674.20 + $294.70/each 1,000 yds³ $701.15 + $306.45/each 1,000 yds³

5. Grading Permit for 10,001-100,000 cu. yds. $3,252.20 + $129.05/each 10,000 yd³ $3,382.25 + $134.20/each 10,000 yd³

6. Plan Review Fees for Grading Projects (formerly fee type CDB-06) a. Plan Review for up to 50 cu. yds. No Fee No Fee
b. Plan Review for 51-100 cu. yds. $86.05 $89.45
c. Plan Review for 101-1,000 cu. yds. $132.50 $137.80
d. Plan Review for 1,001-10,000 cu. yds. $177.75 $184.85 e. Plan Review for 10,001-100,000 cu. yds. $179.85 + $87.05 /each 10,000 yd³ $187.00 + $90.50 /each 10,000 yd³ f. Plan Review for 100,001-200,000 cu. yds. $966.45 + $47.95/each 10,000 yd³ $1.005.10 + $49.85/each 10,000 yd³ g. Plan Review for 200,001 or more $1,449.10 + $25.65/each 10,000 yd³ $1,507.05 + $26.65/each 10,000 yd³ CDB-06 Grading Plan Fees Per Uniform Building Code-Current Edition Per Uniform Building Code-Current Edition CDB-07 Penalty Fee - Building Division
a. R-1 $300.75 processing fee, + 200% of the permit fee $312.75 processing fee, + 200% of the permit fee b. Others $757.15 processing fee, + 200% of the permit fee $787.40 processing fee, + 200% of the permit fee CDB-08 Micro/Filming Processing Fee $3.39/Plan Sheet $3.52/Plan Sheet $1.72 /Document Sheet (Less than 8 1/2" x 14") $1.78 /Document Sheet (Less than 8 1/2" x 14") CDB-09 Administrative Fee $12.17 Min. (or Actual Cost*) $12.65 Min. (or Actual Cost*) CDB-10 Technology Fee $4.65 per application + $.77 per each $1,000 in valuation or fraction thereof
$4.80 per application + $.80 per each $1,000 in valuation or fraction thereof
CDB-11 Permit Processing Fee $45.00 $46.80
CDM-01 Miscellaneous Fees

1. Reinspection Fee Actual Cost Actual Cost

2. After hours inspections / inspections outside of normal hours Actual overtime cost, including overhead, 4 hour minimum
Actual overtime cost, including overhead,
4 hour minimum

3. Strong Motion Instrumentation and Seismic Hazard Mapping FeePer state of California Department of Conservation latest edition 2004 fees:

Category 1 Construction (all Residential under 3 stories):
$13.00 per $100,000 permit valuation;
Category 2 Construction (Residential over 3 stories, all Commercial): $28.00 per $100,000 permit valuation
Per state of California Department of Conservation latest edition 2004 fees:

Category 1 Construction (all Residential under 3 stories): $13.00 per $100,000 permit valuation;
Category 2 Construction (Residential over 3 stories, all Commercial):
$28.00 per $100,000 permit valuation
Required deposit: $50.00 per ton of debris estimated to be generated by project.

Required deposit: $50.00 per ton of debris estimated to be generated by project.

All Projects: If calculation is
less than $1,000, then minimum deposit is $1,000.

All Projects: If calculation is
less than $1,000, then minimum deposit is $1,000.

Residential Projects: If calculation exceeds $10,000, then $10,000 is the maximum deposit.

Residential Projects: If calculation exceeds $10,000, then $10,000 is the maximum deposit.

Commercial Projects: If calculation exceeds $30,000, then $30,000 is the maximum deposit.

Commercial Projects: If calculation exceeds $30,000, then $30,000 is the maximum deposit.

5. Request for author's release of plans. $30.90 base fee $32.10 base fee

6. Building Standards Administration Special Revolving Fund Per current state of California-State and Consumer Services Agency-Building Standards Commission valuation schedule
Per current state of California-State and Consumer Services Agency- Building Standards Commission valuation schedule

7. C&D Application Fee
a. C&D Application Fee - Roof $121.70 $126.55
b. C&D Application Fee - Others $341.05 $354.65
CDP-01 Plan Checking Fees
1st Plan Check 70% of building fee 70% of building fee
2nd Plan Check No additional cost No additional cost
3rd and following Actual Cost Actual Cost

4. Construction and Demolition Debris Recycling Deposit. Note: A pro-rata deposit refund is made for diversion rates less than required by ordinance.

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REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23
CDP-02 Preliminary Project Review Fees
a. City Council/Planning Commission Review Actual Cost* Subject to a minimum $2,000 Deposit at time of filing
Actual Cost* Subject to a minimum $2,000 Deposit at time of filing b. Staff Review Actual Cost* Subject to a minimum $1,000 Deposit at time of filing
Actual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-03 General Plan Amendment Fees Actual Cost* Subject to a minimum $5,000 Deposit at time of filing
Actual Cost* Subject to a minimum $5,000 Deposit at time of filing CDP-04 Variance Fees Actual Cost* Subject to a minimum $2,000 Deposit at time of filing
Actual Cost* Subject to a minimum $2,000 Deposit at time of filing CDP-05 Zoning Text/Map Amendment Fees Actual Cost* Subject to a minimum $5,000 Deposit at time of filing
Actual Cost* Subject to a minimum $5,000 Deposit at time of filing CDP-06 Use Permit Modification Fees
a. Administrative Minor Use Permit Modification (e.g. paint change, landscape modifications, prototype amendments and other improvements per Section 17.06.030 of Title 17 Zoning of Foster City Municipal Code) Actual Cost* Subject to a minimum $500 Deposit at time of filing
Actual Cost* Subject to a minimum $500 Deposit at time of filing b. Administrative Major Use Permit Modification (e.g. Façade and site improvements)
Actual Cost* Subject to a minimum $3,000 Deposit at time of filing
Actual Cost* Subject to a minimum $3,000 Deposit at time of filing c. Planning Commission/City Council Use Permit Modification (e.g. Use Permit list, facade upgrades to existing commercial/office buildings) Actual Cost* Subject to a minimum $3,000 Deposit at time of filing
Actual Cost* Subject to a minimum $3,000 Deposit at time of filing CDP-07 Use Permit Fees
a. Administrative Use Permit (e.g. changes to existing wireless facility)Actual Cost* Subject to a minimum $750 Deposit at time of filing
Actual Cost* Subject to a minimum $750 Deposit at time of filing b. Planning Commission/City Council Use Permit (e.g. Residential Additions to Waterfront properties, Conditional Use Permits, new wireless facility)
Actual Cost* Subject to a minimum $3,000 Deposit at time of filing
Actual Cost* Subject to a minimum $3,000 Deposit at time of filing c. Use Permit accompanying Specific Development Plan per Section

17.36.050 Title 17 Zoning of Foster City Municipal Code Actual Cost* Subject to a minimum $5,000 Deposit at time of filing
Actual Cost* Subject to a minimum $5,000 Deposit at time of filing d. Density Bonus Fees per Section 17.86.040 of Title 17 Zoning of Foster City Municipal Code
Actual Cost* Subject to a minimum $500 Deposit at time of filing
Actual Cost* Subject to a minimum $500 Deposit at time of filing CDP-08 Architectural Review Fees (Excluding Solar Panels, which are exempt)
a. Administrative Minor Architectural Review (e.g. windows, decks, fences, front yard paving, skylights, accessory structures)
Actual Cost* Subject to a minimum $750 Deposit at time of filing
Actual Cost* Subject to a minimum $750 Deposit at time of filing b. Administrative Major Architectural Review (e.g. additions to non-water front homes or residential additions less than 400 SF)
Actual Cost* Subject to a minimum $2,000 Deposit at time of filing
Actual Cost* Subject to a minimum $2,000 Deposit at time of filing c. Planning Commission Architectural Review per Section 2.28.100 of Title 2 of the Foster City Municipal Code
Actual Cost* Subject to a minimum $3,000 deposit at time of filing
Actual Cost* Subject to a minimum $3,000 deposit at time of filing CDP-09 Sign Review (NOTE 1)
a. Administrative Sign Permit $329.50 $342.65
b. Planning Commission Review/Sign Use Permit Actual Cost* Subject to a minimum $1,500 Deposit at time of filing
Actual Cost* Subject to a minimum $1,500 Deposit at time of filing c. Temporary/Promotional/Public Convenience Sign Review $109.80 $114.15 CDP-10 Appeal Fees
a. Appeal by Resident / Applicant Actual Cost* Subject to a minimum $500 Deposit at time of filing
Actual Cost* Subject to a minimum $500 Deposit at time of filing b. Appeal by Non-Resident / Non-Applicant Actual Cost* Subject to a minimum $1,000 Deposit at time of filing
Actual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-11 Request for Planning Commission Interpretation FeesActual Cost* Subject to a minimum $1,000 Deposit at time of filing
Actual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-12 Environmental Assessment Fees Actual Cost* Subject to a minimum $1,000 Deposit at time of filing
Actual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-13 Environmental Impact Report Fees Actual Cost* Subject to a minimum $5,000 Deposit at time of filing
Actual Cost* Subject to a minimum $5,000 Deposit at time of filing CDP-14 Zoning Compliance Letter Actual cost* Subject to a minimum $500 initial deposit Actual cost* Subject to a minimum $500 initial deposit CDP-15 Development Agreement Actual cost* Subject to a minimum $5,000 initial deposit Actual cost* Subject to a minimum $5,000 initial deposit CDP-16 Disposition and Development Agreement Actual cost* Subject to a minimum $5,000 initial deposit Actual cost* Subject to a minimum $5,000 initial deposit CDP-17 Owner Participation Agreement Actual cost* Subject to a minimum $5,000 initial deposit Actual cost* Subject to a minimum $5,000 initial deposit CDP-18 Subdivision Map Fees
a. Tentative Subdivision Map Fees $742.85 (or Actual Cost*) $772.55 (or Actual Cost*) b. Tentative Parcel Map Fees $742.85 (or Actual Cost*) $772.55 (or Actual Cost*) c. Tentative Subdivision or Parcel Map Revision Fees $742.85 (or Actual Cost*) $772.55 (or Actual Cost*) d. Tentative Subdivision or Parcel Map Extension Fees $742.85 (or Actual Cost*) $772.55 (or Actual Cost*) e. Lot Line Adjustment Fee $447.35 (or Actual Cost*) $465.20 (or Actual Cost*)

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REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23
CDP-19 Temporary Use Permit
- Minor Events/Use (as determined by the Director of Community Development Services) including shopping center promotional events; outdoor sales by individual stores within shopping centers; parking lot sales/fairs; outdoor exhibits or open displays; special small scale events sponsored by religious institutions or their supporting clubs, schools or school organizations and clubs or civic groups and clubs Exempt Exempt
- Major Events/Uses (as determined by the Community Development Director) including commercial operations by other than civic, school or religious organizations, clubs and institutions
$150.15 (or Actual Cost*) $156.15 (or Actual Cost*)
CDP-20 Code Enforcement
a. 1st Inspection and/or 1st Letter $0.00 $0.00
b. 2nd Inspection and/or 2nd Letter, and each additional inspection / letter thereafter
$120.35, plus actual cost of City Attorney time, until
compliance is achieved
$125.15, plus actual cost of City Attorney time, until compliance is achieved
CDP-21 Penalty Fee - Planning Division (per Section 17.06.175 of Title 17 of the Municipal Code) a. R-1 $297.55 penalty processing fee; Deposit of twice the standard time and materials costs, against which 200% of the actual processing fees will be applied.
$309.45 penalty processing fee; Deposit of twice the standard time and materials costs, against which 200% of the actual processing fees will be applied.
b. Others $749.10 penalty processing fee; Deposit of twice the standard time and materials costs, against which 200% of the actual processing fees will be applied.
$779.05 penalty processing fee; Deposit of twice the standard time and materials costs, against which 200% of the actual processing fees will be applied.

CDP-22 Photography / Filming Temporary Use Permit Processing Fee $361.65 $376.10 CDP-23 Interdepartmental Evaluation Committee Review of Proposals by Persons, Businesses and Organizations Located Outside of Foster City (Excluding Land Use and Photography / Filming Temporary Use Permit see S-122 above)
$120.35 $125.15
CDP-24
Hotel $12.50 $12.50
Retail, Restaurant and Services $6.25 $6.25
Office , Medical Office and Research and Development Uses $27.50 $27.50 CDP-25 Annual Wireless Facilities Site License (Per Site) $270.00 $270.00 CDP-26
Park in Lieu of Land Dedication Fee (Per Section 16.36.100 of Title 16 of Foster City Municipal Code)
The fees shall be computed based on fair market value of land that would otherwise have been dedicated, and at a ratio of five acres per one thousand project residents.

Project residents shall be computed as provided in Section

16.36.040.

The population that will reside within a proposed project shall be calculated using the following factors and based upon the following formula:

Average Household Size X Number of Dwelling Units
Proposed for Construction = Project Resident Population.

The fees shall be computed based on fair market value of land that would otherwise have been dedicated, and at a ratio of five acres per one thousand project residents. Project residents shall be computed as provided in Section 16.36.040.

The population that will reside within a proposed project shall be calculated using the following factors and based upon the following formula:

Average Household Size X Number of Dwelling Units Proposed for Construction = Project Resident Population.

CDP-27 Below Market Rate Housing In-Lieu Fee
a. Rental – to be multiplied by the net rentable square feet. All net rentable square footage includes measurements from the outside surface of the exterior walls and includes all finished living space. It does not include parking areas, common hallways and stairways, common rooms, building lobbies, balconies, elevator shafts, and utility rooms. On July 1st of each year beginning in 2023 the fee amount shall be automatically adjusted in accordance with the change in the Engineering Construction Cost Index for San Francisco, California, most recently published by Engineering News- Record, for the elapsed time period from May of the previous year to May of the current year.

N/A $75.32/sq ft
b. For Sale – to be multiplied by the habitable area measured from the outside surface of the exterior walls, including all finished living space and common areas inside the dwelling unit. It does not include unheated areas such as parking and balconies. On July 1st of each year beginning in 2023 the fee amount shall be automatically adjusted in accordance with the change in the Engineering Construction Cost Index for San Francisco, California, most recently published by Engineering News-Record, for the elapsed time period from May of the previous year to May of the current year.

N/A $48.21/sq ft
NOTE 1:

FOOTNOTE:

Proposals designed and located in strict conformance with approved residential development design prototypical guidelines for property improvements in the specific subdivision shall be charged 1/2 of the usual fee for such improvements.

Initial fees paid at the time of project submittal for all project categories without deposit are considered minimum fees which are not refundable. Initial fees paid for project categories with deposits may be refunded in part, depending upon the amount of staff time and reimbursable expenditures expended on the project as determined by the Director of Community Development.

Affordable Housing Commercial Linkage Fees for Nonresidential Development Projects (Fee per Square Foot of Net New Gross Floor Area)
When the account balance goes negative, the request to replenish funds shall be paid in full by the applicant within five (5) business days. If the payment is not paid in full, the project will be put on hold.

The penalty fee for sign installed prior to obtaining a sign permit shall be double the normal fee. Signs erected by nonprofit and community interest groups, senior clubs and organizations deemed "similar" by the Community Development Director shall be exempt from the payment of sign permit application fees.
* "Actual Cost" is time and materials, including all direct and indirect overhead costs. "Actual Cost" billing begins after the initial fee payment amount is exceeded by direct and/or indirect costs. * "Actual Cost" is time and materials, including all direct and indirect overhead costs.

For work requiring an outside consultant, the City will be reimbursed at the rate of the consultant plus 15% for administration.

EIR and other technical consultant contracts for a project shall be paid in full by the applicant.

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REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23

PUBLIC WORKS
PW-01 Subdivision Fees
Public Works Plan Review and Inspection Fee
a. Common area improvements in planned unit developments, including but not limited to recreational facilities (other than those covered by building fees) landscaping and irrigation, underground structures and utilities, curb and gutter, paving, sidewalks and other walkways and lighting.

3.0% of the approved engineers' estimated costs of
construction of improvements including a 10% contingency

3.0% of the approved engineers' estimated costs of construction of improvements including a 10% contingency
b. Improvements in commercial and industrial developments, including but not limited to landscaping, and irrigation, underground structures and utilities, curb and gutter, paving, sidewalks and other walkways and lighting

3.0% of the approved engineers' estimated costs of
construction of improvements including a 10% contingency

3.0% of the approved engineers' estimated costs of construction of improvements including a 10% contingency
PW-02 Minor Land Division Fees $80.75 Application Fee plus Actual Cost* $83.95 Application Fee plus Actual Cost* (Requires a deposit of 3% of the estimated construction cost with a $5,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
(Requires a deposit of 3% of the estimated construction cost with a $5,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
PW-03 Transportation Permit Per CA Vehicle Code 35795 - $16.00 per trip or $90.00 annual permit
Per CA Vehicle Code 35795 - $16.00 per trip or $90.00 annual permit PW-04 Storm Drain Pumping Capacity Fee $443.55 per acre chargeable against undeveloped land$461.25 per acre chargeable against undeveloped land PW-05 Water Storage Tank Capacity Fee $1,908.10 per acre chargeable against undeveloped land $1,984.40 per acre chargeable against undeveloped land PW-06 Banner Application Permit Fee $162.50 Application Fee plus $750.00 required deposit$169.00 Application Fee plus $750.00 required deposit PW-07 Sidewalk Maintenance Administration Fee
a. R-1 $403.75 per incident $419.90 per incident
b. Others $403.75 per incident (or Actual Cost*) $419.90 per incident (or Actual Cost*) PWE-01 Encroachment Permit/Non-Utility $164.70 Application Fee plus Actual Cost* $171.25 Application Fee plus Actual Cost* (Requires a deposit of 5% of the estimated construction cost with a $1,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
(Requires a deposit of 5% of the estimated construction cost with a $1,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
PWE-02 Encroachment Permit/Temporary placement of a debris box $54.85 $57.00 PWE-03 Encroachment Permit/Utility $164.70 Application Fee plus Actual Cost* $171.25 Application Fee plus Actual Cost* PWE-04 Business Stormwater Inspection Fee Rate of Sr. Engineering Technician or Actual Cost* Rate of Sr. Engineering Technician or Actual Cost* FOOTNOTE:
"Actual Cost" is charged against the required deposit.
* "Actual Cost" is time and materials, including all direct and indirect overhead costs.

For work requiring an outside consultant, the City will be reimbursed at the rate of the consultant plus 15% for administration.

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REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23

POLICE
PD-01 Municipal Ordinance Enforcement (Police Enforcement Only) $83.95 (or Actual Cost*) $87.30 (or Actual Cost*) PD-02 Parking Enforcement Per attached Parking Violations Fine Schedule E, plus $3.00 State parking penalty assessmentPer attached Parking Violations Fine Schedule A, plus $3.00 State parking penalty assessment
PD-03 Vehicle Code Enforcement Per Current CA State Court Approved Bail Schedule Per Current CA State Court Approved Bail Schedule PD-04 Abandoned Vehicle
a. Mark $0.00 $0.00
b. Tow $254.30 $264.45
PD-05 Police Security Alarm Response - Standard Response 1st False Alarm $0.00 $0.00
2nd False Alarm $60.35 $62.75
3rd Alarm $123.85 $128.80
4th Alarm $123.85 $128.80
5th Alarm $219.50 $228.25
6th and 7th Alarm $219.50 $228.25
8th Alarm and thereafter $314.15 each $326.70 each
PD-06 Police Security Alarm Response - High Risk Response 1st False Alarm $0.00 $0.00
2nd False Alarm $780.30 $811.50
3rd False Alarm $936.35 $973.80
4th False Alarm $1,093.45 $1,137.15
5th False Alarm $1,249.50 $1,299.45
6th False Alarm $1,405.55 $1,461.75
7th False Alarm $1,562.65 $1,625.15
8th Alarm and thereafter $1,718.70 each $1,787.40
PD-07 Fingerprinting $40.50/per card $42.10/per card
PD-08 Report copying (including reports for Property Damage, Minor Accident or Injury Accident) a. 1-2 Pages $4.35 $4.52
b. 3-9 Pages $4.88 $5.07
c. 10+ pages $6.04 $6.28
PD-09 DUI Emergency Cost Recovery Government Code-Emergency Response Cost reimbursement up to $12,000
Government Code-Emergency Response Cost reimbursement up to $12,000 PD-10 Solicitor Review
Non-Profit $66.90 $69.55
For-Profit (Initial Review) $133.90 $139.25
For-Profit (Renewal) $44.95 $46.70
PD-11 Enforcement Vehicle Tow $64.70 $67.25
PD-12 Booking Fee Per Current San Mateo County Charges Per Current San Mateo County Charges PD-13 Local Records Check $31.80 $33.05
PD-14 Court Ordered Record Sealing $94.75 $98.50
PD-15 Records check processing Federal / State actual charges Federal / State actual charges PD-16 Concealed Weapon Permit Processing (non-refundable) $258.05 $268.35 PD-17 Massage Permit
- New permit $212.25 $220.70
- Renewed permit $88.45 $91.95
PD-18 Massage Parlor Permit
- New permit (1 to 4 employees) $321.50 $334.35
- Renewed permit (1 to 4 employees) $131.05 $136.25
- New permit (5+ employees) $517.10 $537.75
- Renewed permit (5+ employees) $258.00 $268.30
PD-19 Planning Application Review and Inspection Services - Police Actual Costs * Actual Costs * PD-20 Video/Audio Duplication $34.95 $36.30
PD-21 Vehicle Repossession Fee -Per California Vehicle Code $20.00 $20.00 FOOTNOTE:
"*" "Actual cost" is the time and materials, including all direct and indirect overhead costs.

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REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23
FIRE

PARKS & RECREATION
PR-01 Adult Special Interest Class Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-02 Youth Special Interest Class Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-03 Day Camp Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-04 Pre-School Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-05 City Adult Sports Program Per current City Sports Package (NOTE 3) Per current City Sports Package (NOTE 3) PR-06 Private Youth/Adult Sports Coordination & Field MaintenanceRefer to Municipal Code 12.16.090 for Classification Refer to Municipal Code 12.16.090 for Classification Classification A $ 0.00 $ 0.00
Classification B $ 0.00 $ 0.00
Classification C $15.10 per hour $15.70 per hour
Classification D $15.10 per hour $15.70 per hour
Classification E $15.10 per hour $15.70 per hour
PR-07 City Youth Sports Organization Coordination & Field Maintenance $0.00 $0.00 PR-08 Summer Parks Youth Program Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-09 Trips and Tours Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-10 Recreation Building Rental Per attached Schedule B Per attached Schedule B PR-11 Elementary School Recreation Rental Per attached Schedule B Per attached Schedule B PR-12 Senior Citizen Programs Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-13 Library Building Maintenance Per Lease Agreement Per Lease Agreement PR-14 Parks & Recreation Concessions Per Contract Per Contract PR-15 Library Community Center Rental Per attached schedule Per attached Schedule B PR-16 Park Fees Per attached schedule Per attached Schedule B PR-17 Sports Field Rental Per attached schedule Per attached Schedule B PR-18 Special Event Fees Per attached schedule Per attached Schedule B PR-19 Council Chambers Rental / Video Production Services Per attached schedule Per attached Schedule B NOTE 3: The Recreation Division sets activity fees according to :

Per attached San Mateo Consolidated Fire Fees - To Be Published Fall 2022

1. Competing fees in other cities and colleges.

2. Session length and length of class time per meeting.

3. Class enrollment statistics regarding an activity and the fees that were charged for that activity.

4. Commensurate with instructor's qualification and experience.

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REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23

PUBLIC WORKS
PWWA-01 Water Service
a. 5/8" X 3/4" $24.80 See separate staff report March 28, 2022 b. 3/4" $24.80 See separate staff report March 28, 2022 c. 1" $41.33 See separate staff report March 28, 2022
d. 1 1/2" $99.20 See separate staff report March 28, 2022 e. 2" $132.27 See separate staff report March 28, 2022 f. 3" $289.33 See separate staff report March 28, 2022 g. 4" $520.80 See separate staff report March 28, 2022 h. 6" $1,157.33 See separate staff report March 28, 2022 i. 8" $1,984.00 See separate staff report March 28, 2022 j. Water consumption rates - per hundred cubic feet (ccf) of water consumed
1) Base Consumption Rate $6.04 See separate staff report March 28, 2022 2) Single Family Residential Consumption Rate
a) 0-20 ccf bi-monthly $5.92 See separate staff report March 28, 2022 b) Over 20 ccf bi-monthly $6.55 See separate staff report March 28, 2022 3) Multi-Family Residential Consumption Rate
a) 0 to 10 ccf per living unit bi-monthly $5.92 See separate staff report March 28, 2022 b) Over 10 ccf per living unit bi-monthly $6.57 See separate staff report March 28, 2022 4) Irrigation Customer Consumption Rate
a) Up to 100% of Annual Water Budget $5.92 See separate staff report March 28, 2022 b) Over 100% of Annual Water Budget $6.51 See separate staff report March 28, 2022 5) Commercial and Private Fire Line Customer Consumption Rate $6.04 See separate staff report March 28, 2022 a. Private fire protection services - water availability charge (if a meter is not present, the size of the fire service line will be used as a basis for the charge):
1) 3/4" meter $34.72 See separate staff report March 28, 2022 2) 1" meter $34.72 See separate staff report March 28, 2022 3) 1 1/2" meter $34.72 See separate staff report March 28, 2022 4) 2" meter $46.38 See separate staff report March 28, 2022 5) 3" meter $101.18 See separate staff report March 28, 2022 6) 4" meter $182.28 See separate staff report March 28, 2022 7) 6" meter $404.98 See separate staff report March 28, 2022 8) 8" meter $694.40 See separate staff report March 28, 2022 PWWA-02 Water Service Connection:
a. 3/4" meter $11,611 See separate staff report March 28, 2022 b. 1" meter $19,390 See separate staff report March 28, 2022 c. 1-1/2" meter $46,443 See separate staff report March 28, 2022 d. 2" meter $61,885 See separate staff report March 28, 2022 e. 3" meter $135,499 See separate staff report March 28, 2022 f. 4" meter $243,827 See separate staff report March 28, 2022 g. 6" meter $541,875 See separate staff report March 28, 2022 h. 8" meter $928,864 See separate staff report March 28, 2022 PWWA-03
a. Account Set Up Fees $39.85 $41.40
1) RUSH Service-on/off within 90 minutes within Regular Hours $49.60 $51.55 2) RUSH Service-on/off within 90 minutes during Non-Regular hours $99.45 $103.40 b. Reconnection charge after disconnection for nonpayment:
1) Regular hours $49.60 $51.55
2) Non-Regular Hours $99.45 $103.40
c. Reconnection charge after voluntary disconnection:
1) Regular hours $49.60 $51.55
2) Non-Regular Hours $99.45 $103.40
d. Customer initiated Turn-on/Turn off (per incident)
1) Regular hours $49.60 $51.55
2) Non-Regular Hours $99.45 $103.40
PWWA-04 Water Meter Test $383.50 deposit is required $398.80 deposit is required a. When a customer requests the test and the meter is found to be defective $0.00 (deposit will be refunded) $0.00 (deposit will be refunded) b. When a customer requests the test and the meter is found NOT to be defective $190/hour (2 Hours minimum) $198/hour (2 Hours minimum) PWWA-05 Water Leak Investigation $190 deposit is required $198 deposit is required a. When a customer requests a water leak investigation, and the leak is found to be on the City side of the water meter
$0.00 (deposit will be refunded) $0.00 (deposit will be refunded) b. When a customer requests a water leak investigation, and the leak is found to be on the Private Property side of the water meter $190/hour (30 minutes minimum) $198/hour (30 minutes minimum) Water Turn on / Off (Regular Hours: Business Day-8 AM to 3:30 PM. Non-Regular Hours: All other hours that is not regular hours)

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Fiscal Year 2022-23
PWWA-06 Water Meters (including installation)
a. 3/4" Actual Meter Cost + $190 / hour installation fee (1 hour minimum)
Actual Meter Cost + $198 / hour installation fee (1 hour minimum) b. 1" Actual Meter Cost + $190 / hour installation fee (1 hour minimum)
Actual Meter Cost + $198 / hour installation fee (1 hour minimum) c. 1-1/2" Actual Meter Cost + $190 / hour installation fee (1 hour minimum)
Actual Meter Cost + $198 / hour installation fee (1 hour minimum) d. 2" Actual Meter Cost + $380/ hour installation fee (1 hour minimum)
Actual Meter Cost + $396/ hour installation fee (1 hour minimum) e. 3" Actual Meter Cost + $380/ hour installation fee (1 hour minimum)
Actual Meter Cost + $396/ hour installation fee (1 hour minimum) f. 4" Actual Meter Cost + $380/ hour installation fee (1 hour minimum)
Actual Meter Cost + $396/ hour installation fee (1 hour minimum) g. 6" Actual Meter Cost + $380/ hour installation fee (1 hour minimum)
Actual Meter Cost + $396/ hour installation fee (1 hour minimum) h. 8” and larger Water Meter Actual meter and labor cost Actual meter and labor cost PWWA-07 Water Conservation Measures Violation
First Violation $100.00 $100.00
Second Violation $200.00 $200.00
Third and Subsequent Violation(s) within one year $500.00 per violation $500.00 per violation Reactivating water service due to water conservation measures violation $100.00 per reactivation $100.00 per reactivation PWWA-08 Fire Hydrant Testing (per hydrant) $248.00 $257.00 PWWA-09 Temporary Hydrant Meter Application Fee & Deposit Application Fee $62.40 $64.85
Meter Deposit $1,557.00 $1,557.00
Meter Deposit processing charge
(based on issuance date of meter)
Return within 1 month or less- charge 10% of deposit
Return within 3 months or less- charge 15% of deposit
Return within 6 months or less- charge 20% of deposit
Return within 12 months or less- charge 25% of deposit
Return within 1 month or less- charge 10% of deposit
Return within 3 months or less- charge 15% of deposit
Return within 6 months or less- charge 20% of deposit
Return within 12 months or less- charge 25% of deposit
Water Deposit $1,500.00 $1,500.00
Water Usage Charge See PWWA-01 See PWWA-01
Meter Charge See PWWA-06 See PWWA-06
PWWW-01 Sewer Service
A. Sewer Service Connection Fees
1) Single Family Residence $8,120.00 per dwelling unit (=1 EDU) $8,444.80 per dwelling unit (=1 EDU) 2) Multi Family $5,073.00 per dwelling unit (=0.625 EDUs) $5,275.90 per dwelling unit (=0.625 EDUs) 3) Commercial $8,120.00 per EDU (as calculated below) $8,444.80 per EDU (as calculated below) Low Strength Low Strength EDUs = est. gpd[1] ÷ 200[2] x 0.65[3] Low Strength EDUs = est. gpd[1] ÷ 200[2] x 0.65[3] Medium Strength Med. Strength EDUs = est. gpd[1] ÷ 200[2] x 1.00[3] Med. Strength EDUs = est. gpd[1] ÷ 200[2] x 1.00[3] High Strength High Strength EDUs = est. gpd[1] ÷ 200[2] x 2.84[3] High Strength EDUs = est. gpd[1] ÷ 200[2] x 2.84[3] B. Sewer Service Monthly Service Rates:
1) Residential:
a) Single Family $111.21 $127.06
b) Duplex (per dwelling unit) $93.42 $106.73
c) Townhouse (per dwelling unit) $93.42 $106.73
d) Apartment / Condominium (per dwelling unit) $93.42 $106.73 2) Commercial/Institutional:
a) Low Strength (per unit of water billed) $4.67 $5.34 b) Medium Strength (per unit of water billed) $7.11 $8.12 c) High Strength (per unit of water billed) $20.21 $23.09 C. Sewer Availability Charges
1) Parcels 1 acre and larger (per acre per year) $630.50 $720.35 2) Parcels less than 1 acre (per acre per year) $322.00 $367.85 PWM-01 Utility Street Use $0.00 $0.00
PWM-02 Private Refuse Utility Street Use Per Franchise Agreement Per Franchise Agreement PWM-03 Street Lighting | NO | | NO |
PWM-04 Street and Easement Landscaping | CITY- | | CITY- | PWM-05 Median Maintenance | WIDE | | WIDE | PWM-06 Cul-de-Sac Maintenance | ASSESSMENTS | | ASSESSMENTS | PWM-07 Street Sweeping | AT | | AT |
PWM-08 Storm Drainage | THIS | | THIS |
PWM-09 Neighborhood Park Maintenance | TIME | | TIME | PWM-10 Fat, Oil and Grease (FOG) Monitoring Program (Waste Discharge Permit Annual Fee) A. Class A (Industry) Waste Discharge Permit Annual Fee $499.00 per permit pass-through fee from San Mateo Source Control Inspectors
$504.49 per permit pass-through fee from
San Mateo Source Control Inspectors
B. Class B (Restaurant) Waste Discharge Permit Annual Fee $345 per permit pass-through fee from San Mateo Source Control Inspectors
$348.80 per permit pass-through fee from
San Mateo Source Control Inspectors
C. Analytical Services Fee Actual Cost pass-through fee from San Mateo Source Control Inspectors
Actual Cost pass-through fee from
San Mateo Source Control Inspectors
[1] est. gpd = commercial customer's estimated gallons per day of indoor water use [2] Estimated gallons per day of single family indoor water use [3] Strength factors based on baseline single family strengths of 240 mg/L of BOD and 240 mg/L of TSS mg/L = milligrams/liter
BOD = Biochemical Oxygen Demand
TSS = Total Suspended Solids

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REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23

HUMAN RESOURCES
HR-01 CalOpps
CalOpps Join Fee for Full Membership (One-time set up fee) $6,242.00 $6,491.00 Annual Fee for Full Membership $3,641.00 $3,786.00
Per-Posting Fee (Advertise Only) $520.00 $540.00

MISCELLANEOUS
MISC-01 New Business License Review $33.65 $35.00
State Mandated Disability Access Fee (each Business Tax Application and renewal) Per Senate Bill No. 1186 - $4.00 Per Senate Bill No. 1186 - $4.00 Business License for branches $25/address $25/address
Business License -reprinting $25/certificate $25/certificate MISC-02 Returned Deposit Processing Per CA Civil Code 1719 - $25 for first and $35 for each subsequent deposit
Per CA Civil Code 1719 - $25 for first and
$35 for each subsequent deposit
MISC-03 Check Stop Payment & Replacement Actual costs Actual costs MISC-04 Document Printing and Copying
Photocopying $4.66 for 1st page, $0.25 for each additional page $4.75 for 1st page, $0.25 for each additional page Large Documents $4.66 first page, $0.91 for each additional page $4.84 first page, $0.94 for each additional page Special Maps $4.66 first page, $1.67 for each additional page $4.84 first page, $1.73 for each additional page Blueprint $4.66 first page, $0.91 for per sq ft $4.84 first page, $0.94 for per sq ft MISC-05 Document Certification (Per document) $16.20 $16.80 MISC-06 Records & Information Research $98.00 $101.90
MISC-07 Agenda/Minute Mailing
Agendas $87.30/per year $90.75/per year
Agendas & Minutes $141.50/per year $147.15/per year
Planning Commission Agendas $84.25/per year $87.60/per year MISC-08 Repair of City Property 100% of Dir. Exp. + Overhead 100% of Dir. Exp. + Overhead MISC-09 Microfilm Printout (Per document) $16.00 $16.60 MISC-10 Video / Audio Duplication (DVD, VHS, Cassette) Actual costs Actual costs MISC-11 For services requested of City Staff for which no fee is listed in this Master Fee Schedule, the appropriate fee hourly rates for staff time involved in the service
Per attached Schedule C Per attached Schedule C
MISC-12 For services requested of Outside Consultant, the City will be reimbursed at the rate of the consultant plus 15% for administration.

Actual costs + 15% Administration Cost Actual costs + 15% Administration Cost MISC-13 Outgoing Wire Fee $60/wire $60/wire

132
DATE: March 28, 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: Edmund Suen, Finance Director
Mimi Lam, Financial Services Manager
SUBJECT: UPDATES TO MASTER FEES AND SERVICE CHARGES
SCHEDULE FOR FY 2022-2023

RECOMMENDATION
It is recommended that the City Council/EMID Board provide policy direction, by Minute Order, regarding changes to the Master Fees and Service Charges Schedule as part of the FY 2022-2023 budget.

EXECUTIVE SUMMARY
City/District staff is recommending changes to the Master Fees and Service Charges Schedule (Schedule). A 4% increase in most fees is recommended as cost recovery for increases in personnel costs and service and supply costs that support the provision of services. In addition, the Community Development Department recommends modifying the existing General Plan and Zoning fee in order to accumulate resources to do a future comprehensive update of the General Plan. The Parks and Recreation Department is proposing 1) Bocce Court rental rate amendment from $20/hour to $26/hour; 2) new outdoor volleyball court rental fees at Catamaran Park and Boothbay Park of $26/hour and 3) a new fee structure 303
Attachment 4
133
for Leo J. Ryan Park amphitheater rentals. There is also a separate report tonight seeking EMID Board’s approval of proposed water rate increases for Proposition 218 noticing.

BACKGROUND
As part of the annual budget process, the City Council/EMID Board reviews the Master Fees and Service Charges Schedule. The schedule includes all services and charges that are charged by the City/District in providing services to the community. Fees such as building permit fees, encroachment permits, inspections, fingerprinting, water meters, copying and duplication charges are examples of the type of fees charged to residents and businesses. The schedule is subject to a public hearing prior to adoption. The City Council/EMID Board has historically reviewed the schedule as part of its annual Budget Study Session. Based on City Council/EMID Board direction, City/District staff will prepare the necessary staff report regarding changes to the Master Fees and Service Charges Schedule and publish the proper notices for a public hearing to be held at the April 18, 2022 regular meeting.

At the conclusion of the public hearing, the City Council/EMID Board then adopts the Master Fees and Service Charges Schedule, which goes into effect on July 1, 2022. In accordance with State law, all service-related fees are to be based upon the cost of providing such services. The basis for many of the fees in the Schedule is from the cost allocation plan and fee study that was performed in 2017 and adjusted annually for normal cost escalation and inflation incurred by the City/District.

ANALYSIS
The proposed Master Fees and Service Charges Schedule for FY 2022-2023 is provided in Attachment 1 and includes proposed staff billing rates for fees that are calculated on a time and materials basis.

Overall Increases
The recommendation is that most fees be raised by 4% based on the higher costs of providing services by the City/District; which is driven primarily from increased personnel costs, as well as the cost of supplies and services that support the delivery of those services to the community. 304
134
Utility Rates – Water and Wastewater Services
In a separate report this evening, the EMID Board will review a Water and Wastewater Rate Analysis. Based on the Board’s direction for that item, staff will proceed with a Proposition 218 notice (minimum 45 days in advance of a public hearing) of the recommended rates for a June 6, 2022 public hearing.

Department Fees – Community Development Department
In addition to the 4% general increase for most fees, the Community Development Department is proposing adjustments to its General Plan and Zoning fee. The adjustments are presented in Attachment 2.

Department Fees – Parks and Recreation Department
In addition to the 4% general increase in most fees, the Recreation Division is proposing fee amendments for 1) Bocce Court rental rate amendment from $20/hour to $26/hour; 2) new outdoor volleyball court rental fees at Catamaran Park and Boothbay Park of $26/hour and 3) a new fee structure for Leo J. Ryan Park amphitheater rentals. These adjustments are presented in Attachment 3.

FISCAL IMPACT
If the Master Fees and Service Charges Schedule is adopted on April 18, 2022, it will become effective July 1, 2022. A separate public hearing is scheduled on June 6, 2022 on the water and wastewater rates (based on the minimum 45 day notice requirement).

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This item is in alignment with the City Council's Vision Statement for a Sustainable Foster City under the economic sustainability framework.

Attachments:
Attachment 1 - Proposed Master Fees and Service Charges Schedule for FY 2021-2022
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135
Attachment 2 - Community Development Recommended Changes to its Fees and Charges
Attachment 3 - Parks and Recreation Recommended Changes to its Fees and Charges
306
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Current
REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees Community Development
CDB-01 Building Permit Fees (Based on valuation)
A) $1 to 500 $49.20 $51.15
B) $501 to 2,000 $49.20 for the first $500,
+ $6.20 for each additional $100 or
fraction thereof, to and including $2,000
$51.15 for the first $500,
+ $6.45 for each additional $100 or
fraction thereof, to and including $2,000
C) $2,001 to 25,000 $146.70 for the first $2,000,
+ $29.60 for each additional $1,000 or
fraction thereof, to and including $25,000
$152.55 for the first $2,000,
+ $30.75 for each additional $1,000 or
fraction thereof, to and including $25,000
D) $25,001 to 50,000 $831.00 for the first $25,000,
+ $20.60 for each additional $1,000 or
fraction thereof, to and including $50,000
$864.20 for the first $25,000,
+ $21.40 for each additional $1,000 or
fraction thereof, to and including $50,000
E) $50,001 to 100,000 $1,349.65 for the first $50,000,
+ $14.65 for each additional $1,000 or
fraction thereof, to and including $100,000
$1,403.60 for the first $50,000,
+ $15.20 for each additional $1,000 or
fraction thereof, to and including $100,000
F) $100,001 to 500,000 $2,096.60 for the first $100,000, + $11.50 for each additional $1,000 or
fraction thereof, to and including $500,000
$2,180.45 for the first $100,000,
+ $11.95 for each additional $1,000 or
fraction thereof, to and including $500,000
G) $500,001 to 1,000,000 $6,792.54 for the first $500,000, + $9.90 for each additional $1,000 or
fraction thereof, to and including $1,000,000
$7,064.20 for the first $500,000,
+ $10.30 for each additional $1,000 or
fraction thereof, to and including $1,000,000
H) $1,000,000 and up $11,814.75 for the first $1,000,000, + $5.90 for each additional $1,000 or fraction thereof
$12,287.30 for the first $1,000,000,
+ $6.10 for each additional $1,000 or fraction thereof
I) Solar (Photovoltaic) Panels Exempt from Building Permit Fees. Exempt from Building Permit Fees.

J) General Plan and Title 15 Building and Title 17 Zoning Ordinance Maintenance Fees 1) $1 to $500 5% of the application value No Fee
2) $501 to $25,000 $30.20 + 0.25% of the application value above $500 See CDB-01 J-6 3) $25,001 and up $104.85 + 0.10% of the application value above $25,000 See CDB-01 J-6 4) Accessory Dwelling Units (New) No Fee
5) Affordable Housing Projects that are 100% income restricted (New) No Fee 6) $501 and up 0.50% of the application value above $500 K) Kitchen Remodel Flat Rate $367.00 $381.65
L) Single Bathroom Remodel Flat Rate $294.00 $305.75
CDB-02 Plumbing Permit Fees
Per Unit Fee Schedule (Plumbing)

1. For each trap $25.35 $26.35

2. For each building sewer system $54.55 $56.70

3. For each building water system $25.35 $26.35

4. For each rainwater system per drain $25.35 $26.35

5. For each water heater or vent $25.35 $26.35

6. For each gas piping system (1-5 outlets) $4.00 $4.15

7. For each gas outlet over 5 (per outlet) $4.00 $4.15

8. For each interceptor or grease trap $25.35 $26.35

9. For each repair to a water system $25.35 $26.35

10. For each repair to a drain/vent $25.35 $26.35

11. For each check/backflow (2" or smaller) $25.35 $26.35

12. For each check/backflow (over 2") $54.55 $56.70

13. For each vacuum breaker (1-5) $17.75 $18.45

14. For each vacuum breaker over 5 $4.00 $4.15

15. For fire sprinkler systems $14.10 $14.65

16. For medical gas piping system $183.10 $190.40

17. For each medical gas outlet $17.75 $18.45

18. For graywater system $145.35 $151.15

19. For Plumbing per valuation $10.93 per each $1,000 in valuation or fraction thereof $11.36 per each $1,000 in valuation or fraction thereof

20. Permit Issuance Fee $86.05 $89.45

21. Supplemental Permit Issuance Fee (per application) $86.05 $89.45 CDB-03 Mechanical Permit Fees
Per Unit Fee Schedule (Mechanical)

1. For each furnace/heat pump to 100,000 BTU $53.95 $56.10

2. For each furnace/heat pump over 100,000 BTU $66.15 $68.80

3. For each floor furnace $53.95 $56.10

4. For each suspended or wall furnace $53.95 $56.10

5. For each appliance vent $25.95 $26.95

6. For repair to a heating or cooling appliance. $49.00 $50.95

7. For each boiler/comp. to 100,000 BTU (3hp) $53.30 $55.40

8. For each boiler/comp. over 100,000 BTU (15hp) $99.30 $103.25

9. For each boiler/comp. over 500,000 BTU (30hp) $135.35 $140.75

10. For each boiler/comp. over 1,000,000 BTU (50hp) $203.20 $211.30

11. For each boiler/comp. over 1,750,000 BTU (over 50 hp) $337.45 $350.95

12. For each AC unit up to 10,000 CFM $38.50 $40.00

13. For each AC unit over 10,000 CFM $65.84 $68.45

14. For each single duct vent fan $25.95 $26.95

15. For each ventilation system $38.50 $40.00

16. For each hood $38.50 $40.00

17. For each domestic type incinerator $66.15 $68.80

18. For each commercial type incinerator $52.90 $55.00

19. For any other appliance $38.50 $40.00

20. Permit Issuance Fee $86.05 $89.45

21. Fireplace Inserts $37.75 $39.25

22. Freestanding Stove $37.75 $39.25

23. For Mechanical per valuation $10.93 per each $1,000 in valuation or fraction thereof $11.36 per each $1,000 in valuation or fraction thereof

24. Supplement Permit Issuance Fee (per application) $86.05 $89.45 City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23

Attachment 1
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Current
REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23
CDB-04 Electrical Permit Fees
Per Unit Fee Schedule (Electrical)

1. For each receptacle/switch/fixture $2.58 $2.68

2. For each circuit $2.58 $2.68

3. For each fixed electrical appliance $10.91 $11.34

4. For each new service to 200 amps $67.40 $70.05

5. For each new service 200 to 1,000 amps $136.65 $142.10

6. For each service upgrade 0 to 1,000 amps $91.20 $94.80

7. For each service upgrade over 1,000 amps $273.50 $284.40

8. For each additional meter $1.50 $1.56

9. For each temporary power pole $54.55 $56.70

10. For each circuit for a sign $54.55 $56.70

11. For each sub-panel $40.10 $41.70

12. For each pool/spa/hot-tub $54.60 $56.75

13. For each electric water heater $10.90 $11.30

14. For each electric heater $10.90 $11.30

15. For each motor 0 to 1 HP $10.90 $11.30

16. For each motor 2 to 10 HP $27.15 $28.20

17. For each motor 11 to 50 HP $54.60 $56.75

18. For each motor 51 to 100 HP $109.25 $113.60

19. For low voltage/wireless per $100 val. $10.90 $11.30

20. For each busway $10.90 $11.30

21. For each miscellaneous $27.15 $28.20

22. For Electrical per val. $10.93 per each $1,000 in valuation or fraction thereof$11.36 per each $1,000 in valuation or fraction thereof

23. Permit Issuance Fee $86.05 $89.45

24. Supplement Permit Issuance Fee $86.05 $89.45
CDB-05 Grading Permit Fees

1. Grading Permit for up to 50 cu. yds. $86.05 $89.45

2. Grading Permit for 51-100 cu. yds. $134.20 $139.55

3. Grading Permit for 101-1,000 cu. yds. $130.40 + $61.80/ for each 100 yd³ $135.60 + $64.25/ for each 100 yd³

4. Grading Permit for 1,001-10,000 cu. yds. $674.20 + $294.70/each 1,000 yds³ $701.15 + $306.45/each 1,000 yds³

5. Grading Permit for 10,001-100,000 cu. yds. $3,252.20 + $129.05/each 10,000 yd³ $3,382.25 + $134.20/each 10,000 yd³

6. Plan Review Fees for Grading Projects (formerly fee type CDB-06) a. Plan Review for up to 50 cu. yds. No Fee No Fee
b. Plan Review for 51-100 cu. yds. $86.05 $89.45
c. Plan Review for 101-1,000 cu. yds. $132.50 $137.80
d. Plan Review for 1,001-10,000 cu. yds. $177.75 $184.85 e. Plan Review for 10,001-100,000 cu. yds. $179.85 + $87.05 /each 10,000 yd³ $187.00 + $90.50 /each 10,000 yd³ f. Plan Review for 100,001-200,000 cu. yds. $966.45 + $47.95/each 10,000 yd³ $1.005.10 + $49.85/each 10,000 yd³ g. Plan Review for 200,001 or more $1,449.10 + $25.65/each 10,000 yd³ $1,507.05 + $26.65/each 10,000 yd³ CDB-06 Grading Plan Fees Per Uniform Building Code-Current Edition Per Uniform Building Code-Current Edition CDB-07 Penalty Fee - Building Division
a. R-1 $300.75 processing fee, + 200% of the permit fee $312.75 processing fee, + 200% of the permit fee b. Others $757.15 processing fee, + 200% of the permit fee $787.40 processing fee, + 200% of the permit fee CDB-08 Micro/Filming Processing Fee $3.39/Plan Sheet $3.52/Plan Sheet $1.72 /Document Sheet (Less than 8 1/2" x 14") $1.78 /Document Sheet (Less than 8 1/2" x 14") CDB-09 Administrative Fee $12.17 Min. (or Actual Cost*) $12.65 Min. (or Actual Cost*) CDB-10 Technology Fee $4.65 per application + $.77 per each $1,000 in valuation or fraction thereof
$4.80 per application + $.80 per each $1,000 in valuation or fraction thereof
CDB-11 Permit Processing Fee $45.00 $46.80
CDM-01 Miscellaneous Fees

1. Reinspection Fee Actual Cost Actual Cost

2. After hours inspections / inspections outside of normal hours Actual overtime cost, including overhead, 4 hour minimum
Actual overtime cost, including overhead,
4 hour minimum

3. Strong Motion Instrumentation and Seismic Hazard Mapping FeePer state of California Department of Conservation latest edition 2004 fees:

Category 1 Construction (all Residential under 3 stories):
$13.00 per $100,000 permit valuation;
Category 2 Construction (Residential over 3 stories, all Commercial): $28.00 per $100,000 permit valuation
Per state of California Department of Conservation latest edition 2004 fees:

Category 1 Construction (all Residential under 3 stories): $13.00 per $100,000 permit valuation;
Category 2 Construction (Residential over 3 stories, all Commercial):
$28.00 per $100,000 permit valuation
Required deposit: $50.00 per ton of debris estimated to be generated by project.

Required deposit: $50.00 per ton of debris estimated to be generated by project.

All Projects: If calculation is
less than $1,000, then minimum deposit is $1,000.

All Projects: If calculation is
less than $1,000, then minimum deposit is $1,000.

Residential Projects: If calculation exceeds $10,000, then $10,000 is the maximum deposit.

Residential Projects: If calculation exceeds $10,000, then $10,000 is the maximum deposit.

Commercial Projects: If calculation exceeds $30,000, then $30,000 is the maximum deposit.

Commercial Projects: If calculation exceeds $30,000, then $30,000 is the maximum deposit.

5. Request for author's release of plans. $30.90 base fee $32.10 base fee

6. Building Standards Administration Special Revolving Fund Per current state of California-State and Consumer Services Agency-Building Standards Commission valuation schedule
Per current state of California-State and Consumer Services Agency- Building Standards Commission valuation schedule

7. C&D Application Fee
a. C&D Application Fee - Roof $121.70 $126.55
b. C&D Application Fee - Others $341.05 $354.65
CDP-01 Plan Checking Fees
1st Plan Check 70% of building fee 70% of building fee
2nd Plan Check No additional cost No additional cost
3rd and following Actual Cost Actual Cost

4. Construction and Demolition Debris Recycling Deposit. Note: A pro-rata deposit refund is made for diversion rates less than required by ordinance.

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REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23
CDP-02 Preliminary Project Review Fees
a. City Council/Planning Commission Review Actual Cost* Subject to a minimum $2,000 Deposit at time of filing
Actual Cost* Subject to a minimum $2,000 Deposit at time of filing b. Staff Review Actual Cost* Subject to a minimum $1,000 Deposit at time of filing
Actual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-03 General Plan Amendment Fees Actual Cost* Subject to a minimum $5,000 Deposit at time of filing
Actual Cost* Subject to a minimum $5,000 Deposit at time of filing CDP-04 Variance Fees Actual Cost* Subject to a minimum $2,000 Deposit at time of filing
Actual Cost* Subject to a minimum $2,000 Deposit at time of filing CDP-05 Zoning Text/Map Amendment Fees Actual Cost* Subject to a minimum $5,000 Deposit at time of filing
Actual Cost* Subject to a minimum $5,000 Deposit at time of filing CDP-06 Use Permit Modification Fees
a. Administrative Minor Use Permit Modification (e.g. paint change, landscape modifications, prototype amendments and other improvements per Section 17.06.030 of Title 17 Zoning of Foster City Municipal Code) Actual Cost* Subject to a minimum $500 Deposit at time of filing
Actual Cost* Subject to a minimum $500 Deposit at time of filing b. Administrative Major Use Permit Modification (e.g. Façade and site improvements)
Actual Cost* Subject to a minimum $3,000 Deposit at time of filing
Actual Cost* Subject to a minimum $3,000 Deposit at time of filing c. Planning Commission/City Council Use Permit Modification (e.g. Use Permit list, facade upgrades to existing commercial/office buildings) Actual Cost* Subject to a minimum $3,000 Deposit at time of filing
Actual Cost* Subject to a minimum $3,000 Deposit at time of filing CDP-07 Use Permit Fees
a. Administrative Use Permit (e.g. changes to existing wireless facility)Actual Cost* Subject to a minimum $750 Deposit at time of filing
Actual Cost* Subject to a minimum $750 Deposit at time of filing b. Planning Commission/City Council Use Permit (e.g. Residential Additions to Waterfront properties, Conditional Use Permits, new wireless facility)
Actual Cost* Subject to a minimum $3,000 Deposit at time of filing
Actual Cost* Subject to a minimum $3,000 Deposit at time of filing c. Use Permit accompanying Specific Development Plan per Section

17.36.050 Title 17 Zoning of Foster City Municipal Code Actual Cost* Subject to a minimum $5,000 Deposit at time of filing
Actual Cost* Subject to a minimum $5,000 Deposit at time of filing d. Density Bonus Fees per Section 17.86.040 of Title 17 Zoning of Foster City Municipal Code
Actual Cost* Subject to a minimum $500 Deposit at time of filing
Actual Cost* Subject to a minimum $500 Deposit at time of filing CDP-08 Architectural Review Fees (Excluding Solar Panels, which are exempt)
a. Administrative Minor Architectural Review (e.g. windows, decks, fences, front yard paving, skylights, accessory structures)
Actual Cost* Subject to a minimum $750 Deposit at time of filing
Actual Cost* Subject to a minimum $750 Deposit at time of filing b. Administrative Major Architectural Review (e.g. additions to non-water front homes or residential additions less than 400 SF)
Actual Cost* Subject to a minimum $2,000 Deposit at time of filing
Actual Cost* Subject to a minimum $2,000 Deposit at time of filing c. Planning Commission Architectural Review per Section 2.28.100 of Title 2 of the Foster City Municipal Code
Actual Cost* Subject to a minimum $3,000 deposit at time of filing
Actual Cost* Subject to a minimum $3,000 deposit at time of filing CDP-09 Sign Review (NOTE 1)
a. Administrative Sign Permit $329.50 $342.65
b. Planning Commission Review/Sign Use Permit Actual Cost* Subject to a minimum $1,500 Deposit at time of filing
Actual Cost* Subject to a minimum $1,500 Deposit at time of filing c. Temporary/Promotional/Public Convenience Sign Review $109.80 $114.15 CDP-10 Appeal Fees
a. Appeal by Resident / Applicant Actual Cost* Subject to a minimum $500 Deposit at time of filing
Actual Cost* Subject to a minimum $500 Deposit at time of filing b. Appeal by Non-Resident / Non-Applicant Actual Cost* Subject to a minimum $1,000 Deposit at time of filing
Actual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-11 Request for Planning Commission Interpretation FeesActual Cost* Subject to a minimum $1,000 Deposit at time of filing
Actual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-12 Environmental Assessment Fees Actual Cost* Subject to a minimum $1,000 Deposit at time of filing
Actual Cost* Subject to a minimum $1,000 Deposit at time of filing CDP-13 Environmental Impact Report Fees Actual Cost* Subject to a minimum $5,000 Deposit at time of filing
Actual Cost* Subject to a minimum $5,000 Deposit at time of filing CDP-14 Zoning Compliance Letter Actual cost* Subject to a minimum $500 initial deposit Actual cost* Subject to a minimum $500 initial deposit CDP-15 Development Agreement Actual cost* Subject to a minimum $5,000 initial deposit Actual cost* Subject to a minimum $5,000 initial deposit CDP-16 Disposition and Development Agreement Actual cost* Subject to a minimum $5,000 initial deposit Actual cost* Subject to a minimum $5,000 initial deposit CDP-17 Owner Participation Agreement Actual cost* Subject to a minimum $5,000 initial deposit Actual cost* Subject to a minimum $5,000 initial deposit CDP-18 Subdivision Map Fees
a. Tentative Subdivision Map Fees $742.85 (or Actual Cost*) $772.55 (or Actual Cost*) b. Tentative Parcel Map Fees $742.85 (or Actual Cost*) $772.55 (or Actual Cost*) c. Tentative Subdivision or Parcel Map Revision Fees $742.85 (or Actual Cost*) $772.55 (or Actual Cost*) d. Tentative Subdivision or Parcel Map Extension Fees $742.85 (or Actual Cost*) $772.55 (or Actual Cost*) e. Lot Line Adjustment Fee $447.35 (or Actual Cost*) $465.20 (or Actual Cost*)

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REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23
CDP-19 Temporary Use Permit
- Minor Events/Use (as determined by the Director of Community Development Services) including shopping center promotional events; outdoor sales by individual stores within shopping centers; parking lot sales/fairs; outdoor exhibits or open displays; special small scale events sponsored by religious institutions or their supporting clubs, schools or school organizations and clubs or civic groups and clubs Exempt Exempt
- Major Events/Uses (as determined by the Community Development Director) including commercial operations by other than civic, school or religious organizations, clubs and institutions
$150.15 (or Actual Cost*) $156.15 (or Actual Cost*)
CDP-20 Code Enforcement
a. 1st Inspection and/or 1st Letter $0.00 $0.00
b. 2nd Inspection and/or 2nd Letter, and each additional inspection / letter thereafter
$120.35, plus actual cost of City Attorney time, until
compliance is achieved
$125.15, plus actual cost of City Attorney time, until compliance is achieved
CDP-21 Penalty Fee - Planning Division (per Section 17.06.175 of Title 17 of the Municipal Code) a. R-1 $297.55 penalty processing fee; Deposit of twice the standard time and materials costs, against which 200% of the actual processing fees will be applied.
$309.45 penalty processing fee; Deposit of twice the standard time and materials costs, against which 200% of the actual processing fees will be applied.
b. Others $749.10 penalty processing fee; Deposit of twice the standard time and materials costs, against which 200% of the actual processing fees will be applied.
$779.05 penalty processing fee; Deposit of twice the standard time and materials costs, against which 200% of the actual processing fees will be applied.

CDP-22 Photography / Filming Temporary Use Permit Processing Fee $361.65 $376.10 CDP-23 Interdepartmental Evaluation Committee Review of Proposals by Persons, Businesses and Organizations Located Outside of Foster City (Excluding Land Use and Photography / Filming Temporary Use Permit see S-122 above)
$120.35 $125.15
CDP-24
Hotel $12.50 $12.50
Retail, Restaurant and Services $6.25 $6.25
Office , Medical Office and Research and Development Uses $27.50 $27.50 CDP-25 Annual Wireless Facilities Site License (Per Site) $270.00 $270.00 CDP-26
Park in Lieu of Land Dedication Fee (Per Section 16.36.100 of Title 16 of Foster City Municipal Code)
The fees shall be computed based on fair market value of land that would otherwise have been dedicated, and at a ratio of five acres per one thousand project residents.

Project residents shall be computed as provided in Section

16.36.040.

The population that will reside within a proposed project shall be calculated using the following factors and based upon the following formula:

Average Household Size X Number of Dwelling Units
Proposed for Construction = Project Resident Population.

The fees shall be computed based on fair market value of land that would otherwise have been dedicated, and at a ratio of five acres per one thousand project residents. Project residents shall be computed as provided in Section 16.36.040.

The population that will reside within a proposed project shall be calculated using the following factors and based upon the following formula:

Average Household Size X Number of Dwelling Units Proposed for Construction = Project Resident Population.

NOTE 1:

FOOTNOTE:

Proposals designed and located in strict conformance with approved residential development design prototypical guidelines for property improvements in the specific subdivision shall be charged 1/2 of the usual fee for such improvements.

Initial fees paid at the time of project submittal for all project categories without deposit are considered minimum fees which are not refundable. Initial fees paid for project categories with deposits may be refunded in part, depending upon the amount of staff time and reimbursable expenditures expended on the project as determined by the Director of Community Development.

Affordable Housing Commercial Linkage Fees for Nonresidential Development Projects (Fee per Square Foot of Net New Gross Floor Area)
When the account balance goes negative, the request to replenish funds shall be paid in full by the applicant within five (5) business days. If the payment is not paid in full, the project will be put on hold.

The penalty fee for sign installed prior to obtaining a sign permit shall be double the normal fee. Signs erected by nonprofit and community interest groups, senior clubs and organizations deemed "similar" by the Community Development Director shall be exempt from the payment of sign permit application fees.
* "Actual Cost" is time and materials, including all direct and indirect overhead costs. "Actual Cost" billing begins after the initial fee payment amount is exceeded by direct and/or indirect costs. * "Actual Cost" is time and materials, including all direct and indirect overhead costs.

For work requiring an outside consultant, the City will be reimbursed at the rate of the consultant plus 15% for administration.

EIR and other technical consultant contracts for a project shall be paid in full by the applicant.

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REF. NO. REVENUE TITLE Fees-Effective October 1, 2021 Proposed FY 2022-23 Fees City of Foster City/Estero Municipal Improvement District Proposed Master Fees & Service Charges Schedule
Fiscal Year 2022-23

PUBLIC WORKS
PW-01 Subdivision Fees
Public Works Plan Review and Inspection Fee
a. Common area improvements in planned unit developments, including but not limited to recreational facilities (other than those covered by building fees) landscaping and irrigation, underground structures and utilities, curb and gutter, paving, sidewalks and other walkways and lighting.

3.0% of the approved engineers' estimated costs of
construction of improvements including a 10% contingency

3.0% of the approved engineers' estimated costs of construction of improvements including a 10% contingency
b. Improvements in commercial and industrial developments, including but not limited to landscaping, and irrigation, underground structures and utilities, curb and gutter, paving, sidewalks and other walkways and lighting

3.0% of the approved engineers' estimated costs of
construction of improvements including a 10% contingency

3.0% of the approved engineers' estimated costs of construction of improvements including a 10% contingency
PW-02 Minor Land Division Fees $80.75 Application Fee plus Actual Cost* $83.95 Application Fee plus Actual Cost* (Requires a deposit of 3% of the estimated construction cost with a $5,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
(Requires a deposit of 3% of the estimated construction cost with a $5,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
PW-03 Transportation Permit Per CA Vehicle Code 35795 - $16.00 per trip or $90.00 annual permit
Per CA Vehicle Code 35795 - $16.00 per trip or $90.00 annual permit PW-04 Storm Drain Pumping Capacity Fee $443.55 per acre chargeable against undeveloped land $461.25 per acre chargeable against undeveloped land PW-05 Water Storage Tank Capacity Fee $1,908.10 per acre chargeable against undeveloped land $1,984.40 per acre chargeable against undeveloped land PW-06 Banner Application Permit Fee $162.50 Application Fee plus $750.00 required deposit $169.00 Application Fee plus $750.00 required deposit PW-07 Sidewalk Maintenance Administration Fee
a. R-1 $403.75 per incident $419.90 per incident
b. Others $403.75 per incident (or Actual Cost*) $419.90 per incident (or Actual Cost*) PWE-01 Encroachment Permit/Non-Utility $164.70 Application Fee plus Actual Cost* $171.25 Application Fee plus Actual Cost* (Requires a deposit of 5% of the estimated construction cost with a $1,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
(Requires a deposit of 5% of the estimated construction cost with a $1,000 minimum; deposit will be renewed when it reaches 50% of the original required amount)
PWE-02 Encroachment Permit/Temporary placement of a debris box $54.85 $57.00 PWE-03 Encroachment Permit/Utility $164.70 Application Fee plus Actual Cost* $171.25 Application Fee plus Actual Cost* PWE-04 Business Stormwater Inspection Fee Rate of Sr. Engineering Technician or Actual Cost* Rate of Sr. Engineering Technician or Actual Cost* FOOTNOTE:
"Actual Cost" is charged against the required deposit.
* "Actual Cost" is time and materials, including all direct and indirect overhead costs.

For work requiring an outside consultant, the City will be reimbursed at the rate of the consultant plus 15% for administration.

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Fiscal Year 2022-23

POLICE
PD-01 Municipal Ordinance Enforcement (Police Enforcement Only) $83.95 (or Actual Cost*) $87.30 (or Actual Cost*) PD-02 Parking Enforcement Per attached Parking Violations Fine Schedule E, plus $3.00 State parking penalty assessmentPer attached Parking Violations Fine Schedule A, plus $3.00 State parking penalty assessment
PD-03 Vehicle Code Enforcement Per Current CA State Court Approved Bail Schedule Per Current CA State Court Approved Bail Schedule PD-04 Abandoned Vehicle
a. Mark $0.00 $0.00
b. Tow $254.30 $264.45
PD-05 Police Security Alarm Response - Standard Response 1st False Alarm $0.00 $0.00
2nd False Alarm $60.35 $62.75
3rd Alarm $123.85 $128.80
4th Alarm $123.85 $128.80
5th Alarm $219.50 $228.25
6th and 7th Alarm $219.50 $228.25
8th Alarm and thereafter $314.15 each $326.70 each
PD-06 Police Security Alarm Response - High Risk Response 1st False Alarm $0.00 $0.00
2nd False Alarm $780.30 $811.50
3rd False Alarm $936.35 $973.80
4th False Alarm $1,093.45 $1,137.15
5th False Alarm $1,249.50 $1,299.45
6th False Alarm $1,405.55 $1,461.75
7th False Alarm $1,562.65 $1,625.15
8th Alarm and thereafter $1,718.70 each $1,787.40
PD-07 Fingerprinting $40.50/per card $42.10/per card
PD-08 Report copying (including reports for Property Damage, Minor Accident or Injury Accident) a. 1-2 Pages $4.35 $4.52
b. 3-9 Pages $4.88 $5.07
c. 10+ pages $6.04 $6.28
PD-09 DUI Emergency Cost Recovery Government Code-Emergency Response Cost reimbursement up to $12,000
Government Code-Emergency Response Cost reimbursement up to $12,000 PD-10 Solicitor Review
Non-Profit $66.90 $69.55
For-Profit (Initial Review) $133.90 $139.25
For-Profit (Renewal) $44.95 $46.70
PD-11 Enforcement Vehicle Tow $64.70 $67.25
PD-12 Booking Fee Per Current San Mateo County Charges Per Current San Mateo County Charges PD-13 Local Records Check $31.80 $33.05
PD-14 Court Ordered Record Sealing $94.75 $98.50
PD-15 Records check processing Federal / State actual charges Federal / State actual charges PD-16 Concealed Weapon Permit Processing (non-refundable) $258.05 $268.35 PD-17 Massage Permit
- New permit $212.25 $220.70
- Renewed permit $88.45 $91.95
PD-18 Massage Parlor Permit
- New permit (1 to 4 employees) $321.50 $334.35
- Renewed permit (1 to 4 employees) $131.05 $136.25
- New permit (5+ employees) $517.10 $537.75
- Renewed permit (5+ employees) $258.00 $268.30
PD-19 Planning Application Review and Inspection Services - Police Actual Costs * Actual Costs * PD-20 Video/Audio Duplication $34.95 $36.30
PD-21 Vehicle Repossession Fee -Per California Vehicle Code $20.00 $20.00 FOOTNOTE:
"*" "Actual cost" is the time and materials, including all direct and indirect overhead costs.

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Fiscal Year 2022-23
FIRE

PARKS & RECREATION
PR-01 Adult Special Interest Class Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-02 Youth Special Interest Class Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-03 Day Camp Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-04 Pre-School Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-05 City Adult Sports Program Per current City Sports Package (NOTE 3) Per current City Sports Package (NOTE 3) PR-06 Private Youth/Adult Sports Coordination & Field MaintenanceRefer to Municipal Code 12.16.090 for Classification Refer to Municipal Code 12.16.090 for Classification Classification A $ 0.00 $ 0.00
Classification B $ 0.00 $ 0.00
Classification C $15.10 per hour $15.70 per hour
Classification D $15.10 per hour $15.70 per hour
Classification E $15.10 per hour $15.70 per hour
PR-07 City Youth Sports Organization Coordination & Field Maintenance $0.00 $0.00 PR-08 Summer Parks Youth Program Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-09 Trips and Tours Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-10 Recreation Building Rental Per attached Schedule B Per attached Schedule B PR-11 Elementary School Recreation Rental Per attached Schedule B Per attached Schedule B PR-12 Senior Citizen Programs Per current City The Guide (NOTE 3) Per current City The Guide (NOTE 3) PR-13 Library Building Maintenance Per Lease Agreement Per Lease Agreement PR-14 Parks & Recreation Concessions Per Contract Per Contract PR-15 Library Community Center Rental Per attached schedule Per attached Schedule B PR-16 Park Fees Per attached schedule Per attached Schedule B PR-17 Sports Field Rental Per attached schedule Per attached Schedule B PR-18 Special Event Fees Per attached schedule Per attached Schedule B PR-19 Council Chambers Rental / Video Production Services Per attached schedule Per attached Schedule B NOTE 3: The Recreation Division sets activity fees according to :

Per attached San Mateo Consolidated Fire Fees - To Be Published Fall 2022

1. Competing fees in other cities and colleges.

2. Session length and length of class time per meeting.

3. Class enrollment statistics regarding an activity and the fees that were charged for that activity.

4. Commensurate with instructor's qualification and experience.

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Fiscal Year 2022-23

PUBLIC WORKS
PWWA-01 Water Service
a. 5/8" X 3/4" $24.80 See separate staff report March 28, 2022 b. 3/4" $24.80 See separate staff report March 28, 2022 c. 1" $41.33 See separate staff report March 28, 2022
d. 1 1/2" $99.20 See separate staff report March 28, 2022 e. 2" $132.27 See separate staff report March 28, 2022 f. 3" $289.33 See separate staff report March 28, 2022 g. 4" $520.80 See separate staff report March 28, 2022 h. 6" $1,157.33 See separate staff report March 28, 2022 i. 8" $1,984.00 See separate staff report March 28, 2022 j. Water consumption rates - per hundred cubic feet (ccf) of water consumed
1) Base Consumption Rate $6.04 See separate staff report March 28, 2022 2) Single Family Residential Consumption Rate
a) 0-20 ccf bi-monthly $5.92 See separate staff report March 28, 2022 b) Over 20 ccf bi-monthly $6.55 See separate staff report March 28, 2022 3) Multi-Family Residential Consumption Rate
a) 0 to 10 ccf per living unit bi-monthly $5.92 See separate staff report March 28, 2022 b) Over 10 ccf per living unit bi-monthly $6.57 See separate staff report March 28, 2022 4) Irrigation Customer Consumption Rate
a) Up to 100% of Annual Water Budget $5.92 See separate staff report March 28, 2022 b) Over 100% of Annual Water Budget $6.51 See separate staff report March 28, 2022 5) Commercial and Private Fire Line Customer Consumption Rate $6.04 See separate staff report March 28, 2022 a. Private fire protection services - water availability charge (if a meter is not present, the size of the fire service line will be used as a basis for the charge):
1) 3/4" meter $34.72 See separate staff report March 28, 2022 2) 1" meter $34.72 See separate staff report March 28, 2022 3) 1 1/2" meter $34.72 See separate staff report March 28, 2022 4) 2" meter $46.38 See separate staff report March 28, 2022 5) 3" meter $101.18 See separate staff report March 28, 2022 6) 4" meter $182.28 See separate staff report March 28, 2022 7) 6" meter $404.98 See separate staff report March 28, 2022 8) 8" meter $694.40 See separate staff report March 28, 2022 PWWA-02 Water Service Connection:
a. 3/4" meter $11,611 See separate staff report March 28, 2022 b. 1" meter $19,390 See separate staff report March 28, 2022 c. 1-1/2" meter $46,443 See separate staff report March 28, 2022 d. 2" meter $61,885 See separate staff report March 28, 2022 e. 3" meter $135,499 See separate staff report March 28, 2022 f. 4" meter $243,827 See separate staff report March 28, 2022 g. 6" meter $541,875 See separate staff report March 28, 2022 h. 8" meter $928,864 See separate staff report March 28, 2022 PWWA-03
a. Account Set Up Fees $39.85 $41.40
1) RUSH Service-on/off within 90 minutes within Regular Hours $49.60 $51.55 2) RUSH Service-on/off within 90 minutes during Non-Regular hours $99.45 $103.40 b. Reconnection charge after disconnection for nonpayment:
1) Regular hours $49.60 $51.55
2) Non-Regular Hours $99.45 $103.40
c. Reconnection charge after voluntary disconnection:
1) Regular hours $49.60 $51.55
2) Non-Regular Hours $99.45 $103.40
d. Customer initiated Turn-on/Turn off (per incident)
1) Regular hours $49.60 $51.55
2) Non-Regular Hours $99.45 $103.40
PWWA-04 Water Meter Test $383.50 deposit is required $398.80 deposit is required a. When a customer requests the test and the meter is found to be defective $0.00 (deposit will be refunded) $0.00 (deposit will be refunded) b. When a customer requests the test and the meter is found NOT to be defective $190/hour (2 Hours minimum) $198/hour (2 Hours minimum) PWWA-05 Water Leak Investigation $190 deposit is required $198 deposit is required a. When a customer requests a water leak investigation, and the leak is found to be on the City side of the water meter
$0.00 (deposit will be refunded) $0.00 (deposit will be refunded) b. When a customer requests a water leak investigation, and the leak is found to be on the Private Property side of the water meter $190/hour (30 minutes minimum) $198/hour (30 minutes minimum) Water Turn on / Off (Regular Hours: Business Day-8 AM to 3:30 PM. Non-Regular Hours: All other hours that is not regular hours)

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Fiscal Year 2022-23
PWWA-06 Water Meters (including installation)
a. 3/4" Actual Meter Cost + $190 / hour installation fee (1 hour minimum)
Actual Meter Cost + $198 / hour installation fee (1 hour minimum) b. 1" Actual Meter Cost + $190 / hour installation fee (1 hour minimum)
Actual Meter Cost + $198 / hour installation fee (1 hour minimum) c. 1-1/2" Actual Meter Cost + $190 / hour installation fee (1 hour minimum)
Actual Meter Cost + $198 / hour installation fee (1 hour minimum) d. 2" Actual Meter Cost + $380/ hour installation fee (1 hour minimum)
Actual Meter Cost + $396/ hour installation fee (1 hour minimum) e. 3" Actual Meter Cost + $380/ hour installation fee (1 hour minimum)
Actual Meter Cost + $396/ hour installation fee (1 hour minimum) f. 4" Actual Meter Cost + $380/ hour installation fee (1 hour minimum)
Actual Meter Cost + $396/ hour installation fee (1 hour minimum) g. 6" Actual Meter Cost + $380/ hour installation fee (1 hour minimum)
Actual Meter Cost + $396/ hour installation fee (1 hour minimum) h. 8” and larger Water Meter Actual meter and labor cost Actual meter and labor cost PWWA-07 Water Conservation Measures Violation
First Violation $100.00 $100.00
Second Violation $200.00 $200.00
Third and Subsequent Violation(s) within one year $500.00 per violation $500.00 per violation Reactivating water service due to water conservation measures violation $100.00 per reactivation $100.00 per reactivation PWWA-08 Fire Hydrant Testing (per hydrant) $248.00 $257.00 PWWA-09 Temporary Hydrant Meter Application Fee & Deposit Application Fee $62.40 $64.85
Meter Deposit $1,557.00 $1,557.00
Meter Deposit processing charge
(based on issuance date of meter)
Return within 1 month or less- charge 10% of deposit
Return within 3 months or less- charge 15% of deposit
Return within 6 months or less- charge 20% of deposit
Return within 12 months or less- charge 25% of deposit
Return within 1 month or less- charge 10% of deposit
Return within 3 months or less- charge 15% of deposit
Return within 6 months or less- charge 20% of deposit
Return within 12 months or less- charge 25% of deposit
Water Deposit $1,500.00 $1,500.00
Water Usage Charge See PWWA-01 See PWWA-01
Meter Charge See PWWA-06 See PWWA-06
PWWW-01 Sewer Service
A. Sewer Service Connection Fees
1) Single Family Residence $8,120.00 per dwelling unit (=1 EDU) $8,444.80 per dwelling unit (=1 EDU) 2) Multi Family $5,073.00 per dwelling unit (=0.625 EDUs) $5,275.90 per dwelling unit (=0.625 EDUs) 3) Commercial $8,120.00 per EDU (as calculated below) $8,444.80 per EDU (as calculated below) Low Strength Low Strength EDUs = est. gpd[1] ÷ 200[2] x 0.65[3] Low Strength EDUs = est. gpd[1] ÷ 200[2] x 0.65[3] Medium Strength Med. Strength EDUs = est. gpd[1] ÷ 200[2] x 1.00[3] Med. Strength EDUs = est. gpd[1] ÷ 200[2] x 1.00[3] High Strength High Strength EDUs = est. gpd[1] ÷ 200[2] x 2.84[3] High Strength EDUs = est. gpd[1] ÷ 200[2] x 2.84[3] B. Sewer Service Monthly Service Rates:
1) Residential:
a) Single Family $111.21 $127.06
b) Duplex (per dwelling unit) $93.42 $106.73
c) Townhouse (per dwelling unit) $93.42 $106.73
d) Apartment / Condominium (per dwelling unit) $93.42 $106.73 2) Commercial/Institutional:
a) Low Strength (per unit of water billed) $4.67 $5.34 b) Medium Strength (per unit of water billed) $7.11 $8.12 c) High Strength (per unit of water billed) $20.21 $23.09 C. Sewer Availability Charges
1) Parcels 1 acre and larger (per acre per year) $630.50 $720.35 2) Parcels less than 1 acre (per acre per year) $322.00 $367.85 PWM-01 Utility Street Use $0.00 $0.00
PWM-02 Private Refuse Utility Street Use Per Franchise Agreement Per Franchise Agreement PWM-03 Street Lighting | NO | | NO |
PWM-04 Street and Easement Landscaping | CITY- | | CITY- | PWM-05 Median Maintenance | WIDE | | WIDE | PWM-06 Cul-de-Sac Maintenance | ASSESSMENTS | | ASSESSMENTS | PWM-07 Street Sweeping | AT | | AT |
PWM-08 Storm Drainage | THIS | | THIS |
PWM-09 Neighborhood Park Maintenance | TIME | | TIME | PWM-10 Fat, Oil and Grease (FOG) Monitoring Program (Waste Discharge Permit Annual Fee) A. Class A (Industry) Waste Discharge Permit Annual Fee $499.00 per permit pass-through fee from San Mateo Source Control Inspectors
$504.49 per permit pass-through fee from
San Mateo Source Control Inspectors
B. Class B (Restaurant) Waste Discharge Permit Annual Fee $345 per permit pass-through fee from San Mateo Source Control Inspectors
$348.80 per permit pass-through fee from
San Mateo Source Control Inspectors
C. Analytical Services Fee Actual Cost pass-through fee from San Mateo Source Control Inspectors
Actual Cost pass-through fee from
San Mateo Source Control Inspectors
[1] est. gpd = commercial customer's estimated gallons per day of indoor water use [2] Estimated gallons per day of single family indoor water use [3] Strength factors based on baseline single family strengths of 240 mg/L of BOD and 240 mg/L of TSS mg/L = milligrams/liter
BOD = Biochemical Oxygen Demand
TSS = Total Suspended Solids

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Fiscal Year 2022-23

HUMAN RESOURCES
HR-01 CalOpps
CalOpps Join Fee for Full Membership (One-time set up fee) $6,242.00 $6,491.00 Annual Fee for Full Membership $3,641.00 $3,786.00
Per-Posting Fee (Advertise Only) $520.00 $540.00

MISCELLANEOUS
MISC-01 New Business License Review $33.65 $35.00
State Mandated Disability Access Fee (each Business Tax Application and renewal) Per Senate Bill No. 1186 - $4.00 Per Senate Bill No. 1186 - $4.00 Business License for branches $25/address $25/address
Business License -reprinting $25/certificate $25/certificate MISC-02 Returned Deposit Processing Per CA Civil Code 1719 - $25 for first and $35 for each subsequent deposit
Per CA Civil Code 1719 - $25 for first and
$35 for each subsequent deposit
MISC-03 Check Stop Payment & Replacement Actual costs Actual costs MISC-04 Document Printing and Copying
Photocopying $4.66 for 1st page, $0.25 for each additional page $4.75 for 1st page, $0.25 for each additional page Large Documents $4.66 first page, $0.91 for each additional page $4.84 first page, $0.94 for each additional page Special Maps $4.66 first page, $1.67 for each additional page $4.84 first page, $1.73 for each additional page Blueprint $4.66 first page, $0.91 for per sq ft $4.84 first page, $0.94 for per sq ft MISC-05 Document Certification (Per document) $16.20 $16.80 MISC-06 Records & Information Research $98.00 $101.90
MISC-07 Agenda/Minute Mailing
Agendas $87.30/per year $90.75/per year
Agendas & Minutes $141.50/per year $147.15/per year
Planning Commission Agendas $84.25/per year $87.60/per year MISC-08 Repair of City Property 100% of Dir. Exp. + Overhead 100% of Dir. Exp. + Overhead MISC-09 Microfilm Printout (Per document) $16.00 $16.60 MISC-10 Video / Audio Duplication (DVD, VHS, Cassette) Actual costs Actual costs MISC-11 For services requested of City Staff for which no fee is listed in this Master Fee Schedule, the appropriate fee hourly rates for staff time involved in the service
Per attached Schedule C Per attached Schedule C
MISC-12 For services requested of Outside Consultant, the City will be reimbursed at the rate of the consultant plus 15% for administration.

Actual costs + 15% Administration Cost Actual costs + 15% Administration Cost MISC-13 Outgoing Wire Fee $60/wire $60/wire

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Police Department - Fine Schedule FY 2022-2023
Code Section Fine Penalty Description
27600 27600 eve $38.00 $42.00 MUDGUARD REQ $10/PROOF CORR 22522 22522 eve $328.00 $42.00 OBSTRUCTING HANDICAPPED
RAMP
10207G 10.207 (G) UFC $38.00 $42.00 FIRE LANE/POSTED
4457 4457 eve $123.00 $42.00 STOLEN/LOST CARDS OR PLATES 1032060 10.32.060 MO $38.00 $42.00 FOR SALE SIGN
1044040 10.44.040 MC $38.00 $42.00 LOADING ZONE, COMMERCIAL 225078 22507.8 eve $328.00 $42.00 DISABLED PARKING
BOUNCE NSF FEE $15.00 $0.00 RETURNED CHECK FEE
1032030C 10.32.030 (C) MO $38.00 $42.00 RED ZONE
225078C2 22507.8(C) $328.00 $42.00 PARKED IN HASH MARKS (2)CVC
22500B 22500 (B) eve $38.00 $42.00 CROSSWALK
41525 41525 eve $123.00 $42.00 FOREIGN REG $10 W/PROOF CORR 1032170 10.32.170 MO $38.00 $42.00 GREEN ZONE - 24 MIN PKG 22500A 22500 (A) eve $38.00 $42.00 WITHIN AN INTERSECTION 24951B 24951 (B) eve $38.00 $42.00 TURN SIGNALS $10 W/PROOF CORR
267085 267085 eve $38.00 $42.00 TINTED WINDOWS $10 W/PRF CORR
1032070 10.32.070 MO $38.00 $42.00 REPAIR ON THE STREET 1044050 10.44.050 MO $38.00 $42.00 PASSENGER LOADING ZONE 22500D 22500 CD) eve $38.00 $42.00 15 FT. OF FIREHOUSE
1032040 10.32.040 MO $38.00 $42.00 PARKING ON PARKWAYS

PROHIBITED
21210 21210 eve $38.00 $42.00 BICYCLE ON SIDEWALK
620010 62.00.10 MO $38.00 $42.00 FIRE LANE
27155 27155 eve $38.00 $42.00 NO GAS CA-$10 W/PROOF OF
CORR
22500K 22500 CK) eve $38.00 $42.00 BRIDGE
1032250 10.32.250 MO $38.00 $42.00 NO STOPPING ZONE
22500E 22500 CE) eve $38.00 $42.00 BLOCKING A DRIVEWAY
932020 9.32.020 EMIDC $38.00 $42.00 NO PKG 1:00 AM TO SUNRISE 21113A 21113 (A) eve $38.00 $42.00 DRIVE/PARK ON PUBLIC GROUNDS 22502A 22502 (A) eve $38.00 $42.00 PARKED WITHIN 18IN OF CURB 224206A 224206 CA) eve $38.00 $42.00 VENDING IN VISTA AREA 22523A/B 22523 A/B eve $123.00 $42.00 ABANDONED VEHICLE 1032252 10.32.252 MO $38.00 $42.00 RESTR PKG-OVERSIZED VEH 1032252A 10.32.252 (A) MO $38.00 $42.00 RESTRICTED PARKING 5204 5204 eve $38.00 $42.00 NO TABS-$10 W/PROOF

CORRECTION
44625 4462.5 eve $123.00 $42.00 FALSE EVIDENCE OF REG-$10/PRF 1032150 10.32.150 MO $38.00 $42.00 CITY PROPERTY POSTED 5201F 5201 (F) eve $38.00 $42.00 PLATES COVERED-$10 W/PRF CORR
1044020C 10.44.020(C) MC $38.00 $42.00 PARKING OVER 3 MINUTES 22504 22504 eve $38.00 $42.00 ON A HIGHWAY
225078C 22507.8 (C) eve $328.00 $42.00 HANDICAP UNLOADING ZONE Schedule A
317
147
Code Section Fine Penalty Description
5202 5204 eve $38.00 $42.00 IMPROP DISPLAY OF PLT-$10/PRF 225078A 22507 .8 (A) eve $328.00 $42.00 HANDICAPPED PARKING 22500F 22500 (F) eve $38.00 $42.00 PARKING ON SIDEWALK
22500G 22500 (G) eve $38.00 $42.00 NEAR EXCAVATION
26709A 26709 (A) eve $38.00 $42.00 MIRRORS REQ $10 W/PROOF CORR
1049020 10.49.020 MO $38.00 $42.00 COMMERCIAL VEH PROHIBITED xxxx xxxx $0.00 $0.00 ORIGINAL CITATION NOT

RECEIVED
5201 5201 eve $38.00 $42.00 POS OF PLATES $10 W/PROOF
CORR
58 58 EMID $38.00 $42.00 NO PKG 1 AM TO SUNRISE
1032030D 10.32.030 (D) MO $38.00 $42.00 POSTED NO PARKING 22515A 22515 (A) eve $38.00 $42.00 UNATTENDED RUNNING VEHICLE 5200 5200 eve $38.00 $42.00 DISPLAY OF PLATES-$10/PROOF ADMINFEE ADMIN FEE $25.00 $0.00 ADMINISTRATIVE FEE
1032140 10.32.140 MO $38.00 $42.00 COMM VEHICLE RESIDENTIAL DIST
21116A 21116 (A) eve $38.00 $42.00 LEVEE/CANAL BANK
24607A 24607 (A) eve $38.00 $42.00 REAR REFLECTORS $10 W/PRF CORR
10322251 10.32.225{l)D $38.00 $42.00 TRAILER ON CITY STREET MO
26710 26710 eve $38.00 $42.00 WINDSHIELD REQ $10 W/PRF
CORR
27465B 27465 (B) eve $38.00 $42.00 LOW TIRE TREAD-$10/PROOF CORR
EFFDATE 20110101 $0.00 $0.00 EFFECTIVE DATE OF FINES
22502 22502 eve $38.00 $42.00 MUST PK IN DIRECT FLOW TRAFF 1017010 10.17.010 MO $38.00 $42.00 FIRE LANE
22502E 22502 (E) eve $38.00 $42.00 WITHIN 18 INCHES OF CURB 22500L 22500 {L) eve $328.00 $42.00 PKDED RED ZONE HNDCAP RAMP 226510 22651 (O) eve $123.00 $42.00 REG EXPIRED - 1 YR & 1 DAY 22520 22520 eve $38.00 $42.00 ON FREEWAY
22500C 22500 (C) eve $38.00 $42.00 BETWEEN ZONE AND CURB 1032050 10.32.050 MO $38.00 $42.00 OVER 72 HOURS
1032130 10.32.130 MC $38.00 $42.00 NO STOP/STAND/PARK
10206 10.206 UFC $38.00 $42.00 FIRE HYDRANT/PRIVATE PROPERTY 22505 22505 eve $38.00 $42.00 POSTED NO PARKING
22500] 22500 (J) eve $38.00 $42.00 TUNNEL
1032030F 10.32.030 (F) MO $38.00 $42.00 TRAFFIC HAZARD
225001 22500 (I) eve $38.00 $42.00 LOADING ZONE
4462B 4462 (B) eve $123.00 $42.00 WRONG PLATES ON
VEH-$10/PROOF
24953A 24953 (A) eve $38.00 $42.00 TURN SIGNALS $10 W/PRF CORR CORRAMT CORRECTABLE $10.00 $0.00 CORRECTABLE AMOUNT
AMT
225001 22500.1 eve $38.00 $42.00 FIRE LANE
22514 22514 eve $38.00 $42.00 PARKED W/IN 15 FT OF HYDRANT 22500H 22500 (H) eve $38.00 $42.00 DOUBLE PARKED
4000A 4000 (A) eve $123.00 $42.00 UNREG VEHICLE-$10 W/PRF CORR 4461B 4461 (B) eve $123.00 $42.00 IMPROPER USE OF
TABS-$10/PROOF
5201G 5201 (G) eve $38.00 $42.00 OBSTRUCT PLATE
318
148
Code Section Fine Penalty Description
4464 4464 eve $38.00 $42.00 ALTERED LIC PLATE $10/PROOF 10322510 10.32.251(0) MO $38.00 $42.00 TRAILER/BOAT PUBLIC ST 22521 22521 eve $38.00 $42.00 PKO W/IN 7 1/2 FT OF R/R TRACK 1032251E 10.32.251(E) MO $38.00 $42.00 CAMPER EQUIPMENT 1032020 10.32.020 MO $38.00 $42.00 RESTRICTED PARKING
1232020 12.32.020 FCMD $38.00 $42.00 NO PKG 1:00 AM TO SUNRISE 4458 4458 eve $123.00 $42.00 STOLEN PLATE
319
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Attachment 1/Schedule B
Page | 1

Foster City Recreation Center and Community Center Rental Fees

Room Day of the Week FY 21/22
Resident
FY 22/23
Resident
FY 21/22
Non‐Resident
FY 22/23
Non‐Resident

Lagoon Room

Monday ‐Thursday $100/hr. $104/hr. $150/hr. $156/hr.

Friday ‐ Sunday $175/hr. (5 hr. min.) $182/hr. (5 hr. min.) $250/hr. (5 hr. min.) $260/hr. (5 hr. min.) Administrative Fee $25 (flat fee) $26 (flat fee) $25 (flat fee) $26 (flat fee) Custodial Fee For groups of over
100 $50 (flat fee) $52 (flat fee) $50 (flat fee) $52 (flat fee) Lagoon Rm Kitchen Fee $75 (flat fee) $78 (flat fee) $75 (flat fee) $78 (flat fee)

Mist, Crane, Gull, Mallard,
Bluebird, Spirit, Clipper,
Sunfish, Port (LCC), Starboard
(LCC), Sail (LCC). Conf (LCC)
Monday – Thursday $50/hr. $52/hr. $75/hr. $78/hr.

Friday – Sunday $85/hr. $88.40/hr. $100/hr. $104/hr.

Bluebird Kitchen Fee $100 (flat fee) $104 (flat fee) $100 (flat fee) $104 (flat fee)

Spray and Bow

Monday – Thursday $40/hr. $41.60/hr. $65/hr. $67.60/hr.

Friday – Sunday $65/hr. $67.60/hr. $85/hr. $88.40/hr.

Wind (LCC)
Monday – Thursday $75/hr. $78/hr. $100/hr. $104/hr.

Friday – Saturday $125/hr. (5 hr. min.) $130/hr. (5 hr. min.) $180/hr. (5 hr. min.) $187.20/hr. (5 hr. min.) Custodial Fee For groups of over 80 $50 $52 (flat fee) $50 $52 (flat fee) Patio (with Wind Room) $100 (flat fee) $104 (flat fee) $100 (flat fee) $104 (flat fee)

VIBE‐ Kitchen, Small Activity
Rm, and Patio Monday – Sunday $72/hr. $74.80/hr. $88/hr. $91.50/hr.

The VIBE‐ (Entire Facility:
includes Kitchen, Small
Activity Rm, Main Floor, and
Patio)
Monday – Sunday $150/hr. $156/hr. $200/hr. $208/hr.

Administrative Fee $25 (flat fee) $26 (flat fee) $25 (flat fee) $26 (flat fee) Custodial Fee For groups of over 100 $50 (flat fee) $52 (flat fee) $50 (flat fee) $52 (flat fee)

(LCC) = Library Community Center

 Deposit for Lagoon and VIBE is $500.00; Deposit for Wind Room is $350.00. Deposit for all other rooms is $200.00  Proof of insurance will be required for all parties or if serving alcohol.

FY 21/22
 Custodial fee of $50 required for all parties/events larger than 100 (80 for LCC).  First change to a facility and park rental is free. For additional changes (location and date), Renter will incur a $10 charge per change.

FY 22/23
 Custodial fee of $52 required for all parties/events larger than 100 (80 for LCC).  First change to a facility and park rental is free. For additional changes (location and date), Renter will incur a $10.40 charge per change.
320
150
Attachment 1/Schedule B
Page | 2

Non‐Profit Organization Fee Structure

Room Day of the Week FY 21/22
Non‐Profit Rate
FY 22/23
Non‐Profit Rate

Lagoon Room

Monday –Thursday $55/hr. $57.20/hr.

Friday – Sunday $75/hr. (5 hr. min.) $78/hr. (5 hr. min.) Administrative Fee $25 (flat fee) $26 (flat fee)
Custodial Fee For groups over 100 $50 (flat fee) $52 (flat fee) Lagoon Rm. Kitchen Fee $75 (flat fee) $78 (flat fee)

Mist, Crane, Gull, Mallard, Bluebird,
Spirit, Clipper, Sunfish, Port (LCC),
Starboard (LCC)
Sail (LCC),Conf(LCC)

Monday – Thursday

$35/hr.

$36.40/hr.

Friday – Sunday $50/hr. $52/hr.

Bluebird Kitchen Fee $100 (flat fee) $104 (flat fee)

Spray and Bow

Monday – Thursday $25/hr. $26/hr.

Friday – Sunday $35/hr. $36.40/hr.

Wind (LCC)

Monday ‐ Thursday $55/hr. $57.20/hr.

Friday ‐ Sunday $85/hr. $88.40/hr.

Administrative Fee $25 (flat fee) $26 (flat fee)
Custodial Fee For groups over 100 $50 (flat fee) $52 (flat fee)

 To be eligible for this rate structure, groups must present the Parks and Recreation Department with their letter of non‐profit status 501(c)(3)
 Deposit fees still apply
 Proof of insurance will be required for all parties or if serving alcohol.

FY 21/22
 First change to a facility and park rental is free. For additional changes (location and date), Renter will incur a $10 charge per change.

FY 22/23
 First change to a facility and park rental is free. For additional changes (location and date), Renter will incur a $10.40 charge per change.

321
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Attachment 1/Schedule B
Page | 3

FOSTER CITY FACILITY RENTALS‐ MATERIAL BASED FEES

Recreation Center Material Fees The Vibe & LCC Material Fees Material FY 21/22 Fees FY 22/23 Fees Material FY 21/22 Fees FY 22/23 Fees Coffee Maker* $10 10.40 BBQ Grill $15 $15.60
Air Pots $10 for 3 $10.40 for 3 Patio Heater $15 each $15.60 each Portable Coat Racks* $10 each $10.40 each Patio Umbrella $15 each $15.60 each Cover for Pool Table $10 each $10.40 each
Portable Stage* $10 each $10.40 each
Podium* $10 $10.40
Microphone* $10 each $10.40 each
TV/DVD Combo $10 $10.40
Portable Screen $10 $10.40
CD Player* $10 $10.40 *Lagoon room only

Foster City School and Audubon Elementary School ‐ Rental Fees

Room Day of the Week FY 21/22
Resident
FY 22/23
Resident
FY 21/22
Non‐resident
FY 22/23
Non‐resident
School MPRs Monday‐Thursday $50 $52 $95 $98.80

Friday‐Sunday $110 $114.40 $135 $140.40

 Proof of insurance will be required for all parties or if serving alcohol.

Foster City School and Audubon Elementary School ‐ Rental Fees – Non‐Profit

Room Day of the Week
FY 21/22
Resident Non‐
Profit
FY 22/23
Resident
Non‐Profit
FY 21/22
Non‐resident
Non‐Profit
FY 22/23
Non‐resident
Non‐Profit
School MPRs Monday‐Thursday $30/hr. $31.20/hr. $35/hr. $36.40/hr.

Friday‐Sunday $45/hr. $46.80/hr. $65/hr. $67.60/hr.

 Deposit for School MPR Rooms is $200.00
 To be eligible for the non‐profit rate structure, groups must present the Parks and Recreation Department with their letter of non‐profit status 501(c)(3)
 To be eligible for the resident non‐profit rate, a roster must be presented showing at least 51% of the group to be Foster City residents in addition to the non‐profit letter
 Deposit still applies
 Proof of insurance will be required for all parties or if serving alcohol.

Special Non‐Profit Facility Rental Fees – Non‐Profit

Special Non‐Profit Category FY 21/22 Rate FY 22/23 Rate County‐Wide Community Group $20/hr $20.80/hr
Foster City Based Non‐Profit Community Group $10/hr $10.40/hr City Use or City Affiliated Community Group No charge No charge

322
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Attachment 1/Schedule B
Page | 4

Foster City Park Rental Rates

Park FY 21/22
Resident Rate
FY 22/23
Resident Rate
Non‐Resident
Rate
Gull, Marlin, Erckenbrack $75 $78 N/A Capacity 50 people Capacity 50 people Boothbay
25‐50 people $125 25‐50 people $130
N/A 51‐100 people $175 51‐100 people $182
101‐150 people $225 101‐150 people $234
Leo Ryan Patio Area $75 $78 N/A Capacity 50 people Capacity 50 people Leo Ryan Amphitheater
Four (4) hour maximum rental time

1‐50 people = $100 flat fee
51‐100 = $125 flat fee
101‐150 = $175 flat fee
151‐200 = $225 flat fee
1‐100 people = $156 flat fee
N/A 101‐150 = $260 flat fee

Leo Ryan Gazebo
Two (2) hour maximum rental time
$40 $41.60
N/A Capacity 25 people Capacity 25 people

Leo Ryan Grass West $40 $41.60 N/A Capacity 25 people Capacity 25 people Bridgeview and Shorebird Park $40 $41.60 N/A Capacity 30 people Capacity 30 people Catamaran, Farragut $65 $67.60 N/A Capacity 30 people Capacity 30 people

FY 21/22
*Inflatable jump house ‐$30 administrative fee

 First change to a facility and park rental is free. For additional changes (location and date), Renter will incur a $10 charge per change.  A $25 cancellation fee will be charged for park rentals cancelled less than seven (7) calendar days in advance of the reservation.
 Rain Out Policy‐ Full refunds will be issued if it rains during a scheduled rental and makes the reserved area unusable. Park user must contact Parks and Recreation Department staff within the week following the date of the permit. Requests to cancel a permit due to the forecast of bad weather will not be granted without a $25 cancellation fee.  Damage reimbursement agreement.

FY 22/23
*Inflatable jump house ‐$31.20 administrative fee

 First change to a facility and park rental is free. For additional changes (location and date), Renter will incur a $10.40 charge per change.
 A $26 cancellation fee will be charged for park rentals cancelled less than seven (7) calendar days in advance of the reservation.  Proof of insurance will be required for all parties that are serving alcohol.  Rain Out Policy‐ Full refunds will be issued if it rains during a scheduled rental and makes the reserved area unusable. Park user must contact Parks and Recreation Department staff within the week following the date of the permit. Requests to cancel a permit due to the forecast of bad weather will not be granted without a $26 cancellation fee.  If you are expecting at least 50 people at your event, it may require a Special Event Application, regardless of whether it is open to the public. If it requires three or more permits, it is considered to have a high impact for review as it must be reviewed by multiple departments in the City’s Interdepartmental Evaluation Committee (IDEC).  Damage reimbursement agreement.

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Attachment 1/Schedule B
Page | 5

Foster City Park Sports Fields Rental Rate

PRIORITY SCHEDULE (In accordance with Foster City Municipal Code Section 12.16.090):

A. City of Foster City sponsored activities
B. Foster City residents
C. Foster City based non‐profit organizations & businesses D. Non‐city non‐profit residents, clubs or organizations City of Foster City sponsored activities E. Foster City youth organizations (AYSO, PYSC, FCLL, FCYSA, FCYBA), city community service organizations, and special interest clubs conducting business meetings or programs which are free and open to the public

Foster City Bocce Court Rental Rates
Resident and Non‐Resident Rates

FY 2021‐2022 FY 2022‐23
Court 1 $20/hr. $26/hr.

Court 2 $20/hr. $26/hr.

Proof of insurance (required if serving alcohol)

Brewer Island Elementary School Gymnasium
Resident and Non‐Resident Rates

FY 2021‐2022 FY 2022‐23
Gym $75/hr. $78/hr.

Liability Insurance* $1,000,000 coverage $1,000,000 coverage *Coverage required for any and all use of the gymnasium

Tennis Courts
Resident Groups/Organizations Only. No private rentals.

FY 2021‐22 FY 2022‐23
Edgewater Court #1 $25/hr. $26/hr.

Edgewater Court #3 $25/hr. $26/hr.

Edgewater Court #4 $25/hr. $26/hr.

Edgewater Court #5 $25/hr. $26/hr.

Boothbay Court #1 $25/hr. $26/hr.

Boothbay Court #2 $25/hr $26/hr.

FY 21/22: Foster City Tennis Club non‐resident rate $35 per year.

FY 22/23: Foster City Tennis Club non‐resident rate $36.40 per year.

FY 2021‐22 FY 2022‐23 FY 2021‐22 FY 2022‐23 FY 2021‐2022 FY 2022‐2023 Foster City Youth
Programs
(Priority A & B
Groups)
Foster City Youth
Programs
(Priority A & B
Groups)
Resident Rate and
Foster City Based
Non‐profits and
Businesses
(Priority C & D)
Resident Rate and
Foster City Based
Non‐profits and
Businesses
(Priority C & D)
Non‐
Resident
Youth and
Teen Rate
(Priority E)
Non‐Resident
Youth and Teen
Rate
(Priority E)
Softball/
Baseball Fields
$10/resident/season
$45/non‐
resident/season
$10.40/resident
$46.80/non‐
resident
$15/hour/team,
plus
$35/non‐
resident/season
$15.60/hour/team,
plus
$36.40/non‐
resident/season
$35/hour $36.40/hour
Soccer Fields $10/resident/season
$45/non‐
resident/season
$10.40/resident
$46.80/non‐
resident
$20/hour per
team, plus
$35 per non‐
resident/season
$20.80/hour per
team, plus
$36.40 per non‐
resident/season
$35/hour $36.40/hour
Field Lights $30/hour $31.20/hour $35/hour $36.40/hour $35/hour $36.40/hour

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Attachment 1/Schedule B
Page | 6

Pickleball Courts
Resident Groups/Organizations Only.

No private rentals.

FY 2021‐22 FY 2022‐23
Leo Ryan Pickleball Court #1 $25/hr. $26/hr.

Leo Ryan Pickleball Court #2 $25/hr. $26/hr.

Leo Ryan Pickleball Court #3 $25/hr. $26/hr.

Leo Ryan Pickleball Court #4 $25/hr. $26/hr.

Leo Ryan Pickleball Court #5 $25/hr. $26/hr.

Leo Ryan Pickleball Court #6 $25/hr. $26/hr.

Foster City Outdoor Volleyball Court Rental Rates
Resident and Non‐Resident Rates

FY 2021‐22 FY 2022‐23
Sand Court at Catamaran Park N/A $26/hr.

Sand Court at Boothbay Park N/A $26/hr.

Citywide Special Event Fees

The goal of Special Event Fees is full cost recovery of events, while encouraging and supporting events that help promote a sense of community, enrich Foster City's culture and support the City's philosophy of inclusiveness and other values, by helping organizers A) lower costs and B) eliminate process burden and bureaucracy, where possible, without adding risks/unintended consequences.

DEFINITIONS
 Recurring Event ‐ For the purpose of this fee, a "Recurring Event" is an event that has been held in Leo Ryan Park for at least the previous three (3) years without incident and has an anticipated attendance of under 3,000 people.

 Foster City Based Organizer ‐ For the purpose of this discount, a "Foster City Based Organizer" maintains a physical presence (e.g., an office) in Foster City and its membership is at least 51% Foster‐City based.

A special event is often referred to an outdoor function with over 50 people in attendance. Once the application is reviewed by City Staff, it will be forwarded to IDEC for further review if applicable. Per City Council direction, non‐city co‐sponsored special events are to be cost recovery.

*IDEC stands for Interdepartmental Evaluation Committee

FEE TITLE FY 2021‐2022 FY 2022‐23
Application Fee ‐ Low Impact Events $1,021 $1,061
Application Fee ‐ Recurring High Impact Events (See Definition) $2,009 $2,089 Application Fee ‐ Nonrecurring High Impact Events (See
Definition) $3,349 $3,482
High Impact Recreation Center Day Fee $2,070 $2,152
Street Closure Approval Fee $1,155 $1,201
Boulevard Closure by City Staff $22,914 $23,830
Special Events Open to the General Public without an entrance cost ‐ Discount for Foster City Based Organizers (See Definition) 50% off Non‐Permit fees
up to $10,000 cap
50% off Non‐Permit fees up
to $10,000 cap
Special Events Open to the General Public without an entrance cost ‐ Discount for Organizers Not Based in Foster City 25% off Non‐Permit fees
up to $5,000 cap
25% off Non‐Permit fees
up to $5,000 cap
325
155
Schedule A
City of Foster City / Estero Municipal Improvement District FY 2022-2023 Staff Billing Rate
City Clerk/Communications Department
FY2022-2023
Billing Rate Parks & Recreation
FY2022-2023
Billing Rate
Communication Manager 122 $ Administrative Assistant 165 $ Communications Director / City Clerk 242 $ Building Services Coordinator 147 $ Deputy City Clerk 122 $ Director of Parks & Recreation 311 $ Office Assistant 66 $ Irrigation Technician 174 $ Social Media / Communication Assistant 110 $ Management Analyst I 222 $ Management Coordinator 177 $
City Manager Department Office Assistant 135 $ City Manager 348 $ Parks Maintenance Lead Worker 174 $ Deputy City Manager 240 $ Parks Maintenance Manager 244 $ Management Analyst I 140 $ Parks Maintenance Worker I 134 $ Management Coordinator 123 $ Parks Maintenance Worker II 155 $ Principal Management Analyst 178 $ Recreation Coordinator 182 $ Recreation Manager 244 $
Information Technology Manager 198 $
Sr. Systems Analyst 167 $
Technology Analyst I 131 $ Public Works Department Administrative Assistant 186 $
Community Development Department Associate Civil Engineer 228 $ Assistant Planner 198 $ Building and Vehicle Maintenance Manager 244 $ Associate Planner 228 $ Building Maintenance Lead Worker 173 $ Building Inspector 228 $ Building Maintenance Worker I 139 $ Building Permit Technician I 140 $ Building Maintenance Worker II 156 $ Building Permit Technician II 154 $ Director of Public Works 311 $ Chief Building Official 284 $ Engineering Manager 284 $ Code Enforcement Officer 113 $ Equipment Maintenance Worker 153 $ Community Development Director 311 $ Management Coordinator 190 $ Housing Coordinator 171 $ Mechanic I 172 $ Management Analyst I 171 $ Office Assistant I/II 171 $ Management Assistant 140 $ Prinicpal Management Analyst 259 $ Office Assistant I/II 113 $ Public Works Maintenance Lead Worker 228 $ Plan Examiner 281 $ Public Works Maintenance Manager 284 $ Planning Manager 284 $ Public Works Maintenance Superintendent 254 $ Senior Bldg Inspector 254 $ Public Works Maintenance Worker I/II 198 $ Senior Planner 254 $ Senior Engineer 275 $ Senior Engineering Technician 198 $
Financial Services Department Vehicle Maintenance Worker I 139 $ Accountant I 104 $
Administrative Assistant II 83 $ Police Department Assistant Finance Director 183 $ Management Analyst I 125 $ Finance Director 237 $ Police Captain 254 $ Financial Services Manager 176 $ Police Chief 284 $ Senior Accountant 148 $ Police Corporal 178 $ Sr/Accounting Specialist 89 $ Police Dispatch Supervisor 166 $ Sr/Accounting Technician 104 $ Police Dispatcher 138 $ Police Lead Dispatcher 155 $
Police Lieutenant 224 $
Human Resources Department Police Officer 154 $ Human Resources Analyst 140 $ Police Records Specialist 97 $ Human Resources Director 286 $ Police Records Supervisor 131 $ Sr. Human Resources Analyst 171 $ Police Recruit 136 $ Human Resources Technician 123 $ Police Sergeant 193 $ Sr. Comm. Services Officer 100 $
Reserve Officer 57 $
Staff billing rates were updated in FY 2017-2018 as part of the May 2017 Capital Accounting Partner User Fee Study and adjusted annually thereafter for cost escalation. A copy of the User Fee Study can be found at https://www.fostercity.org/finance/page/master-fees-and-service-charges-schedule. 326
156
DATE: April 18, 2022

TO: Mayor and Members of the City Council

VIA: Edmund Suen, Interim City Manager

FROM: Louis Sun, Public Works Director
Paul Nagengast, Project Advisor, Regional Government
Services

SUBJECT: LEVEE IMPROVEMENTS PROJECT (CIP 327-657) - MARCH 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 March 21, 2022, are included in the attached Construction Managers Report and listed below:
Staff is continuing conversations with various regulatory agencies regarding the mitigation requirement to provide full tidal action into O’Neill Slough. Staff will provide a verbal update to City Council when known as to the results of the discussions with the regulatory 157
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 their report to the permitting regulatory agencies. Based on further analysis of the survey results, if the request of the report is to return to the area before September 2 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. However, if the bird nesting survey indicates minimal to no nesting birds and the regulatory agencies approve, the Contractor would be able to return to this area in April/May. In which case, 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. Progress related to flood wall 25 and 10 continues to be made. The Contractor has moved easterly to complete subgrade excavations and will initiate forming and placing concrete for Floodwall 11 footings near Werder Pier.
The Contractor has been scheduling and completing work along Beach Park Boulevard during the Phase 1 work restrictions including, but not limited to, finalizing the concrete cap and bay-side paths near Floodwall 12 which is close to Bridgeview Park, constructing land side access points and associated flat work, constructing street light foundations and installation of water irrigation main for landscape maintenance.
The Contractor has completed approximately 3.6 miles of the 4.2 miles of the revised concrete cap for the top of installed sheet piles (CCO #9; $110K and #10; $932K) along Beach Park Boulevard and Phase 1 locations near Sea Cloud Park. The production rate of constructing the concrete cap has not changed much from last report as the Contractor has been concentrating on other items of work. The concrete cap remaining to be constructed is mainly in Phase III 158
between Baywinds Park and San Mateo Bridge and portions of Phase I within the restricted permit area.
The Contractor continues to work on the block retaining walls related to CCO #20, which include retaining walls 2 and 4. Significant progress has been made on retaining wall 4 and will be completed following the construction of access point 10 near the San Mateo Bridge next to Bayside Towers parking lot.
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 = $87M Bond Measure = $90M; Bonds Released = $85M; Additional City reserves for Project if necessary = $10M
Bid: Shimmick: $60.2M; and $9M contingency for change orders. Payments: Shimmick: $43M; Others: $11.6M; Total: $54.6M Change Orders Approved: As of 4/04: CCO #1-22 = $4.7M
Change Orders Anticipated: TBD

FISCAL IMPACT
159
Fiscal impacts to the Project are presented to City Council as a separate agenda item with a recommended action to take from City staff.

While there are no fiscal impacts requiring City Council approval associated with this Project update, staff will be presenting to City Council for approval at a future City Council meeting a construction contract change order. This change order is necessary due to a change in backfill limits and material to facilitate the use of originally specified Lightweight Cellular Concrete (LCC).

Additional cement was necessary to be added to the LCC mixture for higher dry densities in the backfill behind the levee. A detailed staff report will be presented by staff at a future City Council meeting.

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 - March 2022 Attachment 2 - Expenditure Report as of March 31, 2022 Attachment 3 - Memorandum and Communications Metrics - March 2022 Dashboard Report
160
MONTHLY CONSTRUCTION MANAGER’S REPORT
Foster City Levee Improvements Project
City Project No. CIP 301-657
Contractor: Shimmick Construction Co Report Period: March 1-31, 2022 CM: Tanner Pacific, Inc.

Designer: Schaaf & Wheeler
Original Contract
Duration
(Calendar Days):

Days Elapsed: 550 % Elapsed: 45.8%
Substantial Final
Completion Completion
Date: Date:

Original Contract Approved Revised
Contract
Value: CCOs: Value:

Contingency: $9,000,000.00 Remaining
Contingency: $ 4,383,577.97 % Contingency
Used: 51%
Costs Billed to Date: $42,113,613.11 % of Contract
Billed to Date: 65%
$60,218,000.00 $ 4,616,422.03 $64,834,422.03
Contract/Schedule Update
1200 Additional Days
Granted: 0 Calendar Days
Remaining: 650
Notice To Proceed: 9/28/2020 10/2/2023 1/10/2024
Cost Management Update
Attachment 1
161
MONTHLY CONSTRUCTION MANAGER’S REPORT

Work Summary
Recently Completed:

• Initial paving and striping submittals
• Concrete stem wall placement for Floodwall 3 (near Baywinds Park) • and backfill
• Floodwall 4 initial concrete footing placement (near Baywinds Park) • Finalization of AP-9 Pedestrian bridge foundation design submittals • Retaining Wall 2 initial courses of block placement near ~Sta. 93+00 • Floodwall 25 concrete footing placement at ~ Sta. 98+50 (near SM Bridge) • Initial subgrade excavation for Floodwall 11 ~Sta. 102+00 (adjacent to Werder Pier) • Electrical irrigation conduit installation near ~Sta. 105+00 (near Bridgeview Park) • Commencement of street light pole foundations along Phase II • Commencement of irrigation mainline installation along Phase II near Access Points 15-20 • Beginning of storm drain pipe installation near ~Sta. 189+00 (near Shorebird Park) • Completion of bird nesting protocol surveys for 2022 in Phase III (Shorebird Park to Southern Project Limit)

Upcoming:

• Continued submittals for landscaping, irrigation, striping, and site furnishings • 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)
• Excavation for Retaining Wall 1 construction near ~Sta. 50+00 (south of Baywinds Park) • Floodwall 4 final concrete footing placement near ~ Sta. 45+00 (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) • Continued 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)
• Floodwall 11 concrete footing placement near ~Sta. 102+00 (adjacent to Werder Pier) • 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 street light foundations along Phase II, Beach Park Blvd • Continued irrigation main installation along Phase II (Shorebird Park to Bridgeview Park) • Report submission to regulatory agencies on bird nesting protocol surveys for 2022 in Phase III (Shorebird Park to Southern Project Limit)

162
MONTHLY CONSTRUCTION MANAGER’S REPORT

Monthly Progress Photos

Placement of concrete for the Floodwall 04 footing
near Baywinds Park in Phase III
Rebar and formwork placement for Floodwall 11 footing
near Sta. 102+00 (adjacent to Werder Pier)

Concrete placement for street light foundations along
Beach Park Blvd in Phase II
Lightweight Cellular Concrete and block placement at
Retaining Wall 2 near Sta. 93+00

163
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
3/31/22
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 $4,616,422.03 $4,383,577.97 Active Tanner Pacific (TPI) Construction Management and Inspection 6,698,877.00$ 300,000.00$ 491,500.00$ 7,490,377.00$ 7,550,000.00$ $3,824,500.04 $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$ $2,161,833.77 N/A N/A Active Urban Planning Partners (UPP) Planning Consultant - EIR 340,404.00$ 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$ $169,402.50 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 49,000.00$ -$ 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$ $10,561.75 $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$ $179,597.64 Active Miscellaneous Expenses Property Acquistion Cost of acquisition 100,000.00$ 100,000.00$ $0.00 In Progress Burke, Williams & Sorenson, LLP* City Attorney $ 500,000.00 $ 500,000.00 $357,813.62 Active TBWB Strategies (TBWB) Public Outreach 29,986.00$ 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$ $54,567,486.59 *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
164
City of Foster City

MEMORANDUM
DATE: April 5, 2022
TO: Mayor and Members of the City Council
VIA: Edmund Suen, Interim City Manager
FROM: Jennifer Vaughn, 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 March 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 March 2022 , the City gained approximately 109 new followers/subscribers across all social platforms (Facebook, Twitter, Instagram, Nextdoor and the Levee E-Newsletter).
• The number of Levee Project inquiries in March 2022 totaled 12, 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 and 8 inquiries in February 2022. • The team conducted a presentation to the County Engineers Association in March 2022. Additionally, Senior Civil Engineer Francine Magno presented at the 2022 Silicon Valley Women in Engineering Conference . There continues to be a consistent demand for speaking engagements and presentations from the project team, with several engagements already scheduled for April and beyond.

Attachment 3
165
• In March 2022, the City released a new Mayoral Minute episode featuring the Levee Improvements Project. In the video, Mayor Richa Awasthi toured the project construction site with members of the Public Works team and provided proj ect updates. A post promoting the episode was the best -performing post across all social media platforms in March 2022.

• The team has continued communication with Recreational Water User representatives in March 2022 to touch base regarding future constru ction activities and access impacts. Public Works Director Louis Sun has been the main point of contact to ensure an open line of communication , while also coordinating with the rest of the project team to ensure consistency in communications . The project team will provide further updates when a definitive work schedule is available.

• There have been no new levee petition signatures since August 2021.

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 March, social media reach and engagement remained consistent, due in part to posts on Instagram and Nextdoor highlighting the Mayoral Minute. As mentioned above, the construction team will continue work with the project team to provide updated information to the Recreational Water User community once a definitive work schedule is available. 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.

166
1 Levee Project CommunicationsPrepared by: Danielle RodriguezMonthly Dashboard ReportMarch 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 - February2,467 1,543 1,68414,8311,2212022 - March [3]2,478 1,552 1,70414,8951,229

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 20 2022 - March2 1 Presentation to County Engineers Association, 1 Presentation at 2022 Silicon Valley Women in Engineering Conference [7]2021 - February1 97 452021 - March1 48 202021 - April1 28 202021 - June0 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 02022 - March0 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 - April21 0.72021 - May 22 0.72021 - June16 0.52021 - July48 1.52021 - August16 0.52021 - September16 0.52021 - October8 0.22021 - November14 0.42021 - December8 0.22022 - January4 0.12022 - February8 0.22022 - March12 0.3 167
2 NUMBER OF LEVEE PROJECT POSTS [8]City FacebookCity Twitter [9]City Instagram*City Nextdoor2020 - November1 1 0 02020 - December4 4 0 12021 - January8 7 5 22021 - February7 12 7 12021 - March12 21 9 22021 - April7 20 4 162021 - May 5 8 1 72021 - June8 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 12022 - March [10]11 11 1 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 [11]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 1,078 0 1,062 4,841 In September 2021, Tripepi Smith did not boost levee project related posts.2022 - March1,475 1,293355 [12]797 3,920 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.In February 2022, Tripepi Smith did not boost levee project related posts.In March 2022, Tripepi Smith did not boost levee project related posts.

LEVEE POST ENGAGEMENT [13]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 - June87 60 94 13 2542021 - July875 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 27 0 2 1882022 - March90 26 6 0 122 [14] 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 Vistors2022 - March # of Vistors [15]Average Visits Per DayAverage Visit Length (Minutes)fostercity.org [16]2940 3423 4601- - - - - - - - - - - - - - - -fostercitylevee.org [17]- - - 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 2,628 85 1:40 168
3 LEVEE PETITIONPetition Signatures2021 - February2,7192021 - March2,7192021 - April2,7202021 - May2,7222021 - June2,7222021 - July2,7232021 - August2,7222021 - September2,7222021 - October2,7222021 - November2,7222021 - December2,7222022 - January2,7212022 - February2,7212022 - March [18]2,721

TOP LEVEE PROJECT SOCIAL MEDIA POSTS
City FacebookThe top Facebook posts during March for the Levee Project shows residents/followers interact the most with a post promoting the latest City TwitterThe top Twitter posts in March for the Levee Project shows residents/followers interact the most withMayoral Minute video featuring the Levee Improvements Project, website reminders and safety tips.the latest Mayoral Minute video featuring the Levee Improvements Project, safety tip posts and website reminders.

City InstagramThe Levee Improvements Project published a post on Instagram highlighting a Mayoral Minute video featuring Mayor Richa Awasthi touring the project construction site with members of the Public Works team. 169
4 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.

BOOSTED LEVEE PROJECT POSTSTripepi Smith did not boost any levee project-related social media posts in March 2022.

NOTABLE LEVEE PROJECT MEDIA MENTIONSPlatformGroup Post URLSan Mateo Daily Journal- What about those moving forward? https://www.smdailyjournal.com/opinion/columnists/what-about-those-moving-forward/article_1afa5bca-a4dc-11ec-bcee-730c30f20e27.htmlFacebookFoster City Together https://www.facebook.com/groups/347395922628639

OTHER NOTABLE LEVEE PROJECT SUPPORT
Social media monitoring Since January 2021, 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 170
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] Followers/subscribers 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] The Levee Improvements Project team participated at the 2022 CEAC Spring Conference. Additionally, Senior Civil Engineer Francine Magno presented at the 2022 Silicon Valley Women in Engineering Conference in March 2022. [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] More posts were published in March 2022 compared to February 2022 partially because February was a short month. Additionally, there were more project- related posts published due to the Mayoral Minute video featuring the Levee Improvements Project. [11] Instagram Impressions: The number of times your content is displayed, no matter if it was clicked or not. [12] March 2022 marked the first levee-related Instagram post since August 2021. [13] 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). [14] Overall engagement for March 2022 remains consistent with prior months. [15] The number of page views on the project website decreased from prior months likely because work is ongoing at this point. As milestones are completed, the project team will update the website, which typically drives website traffic. [16] 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 171
6 [16] 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 [17] 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.
[18] There have been no new signatures since August 2021 and an additional signature was removed from the petition in January 2022. 172
DATE: April 18, 2022

TO: Mayor and Members of the City Council

VIA: Edmund Suen, Interim City Manager

FROM: Tracy Avelar, Police Chief

SUBJECT: ORDINANCE REGARDING POLICE DEPARTMENT
ACQUISITION AND USE OF MILITARY EQUIPMENT;

APPROVE MILITARY EQUIPMENT USE POLICY

RECOMMENDATION
It is recommended that City Council waive first reading and introduce an ordinance regarding Police Department acquisition and use of Military Equipment in accordance with state law, and approve the Military Equipment Use Policy.

EXECUTIVE SUMMARY
In order to comply with AB 481 and the California Government Code, staff is recommending that the City Council review and introduce the Military Equipment Use Ordinance. Through adoption of the Military Equipment Use Ordinance, the City Council would also approve the attached Military Equipment Use Policy in compliance with state law.

BACKGROUND
On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law. Subsequently, California Government Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481. The text of AB 481 and the above-mentioned California Government Codes are 173
attached to this Staff Report for reference.

AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions related to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Report prepared by the law enforcement agency, that the military equipment does not comply with the above-described standards for approval.

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

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

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
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2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

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

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

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

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

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

California Government Code Section 7071(b) requires that the Police Department post to its website the Military Equipment Use Policy that it plans to propose to the City Council at least 30 days prior to any public hearing concerning the policy. The Police Department complied with this requirement by posting the policy being proposed tonight, to its public website, on March 18, 2022.

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

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

2. The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
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3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

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

As discussed herein, the military equipment possessed by the Police Department or its regional partners who may use such military equipment is possessed because those specific apparatus provides tools which the Department cannot obtain elsewhere, and in the event they are needed, provides a safety mechanism not achievable in the same manner elsewhere.

As such, the equipment is possessed in order to help safeguard the public's welfare, safety, civil rights, and civil liberties. As can be seen in the list of equipment (Attachment 6), the items possessed by the Department are reasonably cost effective. The equipment under Government Code 7070(c) was used in compliance with the various applicable and existing policies of the Foster City Police Department.

Essentially, the limited military equipment possessed by the department is necessary, cost effective, and when used properly (and consistent with applicable policies) provides tools which the Department could not obtain elsewhere.

California Government Code Section 7070(e) establishes that the Police Department is responsible for delivering to the City Council an Annual Military Equipment Report, which the City Council can utilize to confirm compliance with the Military Equipment Use Policy and the accompanying Military Equipment Use Ordinance.

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

That said, California Government Code Section 7070 provides a list of sixteen (16) types of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated California Government Codes, and the Police Department does possess and use some 176
of these listed types of equipment. Of the sixteen (16) types of equipment specified, the Police Department possesses only three (3) types. The list of the sixteen (16) types of Military Equipment per California Government Code Section 7070 is included below. Equipment types that the Police Department possesses are noted in bold type.

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

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

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

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

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

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

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

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

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

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

10.Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
a) The Police Department possesses 18 semi-automatic rifles and one bolt action rifle. 14 of the semi-automatic rifles are standard- issue duty weapons that are for all Peace Officers, which actually exempts them from this policy per California Government Code Section 7070(c)(10). We have nonetheless included them in this policy in the interests of full transparency. The remaining 4 semi- 177
automatic rifles are issued to our assigned SWAT officers. The 1 bolt action rifle is issued to our SWAT Sniper. Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: Situations where the officer reasonably anticipates an armed encounter; when an officer is faced with a situation that may require accurate and effective fire at long range; situations where an officer reasonably expects the need to meet or exceed a suspect's firepower; when an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage; when an officer reasonably believes that a suspect may be wearing body armor; when authorized or requested by a supervisor. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

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

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

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

14.The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
a) The Police Department possesses sixteen (16) 40mm less lethal projectile launchers. The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

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

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

Additionally, the Foster City Police Department participates in a regional SWAT team (NCR SWAT), which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to California 178
Government Code Section 7070. While the equipment possessed by NCR SWAT is not purchased, owned, or maintained by the Police Department, it could be used in the City of Foster City if NCR SWAT is deployed, and is therefore included in the proposed Military Equipment Use Policy. It is important to note that NCR SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high-risk search and arrest warrants. The equipment NCR SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.

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

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

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

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

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

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

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

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

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

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

10.Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 179
of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

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

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

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

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

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

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

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

Pursuant to California Government Code §7070(d)(7), the proposed Military Equipment Use Policy also provides the avenues through which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in the policy. These means include:

1. Via email to: [email protected]

2. Via phone call to: (650) 286-3300

3. Via mail sent to:

Foster City Police Department
Attn: Military Equipment Use Coordinator
1030 East Hillsdale Boulevard
Foster City, CA 94404
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Staff has drafted the attached Military Equipment Use Policy, as required by law, for City Council to consider for adoption.

If approved, the Department would submit an annual military equipment report to the governing body describing the following:

1. A summary of how the military equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the military equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

5. The quantity possessed for each type of military equipment.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

In addition, within 30 days of submitting the annual report, the Department would hold at least one well publicized community meeting where the general public could discuss and ask questions regarding the issues above.

FISCAL IMPACT
There is no fiscal impact.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This action supports the City Council’s Value/Priority area of "Public Safety and Social Equity" through a transparent and open Military Equipment Use Policy.

Attachments:
Attachment 1 - Ordinance
Attachment 2 - Text of California Assembly Bill 481 (AB 481) 181
Attachment 3 - Text of California Government Code Section 7070 Attachment 4 - Text of California Government Code Section 7071 Attachment 5 - Text of California Government Code Section 7072 Attachment 6 - AB 481 Equipment List
Attachment 7 - Proposed Military Equipment Use Policy
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ORDINANCE NO.

AN ORDINANCE OF THE CITY OF FOSTER CITY REGARDING POLICE

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

APPROVING THE MILITARY EQUIPMENT USE POLICY

CITY OF FOSTER CITY
The City Council of the City of Foster City does ordain as follows:

WHEREAS, effective January 1, 2022, Assembly Bill 481 (AB 481) (Government Code sections 7071 et. seq.) sets forth a process by which law enforcement agencies are to obtain approval from their governing bodies of a military equipment use policy through the adoption of an ordinance; and
WHEREAS, AB 481 added California Government Code Sections 7070, 7071, and 7072 to codify the requirements set forth in AB 481 including that the City Council of Foster City approve a Military Equipment and Use policy by Ordinance; WHEREAS, pursuant to Government Code Section 7071(a)(1), requires that an ordinance must be timely adopted before a law enforcement agency may acquire or use new or existing military equipment and engage in other specified activities; and WHEREAS, the Foster City Police Department currently has military equipment (as that term is defined in Government Code section 7070(c)) in its inventory; and WHEREAS, the Foster City Police Department works closely with other local, county, state and federal law enforcement agencies within San Mateo County on police related matters, including safeguarding the public’s welfare and safety, working on regional task forces, conducting training exercises, providing mutual aid and responding to emergencies; and
WHEREAS, in exigent circumstances, there is sometimes the need to deploy military equipment from or lend military equipment to outside entities to promote the safety and security of community members; and
WHEREAS, the continued collaboration with other law enforcement agencies in the deployment or other use of military equipment within the City is necessary to safeguard the public’s welfare, safety, civil rights and civil liberties and there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
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WHEREAS, Foster City Police Policy 709 sets forth a military equipment use policy that is consistent with the Police Department’s current practices, has been posted on the Department’s website for at least thirty (30) days, complies with all the requirements of AB 481, will ensure ongoing regulation and compliance with the law going forward and will provide a means of community engagement and transparency regarding use of military equipment by the Department; and WHEREAS, public notice has been provided in accordance with applicable law;
and
WHEREAS, the City Council desires to approve a military use policy in compliance with AB 481.

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

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

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

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

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

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

E. Prior military equipment use, as defined by AB 481, by the Foster City Police 184
Department complied with applicable policies in effect at the time of the use.

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

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

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

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

Section 5. Effective Date. This ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Foster City shall cause this ordinance to be published pursuant to the provisions of Government Code Section 36933.
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This Ordinance was introduced and read on the 16th day of April, 2022, and passed and adopted on the _____ day of _____________ 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
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eJ� . # �IVE INFORMATION
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-2, SHARE THIS: IJ t
Assembly Bill No. 481
CHAPTER406
Date Published: 10/01/2021 09:00 PM
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. J

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before pay ment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to https://leg info. legislature .ca .gov/faces/bi IINavClient.xhtml?bill_id=202120220AB481 1/5 Attachment 2
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4/5/22, 9:38 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state, Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPT,E OF THE STATE OF CALIFORNIA DO ENACT AS FOtLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read :

CHAPTER 12.8. Funding, Acquisition, and Llse of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply:
(a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
(c) "Military equipment" means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?billid=202120220AB481 188
4/5/22, 9:38 AM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons, (15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), "military equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) "Military equipment use policy" means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) "Type" means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 oT Title 5), as applicable, prior to engaging in any of the following :
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?billid=202120220AB481 189
Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
4/5/22, 9:38 AM
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to lanuary 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any interna! audits, any information about violations of the military equipment use policy, and any actions taken in response.
https://Ieginfo.legislature.ca.gov/faces/billNavClient.xhtml?billid=2021 20220AB481 190
Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. 4/5/22, 9:38 AM
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency's funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency's internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor's designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people's business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?billid=202120220AB481 191
Attachment 3

GOVERNMENT CODE-GOV
TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134.) DIVISION 7. MISCELLANEOUS [6000 - 7599.104] ( Division 7 enacted by Stats. 1943, Ch. 134.)
CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [ 7070 - 7075] ( Chapter 12. 8 · added by Stats. 2021, Ch. 406, Sec. 2. )
For purposes of this chapter, the following definitions shall apply:
7070. (a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office, "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(l) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office.
(4) A county probation department.
( c) "Military equipment" means the following:
(1) Umnanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five­ ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&sectionNum=7070.&op_statues=2021&op_chapter=406&op_s 1/2 192
4/5/22, 9:44 AM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&sectionNum=7070.&opstatues=2021&op... issued to officers, agents, or employees of a law enforcement agency or a state agency. (11)Any fireatm or fireatm accessoty that is designed to launch explosive projectiles. (12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water caru'ions, and the Long Range Acoustic Device (LRAD). (14) Tlie following projectile launch platforms and tlieir associated munitions: 40mtn projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), "military eqriipment" does not inchide general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) "Military equipment use policy" means a publicly released, written document governing the use of military eqriipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of militaiy equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and arithorized rises for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. (7) For a law enforcement agency, the procedures by which members of the public may register complaints or concems or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the Califomia Constitution.
(f) "Type" means each item that shares the same manufacturer model number. (Added by Stats. 2021, Ch. 406, Sec. 2. (AB 481) Effective January 1, 2022.) https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?IawCode=GOV&sectionNum=7070.&opstatues=2021&opchapter=406&ops... 2/2 193
Attachment 4

GOVERNMENT CODE-GOV
TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats, 1943, Ch, 134.) DIVISION 7. MISCELLANEOUS [6000 - 7599.104] ( Division 7 enacted by Stats, 1943, Ch. 134,)
CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment [7070 - 7075] ( Chapter 12.8 . added by Stats, 2021, Ch. 406, Sec. 2. )
(a) (I} A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 ( commencing with Section 11120) of Chapter I of Part I of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May I, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b ), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the military equipment at issue. ( c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter I of Part I of Division 3 of Title 2) or the Ralph M, Brown Act (Chapter 9 (commencing with Section 54950) of Part I of Division 2 of Title 5), as applicable. ( d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&sectionNum =7071.&op _statues=2021 &op _chapter=406&op _ s... 1 /2 194
4/5/22, 9:45 AM https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&sectionNum=7071.&opstatues=2021 &op. (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment rise policy will safeguard the priblic's welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available altematives that can achieve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, conective action has been taken to remedy nonconforming uses and ensure fixture compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use. (e) (l) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part l of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (cornmencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The goveming body shall detemine, based on the annual militaiy equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the goveming body determines that a type of military eqriipment identified in that annual military eqriipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of militaiy equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inctusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. (Added by Stats. 2021, Ch. 406, Sec. 2. (AB 481) Effective January 1, 2022.) https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&sectionNum=7071.&opstatues=2021&opchapter=406&ops... 2/2 195

GOVERNMENT CODE-GOV
TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134.) DIVISION 7. MISCELLANEOUS [6000 - 7599.104] ( Division 7 enacted by Stats. 1943, Ch. 134.)
CHAPTER12.8. Funding, Acquisition, and Use of Military Equipment [7070 -7075] ( Chapter 12.8 added by Stats. 2021, Ch. 406, Sec. 2. )
(a) A law enforcement agency that receives approval for a militaiy equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the7072. governing body within one year of approval, and annually thereafter for as long as the militaiy equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annnal militaiy equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(l)A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any infonnation about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the aimual military equipment report. (5) The quantity possessed for each type ofmilitaiy equipment. (6) If the law enforcement agency intends to acquire additional militaiy equipment in the next year, the quantity sought for each type of militaiy equipment.
(b) Within 30 days of submitting and pnblicly releasing an anoual militaiy equipment report pursnant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the anoual militaiy equipment report and the law enforcement agency's funding, acquisition, or use of militaiy equipment.
(Added by Stats. 2021, Ch. 406, Sec. 2. (AB 481) Effective January 1, 2022.) https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&sectionNum=7072.&op_statues;::2Q21&op_chapter=406&op_s... 1/1 Attachment 5
196
Attachment 6

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

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

Manufacturer Product Description:

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

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

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

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

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

i. SPEER GOLD DOT .223 CALIBER 62 GRAIN RIFLE ROUND, cost: $260 per case of 500, quantity: 1700 rounds. Remington ammunition made by Speer is reloadable, features nickel- plated brass cases and Boxer primers, and this is a non-corrosive round. The Gold Dot LE ammunition goes through a process of joining the jacket and core one molecule at a time, thanks to this, Speer eradicates the potential for the leading cause of bullet failure (jacket/core separation). This process will guarantee extraordinary weight retention through barriers as strong as auto-glass. In addition to its remarkable strength, Gold Dot rifle ammunition asserts remarkable accuracy. With exact tolerances and unparalleled bullet uniformity of jacket thickness.

ii. FEDERAL AMERICAN EAGLE AMMUNITION 223 55 GRAIN FULL METAL JACKET, cost: $192.26 per case of 500, quantity: 2000 rounds. Federal American Eagle Ammunition is designed specifically for target shooting, training and practice. This ammo is loaded to the same specifications as Federal's Premium loads, but at a more practical price for economical practicing. This ammunition is new production in reloadable brass cases.

iii. FEDERAL 9MM AMERICAN EAGLE 147 GRAIN FMJ TRAINING AMMUNITION, cost:
$218.93 per case of 500, quantity: 8500 rounds. Whether you’re looking for contemporary calibers or a couple of classics, our American Eagle line has what you’re looking for. Loaded with clean-burning powders, Federal grade primers and brass, and a choice of bullet styles, shooters know they get quality and affordability with American Eagle. Hit your target and train harder with the proven line of American Eagle® handgun ammunition. It provides 197
performance similar to self-defense and competition loads for a familiar feel and realistic practice.

iv. ENGEL BALISTIC RESEARCH. Quantity 1600 rounds, Cost: $3,120.00: The Lead-Free EBR Frangible .50 line is designed specifically to allow the shooter to utilize the incredible power of a .50 caliber weapon system in environments and ranges that normally do not permit the use of .50 caliber weapons. EBR frangible ammunition provides an extra measure of accuracy and safety for those training or performing job- related duties in urban areas. The projectile is designed to break apart and expand on contact with hard surfaces, significantly reducing the chance of ricochet or over- penetration.

Purpose/Authorized Uses:

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

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

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

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

Other Notes:

Equipment Name: .308 Bolt Action Rifle – Remington 700 win and ammo Quantity Owned/Sought: 1 owned Lifespan: One (1) year limited warranty.

Barrel life rated for approximately 5,000
rounds.

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

Manufacturer Product Description:

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

Top choice of elite military snipers, the Model 700 is unequalled in tactical precision. Whether defending freedom or pursuing big game, its out-of-the-box accuracy is unmatched.

(Description source: https://www.remarms.com/rifles/bolt-action/model-700/) 198
The Remington 700 Bolt Action Rifle is capable of firing a .308 projectile bullet.

i. Hornady 308, 168 grain AMAX, quantity 200 rounds, cost $400: The 168 gr. A-MAX® bullet is a traditional match grade bullet with the performance advantages of a polymer tip. This bullet demonstrates an increase in penetration and retained weight over the 155 gr. A-MAX® bullet. Standard barrier performance is exemplary, and this load demonstrates controlled and impressive soft tissue expansion without over penetration. The Hornady® 168 gr. A-MAX® TAP Precision® offers industry leading all-around performance for law enforcement precision marksmen providing the ability to stop a threat.

ii. RUAG .308 STYX 167 grain SWS P 200 Hornady 308, quantity 80 rounds, cost $435.00: The hyper expanding hollow point bullet immediately deposits its energy within a very short distance providing excellent stopping power on soft targets and is direction stable. The sophisticated bullet tip provides an absolutely reliable hyper expansion to approximately twice the original diameter. Tight production tolerances and small production batches ensure constant ballistic values and stringent quality controls guarantee identical trajectory from batch to batch. A wide range of special purpose bullets provide the desired terminal effect on hard and soft targets on every mission. All .308 Win. SWISS P rounds have an identical point of impact at 100 m which allows the shooter to instantly change the bullet type.

iii. Black Hills.308 Winmatch, 168 grain AMAX, quantity 1,000 rounds, cost $1,400.00: Black Hills produces factory new ammunition equal to some of the best handloads and is quickly becoming one of most popular manufacturers of ammunition. Used primarily by all branches of the United States military, this ammunition is also used by competitive shooters and hunters. This ammunition is new production, non-corrosive, in boxer primed, reloadable brass cases.

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

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

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

Fiscal Impacts: 1,000.00
Legal/Procedural Rules Governing Use:

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

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

Other Notes:
199

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

Manufacturer Product Description:
i. ALS09NR (Flashbang) / TD Multiport Plus Distraction Device, cost $51.92 each, quantity 4: The Multi-Port™ II Distraction Device® Non-Reloadable is a new addition to the Defense Technology® product line. This device continues to provide the customer with the same historical performance as the Low Roll II™ Non-Reloadable Distraction Device but incorporates a round body and a water-resistant charge tube. • Single use, non-reloadable device • Delivers a sound and light output which are noticeable in day or night conditions • Produces 175 dB of sound output at 5 ft.
• Produces 6–8 million Candela light output
• Water-resistant charge tube for high humidity environments ii. DEFENSE TECHNLOGY- Safe-Smoke training white smoke grenade cost $31.65 each, quantity

2. Purpose/Authorized Uses:

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

Fiscal Impacts: Varies depending on use.

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

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

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

Manufacturer Product Description:

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

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

Approx. 26 rounds. 6530LE-50 40mm Reloadable Training Round provides the same point of impact accuracy as the 40mm munitions it simulates and is the most cost-effective way to conduct training. Reloading the munitions takes seconds and one hex key. Product for use on inanimate targets.

ii. 40mm sponge, smokeless, spin stabilized/Combined Systems. Approx. 29 rounds. Sponge Baton is a spin-stabilized projectile delivering blunt trauma effect. Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.

Purpose/Authorized Uses:

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

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

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

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

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

Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 4 owned (not owned by
FCPD)
Lifespan: All UAS equipment, 5-7 years.

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

Manufacturer Product Description:
i. Matrice 210, cost $15,000, quantity 1: The DJI Matrice 210 is a powerful, industrial-grade fight platform with world-class agility and speed, two barometers, and redundant IMUs for maximum reliability, and new smart flight features that make capturing complex shots easy.

The aircraft’s visual sensors enable enhanced hovering precision even when flying indoors or in environments where GNSS is unavailable. The drone’s new airframe design gives it an IP43 Ingress Protection Rating, in accordance with the global IEC 60529 standard. The M210/M210 RTK’s mechanical design, along with quick release landing gears and mounted folding arms, makes it easy to transport, store, and prepare for flight.

ii. Mavik II Enterprise, cost $5,000.00, quantity 1: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems, and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12 megapixel photos that support up to 6x FHD zoom. DJI signature technologies such as Obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II Enterprise also has attachable modular accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.

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

Purpose/Authorized Uses:

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

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

Legal/Procedural Rules Governing Use:

Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to 202
FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

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

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

Equipment Name: Robots
Quantity Owned/Sought: 5 owned (not owned by
FCPD)
Lifespan: All robots and associated
equipment, 8-10 years.

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

Manufacturer Product Description: Unavailable as this equipment is not owned by the Foster City Police Department.

Purpose/Authorized Uses:

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

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

Legal/Procedural Rules Governing Use:

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

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

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

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

Capable of transporting personnel and equipment while providing them with armored protection from gunfire. Capable of breaching doors, gates, and other points of entry. 203
Manufacturer Product Description:

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

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

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

Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles. Breaching vehicles can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.

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

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

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

Manufacturer Product Description:
i. Braun Northwest mobile command vehicle, cost $0.00, quantity 1: The MCV is built on a Ford F550 chassis and can be utilized for SWAT/CNT and other critical incidents, pre-planned large events, searching for missing persons, natural disasters, and community events. Effective, reliable communication is critical in an emergency or crisis situation. To meet this important need, Braun Northwest custom-builds are durable, functional command/communication units. 204
ii. Ford motor vehicle F53 motorhome command post, cost $100,000.00, quantity 1: The F53 command vehicle can be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. This vehicle can also be used as a mobile office that provides shelter, access to the Police Department computer systems, and restroom facilities on extended events.

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

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

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

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

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

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

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

Manufacturer Product Description:

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

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

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

The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gases to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270- 290 feet per second (FPS).
iv. DEFENSE TECHNOLOGY FRANGILBE BREACHING ROUND, cost: $5 per round, quantity: 50. The round is fired from a breaching shotgun and is used to destroy deadbolts, locks and hinges.
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Purpose/Authorized Uses: To safely create a positive breach and enter a structure. Kinetic and shotgun breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises.

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

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

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

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

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

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

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

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

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

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

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

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

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

Manufacturer Product Description:
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i. CTS 7290M, cost $35.00 each, quantity 20: The CTS 7290M Mini Flash-Bang is the newest generation in the evolution of the Flash-Bang. Our Model 7290M Flash-Bang exhibits all the same attributes of its larger counterpart but in a smaller and lighter package. Weighing in at just 15 ounces the new 7290M is approximately 30% lighter than the 7290 but still has the same 175db output of the 7290 and produces 6-8 million candelas of light. The patented design of the 7290M, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output.

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

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

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

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

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

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

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

Fiscal Impacts: Unknown.

Legal/Procedural Rules Governing Use:

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

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

Other Notes: The Foster City Police Department participates in the North Central Regional SWAT Team (NCR SWAT). This equipment is owned and operated by NCR SWAT through the San Mateo Police Department, which could result in its deployment and/or use in the City. 207
Equipment Name: AR-15 Style Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 60 owned (not owned by
FCPD)
Lifespan: Approximately 15 years
Equipment Capabilities: The AR15 style firearm can fire a .223, .556, .308 or .300 caliber projectile accurately at over 100 yards.

Manufacturer Product Description: The AR15 style firearm features M-LOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16 inch barrel, the V7 has a DD improved Flash Suppressor to reduce flash signature. The mid-length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the sights, optics, and accessories the user may require. The independently ambi GRIP-N-RIP Charging Handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic Daniel Defense Buttstock and Pistol Grip.

Purpose/Authorized Uses:

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

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

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

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

Other Notes:

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Published with permission by Foster City Police Department ***DRAFT*** Military Equipment - 1 Attachment 7
Foster City Police Department
Foster City PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
California Government Code section 7071(b) requires that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval.

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

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

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

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

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

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

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

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

Policy
709
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Military Equipment
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

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

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

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

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

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

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

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

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

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

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

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

10. Specialized firearms and ammunition of less than.50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

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

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

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

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

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Military Equipment
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Published with permission by Foster City Police Department ***DRAFT*** Military Equipment - 3

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

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

The Foster City City Council will use the Annual Military Equipment Report as a mechanism to ensure the Foster City Police Department's compliance with this Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.
709.4 COLLABORATION OR COORDINATION WITH OTHER AGENCIES Law enforcement agencies responding to a call for mutual aid or who participate in collaboration with Foster City Police Department within the City of Foster City shall adhere to their own policies on the use of military equipment.
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Military Equipment
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Published with permission by Foster City Police Department ***DRAFT*** Military Equipment - 4 709.5 POLICY COMPLIANCE
Government Code section 7070 requires that this policy specify the mechanisms to be used by the Department to ensure compliance with this policy. Complaints regarding violations of this policy are subject to investigation and discipline in accordance with Policy 1020, and other policies of the Department related to officer discipline. Complaints, questions, or other inquiries can be made as described below in the Public Involvement section. Further, The Chief will designate a Military Equipment Coordinator, whose responsibilities are described herein, which will include assisting with ensuring compliance with this policy.
709.6 PUBLIC INVOLVEMENT
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
(a) Via email to: [email protected]
(b) Via phone call to: 650-286-3300
(c) Via mail sent to: Foster City Police Department Attn: Military Equipment Coordinator 1030 E. Hillsdale Blvd. Foster City Ca 94404
The Foster City Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner. 709.7 MILITARY EQUIPMENT COORDINATOR
The Chief of Police shall designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Foster City Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
(a) Publicizing the details of the meeting.
(b) Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
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Foster City Police Department
Foster City PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

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

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

Section Two lists qualifying equipment not previously listed in this policy, that is not owned or regularly utilized by the Foster City Police Department, but which is known to be owned and/ or utilized by the North Central Regional SWAT (NCR SWAT) Team, for which the Foster City Police Department is a participating agency. While the equipment in Section Two is not purchased, owned, or maintained by the Foster City Police Department, it could be used in the City of Foster City if NCR SWAT is deployed, and is therefore included in this Military Equipment Use Policy. It is important to note that NCR SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high risk search and arrest warrants. The equipment NCR SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.
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DATE: April 18, 2022

TO: Mayor and Members of the City Council

VIA: Edmund Suen, Interim City Manager

FROM: Jennifer Phan, Interim Deputy City Manager
Vanessa Brannon, Management Analyst

SUBJECT: APPROVING THE ISSUANCE OF A REQUEST FOR

PROPOSALS FOR CLIMATE ACTION PLAN OUTREACH

SERVICES AND CEQA REVIEW FOR THE FINAL DRAFT OF

THE CLIMATE ACTION PLAN

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution authorizing staff to issue a Request for Proposals (RFP) for a Climate Action Plan (CAP) outreach services and California Environmental Quality Act (CEQA) Review for the final draft of the Climate Action Plan.

EXECUTIVE SUMMARY

The current Climate Action Plan (CAP) was adopted by City Council in 2016 but needs updating to reflect City and State legislation, priorities, and policies related to environmental sustainability and greenhouse gas (GHG) reduction.

Staff requests City Council approval to issue a Request for Proposal (RFP) to environmental consulting firms regarding two essential aspects of CAP development – Community/Stakeholder Outreach and Engagement and CEQA Review of the final draft CAP document before Council adoption. The RFP scope of work includes:
Creation of a comprehensive, whole community outreach plan 214
Development of outreach materials
Engagement with stakeholders to inform, engage, and involve the Foster City community in developing the CAP
Completion of CEQA review, if needed, by preparing appropriate environmental documents under the California Environmental Quality Act (CEQA).

BACKGROUND
The City of Foster City has been a leader in environmental sustainability and had adopted an innovative Climate Action Plan as part of a General Plan update during FY 2015-2016. The existing Climate Action Plan implementation operates within the City Manager’s Office with key staff in each department accountable for various metrics on the Climate Action Plan.

Over the past several years, the City has received the prestigious Beacon Award from the Institute for Local Government (ILG) in both 2017 and 2019.

The Beacon Program provides a framework for local governments to share best practices that create healthier, more vibrant, and sustainable communities. The program honors voluntary efforts by local governments to reduce greenhouse gas emissions, save energy, and adopt policies that promote sustainability.

Staff recognizes and intends to align the updated Climate Action Plan with the DRAFT Sustainable Foster City Plan (Attachment 4). Sustainable Foster City is a holistic strategy that seeks to protect, maintain, and grow the economic and natural resources in Foster City and allow all community members to pursue an enhanced quality of life. The Draft Sustainable Foster City Plan was developed with Staff and advisory support from the Citizens Sustainability Advisory Committee (CSAC). The updated Climate Action Plan is intended to encompass the vision of the Sustainable Foster City Plan in a way that is sensitive to the City’s resources and capacity.

At its June 21, 2021 meeting, the City Council approved an agreement for $60,950 with optional services for Greenhouse Gas (GHG) Data Corrections work for $20,000, for a total agreement amount not-to-exceed $80,950 with Integrated Design 360 LLC (ID360) for a Climate Action Plan (CAP) Assessment.

ANALYSIS
ID360 completed its assessment at the end of 2021. The assessment 215
evaluated the effectiveness of climate action compared to the technical performance targets outlined in the 2015 Climate Action Plan and the current organizational strategy for climate action implementation in a comprehensive manner. Additionally, ID360 performed updates to the City's GHG emission inventory, established revised GHG reduction goals that align with new State targets, identified specific measures to achieve GHG reductions, and suggested strategies for future adaptations of climate action planning. A summary of the recommendations and observations from ID360 are outlined in Attachment 3.

One of ID360’s recommendations is to conduct stakeholder engagement in developing the CAP. They recommend engaging the public and stakeholder groups who can help identify, prioritize, and implement GHG reduction and climate change adaptation strategies. ID360 specifies that a public outreach and stakeholder engagement plan should be developed to disseminate information about the CAP update and solicit input and feedback from community groups, organizations, and individuals, as well as include community workshop(s) and/or Planning Commission study sessions open to the public, focused stakeholder group meetings, and a social media presence.

ID360 also recommended reinstating the Citizens Sustainability Advisory Committee (CSAC) to contribute to CAP development. Staff will bring a new CSAC to City Council for consideration at its May 2, 2022 meeting. Staff and ID360 recognized that CSAC can provide assistance to City staff and to Foster City community engagement. Efforts made through community outreach will ultimately aid Staff in developing an updated Climate Action Plan.

With the CAP Assessment concluded, the need to hire consultants to develop the full Climate Action Plan document is redundant, as the Assessment is the technical component of the CAP. However, if additional technical assistance is needed in developing the 2022 Climate Action Plan, staff can connect with the San Mateo County Office of Sustainability, which have prepared a Climate Action Plan template, with significant City input, for all cities to utilize as they update their plans. This template may be used to reduce consultant fees when preparing the actual Climate Action Plan document. The Template provides many components that will enhance the efficiency of developing the CAP document, including updated background information on climate change science and policy, and the co-benefits of taking action to reduce emissions and prepare for climate change impacts. It also includes graphics and case 216
studies that are relevant to Foster City. City Staff will customize the "look and feel" of the CAP document to reflect the uniqueness of the Foster City community.

To continue progress on updating the City’s Climate Action Plan, staff recommends issuing a Request for Proposals (RFP) for a consultant services to conduct whole community outreach, specifically to connect with previously unrepresented communities in Foster City, including bilingual and business outreach. The RFP also requests proposals for CEQA review once the final draft of the Climate Action Plan is completed. Staff prepared a draft Request for Proposals (Attachment 2) to distribute to qualified environmental consulting firms to solicit proposals. The draft RFP (Attachment 2) specifies the required project tasks and expected deliverables.

The scope of work would include:

1. Creation of a comprehensive, whole community outreach plan

2. Development of outreach materials

3. Engagement with stakeholders to inform, engage, and involve the Foster City community in developing the CAP

4. Preparing the related environmental review in conformance with the California Environmental Quality Act (“CEQA”)
The City will consider consultants who have significant experience conducting Climate Action Plan outreach and engagement of comparable complexity and scale for communities similar to the City of Foster City. Contract cost and timeline are dependent on the proposals received, consultant flexibility, and availability of staff resources to assist in the project.

Staff anticipates CAP outreach and engagement will be conducted throughout the Summer and Fall of 2022. After analysis of community outreach feedback and input, Staff will prepare the draft CAP document for CEQA review, with City Council consideration of the updated Climate Action Plan by Winter 2022-2023.

FISCAL IMPACT
The CAP Assessment, conducted by ID360, cost the City $60,000, which came out of the Sustainable Foster City account in the City Manager's budget. Based on previous estimates from consultants, staff estimates the cost of these services to be less than $90,000. Funding is available in the 217
Construction and Demolition Fund, which can be used for Environmental Sustainability initiatives.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
The Climate Action Plan aligns with the City Council's Vision and Mission as it directly relates to a tenet, environmental sustainability, of the Sustainable Foster City framework. Additionally, both the Climate Action Plan and corresponding outreach efforts align with the "Innovation and Sustainability" and “Improved Community Engagement” Value/Priority Areas.

Attachments:
Attachment 1 - Resolution
Attachment 2 - Request for Proposals
Attachment 3 - Overview of ID360 Recommendations from CAP Assessment
Attachment 4 - Draft Sustainable Foster City Plan
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RESOLUTION NO.____________

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

APPROVING THE ISSUANCE OF A REQUEST FOR PROPOSALS FOR A CLIMATE

ACTION PLAN (CAP) OUTREACH SERVICES AND CEQA REVIEW FOR THE FINAL DRAFT OF THE CLIMATE ACTION PLAN.

CITY OF FOSTER CITY
WHEREAS, the City of Foster City is preparing an update to City’s Climate Action Plan (CAP), which is part of the Land Use and Circulation Element of the General Plan; and
WHEREAS, extensive and comprehensive community outreach and engagement is needed to gather input and feedback to aid in the development of an updated Climate Action Plan; and
WHEREAS, after development of the final draft of the City’s updated Climate Action Plan, the City will submit the document for the related environmental review in conformance with the California Environmental Quality Act (“CEQA”); and WHEREAS, it is the City’s practice when anticipating the preparation of complex environmental documents to solicit the professional interest and skills of several qualified consulting firms in order to find the best qualified and most cost effective firm available to prepare the required documents; and
WHEREAS, City Council has previously identified Sustainability and Innovation and Improved Community Engagement as a Strategic Priority; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the proposed Request for Proposals in form and content and authorizes it to be sent to environmental consulting firms. 219
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
220

City of Foster City Request for
Proposals
Climate Action Plan Outreach and CEQA Review

Release Date: April 27, 2022
Proposals Due: June 1, 2022 at 5:00 PM

Please submit an electronic version of your proposal via email to:

Vanessa Brannon, Management Analyst
[email protected]
Subject Line: Foster City Climate Action Plan Outreach and CEQA Review RFP

Any questions regarding this Request for Proposals should be submitted by 5:00 PM on May 18, 2022 to:

Vanessa Brannon, Management Analyst
[email protected]

(650) 286-3354
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CAP Outreach & CEQA Review RFP 2
City of Foster City Request for Proposals
Climate Action Plan Outreach and CEQA Review

INTRODUCTION
The City of Foster City (“City”) invites qualified consultants to submit proposals to assi st City staff with whole community outreach. The City also seeks consultant assistance with preparing the related environmental review in conformance with the California Environmental Quality Act (CEQA).

The City is in the process of updating its 2016 Climate Action Plan. The updated Plan is intended to prioritize a set of actions to reduce greenhouse gas emissions (GHGs) and protect people and resources from the effects of climate change.

OVERVIEW AND BACKGROUND
About the City of Foster City

Incorporated in 1971, the City of Foster City is a planned community located in San Mateo County, California. Foster City is a General Law City with a Council-Manager form of government. The City is approximately four square miles, located about 25 miles south of San Francisco and 30 miles north of Silicon Valley, with easy access from Highway 101 and Highway 92.

Foster City is a culturally diverse community of roughly 33,000 residents. It has limited space for growth in both residential and commercial areas. The developed portion of Foster City is protected from flooding by an approximately 43,000-linear-foot (8 miles) levee system that surrounds Foster City along the bayfront and an interior lagoon that serves as a drainage detention basin.

Project Description

The City of Foster City is seeking consultant services to assist City staff in conducting comprehensive community and stakeholder outreach and engagement to gather feedback and input for an updated Climate Action Plan and prepare appropriate environmental documents for the completed CAP under the California Envir onmental Quality Act (CEQA).

Existing Sustainability Efforts

The City of Foster City is committed to environmental sustainability and recognizes its role in addressing the threat of climate change. Foster City has been proactive in efforts to enhance Environmental Sustainability since 2008. In 2016 the City adopted its first 222
CAP Outreach & CEQA Review RFP 3
Climate Action Plan (“CAP”) as part of a comprehensive General Plan update process.

The CAP identified 25 reduction measures to achieve the City’s GHG mitigation targets.

The current CAP includes targets to achieve 15% GHG emissions reduction below 2005 by 2020, 20% below 2005 levels by 2025 and 80% below 2005 levels by 2050. 2017 emission data shows that Foster City saw a 27.5% decrease in CO2e emissions between 2005 and 2017, exceeding the 2025 target. Significant reductions in emissions associated with electricity consumption were observed in 2016 and 2017 due to the launch of Peninsula Clean Energy.

The City of Foster City is raising the City’s levee to meet FEMA requirements for flood protection, including some protection from sea-level rise.

In 2021, the City hired Integrated Design 360 LLC (ID360) to conduct a Climate Action Plan Assessment. The assessment evaluated the effectiveness of climate action compared to the technical performance targets outlined in the 2015 Climate Action Plan and the current organizational strategy for climate action implementation comprehensively. Additionally, ID3 60 performed updates to the City's GHG emission inventory, established revised GHG reduction goals that align with new State targets, identified specific measures to achieve GHG reductions, and suggested strategies for future adaptations of climate action planning.

Related Documents

The following documents are related to the development of the CAP:

Climate Action Plan (Adopted 2016):

The City of Foster City adopted its first Climate
Action Plan and Implementation Work Plan in 2016 established a goal of reducing GHG emissions by 15% by 2020 and 35% by 2030 when compared to 2005 levels.

Local Hazard Mitigation Plan / Safety Element of the General Plan: The Local Hazard Mitigation Plan/Safety Element focuses on protecting the community from risks associated with hazards such as earthquakes, floods, fires, hazardous materials, and other hazards. The Local Hazard Mitigation Plan/Safety Element analyzes these hazards and their risks and includes goals and mitigation strategies to establish what measures will be undertaken to reduce these risks to levels determined by the City to be reasonable. The Local Hazard Mitigation Plan for Foster City is part of the 2021 San Mateo County's Multi-Jurisdictional Hazard Mitigation Plan efforts.

General Plan
(Adopted 2016): The General Plan identifies policies and programs that address 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 223
CAP Outreach & CEQA Review RFP 4
and protection of life and property from hazards. Additionally, the General Plan assures that tax money is generated to provide the high levels of public services and maintenance of public facilities and infrastructure the citizens of Foster City expect.

Greenhouse Gas Inventories (2005 – 2017): The City of Foster City has annual GHG Inventories developed through the Regionally Integrated Climate Action Planning Suite (“RICAPS”) program.

San Mateo County Sea Level Rise Vulnerability Assessment: The vulnerability assessment prepared by the County of San Mateo evaluates the potential impacts of sea-level rise and suggests solutions to protect people and places.

Green Infrastructure Plan (Adopted 2019): The City’s Green Infrastructure Plan defines local Green Infrastructure goals and policies; provides guidance to meet stormwater pollutant load reduction goals; creates a screening process for prioritizing the integration of Green Infrastructure into new projects, including Capital Improvement Program (CIP) projects; and serves as an implementation guide and reporting tool to provide reasonable assurance that urban runoff Total Maximum Daily Load (TMDL) wasteload allocations (WLA) are met for reducing, over the long term, adverse water quality impacts of urban runoff to receiving waters.

Bicycle, Pedestrian, and Intersection Evaluation Study (CIP 301- 664): The City Council established a set of priorities that included the development of a Bicycle, Pedestrian, and Intersection Evaluation Study (CIP 301 -664). CIP 301- 664 includes conducting a comprehensive pedestrian, bicycle, vehicular, and intersection evaluation to determine the current traffic and transportation facilities and potential for improvements. The completed study can be found
here.

Levee Protection Planning and Improvements Project Environmental Impact Report (EIR) (2016 -2017): The Environmental Impact Report (EIR) for the Levee Protection Planning and Improvements Project provides an evaluation of the potential environmental impacts of the proposed project and recommends mitigation measures.

The document also includes background on flooding and sea-level rise related to Foster City.

The following are documents in development and anticipated to impact the CAP:

Sustainable Foster City Plan (Expected Completion – Fiscal Year 2022-2023): The Sustainable Foster City Plan is a complementary Plan to the CAP , including specific measures relating to environmental sustainability, economic development, and social equity and engagement. The Sustainable Foster City Plan, and its accompanying implementation plan, will run parallel to the CAP.

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CAP Outreach & CEQA Review RFP 5

SCOPE OF WORK
The City is seeking proposals that generally reflect the following scope. Consultants are strongly encouraged to suggest refinements and innovative methodologies that ultimately achieve the work products described below. City staff will work closely with the selected consultant and may contribute in-house task assistance. The best proposals will identify the type and amount of City staff time and expertise required for a successful outcome.

Task 1: Create a Comprehensive Climate Action Plan Outreach Plan

The consultant will create an effective and comprehensive plan that needs commitment from key stakeholders, both external and internal, and the community . To achieve this, the consultant will A) develop and collaborate with city staff on a comprehensive community engagement and outreach plan, which is integral to C limate Action Plan update development, based on successful outcomes and experience with similar projects in other communities, with both in -person and digital outreach strategies to increase input from the City’s diverse population.

Task 2: Create Climate Action Plan Outreach Materials

The consultant will develop targeted outreach materials for various community and internal stakeholders. The outreach materials should support staff and the consultants in soliciting robust feedback to assist in developing Foster City’s updated Climate Action Plan. The consultant wi ll A) provide both printed and electronic materials, including but not limited to flyers, posters, presentation material, engagement tools (e.g. , surveys), and reports for outreach and robust community input, including planning for City Council, Planning Commission, and stakeholder engagement.

Task 3: Engage City Committees, City Council, and Foster City Community

Following the Outreach Plan (Tas k 1), t he consultant will conduct extensive and comprehensive outreach to engage diverse stakeholders, ensuring all community segments will become informed, engaged, and actively involved. To achieve this, the consultant will A) conduct in-person and remote engagement sessions to elicit in -depth input and B) compile community feedback into a final report which will be used to support Climate Action Plan development.

Task 4: Complete CEQA Review (if needed)

Once a final draft Climate Action Plan is complete (late 2022/early 2023), the consultant will A) prepare appropriate environmental documents for the completed CAP under the California Environmental Quality Act (CEQA). Additionally, the consultant will B) provide responses to comments on the draft CAP and CEQA documents and finaliz e the report 225
CAP Outreach & CEQA Review RFP 6
per public comments and City staff feedback.

PROPOSAL REQUIREMENTS

Consultants interested in submitting a proposal for this project should respond to this RFP with a written proposal providing all the information requested. The proposal will be considered complete only if all the items listed under the Proposal Requiremen ts are included.

The City is seeking a consultant to conduct Climate Action Plan (CAP) outreach services and CEQA Review for the final draft of the Climate Action Plan. CEQA review services (Task 4) must be included to use the updated CAP for future project streamlining and consistency.

1. Title Page: Include the RFP subject, firm name, primary contact person, title, address, telephone number, email address, and submittal date.

2. Cover Letter of Interest: A statement of the consultant’s interests and qualifications and pertinent areas of expertise and a description of the organization (i.e. , Corporation, Limited Liability Company, or Joint Venture).

Include a summary of the proposer’s understanding of the project, including a summary of the proposed approach.

3. Teams/firms submitting proposals in response to this RFP must disclose any actual, apparent, direct or indirect, or potential conflicts of interest that may exist with respect to the firm, management, or employees of the firm or other persons relative to the services to be awarded pursuant to this RFP. If a team/firm has no conflicts of interest, a statement to that effect shall be included in the cover letter.

4. Scope of Work: Provide a detailed proposed scope and projected timeline to conduct and complete the tasks outlined in the Scope of Work. Please address project approach, reflecting knowledge about the Foster City community. This section should include the respondent's specific tasks for performing the work.

5. Schedule: Present a schedule reflecting timeframes and milestones for completing each phase and task.

6. Community Outreach Strategy: Community engagement is critical to the CAP development process. The proposal should detail how the proposer plans to engage the community and gather public input.

7. Qualifications and References: Provide an overview of the proposer’s experience and history in performing this type of work in California. Provide at least three references of local government clients for which the consultant has rendered similar services in the recent past.

8. Cost Proposal: Provide a complete description of the expected expenditure of funds for the proposed work. The cost detail should include a breakdown of expenses by task and key personnel. The cost proposal should also include options for reducing or adding services. All costs should reflect “not to exceed” 226
CAP Outreach & CEQA Review RFP 7
amounts per task.

9. Acknowledgment of Contract: Acknowledge that a contract and insurance will be provided in substantially the same form as a ttached and that a business license will be maintained from the City’s Finance Division annually during the term of the contract.

CONSULTANT SELECTION CRITERIA AND PROCEDURE

Responding consultant firms and/or teams will be evaluated based on the following criteria:

1. Demonstrated understanding of the requested work and responsiveness to the scope of services;

2. Quality and completeness of proposal;

3. Related and recent Climate Action Plan outreach and CEQA Review services experience of similar scope and complexity in San Mateo County, the Bay Area, and California;

4. Community engagement expertise and techniques;

5. CEQA review experience;

6. Expertise and experience of the proposed project team members and the in- house expertise, or inclusion of sub- consultants, to fully address all items noted in the scope of work;

7. Ability to perform the work within a reasonable time frame and budget;

8. Creativity in approach to the scope of work and requested deliverables;

9. Acceptance of the City’s Standard Agreement for Professional Services and insurance requirements, including any proposed changes to the agreement or insurance coverages (See Attachment); and

10. References.

The top proposals will be invited to an interview. The interview will help clarify each proposal and the approach and qualifications for the project. Based on the interviews and evaluation of the proposals, the top- ranked consultant will be recommended to the City Council.

GENERAL PROVISIONS AND CONDITIONS

The City reserves the right to:

1. Reject any and all responses.

2. Negotiate with more than one consultant.

3. Waive minor irregularities in a response.

4. Cancel, revise, or extend this solicitation.

5. Request additional information on any response beyond that required by this RFP.
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CAP Outreach & CEQA Review RFP 8

6. Modify the selection process set forth in this RFP upon written notification to all respondents who have not been rejected at the time of modification.

7. Request substitution of sub-consultants.

ESTIMATED PROJECT TIMETABLE

The anticipated project schedule to commence work is as follows:

Project Benchmarks Date (subject to change)
Request for Proposal Available April 27, 2022
Deadline to Submit Questions May 18, 2022 at 5:00 PM
Deadline to Submit Proposals June 1, 2022 at 5:00 PM
Consultant Interviews (if needed) Tentatively June 20-24, 2022 Council Meeting – Award Contract Tentatively July 18, 2022

ATTACHMENT

Attachment 1: Standard Agreement for Professional Services

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CAP Outreach & CEQA Review RFP 9

PROFESSIONAL SERVICES AGREEMENT
FOR

CLIMATE ACTION PLAN (CAP) OUTREACH SERVICES AND CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW

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 perform ance 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 229
CAP Outreach & CEQA Review RFP 10
performance of the Services under this Agreem ent 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 pro fit 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 this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional 230
CAP Outreach & CEQA Review RFP 11
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 a nd 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 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 231
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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 (inc luding, 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 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.
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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 ser vice. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

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

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

The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

15. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as 233
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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 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.

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22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,

Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

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

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

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

24. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without 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, fl oods, 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 enti tles either party to 235
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terminate this Agreement with written notice to the other party, without further penalty or compensation.

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

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

CITY OF FOSTER CITY

Dated: _________________________________ ______________________, 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]

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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EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND

DELIVERABLES FOR

CLIMATE ACTION PLAN (CAP) OUTREACH SERVICES AND CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW

[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:

DESCRIPTION: Description of Project

2. Basic Services:

The CITY has developed a general scope of work as described below.

Task 1 – Description of Task 1

Task 2 – Description of Task 2

Task 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

PROJECTS AND SCHEDULE

List Project Schedule

DELIVERABLES
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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

DELIVERABLES: List of Deliverables
OTHER:

2. CONSULTANT SERVICES . The deliverables considered part of CONSULTANT’s professional services are defined as, but are not limited to, the following deliverables:

SERVICES: List of Services

END OF EXHIBIT A

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EXHIBIT B

FEE SCHEDULE

[Specify Consultant’s hourly rates for which services hereunder shall be performed]

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EXHIBIT C

INSURANCE FORMS

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

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

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

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

1.1 Insurance Requirements

Commercial General Liability Insurance

Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least 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”.
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☒ Business Automobile Liability Insurance

Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.

☒ Workers' Compensation Insurance

Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.

☒ Professional Liability Insurance

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

1.2 Self-Insured Retention

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

1.3 Claims-Made Basis Coverage

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

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.

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3. Insurance terms and conditions:

3.1 Cancellation of Insurance

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

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

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

3.3 If Consultant is, or becomes during the term of this Agreement, self -insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.

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

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

3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach.

Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

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

3.8 City may (but is under no obligation to) secure project -specific insurance, wrap- up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and 242
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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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EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s)

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/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 Nam ed 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 Additio
nal 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.

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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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EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)

This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.

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

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

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

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

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

2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In 246
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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 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 247
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or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.

[Signatures on Next Page]

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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OVERVIEW OF ID360 RECOMMENDATIONS FROM

CLIMATE ACTION PLAN ASSESSMENT
The intent of ID360's Climate Action Plan Assessment was to analyze the 2015 CAP's GHG reduction strategies and discover new key strategies for consideration during the next phase of developing the revised CAP. The next steps recommended from ID360 are outlined below:

1. Ma
ke Adjustments to the GHG Inventory
• ID360 made several recommendations regarding the City's GHG Inventory, including adjusting how transportation emissions are calculated and the method for quantifying methane (CH4) and nitrous oxide (N2O) emissions. • ID360 also recommends, prior to adopting GHG reduction targets, it should be determined if Foster City's large industrial emitters are currently, or should be, reporting their emissions to CARB under the MRR. This will determine if the stationary source sector should be included in the City's targets.

2. Set New GHG Reduction Targets: The 2015 CAP set GHG reduction targets for 2020 and 2025. Foster City has already achieved the 2020 target of reducing community-wide emissions 15 percent below 2005 levels. With emissions in 2019 being 17 percent lower than 2005 levels, the City also appears to be on track to achieving a 20 percent reduction by 2025. In setting GHG reduction targets for the CAP:
• Set a community -wide GHG target for 2030 that aligns with the statewide reduction mandate represented by SB 32 (40 percent below 1990 levels by 2030).
• Set a longer -term carbon neutral (net zero) goal for 2045 to align with the Governor's Executive Order B-55-18 (statewide carbon neutrality by 2045).

3. Expand Assessment of Climate Change Vulnerabilities: To develop effective adaptation strategies for the CAP, ID360 recommends the City expand vulnerability assessment to better understand vulnerabilities to climate change hazards:
• Engage the public to identify and prioritize community concerns relating to climate change, climate change impacts, and adaptation priorities. Build on Local Hazard Mitigation Plan efforts to receive feedback from the public on vulnerabilities, maps, and adaptation strategies.
• Map critical assets concerning hazards to understand their particular vulnerabilities. Conduct a detailed risk analysis, downscaled from regional studies, for local and nearby infrastructure, especially for flood and dam inundation, for a more accurate assessment
• Map the location of hazardous waste sites in relation to anticipated sea- level rise and potential flooding.
• Create an index of social vulnerability, mapped by census tract, to show areas of the City that have a higher concentration of populations considered more vulnerable to the impacts of climate change.

Attachment 3
249

• Identify and assess the vulnerability of the City's cultural and historical assets to climate change hazards.
• Develop a more thorough understanding of the City's adaptive capacity regarding each primary climate change hazard.

4. Conduct Stakeholder Engagement: To develop a CAP that is reflective of the community, the City should engage with the public and with stakeholder groups who can help identify, prioritize, and implement GHG reduction and climate change adaptation strategies.
• Reinstate the Citizens Sust ainability Advisory Committee (CSAC) that was convened to aid the City in developing the draft Sustainable Foster City Plan.

CSAC can provide assistance to City staff and to Foster City community engagement.
• Develop a public outreach and stakeholder engage ment plan to disseminate information about the CAP update and solicit input and feedback from community groups, organizations, and individuals. Include community workshop(s) and/or Planning Commission study sessions open to the public, focused stakeholder group meetings, and a social media presence.

Presentations and media distribution at community venues and events, religious functions, schools, and community gatherings can also be effective. • Due to the uncertainty regarding the ongoing Covid- 19 pandemic, consider a mix of virtual and in -person events, and ensure that all community members have equal opportunity to provide input.

5. Develop the 2022 Climate Action Plan: The Assessment conducted by ID360 included the major components of a Climate Action Plan:
• 2019 GHG Inventory Report for Community and Municipal Operations • Proposed 2030 and 2050 GHG Reduction Targets
• CAP Scenario Analysis and Recommended Measures
• Climate Change Vulnerability Assessment and Recommendations

6. Implement and Manage Climate Action Plan Leadership Program: ID360 made several organizational observations and recommendations in their CAP Assessment. In assessing the implementation of the 2015 Climate Action Plan, ID360 noted the following:
• While the City has robust goals, changes to City staff can cause confusion amongst the various departmental staff involved in the CAP implementation. • The City benefits by collaborating with other agencies by promoting ext ernal programs that benefit the City of Foster City businesses and citizens. • A significant level of responsibility is assigned to the Public Works Department staff, as the Public Works Department manages the City's major infrastructure elements, including water and streets.
• The City Manager's Office has a fraction of one full -time equivalent (FTE) Management Analyst position in the City Manager's office assigned to the fulfillment of the CAP. CAP responsibilities were init ially under the direction of the Community Development Department, including the development of the 250

2015 CAP, as the Climate Action Plan is part of the General Plan – Land Use and Circulation Element.
• The City can strengthen the communication between the City Manager's office and the delegated department with regard to CAP roles and responsibilities. • The City has the opportunity to enhance its oversight functions of the City departments about climate action plan implementation using the organizational strategy recommended by ID360.

These observations led ID360 to recommend the organizational strategy, "Climate Action Leadership Program," which reorganizes CAP implementation to include City director - level accountability to implement current and future climate action measures. This implementation model helps climate responsibilities become interwoven into the existing City operations. In addition, the leadership program will create transparency and predictability for the CAP implementation in the event of staff changes:

• Engage the Committees, Community, and Council: Reengage the Citizens Sustainability Advisory Committee (CSAC) to contribute to CAP development.

Primary and secondary stakeholders shall contribute to, review, and provide feedback on proposed climate action initiatives.
• F
inalize Organizational Strategy: Implement the Climate Action Plan Leadership Program as a new approach to monitoring and implementing the existing CAP and the future CAP. The next step in developing the program is to execute the Climate Action Organization Chart and Climate Action Plan Position Agreements.
• S
ubmit for CEQA Review and City Council Adoption: Meet State mandates and demonstrate compliance with CEQA regulations. Finalize the necessary steps for final CAP approval prior to implementation.
• E ngage the City Staff: Provide opportunities for staff to receive training on the roles and responsibilities of the Climate Action Leadership Program of the delegated to support implementation efforts.
• S
taff Training and Delegation: Provide opportunities for staff to receive training on new climate action measures and ensure activities are delegated to support implementation efforts.
• Lau nch Special Programs: In line with the updated Climate Action Plan (i.e., CAP), initiate steps to launch special programs that support adopted Climate Action Plan measures.
• M
etrics Management and Reporting: Develop and utilize monitoring and reporting tools to routinely track efforts on a measure- by-measure basis.

Strengthen collaboration opportunities among City departments. 251
Fiscal Year 2020-2021
The Sustainable Foster City Plan
Environmental
Sustainability
Economic
Development
Social Equity
& Engagement
Presented by the City of Foster City
Attachment 4
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TABLE OF CONTENTS
EXECUTIVE SUMMARY PAGE 2
MESSAGE FROM THE MAYOR PAGE 4
MESSAGE FROM THE CITY MANAGER PAGE 5
CHAPTER 1: WHAT IS SUSTAINABLE FOSTER CITY? PAGE 6
CHAPTER 2: SUSTAINABLE FOSTER CITY PLAN PAGE 9

CHAPTER 3: COMMUNITY ENGAGEMENT AND CIVIC PARTICIPATION PAGE 14

CHAPTER 4: ENVIRONMENTAL AND PUBLIC HEALTH PAGE 22

CHAPTER 5: RESOURCE CONSERVATION PAGE 32

CHAPTER 6: SUSTAINABLE BUILT ENVIRONMENT PAGE 41

CHAPTER 7: SUSTAINABLE LOCAL ECONOMY PAGE 48

CHAPTER 8: TRANSPORTATION AND MOBILITY PAGE 59
APPENDIX A: CONNECTION TO OTHER PLANS PAGE 70
APPENDIX B: IMPLEMENTATION WORK PLAN PAGE 75

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THE SUSTAINABLE FOSTER CITY PLAN
Fiscal Year 2020-2021

EXECUTIVE SUMMARY
We live in a time where high levels of resource consumption have created escalating demands on our natural and human resourc es. These demands strain our natural environment and communities and the quality of our lives. In the face of these challenges, people worldwide have developed a growing concern for the environment and a desire to live sustainably in all facets of their lives.

Looking toward future generations, Foster City is uniquely positioned to become a “Smart City” in terms of livability, workability, and sustainability. The Smart City concept is a trend that looks at how communities integrate information and communic ation technology and various physical devices connected to the network to optimize the efficiency of city operations and services and engage with citizens. Our location, infrastructure, diverse population, and history of smart growth create an environment in which innovation can thrive. This innovation is a driving force behind Sustainable Foster City.

Sustainable Foster City is a holistic strategy that seeks to protect, maintain, and grow the economic and natural resources in Foster City and allow all com munity members to pursue an enhanced quality of life. The strategy is based on the principles of sustainability, which focuses on three components: the stewardship of and respect for the environment and natural resources of a community; increasing and deep ening the social equity among people in the community, including the education and health ; and strengthening the economic and financial prosperity of the community, or simply stated, Economic Development, Environmental Sustainability, and Social Equity and Engagement.

The Sustainable Foster City Plan (“The Plan”) builds on previous sustainability efforts to protect current and future generations' health, env ironment, and economic well-being.

The Plan is a roadmap to guide this transition and build a more sustainable, equitable, resilient future for our city. The goals and recommended strategies included in this P lan are believed to be high -impact, lower-cost, and most feasible strategies for helping all Foster City community members become more sustainable.

The Plan emphasizes community education, information about new sustainability programs and initiatives, and continuing and consolidating previous plans and measures.

The Sustainable Foster City Plan is a complementary document to the forthcoming Climate Action Plan Update, which will be completed by the end of calendar year 2021.

With significant community input from the Citizen Sustainable Adv isory Committee (CSAC), the Sustainable Foster City Plan's foundatio n is the three basic tenets of economic development, environmental sustainability, and social equity and 254

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engagement. In addition to the basic tenets, all activities involving the Plan will follow the six Sustainable Foster City commitments. These commitments will guide the City of Foster City and the community to ensure that strategies are focused and help us meet our aspirations for a sustainable future.

In a shift from previous Sustainable Foster City efforts, the core of this Plan is organized by Focus Areas – Community Engagement and Civic Part icipation, Environmental and Public Health, Resource Conservation, Sustainable Built Environment, Su stainable Local Economy, and Transportation and Mobility. Each Focus Area has a series of supporting Goals, 20 in total for the Plan, and 41 related actions that connect back to the three Basic Tenets. Since many sustainability efforts relate to multiple Basic Tenets, the Focus Areas allow for greater flexibility in creating innovative strategies.

The near-term actions can be implemented within the first year of the Plan. Most of the mid-term actions are expected to be completed by Fiscal Year 2023-2024 and the long- term actions by Fiscal Year 2025-2026. The Sustainability Plan will set measurable targets that will be tracked and updated regularly. In this regard, the Sustainability Plan will be a flexible document that will be periodically adjusted based on new data and information.

In addition to targets, the Plan will include performance metrics and tools to determine an action's impact . When tracked over time, metrics demonstrate if we are movin g toward sustainability and provide us with useful information to assist with decision-making.

The Sustainable Foster City Plan includes an Implementation Work Plan in Appendix B that provides for each action, metrics, start and end dates, and responsible staff/department.

This Implementation Work Plan is a working document that supports sustainability efforts for the next five years. Each action will be brought to City Council for review or approval based on the Implementation Work Plan.

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MESSAGE FROM THE MAYOR
As your Mayor and a member of your elected City Council, we strive to serve the community with integrity and innovation. Promoting vibrant, livable communities is what good government does – government shou ld make it possible to grow places where people want to live, and businesses want to establish roots.

Our increasingly diverse and creative population is our greatest resource. We are committed to leaving a legacy for future generations that will provide them with a quality of life that is even better than today. Our new Sustainable Foster City Plan will help us achieve a more diverse, resilient, and thriving economy while protecting and enhancing our environmental legacy for all who call Foster City home.

Sustainability cannot be accomplished by local government s alone. Individuals, neighborhoods, and institutions like businesses, schools, and churches, are all part of the solution. This Plan was designed to aid City government, and community stakeholders conserve and enhance local resources, protect human health and the environment, maintain a diverse and robust economy, and improve the livability and quality of life for all community members who work, live, and play in Foster City.

The City strives to provide leadership to the community as we move forward together in all of our efforts. Given the social, environmental, and economic challenges we face as a nation, state and county, the time is now to embrace the benefits and need for sustainability and respond with action at the local level.

On April 1, 2019, the City Council adopted its Strategic Focus Area Implementation Plan that established seven priority focus areas and strategic goals to address challenges and opportunities facing Foster City. The Focus Area Plan priorities include:

1. Improve & Maintain City Facilities & Infrastructure

2. Traffic Management & Mobility

3. Smart Planning & Development

4. Diverse & Resilient Local Economy

5. Environmental Sustainability & Social Equity

6. Fiscal & Operational Health

7. Excellent Public Safety Services
The Sustainable Foster City Plan is a complimentary community blueprint to help all residents, city staff, businesses, visitors, non -profits, and city council meet its sustainability goals.

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MESSAGE FROM THE CITY MANAGER
The City currently has many successful programs that support our vision of making Foster City a sustainable community. The Sustainable Foster City Plan builds on these successes and suggests ways we can work together to address the challenges we face as our City.

I am proud of the example Foster City is setting in environmental , economic, and social equity and engagement leadership.

The Plan was formed by the voices and efforts of many. Thank you to the Citizens Sustainable Advisory Committee who contribut ed energy, thoughts, and input to the engagement process and the various community members who attended meetings, filled out surveys, or communicated with the City. Thanks also to my fellow City of Foster City employees who contributed their time and expertise to help hone a set of actionable recommendations. Last, I am grateful to our City Council who contributed leadership that made this all possible.

The Sustainable Foster City Plan is a living document intended to articulate Foster City’s vision to create a more sustainable community and provide a blueprint for achieving our collective sustainability goals. Our efforts demonstrate that embracing sustainable practices allows us to be fiscally responsible while protecting our environment and creating a better quality of life for our citizens.

The City's goals for the Plan included:
• Involve the community in developing and implementing the Plan, • Develop partnerships that encourage collaboration,
• Support transportation strategies that increase alternative transportation choices. • Commit to the use and purchase of environmentally and socially responsible materials and products,
• Conduct all of the activities above with a focus on inclusiveness, equity, and social responsibility.

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CHAPTER 1: WHAT IS SUSTAINABLE FOSTER CITY?
The City Council established the Ad Hoc Environmental Sustainability Task Force (“ESTF”) in 2008 to create a recommended action plan for community -wide environmental sustainability in Foster City. In February 2009, the ESTF presen ted a Sustaina bility Action Plan (SAP) to City Council, including a summary of the results of a community -wide Greenhouse Gas (GHG) inventory and recommendations about energy and water conservation, air and water pollution prevention, solid waste source re duction, and recycling. The City Council re-established the ESTF for three years, through 2012, to assist with the implementation of SAP recommendations and advise the City Council on sustainability matters. ESTF fulfilled its mission to act in an advisor y capacity to the City Council and City Staff regarding the City’s sustainability efforts and to assist the City to achieve City Sustainability goals, mainly through proactive public education and community outreach.

As mentioned previously, Sustainable Foster City is a holistic strategy that seeks to protect, maintain, and grow the economic and natural resources in Foster City and allow all community members to pursue an enhanced quality of life. The Sustainable Foster City framework was initially established by City C ouncil in November 2012, which outlined objectives and policy implementation tools for Economic Development, Environmental Sustainability, and (Public) Engagement and Education.

Eleven years have passed since the Sustainability Action Plan (SAP) was adopt ed, and much has been learned and changed in that time. There have been shifts in trends and priorities, and some growth and adaptation have occurred. In 2018 City staff began work on a new Sustainability Plan to reflect those changes and create a clear vi sion for the future. Building on the previously adopted framework , Sustainability starts with the Basic Tenets.

BASIC TENETS
The Sustainability elements are designed to work together to create and sustain a safe, clean, green, and fisc ally sound environment that benefits all community stakeholders.

To achieve true sustainability, the City will strive to balance the tenets of economic, social, and environmental sustainability in equal harmony. These may be defined as:

Economic Development serves the commo n good, is self - renewing, and encourages a wide variety of community-
serving businesses to operate locally, creating economic resources to support a thriving community.
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Environmental Sustainability seeks to maintain a healthy environment, including clea n air, clean water, and the life resources that community members need today and
generations.

Social Equity and Engagement seeks participation and
benefits for all segments of our community to all ow all members of that community to pursue and enhance the
quality of their lives.

If we only advance and achieve two out of three tenets of sustainability, then we end up with:
• Social Equity & Engagement + Economic Development = Equitable • Social Equity & Engagement + Environmental Sustainability = Bearable • Economic Development + Environmental Sustainability = Viable

BUT A balance of economic + social + environmental allows the City to achieve true sustainability, as shown below:

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CITIZENS SUSTAINABILITY ADVISORY COMMITTEE
In June of 2018, City Council app roved the creation of a Citizens Sustainability Advisory Committee (CSAC) and appointed Councilmember and former Mayor Sam Hindi as the Council Liaison. The purpose of CSAC was to engage wi th Foster City residents to assist staff in the development and then ultimately in implementation of the Fiscal Year 2020 - 2021 Sustainable Foster City Plan that incorporates Economic, Environmental, and Social goals and programs for the future.

The limited-term Citizens Sustainability Advisory Committee (CSAC) was designed to serve in an advisory capacity at the pleasure of the City Council and to research, review, and provide comments on proposed programs and initiatives to be included in this Plan. The Committee was established with a dedicated function, limited -duration (with two extensions until June 30, 2020), and five (5) members. Staff advertised to recruit members who were residents of Foster City and had diverse interests and appropriate expertise.

By February of 2019, the Committee held several meetings and had already defined the Focus Areas and several of the Goals. A Foster City youth resident had attended each meeting, and the Committee requested the addition of a non-voting Youth Member-at- Large to engage with Foster City's youth in matters of Sustainability. The City Council approved the addition of the non -voting Youth Member -at-Large member, who must follow the policy statement and Committee guidelines, to the Citizens Sustainability Advisory Committee in April of 2019.

Upon completing the Committee’s first year, City staff evaluated the progress made and determined more time was needed with the Committee. Staff went back to the City Council for two extensions to complete the programs and initiatives discussions and finish work on the Plan. The Citizens Sustainability Advisory Committee was officially disbanded on June 30, 2020.

In addition to the committee members, there was public and business community participation during the committee meetings, including Gilead’s Sustainability Team members, who attended several meetings.

Members of the Citizens Sustainability Advisory Committee Name Role
Ron Haupt Committee Member – Resident
Narayan Nayak Committee Member – Resident
Larry Staley Committee Member – Resident
Doug Stoveland Committee Member – Resident
Charlie Tomberg Committee Member – Resident
Eeshan Bhat Youth Member-at-Large – Resident
Sam Hindi City Council Liaison
Dante Hall City Staff Liaison
Vanessa Brannon City Staff Liaison
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CHAPTER 2: THE SUSTAINABLE FOSTER CITY PLAN
This chapter will help the reader understand how to navigate the Sustainable Foster City Plan. In the simplest terms, Sustainable Foster City Commitments are the guiding principles that will guide us in all Sustainable actions taken.

The Basic Tenets make up the broad Framework of the Plan (as mentioned previously in Chapter 1). Focus Areas are the sustainable categories that allow us to create specific, measurable Goals (and targets) and the supporting Actions, that help us achieve our objectives.

Visually, the Plan process looks like:

SUSTAINABLE FOSTER CITY COMMITMENTS
As City Council and City Staff present this Plan to the Community, the following commitments will be first and foremost in every action we take.

1. Foster City is committed to continually evaluating the long-term impacts of its policy choices to ensure current needs are met without compromising future generations' ability to meet their needs.

2. Foster City is committed to encouraging action from all community stakeholders by disseminating sustainability awareness, education, and support.

3. Foster City is committed to being an advocate for the development and implementation of model programs and innovation in the area of Sustainability.

4. Foster City is committed to public participation and transparent decisi on-making processes.

5. Foster City is committed to creating and sustain ing a safe, clean, green, and fiscally sound business environment that benefits all community members and supports the business community's health and growth.

6. Foster City is committed to investing in public infrastructure to support and advance the lives of those who live, work, and play in Foster City.

Basic
Tenets
Focus
Areas Goals Actions
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PLAN STRUCTURE
This Plan lays out the steps to a more sustainable Foster City. It articulates a collective vision, identifies priority goals, sets ambitious targets to measure progress, and recommends initial actions on how to accomplish the City’s vision and sustainability goals. Built on the Commitments mentioned previously in the chapter, the bulk of the Plan is contained in chapters 3 through 8. Each chapter is dedicated to a Focus Area, and each action has a dedicated page comprised of the following elements:

Focus Area: A category in which resources, labor, and implementation efforts are focused. There are six Focus Areas in the Sustainable Foster City Plan:

COMMUNITY

ENGAGEMENT

AND CIVIC

PARTICIPATION

ENVIRONMENTAL

AND PUBLIC
HEALTH

RESOURCE

CONSERVATION

SUSTAINABLE
BUILT

ENVIRONMENT

SUSTAINABLE
LOCAL

ECONOMY

TRANSPORTATION
AND

MOBILITY

Goal: A goal is a broad over arching objective or desired outcome, usually tied to the supporting strategies' performance measur es. The Sustainable Foster City Plan has (20) goals that support the six Focus Areas.

Action and description: Actions are strategies that can be taken to ach ieve goal objectives. This section may also describe existing efforts, background information, the various phases of the action (strategy, program, or initiative), and other information to help the reader understand the strategy.

Timeline: Each action has a time frame for implementation: near, mid, or long term. Near term actions are strategies the City can implement now or very soon. Mid and long-term actions require more planning, discussion, or other prerequisite action before they are launched. Ongoing actions need to occur regularly for success (e.g., community engagement or releasing a progress report). Actions in this plan will be accomplished in the short (1-2 years), mid (2-4 years), or long (4-5 years) term.

Budget/Estimated Costs: Cost of the action or strategy.

Resources: Resources indicate what is needed to complete the action and needed to meet the performance measure. Resources might include the primary city department and any supporting departments responsible for implementing appropriate strategies and overseeing the progress toward achieving target(s).

Performance Measure: Quantitative or qualitative measures are used to assess performance relative to an action or strategy.

Expected Outcomes: Expected outcomes are forecasted results and relate directly to program goals and actions. Expected outcomes are what we expect to achieve as a result of meeting the performance measure.

Expected Completion Date: When the action will be completed, or will the action be ongoing.
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ACTION AND STRATEGY CRITERIA DEFINITIONS
After working with the Citizens Sustainability Advisory Committee to create an extensive and comprehensive list of actions and strategies, City staff rated each of them using the below criteria. The criteria ratings help ensure that the actions and strategies support the Plan Focus Areas and Goals, and also align with the City Council’s strategic goals, fulfill a value-added community desire, provide a direct benefit to Foster City citizens, have a high benefit to cost ratio, and have a high benefit to risk ratio. Each action and strategy was given a low, medium, or high prioritization value. Those with a high or medium- high prioritization value were included in the Plan. The net impact of this methodology is a Plan heavily weighted toward edu cation and information actions since those are typically lower cost and internally implemented.

Criteria Criteria Definition
Assigned
Weight
Project Prioritization Value
Low Medium High
Mission
Critical
Direct alignment with City Council
strategic goals; required by regulatory
authority; required by adopted City
Planning document (such as the CAP,
GP, etc.)
4 1 2 3
Public
Benefit
Fulfills value-added community desires
and/or provides a direct benefit to
citizens
3 1 2 3
Benefit
to Cost
Ratio
Benefit to cost ratio; total costs savings
vs. no change; impact to City budget
(including direct costs associated with
the product, service, project, or activity,
such as labor, supplies, and material)
2 1 2 3
Benefit to
Degree
of Risk
Ratio
Level of complexity, size of effort,
organizational change, resource
availability / expertise and internal /
external risks/influences
1 1 2 3
Scoring Legend: 10-15 =
Low
16-23 =
Medium
> 24 =
High

Each strategy, program, and initiative were evaluated using the matrix shown here:

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4
Importance and Value to City 3
Benefit to Cost Ratio 2 Program
Prioritization Benefit to Degree of Risk Ratio 1
Total Score

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FOCUS AREAS
The P lan is organized into six strategic focus areas, each with specific goals and supporting actions and metrics to help achieve these overall objectives. To ensure that this planning process moves from theory to action, plan goals and targets were created to be measurable through a series of indicators. Each Focus Area has a series of supporting goals, which honor the Sustainable Foster City Commitments and relate to the Basic Tenets of Sustainability – Economic Development, Environmental Sustainability, and Social Equity and Engagement. Since many sustainability efforts relate to multiple Basic Tenets, Focus Areas allow for greater flexibility in creating innovative programs and initiatives. The following Focus Areas organize the core of the Sustainable Foster City Plan:

Community Engagement and Civic Participation
Goals that support this Focus Area:

1.1. Increase transparency and access to City information for all community members.

1.2. Encourage an environment that invites meaningf ul and relevant dialogue.

Environmental and Public Health
Goals that support this Focus Area:

2.1 Improve community preparedness and resiliency, including implementing programs identified in the Local Hazard Mitigation Plan / Safety Element.

2.2 Periodically update and utilize the City’s Climate Action Plan (CAP) to identify and focus efforts on programs that reduce greenhouse gas emissions (GHG) in the most cost-effective manner.

2.3 Increase the use of 100% clean electricity generation for busine ss and residential customers to 15% by 2025, 25% by 2030, and 35% by 2035.

2.4 Promote active, healthy lifestyles through events, parks and recreation programs, and active transportation.

Resource Conservation
Goals that support this Focus Area:

3.1 Generate / source more renewable energy.

3.2. Increase overall waste diversion from landfill.

3.3. Reduce energy consumption at municipal facilities.

3.4. Conserve parklands and the City’s open spaces.

Sustainable Built Environment
Goals that support this Focus Area:

4.1. Protect and expand the current stock of affordable housing stock and provide rental protections for more Foster City residents.

4.2. Create more energy-efficient and sustainable residential homes.

4.3. Encourage up to 50 re sidential energy -efficient lighting retrofits and/or home energy audits to promote energy conservation and reduce GHG emissions.
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Sustainable Local Economy
Goals that support this Focus Area:

5.1 Recruit and secure new businesses and continue local bus iness promotion, increasing sales tax revenues by 2% annually over each prior year.

5.2 Foster a strong, sustainable local economy and business climate through improved business customer service and communication.

5.3. Facilitate public -private partner ships to leverage private investment, with every dollar of public funding leveraged by two private investment dollars.

Transportation and Mobility
Goals that support this Focus Area:

6.1. Install more EV charging stations and encourage installation on privately owned land.

6.2. Increase the percentage of electric and zero emissions vehicles by residents and commuters to 5% by 2025 and 10% by 2035.

6.3. Increase the percentage of City employees who are regularly using sustainable commute options to 25% by 2025.

6.4. Achieve mass transit mode share and/or multi -modal forms of transit, other than single-occupancy-vehicles, by 10% by 2025 and 20% by 2035.

In addition to the strategies in each section, the Plan concludes with an Implementation Workplan (Appendix B) , which describes the “how ,” and the steps in the City and Community will move the Plan from paper into action.

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CHAPTER 3: FOCUS AREA: COMMUNITY ENGAGEMENT AND CIVIC PARTICIPATION

Focus Area 1. Community Engagement and Civic Participation A civically engaged population demonstrates that people not only care about their community but are also motivated to participate. The primary objective of participation is to make community -informed decisions. Engagement with segments from the whole community encourages collaborative and respectful dialogue and actions. An engaged, collaborative, and informed community is one that actively contributes and adds value to the City Council’s decision making, advocates for the City Council to take action on community priorities, is empowered to assemble community members to make decisions and take action, works collaboratively with Council to make shared decisions and implement joint efforts , and is responsive to Council -led projects and initiati ves.

Stakeholders and communities to consider when undertaking community engagement efforts include: residents and ratepayers, local businesses, industry groups, service providers (such as education, health, emergency), community groups, sports, clubs, local organizations, those who work, visit, and volunteer in Foster City , and users of facilities, services, or modes of transport, and other levels of local and regional government. The City must increase outreach efforts to g roups that are harder to reach and engage, including, but not limited to: renters, people with disabilities, children, young people, frail aged, culturally and linguistically diverse communities; LGBTQ and gender diverse people; vulnerable people and those with mental illness.

Goal 1 .1. Increase transparency and access to City information for all community members.

Actions that support this goal:

1.1.A. Increase the number of City meetings that are televised and allow for remote participation at specific community meetings.

1.1.B. Conduct a broad-based and ongoing public awareness campaign to share information about sustainable actions and enlist community participation in achieving Sustainable Foster City’s objectives.

1.1.C. Identify and digitize key data sets held by the City to create an organized, robust, and easy -to-access City Dashboard to utilize open data and visualizations to inform public dialogue and policymaking. 266

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Focus Area 1. Community Engagement and Civic Participation Goal 1.1. Increase transparency and access to City information for all community members.

Action 1.1.A. Increase the number of City meetings that are televised and allow for remote participation at specific community meetings.

This action highlights increased access to City Council Meetings and other City meetings (Committee and Community Meetings) and demystif ying the legislative process to increase engagement in the political process. Starting in March 2020, the City successfully conducted City Council meeting s, including accepting public comment in a live or written form at and using the Zoom platform in conformance with COVID -19 Health Orders. The COVID -19 pandemic has created new opportunities for communities to access information virtually. This program also seeks to expand existing opportunities to includes live partic ipation during a more significant number and diversity of City meetings. Identifying all the potential meetings that could be broad casted live or recorded for future viewing is phase one of this strategy.

Timeline: Mid-Term
Budget/Estimated Costs: Additional funding may be needed to expand video capabilities and staffing to capture City Committee Meetings and other large city meetings ( e.g., Community Dialogue Series or Town Halls). The City ’s part-time videographer will not be able to cover all the proposed meetings. The City has a contract with PenTv for all streamed FCTV Council Meetings / Planning Commission Meetings. Any additional meetings will cost the standard rate of $1,000 per meeting (per PenTV).

Resources: The Communications Department manage the regular broadcast, streaming, recording, and posting of City Council and Planning Commission Meetings. They also record several other meetings (these meetings are not streamed or broadcasted live but edited for shorter videos on YouTube). Filming additional meetings and broadcasting live or streaming (either over YouTube or Facebook) will require more staff time and working with the City Attorney to ensure that all laws and City policies are followed.

Performance Measures: The total number of meetings filmed and made available to the public. The number of live views and re -watches of the additional meetings made available for public viewing when data is available.

Expected Outcomes: By offering additional video options to view Committee and other City Meetings, this strategy i ncreases access to the legislative process, important town halls, and community meetings.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 1 2 Program
Prioritization Benefit to Degree of Risk Ratio 1 2 2
Total Score 25 High

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Focus Area 1. Community Engagement and Civic Participation Goal 1.1. Increase transparency and access to City information for all community members
Action 1.1.B. Conduct a broad-based and ongoing public awareness campaign to share information about sustainable actions and enlist community participation in achieving Sustainable Foster City’s objectives.

Components of this campaign will include seminars for stakeholders; toolkits and presentation materials; production of a Foster City Citizen’s G uide to Sustainable Action for posting on the Internet and for limited hard -copy distribution; enhancement of the Sustainable Foster City website to include dynamic and interactive information; dissemination of Foster City Awareness Campaign information on local access cable television and possibly on City kiosks, and assembly of comprehensive information and application procedures for funding sources, including tax credits, local efficiency loans, and City rebates. In a post- COVID-19 world, this program wi ll also include increased reliance on virtual tools, including identifying social media advocates /influencers and asking them to help disseminate information through existing netwo rks, virtual seminars, increased use of FCTV to promote sustainability topics, and video testimonials from CSAC members to raise awareness of the programs included in the Sustainable Foster City Plan.

Timeline: Near-Term
Budget/Estimated Costs: This strategy would need small printing costs ($1,000) for the Foster City Citizen’s Guide to Sustainable Action. There may be potential opportunities for advertising sponsorships. There may be costs associated with staffing seminars if they are not handled in-house. Small expenses may be incurred related to advertising.

Resources: The City Manager’s Office and Communications Division staff will create and design the Foster City Citizen’s Guide to Sustainable Action, working with the San Mateo County Office of Sustainability to develop meaningful sustainability content. Additionally, the I T Division will be asked to enhance the current Sustai nable Foster City website.

Identify opportunities to partner with San Mateo County sustainable non -profits for assistance in creating the Guide.

Performance Measures: The n umber of seminars conducted and the number of attendees. The number of Citizen’s Guides printed/downloaded.

Expected Outcomes: Achieve near- universal awareness of Sustainable Foster City’s objectives and goals. Observable implementation of best practices in the residential and commercial sectors of Foster City.

Expected Completion Date: It may take four to six months to create the Guide, then at least two months for design. Seminars take approximately three to four months to plan, advertise, and execute.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High
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Focus Area 1. Community Engagement and Civic Participation Goal 1.1. Increase transparency and access to City information for all community members
Action 1.1.C. Identify and digitize key data sets held by the City to create an organized, robust, and easy-to-access City Dashboard to utilize open data and visualizations to inform public dialogue and policymaking.

While the City has made strides in improving its data collection and analysis capabilities, these systems are still isolated from one another. There is no single repository of collected data that can be seamlessly accessed by multiple departments and/or the public. Phase one of this action would be for the City to adopt a citywide data management, privacy, transparency, and sharing policy. Open data policies ensure that expectations concerning data and analytics are clear to all stakeholders. To build trust and confidence among the public, t he City will recognize the risks and respond to them by developing a comprehensive policy that explains how data is used and how it is protected.

Timeline: Long-Term
Budget/Estimated Costs: There is minimal funding required for this program as most data can be captured internally using the City’s Sharepoint, then be transferred to the City’s website. An online interactive data portal will need to be developed. If internal software is not available, third-party software or a consultant would be required with associated costs.

Resources: City Manager Office staff will lead the program with significant support from the IT Division.

Performance Measures: The number and variety of City performance indicators available through a public data portal . The Number and type of data sets availab le for external use in creating analytical tools and services.

Expected Outcomes: In addition to providing critical public information and improving program performance, the City will use data and analytics to improve community engagement and trust by increasing transparency about what the City is doing and how public money is spent.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 2 6
Benefit to Cost Ratio 2 2 4 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 21 Medium

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FOCUS AREA 1. COMMUNITY ENGAGEMENT AND CIVIC PARTICIPATION Goal 1.2. Encourage an environment that invites meaningful and relevant dialogue.

Actions that support this goal:

1.2.A. Expand outreach to increase the diversity of members in community leadership roles at the neighborhood, local, and/or regional level.

1.2.B. Provide more engagement avenues through social media, interactive web spaces, and City Council e-office hours to increase opportunities for the Foster City community to voice concerns on major decisions that affect their lives.

1.2.C. Highlight City Council decisions and accomplishments to help the community stay connected b y continuing the Community Dialogue Series and more accessible City Council Meeting results.

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Focus Area 1. Community Engagement and Civic Participation Goal 1.2. Encourage an environment that invites meaningful and relevant dialogue.

Action 1.2.A. Expand outreach to increase the diversity of members in community leadership roles at the neighborhood, local, and/or regional level.

To inc rease diversity in civic participation and leadership roles, the City will identify opportunities to engage residents in various locations throughout the City and consider creative ways to increase civic participation by hosting public meetings at of f-site locations like schools. The City will also identify methods to increase participation from underrepresented populations in citizen academies, citizen committees, and commissions to foster diversity in community leadership roles. Marketing efforts wi ll promote available volunteer and leadership opportunities with the City, partner agencies, and local organizations. Marketing efforts will explain the time commitment, clarify what roles are available and the rewards of participation, and seek ambassadors to help with outreach. Key engagement audiences may include: cultural organizations, recent immigrants, people with disabilities , LGBTQ and gender diverse people, community groups, sports, clubs and local organizations, users of particular fac ilities, services or modes of transport, seniors, social media users, college students, and small business owners who live in Foster City.

Timeline: Near-Term
Budget/Estimated Costs: This low-cost program would include printing costs ($500) and meeting/event supplies for promotional efforts.

Resources: City Clerk and Communications staff would lead this primarily marketing - focused program. Other City Departments and associated agencies can assist in promotional and outreach efforts such as Parks and Recreation, Police, and the San Mateo Consolidated Fire Department.

Performance Measures: Number of new applicants from increased marketing efforts.

Expected Outcomes: This strategy helps build capacity for residents of all ages, abilities, and backgrounds to participate in civi c life and assume leadership roles to ensure an accurate representation of the City’s diverse population.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 2 4 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 28 High

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Focus Area 1. Community Engagement and Civic Participation Goal 1.2. Encourage an environment that invites meaningful and relevant dialogue.

Action 1.2.B. Provide more engagement avenues through social media, interactive web spaces, and City Council e -office hours to increase opportunities for the Foster City community to voice concerns on major decisions that affect their lives.

To increase citizen engagement and meaningful dialogue, the City will continually tailor its activities around the community with simultaneous consideration for its current needs and future vision. By engaging the community throughout the planning, implementation, and review processes for new initiatives and programs, the City can address unanticipated concerns and engend er goodwill and support from constituents. The City’s community engagement effort for new programs and initiatives will revolve around three central elements: stakeholder education , responsiveness to constituent concerns, and transparency. As part of project planning, implementing, and messaging, the City will generate goodwill and proactively address any challenges that may arise during the project by regularly reaching out to the public and key stakeholders. Project updates will be achieved through news releases, newsletters, social media, and in- person events.

More interactive interactions with moderated discussions will be held on social media and Council Member in- person or e- office hours. T echnology solutions may include interactive software such as Bang on the Table, a community engagement tool that aims to inform and involve the community in policy developments.

Timeline: Near-Term
Budget/Estimated Costs: Increased community engagement is generally a low- cost initiative. Costs would include monies to support community engagement events and printing costs for advertisement. If new software is introduced, funding would be needed in the amount of $15,000 for the first year plus an additional $3,000 to train staff.

Resources: Communications and City Clerk Department staff would direct most of the strategy with IT and City Manager support.

Performance Measures: The n umber of citizens, businesses, and organizations participating in outreach events. The n umber of media hits on program/project post.

Increased engagement with City Staff Project Managers earlier in the process.

Expected Outcomes: Success for this strategy means identifying problems and concerns with initiatives early in the process. Additionally, d iverse audiences are reached and involved in the decision -making processes, including those who cannot attend City Council, commission, or committee meetings.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 2 4 Program
Prioritization Benefit to Degree of Risk Ratio 1 1 1
Total Score 22 Medium

272

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Focus Area 1. Community Engagement and Civic Participation Goal 1.2. Encourage an environment that invites meaningful and relevant dialogue.

Action 1.2.C. Highlight City Council decisions and accomplishments to help the community stay connect ed by continuing the Community Dialogue Series and more accessible City Council Meeting Results.

This strategy enhances accessibility and the open exchange of information between the City Council and the community by creating an accessible web portal that breaks down City Council meetings, decisions, and programs into straightforward, layperson’s terms language. This strategy also i ncreases social media outreach and engagement about projects and decisions . This strategy would also include considerable follo w-up with attendees of meetings, virtual or in -person, on how feedback was used. Tenets of this strategy would consist of:
• Active reduction of barriers to participation and the development of accessible engagement platforms which are diverse and respectful of cultural backgrounds, language, age, literacy, and interests;
• Encouraging all parties to be genuine, open, and transparent throughout all stages of the community engagement process;
• Involvement of diverse members of the community to provide their input; • Providing feedback to participants on how their input was considered in the decision-making process;
• Informing participants/community of the final decision and the reasons why that decision was made;
• Council and community members are accepting to agree to disagree.

Timeline: Near-Term
Budget/Estimated Costs: This is a low-cost program that expands on current efforts.

Resources: City Manager, City Clerk, and Communications department staff would lead this strategy with website support from IT.

Performance Measures: The number of outreach efforts promoting City Council decisions.

The number of community members participating in or interacting with outreach efforts.

Expected Outcomes: Successful community engagement and outreach for this strategy results in an engaged, collaborative, and informed constituency that actively contributes and adds value to City Council’s decision-making, advocates for Council to take action on community priorities, and is responsive to Council-led projects and initiatives.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

273

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CHAPTER 4: FOCUS AREA: ENVIRONMENTAL AND PUBLIC HEALTH

FOCUS AREA 2. ENVIRONMENTAL AND PUBLIC HEALTH
Eliminating harmful pollutants from the air, water, natural environment, and food supply is essential in becoming a more sustainable community. The resulting clean air and healthy ecosystems help maintain the health of our citizens and the environment.

Climate change resulting from the accumulation of hu man-made greenhouse gases in Earth’s atmosphere is one of the greatest challenges we face today; it is a pollution problem with accelerating environmental impacts and the potential to disrupt global ecosystems severely. Public health also includes community resiliency to climate-related threats and hazards.

Goal 2.1 Improve community preparedness and resiliency, including implement ing programs identified in the Local Hazard Mitigation Plan / Safety Element.

Actions that support this goal:

2.1.A. Continue implementing the high priority mitigation strategies identified in the Local Hazard Mitigation Plan / Safety Element.

2.1.B. Work with the San Mateo Consolidated Fire Department to create a Pre- Disaster Recovery Plan identified in the Local Hazard Mitigation Plan.

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Focus Area 2. Environmental and Public Health
Goal 2.1 Improve community preparedness and resiliency, including implement ing programs identified in the Local Hazard Mitigation Plan / Safety Element.

Action 2.1.A. Continue implementing the high priority mitigation strategies identified in the Local Hazard Mitigation Plan / Safety Element.

Adopted in 2016, the Foster City Local Hazard Mitigation Plan (LHMP) & Safety Element focused on protecting the com munity from r isks associated with hazards such as earthquakes, floods, fires, and hazardous materials spills. The Local Hazard Mitigation Plan/Safety Element analyzes these hazards and the risks they pose and includes goals and mitigation strategies to establish what measures can and will be undertaken to reduce these risks to levels determined by the City to be reasonable. The Local Hazard Mitigation Plan/Safety Element supports Foster City’s emphasis on hazard mitigation prior to disasters such as earthquakes, storms, and fires, including infrastructure maintenance, requirements for new construction beyond the uniform codes, and education of residents and community groups.

Timeline: The Local Hazard Mitigation Plan was adopted by City Council and approved by FEMA in 2016. Approximately half the strategies were short to mid -term; this program would support those identified as long-term.

Budget/Estimated Costs: The planning process was funded by the county and grant funding, but the execution of mitigation s trategies is tied to particular project funding mechanisms or the general fund for staff time/resources.

Resources: San Mateo Consolidated Fire Department Staff are the lead facilitators of the Local Hazard Mitigation Plan. However, other City Departments will be engaged in the implementation of the remaining mitigation strategies.

Performance Measures: Completion of the long-term, high priority strategies identified in the LHMP.

Expected Outcomes: Implementing the Local Hazard Mitigation Plan's remaining l ong- term strategies will help Foster City minimize the impacts of local hazards and continue to help Foster City take steps to mitigate against the effects of major disasters.

Expected Completi on Date: Many of the strategies are ongoing. The Local Hazard Mitigation Plan itself requires a 5-year revision, so it is due for an update in 2021.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

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Focus Area 2. Environmental and Public Health
Goal 2.1. Improve community preparedness and resiliency, including implementation of programs identified in the Local Hazard Mitigation Plan / Safety Element.

Action 2.1.B Work with the San Mateo Consolidated Fire Department to create a Pre - Disaster Recovery Plan as identified in the Local Hazard Mitigation Plan.

This strategy will undertake pre-disaster planning to ensure that Foster City does not miss opportunities to rebuild in a sustainable, resilient way, addressing pre-existing local needs, taking advantage of available resources, and seiz ing opportunities to increase local resiliency, sustainability, accessibility, and social equity as identified in the Local Hazard Mitigation Plan (Section 9.5 – Goals, Policies, and Mitigation Action Plan), S -C-6: Post- Disaster Services: Consider and plan for how government services will be delivered in a post-disaster environment. Additionally, there is another task associated with this strategy, S-C-6-a: Post-Disaster Services: Consider and adopt regulations to gu ide City operations following a disaster, such as suspension of some types of government services.

Timeline: Mid Term
Budget/Estimated Costs: Funding would be needed for consultants to create a comprehensive City Pre- Disaster Recovery Plan to engage with the whole community, including City staff, San Mateo Consolidated Fire Department, local businesses, and other stakeholders.

Resources: An effective Disaster Recovery Plan for Foster City engages the whole community and all City Departments. However, the San Mateo Consolidated Fire Department would be the lead on the strategy.

Performance Measures: A completed Disaster Recovery Plan.

Expected Outcomes : A prepared community that can successfully conduct recovery operations and becomes more resilient in the face of local disasters.

Expected Completion Date: This project may take up to two years to complete considering the amount of infrastructure assessment, community visioning process, and political negotiation that must occur.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

276

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FOCUS AREA 2. ENVIRONMENTAL AND PUBLIC HEALTH
Goal 2.2 Periodically update and utilize the City’s Climate Action Plan (CAP) to identify and focus efforts on programs that reduce greenhouse gas emissions (GHG) in the most cost-effective manner.

Actions that support this goal:

2.2.A. Update Climate Action Plan with City Council adoption in 2021. 277

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Focus Area 2. Environmental and Public Health
Goal 2.2 Periodically update and utilize the City’s Climate Action Plan (CAP) to identify and focus efforts on programs that reduce greenhouse gas emissions (GHG) in the most cost-effective manner.

Action 2.2.A Update the City’s Climate Action Plan, with City Council adoption in 2021.

City Council adopted the City’s Climate Action Plan (CAP) in January of 2016 . Climate action plans are comprehensive roadmaps that outline the specific activities that an agency will undertake to reduce greenhouse gas emissions. Climate action plans build upon the information gathered by greenhouse gas inventories and generally focu s on those activities that can achieve the most significant emission reductions in the most cost- effective manner. The CAP provides a set of implementation measures and programs to address climate change through reducing greenhouse gas emissions (GHG) asso ciated with vehicle trips, land use, energy consumption, solid waste, and City operations. Since approval, most measures from the CAP have been implemented or are in various phases of progress. This program includes updating the 2015 Climate Action Plan in 2020 to include adaptation and mitigation strategies, supporting the implementation of City Council-approved CAP programs , and expanding upon education and outreach on CAP programs and initiatives.

Timeline: Near-Term
Budget/Estimated Costs: Funding from the Fiscal Year 2020-2021 Budget will need to be allocated to hire a consultant to update the City’s Climate Action Plan.

Resources: City Manager staff will lead the CAP Update development with the consultant (chosen through a Request for Proposal process). Other City Staff will provide data and information to the consultant team. Communications Department Staff will assist with data gathering through co mmunity outreach. Reinstatement of a Community Sustainability Advisory Committee will be considered.

Performance Measures: Update and Adoption of an updated Climate Action Plan.

Expected Outcomes: Ability of the City to successfully address challenges that climate change will bring to the community. The Climate Action Plan identifies and quantifies the impact of the City’s sustainability vision, policies, and programs on GHG emissions.

Expected Completion Date: Completed by the end of Calendar Year 2021.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

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FOCUS AREA 2. ENVIRONMENTAL AND PUBLIC HEALTH
Goal 2.3 Increase the use of 100% clean electricity generation for business and residential customers to 15% by 2025, 25% by 2030, and 35% by 2035.

Actions that support this goal:

2.3.A. Increase marketing for solar rebate programs and Peninsula Clean Energy’s ECO100 product to business and residential customers.

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Focus Area 2. Environmental and Public Health
Goal 2.3. Increase the use of 100% clean electricity generation for business and residential customers to 15% by 2025, 25% by 2030, and 35% by 2035.

Action 2.3.A. Increase marketing for solar rebate programs and Peninsula Clean Energy’s ECO100 product to business and residential customers.

The City of Foster City offers a solar rebate program; however, participation in the program is limited. The program's first goal will update the solar rebate program (possibly with an increased incentive) and condu ct an aggressive media push to encourage Foster City residents to install solar panels on their roofs. Peninsula Clean Energy (PCE) is a community choice energy program run by San Mateo County cities that provides customers with cleaner and greener electri city at lower rates for its base product and offers an ECO 100 product 100% derived from renewable sources. The program's second goal will partner the City with PCE to aggressively market the ECO100 product to Foster City ratepayers (residents and businesses) . PCE plans to supply 100% carbon -free electricity by 2021 and 100% renewable electricity by 2025.

Timeline: Near-Term
Budget/Estimated Costs: This program mostly consists of marketing collateral to increase the visibility of the City’s Solar Rebate Pro gram as well as Peninsula Clean Energy’s ECO100 – 100% Renewable Energy Product. Additional funds will also be needed if the solar rebate incentive is to be increased from its current $1,000, and a new funding source would need to be identified.

Resources: Public Works Staff currently administers the Solar Rebate program. Increased marketing of the program will be handled by Communication Department staff. City Manager and Communications Department Staff will work with Peninsula Clean Energy to raise awareness of ECO100 in the Foster City Community.

Performance Measures: Number of solar rebates. Increase of PCE customers who opt-up to ECO100.

Expected Outcomes: Increasing participation in Foster City’s Solar Rebate and PCE’s ECO100 – 100% Renewable Energy Product generates additional GHG savings.

Expected Completion Date: A m arketing campaign would be ongoing but take approximately one month to implement.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

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FOCUS AREA 2. ENVIRONMENTAL AND PUBLIC HEALTH
Goal 2. 4 Promote active, healthy lifestyles through events, parks and recreation programs, and active transportation.

Actions that support this goal:

2.4.A. Increase education and marketing of City’s parks and recreation offerings.

2.4.B. Create walking guides f eaturing maps, suggested routes, distances, challenge ratings, and health benefits.

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Focus Area 2. Environmental and Public Health
Goal 2.3. Promote active, healthy lifestyles throu gh events, parks and recreation programs, and active transportation.

Action 2.4.A. Increase education and marketing of City’s parks and recreation offerings.

This strategy is designed to highlight the City’s parks and recreation offerings, educating residents, businesses, and visitors on Foster City’s 24 parks and eight miles of levee pedway, as well as dozens of recreation classes. Specific p rograms to increase awareness may include; a junior ranger program that encourages kids and teens to pick up trash and get rewarded, a Foster City Parks Marketing Campaign, highlighting a different park weekly on social media with a picture contest, and a “Nature in the City” Program to increase human access and connection to nature (Community Gardens, Horticulture Programs, Environmental Stewardship Programs/Activities).

Timeline: Mid-Term
Budget/Estimated Costs: Program costs will cover incentives for a Junior Ranger Program, Parks Marketing Campaign picture contest reward and marketing collateral, and monies for the “Nature in the City” Program for community gardens and Horticulture Programs.

Resources: Parks & Recreation Staff would manage the program s with input and assistance from the Parks and Recreation Citizen Advisory Committee, who would also act as ambassadors for the Programs. Communications Department Staff would assist in marketing and social media efforts.

Performance Measures: Number of participants in each program.

Expected Outcomes: Greater exposure of the smaller, less well -known Foster City Parks, including increased positive interactions between the community and nature. Increased engagement and awareness with the Community regarding Parks and Recreation offerings highlights one of Foster City’s greatest assets – its parks system Expected Completion Date: This overall program will take approximately 6-12 months to implement, then it will be an ongoing program.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 1 4
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 22 Medium

282

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Focus Area 2. Environmental and Public Health
Goal 2.4. Promote active, healthy lifestyles through events, parks and recreation programs, and active transportation.

Action 2.4.B. Create walking guides featuring maps, suggested routes, distances, challenge ratings, as well as health benefits, such as calorie-burn counts.

This strategy includes working with the Parks and Recreation Citizen Advisory Committee to identify and plan walking routes, points of interest, distances, and health benefits for a comprehensive Foster City W alking Guide. The creation of walking guides may encourage associations of neighbors, friends, congregants, and coworkers to form walking groups for recreational, social, health, and mobility purposes, and establish a mechanism for registering walk group c omposition and activities for social media competitions and prizes. The Walking Guide will identify at least one walking route within or close to all Foster City neighborhoods. Guides will be available as downloadable and printable documents on the City’s website and as hard copies available through the Parks & Recreation Department.

Timeline: Near-Term
Budget/Estimated Costs: Printing costs should be minimal ($1,000) as hard copies of the Walking Guide can be printed in-house or at low-cost, externally. Additionally, a mobile- friendly digital version can be created in -house. This program has the potential for sponsorship and/or advertisement opportunities.

Resources: The Communications Department will lead the program by designing the Walking Guide. The Cit y Manager and Parks and Recreation Departments will identify sponsorship opportunities. The Parks and Recreations Citizen Advisory Committee will help identify and plan walking routes, points of inter est, distances, and health benefits with oversight by the Parks and Recreation Department. IT will assist with the digital version.

Performance Measures: Number of Walking Guides printed/downloaded. Number of participants in Walking Guide events or activities.

Expected Outcomes: This strategy promotes walking to enhance public health, reduce vehicle-miles traveled, and increase awareness and use of recreational and cultural resources.

Expected Completion Date: Two to four months of preliminary work by the Parks and Recreation Citizens Advisory Committee creating the Walking Guide's bones, with about two to four months of design work by the Communications Department.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 1 4
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 22 Medium

283

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CHAPTER 5: RESOURCE CONSERVATION

FOCUS AREA 3. RESOURCE CONSERVATION
Energy, water, organic materials, and consumer goods are all resources that need to be conserved to make Foster City sustainable. Many of these resources, including food, are produced elsewhere and brought into Foster City. Creating a more sustainable Foster City requires both the City government and the wider community (businesses and residents) to use resources more efficiently; recycle; reduce hauling and landfilling of waste, and consider the byproducts of production, transportation, and consumption.

Choosing to consume less is often the most effective way to become more sustainable.

Goal 3.1 Generate/source more renewable energy.

Actions that support this goal:

3.1.A. Install electricity storage at City facilities in case of an emergency or disaster.

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Focus Area 3. Resource Conservation
Goal 3.1. Generate/source more renewable energy.

Action 3.1.A Install electricity storage at City facilities in case of an emergency or disaster.

This strategy entails installing electric battery storage at City facilities in case of an emergency or disaster. The price of lithium-ion batteries has fallen by about 80% over the past five years, enabling the integration of storage into solar power systems. Battery storage provides a way to keep the grid stable, allowing an instant balance between supply and demand. This program helps create reliable electric battery storage at City facilities in case of an emergency or disaster. While solar panels are not needed for battery storage installation, as battery storage can be charged directly from the electric grid, staff will continue to look for opportunities to install solar panels on city property. This program would be tied to ex isting solar panels or the installation of new solar panels at City facilities.

Timeline: Long-Term
Budget/Estimated Costs: Currently, lithium-ion batteries provide the best option for four - hour storage in terms of cost, performance, and maturity of the technology. Grant funding or zero -interest loans should be sought to fund battery storage (perhaps in conjunction with solar installation) on City-owned facilities.

Resources: City Manager and Public Works Department staff will work with San Mateo County and private consultants to identify appropriate m unicipal buildings for battery storage.

Performance Measures: Kilowatts of energy stored in on-site battery storage energy systems.

Expected Outcomes: Creating battery storage can help the City realize resiliency (and perhaps GHG reduction when combined with solar power systems) goals.

Expected Completion Date: Identifying municipal buildings appropriate for battery storage installation and a funding source, then getting Council -approval could take up to a year, with installation taking up to another year.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 1 2 Program
Prioritization Benefit to Degree of Risk Ratio 1 2 2
Total Score 21 Medium

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FOCUS AREA 3. RESOURCE CONSERVATION
Goal 3.2. Increase overall waste diversion from landfills.

Programs that support this goal:

3.2.A. Establish a City Green Team and adopt best practices to increase municipal recycling rates, energy efficiency and water conservation programs, cut supply costs, reduce overall municipal waste generation, and vehicle miles traveled (VMT) reduction alternatives.

3.2.B. Encourage backyard composting of organic materials through enhanced public education about composting methods, options, and benefits.

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Focus Area 3. Resource Conservation
Goal 3.2. Increase overall waste diversion by 75% from landfill by 2025.

Action 3.2.A. Establish a City Green Team and adopt best practices to increase municipal recycling rates, energy efficiency and water conservation programs, cut supply costs, reduce overall municipal waste generation, and vehicle miles traveled (VMT) reduction alternatives.

This strategy involves adopt ing best practices within municipal buildings to increase municipal recycling rates, energy efficiency , water conservation programs, cutting supply costs, reduc ing overall municipal waste generation , and vehicle miles traveled (VMT) reduction alternatives. This action's primary focus is to establish a City Green Team, composed of representatives from each city department, who can recommend improvements in diversion infrastructure (like container plac ement), work habits, and work rules, and encourage compliance with new standards. The Green Team will incentivize the implementation of best practices related to source reduction, efficiencies, the purchase of goods that have longer life spans, and purchases from local businesses.

Potential actions include placement of additional recycling bins , new compost bins , standardization of two -sided printing, increased use of paperless recordkeeping, and teleconferencing work rules and equipment. The Project Lead would coordinate with Human Resources to manage, assist recruiting members, and communicate the program to all City staff.

Timeline: Near-Term
Budget/Estimated Costs: Potential new equipment purchases (offset by reduced supply costs) and the differential between virgin and recycled content products.

Resources: City Manager’s Department would act as Lead with Human Resources Department assistance. All City Department would participate.

Performance Measures: Work practices and habits have not been examined comprehensively, nor has any mechanism been established for encouraging sustainable action at the departmental or individual level, so precise metrics will be challenging to track until baselines are established.

Expected Outcomes: Set an example of efficient use of resources, reduce non - recyclable waste generation from the public sector, cut wasteful energy use, and cut City office supply purchases by 20%.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 26 High

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Focus Area 3. Resource Conservation
Goal 3.2. Increase overall waste diversion from landfills.

Action 3.2.B. Encourage home composting of organic materials through enhanced public education about composting methods, options, and benefits.

Waste diversion represents an opportunity to use our natural resources more efficiently .

This action creates a public awareness campaign that asks residents to consider composting as an option to reduce biodegradable waste sent to landfills. Many of the tasks associated with this program are education and marketing related . Marketing efforts would align with the current Compost Bin Rebate Program under which each Foster City household is eligible for up to $40 toward the cost of a backyard compost bin (a program administered by Triformis Corporation ), which can be combined with San Mateo County's residential rebate program for compost bins and ancillary supplies.

Further, this action would enhance current marketing efforts around the County’s Master Composter program and the annual home composting workshop held in Foster City.

Finally, this action would include ordinance review, to possibly hav e a Homeowner’s Association mandate to allow composting bins (see City of Berkeley for policy direction).

Additional compli mentary programs may be pursued, such as encouraging the community to donate and purchase used goods rather than disposing of.

Timeline: Mid-Term, and in conjunction with the implementation of SB 1383 rules Budget/Estimated Costs: Monies are available in the Construction and Demolition Fund to help fund marketing efforts.

Resources: Public Works Staff would lead efforts with Communication Department Staff support for marketing.

Performance Measures: Reduce the number of organic landfill contributions.

Expected Outcomes: Composting organic items like food scraps and yard debris helps reduce the number of waste cities send to the landfill.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 2 4 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 24 High

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FOCUS AREA 3. RESOURCE CONSERVATION
Goal 3.3. Reduce energy consumption at municipal facilities.

Programs that support this goal:

3.3.A. Continue implementation of Intelligent Streetlight Pilot Program, installing Verizon Wireless “Smart Sensors” to existing City LED streetlights.

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Focus Area 3. Resource Conservation
Goal 3. 3. Reduce energy consumption at municipal facilities by 15% by 2025 and an additional 25% by 2035.

Action 3.3.A. Continue implementation of Intelligent Streetlight Pilot Program, installing Verizon Wireless “Smart Sensors” to existing City LED streetlights.

In 2019, Verizon approached the City of Foster City to participate in a trial program to install “smart sensors” to existing City LED streetlights that will provide additional energy savings above merely having LED streetlights. The trial program did not require the City to participate financially and had ener gy and cost -saving potential for providing street lighting for the community. This action proposes to c ontinue the trial program in partnership with Verizon Wireless and install additional “smart sensors” to existing City LED streetlights to provide energy savings above merely having LED streetligh ts, beyond the initial 200. The technology allowed staff to monitor the lights' performance and receive notifications when they do not work correct ly. Staff will evaluate the trial program's success to demonstrate cost and energy savings and inquire if Verizon will continue to offer the Intelligent Lighting Service. Staff will return to Council to discuss continuing or expanding the service.

Timeline: Mid-Term
Budget/Estimated Costs: Verizon provided equipment and service at no charge and reimbursed the City for installation costs during the trial program. However, to place additional sensors, a funding source will need to be identified.

Resources: Public Works Department Staff has managed this program.

Performance Measures: Number of additional Smart Sensors installed. Energy savings achieved.

Expected Outcomes: Installing the Verizon product on the City’s streetlights allowed for energy savings by reducing light/energy output during sunrise/sunset periods when less light is needed to light the area adequately. Expanding this program allows for greater energy savings.

Expected Completion Date: This program can be done in phases as funding becomes available.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 2 4 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 24 High

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FOCUS AREA 3. RESOURCE CONSERVATION
Goal 3.4. Conserve parklands and the City’s open spaces.

Programs that support this goal:

3.4.A. Implement the Foster City Parks Master Plan.

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Focus Area 3. Resource Conservation
Goal 3.4. Conserve parklands and the City’s open spaces.

Action 3.4.A. Create and implement the Foster City Parks Master Plan.

The Parks Master Plans determine the priority of all projects in relationship to Parks Systems.

Comprehensive assessment of the Park System is a crucial component of the City Council’s “Infrastructure at 50” Priority Focus Area. The Park System Master Plan will ensure that the City has park amenities to meet an increasingly diverse population's needs and provide a blueprint for Park System budgeti ng for the foreseeable future. The Foster City Park System consists of 160 acres of parks and open space, including 24 parks and eight miles of levee pedway in four square miles. There are sixteen (16) playgrounds, nine (9) park sites with at least one court activity, seven (7) synthetic turf fields, and fourteen (14) park restrooms. The City maintains and makes continuous improvements to the existing park's infrastructure, ensuring that all components meet legal and City established standards on an on-going basis. Even so, several of the City’s parks are nearing 50 years old and are at or near the end of their useful lives.

Timeline: Mid-Term
Budget/Estimated Costs: Once the City Council has approved the Parks Master Plan , annual funding for implementation will be included in the City’s annual budget.

Resources: Parks and Recreation Department Staff will create and implement the Parks Master Plan.

Performance Measures: Adoption of the plan and Individual project completion from the Parks Master Plan.

Expected Outcomes: Completing Park System Master Plan helps provide a long -term safeguard for Foster City’s Parks infrastructure, a community asset that contributes to stable home prices, safe neighborhoods, and quality of life for community residents.

Expected Completion Date: The Parks Master Plan is a 20 -year Capital Improvement Program.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

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CHAPTER 6: SUSTAINABLE BUILT ENVIRONMENT

FOCUS AREA 4. SUSTAINABLE BUILT ENVIRONMENT
The built environment is the human-made area in which people live, work, and play daily.

Housing is not economically available to those working here at middle and lower-paying jobs or those who are now on fixed incomes. The City must find solutions to this problem.

Sustainable buildings should be designed and constructed to highly resource -efficient and, therefore, significantly reduce or eliminate impacts on the environment. Sustainable buildings should also be designed to provide healthier indoor environments for their occupants. Sustainable practices for the operation and maintenance of both existing buildings and new sustainable facilities are important for our community's sustainability.

There is a major opportunity for a reduction in energy use through retrofitting existing buildings. Sustainable development aims to analyze and generate new housing, construction, environment, and community development approaches.

Goal 4.1. Protect and expand the current stock of affordable housing stock and provide rental protections for more Foster City residents.

Actions that support this goal:

4.1.A. Help educate Foster City residents and property-owners about AB 1482, which limits annual rent increases to 5% plus the rate of inflation (typically 2%-3%) and requires landlords to provide a “just cause” for evicting tenants.

4.1.B. Continue the City of Foster City’s employee rental assistance program.

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Focus Area 4. Sustainable Built Environment
Goal 4.1. Protect and expand the current stock of affordable housing stock and provide rental protections for more Foster City residents.

Action 4.1.A. Help educate Foster City residents and property- owners about AB 1482, which limits annual rent increases to 5% plus the rate of inflatio n (typically 2% -3%) and requires landlords to provide a “just cause” for evicting tenants.

The strategy will include making available marketing collateral targeted at tenants and property owners and social media material to educate about AB 1482, a sweeping rent- increase cap bill signed into law by California Governor Gavin Newsom in September 2019. Additional resources will also be available on the City’s website. Beginning January 1, 2020, AB -1482 limited rent increases across Cali fornia to 5 percent per year plus the local rate of inflation. The rules impact cities differently depending on whether they already have rent- control laws. Unless otherwise voted, the measure is expected to expire in 2030. AB 1482 caps annual rent increases at 5% plus the rate of inflation for much of the state’s multifamily housing stock. It also requires landlords to show a “just cause” to evict tenants in place for 12 months or more.

Timeline: Near-Term
Budget/Estimated Costs: Zero to little cost.

Resources: City Manager, Community Development, and Communications Department Staff will create the marketing collateral, social media posts, and resource page on the City’s website.

Performance Measures: Number of inquiries from tenants and property owners. Number of materials provided to tenants and property owners.

Expected Outcomes: Assisting both tenants and property owners in understanding the new law will help ease any tensions that may arise due to this new law.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

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Focus Area 4. Sustainable Built Environment
Goal 4.1. Protect and expand the current stock of affordable housing stock and provide rental protections for more Foster City residents.

Action 4.1.B. Continue the City of Foster City’s employee rental assistance program.

The Employee Rental Assistance Program (ERAP) provides City employees who move to rental property (home, apartment, or condominium) in Foster with a loan of up to $10,000 for the costs associated with the payment of the first month’s rent, last month’s rent, and security deposit. The City Council has authorized a total of $60,00 0 in funding for the program. The program is open to any full-time, permanent employee of the City of Foster City moving to Foster City from another city . The program is available on a first- come, first-served basis.

Timeline: Near Term – current
Budget/Estimated Costs: $60,000 was allocated from the City’s General Fund for this program. Once funds are depleted, City Council may approve additional funds.

Resources: This program is currently administered by Human Resources staff.

Performance Measures: Number of employee applications received.

Expected Outcomes: The program supports staff retention and talent attraction, which is identified under the City Council’s Strategic Focus Area #6 to “Maintain exemplary municipal services, f urther develop our talented employees and manage the public’s fiscal resources through responsible policies, practices, and decisions.” Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

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FOCUS AREA 4. SUSTAINABLE BUILT ENVIRONMENT
Goal 4.2. Create more energy-efficient and sustainable residential homes.

Actions that support this goal:

4.2.A. Encourage and help facilitate residential energy efficiency upgrades by marketing the PACE program and Energy Upgrade California.

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DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 45 | PAGE

Focus Area 4. Sustainable Built Environment
Goal 4.2. Create more energy-efficient and sustainable building practices.

Action 4.2.A. Encourage and help facilitate residential energy efficiency upgrades by marketing the PACE program and Energy Upgrade California.

Property Assessed Clean Energy (PACE) programs help customers finance their energy efficiency and renewable energy improvements through voluntary assessments on their properties. PACE programs allow a property owner to finance the up-front cost of energy or other eligible impro vements on a property and then pay the costs back over time through a voluntary assessment. The unique characteristic of PACE assessments is that the assessment is attached to the property rather than an individual. The City of Foster City currently offers four providers through the PACE program; however, few residents have taken advantage of the financing, most likely due to lack of awareness.

Additionally, Energy Upgrade California is a statewide initiative to help Californians be more energy-efficient, utilize more sustainable natural resources, reduce demand on the energy grid, and make informed choices about their energy use at home and work. This program's efforts will entail enhanced education and marketing to Foster City homeowners seeking energy efficiency and renewable energy improvements.

Timeline: Near Term – current
Budget/Estimated Costs: No funding is required to implement this primarily marketing strategy.

Resources: City Manager and Communication Departments would lead marketing efforts to promote the PACE Program and Energy Upgrade California programs to residents.

Performance Measures: Number of outreach efforts and residential loans/projects completed.

Expected Outcomes: Increased awareness of existing home energy upgrade programs may lead to carbon reductions through energy-efficiency and/or energy improvements.

Expected Completion Date: Ongoing.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 26 High

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FOCUS AREA 4. SUSTAINABLE BUILT ENVIRONMENT
Goal 4.3. Encourage up to 50 residential energy -efficient lighting retrofits and/or home energy audits to promote energy conservation and reduce GHG emissions.

Actions that support this goal:

4.3.A. Work with the County of San Mateo Check-It-Out Home Energy and Water Saving Toolkit and BAYREN’s Energy Efficiency Upgrades for Property Owners programs to help residents create energy-efficient home improvements.

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Focus Area 4. Sustainable Built Environment
Goal 4.3. Encourage up to 50 residential energy -efficient lighting retrofits and/or home energy audits to promote energy conservation and reduce GHG emissions.

Action 4.3.A. Work with the County of San Mateo Check -It-Out Home Energy and Water Saving Toolkit and BAYREN’s Energy Efficiency Upgrades for Property Owners programs to help residents create energy-efficient home improvements.

This action entails partnering with th e San Mateo County Energy Watch program to provide commercial PG&E customers' energy efficiency services. Additiona lly, this program will utilize the Check-It-Out Home Energy and Water Saving Toolkit program to provide free resources to help Foster City residents perform a basic assessment of their home energy and water use efficiency and improve it where possible. Thi s action is designed to help residents save money on their utility bills, increase their home comfort , and act as an educational resource. Lastly, this action will also promote BayREN Home+ assistance and incentives for home improvement projects to reduce energy use and make homes more comfortable. The promotion and marketing of each program can help Foster City residents make energy-efficient upgrades.

Timeline: Mid-Term
Budget/Estimated Costs: This no -cost action mainly entails social media and internet marketing of outside agency programs, with the addition of a link on the City’s website.

Resources: City Manager Department Staff will manage the outreach of these programs with Communications Department Staff support.

Performance Measures: Number of referrals to each program. Number of new program participants (data received from San Mateo County and BAYREN).

Expected Outcomes: Single-family residents can save energy, increase the comfort and safety of their homes, and save money by becoming more energy efficient.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 26 High

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DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 48 | PAGE

CHAPTER 7: SUSTAINABLE LOCAL ECONOMY

FOCUS AREA 5. SUSTAINABLE LOCAL ECONOMY
All sustainability efforts depend on a strong economy—jobs for people and money for goods and services. Foster City needs to support and expand its local economy to ensure jobs for residents of all income levels and to ensure services and supplies are avai lable locally. Examples of strategies and initiatives may include increasing sales tax revenue for City services, local businesses' employees to shop and staying in town, business recruitment, and retention initiatives.

Goal 5.1 Recruit and secure new businesses and continue local business pr omotion, increasing sales tax revenues by 2% annually over each prior year.

Strategies that support this goal:

5.1.A. Continue the Economic Incentive Program (EIP) to attract and retain businesses in Foster City.

5.1.B. Continue the “Get It Here: Support Local Foster City” brand awareness campaign.

5.1.C. Continue the “Get It Here: Support Local Foster City” Rewards App.

5.1.D. Create a business-to- business e-platform to connect individual businesses in Foster City, allowing them to partner and grow their businesses.

5.1.E. Continue the Business Spotlight Program, which recognizes Foster City businesses for their contributions to the City.

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Focus Area 5. Sustainable Local Economy
Goal 5.1. Recruit and secure new businesses and continue local business pro motion, increasing sales tax revenues by 2% annually over each prior year.

Action 5.1.A. Continue the Economic Incentive Program (EIP) to attract and retain businesses in Foster City.

The purpose of the City Council-approved Economic Incentive Policy (EIP) is to expand the City’s economic base through attracting and retaining high -quality business development that is compatible with the City Council’s economic development goals.

These g oals include business retention, increasing tax revenues, diversifying the economic base, and enhancing regional competitiveness for attracting new businesses.

The policy serves to stimulate development within targeted commercial areas. The policy states that the City may, at the City's discretion, provide financial assistance to new or existing businesses through the use of Community Benefit Funds and/or other available funds. The City may also assist individual businesses in seeking financing and incentives through alternate, non-municipal programs. Economic incentives considered by the City must provide a distinct financial return to the City.

Timeline: Near-Term – current
Budget/Estimated Costs: The EIP activi ties are funded from the “Community Benefits Payment” made by BMR -Lincoln Centre LLP as part of the Development Agreement approved by the City Council in 2015. Typically, not more than 20% of the total project cost is supported by incentive revenues.

Resources: City Manager and Community Development Staff implement this program.

Performance Measures: Total funds involved , applications received, and businesses approved through the program. (Due to the dramatic effects of COVID-19 on businesses, 2020 may be used as the baseline year for metric purposes.) Expected Outcomes: The Economic Incentive Policy (EIP) make s certain n ew or expanding business types eligible to receive incentives to locate and/or expand in high priority retail commercial areas of the City and establish a process to evaluate potential applicants allocate available resources.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

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DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 50 | PAGE

Focus Area 5. Sustainable Local Economy
Goal 5.1. Recruit and secure new businesses and continue local business promotion, increasing sales tax revenues by 2% annually over each prior year.

Action 5.1.B. Continue the “Get It Here: Support Local Foster City” brand awareness campaign.

Foster City launched its first "Shop Local" campaign that focused on supporting local businesses while educating consumers about the economic and social advantages that independent and local businesses bring to our community. The campaign's intended goals are to recirculate purchasing dollars in the community by supporting local Foster City merchants, strengthening the City’s local sales tax base, and capturing more of the spending capital of “pass- through” traffic and the City’s large daytime employee population. The first phase of the Support Local Campaign focused on the Featured Business program, which, weekly, promoted a different Foster City restaurant. Phase two of the “Get It Here: Support Local Foster City” marketing campaign and strategy, in Fiscal Year 2019 -2020, focused on improving the customer experience and streamlining the ability of businesses to offer rewards by introducing a customer loyalty app. Phase three will expand the rewards app and the reach of the Support Local Campaign and Brand Awareness.

Timeline: Near-Term – current
Budget/Estimated Costs: The Support Local Foster City Campaign has been a low- cost marketing effort, highlighting customer reach, social media, contests, rewards apps, and other low-cost, high reach strategies. Future funds will be spent on similar tasks.

Resources: City Manager Department Staff manages this program.

Performance Measures: Percent increase in business tax base.

Expected Outcomes: This strategy promotes the recirculation of purchasing dollars in the community, strengthening local sales tax base and higher capture of local spending.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 2 4 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 28 High

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DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 51 | PAGE

Focus Area 5. Sustainable Local Economy
Goal 5.1. Recruit and secure new businesses and continue local business promotion, increasing sales tax revenues by 2% annually over each prior year.

Action 5.1.C. Continue the “Get It Here: Support Local Foster City” Rewards App.

As part of the “Get It Here: Support Local Foster City” Campaign, the City leveraged the relationships built with small businesses who participated in the Weekly Featured Business Program and the associated customer base and transitioned them both to the S upport Local Foster City Rewards App (using the Stamp Me platform). The “Get It Here: Support Local Foster City” marketing campaign and strategy focuses on improving the customer experience and streamlining businesses' ability to offer rewards. The City pays for each business’s participation in Stamp Me at a rate of $20 per month. The City helps to promote the program to the public . During the COVID -19, to support local restaurants and their customers, the City offered free $10 vouchers through the Stamp Me app, allowing customers to get take- out during the shelter in place order. These vouchers were available to new or current customers who have downloaded the Stamp Me App.

Timeline: Near-Term – current
Budget/Estimated Costs: The Support Local Foster City Campaign has been a low- cost marketing effort, highlighting customer reach, social media, contests, rewards apps, and other low-cost, high reach strategies. Funding needed for the Rewards App includes the $20/monthly fee for participating businesses for one year, the beacons' cost, and the cost to fund the customer reward vouchers.

Resources: City Manager Department Staff manages this program.

Performance Measures: Number of customer downloads, stamps, and rewards given out.

Expected Outcomes: Much like the Support Local Foster City campaign, the purpose of the Rewards App is to help recirculate purchasing dollars in the community by supporting local merchants, strengthen the city's local sales tax base, and capture more of local spending.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 2 4 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 28 High

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DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 52 | PAGE

Focus Area 5. Sustainable Local Economy
Goal 5.1. Recruit and secure new businesses and continue local business promotion, increasing sales tax revenues by 2% annually over each prior year.

Action 5.1.D. Create a business-to-business e-platform to connect individual businesses in Foster City, allowing them to partner and grow their businesses.

The strategy entails the creation of a business-to-business e- platform to connect individual businesses in Foster City. Businesses will be able to contact each other to partner and grow their businesses directly. By providing information about products and services, different businesses can collaborate in mutually beneficial partnerships.

Timeline: Mid-Term
Budget/Estimated Costs: An e-platform may be developed in -house at no additional cost; however, business software platforms may be utilized at a cost.

Resources: IT and City Manager Department Staff will collaborate to complete this program.

Performance Measures: Percent increase in business tax base. Number of business participants in the initiative.

Expected Outcomes: Provide and promote unique channels for collaborative businesses- to-business connections.

Expected Completion Date: Ongoing.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

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DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 53 | PAGE

Focus Area 5. Sustainable Local Economy
Goal 5.1. Recruit and secure new businesses and continue local business promotion, increasing sales tax revenues by 2% annually over each prior year.

Action 5.1.E. Continue the Business Spotlight Program, which recognizes Foster City businesses for their contributions to the City.

The Foster City Business Spotlight Program is a free business recognition program designed to create awareness about the variety of local businesses in Foster City and their contributions to the community and region. The program is a great way for the City to thank you and highlight the great things happening in Foster City while providing another platform to promote local goods an d se rvices. The program recognizes one local business each quarter to highlight its value to the Foster City community. The selected businesses receive a proclamation from the City Council and a spotlight promotional video for its use. Each video is shown at a City Council meeting, showcased on the City’s website, and promoted through social media platforms. Quarterly, the City Council Sustainability Ad Hoc Subcommittee accepts nominations for Business Spotlight Program recipients to be featured.

Timeline: Near-Term – current
Budget/Estimated Costs: This is a no-cost initiative.

Resources: City Manager and Communication Department Staff manage this program.

Performance Measures: Increased exposure for local businesses through recognition by City Council.

Expected Outcomes: Increased exposure for local businesses.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

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DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 54 | PAGE

FOCUS AREA 5. SUSTAINABLE LOCAL ECONOMY
Goal 5.2 Foster a strong, sustainable local economy and business climate through improved business customer service and communication.

Strategies that support this goal:

5.2.A. Continue the City’s Business Ombudsman Program, which serves as a liaison between the City and the business community.

5.2.B. Continue the City’s Business communication initiatives, including, but not limited to , Roundtable events, the Visitation Program, and the Business e- Newsletter.

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DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 55 | PAGE

Focus Area 5. Sustainable Local Economy
Goal 5. 2. Foster a strong, sustainable local economy and business climate through improved business customer service and communication.

Action 5.2.A. Continue the City’s Business Ombudsman Program, which serves as a liaison between the City and the business community.

The Foster City Ombudsman is available to help businesses navigate through the network of local, regional, state, and federal agencies and regulations. The Business Ombudsman serves as the liaison between the City and the business community , is r esponsible for addressing local businesses' questions and concern s, and guarantees that the City's merchants receive prompt and complete responses.

Timeline: Near-Term – current
Budget/Estimated Costs: Using existing City Manager staff, this program does not incur additional costs.

Resources: City Manager Department Staff lead s this program that helps businesses navigate other municipal departments and City policies and procedures.

Performance Measures: Number of direct contacts for Business Ombudsman Serv ices.

Expected Outcomes: Business community and developer complaints and frustrations are lowered.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

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Focus Area 5. Sustainable Local Economy
Goal 5.2. Foster a strong, sustainable local economy and business climate through improved business customer service and communication.

Action 5.2.B. Continue the City’s Business communication initiatives, includi ng, but not limited to, Roundtable events, the Visitation Program, and the Business e-Newsletter.

Business Communication initiatives promote two-way dialogue between the City and the business community. This communication strategy will include the following elements: 1 ) Business Roundtable meetings will be held quarterly to review and discuss local business issues within the community and regional or statewide significance issues. These Roundtables foster dialogue not just between the business community and government but also amongst the businesses. 2 ) Regular Business Visitation Meetings will provide an excellent opportunity for company representatives and City staff to meet and discuss business operations, business information , resources, future expansion plans, and many other business-related topics. It also provides businesses with an opportunity to share and showcase what they do best. Businesses may also request to schedule visitations. 3 ) A monthly e -newsletter is produced and distributed by the City , highlighting economic development initiatives, significant projects affecting the city, and reaffirming the City’s commitment to the Foster City business community. To close the loop with businesses, City Staff will follow -up with businesses' health after communication that demonstrate s continuing interest.

Timeline: Near-Term – current
Budget/Estimated Costs: Business Roundtables have minimal costs (light refreshments and marketing collateral).

Resources: City Manager and Communication Department Staff pl an and promote these initiatives, respectively.

Performance Measures: Staff will conduct in- person or virtual roundtables with the business community annually, meet with 25 businesses, and increase readership of the business e-Newsletter.

Expected Outcomes: The combination of the City’s Communication Initiatives build and grow strong relationships with the Foster City business community through transparent, positive, and forward -thinking communication and create and foster individual relationships within the business community.

Expected Completion Date: Ongoing.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 30 High

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FOCUS AREA 5. SUSTAINABLE LOCAL ECONOMY
Goal 5.3. Facilitate public-private partnerships to leverage private investment, with every dollar of public funding leveraged by two private investment dollars.

Strategies that support this goal:

5.3.A. Continue offering the Commercial Façade Improvement Program.

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Focus Area 5. Sustainable Local Economy
Goal 5.3. Facilitate public-private partnerships to leverage private investment, with every dollar of public funding leveraged by two private investment dollars.

Action 5.3.A. Continue offering the Commercial Façade Improvement Program.

The Commercial Façade Improvement Grant Program, originally part of the Fiscal Year 2016-2017 to 2017-2018 Economic Development Strategic Plan, assists neighborhood shopping center owners in upgrading the appearance and condition of the centers to help foster a positive retail environment stimulate economic development. The Program originally began with $300,000 in available funding from the Community Benefit Fund and sought to promote reinvestment and revitalization of older neighborhood shopping centers in Foster City.

Timeline: Near-Term – current
Budget/Estimated Costs: Funding for the program in the amount of $300,000 was allocated from the Community Benefit Fund. Once the $300,000 in Community Benefit Funds has been depleted , the Commercial Facade I mprovement Program will be completed unless otherwise directed by City Council.

Resources: Current staffing levels in the Community Development and City Manager Department are sufficient to administer this Program.

Performance Measures: Number of applicants. Amount of private investment leveraged through economic development efforts. Property and sales tax enhancements in centers that have utilized funds,
Expected Outcomes: The Commercial Facade Improvement Grant Program is intended to assist neighborhood shopping center property -owners in upgrading their centers' appearance and condition to nurture a positive retail business environment and stimulate economic development. These types of incentives for property -owners allow them to update and maintain public-facing facades.

Expected Completion Date: This would be an on-going program until funds are depleted.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 2 4 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 28 High

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CHAPTER 8: TRANSPORTATION AND MOBILITY

FOCUS AREA 6. TRANSPORTATION AND MOBILITY
The ability to quickly and affordably move about our City and the region are essential for a healthy economy. At the local level, vehicular traffic threatens the safety of pedestrians and bicyclists. T he increase in gas prices and concerns about emissions from internal combustion engines has accelerated the move toward low-emission and high mileage vehicles and encouraged the community to explore ways to reduce the amount of time spent driving alone in cars. These trends will lead to fewer cars on the road and increased use of bicycles and scooters, mass transit, and carpooling for transportation needs.

Goal 6.1. Install more EV charging stations and encourage installation on privately owned land.

Actions that support this goal:

6.1.A. Evaluate programs to expand EV charger deployment on private property, including rebates and financing options.

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Focus Area 6. Transportation and Mobility
Goal 6.1. Install more publicly available EV charging stations on publicly owned land and encourage installation on privately owned land.

Action 6.1.A. Evaluate programs to expand EV charger deployment on private property, including rebates and financing options.

This strategy expands the existing Residential EV Charg ing Station Rebate Program approved by the City Council in December of 2019 to include multi- family units and additional funding. The current program is designed to fill a gap in existing PG&E and Peninsula Clean Energy Programs that primarily focus on the vehicle's cost and do not apply to the residential charging station installation costs. Provided the program requirements are met, the current program offers up to $250 (and an additional $250 for low income) plus a waiver of up to $250 toward City permits fees.

Timeline: Near-Term – current
Budget/Estimated Costs: Public-private financial partnerships are needed to build and install the necessary infrastructure for multi-family EV chargers, as many private entities cannot bear the financial burden. Howev er, as part of the existing Residential EV Charging Station Rebate Program, the City may explore incentivizing multi -family property owners with additional incentives.

Resources: Public Works staff currently manage the pro gram. Community Development Department staff can assist in identifying multi-family properties eligible for incentives.

Performance Measures: The number of new chargers installed.

Expected Outcomes: Many of those who live in multi- unit dwellings cannot charge vehicles at their homes due to shared parking or lack of supporting infrastructure .

Installing new chargers increases access to EV charging infrastructure.

Expected Completion Date: The program is completed when program funds are depleted.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 2 4 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 24 High

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FOCUS AREA 6. TRANSPORTATION AND MOBILITY
Goal 6.2. Increase the percentage of electric and zero- emission vehicles by residents and commuters to 5% by 2025 and 10% by 2035.

Strategies that support this goal:

6.2.A. Continue to support regional EV group-buy programs.

6.2.B. Build public awareness of EV options through communications, RideAndDrive events, and other educational materials.

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Focus Area 6. Transportation and Mobility
Goal 6.2. Increase the percentage of electric and zero -emission vehicles driven by residents and commuters to 5% by 2025 and 10% by 2035.

Action 6.2.A. Continue to support regional EV group-buy programs.

The strategy continues efforts to bring community awareness to electronic vehicle (EV) group-buy programs. Regional group buy program s enable potential electric vehicle buyers the opportunity to purchase EVs at lower costs (through incentives and rebates ).

Peninsula Clean Energy’s recent foray into Electric Vehicle incentives created a clearinghouse for lower -cost electric vehicl es. T heir website highlighted all incentives available to San Mateo County residents (Federal Tax Credit, California Clean Vehicle Rebate, PG&E Clean Fuel Rebate, Clean Cars for All, California Clean Vehicle Assistance Program). Additionally, the annual SunShares program offers discounts and incentives for EV buyers. Supporting these regional efforts with education and marketing materials, including social media and website presence, can help increase EV purchasing in Foster City.

Timeline: Near-Term – current
Budget/Estimated Costs: Minimal funding needed for educational marketing materials to highlight the economic and environmental benefits of EV ownership, the various regional group-buy programs, and the availability of financing options available.

Resources: City Manager and Communications Department Staff will lead this program, connecting with external agencies who promote electric vehicle ownership and EV incentives.

Performance Measures: Number of electric vehicles sold to F oster City residents.

Reduction in Greenhouse Gas Emissions related to VMT.

Expected Outcomes: Electric vehicles emit 25 times fewer emissions than gasoline - powered cars; thus, higher EV ownership equates to a reduction in GHG emissions.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 1 2 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 22 Medium

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Focus Area 6. Transportation and Mobility
Goal 6.2. Increase the percentage of electric and zero-emission vehicles by residents and commuters to 5% by 2025 and 10% by 2035.

Action 6.2.B. Build public awareness of EV options through communications, RideAndDrive events, and other educational materials.

Educating the public about electric vehicle purchasing and financing options removes some of th e barriers to EV ownership. This strategy will operate in tandem with Transportation and Mobility Action 6.2.A: Continue to support regional EV group -buy programs. Any education and marketing materials will connect interested community members to regional group-buy programs to enable “best pricing.” RideAndDrive events, which are often held at community festivals or for employees at large organizations, help motivate individuals to switch to an EV, especially in communities where many individuals have not been exposed to EVs. This action will need creative marketing during the COVID-19 pandemic.

Timeline: Near-Term
Budget/Estimated Costs: Minimal funding is needed for educational marketing materials to highlight EV ownership's economic and environmental benefits. RideAndDrive events can be co-sponsored by Plug In America, which puts on events all over the country.

Resources: City Manager Department Staff will lead this program, conn ecting with external agencies that promote electric vehicle ownership and EV incentives.

Performance Measures: Number of electric vehicles sold to Foster City residents.

Reduction in Greenhouse Gas Emissions.

Expected Outcomes: Electric vehicles emit 25 ti mes fewer emissions than gasoline - powered cars; thus, higher EV ownership equates to a reduction in GHG emissions.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 26 High

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FOCUS AREA 6. TRANSPORTATION AND MOBILITY
Goal 6.3. Increase the percentage of City employees who are regularly using sustainable commute options to 25% by 2025.

Strategies that support this goal:

6.3.A. Explore adding a voluntary pre- tax commuter benefit to the City's flexible spending account options.

6.3.B. Encourage the use of Commute.org's Ride Amigos platform as an incentive program for City Employees.

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Focus Area 6. Transportation and Mobility
Goal 6.3. Increase the percentage of City employees who are regularly using sustainable commute options to 25% by 2025.

Action 6.3.A. Explore adding a voluntary pre -tax commuter benefit to the City's flexible spending account options.

This program starts with a comprehensive employee survey to better understand City Staff's commuter habits. The survey would include significant marketing to employees to boost participation in the survey. Then, if interest exists, explore adding a voluntary pre- tax commuter benefit to the City's flexible spendin g account options. Employees can designate a monthly deduction to be used toward public transportation purchases, including Clipper Cards, shared Uber/Lyft rides, vanpools, and other shared or non-Single Occupancy Vehicle ( SOV) methods of transportation. This program will be paired with the Commute.org Ride Amigos Platforms (Action 6.3.B.) to track usage.

Timeline: Mid-Term
Budget/Estimated Costs: After an extensive employee survey to gauge interest, City Staff would identify the number of interested employees multiplied by the cost of the Council- approved pre-tax commuter benefit costs to reach the total cost of the program.

Funding will come from the General Fund.

Resources: Human Resources Department Staff will explore pre- tax commuter benefits and manage the program.

Performance Measures: Number City employee participants. Number of SOV trips saved.

Expected Outcomes: Encouraging the use of alternative commuting options can cause a reduction of Single Occupancy Vehicle (SOV) Trips and, by extension Greenhouse Gas (GHG) Emissions.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 2 6
Benefit to Cost Ratio 2 2 4 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 21 Medium

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Focus Area 6. Transportation and Mobility
Goal 6.3. Increase the percentage of City employees who are regularly using sustainable commute options to 30% by 2025.

Action 6.3.B. Encourage the use of Commute.org's Ride Amigos platform as an incentive program for City Employees.

This program involves utilizing the Ride Amigos platform, which Commute.org began offering to San Mateo County commuters in 2016 under their STAR Platform. Commuters who register and log alternative transportation (non -SOV) trips can get rewarded. The City of Foster City has offered a link to the platform since 2017. Creating an internal group for staff on the STAR platform will allow City employees to plan and track their trips and get rewarded through commute.org incentives and internal City of Foster City incentives.

Program administrators (City Manager and Human Resources Staff), using the Star Platform, can also track global program usage to gather program metrics.

Timeline: Near Term – current
Budget/Estimated Costs: The Ride Amigos platform is offered free to all local San Mateo County agencies. Funds allocated for this program would be used for incentives and rewards for employees who use non-SOV forms of transportation to commute to and from work.

Resources: City Manager Department Staff will make incentive recommendations, the Communications Department Staff will assist in the development of internal marketing collateral to advertise the commute.org Star Platform, and Human Resources Department Staff will help inform new employees of the program.

Performance Measures: Number of City employee partici pants. Number of SOV trips saved.

Expected Outcomes: Encouraging the use of alternative commuting options can cause a reduction of Single Occupancy Vehicle (SOV) Trips and, by extension Greenhouse Gas (GHG) Emissions.

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 2 6
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 2 2
Total Score 22 Medium

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FOCUS AREA 6. TRANSPORTATION AND MOBILITY
Goal 6.4. Achieve mass transit mode share and/or multi-modal forms of transit, other than single-occupancy-vehicles, by 10% by 2025 and 20% by 2035.

Strategies that support this goal:

6.4.A. Continue implementing initiatives from the 92 Corridor Alliance Work Plan and explore the feasibility of establishing a Transportation Management Association (TMA).

6.4.B. Continue updating and supporting the Connect Foster City commuter portal.

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Focus Area 6. Transportation and Mobility
Goal 6.4. Achieve mass transit mode share and/or multi-modal forms of transit, other than single-occupancy-vehicles, by 10% by 2025 and 20% by 2035.

Action 6.4.A. Continue implementing initiatives from the 92 Corridor Alliance Work Plan and explore the feasibility o f establishing a Transportation Management Association (TMA).

In 2017, City Council approved the 92 Corridor Al liance's creation , a public -private partnership to address commuter transportation challenges. The Alliance works jointly to reduce commute traffic congestion and improve connectivity between multiple transportation modes that intersect Highway 92 between Highway 280 in San Mateo and the Hayward Bart Station. The key objectives include promoting alternative modes of travel (vs. single- occupancy vehicles) , improving mobility through infrastructure and operational adjustments to transportation services, and collaborating on innovative solutions to enhance commuter traffic congestion, including pilot programs. One of those programs is the establishment of a Transportation Management Association (TMA).

Transportation Demand Management (“TDM”) includes promoting the use of non -single occupant vehicle trips, including but not limited to transit, transit benefits, shuttles, carpools, vanpools, bicycling, and incentives/rewards. TDM exists at many companies in Foster City already in various forms; however, a Transportation Management Association could expand the available programs by coordinating and leveraging partnerships between government and employers/organizations (both large and small). While some work has already been completed toward the exploration of the TM A, more work is required.

Timeline: Near to Long Term – current
Budget/Estimated Costs: Monies for the consultant have already been allocated; however, additional funding will be required to implement either 92 Corridor Alliance and/or TMA strategies.

Resources: City Manager Department Staff manages these programs.

Performance Measures: Each program will have individual metrics; however, the reduction of Single Occupancy Vehicle (SOV) Trips ( and by extension Greenhouse Gas Emissions for gas vehicles) are the ultimate goal of any TDM.

Expected Outcomes: A TMA's goal is to reduce congestion using transportation demand management (“TDM”).

Expected Completion Date: Ongoing

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 3 12
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 2 4 Program
Prioritization Benefit to Degree of Risk Ratio 1 2 2
Total Score 29 High

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Focus Area 6. Transportation and Mobility
Goal 6.4. Achieve mass transit mode share and/or multi-modal forms of transit, other than single-occupancy-vehicles, by 10% by 2025 and 20% by 2035.

Action 6.4.B. Continue updating and supporting the Connect Foster City commuter portal.

In 2016, City Council approve d the establishment of the “Connect Foster City” transportation web portal. The Connect Foster City transportation web portal will support the Ride Amigos software platform, licensed and hosted by Commute.org. In addition to planning trips, the portal will promote commuter- focused incentives, as users track their trip choices to see the impact on their costs and local environment, receive rewards, and participate in challenges with fellow residents and employees in the area.

Timeline: Near Term – current
Budget/Estimated Costs: This is a no -cost program, as the website has already been designed and has been successfully running since 2017.

Resources: City Manager Department Staff manages the Connect Foster City commuter portal
Performance Measures: Number of unique visitors to the Connect Foster City commuter portal.

Expected Outcomes: Continuing to offer this tool to Foster City commuters and employers will ultimately help with the goal of increasing the use of alternative transportation, reducing traffic congestion.

Expected Completion Date: Ongoing.

Criteria
Assigned
Weight
Prioritization
Value
Total Score
by Criteria
Mission Critical 4 2 8
Importance and Value to City 3 3 9
Benefit to Cost Ratio 2 3 6 Program
Prioritization Benefit to Degree of Risk Ratio 1 3 3
Total Score 26 High

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APPENDIX A: CONNECTION TO OTHER FOSTER CITY PLANS
There are many plans, elements, ordinances, acts, and codes, both at the local and state level, that affect and complement the Sustainable Foster City Plan past and present.

General Plan

Several sections of the City’s General Plan were initially adopted in February 2016. While the General Plan’s Land Use, Safety, and Conservation Elements cover a wide range of topics, they do not have projects or initiatives with specific work plans. The Sustainable Foster City Plan creates specific actions with indicators that will complement the General Plan.

Local Hazard Mitigation Plan & Safety Element

In 2016, the City Council adopted the Local Hazard Mitigation Plan/Safety Element, which focuses on protecting the community from risks associated with hazards such as earthquakes, floods, fires, hazar dous materials exposures, and other threats. The Local Hazard Mitigation Plan/Safety Element analyzes these hazards and the risks they pose and includes goals and mitigation strategies to establish what measures will be undertaken to reduce these risks to levels determined by the City to be reasonable.

Components of the Local Hazard Mitigation Plan/Safety Element will be incorporated into the Fiscal Year 2020-2021 Sustainable Foster City Plan.

Climate Action Plan

The City Council adopted its first Climate Action Plan (CAP) on February 1, 2016, and the CAP Implementation Work Plan on March 28, 2016. The Climate Action Plan f alls under the sustainability and smart growth goal as part of the Land Use and Circulation Element of the City's General Plan. The CAP provided a set of implementation measures and programs to address climate change through reducing greenhouse gas emissions (GHG) associated with vehicle trips, land use, energy consumption, solid waste, and City operations. The City has monitored the Climate Action Plan’s implementation and updated the City Council's on i ts progress. The Climate Action Plan will be updated by the end of calendar year 2021 to include mitigation and adaptation strategies.

Economic Development Strategic Work Plan

The Economic Development Strategic Work Plan for Fiscal Years 2016 -2017 to 2017-2018 was developed by the City Council Economic Development Subcommittee and City staff working closely with the business community and other stakeholders. The Economic Development Strategic Work Plan was a two -year plan ending on June 30, 2018. Many elements and strategies of the Economic Development Strategic Work Plan will be incorporated into the Plan.

Green Infrastructure Plan
The City of Fos ter City is required, under the current Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (“MRP 2.0”), to adopt a Green Infrastructure Plan that demonstrates how the City will improve storm drainage infrastructure to manage and reduce pollutants in stormwater runoff. The City’s Green 322

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Infrastructure Plan defi nes local Green Infrastructure goals and policies; provides guidance to meet stormwater pollutant load reduction goals; creates a screening process for prioritizing the integration of Green Infrastructure into new projects, including Capital Improvement Pr ogram (CIP) projects; and serves as an implementation guide and reporting tool to provide reasonable assurance that urban runoff Total Maximum Daily Load (TMDL) waste load allocations (WLA) are met for reducing, over the long term, adverse water quality impacts of urban runoff to receiving waters.

Bicycle, Pedestrian, and Intersection Evaluation Study (CIP 301-664) The City Council established a set of priorities that included the development of a Bicycle, Pedestrian, and Intersection Evaluation Study (CIP 301 -664). CIP 301- 664 includes conducting a comprehensive pedestrian, bicycle, vehicular, and intersection evaluation to determ ine the current traffic and transportation facilities and potential for improvements. Bicycle & Pedestrian Improvements Along East Hillsdale Boulevard and Beach Park Boulevard Project (CIP 301- 671) was developed from the study. The project consisted of installing curb ramps, asphalt paving, and restriping, including bike lanes and bike markings called sharrows along the East Hillsdale Boulevard -Beach Park Boulevard corridor starting from the westerly City limit. The City also added Class 2 bike lanes on Edgewater Boulevard between East Hillsdale and Beach Park Boulevard in April/May 2020 as part of CIP 301- 679-LG. The City also added Class 2 bike lanes and Class 3 bike route sharrows on Beach Park Boulevard between Foster City Boulevard and Polaris Avenue in 2017 as part of CIP 301- 663.-VM. Transportation and mobility initiatives incorporated into the Plan will enhance current and planned improvements, including other proj ects implemented from the Bicycle, Pedestrian, and Intersection Evaluation Study.

CONNECTION TO OTHER LEGISLATION, GUIDELINES, OR CITY INITIATIVES California Integrated Waste Management Act of 1989
The California Integrated Waste Management Act of 1989 (AB 939) requires each jurisdiction to divert 50% of its sol id waste from being disposed of in landfills. SB 1016 built on AB 939 to require that a city annually disposes of an amount equal to or less than its "50 percent equivalent per capita disposal target" calculated by CalRecycle. Foster City has achieved compliance by remaining below the calculated per capita disposal target set by the State.

SB 1383

In September 2016, Governor Brown signed into law SB 1383, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of California's economy. SB 1383 builds upon California's leading commitments to reduce greenhouse gas emissions and air pollution statewide. SB 1383 will further support California’s efforts to achieve the statewide 75 percent recycling goal by 2020 established in AB 341 and strengthen the implementation of mandatory commercial organics recycling established in AB 1826. The Plan will support current and future City goals and state mandates related to solid waste diversion.

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Urban Water Management Planning Act (UWMP Act) (California Water Code Sections 10610-10657)
In 1983, the California Legislature enacted the Urban Water Management Planning Act.

The UWMP Act states that every urban water supplier that provides water to 3,000 or more customers or that provides over 3,00 0 acre-feet of water annually should make every effort to ensure the appropriate level of water service reliability to meet the needs of its customers during normal, dry, and multiple dry years. The UWMP Act requires urban water suppliers to update their U rban Water Management Plan (UWMP) for submittal to the Department of Water Resources (DWR) in years ending in five and zero. In 2015, the Estero Municipal Improvement District (EMID) provided water to more than 3,000 customers and is therefore subject to the requirements of the UWMP Act.

2016 California Green Building Standards Code and 2016 California Energy Code

The City has adopted the 2016 California Building Code, which included updated Energy Codes and California Green Building Standards Code and applied to ALL newly constructed residential buildings: low-rise, high-rise, and hotels/motels.

Assembly Bill 32, the California Global Warming Solutions Act of 2006

In September 2006, the California legislature passed Assembly Bill (AB) 32, which set the goal of reducing GHG emissions to 1990 levels by 2020. AB 32 finds and d eclares that “global warming poses a serious threat to economic well -being, public health, natural resources and the environment of California.” The legislation granted the Air Resources Board authority to establish multiple mechanisms (regulatory, reporti ng, voluntary, and market) to achieve quantifiable reductions in GHG emissions to meet the statewide goal.

Executive Order S-3-05

Executive Order S-3-05, enacted in 2005, establ ishes GHG emission reduction targets at 80 percent below 1990 levels by the year 2050 and reinforces the AB 32 reduction of GHG emissions to 1990 levels by 2020. It also created a framework for the State- level coordination and reporting on meeting GHG reduction targets and plans.

Assembly Bill 1493, the Pavley Bill

In 2002, the California legislature enacted Assembly Bill (AB) 1493 (aka “the Pavley Bill”), which directs the Air Resources Board to adopt standards that will achieve "the maximum feasible and cost-effective reduction of greenhouse gas emissions from motor vehicles," taking into account environmental, social, technological, and economic factors. In September 2009, the Air Resources Board adopted rules to reduce GHG emissions in new passenger vehicles from 2009 through 2016.

Senate Bill 375

In September 2008, Senate Bill (SB) 375 was signed into law to provide emissions reduction goals related to vehicle- miles traveled on a regional level. The bill aligned regional transportation planning efforts with regional GHG reduction targets and land use and housing allocations. SB 375 requires metropolitan planning organizations (MPOs) to adopt a sustainable community’s strategy or alternative planning strategy. The Air Resources Board, in consultation with the MPOs, has set a per capita GHG reduction target for 324

DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 73 | PAGE

emissions of passenger cars and light trucks in the San Francisco Bay Area of seven percent below 2005 levels b y 2020 and 15 percent below 2005 levels by 2035. This is a different target compared to the AB 32 reduction target and will be achieved through a combination of State-wide and local actions. California 33 Percent Renewable Portfolio Standard (RPS) was orig inally established by legislation enacted in 2002. Subsequent amendments to the law have resulted in a requirement for California’s electric utilities to have 33 percent of their retail sales sourced from eligible renewable resources in 2020 and all subsequent years. Renewable resources include wind, solar, geothermal, wave, and small hydroelectric power.

Senate
Bill 97
Senate Bill 97, CEQA Guidelines for Ad dressing GHG Emissions California Environmental Quality Act (CEQA) requires public agencies to review proposed projects' environmental impacts, including General Plans, Specific Plans , and certain kinds of development projects. In February 2010, the Califo rnia Office of Administrative Law approved the recommended amendments to the State CEQA Guidelines for addressing GHG emissions. The amendments were developed to guide public agencies regarding the analysis, mitigation, and effects of GHG emissions in draft CEQA documents.

Bay Area Air Quality Management District CEQA Guidelines The Bay Area Air Quality Management District (BAAQMD) encourages local governments to adopt a GHG Reduction Strategy consistent with AB 32 goals. The “qualified” GHG Reduction Strategy may streamline the environmental review of community development projects. According to the BAAQMD, if a project is consistent with a Qualified GHG Reduction Strategy, then it can be presumed that the project will not have significant GHG impacts. This approach is consistent with the following State CEQA Guidelines, Section 15183.5.a: “Lead agencies may analyze and mitigate the significant impacts of greenhouse gas emissions at a programmatic level, such as…a plan to reduce greenhouse gas emissions. Later project-specific environmental documents may tier from and/or incorporate by reference that existing programmatic review. P roject-specific environmental documents may rely on an [Environmental Impact Report] containing a programmatic analysis of greenhouse gas emissions.”

SB 1078

SB 1078 established the California Renewables Portfolio Standard Program (RPS) in 2002, requiring a retail seller of electricity, including electrical corporations, community choice aggregators, and electric service providers, to purchase a specified minimum percentage of electricity generated by eligible renewable energy sources. RPS was accelerated in 2006 under SB 107 by requiring that renewable en ergy sources serve 20 percent of retail electricity sales by 2010.

Executive Order S-13-08

Executive Order S-13-08 convened an independent panel to complete the first California Sea Level Rise Assessment Report by the end of 2010, to provide state-level land use planning guidance in relation to sea-level rise and other climate change impacts.

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AB 1103 and AB 531
AB 1103, signed into law in 2007, required the benchmarking of the energy consumption of certain types of nonresidential buildings in California, using the Environmental Protection Agency’s Portfolio Manager system. It also required the disclosure of the building’s energy usage to potential buyers, lessees, and lenders. After January 1, 2010, AB 531 became law and assigned the implementation of AB 1103 to the California Energy Commission (CEC). The CEC set out a phased implementation of AB 1103 into 2014.

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APPENDIX B: IMPLEMENTATION WORK PLAN

FOCUS

AREA GOALS ACTIONS/STRATEGIES

CRITERIA

SCORE TIMELINE DEPT
FOCUS AREA ONE: COMMUNITY ENGAGEMENT AND CIVIC PARTICIPATION 1.1 Increase transparency and access to City
information for all community members.

1.1.A
Increase the number of City meetings that are
televised and allow for remote participation at
specific community meetings. 25
Mid-
Term Communications

1.1.B
Conduct a broad -based and ongoing public
awareness ca mpaign to share information
about sustainable actions and enlist
community participation in achieving
Sustainable Foster City’s objectives. 30
Near-
Term
City Manager,
Communications,
IT

1.1.C
Identify and digitize key data sets held by the
City to create an organized, robust, and easy-
to-access City Dashboard to utilize open data
and visualizations to inform public dialogue
and policymaking. 21
Long-
Term City Manager, IT

1.2 Encourage an environment that invites
meaningful and relevant dialogue.

1.2.A
Expand outreach to increase the diversity of
members in community leadership roles at the
neighborhood, local, and/or regional level. 28
Near-
Term
City Clerk,
Communications

1.2.B
Provide more engagement avenues through
social media, interactive web spaces, and City
Council e -office hours
to increase
opportunities for the Foster City community to
voice concerns on major decisions that affect
their lives. 22
Near-
Term
Communications,
City Clerk, IT, City
Manager

1.2.C
Highlight City Council decisions and
accomplishments to help the communi ty stay
connected by continuing the Community
Dialogue Series and more accessible City
Council Meeting results. 30
Near-
Term
City Manager, City
Clerk,
Communications,
IT

327

DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 76 | PAGE

FOCUS

AREA GOALS ACTIONS/STRATEGIES

CRITERIA

SCORE TIMELINE DEPT
FOCUS AREA TWO: ENVIRONMENTAL AND PUBLIC HEALTH

2.1 Improve community preparedness and
resiliency, including implementing programs
identified in the Local Hazard Mitigation
Plan / Safety Element.

2.1.A
Continue imp lementing the high priority
mitigation strategies identified in the Local
Hazard Mitigation Plan / Safety Element. 30
Long-
Term
SMC Fire
Department

2.1.B
Work with the San Mateo Consolidated Fire
Department to create a Pre-Disaster Recovery
Plan as ident ified in the Local Hazard
Mitigation Plan. 30
Mid-
Term
SMC Fire
Department

2.2 Periodically update and utilize the City’s
Climate Action Plan (CAP) to identify and
focus efforts on programs that reduce
greenhouse gas emissions (GHG) in the
most cost-effective manner.

2.2.A
Update Climate Action Plan with City Council
adoption in 2021. 30
Near-
Term City Manager

2.3 Increase the use of 100% clean electricity
generation for business and residential
customers to 15% by 2025, 25% by 2030,
and 35% by 2035.

2.3.A
Increase marketing for solar rebate programs
and Peninsula Clean Energy’s ECO100 product
to business and residential customers. 30
Near-
Term
Public Works,
City Manager,
Communications

2.4 Promote active, healthy lifestyles through
events, parks and recreation programs, and
active transportation.

2.4.A
Increase education and marketing of City’s
parks and recreation offerings. 22
Mid-
Term
Parks &
Recreation,
Communications

2.4.B
Create walking guides featuring maps,
suggested routes, di
stances, challenge
ratings, and health benefits. 22
Near-
Term
Communications,
City Manager,
Parks &
Recreation, IT

328

DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 77 | PAGE

FOCUS

AREA GOALS ACTIONS/STRATEGIES

CRITERIA

SCORE TIMELINE DEPT
FOCUS AREA THREE: RESOURCE CONSERVATION

3.1 Generate / source more renewable energy.

3.1.A
Install electricit y storage at City faci lities in
case of an emergency or disaster. 21
Long-
Term
City Manager,
Public Works

3.2 Increase overall waste diversion from
landfills.

3.2.A
Establish a City Green Team and adopt best
practices to increase municipal recycling rates,
energy efficie ncy and water conservation
programs, cut supply costs, reduce overall
municipal waste generation, and vehicle miles
traveled (VMT) reduction alternatives. 23
Near-
Term
City Manager,
Human Resources

3.2.B
Encourage home composting of organic
materials through enhanced public education
about composting methods, options, and
benefits. 24
Mid-
Term
Public Works,
Communications

3.3 Reduce energy consumption at municipal
facilities by 15% by 2025 and an additional
25% by 2035.

3.3.A
Continue implementatio n of Intelligent
Streetlight Pilot Program, installing Verizon
Wireless “Smart Sensors” to existing City LED
streetlights. 24
Mid-
Term Public Works

3.5 Conserve parklands and the City’s open
spaces.

3.5.A Implement the Foster City Parks Master Plan. 30
Mid-
Term
Parks and
Recreation

329

DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 78 | PAGE

FOCUS

AREA GOALS ACTIONS/STRATEGIES

CRITERIA
SCORE TIMELINE DEPT.

FOCUS AREA FOUR: SUSTAINABLE BUILT ENVIRONMENT 4.1
Protect and expand the current stock of
affordable housing stock and provide rental
protections for more Foster City residents.

4.1.A
Help educate Foster City r esidents and
property-owners about AB 1482, which limits
annual rent increases to 5% plus t he rate of
inflation (typically 2% -3%) and requires
landlords to provide a “just cause” for evicting
tenants. 30
Near-
Term
City Manager,
Community
Development,
Communications

4.1.B
Continue the City of Foster City’s employee
rental assistance program. 30
Near-
Term Human Resources

4.2 Create more energy-efficient and sustainable
residential homes.

4.2.A
Encourage and help facilitate residential
energy efficien cy upgrades by marketing the
PACE program and Energy Upgrade California. 26
Near-
Term
City Manager,
Communications

4.3 Encourage up to 50 residential energy-
efficient lighting retrofits and/or home
energy audits to promote energy
conservation and reduce GHG emissions.

4.3.A
Work with the County of San Mateo Check -It-
Out Home Energy and Water Saving Toolkit
and BAYREN’s Energy Efficiency Upgrades for
Property Owners programs to help residents
create energy-efficient home improvements 26
Mid-
Term
City Manager,
Communications

330

DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 79 | PAGE

FOCUS

AREA GOAL ACTIONS/STRATEGIES

CRITERIA
SCORE TIMELINE DEPT.

FOCUS AREA FIVE: SUSTAINABLE LOCAL ECONOMY

5.1 Recruit and secure new businesses and
continue local business promotion, increasing
sales tax revenues by 2% annually over each
prior year.

5.1.A
Continue the Economic Incentive Program (EIP)
to attract and retain businesses in Foster City. 30
Near-
Term
City Manager,
Community
Development

5.1.B
Continue the “Get It Here: Support Local Foster
City” brand awareness campaign. 28
Near-
Term City Manager

5.1.C
Continue the “Get It Here: Support Local Foster
City” Rewards App. 28
Near-
Term City Manager

5.1.D
Create a business -to-business e-platform to
connect individual businesses in Foster City,
allowing them to partner and grow their
businesses. 30
Mid-
Term IT, City Manager

5.1.E
Continue the Business Spotlight Program,
which recognizes Foster City businesses for
their contributions to the City. 30
Near-
Term
City Manager,
Communications

5.2 Foster a strong, sustainable local economy
and business climate through improved
business customer service and
communication.

5.2.A
Continue the City’s Business Ombudsman
Program, which serves as a liaison between the
City and the business community. 30
Near-
Term City Manager

5.2.B
Continue the City’s Business communication
initiatives, including, but not limited to,
Roundtable events, the Visitation Program, and
the Business e-Newsletter. 30
Near-
Term
City Manager,
Communication

5.3 Facilitate public-private partnerships to
leverage private investment, with every
dollar of public funding leveraged by two
private investment dollars.

5.3.A
Continue offering the Commercial Façade
Improvement Program. 28
Near-
Term
Community
Development, City
Manager

331

DRAFT SUSTAINABLE FOSTER CITY PLAN – OCTOBER 2020 80 | PAGE

FOCUS

AREA GOALS ACTIONS/STRATEGIES

CRITERIA
SCORE TIMELINE DEPT.

FOCUS AREA SIX: TRANSPORTATION AND MOBILITY

6.1 Install more EV charging stations and
encourage installation on privately owned
land.

6.1.A
Evaluate programs to expand EV charger
deployment on private property, including
rebates and financing options. 24
Near-
Term
Public Works,
Community
Development

6.2 Increase the percentage of electric and zero
emissions vehicles by residents and
commuters to 5% by 2025 and 10% by 2035.

6.2.A
Continue to support regional EV group -buy
programs. 22
Near-
Term
City Manager,
Communications

6.2.B
Build public awareness of EV options thr ough
communications, RideAndDrive events, and
other educational materials. 26
Near-
Term City Manager

6.3 Increase the percentage of City employees
who are regularly using sustainable
commute options to 25% by 2025.

6.3.A
Explore adding a voluntary p re-tax commuter
benefit to the City's flexible spending account
options. 21
Mid-
Term Human Resources

6.3.B
Encourage the use of Commute.org's Ride
Amigos platform as an incentive program for
City Employees. 22
Near-
Term
City Manager,
Communications,
Human Resources

6.4 Achieve mass transit mode share and/or
multi-modal forms of transit, other than
single-occupancy-vehicles, by 10% by 2025
and 20% by 2035.

6.4.A
Continue implementing initiatives from the 92
Corridor Alliance Work Plan and explore th e
feasibility of establishing a Transportation
Management Association (TMA). 29
Near-
Term
Long-
Term City Manager

6.4.B
Continue updating and supporting the Connect
Foster City commuter portal. 26
Near-
Term City Manager

332
DATE: April 18, 2022

TO: Mayor and Members of the City Council

VIA: Edmund Suen, Interim City Manager

FROM: Marlene Subhashini, Community Development Director Leslie Carmichael, Consulting Planner

SUBJECT: WORKFORCE HOUSING APARTMENTS (501 PILGRIM DRIVE)

RECOMMENDATION

That the City Council adopt the attached Resolution (Attachment 1) to:

1. Acknowledge that a HIP Housing Affordable Ventures (HHAV) employee will occupy one (1) of the eight (8) Workforce housing units, consistent with State requirements for an on-site management employee;

2. For the seven (7) remaining Workforce housing units, direct staff to set the rents as affordable to low-income households, while acknowledging that these units are not restricted to occupancy by low income households pursuant to the Affordable Housing Regulatory Agreement;

3. Align the application of preference categories for the two (2) fully accessible Workforce housing units with a new preference category of “persons with mobility-related disabilities” as the first preference category for those two (2) Workforce housing units, only, followed by the other preference categories as previously approved for the Workforce housing units;

4. Direct HHAV to advertise the availability of applications for the Workforce housing units, to create a separate waitlist application and lottery process for the seven (7) Workforce housing units using 333
the preference categories, as modified herein, for the Workforce housing units and invite those who applied for the BMR unit waitlist to apply;

5. Approve the amended budget, attached as Exhibit A to the enclosed Resolution (Attachment 1), including the revised projected income based on the rents approved pursuant to the Resolution; and

6. Direct staff to allocate the net income from the Workforce Housing Apartments (“Workforce Housing Project”) to one or a combination of Capital Asset and Acquisition Replacement Fund (CAARF), General Fund, the City Affordable Housing Fund, and/or some other fund.

EXECUTIVE SUMMARY

The Workforce Housing project includes twenty-two (22) apartment units being developed as part of the Pilgrim Triton Phase C (Laguna Vista) project that will be owned by the City. The City Council approved the purchase of the Workforce Housing Project with the adoption of Resolution 2019-72 on July 1, 2019. The twenty-two (22) units include fourteen (14) BMR units with restricted rents and restricted incomes and eight (8) Workforce units with restricted rents but not restricted incomes.

The purpose of this staff report is to seek City Council direction/action to:

1. Acknowledge that a HIP Housing Affordable Ventures (HHAV) employee will occupy one (1) of the eight (8) Workforce housing units, consistent with State requirements for an on-site management employee;

2. For the seven (7) remaining Workforce housing units, direct staff to set the rents as affordable to low-income households, while acknowledging that these units are not restricted to occupancy by low income households pursuant to the Affordable Housing Regulatory Agreement.

3. Align the application of preference categories for the two (2) fully accessible Workforce housing units with a new preference category of “persons with mobility-related disabilities” as the first preference category for those two (2) Workforce housing units, only, followed by the other preference categories as previously approved for the Workforce housing units.

4. Direct HHAV to advertise the availability of applications for the Workforce housing units, to create a separate waitlist application and lottery process for the seven (7) Workforce housing units using the 334
preference categories, as modified herein, for the Workforce housing units, and invite those who applied for the BMR unit waitlist to apply; and

5. Approve the amended budget, attached as Exhibit A (Attachment 2) to the enclosed Resolution (Attachment 1), including the revised projected income based on the rents approved pursuant to the Resolution;

6. Direct staff to allocate the net income from the Workforce Housing Project to one or a combination of Capital Asset and Acquisition Replacement Fund (CAARF), General Fund, the City Affordable Housing Fund, and/or some other fund.

BACKGROUND

The Workforce Housing Apartments are currently under construction by SummerHill Homes as part of the Pilgrim Triton Phase C (Laguna Vista) project. The City has exercised its option to purchase the Workforce Housing Project pursuant to the Purchase Agreement executed in July 2021. For additional background, please see the City Council Staff Report dated March 7, 2022 (Attachment 5)

The City Council provided direction in Resolution No. 2022-22 (Attachment 4) adopted on March 7, 2022 to:

1. Redesignate five (5) one-bedroom moderate-income BMR units to two (2) very low-income BMR units and three (3) low-income BMR units; and

2. Use funds from the CAARF to complete the purchase of the Workforce Housing Apartments approved by Resolution No. 2019-

72. At the March 7, 2022, the City Council requested that Staff conduct additional outreach to Foster City employees to determine potential interest in the eight (8) Workforce housing units and provide that information to the City Council prior to further consideration of adjustments in the affordability levels for those units.

Following the March 7, 2022, City Council meeting, after further consideration, the Police Department has withdrawn their request to reserve one of the units for Police Department use.
335
Workforce Housing Apartments Unit Mix

The Pilgrim Triton Phase C Development Agreement included two (2) categories of units in the building: 1) 14 traditional BMR units in very low-, low-, and moderate-income categories; and 2) Eight (8) Workforce units with maximum rents calculated at amounts affordable to households at 130% of Area Median Income (AMI). On March 7, 2022, the City Council approved an adjustment in the BMR unit mix to change the five (5) one-bedroom moderate-income units to more very low- and low-income units, due to the lack of applications for these units.

Table 1 includes the approved unit mix with the adjustments made on March 7, 2022.

Preference Categories

A different set of preference categories were established by the City Council for the BMR units and the Workforce units by Minute Order 1543 and are contained in the Affordable Housing Regulatory Agreement.

The preference categories established for the fourteen (14) BMR units are as follows:

1. Income qualified employees of the City of Foster City (Disaster Service Workers)

2. Income qualified classroom teachers employed by SMFC School District, SMUHSD or the San Mateo Community College District

3. Income qualified persons who live and work in Foster City

4. Income qualified persons who live in Foster City

5. Income qualified persons who work in Foster City

6. All others who are income qualified
336
The preference categories established for the eight (8) Workforce Units are as follows:

1. Persons who work for the Foster City Police Department, City of Foster City Fire Department (now SMC Fire) or are otherwise considered by the City of Foster City to be a first responder to emergencies

2. Employees of the City of Foster City (Disaster Service Workers)

3. Classroom teachers employed by SMFC School District, SMUHSD or the San Mateo Community College District

4. Persons who live and work in Foster City

5. Persons who live in Foster City

6. Persons who work in Foster City

7. All others who are income qualified

ANALYSIS

Additional Outreach to City Employees

HHAV and City staff circulated a survey to City employees to ascertain interest in the Workforce Units, including an invitation to indicate if the proposed rents were a deterrent. The survey was recirculated following the March 7, 2022 City Council meeting. The survey results indicate:
No additional interest from employees for Workforce housing units beyond the original lottery. Only two employees responded to the survey and both had also applied in the original lottery for BMR units. One comment received with the survey noted that their household income is not high enough to support the rental rates listed. This person requested to stay on the interest list for opportunities for very low or low income units at this property.

Workforce Housing Apartments Unit Mix and Rent Amounts

HHAV On-Site Employee Unit. The California Code of Regulations, Title 25, Section 42 requires an on-site property management employee for apartment developments of sixteen (16) or more units. One HHAV employee will live on- site in one of the one-bedroom with den units. This employee qualifies as a very low-income household, as noted in Table 2. A further discount to the rent amount is part of this employee’s compensation.

Two Fully Accessible Units. Two of the ground floor Workforce housing units, 337
a one-bedroom unit and a two-bedroom unit, are fully accessible and suitable for households with wheelchair users or other mobility limitations. Public comments related to the update of the Housing Element have noted the shortage of affordable accessible units. Staff recommends that the preference categories for these two units be adjusted to have people with mobility-related disabilities have the highest preference, followed by the other previously approved preference categories.

Recommended Adjustments in Unit Mix. Based on the factors discussed in the City Council Staff Report dated March 7, 2022, including the low level of interest received at the advertised moderate rents, difficulty of filling moderate-income units (particularly the one-bedroom moderate units), potential cost of unit vacancies, and the substantially greater demand for very low- and low-income units, HHAV and City staff recommend the following changes to the unit mix:
Redesignate one (1) one-bedroom plus den Workforce housing unit to very low income rent to serve as the onsite manager’s unit; Redesignate all remaining Workforce housing units to low income rent levels. These units would not be income-restricted; and Align the application of preference categories for the two (2) fully accessible Workforce housing units with a new preference category of “persons with mobility-related disabilities” as the first preference category for those two (2) Workforce housing units, only, followed by the other preference categories as previously approved for the Workforce housing units.

Table 2 shows the recommended unit mix with the adjustments to the BMR units and the Workforce units.

338
Rent Amounts. The Affordable Housing Regulatory Agreement establishes maximum allowable rents. (See Table 5). Given the current market conditions, rents had previously been recommended that are less than the maximum allowable rents, which otherwise would be higher than market rents. (See Table 3). Based on HHAV’s experience in screening applicants for the BMR units and the survey results from City employees, HHAV and City staff recommend some additional reductions in the very low- and low- income rents. (See Table 4). These reductions, reflected in Table 4, should make the development more attractive to applicants, given that other nearby units in the same price range have more amenities. Further, it is believed these reductions in rents will facilitate the City’s goal of having first responders, City employees, and teachers, be able to live in the community where they work.

Due to market forces over the past two years, vacancy rates across San Mateo County have increased for market rate units, resulting in landlords lowering market rate rents or not raising rental rates. The subsequent impact on the affordable housing market has been similar, with property owners offering move-in incentives and needing to advertise more extensively to attract qualified applicants, as well as lowering and/or not raising rents. The recommended rental rates set forth in Table 4 reflect the current mix of applications and current market conditions.

Due to fluctuations in the market, annual income and rent limit adjustments, rents are likely to change annually. Because the amounts of the initial rents are necessary to be able to estimate the net revenue, this information has been provided to the City Council. Going forward, rents will be adjusted by HHAV each year in consultation with City staff, as is typical for BMR units, without requiring City Council approval.

339

Maximum rent calculations use a 2 persons per household assumption for 1- bedroom and 1-bedroom plus den and 3 persons per household for a 2- bedroom, as has been the City’s practice following the standards set in California Health and Safety Code Section 50052.5 and as called out in the Affordable Housing Regulatory Agreement for the Workforce Housing. Many other BMR developments in San Mateo County use lower assumptions of persons per household required by the California Tax Credit Allocation Committee (TCAC) guidelines of 1.5 persons per bedroom. As a result, the maximum chargeable rents for the BMR units under the City’s methodology are higher than many BMR residential complexes of similar size and amenity offerings elsewhere in the County. Therefore, the rents set forth in Table 4 are recommended to accommodate current market conditions and to reduce initial vacancies.

Financial Impact Resulting from Redesignation of Units. The annual financial impact resulting from the recommended re-designation of Workforce housing units results is an annual reduction of rent revenue of approximately $97,935 per year and when factoring in all other income and expenses, a reduction of $97,735 in net income. Table 6 provides a summary of the income, expenditures and net income for the unit mix approved on March 7, 2022 (detail provided in Attachment 3, Budget #1) compared to the same information for the recommended unit mix (detail provided in Attachment 2, Exhibit A-Budget #2).

While the reduction of $97,735 may appear significant, the potential loss of 340
revenue for vacant units could be up to $255,600 per year for the seven (7) Workforce housing units. The cost of an unoccupied moderate-income unit ranges from $33,500 per year for a one-bedroom unit to $39,600 per year for a two-bedroom unit. Given the high demand for very low- and low-income units and the risk of long-term vacancies of the moderate and Workforce housing units, the recommendation to lower the Workforce housing unit rents as affordable to low-income households to meet current demand is fiscally prudent and in the best interest of the Foster City community.

The estimated net income from the unit mix approved on March 7, 2022 and the recommended unit designations are shown in Table 6. Staff recommends that the budget approved on March 7, 2022 be revised as shown in Attachment 2, Exhibit A-Budget #2.

Use of Net Income: CAARF, General Fund, and/or City Affordable Housing Fund

The projected budget with the adjusted unit mix includes an estimated annual net income of $392,790 once the building is fully occupied. This may vary from year to year depending on vacancies (the budget includes a typical vacancy rate of 5% in the first year and 3% in subsequent years which equates to one (1) unit being vacant), changes in rent, unforeseen costs, reserve expenses, etc.

Staff is requesting direction on how the City Council would like to allocate the net revenue generated from the project. These options were discussed briefly at the City Council meeting on March 7, 2022 with the additional option of allocating some or all of the net income to the General Fund. This is a policy decision of the City Council. Staff has provided a summary of options with comments in Table 7.
341

FISCAL IMPACT

The operation of the Workforce Housing Project will provide a positive cash flow that can be used for a variety of purposes, including repayment of all or part of the amount allocated from the CAARF to acquire the Workforce Housing Project, deposit to the Affordable Housing Fund, the General Fund, 342
and/or other City initiatives/purposes.

CITY COUNCIL VISION, MISSION AND VALUE/PRIORITY AREA

The creation and acquisition of the Workforce Housing Project is in alignment with the City Council’s Vision and Mission to create a more sustainable and equitable Foster City by expanding the availability of affordable housing. The Workforce Housing Project also relates to several of the City Council’s Priority Areas. One of the purposes of the Workforce Housing Project, as reflected in the preference categories for tenants, is to enable first responders and disaster service workers to live in Foster City so that they are more likely to be available in an emergency. The provision of affordable housing is aligned with the Value/Priority Area for “Smart Planning, Development, and the Local Economy” as a way to increase housing opportunities for all economic segments of the community.

Attachments:
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Draft Budget #2 with unit mix as recommended on April 18, 2022
Attachment 3 - Draft Budget #1 with unit mix as approved on March 7, 2022
Attachment 4 - City Resolution No. 2022-22
Attachment 5 - City Council Staff Report dated March 7, 2022 343
RESOLUTION NO.____________

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

DIRECTION REGARDING OPERATIONAL ASPECTS OF THE WORKFORCE

HOUSING PROJECT AND APPROVING AMENDED REVENUES AND
EXPENDITURES BUDGET FOR THE REMAINDER OF FY 2021-2022 FOR THE WORKFORCE HOUSING FUND (FUND 139)

CITY OF FOSTER CITY
WHEREAS, the Development Agreement between the City of Foster City and Pilgrim Triton Phase III FC, LP, dated October 31, 2018, includes provisions for the development by Pilgrim Triton Phase III FC, LP consisting of twenty-two (22) rental housing units with affordability restrictions at various affordable rents (“Workforce Housing Project”), and also provides the City the option to purchase the Workforce Housing Project; and
WHEREAS, the City Council adopted Resolution No. 2019-72 at its July 1, 2019 regular meeting, exercising its option to purchase the Workforce Housing Project; and WHEREAS, the Affordable Housing Regulatory Agreement for the Workforce Housing Project recorded on January 15, 2021, requires the 22 units to be made available at rents affordable to households of very low-, low-, moderate-, and 130% of Area Median Income; and
WHEREAS, on March 7, 2022, the City Council adopted Resolution No. 2022-22 to approve a revenue and expenditure budget for the remainder of FY 2021-22 and authorized the Finance Director to make the corresponding budget appropriations in the Workforce Housing Fund 139; now, therefore, be it
RESOLVED, that the City Council of the City of Foster City does hereby direct that City staff implement the following measures with respect to the Workforce Housing Project:

1. Acknowledge that a HIP Housing Affordable Ventures (HHAV) employee will occupy one (1) of the eight (8) Workforce housing units, consistent with State requirements for an on-site management employee;

2. For the seven (7) remaining Workforce housing units, set the rents as affordable to low-income households, while acknowledging that these units are not restricted to occupancy by low income households pursuant to the Affordable Housing Regulatory Agreement.

3. Align the application of preference categories for the two (2) fully accessible Workforce housing units with a new preference category of “persons with mobility- related disabilities” as the first preference category for those two (2) Workforce units, only, followed by the other preference categories as previously approved for 344
the Workforce housing units.

4. Direct HHAV to advertise the availability of applications for the Workforce housing units, to create a separate waitlist application and lottery process for the seven (7) Workforce housing units using the preference categories, as modified herein, for the Workforce units and invite those who applied for the BMR unit waitlist to apply; and

5. Direct staff to allocate the net income from the Workforce Project to one or a combination of Capital Asset and Acquisition Replacement Fund (CAARF), General Fund, the City Affordable Housing Fund, and/or some other fund; and, be it
FURTHER RESOLVED, that the City Council of the City of Foster City does hereby approve an amendment to the revenue and expenditure budget for the remainder of FY 2021-2022 and authorize the Finance Director to make the corresponding budget appropriations in the Workforce Housing Fund 139, as attached in Exhibit A.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
345
Draft 5-Year Operating Budget 2021-2026
501 Pilgrim Drive, Foster City
Line
Item
Account Description 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2021-2027 Total
Comments/Assumptions/Source of Data
First fiscal year is for May, June only for 2022 (.167) 1 Rent Revenue - Gross Potential 104,200$ 623,952$ 642,671$ 661,951$ 681,809$ 702,263$ 3,416,846$ See Rent Schedule sheet; 3% increase per year. Incorporates redesignations for 5 moderate one-bedrooms to low and very low income (2 very low and 3 low) and recommended redesignation of workforce units to low income. Rent schedule is from City with HHAV input.
2 Tenant Assistance Payments -$ -$ -$ -$ -$ -$ -$ No rental assistance. 3 Management unit 3,206$ 19,200$ 19,776$ 20,369$ 20,980$ 21,610$ 105,142$ Does not include rent reduction for onsite unit - see administrative expenses for discount. Assumes manager unit will be occupied in May.
4 Total 107,406$ 643,152$ 662,447$ 682,320$ 702,790$ 723,873$ 3,521,988$ Vacany
5 Vacancy (5,210.00)$ (18,719)$ (19,280)$ (19,859)$ (20,454)$ (21,068)$ (104,589)$ Assumes 5% vacancy rate in year one; 3% in subsequent years; excludes management unit.
6 Total (5,210)$ (18,719)$ (19,280)$ (19,859)$ (20,454)$ (21,068)$ (104,589)$ Other Revenue
7 Tenant Charges - Late Fees 60$ 720$ 720$ 720$ 720$ 720$ 3,660$ Late fees; assumes $30 late fee for 10%, or 2 units, per month; no increase in fee over 5 years. Estimated by HHAV. First fisca year assumes two late fees in June only.
8 Tenant Charges - Additional or
Replacement Key Fobs; Cardkeys
1,200$ 200$ 200$ 200$ 200$ 200$ 2,200$ 2 cardkeys/fobs included for each unit; additionals cost $100; replacement of lost keycard or fob is $100. Assumes 44 included; 10 additional; 2 replacement per year.Estimated by HHAV. 9 Tenant Charges -
Cleaning/Damage/Repair to Units
-$ 500$ 515$ 530$ 546$ 563$ 2,655$ Tenant damages; nominal amount per year; 3% increase; $0 in first fiscal year. Estimated by HHAV.
10 Credit Reporting Fees 1,680$ 70$ 70$ 70$ 70$ 70$ 2,030$ Assumes total adult occupancy of property of 48 adults @ $35 per application for lease up; assumes 2 applications each year thereafter.Estimated by HHAV.
11 Tenant Utility Charges through Ratio
Utility Billing System (RUBS)
14,304$ 60,816$ 62,640$ 64,520$ 66,455$ 68,449$ 337,184$ For water, gas, trash; see Expenses below for each line item. 12 Interest earned 3$ 42$ 65$ 88$ 112$ 159$ 469$ Reserve accounts interest @ .1%. See Reserve Analysis. City proforma used 2%; HHAV recommends .1% to be conservative.

Estimated by HHAV.
13 Interest earned on deposits 100$ 601$ 619$ 637$ 657$ 676$ 3,290$ Per City's proforma. These values were not estimated by HHAV. 14 Total 17,348$ 62,949$ 64,829$ 66,766$ 68,760$ 70,837$ 351,489$ 15 Gross Margin 119,544$ 687,382$ 707,995$ 729,227$ 751,096$ 773,643$ 3,768,887$

2. City Council Approved Changes 3/7/2022 PLUS RECOMMENDED REDESIGNATION OF WORKFORCE UNITS Color Code: Blue = Revenue; Orange = Expense; Pink = from City Proforma or data provided by City Rental Revenue - with Recommended Revisions to Affordability Designations for 7 workforce and 5 moderate units

REVENUE - WITH RECOMMENDED REVISIONS
1 of 4
Attachment 2
346
Draft 5-Year Operating Budget 2021-2026
501 Pilgrim Drive, Foster City
Line
Item
Account Description 2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 2021-2027 Total
Comments/Assumptions/Source of Data

2. City Council Approved Changes 3/7/2022 PLUS RECOMMENDED REDESIGNATION OF WORKFORCE UNITS Color Code: Blue = Revenue; Orange = Expense; Pink = from City Proforma or data provided by City

REVENUE - WITH RECOMMENDED REVISIONS

EXPENSE
HHAV Management Fees (paid by City of Foster City to HHAV per contract 16 HHAV Lease-up fees 10,500$ 1,000$ 1,000$ 1,000$ 1,000$ 1,000$ 15,500$ Leasing fee for move-ins @$500 per move in; 21 units; assumes 2 move ins/turnovers in subsequent years; per contract between City and HHAV.
17 HHAV Unit Set up fee (one time) 2,100$ -$ -$ -$ -$ 2,100$ $100 per unit, except manager's unit; one time fee; per contract between City and HHAV.
18 HHAV Management Fees 11,340$ 22,680$ 24,473$ 25,207$ 25,963$ 26,742$ 136,405$ $90 per door per month, except for manager's unit; January through June in FY 21-22. Per contract between City and HHAV. 19 Total 23,940$ 23,680$ 25,473$ 26,207$ 26,963$ 27,742$ 154,005$ City Administrative Expenses First fiscal year is for May and June only 20 Miscellaneous Admin. Epenses 84$ 500$ 515$ 530$ 546$ 563$ 2,738$ Placeholder estimate only. Amount to be determined by City of Foster City if applicable. Estimated by HHAV.
21 City Staff Salaries and Benefits 3,266$ 12,782$ 13,165$ 13,560$ 13,967$ 14,386$ 71,128$ See Foster City Employee Costs Sheet. Not estimated by HHAV. 22 Manager's Unit Rent Discount (1,657)$ (9,924)$ (10,222)$ (10,528)$ (10,844)$ (11,170)$ (54,345)$ Rent discount; 3% increase per year - see Rent Schedule 23 Total 1,692$ 3,358$ 3,459$ 3,563$ 3,669$ 3,780$ 19,520$ Property Utility Expenses - paid by City to Utility Provider First fiscal year is for April, May, June only for 2022 (.25) 24 Common Area Electricity 4,500$ 18,000$ 18,900$ 19,845$ 20,837$ 21,879$ 103,961$ Common areas only; 5% increase per year; tenants have their own meters; not billed to tenants through RUBS. Assumption is $1500 per month for FY 2022-2023. Review after 3 months of actuals.

Estimated by HHAV.
25 Gas - water heating only 672$ 2,688$ 2,769$ 2,852$ 2,937$ 3,025$ 14,943$ 9 one-beds; 4 1-bed plus den (treated as 2-bed); 9 2-beds: $9 for 1- bed; $11 for 2-beds; 3% increase per year; recaptured through RUBS. Amounts are based on 2021 Utility Allowance Schedule.

Reviewafter 3 months of actuals.
26 Water - landscaping common area
plus tenant usage
11,850$ 51,000$ 52,530$ 54,106$ 55,729$ 57,401$ 282,616$ Estimated at $125 per unit per month recaptured through RUBS (includes washer use); 3% increase in subsequent years; recaptured through RUBS; common area: $1500 per month; 3% increase per year. Review in July 2022 after 3 months of actuals.

Landscaping is not billed to tenants through RUBS.
27 Trash Removal 1,782$ 7,128$ 7,342$ 7,562$ 7,789$ 8,023$ 39,626$ $27 per unit per month recaptured through RUBS; 3% increase in subsequent years; recaptured through RUBS; common area: $1000 per month; 3% increase per year. Amount is from 2021 UA Schedule. Review after 3 months of actuals.