Foster City City Council
June 6, 2022

REQUEST FOR PROPOSAL

PROFESSIONAL DESIGN SERVICES FOR EMERGENCY GENERATOR
REPLACEMENTS FY2021-2022 (CIP 455-705)

SECTION I. INTRODUCTION

The Estero Municipal Improvement District ( EMID) is seeking a qualified consulting firm to provide design services for Emergency Generator Replacements FY2021- 2022 (CIP 455-705) project . To that end, the EMID invites qualified consulting firms to submit proposals.

Consultants shall examine all information in this Request for Proposal (RFP), including the attachments.

The deadline for submitting questions about the proposal is Thursday, June 23, 2022, at 5:00 pm. The EMID will consider proposals received on or before the proposal submittal deadline of Tuesday, June 28, 2022, at 2:00 pm.

SECTION II. GENERAL INFORMATION

Consultant shall provide a proposal for professional design services for Emergency Generator Replacements FY2021-2022 (CIP 455-705) project as described below.

EMID is searching for consultant with extensive experience in designing emergency generators. The project addresses the replacement of emergency generators and automatic transfer switches located at three of the District’s wastewater lift stations which are at the end of their useful life. An emergency generator powers lift stations when power from Pacific Gas and Electric Company ( PG&E) is interrupted or shut down. The automatic transfer switch senses when PG&E power is interrupted and causes the emergency generator to turn on. Without emergency generators, in the event of a power outage, lifts stations could fill with sewage and possibly overflow. This project addresses replacing the emergency generator s and automatic transfer switch es at Lift Stations 29 and 59 and the emergency generator only at Lift Station 22. Staff anticipates requesting approval for the award of the agreement for professional design services for CIP 455-705 from the City Council on June 6, 2022.

Consultants shall bear all costs and assume all liability associated with developing and/or submitting proposals. EMID shall bear no costs and/or assume no liability for developing and/or submitting proposals.

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SECTION III. PROPOSAL REQUIREMENTS

To demonstrate the qualifications and experience necessary to perform the professional emergency generator design services for the project, as described in Attachm ent A , Draft Scope of Services, Consultant shall submit a proposal that includes the information described in this section.

If Consultants have questions regarding the request for proposal, submit questions to the Public Works Director, Mr. Louis Sun, at [email protected] on or before June 23, 2022,
at 5:00 pm.

The proposal shall be comprised of two (2) parts:
• Part 1 is comprised of three (3) copies of a bound and tabbed document containing sections A, B, C, D, E, F, G and H described below.
• Part 2 is one (1) copy of section I submitted in a sealed envelope.

The proposal shall be concise and address qualifications and experience. Consultant shall not include superfluous information or analytical work that would otherwise be performed during the course of work in the proposal. The body of the proposal, excluding appendices, shall not exceed 15 pages. As an appendix, provide resumes for the proposed team members. Proposals should be bound with tabs identifying each section herein specified.

PART 1

A. Cover Letter

Consultant shall provide a cover letter. The person who signs the cover letter shall be authorized to contractually bind the Consultant . The cover letter shall include the following:

1) A statement that all the information in the Request for Proposal was examined.
2) A statement that the proposal is binding for a 90-calendar day period. 3) T he name, title, address, email, and telephone number of the individual to whom correspondence and other communications should be directed during the consultant selection process.
4) T he name, title, address, email, and telephone number of the individual who will negotiate the consulting agreement with EMID, if selected, and is authorized to contractually bind the firm.

B. Executive Summary

Consultant shall provide an executive summary. The executive summary shall include a statement that Consultant reviewed the draft scope of services and is able to provide the required professional services. The summary shall briefly 274
Request for Proposal

summarize those Consultant qualifications and experience, contained in the proposal, which best highlight its ability to successfully deliver the work.

C. Project Approach

A summary presentation of the proposed approach for performing the services, describing how the firm would be organized and an approach structured to ensure:

1) Clearly specifying the scope of work; not to exceed amount; and schedule for the work that will be included in the contract for professional engineering services.
2) Monitoring and controlling the scope of work, communicating potential scope of work changes prior to performing that work, and managing the change in scope of work.
3) Monitoring and controlling costs of professional emergency generator design services to ensure the services are performed within the negotiated not-to-exceed amount.
4) Monitoring the schedule and ensuring deliverables are completed on or before schedule milestones.
5) Monitoring the progress of the work to ensure that each submittal is complete and has been adequately reviewed prior to submitting deliverables.
6) Monitoring the quality of consultant’s deliverables to reduce the amount of District resources required to review the submittal.
7) Responsiveness to EMID Staff.
8) Facilitating communications.
9) No substituting of staff listed in the proposal and adding staff not listed in the proposal.

D. P roposal Schedule

The purpose of the proposal schedule is to ensure Consultant is capable of completing work in a timely manner and within the timeframe necessary for EMID equipment replacement and to ensure that labor projections are consistent with the proposal schedule.

Consultant shall prepare a schedule for the work described in Attachment A, Draft Scope of Services and shall show the key activities, their start dates, and end dates. The schedule should include a milestone for each Authorization to Proceed and each submittal identified in Attachment A , Draft Scope of Service. The durations required to reach milestones shown in the schedule will be incorporated into Tasks 1 and 2 of Scope of Services for the Professional Services Agreement.

The proposal schedule shall have sufficient detail to demonstrate the ability to achieve the above goals. EMID will request additional detail from the highest ranked consultant which will be incorporated into the Professional Services 275
Request for Proposal

Agreement.

Consultant shall use July 2022 as the start date for the schedule.

E. Labor Projections

Consultant shall provide a schedule of hourly rates and an estimate of the number of hours by staff type to complete the work described in Attachment A , Draft Scope of Service that is consistent with the schedule created as part of Section D above. Provide descriptions of assumptions made in developing the labor hours.

F. Consultant Information

Consultant shall provide the following information for it and each of its sub- consultants, if any:

1) Legal name of firm.
2) Type of organization (partnership, corporation, etc.) and where incorporated, if applicable.
3) Firm’s Officers.
4) Date firm was established.
5) Address of firm’s headquarters.
6) Current number of people employed by the firm.
7) Name of consultant’s parent company, if any.
8) Name of c onsultant’s subsidiaries, wholly owned or fractionally owned, if any.
9) List of companies associated with the consultant whose work on the design or construction of the projects may potentially give rise to a conflict of interest, if any.
10) List of contracts terminated for convenience or default within the past three (3) years, if any. Include contract value, description of work, client's name and telephone number.

G. Consultant Experience and References

Consultant shall provide for it and each of its sub- consultants, if any, details of its experience working on similar projects over the last five (5) years.

Consultant shall provide for it and each of its sub-consultants, if any, details of not less than three (3) similar projects and the details shall include the following:

1) Project name.
2) Project Owner and contact information.
3) Project description including total project cost and location. 4) Description of the consultant’s role (Prime Consultant or sub-consultant to Prime Consultant’s Name).
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5) Description of professional property interest acquisition service provided. 6) Cost Control for professional property interest acquisition services:

Describe the original and final contract amount and reasons for differences, if any.
7) Schedule Control for professional property interest acquisition services Contract: Original start date, actual start date, original end date, actual end date, description of reasons for differences. For dates, provide month and year.
8) Project Manager and other key personnel involved.
9) Sub-consultants on the proposed team that worked on the project, if any. 10) Contact information for the project owner.

If Consultant has a standard resume for projects, Consultant may provide the standard resumes with supplemental project information on a separate sheet.

Providing supplemental project information on a separate sheet will have no effect on the evaluation process.

EMID will contact Project Owners to discuss the Consultant’s current and/or past performance. For Project Owner’s contact information, provide P roject Owner’s name and address, the name of a contact with knowledge of Consultant’s performance, as well as contact’s phone number and email.

H. Project Team Experience and References

The consulting team is key to delivering a successful project.

For purposes of the proposal and the selection process, the following terms are used to identify consulting team members: Project Manager, Other Key Personnel, and Other Team Members. The Project Manager is responsible for Consultant’s work and is EMID’s principal contact after the professional services contract is awarded, (2) Other Key Pers onnel are the keys to Consultant successfully executing the work; and (3) Other Team Members who will play a significant role in successfully executing the work.

Consultant shall provide the following information regarding the consulting team and its team members:

1) Consultant shall provide an organization chart showing the proposed relationships and the various roles and/or disciplines required to deliver the work. Within the organization chart, Consultant shall identify the project manager, other key personnel, and other team members. If a team member works for a sub-consultant, identify the sub-consultant. Consultant shall identify at least one person for each role and/or discipline.
2) Provide a list of office(s) in which the proposed team members will work.

Provide its address, its general phone number, and the name of the principal(s) overseeing proposed staff at the office. Identify the proposed 277
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team members working at the office and their roles.
3) Project Manager. Provide the qualifications and experience of the Project Manager, his/her current commitments to other projects to confirm Consultant's ability to commit resources to the work, and not less than three (3) references for the Project Manager.
4) Other Key Personnel. Provide the qualifications and experience of the Other Key Personnel; their current commitments to other projects to confirm Consultant's ability to commit resources to the work; and not less than three (3) reference for each person who is identified as Other Key Personnel. 5) Other Team Members. Provide the qualifications and experience of the Other Team Members.

EMID will contact project owners who have worked with the project manager and other key personnel to discuss their current and/or past performance. For each reference, list the proposed team member, project name, project owner, project owner’s address, the name of contact with knowledge of performance, contact’s phone number, and contact’s email address. Provide references from different owners, if possible.

PART 2

I. Consultant Fee Schedule and Reimbursable Expenses

Provide one (1) copy in a sealed envelope, including the level of effort with reimbursable expenses and hourly rate schedule. The level of effort and reimbursable expenses shall be broken down with a summary table for the entire proposal. EMID and the sele cted Consultant will endeavor to negotiate a consulting agreement which contains a not -to-exceed amount for professional services, reimbursable expenses, additional services, supplies, materials, and equipment.

To that end, Consultant shall provide for it and its sub -consultants, if any, a Consultant Fee Schedule and list of other costs for other reimbursable items, such as supplies, materials, equipment, other services, and/or other expenses.

SECTION IV. PROPOSAL SUBMITTAL REQUIREMENTS

Consultant shall submit its proposal in accordance with the following requirements:

A. EMID will only consider proposals received by District at or before the proposal submittal deadline of Tuesday, June 28, 2022 at 2 pm.

B. Consultant shall submit proposals to the following address:

Estero Municipal Improvement District
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Request for Proposal

Public Works Department
Attn: Louis Sun
Public Works Director
610 Foster City Blvd.

Foster City, CA 94404

C. For mailed proposals, EMID encourages each Consultant to confirm that its proposal was received by EMID at or before the proposal submittal deadline.

Contact the Public Works Director, Mr. Louis Sun at [email protected] or (650) 286-3270 to confirm District’s receipt of the proposal.

D. For hand- delivered proposals, Consultant shall deliver the proposal to the information desk in the building lobby. Consultant shall ensure the proposal is time and date stamped by the attendant prior to leaving the building.

SECTION V. CONSULTANT SELECTION PROCESS

EMID will review proposals and perform reference checks to evaluate consultants.

EMID may or may not conduct consultant interviews to evaluate Consultants. If EMID chooses to hold interviews as part of the selection process, EMID will notify Consultants approximately three (3) weeks after the proposal submittal deadline.

Principle criteria used to evaluate Consultants will include the following:

1) Experience/Qualifications: Firm’s experience on similar projects in the last five years.
a. Consultant’s and sub-consultant’s, if any, experience successfully providing professional design services on similar projects in the last five (5) years.

2) Personnel Assigned: Experience of key personnel assigned to the project, and experience of key team members who will be assigned to the project for its full duration.

a. Project Manager’s experience successfully providing professional design services and/or other related work on similar projects and their availability to perform work required by his/her role.
b. Other Key Personnel’s experience successfully providing professional design services and/or other related work on similar projects and their availability to perform the work required by his/her role. c. Other Team Members’ experience providing professional design services and/or other related work on similar projects.

3) Quality and Completeness of Proposal:
a. Clarity and relevance of information contained in the proposal. 279
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b. Consultant’s understanding of work.
c. Consultant’s approach to the work.

4) References

EMID may waive irregularities in any proposal, accept or reject all or any part of any proposal, or waive any requirements of the request for proposals, as may be deemed to be in the best interest of EMID.

After final evaluation, EMID will identify the highest ranked consultant, which appears to best meet the qualification criteria. EMID will attempt to negotiate a contract with the selected consultant. If the highest ranked consultant and EMID cannot reach agreement, EMID will terminate negotiations and, at its option, negotiate with the next ranked consultant.

Consultants shall bear all costs and assume all liability associated with negotiating a consultant agreement. EMID shall bear no costs and/or assume no liability for developing and/or submitting proposals.

SECTION VI. SCOPE OF SERVICES

A. Scope of Services:

A general draft scope of services is given in Attachment A. A detailed Scope of Services will be developed during negotiations. The scope of services presented herein is intended to cover the design services necessary and/or other related work to design services for the Emergency Generator Replacements FY2021- 2022 (CIP 455-705) project identified herein and shall be used as the basis of negotiations. In addition, Consultant shall agree to perform the management and project controls specified in the Draft Scope of Services.

Consultant is encouraged to include in the proposal any additional tasks beyond the Draft Scope of Services that the Consultant may find necessary or beneficial in order to deliver a successful project.

EMID reserves the right to enter into agreements for none, a portion, modified portions, or all of the work listed in this Request for Proposal. EMID reserves the right to issue notice(s) to proceed for some or all the work up to 90 days after the EM ID Board of Directors approves the agreement.

SECTION VII. STANDARD PROFESSIONAL SERVICES AGREEMENT AND

INSURANCE REQUIREMENTS

The standard professional services agreement is attached as Attachment B.

The insurance requirements are described in Section 12 Insurance of EMID ’s Standard Professional Services Agreement. All policies, endorsements, certificates, and/or binders 280
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shall be subject to approval by EMID as to form and content. The selected consultant shall agree to provide EMID with a copy of said policies, certificates, and/or endorsements.

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Emergency Generator Updated 1/18/2022 10
Replacements FY2021-2022

ATTACHMENT A

DRAFT SCOPE OF SERVICES
FOR

DESIGN SERVICES FOR EMERGENCY GENERATOR

REPLACEMENTS
FY2021-2022 (CIP 455-705)

The project addresses the replacement of emergency generators and automatic transfer switches located at three of the District’s wastewater lift stations that are at the end of their useful life. An emergency generator powers lift stations when power from PG&E is interrupted or shut down. The automatic transfer switch senses when PG&E power is interrupted and causes the emergency generator to turn on. Without emergency generators, in the event of a power outage, lifts stations could fill with sewage an d possibly overflow. This project addresses replacing the emergency generator s and automatic transfer switches at Lift Stations 29 and 59 and the emergency generator only at Lift Station 22.

Information about each lift station including the presence of an underground storage tank (UST) is as follows:

Lift Station #22 Corner, Catamaran and Beach Park
Make: Onan Model: 155.ODFE/27540L
S/N: K840735803 Size: 155 kW
Volts: 120/240, 3 Phase
Engine: Cummins Model: NT.855-C S/N: 50119099
Fuel: Diesel Fuel Tank Capacity: 130 Gallons
A.T.S.: Onan Model: OTNC0400-5D/1404B
Rating: 240 volts / 400 Amps S/N: K840737660

Lift Station #29 Corner, E. Hillsdale and Edgewater
Make: Kohler Model: 230R0Z271
S/N: 283434 Size: 230 kW
Volts: 277/480, 3 Phase
Spec: 703645-A
Engine: Cummins Engine: 11630274 Model: NT-855-G4
Date of Manufacture: 06/91
Fuel Tank: Diesel

Underground 1,000 gallons
ATS: Russelectric Inc. Model: RMTD-4003CEF
Rating: 480 volts / 400 amps S/N: 18296-1

Corporation Yard-Lift Station #59 Lincoln Centre Dr.

Make: DMT Model: DMT-1000C-2
S/N: 93102-1 Size: 1,000 kW
Volts: 277 / 480, 3 Phase Amps: 1,250
Engine: Cummins Model: KTA38-G4 S/N: 33125491
Fuel: Diesel Above ground storge fuel tank
ATS: Zenith Model: ZTSDH160EX-7AAC/DELL PRSTU
Rating: 480 volts / 1,600 amps / 3 phase S/N: 214587
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Replacements FY2021-2022

SCOPE OF WORK
The District has developed an initial outline of the potential scope of work for the agreement. As part of the Consultant’s proposal, expand on the outline demonstrating the detailed approach and list of deliverables.

Task 1: Project Management
• Project kickoff including meeting agenda and minutes; • Monthly invoicing including summary of budget status, work completed, work remaining, and projected cost to complete;
• Project baseline schedule including monthly updates with specific tasks that the District will be responsible for such as deliverable review, coordination of bid process, and other tasks identified by the Consultant and the District; and • Bi-weekly progress conference calls intended to be no longer than 30 minutes.

Deliverables:

1. Kickoff meeting agenda and minutes

2. Monthly invoices including status reports

3. Baseline schedule and monthly updates

4. Bi-weekly conference call agendas

Task 2: Data Collection
• Site visit to perform field measurements, photographs, and document existing conditions to allow creation of drawings of sufficient detail to document the location of existing equipment to be removed.
• Review District-provided record drawings for the existing three pump stations. • Review District-provided records from regular UST testing to provide feedback to the District about potential removal of the existing UST or if a future project for the removal of the UST is feasible.

Deliverables

1. Field reports for each pump station with copies of all sketches, measurements, and photographs

Task 3: Prepare Construction Documents
• Develop recommendations for replacement emergency generator including integral fuel storage tanks, automatic transfer switches (ATS), and sequence of construction and present in a technical memorandum.
• Develop drawings and technical specifications for the proposed improvements including but not limited to demolition, site preparation, concrete pad, electrical single-line diagrams, ATS and conduit/wiring, and necessary details.
• Review District provided General Conditions to develop Supplementary General Conditions.
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Emergency Generator Updated 1/18/2022 12
Replacements FY2021-2022

• Prepare Engineer’s Opinion of Probable Construction Cost (OPC). • Provide construction document submittals at the 50%, 90%, and 100% levels of completion.
• Prepare for and facilitate virtual workshops to present and review the submittals with the District.

Deliverables:

1. Emergency Generator and ATS Equipment Recommendations Memorandum

2. 50% Construction Documents Submittal including drawings, specifications, and OPC

3. 90% Construction Documents Submittal including drawings, specifications, and OPC

4. 100% Construction Documents Submittal including drawings, specifications, and OPC

5. Workshop agendas and minutes for the equipment memorandum, 50% construction documents submittal and 90% construction documents submittal

Task 4: Bid Support
• Attend pre-bid meeting.
• Review bidder questions and prepare responses.
• Prepare one bid addendum.

Deliverables:

1. Response to bidder questions

2. B id addendum

Task 5: Underground Storage Tank Mitigation (Alternative 1) • Develop workplan outlining the steps and necessary field investigations to comply with the State of California State Water Resources Control Board (State Board) Low-Threat Underground Storage Tank Closure Policy. • Perform necessary field investigation and prepare required technical reports to facilitate site closure.
• Develop plans and specifications for the UST remove in parallel with the work described in Task 3.

Deliverables:

1. UST Removal Workplan

2. Technical Reports

3. 50% Construction Documents Submittal including drawings, specifications, and OPC

4. 90% Construction Documents Submittal including drawings, specifications, and OPC

5. 100% Construction Documents Submittal including drawings, specifications, and OPC
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1 Attachment B

MASTER ARCHITECTURE AND ENGINEERING SERVICES AGREEMENT FOR
[ENTER PROJECT TITLE]

This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the Estero Municipal Improvement District hereinafter cal led "DISTRICT" and ____________________ hereinafter called "CONSULTANT".

RECITALS

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

WHEREAS, DISTRICT desires to retain CONSULTANT to provide [TYPE OF SERVICES] services and related services;

WHEREAS, It is anticipated that, as a need arises for CONSULTANT to provide services, DISTRICT will issue Task Orders to CONSULTANT (in a form substantially similar to that set forth in Exhibit “A ,” attached hereto and incorporated by reference which more particularly describes the scope of services to be performed);

WHEREAS, In reliance upon CONSULTANT's documentation of its qualifications, the DISTRICT finds that CONSULTANT has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

WHEREAS, That CONSULTANT is specially trained, experienced and competent to perform and has agreed to provide such services;

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 each Task Order and Exhibit “B,” Scope of Servi ces, 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 B and each Task Order 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 B and in each Task Order. 285
2 1. 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 . CONSULTANT shall not commence Services or work until a Notice to Proceed is issued by DISTRICT.

(b) Notwithstanding the provisions of (a) above, DISTRICT may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as DISTRICT may determine in its sole discretion.

(c) DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of DISTRICT’s written notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to DISTRICT for all loss, cost, expense, damage and liability resulting from such breach and termination.

(d) DISTRICT may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever DISTRICT determines that such termination is in DISTRICT’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

2. Compensation; Expenses; Payment . DISTRICT sha ll 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 “ C” 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 286
3 and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by DISTRICT’s Manager (for contracts less than $ 50,000) or DISTRICT Board (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 DISTRICT, 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 DISTRICT including, without limitation, CONSULTANT' s transmittal of all deliverables t o DISTRICT required by EXHIBIT B and each Task Order.

DISTRICT shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until DISTRICT receives all deliverables r equired under Exhibit B and each Task Order , 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 DISTRICT 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 DISTRICT. DISTRICT shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

DISTRICT shall pay CONSULTANT for services rendered in an amo unt not to ex ceed the option totals set forth in this Paragraph 3, less 5% retention in accordance with Civil Code Section 3320. DISTRICT and CONSULTANT may enter into an escrow agreement in lieu of retention in accordance with the form set forth in Public Contract Code 22300. [optional]

DISTRICT will not withhold any Federal or State income taxes or Social Security tax from any payments made by DISTRICT to CONSULTANT under the terms and conditions of this Agreement. Payment of all taxes and other assessments on su ch sums is the sole responsibility of CONSULTANT. DISTRICT has no responsibility or liability for payment of CONSULTANT’s taxes or assessments.

CONSULTANT shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates 287
4 of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website
[http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm].

CONSULTANT shall comply with the 8- hours per day/40 hours per week/overtime/working hours restrictio ns for all employees, pursuant to the California Labor Code. CONSULTANT and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submit ted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. CONSULTANT shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then CONSULTANT shall pay federal Davis Bacon wages and comply with applicable federal requirements.

4. Performance of Services. No work shall be performed under this Agreement except to the extent the CONSULTANT receives a Task Order from the DISTRICT’s A uthorized Representative. The DISTRICT will request proposals from the CONSULTANT for each Task Order when services are needed. CONSULTANT shall respond with a scope and cos t proposal in a reasonably prompt manner, no later than fifteen (15) calendar days after DISTRICT’s request. Such proposal 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. Upon the approval of the terms of the proposal by DISTRICT’s Manager (for contracts less than $50,000) or DISTRICT Board (for contracts $50,000 or more) by motion duly made and carried, the City's Authorized Representative shall issue a Task Order against this agreement.

CONSULTANT shall commence performance, and shall complete all required services no later than the dates set forth in accordance with the approved Task Order. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such Task Order.

5. Records and Audit . 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 DISTRICT for review and copying during regular bu siness 288
5 hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

CONSULTANT shall prepare and maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) ye ars from the termination or completion of this Agreement. This includes any handwriting, typewriting, printing, photo static, photographing and every other means of recording upon any tangible thing, any form of communication or representatio n including letters, words, pictures, sounds or symbols or any combination thereof.

Any a uthorized representative of DISTRICT shall have access to any writings as defined above for the purposes of making audit, evaluation, examination, excerpts and transcripts during the period such records are to be maintained by CONSULTANT. Further, DISTRICT has the right at all reasonable times to audit, inspect or otherwise evaluate the services and work performed or being performed under this Agreement.

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 DISTRICT 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 B and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit B.

CONSULTANT represents that it possesses all necessary training, licenses, certificates and permits required by the federal, state, DISTRICT or municipal governments to perform the Services . S uch licenses, certificates and permits must be valid at the time CONSULTANT enters into this Agreement and must be maintained during the term of this Agreement in full force and effect. Licenses, certificates and permits may include but are not limited to driver’s licenses, professional licen ses or certificates and business licenses. Such licenses, certificates and permits will be procured and maintained in force by CONSULTANT at no expense to DISTRICT.

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6 C ONSULTANT represents 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 DISTRICT, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of DISTRICT or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSUL TANT 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 document s, 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 DISTRICT, become the property of DISTRICT.

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

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit B; provided, that DISTRICT 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 DISTRICT of
DISTRICT’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.
(a) To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), CONSULTANT shall defend, indemnify, and hold harmless City of Foster City and Estero Municipal Improvement District, its officers, directors, officials, agents, employees, and volunteers (collectively, “Indemnitees”) from and against any and all claims, suits, expenses, liability, cause of action, loss, cost, damage, injury (including, without limitation, economic harm, injury to or 290
7 death of any person, including an employee of CONSULTANT or its Subconsultants), of every kind, nature, and description, at law or equity, (including without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) (collectively “Liabilities” ), 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 ret ained by them, or anyone that they control. CONSULTANT’s obligations to indemnify, defend, hold harmless the Indemnitees shall not apply to the extent that such Liabilities are caused in whole or in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee but shall apply to all other Liabilities.

(b) Intellectual Property Indemnification . CONSULTANT represents that professional services provided by CONSULTANT pursuant to this Agreement does not infringe on any other copyrighted work or intellectual property owned by others. CONSULTANT shall defend, indemnify and hold harmless DISTRICT from all Liabilities, that may at any time arise for any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person or persons in arising from or relating to CONSULTANT’s services provided to DISTRICT under this Agreement.

(c) DISTRICT shall include a provision in the construction contract with the general contractor on the Project requiring the general contractor to indemnify CONSULTANT for damages resulting from the negligence of the general contractor and its subcontractors. DISTRICT shall also include a provision in the construction contract with the general contractor on the Project requiring the general contractor to name CONSULTANT as an additional insured on its Comprehensive General Liabil ity insurance coverage. If CONSULTANT has the opportunity to review the construction contract prior to bidding, DISTR ICT shall have no responsibility for the inadvertent omission of such provisions.

(d) CONSULTANT shall place in its agreements with Subconsultants and cause its Subconsultants to agree to the indemnification and insurance provisions in this Agreement in favor of DIST RICT and the Indemnitees in the exact form and substance as those contained in this Agreement.

(e) DISTRICT acknowledges that the discovery, presence, handling or removal of asbestos products, polychlorinated biphenyl (PCB) or other hazardous substances which may presently exist at the any Project site is outside of CONSULTANT ’s responsibilities and is not included in the scope of Services CONSULTANT is to perform nor included in 291
8 CONSULTANT’s insurance. DISTRICT shall hire hazardous material s consultant if the Project requires the testing or remediation of hazardous substances. CONSULTANT shall not be responsible or be involved in any way with the discovery, presence, handling or removal of such materials.

CONSULTANT shall, however, be responsible for the coordination of CONSULTANT’s service s and work with the work of DISTRICT’s hazardous materials consultants.

(f) Duty to Cooperate. CONSULTANT shall notify DISTRICT immediately in writing of any claim or damage related to activities or services performed under this Agreement. CONSULTANT shall cooperate with DISTRICT in the investigation and disposition of all Liabilities arising out of the activities or services under this Agreement.

Without limiting the foregoing, CONSULTANT shall take a ll steps necessary to assist DISTRICT in the defense of any and all Liabilities brought by a contractor hired to construct the Project regarding any errors, flaws, and/or omissions in the plans or specifications of the Project. Any additional services or work under this paragraph shall be compensated as Additional Services.

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to DISTRICT Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Cont ract as set forth in EXHIBIT D , 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 D . In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, DISTRICT 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 DISTRICT for such expense).

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

In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the DISTRICT 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 provis ions of that Code, and CONSULTANT certifies that he will comply with such 292
9 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 empl oyment 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 DISTRICT setting forth the provisions of this non-discrimination clause.

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

DISTRICT: Estero Municipal Improvement District
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. Assignment. This is an agreement for the personal services of CONSULTANT. DISTRICT has relied upon the skills, k nowledge, experience and training of CONSULTANT and the CONSULTANT ’s firm, associates and employees as an inducement to enter into this Agreement.

CONSULTANT shall not assign or subcontr act this Agreement without DISTRICT’s express written consent. Further, CONSULTANT shall not assign any monies due or to become due under this Agreement without DISTRICT’s prior written consent.

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

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10 18. Validity. Th e 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 fo rmation, 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 lit igation of the successful party.

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

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

22. Liability of DISTRICT. Except as provided in Ex hibit B , Services to be Provided by CONSULTANT and Exhibit D , Insurance, DISTRICT '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 DISTRICT be liable, regardless of whether any claim is bas ed 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.

DISTRICT 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 DISTRICT. The acceptance or use of such equipment by CONSULTANT or any of its 294
11 employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless DISTRICT 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, DISTRICT 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 DISTRICT or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of DISTRICT or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

23. Confidentiality. Any information, whether proprietary or not, made known to or discovered by CONSULTANT during the performance of or in connection with this Agreement for DISTRICT , will be kept confidenti al and not be disclosed to any other person. CONSULTANT will immediately notify DISTRICT in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement.

These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services and work to DISTRICT hereunder.

24. 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 Agreemen t unless this Agreement is modified as provided below.

25. Entire Agreement. This Agreement, including Exhibit s A, B, C, D and E, comprises the entire Agreement.

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

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

Dated: _________________________________ ____________________, District Manager
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12 (for contracts less than $50,000)
[REMOVE signature line if $50,000 or more]

Dated: _________________________________ __________________________, President
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]

ATTEST:

Dated: ________________________________ Priscilla Schaus, District Secretary

APPROVED AS TO FORM

Dated:

Benjamin Stock, District Legal Counsel

CONSULTANT

Dated:

Type Name & Title of CONSULTANT
Authorized to Sign
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13 EXHIBIT A

SAMPLE TASK ORDER
TASK ORDER NO. [**INSERT TASK No.**]

TO MASTER ARCHITECTURE AND ENGINEERING SERVICES AGREEMENT

This Task Order No. _______ ("Task Order") is made and entered into by and between the Estero Municipal Improvement District (“District”) and _______________ ("Consultant").

RECITAL
A. District and Consultant entered into an agreement entitled Master Architecture and Engineering Services Agreement ("Agreement"), by which the Consultant agreed to perform ___________________________________________________________ services in accordance with Task Orders issued by the District.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

2. SC OPE OFT ASK ORDER. Consultant shall perform the services described in Exhibit "B," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYM ENT . For services performed by Consultant in accordance with this Task Order, District will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $_______________(including all hourly billings as well as reimbursable costs.

4. S
IGNATURES . The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the District.

IN WITNESS WHEREOF, the District and Consultant do hereby agree to the full performance of the terms set forth herein.

Estero Municipal Improvement District Consultant

_____________________________ _________________________ By:___________________________ By: _______________________ Title: _________________________ Title: _____________________ Date: _________________________ Date: _____________________ Tax ID No.: ______________
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14 EXHIBIT B

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, [ENTER PROJECT TITLE]

[EITHER COMPLETE EXHIBIT A OR ATTACH A PROPOSAL/SCOPE OF WORK THAT CONTAINS ALL THE INFORMATION BELOW AND DELETE THE TEXT BELOW]

SERVICES TO BE PROVIDED

This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "CONSULTANT" and the Estero Municipal Improvement District, hereinafter referred to as "DISTRICT" providing for professional services.

1. Description of the Project:

1.1 DESCRIPTION: Description of Project

2. Basic Services:

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

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 (IF APPLICABLE)

END OF EXHIBIT B

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15 EXHIBIT C

FEE SCHEDULE
[PER AGREEMENT WITH CONTRACTOR]
299

16 EXHIBIT D

INSURANCE FORMS

CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified 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 Estero Municipal Improvement District, hereinafter referred to as "District", providing for professional services.

1. Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect District and its Council members, offici als, 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 requi red endorsements have been filed with the District '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 waiv er of the ins urance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested.

Consultant shall immediately pay any deductibles and self -insured retentions under all required insurance policies upon the submission of any claim by Consultant or District 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 District ), 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 arisin g 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 District will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “Estero Municipal Improvement District, its Council members, officials, agents, officers, volunteers and employees”. 300

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[FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT.

UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE. PLEASE CONTACT THE DISTRICT MANAGER’S OFFICE WITH ANY QUESTIONS.]
☒ Business Automobile Liability Insurance

Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dolla rs ($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 District and must be approved by the District 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. District as Additional Insured

On Consultant's Commercial General Liability and Automobile policies, the Estero Municipal Improvement District, 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. 301

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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 insur ance 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 exhaust ed 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 District 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 District will not accept such coverage unless the District 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 District , its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the District , 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 District 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 Consul tant. District , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, District may purchase such required insurance coverage, and without further notice to Consultant, District shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by District for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse District for the premiums and any associated costs, Consultant agrees to reimburse District for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by District 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 District may (but is under no obligation to) secure projec t-specific insurance, wrap- up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall 302

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be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by v irtue of the District '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 District access to their books and records and cooperate with District in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

303

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EXHIBIT D
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

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

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

Auto Liability : the ownership, operation, maintenance, use, loa ding or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other:

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

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

Professional Liability:

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

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

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

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

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY , its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise fr om 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:
304

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TELEPHONE: ( ) DATE ISSUED:

END OF EXHIBIT D

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

This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“District”) 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 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 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. District Directed Suspension. The District 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 District may suspend the Services for its convenience. The Consultant is entitled to 306

23 Updated 4/20/2021
a time extension for a District 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. District will reimburse the Consultant for costs attributable to COVID-19, and which are not included in the schedule of values, only if the cost is an Unknown COVID- 19 Cost.

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. District 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 District 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 District building. In the event of an outbreak or an exposure to COVID-19, the District may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

IN WITNESS WHEREOF, the District and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: DISTRICT:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title

END OF EXHIBIT E

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DATE: June 6, 2022

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

VIA: Edmund Suen, Interim City/District Manager

FROM: Jennifer Phan, Interim Deputy City Manager
Marlene Subhashini, Community Development Director
Dane Hutchings, Lobbyist Consultant, Renne Public Policy Group

SUBJECT: PRIORITY LEGISLATION FOR THE 2022 STATE

LEGISLATURE AND RECOMMENDED ADVOCACY

POSITIONS

RECOMMENDATION

It is recommended that the City Council, by Minute Order:

1. Approve the recommended policy advocacy positions on certain high priority bills and authorize the Mayor to sign letters of support or opposition on behalf of the City Council regarding pending State legislation; and

2. Authorize the City Manager and City staff to formally engage in legislative activities to support those positions throughout the legislative session.

EXECUTIVE SUMMARY

In an effort to advance the City’s public policy advocacy efforts, the City’s lobbyist consultant, Renne Public Policy Group (RPPG) has been tracking priority legislation on behalf of the City. Some of these bills will have an 308
impact in our community as well as impact the City’s ability to retain local decision making, conduct operations, and/or create new financial and legal liability. In order to ensure that the City’s voice is heard in Sacramento, it is critical that these concerns be directly relayed to state lawmakers. One of the means for the City to remain actively engaged in the state law-making process is by taking advocacy positions on certain high priority bills.

BACKGROUND

City Council expressed the need for the City to be actively involved with what is happening in Sacramento and for the City to adopt an advocacy position on legislation early on in the process by engaging with lawmakers. In an effort to take a more proactive approach in engaging with the State on legislation of interest to Foster City, the City Council retained the services of RPPG on a one-year service agreement in January 2021, followed by a two-year extension in March 2022 that included grant writing services with the legislative advocacy services.

RPPG is a full-service lobbying and consulting practice firm based in Sacramento that strives to advance the policy interests of public agencies.

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

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

RPPG was able to successfully advocate for the desired outcome on/or secured significant amendments on 11 of those measures. Most notably, the City of Foster City’s first piece of sponsored legislation, Assembly Bill (AB) 1029, was signed which allows jurisdictions to seek state funding opportunities for the preservation of existing affordable housing through the extension of local affordability covenants.

ANALYSIS

This year, May 27, 2022, marks one of the more significant deadlines in the 309
State legislative session. The “House of Origin” deadline signals the half-way point in each legislative session. All majority vote bills introduced in their respective House must be voted on—garnering at least a majority from their colleagues (21 out of 40 in the Senate, 41 out of 80 in the Assembly) and advance to the opposite House in order to stay alive in 2022. This means that Senate bills will be deliberated in the Assembly and Assembly bills will be deliberated in the Senate. Legislation will be considered over the next few months. August 31, 2022 will mark the end year two of the 2021-2022 legislative session.

This section of the report is broken down into two categories with the staff recommended advocacy positions (as applicable):

1. Recommended Legislation for City Council to Adopt a Position

2. Other Top Legislation of Interest Being Monitored by RPPG

POTENTIAL POLICY POSITIONS FOR CONSIDERATION
The possible policy positions for the City to consider is outlined as follows:

Support: Foster City supports both the spirit of the policy as well as the specific drafted policy itself. There are no policy concerns, and no changes are needed.

Support if Amended: Foster City may support the spirit of the policy but may wish to see technical changes to the specific drafted policy itself. If said policy changes are made, the City would then move into a full support position.

Oppose: Foster City opposes both the spirit of the policy as well as the specific drafted policy. Barring significant amendments, it is unlikely that the proposal could feasibly be amended to remove all concerns.

Oppose Unless Amended: Foster City may oppose the spirit and/or the specific policy as currently drafted. Conversely, the City may support the spirit of the policy but object to the specific approach taken.

Amendments to address concerns would be needed prior to moving to a neutral position or even a support position.

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Neutral: Foster City is indifferent on a specific policy proposal. This position is taken typically after amendments have been made to a bill that may remove the City’s opposition but does not push them to a point of formal support.

Watch: Foster City is currently undecided on a course of action, and is actively dedicating staff resources to monitor, find more information or begin initial conversations with stakeholders on the proposal's intent.

Concerns can also be expressed to an author and stakeholders with a “Watch” position.

RECOMMENDED LEGISLATION FOR CITY COUNCIL TO ADOPT A

POSITION

HOUSING AND LAND USE
AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 (As Amended 05/11/22)
The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards.

This bill would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to one of two streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including that all construction workers shall be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction.

Status: Passed out of Assembly Floor committee, Currently in Senate Rules awaiting committee assignment
RPPG Notes: This measure has very similar provisions as SB 6 (Caballero) in which the City opposed last year. The sites that this bill will most likely affect are sites that are in commercial, industrial, office, retail, and other areas that are not listed in the Housing Element. This bill gives 311
local governments no ability to address problems with locational & other issues, including, incompatible adjacent land uses, access to services and amenities for residents (schools, parks, transit, shopping, etc.), traffic, infrastructure availability, etc.

League of California Cities (Cal Cities) Position: Oppose Staff Recommended Position: Oppose

AB 2097 (Freidman) Residential and Commercial Development: Parking Requirements (As Amended 05/19/21)
This bill would prohibit a public agency from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on residential, commercial, or other development if the development is located on a parcel that is within one-half mile of a public transit. Public transit means a major transit stop as defined in Section 21064.3 of the Public Resources Code. When a project provides parking voluntarily, the bill would authorize a public agency to impose specified requirements on the voluntary parking. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a new multifamily or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. It provides that the prohibition on minimum automobile parking requirements shall not apply to commercial parking requirements if it conflicts with an existing contractual agreement that was executed before January 1, 2023, if all of the required commercial parking is shared with the public. It specifies that this provision applies to an existing contractual agreement that is amended after January 1, 2023, provided that the amendments do not increase commercial parking requirements. It further specifies that a project subject to such an agreement may voluntarily build additional parking that is not shared with the public.

Status: Passed off of Assembly Floor, Currently in Senate Rules awaiting committee assignment
RPPG Notes: This measure, which was opposed by the City, is an expanded and reintroduced version of AB 1401 (Friedman) which stalled in Senate Appropriations committee last year. Restricting parking requirements within one-half mile of a public transit route does not guarantee individuals living, working, or shopping on those parcels will actually use transit. Many residents will continue to own automobiles and require nearby parking, which will only increase parking demand and congestion.

Cal Cities Position: Oppose
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Staff Recommended Position: Oppose

AB 2234 (R. Rivas) Planning and zoning: housing: post-entitlement phase permits (As Amended 05/02/22)
This bill would require a local agency to compile a list of information needed to approve or deny a post-entitlement phase permit, as defined, to post an example of an ideal application and an example of an ideal complete set of post-entitlement phase permits for the most common housing development projects in the jurisdiction, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define “local agency” for these purposes to mean a city, county, or city and county. No later than January 1, 2024, except as specified, the bill would require a local agency to require permits to be applied for, completed, and stored through a process on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established.

Status: Passed off of Assembly Floor, Currently in Senate Rules awaiting committee assignment
RPPG Notes: AB 2234 would create practical and policy concerns impairing local government’s ability to effectively review applications and includes unclear definitions that effect its scope. AB 2234 would not only impose costly mandates but also put a strain on staffing resources to comply with the mandates for permitting without providing state funding to offset these costs. Finally, the bill excludes approvals required by other agencies, including the Coastal Commission and utilities.

Cal Cities Position: Oppose
Staff Recommended Position: Oppose

AB 2357 (Ting) Surplus Land (As Amended 04/05/22)
Current law prescribes requirements for the disposal of surplus land by a local agency, and requires, in most cases a local agency disposing of surplus land to comply with certain notice requirements before disposing of the land or participating in negotiations to dispose of the land with a prospective transferee, particularly that the local agency send a notice of availability to specified entities that have notified the Department of Housing and Community Development of their interest in surplus land. Under current law, if the local agency receives a notice of interest, the local agency is required to engage in good faith negotiations with the entity desiring to purchase or lease the surplus land. This bill would require HCD to review any action to dispose of land by a local agency and also require the department to maintain on its internet website a listing of all entities, including housing sponsors, that have 313
notified the department of their interest in surplus land for the purpose of developing low- and moderate-income housing.

Status: Passed off of Assembly Floor, Currently in Senate Rules awaiting committee assignment
RPPG Notes: According to the California Association for Local Economic Development (CALED), AB 2357 undermines the ability of local agencies to conduct needed economic development activities on properties they acquire. Residents need access to quality local jobs to support their families and avoid the environmental and social damage of long commutes. Local communities cannot remain economically, socially, and environmentally sustainable in the absence of a thriving local economy.

Cal Cities Position: Watch
Staff Recommended Position: Watch

SB 897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units (As Amended 05/19/22)
This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet. The bill, if the existing multifamily dwelling exceeds a height of 25 feet or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements.

The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds a height of 25 feet or has a rear or side setback of less than 4 feet.

This bill would prohibit a local agency from denying a permit for a constructed, but unpermitted, accessory dwelling unit because the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. This bill would specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence.

The bill would require a junior accessory dwelling unit that does not include separate sanitation facilities to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

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Status: Passed off of Senate Floor, Currently in Assembly Rules awaiting committee assignment
RPPG Notes: Apart from the ministerial approval of height increases of up to 25 feet throughout city limits, what appears to be the most challenging provisions is with respect to the requirement that a local government issue a permit for an unpermitted unit that does not meet any current building standards if that unit was constructed prior to January 1, 2018. While there may be some instances where current code standards could be perceived as cost prohibitive, according to the California Building Officials a statewide organization of licensed building, health, and safety officials “by disallowing occupancy changes has significant life-safety implications because an uninhabitable space such as a garage has less safety requirements compared to a habitable space such as an ADU converted from a garage. Eliminating occupancy changes for ADUs has significant life safety implications.” Cal Cities Position: Oppose
Staff Recommended Position: Oppose
AB 2053 (Lee) The Social Housing Act (As Amended 05/19/22) This measure would enact the Social Housing Act and would create the California Housing Authority (CHA), as an independent state body, the mission of which would be to produce and acquire social housing developments for the purpose of eliminating the gap between housing production and regional housing needs assessment targets, as specified. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed by the authority would be owned by the authority. The bill would prescribe the composition of the CHA Board, which would govern the authority, and would be composed of appointed members and members who are elected by residents of social housing developments, as specified. The bill would prescribe the powers and duties of the authority and the board. The bill would provide that the authority is bound to revenue neutrality and would require the authority to recover the cost of development and operations over the life of its properties through the mechanism of rent cross-subsidization. This bill permits, but does not require that the authority consult with local government on any local zoning standards. This bill states the intent of the legislature to finance the authority through the use of state bond issuance and that all work will be done using skilled and trained workforce.
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Status: Passed off of Assembly Floor, Currently in Senate Rules awaiting committee assignment
RPPG Notes: Cal Cities staff notes that as a state entity, the CHA would have full control over the properties they own and would not be required to abide by local zoning, design standards, density requirements, height limitations, parking requirements of any state-owned property. Moreover, the California Realtors Association has expressed concerns that runs contrary to the Legislature’s recent efforts to streamline housing programs and that the bill would reduce local property tax revenue since CHA developments, including ones with market rate units, would presumably not pay property taxes.

Cal Cities Position: Oppose unless amended
Staff Recommended Position: Oppose
AB 916 (Salas) Zoning: Accessory Dwelling Units: Bedroom Addition (As Amended 05/11/22)
This measure would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities.

Status: Passed out of Senate Housing Committee on Consent RPPG Notes: Apart from the City of Santa Clarita, there is no listed opposition to the bill. Unless the City currently requires that a public hearing commence for such an addition, this will likely not impact the City’s day-to-day operations, permitting or planning process.

Cal Cities Position: No Position Adopted
Staff Recommended Position: Watch

BROWN ACT/PUBLIC RECORDS ACT/ ELECTIONS
AB 1944 (Lee) Local government: open and public meetings (As Amended 05/22/22)
The Ralph M. Brown Act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the 316
public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate in person. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. This bill would require the agenda to identify any member of the legislative body that will participate in the meeting remotely. The bill would also require an updated agenda reflecting all of the members participating in the meeting remotely to be posted, if a member of the legislative body elects to participate in the meeting remotely after the agenda is posted.

Status: Passed off of Assembly Floor, Currently in Senate Rules awaiting committee assignment
RPPG Notes: Provides greater flexibility, protects health and safety, and increases public participation. This bill would allow members of local legislative bodies to virtually attend public meetings without making public the address of that location so long if there is an in person quorum present. This bill would require legislative bodies that choose to opt-in to AB 1944 to make a livestream of the meeting available to the public and allow for virtual public participation.

Cal Cities Position: Support
Staff Recommended Position: Support
AB 2449 (Rubio) Local government: open and public meetings (As Amended 05/23/22)
Current law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health. This bill would authorize a local agency to use teleconferencing without complying with those specified teleconferencing requirements if at least a quorum of the members of the legislative body participates in person from a singular location clearly identified on the agenda that is open to the public and situated within the local agency’s jurisdiction. The bill would impose prescribed requirements for this exception relating to notice, agendas, the means and manner of access, and procedures for disruptions. The bill would require the legislative body to implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with federal law.

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Status: Passed off of Assembly Floor, Currently in Senate Rules awaiting committee assignment
RPPG Notes: Provides greater flexibility, protects health and safety, and increases public participation.

Cal Cities Position: Support
Staff Recommended Position: Support

SB 1131 (Newman) Safe At Home Program: Elections Workers (As Amended 04/18/22)
Current law establishes an address confidentiality program known as the Safe at Home program which designates the Secretary of State as the agent for service of process and receipt of mail. Under current law, when the Secretary of State certifies the person as a program participant, the person’s actual address is confidential. This bill would create a similar program for election workers. This bill would require the Secretary of State to approve an application of a program participant for a substitute address to be designated by the secretary. The secretary would also be required to charge program participants a fee to defray the actual costs of maintaining the program and to reimburse the General Fund.

Status: Passed off of Senate Floor, Currently in Assembly Rules awaiting committee assignment
RPPG Notes: This is a measure in response to local elections officials across California who have been threatened with violence during the 2020 election. This is a voluntary program that aims to provide protections to our City Clerks and elections officials. In addition to Cal Cities, the California City Clerks Association (CCAC) is in strong support of this measure.

Cal Cities Position: Support
Staff Recommended Position: Support

TRANSPORTATION, PUBLIC WORKS, AND WATER
AB 2807 (M. Bonta) Transportation Funding Programs: Eligibility Public Transportation (As Amended 04/21/22)
Current law establishes the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, which is administered by the State Air Resources Board, in conjunction with the State Energy Resources Conservation and Development Commission, to fund development, demonstration, precommercial pilot, and early commercial deployment of zero- and near-zero-emission truck, bus, and off-road vehicle and equipment 318
technologies. This bill would expand the purposes of the program to include the funding of the development, demonstration, precommercial pilot, and early commercial deployment of zero- and near-zero-emission public transportation ferry technologies.

Status: Passed off of Assembly Floor, Currently in Senate Rules awaiting committee assignment
RPPG Notes: With the expansion of eligibility for these funds, this may open up more opportunities for the City to vie for funding for a hover craft/ferry system in the future.

Cal Cities Position: No Position Adopted
Staff Recommended Position: Support
AB 2953 (Salas) Department of Transportation and local agencies:
streets and highways: recycled materials (As amended 03/17/22) This bill would require Caltrans and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions. Beginning January 1, 2024, the bill requires local agencies who have jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways.

Status: Passed off of Assembly Floor, Currently in Senate Rules awaiting committee assignment
RPPG Notes: Governor Newsom vetoed AB 1035 (Salas, 2021), a substantially similar bill, and highlighted that requiring all local agencies that have jurisdiction over streets and highways to comply with Caltrans' recycling standards may result in increased costs and would create a reimbursable state mandate. The Governor’s veto message also cited objections to forcing local agencies to adopt standards by Caltrans that are specifically designed for larger projects that address a greater volume of traffic and may be inappropriate for all local streets and roads Cal Cities Position: Oppose
Staff Recommended Position: Oppose
SB 922 (Wiener) California Environmental Quality Act: exemptions:
transportation-related projects (As Amended 04/04/22)
CEQA, until January 1, 2030, exempts from its requirements bicycle transportation plans for an urbanized area for restriping of streets and 319
highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles under certain conditions. This bill would specify that the requirement that the bicycle transportation plan is for an urbanized area or urban cluster, as designated by the United States Census Bureau. The bill would extend the exemption to an active transportation plan or pedestrian plan in an urbanized area or urban cluster. The bill would define “active transportation plan” and “pedestrian plan.” The bill would specify that individual projects that are a part of an active transportation plan or pedestrian plan remain subject to the requirements of CEQA unless those projects are exempt by another provision of law.

Status: Passed off of Senate Floor, Currently in Assembly Rules Pending Committee Assignment
RPPG Notes: This measure streamlines otherwise onerous CEQA requirements on a variety of local transportation projects aimed at reducing Greenhouse Gas Emissions (GHGs) including pedestrian and bicycle facilities, restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles. It is supported by a large coalition of local government and business organizations.

Cal Cities Position: No Position Adopted
Staff Recommended Position: Support
SB 1157 (Hertzberg) Urban water use objectives: indoor residential water use.

Current law requires the Department of Water Resources, in coordination with the State Water Resources Control Board, and including collaboration with and input from stakeholders, to conduct necessary studies and investigations and authorizes the department and the board to jointly recommend to the Legislature a standard for indoor residential water use. Current law, until January 1, 2025, establishes 55 gallons per capita daily as the standard for indoor residential water use. Existing law establishes, beginning January 1, 2025, the greater of 52.5 gallons per capita daily or a standard recommended by the department and the board as the standard for indoor residential water use, and beginning January 1, 2030, establishes the greater of 50 gallons per capita daily or a standard recommended by the department and the board as the standard for indoor residential water use. This bill would eliminate the option of using the greater of 52.5 gallons per capita daily and the greater of 50 gallons per capita daily, as applicable, or a standard recommended by the 320
department and the board as the standard for indoor residential water use.

The bill would instead require that from January 1, 2025, to January 1, 2030, the standard for indoor residential water use be 47 gallons per capita daily and beginning January 1, 2030, the standard be 42 gallons per capita daily.

Status: Passed off of Senate Floor, Currently in Assembly Rules awaiting committee assignment
RPPG Notes: The measure is being strongly opposed by over 50 California water agencies, dozens of municipalities, and statewide local government organizations. The total anticipated cost range for reasonably complying with a 2030 standard in which all providers achieve a residential indoor per capita volume of 42 gallons per capita daily by 2030 is likely between $2.8 and $4.6 billion. While the indoor residential water use standard is only one component of the overall water use objective, given the separately enforceable component of water loss, it is anticipated that public water agencies will need to make significant additional investments to reduce indoor residential use to meet the overall objective. Ultimately, this substantial financial investment will only save 354,000-acre feet of water per year over the current 2030 standard – approximately half a percent of statewide water use. In addition to these direct costs, there will be substantial secondary costs. A few examples of potential impacts include increased sewer gas production, accelerated rate of corrosion of pipes and manholes, increased occurrences of sewer blockages and overflows, degradation of wastewater influent quality, and reductions in recycled water quantity.

Mitigating these impacts will require considerable investment.

Cal Cities Position: No Position Adopted
Staff Recommended Position: Oppose

The full bill text to any measure can be found by going to the State’s legislative information website, that can be accessed by clicking here (https://leginfo.legislature.ca.gov/faces/billSearchClient.xhtml).

FISCAL IMPACT

There is no fiscal impact associated with the recommended actions.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This action aligns with the City’s Vision and Mission statements by taking efficient actions that enhance neighborhood livability and quality of place for 321
current and future generations. Specifically, this item is directly related to the project/initiative under the "Smart Planning, Development, and the Local Economy" Value/Priority Area with the key outcome to develop a legislative advocacy arm for Foster City that advances City Council’s policies and goals.

Attachment:
Attachment 1 - Full Priority Bill List
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ATTACHMENT 1
Priority Legislation June 1, 2022
Brown Act
AB 1944 (Lee) Local government: open and public meetings. (Amended: 5/25/2022) Link The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agencys jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. This bill would require the agenda to identify any member of the legislative body that will participate in the meeting remotely.

Status: 5/27/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2449 (Rubio, Blanca) Open meetings: local agencies: teleconferences. (Amended: 5/23/2022) Link The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agencys jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. This bill would revise and recast those teleconferencing provisions and, until January 1, 2028, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements that each teleconference location be identified in the notice and agenda and that each teleconference location be accessible to the public if at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the local agencys jurisdiction.

Status: 5/27/2022-In Senate. Read first time. To Com. on RLS. for assignment. 323
SB 1100 (Cortese) Open meetings: orderly conduct. (Amended: 4/21/2022) Link The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. Current law requires every agenda for regular meetings of a local agency to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative bodys consideration of the item, that is within the subject matter jurisdiction of the legislative body. Current law authorizes the legislative body to adopt reasonable regulations to ensure that the intent of the provisions relating to this public comment requirement is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. Current law authorizes the members of the legislative body conducting the meeting to order the meeting room cleared and continue in session, as prescribed, if a group or groups have willfully interrupted the orderly conduct of a meeting and order cannot be restored by the removal of individuals who are willfully interrupting the meeting. This bill would authorize the presiding member of the legislative body conducting a meeting to remove an individual for disrupting the meeting.

Status: 5/26/2022-June 8 set for first hearing canceled at the request of author.

Children, Youth and Recreation
AB 1737 (Holden) Childrens camps: local registration. (Amended: 5/19/2022) Link Current law requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps. Current law requires the State Fire Marshal to adopt minimum fire safety regulations for organized camps. Current law requires local health officers to enforce building standards relating to organized camps and the other rules and regulations adopted by the State Public Health Officer. Current law defines organized camp, for these purposes, as a site with a program and facilities established for the primary purposes of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives, for 5 days or more during one or more seasons of the year, except as specified. Current law requires the Director of Public Health to consider the Camp Standards of the American Camping Association when adopting rules and regulations pursuant to these provisions. This bill would include childrens camps within the definition of organized camps and would define childrens camp as a camp that offers daytime or overnight experiences administered by adults who provide social, cultural, educational, recreational, or artistic programming to more than 5 children between 3 and 17 years of age for 5 days or longer, except as specified.

Status: 5/27/2022-In Senate. Read first time. To Com. on RLS. for assignment.

Elections, Political Reform and Redistricting
AB 1416 (Santiago) Elections: ballot label. (Amended: 1/27/2022) Link Current law defines the ballot label as the portion of the ballot containing the names of the candidates or a statement of a measure. For statewide measures, current law requires the Attorney General to prepare a condensed version of the ballot title and summary, including the fiscal impact summary prepared by the Legislative Analyst that is printed in the state voter information guide. This bill would additionally require the ballot label for statewide measures, and, at the 324
option of a county, the ballot label or similar description on the ballot of county, city, district, and school district measures, to include a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of ballot arguments printed in the voter information guide that support and oppose the measure, as specified. The bill would require a nonprofit organization, business, or individual to meet certain criteria before being listed on the ballot label or similar description of the measure on the ballot.

Status: 5/4/2022-Referred to Com. on E. & C.A.

AB 2582 (Bennett) Recall elections: local offices. (Amended: 5/2/2022) Link The California Constitution reserves to the electors the power to recall an elective officer and requires the Legislature to provide for recall of local officers. Current law requires a recall election to include the question of whether the officer sought to be recalled shall be removed from office and an election for the officers successor in the event the officer is removed from office. This bill would instead require a recall election for a local officer to include only the question of whether the officer sought to be recalled shall be removed from office. If a local officer is removed from office in a recall election, the bill would provide that the office is vacant until it is filled according to law.

Status: 5/25/2022-Referred to Com. on E. & C.A.

ACA 12 (Lee) Elections: nonpartisan office. (Introduced: 3/16/2022) Link The California Constitution designates as nonpartisan all judicial, school, county, and city offices, including the Superintendent of Public Instruction. The California Constitution prohibits including the political party preference of a candidate for nonpartisan office on the ballot for the office.This measure would instead permit the political party preference, or lack of a political party preference, of a candidate for nonpartisan office, except for judicial offices, to be indicated on the ballot in the manner provided by statute.

Status: 4/25/2022-In committee: Set, first hearing. Hearing canceled at the request of author.

SB 1131 (Newman) Safe at Home program: election workers and reproductive health care providers. (Amended: 4/18/2022) Link
Current law establishes an address confidentiality program for victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, commonly known as the Safe at Home program, under which an adult person, or a guardian on behalf of a minor or an incapacitated person, states that they are a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, and designates the Secretary of State as the agent for service of process and receipt of mail. Under current law, when the Secretary of State certifies the person as a program participant, the persons actual address is confidential. Under the program, any person who makes a false statement in an application is guilty of a misdemeanor. This bill would create a similar program for election workers, as defined. This bill would require the Secretary of State to approve an application of a program participant for a substitute address to be designated by the secretary. The secretary would also be required to charge program participants a fee to defray the actual costs of maintaining the program and to reimburse the General Fund, as specified.

Status: 5/26/2022-In Assembly. Read first time. Held at Desk. 325
Energy
AB 2838 (O'Donnell) Electrical corporations: green tariff shared renewables program. (Amended: 4/18/2022) Link Current law requires the Public Utilities Commission to require each electrical corporation with 100,000 or more customer accounts in California to administer a green tariff shared renewables program to enable ratepayers to participate directly in offsite electrical generation facilities that use eligible renewable energy resources, as specified.

Current law requires the commission to ensure that charges and credits associated with an electrical corporations program are set in a manner that ensures nonparticipant ratepayer indifference for the remaining bundled service, direct access, and community choice aggregation customers and ensures that no costs are shifted from participating customers to nonparticipating ratepayers. This bill would authorize the commission, on and after April 1, 2023, to authorize those electrical corporations to terminate their green tariff shared renewables programs.

Status: 5/31/2022-In committee: Hearing postponed by committee.

Client Position:

Notes: 5/27/22 SG: Added to tracker per CAL CCA position. Letter shared with RPPG lobbying team SB 379 (Wiener) Residential solar energy systems: permitting. (Amended: 5/31/2022) Link Would require every city, county, or city and county to implement an online, automated permitting platform that verifies code compliance and issues permits in real time or allows the city, county, or city and county to issue permits in real time for a residential solar energy system, as defined, that is no larger than 38.4 kilowatts alternating current nameplate rating and a residential energy storage system, as defined, paired with a residential solar energy system that is no larger than 38.4 kilowatts alternating current nameplate rating. The bill would require a city, county, or city and county to amend a certain ordinance to authorize a residential solar energy system and a residential energy storage system to use the online, automated permitting platform.

Status: 5/31/2022-From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

SB 833 (Dodd) Community Energy Resilience Act of 2022. (Amended: 3/21/2022) Link Current law assigns the State Energy Resources Conservation and Development Commission various duties, including applying for and accepting grants, contributions, and appropriations, and awarding grants consistent with the goals and objectives of a program or activity the commission is authorized to implement or administer. This bill, the Community Energy Resilience Act of 2022, would require the commission to develop and implement a grant program for local governments to develop community energy resilience plans that help achieve energy resilience objectives and state clean energy and air quality goals.

Status: 5/26/2022-In Assembly. Read first time. Held at Desk.

Environmental and Climate
AB 1001 (Garcia, Cristina) Environment: mitigation measures for air quality impacts: environmental justice. (Amended: 3/22/2022) Link
The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the 326
environment. This bill would require mitigation measures, identified in an environmental impact report or mitigated negative declaration to mitigate the adverse effects of a project on air quality of a disadvantaged community, to include measures for avoiding, minimizing, or otherwise mitigating for the adverse effects on that community. The bill would require mitigation measures to include measures conducted at the project site that avoid or minimize to less than significant the adverse effects on the air quality of a disadvantaged community or measures conducted in the affected disadvantaged community that directly mitigate those effects.

Status: 5/23/2022-In committee: Hearing postponed by committee.

AB 1985 (Rivas, Robert ) Organic waste: list: available products. (Introduced: 2/10/2022) Link Current law requires, no later than January 1, 2018, the State Air Resources Board to approve and begin implementing a comprehensive short-lived climate pollutant strategy to achieve a reduction in statewide emissions of methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030. Current law requires the methane emissions reduction goals to include a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. Current law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations to achieve these organic waste reduction goals, including a requirement intended to meet the goal that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025. This bill would require the department to compile and maintain on its internet website a list, organized by ZIP Code, of information regarding persons or entities that produce and have available in the state organic waste products and update the list at least every 6 months.

Status: 5/27/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2142 (Gabriel) Income taxes: exclusion: turf replacement water conservation program. (Amended: 4/6/2022) Link Current law provides an exclusion from gross income for any amount received as a rebate or voucher from a local water or energy agency or supplier for the purchase or installation of a water conservation water closet, energy efficient clothes washers, and plumbing devices, as specified. This bill would, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, under the Personal Income Tax Law and the Corporation Tax Law, provide an exclusion from gross income for any amount received as a rebate, voucher, or other financial incentive issued by a public water system, as defined, local government, or state agency for participation in a turf replacement water conservation program.

Status: 5/26/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2160 (Bennett) Coastal resources: coastal development permits: fees. (Amended: 5/5/2022) Link The California Coastal Act of 1976 requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit, as provided. The act further provides for the certification of local coastal programs by the California Coastal Commission. The act prohibits the commission, except as provided, from exercising its coastal development permit review authority, as specified, over any new development within the area to which the certified local coastal program, or any portion thereof, applies. Current law requires a local government, if it has been delegated authority to issue coastal development permits, to recover any costs incurred from fees charged to individual permit applicants. Current law authorizes the local government to elect to not levy fees, as provided. This bill would, at the request of an applicant, as defined, for a coastal development permit, authorize a city or county to waive or reduce the permit fee for specified projects. The bill would authorize the applicant, if a city or county 327
rejects a fee waiver or fee reduction request, to submit the coastal development permit application directly to the commission.

Status: 5/25/2022-Referred to Com. on N.R. & W.

Government Operations and Economic Development
AB 2164 (Lee) Disability access: certified access specialist program: funding. (Amended: 5/19/2022) Link Current law requires the State Architect to establish and publicize a program for voluntary certification by the state of any person who meets specified criteria as a certified access specialist (CASp), as provided. Current law, on and after January 1, 2018, and until December 31, 2023, inclusive, requires any applicant for an original or renewal of a local business license or equivalent instrument or permit to pay an additional fee of $4 for that license, instrument, or permit, or in any city, county, or city and county that does not issue a business license or an equivalent instrument or permit, existing law requires an applicant for a building permit to pay an additional fee of $4, to be collected by the city, county, or city and county that issued the license, instrument, or permit for specified purposes related to disability access, including the CASp program. Commencing January 1, 2024, that fee is reduced to $1. Current law requires a portion of those fees to be deposited in the Disability Access and Education Revolving Fund. This bill would repeal the provision reducing the fee to $1 commencing January 1, 2024, thereby extending the operation of this fee at the amount of $4 indefinitely. By expanding the increased fee deposited into the Disability Access and Education Revolving Fund, this bill would make an appropriation.

Status: 5/26/2022-In Senate. Read first time. To Com. on RLS. for assignment.

SB 1044 (Durazo) Employers: state of emergency or emergency condition: retaliation. (Amended: 5/19/2022) Link Would prohibit an employer, in the event of a state of emergency or an emergency condition, as defined, from taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace within the affected area because the employee feels unsafe, except as specified. The bill would also prohibit an employer from preventing any employee, including employees of public entities, as specified, from accessing the employees mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to confirm their safety. The bill would require an employee to notify the employer of the state of emergency or emergency condition requiring the employee to leave or refuse to report to the workplace, as specified. The bill would clarify that these provisions are not intended to apply when an official state of emergency remains in place but emergency conditions that pose an imminent and ongoing risk of harm to the workplace, the worker, or the workers home have ceased.

Status: 5/26/2022-In Assembly. Read first time. Held at Desk.

SB 1088 (Bradford) Public employment: law enforcement labor relations. (Amended: 3/16/2022) Link The Public Safety Officers Procedural Bill of Rights Act grants a variety of employment rights and protections to public safety officers, as defined, including with respect to investigations, interrogations, and disciplinary procedures. This bill would prohibit a procedural violation of the act deemed to be without substantive effect, as specified, from being the basis for reversing or modifying discipline of a public safety officer.

Status: 5/27/2022-Failed Deadline pursuant to Rule 61(b)(11). (Last location was S. INACTIVE FILE on 5/27/2022) 328
Homelessness/Tenant Protections
AB 2325 (Rivas, Luz) Coordinated homelessness response: Office of the Interagency Council on Homelessness. (Amended: 4/25/2022) Link
Current law requires the Governor to establish the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council, and to appoint specified members of that coordinating council.

Current law requires agencies and departments administering state programs created on or after July 1, 2017, to collaborate with the council to adopt guidelines and regulations to incorporate core components of Housing First, as defined. Current law establishes the goals of the council, which include identifying mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. Current law requires that the coordinating council be under the direction of an executive director, who is under the direction of the Business, Consumer Services, and Housing Agency, and staffed by employees of that agency. This bill would place the California Interagency Council on Homelessness under the jurisdiction of the Office of the Interagency Council on Homelessness, which the bill would establish within the Governors office, under the control of a director, on or before September 30, 2023.

Status: 5/20/2022-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. SUSPENSE FILE on 5/18/2022) AB 2339 (Bloom) Housing element: emergency shelters: regional housing need. (Amended: 5/2/2022) Link The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes a housing element. Current law requires that the housing element identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and make adequate provision for the existing and projected needs of all economic segments of a community. Current law also requires that the housing element include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels. This bill would revise the requirements of the housing element, as described above, in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The bill would delete language regarding emergency shelter standards structured in relation to residential and commercial developments and instead require that emergency shelters only be subject to specified written, objective standards.

Status: 5/26/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2631 (O'Donnell) Government Claims Act. (Introduced: 2/18/2022) Link The Government Claims Act establishes the liability and immunity of a public entity for its acts or omissions that cause harm to persons. This bill would provide that a public entity is liable for injury relating to the effects of that public entitys homelessness policies on another public entity.

Status: 5/6/2022-Failed Deadline pursuant to Rule 61(b)(6). (Last location was A. L. GOV. on 3/10/2022) 329
SB 847 (Hurtado) COVID-19 relief: tenancy: grant program. (Amended: 4/28/2022) Link The COVID-19 Tenant Relief Act, until October 1, 2025, establishes procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. Current law, among other things, prohibits a tenant that delivers to a landlord or files with the court a declaration, under penalty of perjury, of COVID-19-related financial distress, as defined, from being deemed in default with regard to the COVID-19 rental debt, as prescribed. This bill would, until January 1, 2025, create a grant program under the administration of the department and would require the department to, among other things, award a program grant, as defined, to a qualified applicant who submits a complete application, as defined, on a first-come, first-served basis, except that the bill would require the program to provide grants to all tier one applicants, as defined, before processing the applications of other applicants, as specified. The bill would define qualified applicant to mean a landlord who satisfies certain criteria, including that the landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either received a negative final decision, as specified, or the landlord has been notified that an application to the State Rental Assistance Program was submitted, as specified, but 20 days have passed without a final decision being rendered.

Status: 5/27/2022-Referred to Coms. on JUD. and H. & C.D.

Housing, Land Use and Planning
AB 916 (Salas) Zoning: accessory dwelling units: bedroom addition. (Amended: 5/11/2022) Link The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. This bill would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities.

Status: 5/31/2022-In committee: Hearing postponed by committee.

AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022. (Amended: 5/11/2022) Link The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards. This bill would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including that all construction workers shall be paid at least the general prevailing rate of wages, as specified.

Status: 5/24/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2053 (Lee) The Social Housing Act. (Amended: 5/19/2022) Link 330
Would enact the Social Housing Act and would create the California Housing Authority, as an independent state body, the mission of which would be to produce and acquire social housing developments for the purpose of eliminating the gap between housing production and regional housing needs assessment targets, as specified. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed by the authority would be owned by the authority. The bill would prescribe the composition of the California Housing Authority Board, which would govern the authority, and would be composed of appointed members and members who are elected by residents of social housing developments, as specified. The bill would prescribe the powers and duties of the authority and the board. The bill would provide that the authority is bound to revenue neutrality, as defined, and would require the authority to recover the cost of development and operations over the life of its properties through the mechanism of rent cross-subsidization, as defined. The bill would require the authority to prioritize the development of specified property, including vacant parcels and parcels near transit, and would prescribe a process for the annual determination of required social housing units.

Status: 5/26/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2063 (Berman) Density bonuses: affordable housing impact fees. (Amended: 4/21/2022) Link Current law prohibits affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, from being imposed on a housing developments affordable units. This bill would prohibit affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, from being imposed on a housing developments density bonus units, unless the city, county, or city and county has adopted a local density bonus ordinance or established a local housing program on or before January 1, 2022, that allows for a density bonus of at least 50% for any for-sale or rental housing development containing restricted affordable units that dedicates a specified percentage of units for extremely low, very low, low-, or moderate-income households. By imposing new restrictions on the ability of a local government to impose affordable housing impact fees, the bill would impose a state-mandated local program.

Status: 5/20/2022-Failed Deadline pursuant to Rule 61(b)(8). (Last location was A. APPR. on 4/20/2022) AB 2094 (Rivas, Robert ) General plan: annual report: extremely low-income housing. (Amended: 5/24/2022) Link The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Current law requires the planning agency of a city or county to provide an annual report to certain specified entities by April 1 of each year that includes, among other information, the city or countys progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing, as specified. This bill would additionally require a city or countys annual report to include the localitys progress in meeting the housing needs of extremely low income households, as specified.

Status: 5/24/2022-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.

AB 2097 (Friedman) Residential and commercial development: parking requirements. (Amended: 5/19/2022) Link Would prohibit a public agency from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on residential, commercial, or other development if the development is located on a parcel that is within one-half mile of public transit, as defined. When a project provides parking voluntarily, the bill would authorize a public agency to impose specified requirements on the voluntary parking. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a new 331
multifamily or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. The bill would exempt certain commercial parking requirements from these provisions if the requirements of the bill conflict with an existing contractual agreement of the public agency that was executed before January 1, 2023.

Status: 5/27/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2234 (Rivas, Robert ) Planning and zoning: housing: postentitlement phase permits. (Amended: 5/2/2022) Link The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions.

This bill would require a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, as defined, to post an example of an ideal application and an example of an ideal complete set of postentitlement phase permits for the ___ most common housing development projects in the jurisdiction, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define local agency for these purposes to mean a city, county, or city and county. No later than January 1, 2024, except as specified, the bill would require a local agency to require permits to be applied for, completed, and stored through a process on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established.

Status: 5/26/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2357 (Ting) Surplus land. (Amended: 4/5/2022) Link
Current law prescribes requirements for the disposal of surplus land by a local agency, as defined, and requires, except as provided, a local agency disposing of surplus land to comply with certain notice requirements before disposing of the land or participating in negotiations to dispose of the land with a prospective transferee, particularly that the local agency send a notice of availability to specified entities that have notified the Department of Housing and Community Development of their interest in surplus land, as specified. Under current law, if the local agency receives a notice of interest, the local agency is required to engage in good faith negotiations with the entity desiring to purchase or lease the surplus land. This bill would also require the department to maintain on its internet website a listing of all entities, including housing sponsors, that have notified the department of their interest in surplus land for the purpose of developing low- and moderate-income housing.

Status: 5/26/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2469 (Wicks) Housing: Statewide Rental Registry. (Amended: 4/7/2022) Link 332
would require the Department of Housing and Community Development to develop and maintain a rental registry online portal designed to collect specified information related to housing and make that information available to the public.

The bill would require the department to develop a rental registry form to collect information from landlords, as defined, including the address and owners of a rental property, the number and type of rooms in the rental property, and information related to the payments collected and the duration of tenancies. This bill would require a landlord to submit a rental registry form when a lease is initiated, altered, or terminated, under penalty of perjury. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

Status: 4/29/2022-Failed Deadline pursuant to Rule 61(b)(5). (Last location was H. & C.D. on 3/10/2022) AB 2656 (Ting) Housing Accountability Act: disapprovals: California Environmental Quality Act. (Amended: 4/18/2022) Link
The Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes certain written findings based on a preponderance of the evidence in the record. The act defines disapprove the housing development project as including any instance in which a local agency either votes and disapproves a proposed housing development project application, including any required land use approvals or entitlements necessary for the issuance of a building permit, or fails to comply with specified time periods. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that the lead agency proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. This bill would define disapprove the housing development project as also including any instance in which a local agency denies a project an exemption from CEQA for which it is eligible, as described, or requires further environmental study to adopt a negative declaration or addendum for the project or to certify an environmental impact report for the project when there is a legally sufficient basis in the record before the local agency to adopt a negative declaration or addendum or to certify an environmental impact report without further study.

Status: 5/27/2022-In Senate. Read first time. To Com. on RLS. for assignment.

SB 897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units. (Amended: 5/19/2022) Link The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define objective standard as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified.

Status: 5/26/2022-In Assembly. Read first time. Held at Desk.

SB 1032 (Becker) Public Utilities Commission: electrical transmission grid development and expansion: study. (Amended: 4/28/2022) Link
333
Under current law, it is the policy of the state that eligible renewable energy resources and zero-carbon resources supply 100% of all retail sales of electricity to California end-use customers and 100% of electricity procured to serve all state agencies by December 31, 2045. Current law requires the Public Utilities Commission to submit various reports to the Legislature. This bill would require the commission, on or before January 1, 2024, to submit to the Governor and the Legislature a study identifying proposals to accelerate the development of, and reduce the cost to ratepayers of expanding, the states electrical transmission grid as necessary to achieve the states goals, and meet the states requirements, to reduce the emissions of greenhouse gases, as specified.

Status: 5/27/2022-Referred to Com. on U. & E.

Public Safety and EMS
AB 2294 (Jones-Sawyer) Diversion for repeat retail theft crimes. (Amended: 4/18/2022) Link Current law requires a peace officer to release a person who has been arrested for a misdemeanor after securing that persons promise to appear, as specified, unless certain conditions are met for nonrelease, including, among others, there is reason to believe that the person would not appear as required or there was a reasonable likelihood that the offense or offenses for which the person was arrested would continue or resume. This bill, until January 1, 2026, would include in the reasons for nonrelease that the person has been cited, arrested, or convicted for misdemeanor or felony theft from a store in the previous 6 months and that there is probable cause to believe that the person arrested is guilty of committing organized retail theft.

Status: 5/27/2022-In Senate. Read first time. To Com. on RLS. for assignment.

Client Position:

Notes:

SB 1338 (Umberg) Community Assistance, Recovery, and Empowerment (CARE) Court Program. (Amended: 5/19/2022) Link
Would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are suffering from schizophrenia spectrum and psychotic disorders and who meet other specified criteria. The bill would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the acts that support the petitioners assertion that the respondent meets the CARE criteria. The bill would also specify the schedule of review hearings required if the respondent is ordered to comply with an up to one-year CARE plan by the court. The bill would make the hearings in a CARE proceeding confidential and not open to the public, thereby limiting public access to a meeting of a public body. The bill would authorize the CARE plan to be extended once, for up to one year, and prescribes the requirement for the graduation plan that is required upon leaving the CARE program.

Status: 5/26/2022-In Assembly. Read first time. Held at Desk. 334
Revenue and Taxation
AB 1951 (Grayson) Sales and use tax: exemptions: manufacturing. (Amended: 5/19/2022) Link The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased by a qualified person for purchases not exceeding $200,000,000, for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified; qualified tangible personal property purchased for use by a qualified person to be used primarily in research and development, as provided; qualified tangible personal property purchased for use by a qualified person to be used primarily to maintain, repair, measure, or test any qualified tangible personal property, as provided; and qualified tangible personal property purchased by a contractor purchasing that property for use in the performance of a construction contract for the qualified person, that will use that property as an integral part of specified processes.

Current law, on and after January 1, 2018, and before July 1, 2030, additionally exempts from those taxes the sale of, and the storage, use, or other consumption of, qualified tangible personal property purchased for use by a qualified person to be used primarily in the generation or production, as defined, or storage and distribution, as defined, of electric power. This bill would, on and after January 1, 2023, and before January 1, 2028, make this a full exemption for purchases not exceeding $200,000,000. The bill would repeal these provisions on January 1, 2028, and would revert to the above-described partial exemption on that date.

Status: 5/26/2022-In Senate. Read first time. To Com. on RLS. for assignment.

Transportation and Public Works
AB 1717 (Aguiar-Curry) Public works: definition. (Amended: 5/19/2022) Link Current law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Current law defines the term public works for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except as specified. Current law makes a willful violation of laws relating to the payment of prevailing wages on public works a misdemeanor. This bill would expand the definition of public works to include fuel reduction work done under contract and paid for in whole or in part out of public funds performed as part of a fire mitigation project, as specified.

Status: 5/27/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2237 (Friedman) Transportation planning: regional transportation improvement plan: sustainable communities strategies: climate goals. (Amended: 5/19/2022) Link
Current law requires certain transportation planning agencies to prepare and adopt regional transportation plans directed at achieving a coordinated and balanced regional transportation system. Existing law requires each regional transportation plan to also include a sustainable communities strategy prepared by each metropolitan planning organization. Current law requires each regional transportation planning agency or county transportation commission to biennially adopt and submit to the California Transportation Commission and the Department of Transportation a 5-year regional transportation improvement program that includes, among other things, regional transportation improvement projects and programs proposed to be funded, in whole or in part, in the state transportation improvement program.

This bill would require that those projects and programs included in each regional transportation improvement program also be consistent with the most recently prepared sustainable communities strategy of the regional transportation planning agency or county transportation commission and the states climate goals, as defined. The bill would require 335
each regional transportation planning agency or county transportation commission to rank all transportation projects and prioritize projects based on adherence to its most recently adopted sustainable communities strategy and the states climate goals, prioritize funding and implementing projects in the order of prioritization, and submit the prioritized list to the state board and the California Transportation Commission.

Status: 5/26/2022-In Senate. Read first time. To Com. on RLS. for assignment.

AB 2807 (Bonta, Mia) Transportation funding programs: eligibility: public transportation ferries. (Amended: 4/21/2022) Link
Current law establishes the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, which is administered by the State Air Resources Board, in conjunction with the State Energy Resources Conservation and Development Commission, to fund development, demonstration, precommercial pilot, and early commercial deployment of zero- and near-zero-emission truck, bus, and off-road vehicle and equipment technologies. This bill would expand the purposes of the program to include the funding of the development, demonstration, precommercial pilot, and early commercial deployment of zero- and near-zero-emission public transportation ferry technologies.

Status: 5/19/2022-Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0.) In Senate. Read first time. To Com. on RLS. for assignment.

AB 2953 (Salas) Department of Transportation and local agencies: streets and highways: recycled materials. (Amended: 3/17/2022) Link
Would require the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. The bill would require, beginning January 1, 2024, a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, as specified. The bill would exempt cities and counties whose revenues do not exceed specified thresholds from these requirements. By increasing the duties of local agencies, this bill would impose a state-mandated local program.

Status: 5/24/2022-In Senate. Read first time. To Com. on RLS. for assignment.

SB 922 (Wiener) California Environmental Quality Act: exemptions: transportation-related projects. (Amended: 5/11/2022) Link
The California Environmental Quality Act (CEQA) until January 1, 2030, exempts from its requirements bicycle transportation plans for an urbanized area for restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles under certain conditions. This bill would delete the requirement that the bicycle transportation plan is for an urbanized area. The bill would extend the exemption to an active transportation plan or pedestrian plan. The bill would define active transportation plan and pedestrian plan. The bill would specify that individual projects that are a part of an active transportation plan or pedestrian plan remain subject to the requirements of CEQA unless those projects are exempt by another provision of law.

Status: 5/27/2022-Referred to Com. on NAT. RES.
336
SB 932 (Portantino) General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. (Amended: 5/4/2022) Link
Current law states the Legislatures intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.

This bill would emphasize the intent of the Legislature to fight climate change with these provisions.

Status: 5/27/2022-Referred to Coms. on L. GOV. and TRANS.

Water
AB 2106 (Rivas, Robert ) Water quality: permits. (Amended: 5/19/2022) Link The State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Current law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided. Current law authorizes the state board to require a person submitting a report to the state board, a regional board, or a local agency to submit the report in electronic format. This bill would require, on or before December 31, 2024, the state board to modernize its stormwater data collection systems through specified actions.

Status: 5/26/2022-In Senate. Read first time. To Com. on RLS. for assignment.

SB 1157 (Hertzberg) Urban water use objectives: indoor residential water use. (Introduced: 2/17/2022) Link Current law requires the Department of Water Resources, in coordination with the State Water Resources Control Board, and including collaboration with and input from stakeholders, to conduct necessary studies and investigations and authorizes the department and the board to jointly recommend to the Legislature a standard for indoor residential water use. Current law, until January 1, 2025, establishes 55 gallons per capita daily as the standard for indoor residential water use. Existing law establishes, beginning January 1, 2025, the greater of 52.5 gallons per capita daily or a standard recommended by the department and the board as the standard for indoor residential water use, and beginning January 1, 2030, establishes the greater of 50 gallons per capita daily or a standard recommended by the department and the board as the standard for indoor residential water use. This bill would eliminate the option of using the greater of 52.5 gallons per capita daily and the greater of 50 gallons per capita daily, as applicable, or a standard recommended by the department and the board as the standard for indoor residential water use.

Status: 5/5/2022-Referred to Com. on W.,P., & W.
337
DATE: June 6, 2022

TO: Mayor and Members of the City Council

FROM: Edmund Suen, Interim City Manager

SUBJECT: PUBLIC HEARING FOR FY 2022-2023 PRELIMINARY BUDGET

RECOMMENDATION
It is recommended that the City Council/EMID Board (“City Council”) receive public comments regarding the FY 2022-2023 Preliminary Budget and provide final direction relative to the budget. Any direction provided from the City Council, via Minute Order, as a result of the public hearing will then be incorporated in the FY 2022-2023 Final Budget for adoption on June 20, 2022. The Five-Year Financial Plan will also be updated based on the Final Budget for FY 2022-2023.

EXECUTIVE SUMMARY
The City Council held Special Meetings/Budget Study Sessions on February 28, March 21 and 28, and April 18 to review various aspects of the preliminary budget for FY 2022-2023. The City Council reviewed the entire preliminary budget (available on the City’s website) at a Budget Study Session held on May 9, 2022.

The public hearing this evening allows the public an opportunity to comment on the preliminary budget and for the City Council to consider this input before providing direction with respect to the final budget for FY 2022-2023, which is scheduled for adoption on June 20, 2022.
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BACKGROUND AND ANALYSIS
On May 9, City staff presented the FY 2022-2023 preliminary budget and 5- year financial plan for the General Fund (Funds 001-003). Based on City Council’s direction to postpone a decision on the use of the FY 2020-2021 $4.3 million rollover surplus until such time economic development projects can be identified as an alternative option besides paying down the City’s CalPERS unfunded accrued liability, the 5-year financial plan is as follows:

As highlighted in yellow in the table above, the City is looking at a multi-year structural deficit for the entirety of the 5-year financial plan. In addition, there is a continuing threat from the State to take local Excess ERAF funds to circumvent their obligation to fund San Mateo County and cities’ property tax in lieu of vehicle license fee revenues. While there is no definitive outcome at the time of the writing of this report, City staff will continue to monitor this important issue. Notwithstanding, City staff is proactively addressing our structural deficit issue and has provided a separate staff report this evening to consider an increase in the City Business License Tax gross receipts cap as a potential revenue ballot measure for the November 2022 general election.

It would be appropriate for the City Council to receive public testimony relative to the preliminary FY 2022-2023 Budget at this time. Upon hearing public testimony, City staff recommends that the City Council provide direction towards the preparation of the final FY 2022-2023 Budget, which is scheduled for the June 20, 2022 City Council regular meeting for approval. 339

FISCAL IMPACT
Based on City Council direction from tonight’s public hearing, City staff will incorporate adjustments, if any, in the FY 2022-2023 Final Budget for adoption on June 20, 2022. The preliminary budget can be found at https://www.fostercity.org/sites/default/files/fileattachments/financial_services/ page/3521/fy_2022-2023_preliminary_budget_v220601.pdf.

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. 340
DATE: June 6, 2022

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

VIA: Edmund Suen, Interim City/District Manager

FROM: Louis Sun, Public Works Director

SUBJECT: ESTABLISHING WATER RATES FOR FISCAL YEAR 2022-2023

RECOMMENDATION
It is recommended that the City Council of the City of Foster City and Board of Directors of the Estero Municipal Improvement District (EMID):

1. Open the Public Hearing to receive comments on proposed Water Rates for Fiscal Year 2022-2023; and

2. After considering the staff report and the public testimony and determining that a majority protest does not exist, adopt the attached resolution amending the Master Fees and Service Charges Schedule establishing new Water Rates effective July 1, 2022.

EXECUTIVE SUMMARY
On March 28, 2022, the EMID Board held a Budget Study Session to consider an analysis by EMID's rate consultant, Bartle Wells Associates (BWA), of proposed water rates for FY 2022-2023 and the existing adopted five-year wastewater rates through FY 2024-2025. Pursuant to direction received from the EMID Board at that meeting, staff prepared a public hearing notice of the maximum new water rates to be adopted for FY 2022-2023. 341
As a courtesy, the notice also included information about the previously adopted Wastewater rates and indicated that there would be no discussion of these rates at the public hearing. Wastewater rates were adopted for the five year period in order to secure the lowest cost financing for the District’s share of the Clean Water Infrastructure Improvement Project at the jointly-owned Wastewater Treatment Plan.

In conformance with Proposition 218, the Estero Municipal Improvement District (District) mailed the public hearing notice with the proposed rates to all record property owners and customers of record on April 22, 2022.

BWA recommends that the District implement a 3.0% volumetric rate increase and a 5.0% meter charge increase for Rate Year 2022-2023 Water Rates.

The proposed rates provide adequate revenue for operations, capital expenditures and transfers, account for water loss, and maintain the operating fund balance at or above target levels. A significant driver for the proposed rate increases is to smooth District rate adjustments due to projected increases in the San Francisco Public Utilities Commission (SFPUC) wholesale water rates and to provide necessary revenue for the maintenance, operation and capital costs associated with the water distribution enterprise over a five year term.

BACKGROUND
The District provides water service to a population of approximately 37,700.

Over 80% of all water accounts utilize the smallest meter size (3/4”) which is typically associated with single family residential accounts. There are approximately 8,206 total water accounts, including both water service and private fire protection service accounts.

Water bills are composed of a fixed monthly charge for water system availability that is based upon the size of water meter for domestic accounts and the line size for fire line accounts, plus a consumption charge calculated on the metered water use based on the cost of the water that is delivered to the account.

On March 28, 2022, the EMID Board held a Budget Study Session regarding water rates for FY 2022-2023. At the Budget Study Session, the EMID Board considered information developed by EMID's rate consultant, Bartle Wells Associates (BWA). Based upon that analysis, the EMID Board directed staff to prepare a Proposition 218 notice for an adjustment of water rates for FY 342
2022-2023 per the consultant’s analysis, and to proceed with implementing previously adopted rates for wastewater services. Pursuant to that direction and in conformance with Proposition 218, staff prepared a public hearing notice that included the proposed water rates. The Estero Municipal Improvement District (District) mailed the public hearing notice with the proposed rates on April 22, 2022. As required, this notice described the proposed increases to water rates for FY 2022-2023. As a courtesy to customers, the notices also described the previously approved increase of wastewater rates through FY 2024-2025 but indicated that these rates would not be discussed at tonight’s meeting.

ANALYSIS
BWA recommends that the District implement a 3.0% volumetric rate increase and a 5.0% meter charge increase for Rate Year 2022-2023 Water Rates.

The proposed rates provide for adequate revenue for operations, capital expenditures and transfers, account for water loss, and maintain the operating fund balance at or above target levels.
Operational Costs: The District’s projected operating expenditures are anticipated to increase over the next five years by 24%, or 13% if excluding water purchases and bond repayment.
Capital Funding: EMID’s strategy for funding long-term capital water improvements calls for an annual transfer from water operating revenues to the City’s Capital Improvement Fund to fund those projects over the next fifteen (15) years. The proposed rate projections include a transfer out of $2,500,000 for FY 2022-2023.
Conservation Costs: The rate model includes an allocation of $200,000 to the Water Sustainability Rebate Program for FY 2022-2023 to continue to support voluntary water conservation efforts.

Table 3 from the Bartle Wells Associates (BWA) analysis (Exhibit B) provides a comparison of current water rates to proposed rates.
343
A significant driver for the proposed rate increases is to smooth District rate adjustments due to projected increases in the San Francisco Public Utilities Commission (SFPUC) wholesale water rates and to provide necessary revenue for the maintenance, operation and capital costs associated with the water distribution enterprise over a five-year term. Additionally, for each unit of water purchased, the City pays a surcharge to the Bay Area Water Supply and Conservation Agency for improvements to the regional Hetch Hetchy Reservoir water delivery system. The $4.8 billion improvement project, which spans approximately 200 miles over two (2) major California fault lines, will ensure that the water system can continue to deliver water to customers in the event of a major earthquake. The improvements will also increase the capacity of reservoirs to handle periods of drought and replace or repair segments of the system that are over 100 years old. Although the improvement project is nearly complete, SFPUC operating costs and debt service are projected to increase over the next five years.

SFPUC rates are projected to increase by 16% from $4.10 to $4.75/ccf for the next year. The SFPUC rate model for FY 2024-2025 projects an additional

11.1% increase.
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The EMID Board has implemented a long-term rate smoothing model that takes into consideration long-range projections for wholesale water rates and significant capital improvements and maintains rate increases at no greater than 10% per year. The proposed FY 2022-2023 rates were prepared using this 10-year model, which has proven to be successful in dampening rate increases.

Table 5 - Projected Water Rate Impacts in Exhibit B provides projections for future rate impacts for single family ratepayers in FY 2022-2023 and into the future.

Rate Survey
The consultant surveyed communities along the San Francisco Peninsula to compare the District’s typical residential monthly water bill with neighboring communities. The results of the survey are summarized in the BWA report included as Exhibit B. Based upon the proposed rates, the District’s average monthly water bill for FY 2022-2023 for a single family customer is $74.85.

Since it is unknown what the comparator agencies are proposing for FY 2022- 2023, the District compares its current monthly residential water bills for FY 2021-2022 to the current rates for the neighboring agencies. The survey indicates the District’s water rates remain among the lowest on the Peninsula.

For FY 2021-2022, the average monthly water bill for the region (based on eight units of water for monthly usage) is $94.83 per month and the District’s current (FY 2021-2022) average monthly residential water bill is $72.16 per month, or nearly 25% less than the average.

Public Notice
Article XIII D, Section 3(a), added to the Constitution by Proposition 218, 345
allows agencies to adopt property-related fees, like water rates, if they issue a notice of public hearing to all ratepayers no less than forty-five (45) days prior to the date of the public hearing.

Attachment 3 is the Mailing Transaction Receipt for the Notice of Public Hearing (Resolution Exhibit A) that was prepared and mailed out on April 22, 2022, to property owners of record and non-owner account holders for the 8,206 water accounts served by EMID. The rate notice establishes the highest rate that the District is permitted to adopt at this Public Hearing. The District may adopt rates lower than the rates included in the Proposition 218 public hearing notice, but it may not adopt rates higher than those in the public hearing notice.

Per the requirements of Proposition 218, if more than a majority of accounts protest any proposed rate change, the EMID Board may not move forward with implementing the changes. Ratepayers and property owners are required to submit written protests to the City Clerk/District Secretary. As of May 15, 2022, the City/District had received no written protests. Protests may be made up to the close of the Public Hearing. A final number of protests will be reported at the District Board meeting, and if there is not a majority protest, then the District may proceed with adopting the noticed rates.

Public Notices for this meeting were advertised in compliance with applicable State statutes and local ordinances. All ratepayers were notified of the proposed rate increases by mail. If the EMID Board approves the proposed rates, no further notices will be sent to ratepayers other than a note on the bills indicating that rates were approved effective July 1, 2022, and that more information can be found on the City/District’s website or by calling the City/District.

Staff prepared the attached resolutions to incorporate the rate changes into the Master Fees and Service Charge Schedule. The proposed rates are based upon the data that was reviewed by, and direction received from, the EMID Board at its March 28, 2022 meeting.

FISCAL IMPACT
Proposed water rates for FY 2022-2023 will sufficiently cover the projected system expenditures while adhering to budget policy objectives established by the EMID Board related to enterprise funds. All fiscal impacts for the water system are borne by water system customers. There is no General Fund 346
impact.

CITY COUNCIL/EMID BOARD VISION, MISSION, AND VALUE/PRIORITY AREA
Establishing water rates to support the on-going water operation is consistent with the City Council/EMID Board’s Value/Priority Area of "Facilities and Infrastructure" to maintain a standard of excellence with regards to infrastructure, including streets, lagoon, levee, parks, water supply system, wastewater system, storm water collection system, and City facilities to preserve and enhance quality of life for future generations.

Attachments:
Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Exhibit A - Prop 218 Notice for FY 2022-2023
Exhibit B - Bartle Wells Associates Water and Wastewater Rate Study Analysis
Attachment 3 - Proposition 218 Notice Mailing Transaction Receipt 347
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ESTABLISHING WATER RATES FOR FISCAL YEAR 2022-2023

CITY OF FOSTER CITY
WHEREAS, on June 6, 2022, the City Council held a public hearing to consider changes to the Master Fees and Service Charges Schedule establishing water rates for Fiscal Year 2022-2023; and
WHEREAS, at its Budget Study Session held on March 28, 2022, the City Council reviewed detailed analyses of the District’s utility system operations, revenues, expenses and long-term capital improvement program; and
WHEREAS, the City Council determined to use a Two-Tier Hybrid Rate Smoothing Model for purposes of establishing water rates, and confirmed that it wished to maintain previously adopted wastewater rates for FY 2022-2023 based on a Bond Financing Wastewater Rate Smoothing Model, and based upon projected expenditures (including the District’s share of its joint costs with the City of San Mateo for a 20-year Wastewater Treatment Plant Master Improvements Project); and
WHEREAS, the City hired Bartle Wells Associates (“BWA”) to review the City’s water rates and make recommendations on rate increases for the next five years to reflect current costs of service and to create rates that are proportionate to the costs of service for each customer class; and
WHEREAS, BWA submitted a Water Rate Study dated March 18, 2022, (“Water Rate Study”), which recommends a revised water rate schedule for Fiscal Year 2023- 2024; and
WHEREAS, the City Council finds and determines that, based on the entire record before the City Council, including but not limited to the Staff Report and attachments thereto:
1) Revenues derived from the proposed water rates will not exceed the funds required to provide water service.
(2) Revenues derived from the proposed water rates will not be used for any purpose other than that for they were imposed.
(3) The amount of the water rates imposed upon any parcel or person as an incident of property ownership will not exceed the proportional cost of the service attributable to the parcel.
348
(4) The water rates are imposed for services that are actually used by, or immediately available to, the owner of the property in question. (5) The water rates are not being imposed for general government services; and WHEREAS, pursuant to the provisions of Article 13D, Section 6, of the California Constitution (e.g., Proposition 218), prior to extending, imposing or increasing water rates, property owners shall be provided at least 45 days’ notice of a public hearing to consider such modifications to the rates together with an explanation of: (1) the amount of the propose rates, (2) the basis on which the rates are calculated, (3) the reason for the rate modifications, and (4) the date, time and place of a public hearing to consider the rate modifications, together with an explanation of the rights of property owners to submit written protests to the proposed rate modifications. The proposed rate modifications may not be imposed if, prior to the close of the public hearing, written protests are submitted by property owners or tenants representing a majority of the properties subject to the modified rates (“majority protest”); and
WHEREAS, Notice of the public hearing to consider proposed adjustments to the water rates was mailed at least 45 days prior to the scheduled public hearing as required by state law (Cal. Cons. Art. XIIID, §6); and
WHEREAS, On June 6, 2022, the City Council conducted a public hearing, considered testimony, and at the conclusion of the hearing determined that a majority protest did not exist; and
WHEREAS, the Water Rate Study indicates water service charges require adjustments to allow for proper maintenance and replacement of existing utility infrastructure, and to provide adequate reserves for emergency; and WHEREAS, the attached Exhibit A and Exhibit B incorporate the City Council and EMID Board’s policy direction received at the City Council meeting on March 28, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY HEREBY RESOLVES AS FOLLOWS:

1. The City Council hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.

2. The procedures followed and the water rates referenced herein are in compliance with the California Constitution Article XIII D, California Government Code section 53755, and Health and Safety Code section 5471.

3. The City Council adopts rates noticed in the attached Exhibit A as the City Council’s new water service charges to be incorporated into the Master Fees and Service Charges Schedule for Fiscal Year 2022- 2023.

4. The City Council accepts and approves the Water Rate Study in the attached 349
Exhibit B setting forth the basis for the water service charge rates.

5. The City Council hereby finds that the water service charge rate increase is exempt from CEQA under the "General Rule", Section 15061 (b) (3), in that it can be seen with certainty that no environmental impacts will result from these actions, and under CEQA Guideline section 15273 as these actions apply only to rates and fees to obtain funds necessary to operate and maintain the water system.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
350
RESOLUTION NO.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT ESTABLISHING WATER RATES FOR FISCAL YEAR 2022- 2023

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, on June 6, 2022, the EMID Board held a public hearing to consider changes to the Master Fees and Service Charges Schedule establishing water rates for Fiscal Year 2022-2023; and
WHEREAS, at its Budget Study Session held on March 28, 2022, the EMID Board reviewed detailed analyses of the District’s utility system operations, revenues, expenses and long-term capital improvement program; and
WHEREAS, the EMID Board determined to use a Two-Tier Hybrid Rate Smoothing Model for purposes of establishing water rates, and confirmed that it wished to maintain previously adopted wastewater rates for FY 2022-2023 based on a Bond Financing Wastewater Rate Smoothing Model, and based upon projected expenditures (including the District’s share of its joint costs with the City of San Mateo for a 20-year Wastewater Treatment Plant Master Improvements Project); and
WHEREAS, the EMID hired Bartle Wells Associates (“BWA”) to review the EMID’s water rates and make recommendations on rate increases for the next five years to reflect current costs of service and to create rates that are proportionate to the costs of service for each customer class; and
WHEREAS, BWA submitted a Water Rate Study dated March 18, 2022, (“Water Rate Study”), which recommends a revised water rate schedule for Fiscal Year 2023- 2024; and
WHEREAS, the EMID Board finds and determines that, based on the entire record before the EMID Board, including but not limited to the Staff Report and attachments thereto:
1) Revenues derived from the proposed water rates will not exceed the funds required to provide water service.
(2) Revenues derived from the proposed water rates will not be used for any purpose other than that for they were imposed.
(3) The amount of the water rates imposed upon any parcel or person as an incident of property ownership will not exceed the proportional cost of the service attributable to the parcel.
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(4) The water rates are imposed for services that are actually used by, or immediately available to, the owner of the property in question. (5) The water rates are not being imposed for general government services; and WHEREAS, pursuant to the provisions of Article 13D, Section 6, of the California Constitution (e.g., Proposition 218), prior to extending, imposing or increasing water rates, property owners shall be provided at least 45 days’ notice of a public hearing to consider such modifications to the rates together with an explanation of: (1) the amount of the propose rates, (2) the basis on which the rates are calculated, (3) the reason for the rate modifications, and (4) the date, time and place of a public hearing to consider the rate modifications, together with an explanation of the rights of property owners to submit written protests to the proposed rate modifications. The proposed rate modifications may not be imposed if, prior to the close of the public hearing, written protests are submitted by property owners or tenants representing a majority of the properties subject to the modified rates (“majority protest”); and
WHEREAS, Notice of the public hearing to consider proposed adjustments to the water rates was mailed at least 45 days prior to the scheduled public hearing as required by state law (Cal. Cons. Art. XIIID, §6); and
WHEREAS, On June 6, 2022, the EMID Board conducted a public hearing, considered testimony, and at the conclusion of the hearing determined that a majority protest did not exist; and
WHEREAS, the Water Rate Study indicates water service charges require adjustments to allow for proper maintenance and replacement of existing utility infrastructure, and to provide adequate reserves for emergency; and WHEREAS, the attached Exhibit A and Exhibit B incorporate the City Council and EMID Board’s policy direction received at the EMID Board meeting on March 28, 2022.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ESTERO
MUNICIPAL IMPROVEMENT DISTRICT HEREBY RESOLVES AS FOLLOWS:

1. The EMID Board hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.

2. The procedures followed and the water rates referenced herein are in compliance with the California Constitution Article XIII D, California Government Code section 53755, and Health and Safety Code section 5471.

3. The EMID Board adopts the rates noticed in the attached Exhibit A as the EMID Board’s new water and wastewater service charges to be incorporated into the Master Fees and Service Charges Schedule for Fiscal Year 2022- 2023.

4. The EMID Board accepts and approves the Water Rate Study in the attached 352
Exhibit B setting forth the basis for the water service charge rates.

5. The EMID Board hereby finds that the water service charge rate increase is exempt from CEQA under the "General Rule", Section 15061 (b) (3), in that it can be seen with certainty that no environmental impacts will result from these actions, and under CEQA Guideline section 15273 as these actions apply only to rates and fees to obtain funds necessary to operate and maintain the water system.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 6 th day of June, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, BOARD SECRETARY
353
Notice of Public
Hearing on Proposed
Water Rates
Estero Municipal
Improvement District
Monday, June 6, 2022
6:30 P.M.

SAID HEARING will be held by teleconference
and/or video conference at
www.fostercity.org/fctv and as a hybrid meeting
with an in-person component, subject to appropri-
ate regulations. The meeting address is 620 Fos-
ter City Boulevard, Foster City, CA 94404. Final
meeting location(s) will be listed on the published
agenda.

The public may participate by submitting com-
ments via email to [email protected]
or by providing live verbal public comment by
joining the meeting via teleconference and/or
video conference, or in person. Instructions on
how to join the meeting are included in the top
portion of the agenda posted at:
www.fostercity.org/agendasandminutes.

Rate Assistance Program
The District may be able to offer Rate Assistance
discounts to qualifying customers. To learn more or to
apply, go to: http://www.fostercity.org/WWRAP.

Water Conservation Tips
Water is a precious resource! Thank you for taking steps to reduce water consumption.
 Switch from lawn to a drought-tolerant landscape.
 Turn the faucet off while brushing your teeth to save about 1 gallon of water per minute.
 Run only full loads in the clothes washer or
dishwasher.
 Fix leaks around your home to save water and lower
your monthly bill.

Water Conservation Rebates
Get money to help pay for water-saving changes at your
home or business. The District offers the following
rebates and more:
 “Lawn Be Gone” Program
 Smart Irrigation Controller Rebate
 Synthetic Turf Rebate
 Sprinkler Head and Rotating Nozzle Rebate
For information on water conservation rebate
programs, go to:
https://www.fostercity.org/publicworks/page/water-
conservation-rebate-programs
Questions
If you have questions regarding this notice, please
contact (650) 286-3270 or [email protected].

Estero Municipal Improvement District
610 Foster City Boulevard
Foster City, CA 94404
You are hereby notified, pursuant to Government Code Sec- tion 53759, that any judicial action or proceeding to attack, review, set aside, void, validate, or annul the District Board’s adoption of the proposed water rates must be commenced
within 120 days of the effective date or of the date of the final passage, adoption, or approval of the ordinance or resolution adopting the water rates.

XXX
XXX
XXX

PRESORT
Standard
U.S. Postage
Paid
Mailed from
Zip Code
92899
Permit #146
XXX
XXX
XXX

PRESORT
Standard
U.S. Postage
Paid
Mailed from
Zip Code
92899
Permit #146
Exhibit A
354
Public Hearing Notice
The Estero Municipal Improvement District (EMID) will hold a public hearing to establish new water rates for FY 2022- 2023 with an increase of 5% for fixed water charges and 3% for variable water charges. As a water customer or owner of record for a property that receives water service, we are informing you that the District Board will hold a public hear- ing on June 6, 2022, at 6:30 p.m. to consider proposed
changes to its current rates to take effect on July 1, 2022.

Why are new water rates being proposed?
A significant driver for the proposed rate increases is to smooth District rate adjustments due to projected increases in the San Francisco Public Utilities Commission (SFPUC) wholesale water rate. The SFPUC, the sole water supplier for the District, projects that its wholesale rate will increase from $4.10 per hundred cubic feet (ccf) in FY 2022 to $4.75 in FY 2023 and $5.28 FY 2024. These increases are includ- ed in the projected rates.

Other adjustments were required to provide necessary reve- nue for the maintenance, operational and capital costs asso- ciated with the water distribution enterprise.

Protest of Proposed Rates
Anyone may appear and be heard on any matter relating to the proposed water rates. Any record owner of a parcel upon which fees are proposed, or any tenant directly responsible for the payment of water service fees (i.e. a customer of record), may submit a written protest to the City Clerk / Dis- trict Secretary at the return address in this notice. Per Propo- sition 218, only one protest per parcel will be counted. A written protest must include: (1) the address of the impacted property; (2) a statement that the protest is submitted in opposition to increases to the water rate; and (3) the name and original signature of the person submitting the protest. If the District does not receive written protests against the proposed service charges by a majority of the affected
parcels by the end of the public hearing, then the District is authorized to approve the proposed rates.

Proposed Water Rate Changes
The proposed water rates were calculated to ensure that all customers are paying rates that are proportionate to each customer’s costs of service. The proposed rate revisions that will be considered by the City Council are based on a water rate study (“Study”) conducted by Bartle Wells Associ- ates. The Study is available on the City’s website:
www.fostercity.org/publicworks/page/water-and-wastewater- rates
Single-Family Residences
Single-family residences with responsibility for indoor (domestic) and outdoor (irrigation) water uses are placed in a tiered rate structure whereby the cost of water increases based on the amount of water used in a bi-monthly billing cycle as follows:

Multi-Family Residences (per living unit)
Multi-family residences with responsibility for indoor water uses are placed in a tiered rate structure whereby the cost of water increases based on the amount of water used in a bi- monthly billing cycle as follows:

Irrigation Customers
Irrigation customers with separate irrigation water meters are provided an individually-prepared water budget based on the square footage of landscaping being watered. Usage
within the water budget allotment will be charged at
$6.10/ccf. Usage over the water budget allotment will be charged $6.70/ccf for every unit of water over the allotment.

Customized reports through the year let customers know
how they are doing in water use.

Commercial Customers and Fire Line
- - - - - - - - - - - -
Note: One (1) CCF = 748 gallons
Fixed Meter Charges
The fixed water meter charge is proposed to be increased by

5.0% to ensure funding for the continued safe delivery of water through the system. The meter ratios are based on meter size in compliance with the American Water Works
Association.

Why is There No Public Hearing for Wastewater Rates?
The District Board previously approved rate increases of

14.25% per year from FY 2020-2021 to FY 2022-2023, a
10% increase for FY 2023-2024, and a 2% increase for FY 2024-2025 to support debt-financing costs associated with the District’s share of expanding the Wastewater Treatment Plant jointly owned with the City of San Mateo. These rate adjustments are already approved and no further adjust- ments are proposed at this time.

Tier (#ccf) Current Proposed FY 2022-2023
Tier 1—0 to 20 $5.92 $6.10
Tier 2—Over 20 6.55 6.64
Tier (#ccf) Current Proposed FY 2022-2023
Tier 1—0 to 10 $5.92 $6.10
Tier 2—Over 10 6.57 6.68
Water Budget Consumption Current Proposed FY 2022-2023
<= 100% $5.92 $6.10
> 100% 6.51 6.70
Consumption Current Proposed FY 2022-2023
All Usage $6.04 $6.21
Monthly Charge Current Proposed FY 2022-2023 Domestic and/or Irrigation Customers
5/8” and 3/4” $24.80 $26.05
1” 41.33 43.42

1.5” 99.20 104.20
2” 132.27 138.93
3” 289.33 303.92
4” 520.80 547.05
6” 1,157.33 1,215.67
Private Fire Service Protection Meter
1” 34.72 36.47

1.5” 34.72 36.47
2” 46.38 48.71
3” 101.18 106.28
4” 182.28 191.47
6” 404.98 425.40
8” or greater 694.40 729.40
8” or greater 1,984.00 2,084.00
5/8” and 3/4” $34.72 36.47
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2625 Alcatraz Ave, #602
Berkeley, CA 94705
Tel 510 653 3399
www.bartlewells.com
DATE: March 18th, 2022
TO: City of Foster City/Estero Municipal Improvement District FROM: Bartle Wells Associates
SUBJECT: Water and Wastewater Rate Study Update Results

SUMMARY OF FINDINGS AND RECOMMENDATIONS
Introduction and Background
The Estero Municipal Improvement District (District ) engaged Bartle Wel ls Associates (BWA) to develop 10-year financial projections for the District’s Water and Wastewater Enterprises and to recommend water and wastewater rate adjustments for the next five- year period. BWA last conducted formal rate studies in 2021, which resulted in a one-year rate approval for water rates for FY 2022. No public hearing was held for wastewater, as the adopted wastewater rates were determined to be adequate.

Current and projected water service rates are in the lower range compared to other agencies on the Peninsula and wastewater service rates are in the middle range compared to other agencies o n the Peninsula. The District water and wastewater enterprises face unique infrastructure funding challenges.

Water
The primary driver for the proposed rate increases is to smooth District rate increases due to projected increases in the San Francisco Public Utilities Commission (SFPUC) wholesale water rate. The District faces costs associated with the $4. 8 billion Water System Improvement Project (WSIP) to upgrade the Hetch Hetchy Water System , resulting in significant additional wholesale SFPUC rate increases beginning in FY 2023. The program consists of 87 projects - 35 local projects located within San F rancisco and 52 regional projects, spread over seven counties from the Sierra foothills to San Francisco. The San Francisco portion of the program is 100% complete as of October 2020. The Regional Portion is approximately 99% complete. The current forecast ed date to complete the overall WSIP is May 2023, however SFPUC operating costs and debt service are projected to increase over the next five years.

Exhibit B
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The San Francisco Public Utilities Commission (SFPUC), the sole source of water supply for the District, released updated projections for their wholesale rate for the next two years (FY 2023 & FY 2024). SFPUC is projecting the current rate of $4.10 in FY 2022 per hundred cubic feet (ccf) will increase to $4.75 in FY 2023 and $5.28 in FY 2024.

SFPUC rates were historically held level at $4.10/ccf for six years despite escalating SFPUC debt service and operating costs through use of a balancing account . The balancing account was built up from SFPUC wholesale water sales exceeding projections used in rate setting . The increases in the SFPUC wholesale rates are due to the fund balance reaching zero. SFPUC rates are projected to increase by 15.9% in FY 202 3, 11.2% in FY 2024, 0% in FY 2025, and 0% in FY 2026.

While SFPUC wholesale rates were held flat, the District has been gradually increasing its volumetric rates in anticipation of large projected wholesale rate increases by SFPUC.

While the large wholesale rate increases have come to fruition, the District’s rates have been phased in to avoid sharp increases based on a rate smoothing model.

The District will also continue to make annual payments, projected to be $ 699,284 in FY 2023, to the Bay Area Water Supply and Conservation Agency (BAWSCA) for the WSIP capital improvements that were funded through the issuance of bonds. The water enterprise’s single largest cost is water purchases from SFPUC.

BWA proposed water rates are designed to maintain the operating f und above target levels (90 days operating expenses in reserves) and cover District operating and capital costs. Excluding water purchase and capital related costs, District operating costs are projected to increase by about 3% per year. Additionally, t he District is projected to increase the capital set aside from $680,000 per year to $2,500,000 in FY 2023, $1,750,000 in FY 2024 and $1,000,000 per year thereafter. The additional capital transfers are needed to fund capital projects. Proposed water rates are based on 11% water loss held level from the previous study . That is, 89% of the water EMID purchases is sold to retail customers.

To maintain the operating reserve s, fund the increased capital set aside, and phase in volumetric rates, BWA recommends the District implement a 3% volumetric rate increase and a 5% meter charge increase in FY 202 3. The average bill for a single family home would increase by 3.7% or $2.69 per month.

Detailed water rate calculations are shown in APPENDIX C. 357

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Wastewater
The District has entered into a Joint Powers Agreement with the City of San Mateo where the District receives treatment of its wastewater via the San Mateo Wastewater Treatment Plant (WWTP). The District is responsible for its share of operating and maintenance costs that San M ateo (as the lead agency and the contracting party) incurs treating the District’ s wastewater, as well as approximately 24% of the WWTP improvement costs incurred as part of the Clean Water Program (CWP), a 10 -year comprehensive capital improvement project initiated in 2014 . The Cities of San Mateo and Foster City (District) are expanding the jointly owned WWTP at an estimated cost of $670 MM with $15 3 MM of that falling under Foster City’s contributions. This is in addition to local capital projects for the District’s own wastewater collection system. The wastewater enterprise intends to fund collection system capital expenditures through annual transfers from the operating fund to the capital improvement fund.

In June 2020, to fund the anticipated costs of the WWTP CWP improvements, the District Board approved 5 years of wastewater rate increases: three 14.25% per increases in FY 2021 through FY 2023, a 10% wastewater rate increase in FY 2024, and a 2% increase in FY 2025. BWA’s 2022 analysis shows that the District has adequate financing capacity for projected debt issuances in the next several years. No additional rate increases thereafter are projected, however BWA recommends reevaluating outer year increases over the next several years as financing terms and capital costs materialize.

Detailed wastewater rate calculations are shown in APPENDIX E.

Rate Surveys
A survey of communities along the San Francisco Peninsula was conducted to compare the District’s typical residential monthly water and wastewater bills with neighboring communities. The results of the water survey are summarized in APPENDIX B and the results of the wastewater survey are summarized in APPENDIX D.

The water survey compares an average monthly water bill for 8 units of water which would be a common residential consumption. Including the recommended increase, the District’s average monthly water bill proposed for FY 2023 is $74.85. Since it is unknown what the comparator agencies are proposing for FY 2023, the District compares its FY 358

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2022 monthly residential water bills to the FY 2022 monthly residential water bills for the neighboring agencies. The survey indicates that the District’s water rates are among the lowest on the Peninsula. The average monthly water bill for the region is $94.83 per month and the District’s average monthly residential water bill is $72.16 per month, or about 24% less. Since the proposed increase is also less than the FY 2022 average, it is likely that EMID customers will continue to pay much lower than average water bills.

Including the recommended increase, the District’s proposed monthly wastewater bill for FY 2023 is $127.06. Since it is unknown what the comparator agencies are proposing for FY 2023, the District compares its FY 2022 monthly residential wastewater bills to the FY 2022 monthly residential wastewater bills for the neighboring agencies. The survey indicates that the District’s current wastewater rates are slightly below the average amongst its comparator agencies. The average monthly bill for the region is $115.57 and the District’s rate is $111.21 per month, or about 3.8% less. When the previously approved 14.25% increase is implemented, it is likely that the District’s rates will exceed the average monthly bill among comparator agencies for FY 2023, although the actual position will not be known until all agencies have approved their rates. 359

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Water Enterprise Fund
The District currently provides water service to a population of approximately 3 6,500.

Most of the District’s customers are residential. Table 1 shows the approximately 8,206 accounts/meters that allow for water service and fire protection service.

Table 1
City of Foster City / Estero Municipal Improvement District Water Meters By Size
Data as of: 02/06/22
Water Service
3/4" 6,780 1.00 6,780
1" 458 1.67 763
1-1/2" 171 4.00 684
2" 380 5.33 2,027
3" 89 11.67 1,038
4" 55 21.00 1,155
6" 28 46.67 1,307
8" or greater 20 80.00 1,600
Subtotal 7,981 15,354
Private Fire Protection Service
3/4" 0 1.40 0
1" 7 1.40 10
1-1/2" 3 1.40 4
2" 0 1.87 0
3" 2 4.08 8
4" 35 7.35 257
6" 95 16.33 1,551
8" or greater 83 28.00 2,324 Subtotal 225 4,155
Total 8,206 19,509
Source: Foster City/Estero Municipal Improvement District water use records [2] Private fire protection service ratio based on the fire service line; Resolution No. 2715 [3] Equals the number of accounts multiplied by the meter ratio for each meter size.

Meter Size Accounts Meter Ratio1,2 Est. Meter Equivalents3 [1] The meter ratios shall be based on meter size in compliance with ratios established by the American Water Works Association (AWWA) Sizing Water Service Lines and Meters M22, Second Edition, 2004 (M22 Manual)
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Table 2 illustrates the current reserves that the District can draw down in case of emergency or to smooth any “rate shocks” to its customers. In recent years reserves were used as a buffer due to unexpected increases in system water losses.

The District is meeting its 90-day operating fund reserve target in FY 2022 (estimated to be $3.85 million.)

The wholesale water purchase rates that SFPUC is projecting through FY 2026 are shown graphically in CHART A. The SFPUC also collects the BAWSCA Bond Surcharge from the District. The chart incorporates the BAWSCA Bond Surcharge estimated at $0.38 cents per ccf. The SFPUC rates and BAWSCA surcharge combined are projected to increase from FY 2022 to FY 202 4 from $4.48/ccf ($4.10 SFPUC + $ 0.38 BAWSCA) to $5. 66/ccf ($5.28 + $0.38 BAWSCA).

Table 2
City of Foster City / Estero Municipal Improvement District Water Enterprise Operating Reserves
July 1, 2021
Fund Reserve Component Reserve Balance
Reserved for Maintenance & Operation (401) $7,293,780
Total $7,293,780
operating expenditures.

Note: Rate model only includes fund reserve components available to fund ongoing Source: City of Foster City/Estero Municipal Improvement District Staff 361

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CHART A
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Table 3 summarizes the District’s projected operating expenditures which are anticipated to increase over the next five years by about 24%.

Table 3
City of Foster City / Estero Municipal Improvement District Water Enterprise O&M Projection
FY2022 FY2023 FY2024 FY2025 FY2026 FY2027
Employee Services 2,491,902 2,571,201 2,674,049 2,781,011 2,892,251 3,007,941 4.0% Internal Services - Others 831,786 981,778 1,006,322 1,031,481 1,057,268 1,083,699 2.5% Internal Services - ERF 633,532 510,436 523,197 536,277 549,684 563,426 2.5% Services & Supplies 830,740 706,362 724,021 742,122 760,675 779,691 2.5% SFPUC Water Purchases 8,824,980 10,246,000 11,423,000 11,465,000 11,507,000 11,894,000 varies BAWSCA Bond Repayment 810,408 699,284 699,284 699,284 699,284 699,284 Reallocation 1,186,431 1,251,440 1,282,726 1,314,794 1,347,664 1,381,356 2.5% Water Sustainability 200,000 200,000 200,000 200,000 200,000 200,000 Capital Outlay 13,000 5,500 5,638 5,778 5,923 6,071 2.5% TOTAL O&M Expenditures 15,822,779 17,172,001 18,538,237 18,775,746 19,019,748 19,615,469

8.5% 8.0% 1.3% 1.3% 3.1%
[1] Based on City/District Staff direction
Five Year Projection Annual %
Increase [1]Expenditures
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Table 4 summarizes the current water rates. The District has variable expenditures which are expenditures that are impacted by the amount of water its customers consume. These costs must be recouped via its volumetric water charge, $5.92 per ccf in FY 2022. Likewise, the District’s meter charges recover fixed expenditures, expenditures that are fixed regardless of amount of water that is consumed, $24.80 for a ¾” meter in FY 2022.

The District has a two-tiered model for its residential customers where higher levels of water consumption are subject to higher water rates based on a proportionate share of conservation program costs. Commercial customers are charged a uniform rate, which includes commercial customer’s proportionate share of conservation program costs.

For its irrigation customers, the District has worked with John Whitcomb of Waterfluence to assign each irrigation customer a water budget. Any water consumed above the irrigation customers allotted amount is subject to a higher Tier 2 rate based on each customer’s share of conservation program costs.

APPENDIX A shows District historical water use trends from the prior year. The trend has been an increase in residential usage and a decline in commercial water usage. BWA’s proposed rates are designed to match volumetric expenses (such as water purchases) with volumetric revenue. The rate structure mitigates over or under collecting revenue due to fluctuations in water use.
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Table 4
City of Foster City / Estero Municipal Improvement District Current Rates
Current Rates 2022
Fixed Meter Charge
Monthly Meter Charge
Meter Size
3/4" $24.80
1" $41.33
1-1/2" $99.20
2" $132.27
3" $289.33
4" $520.80
6" $1,157.33
8" or greater $1,984.00
Bi-Monthly Water Consumption Tiers and Rates
Single Family Residential
Tier 1 0-20 per ccf $5.92
Tier 2 Over 20 ccf $6.55
Multi-Family Residential
Tier 1 0-10 ccf per living unit $5.92
Tier 2 Over 10 ccf per living unit $6.57
Irrigation Customers
Tier 1 <=100% of annual budget $5.92
Tier 2 >100% of annual budget $6.51
Commercial and Fire Line
All usage $6.04
Monthly Private Fire Protection Charge
Meter Size
3/4" $34.72
1" $34.72
1-1/2" $34.72
2" $46.38
3" $101.18
4" $182.28
6" $404.98
8" or greater $694.40
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Low Income Discount
Currently Foster City has 11 customers enrolled in the Water/Wastewater Rate Assistance Program (WWRAP), which was implemented in 2020. Customers meeting the eligibility and qualification requirements below are granted a discount of up to $15 per month each on their qualifying Water and Wastewater accounts, not to exceed a $30 per month discount per customer. To be eligible for the WWRAP, customers must show that they qualify for the PG&E CARE Program or other public assistance program or submit proof of income eligibility.

According to Pacific Gas & Electric, 680 customers are enrolled in the PG&E CARE Program in Foster City. BWA estimates that approximately 227 of these customers are single family residential and therefore would be eligible for the discount. Multifamily units would not be eligible for the discount because water service is often not separately metered for each unit and the bill is typically not paid by the individual units.

The District funds the current low income discount through non-rate sources of revenue such as fines and penalties, cell tower lease and general fund revenue to maintain compliance with California Proposition 218.

The estimated maximum potential cost of a $30/month discount for 227 customers amounts to $82,000 per year. Since the low income discount revenue sources cannot be funded with rates, rates are unaffected by the decision on the terms of the program and hence are not required to be included in the Proposition 218 notification.

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APPENDIX A

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APPENDIX B
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APPENDIX C

Table 1
City of Foster City / Estero Municipal Improvement District Water Enterprise Cash Flow Projection - Residential Two Tier Rate Structure Hybrid Model Fiscal Year Ending June 30 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Assumptions:

Interest Earnings Rate 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% Revenue Increase from Growth [1] 0.00% 0.37% 0.37% 0.37% 0.37% 0.37% 0.37% 0.37% 0.37% 0.37% 0.37% Fixed Charge $24.80 $26.05 $27.35 $28.70 $30.15 $31.65 $33.25 $34.90 $36.65 $38.50 $40.45 Fixed Rate Adjustment 5.0% 5.0% 4.9% 5.1% 5.0% 5.1% 5.0% 5.0% 5.0% 5.1% SFR Variable Charge $5.92 $6.10 $6.28 $6.47 $6.66 $6.86 $7.06 $7.27 $7.48 $7.70 $7.93 Variable Rate Adjustment 3.0% 3.0% 3.0% 2.9% 3.0% 2.9% 3.0% 2.9% 2.9% 3.0% Monthly Service Charge Single Family (8 ccf) $72.16 $74.85 $77.59 $80.46 $83.43 $86.53 $89.73 $93.06 $96.49 $100.10 $103.89 Rate Adjustment 3.7% 3.7% 3.7% 3.7% 3.7% 3.7% 3.7% 3.7% 3.7% 3.8% Beginning Fund Balance $7,293,780 $8,432,000 $6,756,000 $5,155,800 $4,816,100 $5,021,400 $5,447,900 $6,108,600 $7,024,300 $8,202,000 $9,680,700 Revenues
Water Sales & Service Charges
Meter Charge Revenue Estimate 5,806,000 6,121,000 6,450,000 6,793,000 7,162,000 7,546,000 7,956,000 8,382,000 8,834,000 9,314,000 9,822,000 Volumetric Revenue Estimate 11,464,000 11,833,000 12,204,000 12,617,000 13,039,000 13,471,000 13,908,000 14,367,000 14,829,000 15,321,000 15,826,000 Connection Fees [1] 335,274 0 0 0 0 0 0 0 0 0 0
Interest Earnings - Operating Reserve [2] 36,000 42,000 34,000 26,000 24,000 25,000 27,000 31,000 35,000 41,000 48,000 Interest Earnings - Capital Improvement Fund [3] 0 0 0 0 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 0 0 0 0
Operating Revenues 17,641,274 17,996,000 18,688,000 19,436,000 20,225,000 21,042,000 21,891,000 22,780,000 23,698,000 24,676,000 25,696,000 Expenses
Employee Services 2,491,902 2,571,201 2,674,049 2,781,011 2,892,251 3,007,941 3,128,000 3,253,000 3,383,000 3,518,000 3,659,000 Internal Services - Others 831,786 981,778 1,006,322 1,031,481 1,057,268 1,083,699 1,111,000 1,139,000 1,167,000 1,196,000 1,226,000 Internal Services - ERF 633,532 510,436 523,197 536,277 549,684 563,426 578,000 592,000 607,000 622,000 638,000 Services & Supplies 830,740 706,362 724,021 742,122 760,675 779,691 799,000 819,000 839,000 860,000 882,000 SFPUC Water Purchases 8,824,980 10,246,000 11,423,000 11,465,000 11,507,000 11,894,000 12,293,000 12,705,000 13,132,000 13,572,000 14,027,000 BAWSCA Bond Repayment 810,408 699,284 699,284 699,284 699,284 699,284 699,284 699,284 699,284 699,284 699,284 Reallocation 1,186,431 1,251,440 1,282,726 1,314,794 1,347,664 1,381,356 1,416,000 1,451,000 1,487,000 1,524,000 1,562,000 Capital Outlay 13,000 5,500 5,638 5,778 5,923 6,071 6,000 6,000 6,000 6,000 6,000 Operating Expenses 15,622,779 16,972,001 18,338,237 18,575,746 18,819,748 19,415,469 20,030,284 20,664,284 21,320,284 21,997,284 22,699,284 Operating Net Revenues 2,018,495 1,023,999 349,763 860,254 1,405,252 1,626,531 1,860,716 2,115,716 2,377,716 2,678,716 2,996,716 Water Sustainability Fund Transfer 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 200,000 Capital Improvement Transfer [4] 680,000 2,500,000 1,750,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 Total Expenses 16,502,779 19,672,001 20,288,237 19,775,746 20,019,748 20,615,469 21,230,284 21,864,284 22,520,284 23,197,284 23,899,284 Revenues Less O&M Expenses 2,018,495 1,023,999 349,763 860,254 1,405,252 1,626,531 1,860,716 2,115,716 2,377,716 2,678,716 2,996,716 Revenues Less Total Expenses 1,138,495 (1,676,001) (1,600,237) (339,746) 205,252 426,531 660,716 915,716 1,177,716 1,478,716 1,796,716 Ending Fund Balance 8,432,275 6,755,999 5,155,763 4,816,054 5,021,352 5,447,931 6,108,616 7,024,316 8,202,016 9,680,716 11,477,416 Revenue Test: Annual Revenues > O&M Expenses
Annual Revenues Less O&M Expenses 2,018,495 1,023,999 349,763 860,254 1,405,252 1,626,531 1,860,716 2,115,716 2,377,716 2,678,716 2,996,716 Pass/fail PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS Fund Reserve Test: Minimum Fund Balance > 25% O&M Expenses Year-end fund balance 8,432,275 6,755,999 5,155,763 4,816,054 5,021,352 5,447,931 6,108,616 7,024,316 8,202,016 9,680,716 11,477,416 25% operating expenses 3,850,000 4,180,000 4,520,000 4,580,000 4,640,000 4,790,000 4,940,000 5,100,000 5,260,000 5,420,000 5,600,000 # of Days O&M in Reserves 197 145 103 95 97 102 111 124 140 161 185 Pass/fail PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS [1] Estimated for planning purposes
[2] Calculated as 0.5% of the Beginning Fund Balance of the Water Revenue Fund [3] Calculated as 0.5% of the Beginning Fund Balance of the Water Capital Improvement Project Fund [4] Capital Improvements are funded through the Long-Term Capital Improvement Project Fund Five Year Projection Extended Year Projection
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Table 2
City of Foster City / Estero Municipal Improvement District Water Rate Calculation - Two Tier Hybrid Model
Fiscal Year Ending June 30 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Fixed Meter Charge Increase 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% Fixed Revenues +/- 5% of Fixed Costs? NO YES YES YES YES YES YES YES YES YES Reserves % Above (Below) Reserve Target 161.6% 114.1% 105.2% 108.2% 113.7% 123.7% 137.7% 155.9% 178.6% 205.0% Reserve Target Met? YES YES YES YES YES YES YES YES YES YES Revenue Estimates
Meter Charge Revenue 5,806,000$ 6,121,000$ 6,450,000$ 6,793,000$ 7,162,000$ 7,546,000$ 7,956,000$ 8,382,000$ 8,834,000$ 9,314,000$ 9,822,000$ Other Fixed Revenue 371,274$ 42,000$ 34,000$ 26,000$ 24,000$ 25,000$ 27,000$ 31,000$ 35,000$ 41,000$ 48,000$ Volumetric Revenue 11,464,000$ 11,830,000$ 12,199,000$ 12,608,000$ 13,039,000$ 13,473,000$ 13,910,000$ 14,369,000$ 14,831,000$ 15,323,000$ 15,831,000$ Total Projected 17,641,274$ 17,993,000$ 18,683,000$ 19,427,000$ 20,225,000$ 21,044,000$ 21,893,000$ 22,782,000$ 23,700,000$ 24,678,000$ 25,701,000$ Total Projected Revenue (Rounded '000's) 17,641,000$ 17,993,000$ 18,683,000$ 19,427,000$ 20,225,000$ 21,044,000$ 21,893,000$ 22,782,000$ 23,700,000$ 24,678,000$ 25,701,000$ $17,641,274 $17,996,000 $18,688,000 $19,436,000 $20,225,000 $21,042,000 $21,891,000 $22,780,000 $23,698,000 $24,676,000 $25,696,000 Revenue Allocation
Fixed 35.0% 34.3% 34.7% 35.1% 35.5% 36.0% 36.5% 36.9% 37.4% 37.9% 38.4% Variable 65.0% 65.7% 65.3% 64.9% 64.5% 64.0% 63.5% 63.1% 62.6% 62.1% 61.6% Costs Estimates
Fixed Costs [1] $6,667,391 $8,526,717 $7,965,953 $7,411,462 $7,613,464 $7,822,185 $8,038,000 $8,260,000 $8,489,000 $8,726,000 $8,973,000 Variable Costs [2] $9,835,388 $11,145,284 $12,322,284 $12,364,284 $12,406,284 $12,793,284 $13,192,284 $13,604,284 $14,031,284 $14,471,284 $14,926,284 Total Projected Costs $16,502,779 $19,672,001 $20,288,237 $19,775,746 $20,019,748 $20,615,469 $21,230,284 $21,864,284 $22,520,284 $23,197,284 $23,899,284 Net Revenue
Fixed Charges -$490,117 -$2,363,717 -$1,481,953 -$592,462 -$427,464 -$251,185 -$55,000 $153,000 $380,000 $629,000 $897,000 Volumetric Charges $1,628,612 $684,716 -$123,284 $243,716 $632,716 $679,716 $717,716 $764,716 $799,716 $851,716 $904,716 Total $1,138,495 -$1,679,001 -$1,605,237 -$348,746 $205,252 $428,531 $662,716 $917,716 $1,179,716 $1,480,716 $1,801,716 Cost Analysis
Fixed 40.4% 43.3% 39.3% 37.5% 38.0% 37.9% 37.9% 37.8% 37.7% 37.6% 37.5% Variable 59.6% 56.7% 60.7% 62.5% 62.0% 62.1% 62.1% 62.2% 62.3% 62.4% 62.5% Meter Charge Calculation
Monthly charge per meter equivalent 24.80$ 26.05$ 27.35$ 28.70$ 30.15$ 31.65$ 33.25$ 34.90$ 36.65$ 38.50$ 40.45$ (Rounded to nearest $0.05)
Annual charge per meter equivalent 297.60$ 312.60$ 328.20$ 344.40$ 361.80$ 379.80$ 399.00$ 418.80$ 439.80$ 462.00$ 485.40$ Meter equivalents [3] 19,509 19,580 19,652 19,724 19,796 19,868 19,941 20,014 20,087 20,161 20,235 Meter Charge Revenue Estimate 5,806,000$ 6,121,000$ 6,450,000$ 6,793,000$ 7,162,000$ 7,546,000$ 7,956,000$ 8,382,000$ 8,834,000$ 9,314,000$ 9,822,000$ Volumetric Rate Calculation
EMID Proposed Uniform Rate $6.04 6.21$ 6.38$ 6.57$ 6.77$ 6.97$ 7.17$ 7.38$ 7.59$ 7.81$ 8.04$ Projected annual water sales (ccf) [4] 1,898,000 1,905,000 1,912,000 1,919,000 1,926,000 1,933,000 1,940,000 1,947,000 1,954,000 1,962,000 1,969,000 Variable revenue estimate $11,464,000 $11,830,000 $12,199,000 $12,608,000 $13,039,000 $13,473,000 $13,910,000 $14,369,000 $14,831,000 $15,323,000 $15,831,000 % Spread between EMID and SFPUC
Surcharge 47.3% 30.7% 20.8% 24.4% 28.2% 28.2% 28.0% 27.9% 27.7% 27.6% 27.5% SFPUC PROJECTED RATES $4.10 $4.75 $5.28 $5.28 $5.28 $5.44 $5.60 $5.77 $5.94 $6.12 $6.30 Increase (Decrease) % 15.9% 11.2% 0.0% 0.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% BAWSCA Surcharge $0.38 $0.38 $0.38 $0.38 $0.38 $0.38 $0.38 $0.38 $0.38 $0.38 $0.38 SFPUC Rate + BAWSCA Surcharge $4.48 $5.13 $5.66 $5.66 $5.66 $5.82 $5.98 $6.15 $6.32 $6.50 $6.68 EMID Fixed Meter Charge Increase (Decrease) 5.0% 5.0% 4.9% 5.1% 5.0% 5.1% 5.0% 5.0% 5.0% 5.1% EMID Volumetric Rate Increase (Decrease) 2.8% 2.7% 3.0% 3.0% 3.0% 2.9% 2.9% 2.8% 2.9% 2.9% Note:
[1] Includes: Employee Services, Internal Services - Other, Internal Services - ERF, Services & Supplies, Reallocation, Capital Outlay, Capital Improvement Fund Transfers, Debt Service, and net revenues for the operating fund. [2] Includes: SFPUC Water Purchases, BAWSCA Bond Repayment, and Water Sustainability Fund Transfers. [3] 0.37% growth estimated for planning purposes
[4] Includes 11% water loss factor
Five Year Projection Extended Year Projection
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Table 3
City of Foster City / Estero Municipal Improvement District Proposed Water Rates - Two Tier Hybrid Model
Current
Rates FY2023 FY2024 FY2025 FY2026 FY2027 FY2028 FY2029 FY2030 FY2031 FY2032 Monthly Meter Charge
3/4" $24.80 $26.05 $27.35 $28.70 $30.15 $31.65 $33.25 $34.90 $36.65 $38.50 $40.45 1" 41.33 43.42 45.58 47.83 50.25 52.75 55.42 58.17 61.08 64.17 67.42 1-1/2" 99.20 104.20 109.40 114.80 120.60 126.60 133.00 139.60 146.60 154.00 161.80 2" 132.27 138.93 145.87 153.07 160.80 168.80 177.33 186.13 195.47 205.33 215.73 3" 289.33 303.92 319.08 334.83 351.75 369.25 387.92 407.17 427.58 449.17 471.92 4" 520.80 547.05 574.35 602.70 633.15 664.65 698.25 732.90 769.65 808.50 849.45 6" 1,157.33 1,215.67 1,276.33 1,339.33 1,407.00 1,477.00 1,551.67 1,628.67 1,710.33 1,796.67 1,887.67 8" or greater 1,984.00 2,084.00 2,188.00 2,296.00 2,412.00 2,532.00 2,660.00 2,792.00 2,932.00 3,080.00 3,236.00 Conservation-Based Water Rate Model (based on bi-monthly allotments) Single Family Residential
Tier 1 0-20 per ccf 5.92 6.10 6.28 6.47 6.66 6.86 7.06 7.27 7.48 7.70 7.93 Tier 2 Over 20 ccf 6.55 6.64 6.77 6.98 7.19 7.38 7.58 7.79 8.00 8.22 8.45 Multi-Family Residential (per living unit)
Tier 1 0-10 ccf per living unit 5.92 6.10 6.28 6.47 6.66 6.86 7.06 7.27 7.48 7.70 7.93 Tier 2 Over 10 ccf per living unit 6.57 6.68 6.82 7.02 7.23 7.43 7.63 7.84 8.05 8.27 8.49 Irrigation Customers
Tier 1 <=100% of annual budget 5.92 6.10 6.28 6.47 6.66 6.86 7.06 7.27 7.48 7.70 7.93 Tier 2 >100% of annual budget 6.51 6.70 6.83 7.03 7.25 7.44 7.64 7.85 8.06 8.28 8.50 Commercial and Fire Line Customers
Base Consumption Rate 6.04 6.21 6.38 6.57 6.77 6.97 7.17 7.38 7.59 7.81 8.04 Monthly Fire Meter Charge
3/4" 34.72 36.47 38.29 40.18 42.21 44.31 46.55 48.86 51.31 53.90 56.63 1" 34.72 36.47 38.29 40.18 42.21 44.31 46.55 48.86 51.31 53.90 56.63 1-1/2" 34.72 36.47 38.29 40.18 42.21 44.31 46.55 48.86 51.31 53.90 56.63 2" 46.38 48.71 51.14 53.67 56.38 59.19 62.18 65.26 68.54 72.00 75.64 3" 101.18 106.28 111.59 117.10 123.01 129.13 135.66 142.39 149.53 157.08 165.04 4" 182.28 191.47 201.02 210.95 221.60 232.63 244.39 256.52 269.38 282.98 297.31 6" 404.98 425.40 446.63 468.67 492.35 516.84 542.97 569.92 598.49 628.71 660.55 8" or greater 694.40 729.40 765.80 803.60 844.20 886.20 931.00 977.20 1,026.20 1,078.00 1,132.60 (Minimum charge is equivalent to 1-1/2" meter charge)

TWO TIER HYBRID MODEL
Recommended Rates
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Table 4
Foster City / Estero Municipal Improvement District
Projected Water Rate Impacts
Current FY2023
Rates Two Tier Hybrid Model
Monthly meter charge $24.80 $26.05
% Change 5.0%
Single Family Residential
Bi-Monthly Tiers
Tier 1: 0 to 20 ccf $5.92 $6.10
Tier 2: over 20 ccf $6.55 $6.64
Water Monthly
Use Level Use (ccf) Monthly Bill
Low User 5 $54.40 $56.55
$ Increase 2.15
% Increase 4.0%
Average User 8 $72.16 $74.85
$ Increase 2.69
% Increase 3.7%
High User 10 $84.00 $87.05
$ Increase 3.05
% Increase 3.6%
Very High User 20 $143.20 $153.45
$ Increase 10.25
% Increase 7.2%
Excessive User 50 $339.70 $352.65
$ Increase 12.95
% Increase 3.8%
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Table 5
Foster City / Estero Municipal Improvement District
Projected Water Rate Impacts
Current
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Two Tier Hybrid Model
Single Family Residential Monthly Rate $72.16 $74.85 $77.59 $80.46 $83.43 $86.53 $89.73 $93.06 $96.49 $100.10 $103.89 $ Increase 2.69 2.74 2.87 2.97 3.10 3.20 3.33 3.43 3.61 3.79 % Increase 3.7% 3.7% 3.7% 3.7% 3.7% 3.7% 3.7% 3.7% 3.7% 3.8% Based on Single Family Residential Use of 8 ccf
Fiscal Year Ending June 30 Extended Year ProjectionProjected Water Bills 373

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Wastewater Enterprise Fund
There are approximately 13,890 wastewater accounts serviced by the District. The majority of accounts are residential with the remainder consisting of commercial and institutional accounts as shown in Table 1.

The District has approximately $15,832,252 in its wastewater maintenance and operations reserve fund as shown in Table 2. The District’s minimum operating reserve target is 25% of operating and maintenance expenses (est. to be about $2.1 million).

Table 1
Foster City / Estero Municipal Improvement District
Wastewater Service Accounts
Data as of: 02/04/21
Number of Accounts
Residential
Single Family 4,529
Townhouse/Duplex 2,228
Apartment/Condominium (Pools w/ Restrooms) 6,884
Residential Total 13,641
Commercial
Restaurants 42
Commercial/Hotels/Offices/Industrial/Laundromats 172
Commercial Total 214
Institutional
Institutional/Schools 35
Insitutional Total 35
Total 13,890
Source: Cognos Sewer Customer Count Report
Customer Class
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Table 3 summarizes the current wastewater service rates.

Table 2
Foster City / Estero Municipal Improvement District
Wastewater Operating Fund Reserves
July 1, 2021
Fund Reserve Component Balance
Reserved for Maintenance & Operation $15,832,252
Total $15,832,252
operating and capital expenditures.

Note: Rate model only includes fund reserve components available to fund ongoing Source: City of Foster City/Estero Municipal Improvement District Staff Table 3
Foster City / Estero Municipal Improvement District
Current Wastewater Rates
Current
Fiscal Year Ending June 30 2022
Residential (flat monthly rate)
Single Family $111.21
Townhouse/Duplex 93.42
Apartment/Condominium (Pools w/ Restrooms) 93.42
Commercial (rate per ccf of water use)
Restaurants 20.21
Commercial/Hotels/Offices/Industrial/Laundromats 7.11
Institutional (rate per ccf of water use)
Institutional/Schools 4.67
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Table 4 summarizes the operating expenditures of the enterprise. Costs are expected to remain relatively stable over the next five years.

Projected operating expenditures are anticipated to increase over the next five years by about 21%.

Table 4
City of Foster City / Estero Municipal Improvement District Wastewater Enterprise O&M Projection
FY2022 FY2023 FY2024 FY2025 FY2026 FY2027
Employee Services $2,744,018 $2,866,691 $2,981,359 $3,100,613 $3,224,638 $3,353,624 4.0% Internal Services (from City) 950,070 1,103,144 1,130,723 1,158,991 1,187,966 1,217,665 2.5% Internal Services -ERF 254,683 266,126 272,779 279,598 286,588 293,753 2.5% Services & Supplies 609,550 661,550 678,089 695,041 712,417 730,227 2.5% EMID Share WWTP O&M 2,900,000 2,900,000 3,045,000 3,197,250 3,357,113 3,524,969 5.0% Reallocation 889,601 893,014 915,339 938,222 961,678 985,720 2.5% TOTAL O&M Expenditures $8,347,922 $8,690,525 $9,023,289 $9,369,715 $9,730,400 $10,105,958

4.1% 3.8% 3.8% 3.8% 3.9%
[1] Based on historical results
Annual %
Increase [1]Expenditures Five Year Projection
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Wastewater Financial Projections

Wastewater projections are shown in APPENDIX E.

San Mateo-Foster City Public Financing Authority:

Projections anticipate $94 million of debt issuances between FY 2022 and FY 2024 ($61 MM of WIFIA proceeds and $33 MM of SRF loans) to fund WWTP expansion costs. BWA projects that the approved rate increases are adequate to secure projected debt issuances over the next several years.

Table 5 shows debt service estimates for the District’s share of WWTP costs. Annual debt service for the combined total debt issuances is estimated to amount to $5.78 MM by FY 2027.

Table 5
City of Foster City / Estero Municipal Improvement District Debt Service Estimates
Debt Service 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2020 WIFIA Loan $0 $0 $0 $0 $357,732 $2,470,060 $2,470,061 $2,470,061 $2,470,061 $2,470,060 $2,470,061 2019 Financing Agreement 2,087,125 2,084,250 2,085,000 2,084,250 2,086,875 2,087,750 2,086,875 2,084,250 2,084,750 2,088,125 2,084,375 2021 WIFIA Loan Note 0 0 0 1,830,500 1,569,000 0 0 0 0 0 0 2022 Financing Agreement 0 0 0 0 264,526 1,221,789 1,221,789 1,221,789 1,221,789 1,221,789 1,221,789 Total Debt Service $2,087,125 $2,084,250 $2,085,000 $3,914,750 $4,278,133 $5,779,599 $5,778,725 $5,776,100 $5,776,600 $5,779,974 $5,776,225 377

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CHART B
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Wastewater Cost of Service Analysis
Bartle Wells performed a Wastewater Cost of Service Analysis to determine equitable cost allocation to the various user classes. BWA recommends continuing the practice of placing commercial customers into three wastewater strength categories, (low, medium and high) based on the State Water Resources Control Board (SWRCB) Wastewater Revenue Program Guidelines. Low strength wastewater (Class A) customers include banks, laundromats, retail stores, schools, churches and others as shown in Table 6.

Medium strength wastewater (Class B) customers have wastewater strength factors that are assumed to be similar to residential wastewater strength factors. They include typical commercial activities such as libraries, spas, nail salons, gas stations and bars.

High strength wastewater (Class C) customers primarily include food -related businesses such as restaurants, bakeries, dairies, wineries, catering, butcher shops and fish markets.

Table 6
City of Foster City/Estero Municipal Improvement District Strength Classifications into Low, Medium/Domestic, and High Strength Dischargers

Low Strength Banks & Financial Institutions
Barber Shops/Hair Salons (hair cutting only)
Post Offices/Government
Retail Stores
Libraries
Schools
Churches, Halls & Lodges
Parking Garages
Warehouses

Medium/Commercial/ Residential - All
Domestic Strength Appliance Repair
Beauty Shops (hair cutting w/additional treatments)
Dry Cleaners
Nail Salons
Pet Groomers
Commercial Laundromats
Bars & Taverns
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Tasting Rooms
Hospitals - General, Convalescent & Veterinarian
Hotels, Motels, B&Bs, and Vacation Rentals
Offices - Business and Professional
Offices - Medical/Dental
Pools with Restrooms (Clubhouse)
Theaters
Car Washes
High Tech Medical Manufacturing
Light Manufacturing/Industrial
Gym or Health Club
Machine Shops
Service Stations, Garages, Auto Repair Shops
Mini Marts - W/O Dish Washer or Garbage Disposal
Mini Mart with Gas Pumps - W/O Dish Washer or Garbage Disposal Spa with Various Beauty Treatments

High Strength Restaurants
Coffee Shops
Ice Cream Parlors
Catering
Eatery
Bakeries
Butcher Shops
Fish Market/Shop

Markets - with Dish Washer or Garbage
Disposal
Markets - with Bakeries or Butcher Shops
Mini Marts - with Dish Washer or Garbage Disposal
Wineries
Market
Dairies (milk producers, yogurt, ice cream maker)
Specialty Foods Manufacturing (e.g., cheese or olive oil maker)

Note: Wastewater users who have Fats, Oils, and Grease (FOG) waste will be put into the High Strength user category
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Table 7 summarizes the assumed wastewater strength factors for the low, medium and high strength groups that are based on typical strengths provided in the SWRCB’s Revenue Program Guidelines. The strength factor for medium strength customers is equivalent to res idential or “domestic” strength, of 1.00. The strength factor for low strength is calculated at 0.66 and for high strength is calculated at 2.85 based on the SWRCB guidelines.

Table 7
City of Foster City/Estero Municipal Improvement District Assumed Wastewater Strength Factors
Strength Class LOW LOW-MEDIUM MEDIUM HIGH
Examples: Institutional Residential Restaurant
Bank Offices Bakery
Flow (gpd) 200 168 200 200
BOD1 (mg/l) 135 240 240 1000
TSS2 (mg/l) 100 240 240 800
Strength Factor 0.66 0.84 1.00 2.85
Strength Factor Formula SF=(Flow(gpd)/200)*(0.33+(0.34*BOD(mg/l)/240)+(0.33*TSS(mg/l)/240)) WW flows and strengths based on State Water Resources Control Board's Revenue Program Guidelines 1 "BOD" stands for Biochemical Oxygen Demand
2 "TSS" stands for Total Suspended Solids
Townhouse, Duplex,
Apartment, Condo
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Table 8 summarizes the mass-balance analysis for the City’s wastewater system and calculates the wastewater rates for each customer class. Single family residences are assumed to have an average daily (dry weather) flow of 200 gallons per day (gpd).

Based on residential occupancy data provided by the City of Foster City, single family residences are estimated to have an average of 2.67 residents per household and multi-family residences are estimated to have an average of 2.25 residents per household (84% of a single family household).

Multi-family dwellings are billed based on an estimated flow of 168 gpd or 0.84 time s the single family flow. As a check, the mass balance in Table 8 compares the total calculated and measured daily wastewater flows for Foster City (average dry weather flow).

The results agree well with the estimated daily flow at 2.58 million gallons per day (mgd) and the measured flow at 2.37 mgd.
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Table 8
City of Foster City/Estero Municipal Improvement District Summary of Wastewater Users by Customer Class
FY 2022 Estimate
Customer Class EDU x Flow Calculated
EDUs1 ADWF Flow ADWF Flow BOD3 TSS4 Current
(gal/day) (gal/day) (mg/l) (mg/l) Rate
Residential
Single Family Residential 4,529 200 905,800 240 240 111.21 Townhouse/Duplex 2,228 168 374,304 240 240 93.42
Apartment/Condos 6,884 168 1,156,512 240 240 93.42
Subtotal 2,436,616
Use Estimated Calculated
Accounts (gal/day) Flow Factor ADWF Flow BOD3 TSS4 Current Commercial (gal/day) (mg/l) (mg/l) Rate
Low Strength 35 30,092 65% 19,560 135 100 4.67
Medium/Domestic Strength 172 175,798 52% 91,343 240 240 7.11 High Strength 42 42,163 70% 29,514 1000 800 20.21
Subtotal 248,054 140,417
Totals 2,577,033
Check Against Lowest Actual Monthly Avg. Day Flow (May 2014 from LS 59 Flow Log): 2,367,806 1 "EDU" stands for Equivalent Dwelling Unit
2 "ADWF" stands for Average Dry Weather Flow
3 "BOD" stands for Biochemical Oxygen Demand
4 "TSS" stands for Total Suspended Solids
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APPENDIX D
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APPENDIX E

Table 1
City of Foster City / Estero Municipal Improvement District Wastewater Enterprise Cash Flow Projection
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032
Assumptions:

Interest Earnings Rate 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% 0.50% Revenue Increase from Growth 0.00% 0.37% 0.37% 0.37% 0.37% 0.37% 0.37% 0.37% 0.37% 0.37% 0.37% Rate Adjustment 14.25% 10.00% 2.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Monthly Service Charge for Single Family $111.21 $127.06 $139.77 $142.57 $142.57 $142.57 $142.57 $142.57 $142.57 $142.57 $142.57 Beginning O&M Fund Balance $15,832,252 $19,776,900 $20,844,300 $22,345,300 $24,805,900 $30,889,000 $35,526,600 $39,948,800 $44,071,400 $47,872,300 $51,331,000 Operating Revenues
Service Charges 17,353,232 19,890,000 21,952,000 22,471,000 22,553,000 22,636,000 22,719,000 22,802,000 22,885,000 22,969,000 23,053,000 Connection Fees [1] 45,500
Interest Earnings [2] 79,161 99,000 104,000 112,000 124,000 154,000 178,000 200,000 220,000 239,000 257,000 Other Revenue 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 Operating Revenue 17,478,893 19,990,000 22,057,000 22,584,000 22,678,000 22,791,000 22,898,000 23,003,000 23,106,000 23,209,000 23,311,000 Non Operating Revenue
Bond / Loan [3] 53,956,199 37,028,877 3,055,001 0 0 0 0 0 0 0 0 Non Operating Revenue 53,956,199 37,028,877 3,055,001 0 0 0 0 0 0 0 0 Total Revenue 71,435,092 57,018,877 25,112,001 22,584,000 22,678,000 22,791,000 22,898,000 23,003,000 23,106,000 23,209,000 23,311,000 Operating Expenses
Employee Services 2,744,018 2,866,691 2,981,359 3,100,613 3,224,638 3,353,624 3,487,769 3,627,280 3,772,371 3,923,266 4,080,197 Internal Services (from City) 950,070 1,103,144 1,130,723 1,158,991 1,187,966 1,217,665 1,248,107 1,279,310 1,311,293 1,344,075 1,377,677 Internal Services -ERF 254,683 266,126 272,779 279,598 286,588 293,753 301,097 308,624 316,340 324,249 332,355 Services & Supplies 609,550 661,550 678,089 695,041 712,417 730,227 748,483 767,195 786,375 806,034 826,185 EMID Share WWTP O&M 2,900,000 2,900,000 3,045,000 3,197,250 3,357,113 3,524,969 3,701,217 3,886,278 4,080,592 4,284,622 4,498,853 Reallocation 889,601 893,014 915,339 938,222 961,678 985,720 1,010,363 1,035,622 1,061,513 1,088,051 1,115,252 Operating Expenses 8,347,922 8,690,525 9,023,289 9,369,715 9,730,400 10,105,958 10,497,036 10,904,309 11,328,484 11,770,297 12,230,519 Operating Net Revenue 9,130,971 11,299,475 13,033,711 13,214,285 12,947,600 12,685,042 12,400,964 12,098,691 11,777,516 11,438,703 11,080,481 Capital Expenses
Transfer Out - Capital Improvement Fund 2,250,000 5,250,000 5,250,000 5,250,000 2,200,000 2,200,000 2,200,000 2,200,000 2,200,000 2,200,000 2,200,000 EMID Share WWTP Expansion 54,805,415 39,926,726 7,252,754 1,588,900 386,360 67,828 0 0 0 0 0 Capital Expenses 57,055,415 45,176,726 12,502,754 6,838,900 2,586,360 2,267,828 2,200,000 2,200,000 2,200,000 2,200,000 2,200,000 Annual Debt Service 2,087,125 2,084,250 2,085,000 3,914,750 4,278,133 5,779,599 5,778,725 5,776,100 5,776,600 5,779,974 5,779,974 Debt Service 2,087,125 2,084,250 2,085,000 3,914,750 4,278,133 5,779,599 5,778,725 5,776,100 5,776,600 5,779,974 5,779,974 Debt Coverage [4] 4.37 5.42 6.25 3.38 3.03 2.19 2.15 2.09 2.04 1.98 1.92 Total Expenditures 67,490,462 55,951,501 23,611,043 20,123,365 16,594,893 18,153,385 18,475,761 18,880,409 19,305,084 19,750,271 20,210,493 Revenues Less Total Expenditures 3,944,630 1,067,376 1,500,958 2,460,635 6,083,107 4,637,615 4,422,239 4,122,591 3,800,916 3,458,729 3,100,507 Ending O&M Fund 19,776,882 20,844,276 22,345,258 24,805,935 30,889,007 35,526,615 39,948,839 44,071,391 47,872,316 51,331,029 54,431,507 Cash Fund Reserve Test: Minimum Fund
Balance > 25% O&M Expenses
Year-end O&M Fund 19,776,882 20,844,276 22,345,258 24,805,935 30,889,007 35,526,615 39,948,839 44,071,391 47,872,316 51,331,029 54,431,507 25% Operating Expenses 2,086,981 2,172,631 2,255,822 2,342,429 2,432,600 2,526,490 2,624,259 2,726,077 2,832,121 2,942,574 3,057,630 # of Days O&M in Reserves 865 875 904 966 1,159 1,283 1,389 1,475 1,542 1,592 1,624 Pass/fail PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS [1] Growth projections for planning purposes
[2] Projected interest calculated as 0.5% of the Beginning Fund Balance of the Wastewater O&M Fund. [3] Calculated by William Euphrat Municipal Finance, Inc. [4] Minimum requirement debt service covereage requirement = 1.25x Five Year Projection Extended Year Projection
385

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Table 2
City of Foster City / Estero Municipal Improvement District Projected Wastewater Rate Impacts
Current
FY2022 FY2023 FY2024 FY2025 FY2026 FY2027
% Rate Increase 14.25% 10.00% 2.00% 0.00% 0.00%
Residential (flat monthly rate)
Single Family $111.21 $127.06 $139.77 $142.57 $142.57 $142.57 Increase (Decrease) 15.85 12.71 2.80 0.00 0.00
Townhouse/Duplex $93.42 $106.73 $117.40 $119.75 $119.75 $119.75 Increase (Decrease) 13.31 10.67 2.35 0.00 0.00
Apartment/Condominium (Pools w/ Restrooms) $93.42 $106.73 $117.40 $119.75 $119.75 $119.75 Increase (Decrease) 13.31 10.67 2.35 0.00 0.00
Commercial (rate per ccf of water use)
High Strength $20.21 $23.09 $25.40 $25.91 $25.91 $25.91 Increase (Decrease) per ccf 2.88 2.31 0.51 0.00 0.00
Medium/Domestic Strength $7.11 $8.12 $8.93 $9.11 $9.11 $9.11 Increase (Decrease) per ccf 1.01 0.81 0.18 0.00 0.00
Low Strength $4.67 $5.34 $5.87 $5.99 $5.99 $5.99
Increase (Decrease) per ccf 0.67 0.53 0.12 0.00 0.00
Projected - Fiscal Year Ending June 30Projected Rates
386

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CHART C

387
Attachment 3
388
DATE: June 6, 2022

TO: Mayor and Members of the City Council

VIA: Edmund Suen, Interim City Manager

FROM: Marlene Subhashini, Community Development Director

SUBJECT: A GENERAL DEVELOPMENT PLAN AMENDMENT/REZONING

TO MODIFY THE PREVIOUSLY APPROVED GENERAL
DEVELOPMENT PLAN FOR THE 5.135-ACRE PARCEL AT
1065 EAST HILLSDALE BOULEVARD IN THE C-2/PD
(GENERAL BUSINESS/PLANNED DEVELOPMENT

COMBINING) DISTRICT TO ALLOW AN APPROXIMATELY
5,200 SQUARE FEET OF RESTAURANT/RETAIL USE
(RZ2021-0002) (CEQA STATUS: CATEGORICALLY EXEMPT)

RECOMMENDATION
It is recommended that the City Council take the following action:
General Development Plan Amendment/Rezoning (File No. RZ2021- 0002)
oIntroduce, and pass to a second reading, an Ordinance
(Attachment 1) approving a General Development Plan
Amendment/Rezoning to modify the previously approved General Development Plan for the 5.135-acre parcel at 1065 East Hillsdale Boulevard at the west corner of Foster City Boulevard and East Hillsdale Boulevard in the C-2/PD (General
Business/Planned Development Combining) District to allow an approximately 5,200 square feet of restaurant/retail use; and find the project categorically exempt pursuant to the California Environmental Quality Act (CEQA) - RZ2021-0002.
389

EXECUTIVE SUMMARY

The project includes a General Development Plan Amendment/Rezoning to modify the previously approved General Development Plan (GDP) for the

5.135-acre parcel, located at 1065 East Hillsdale Boulevard at the west corner of Foster City Boulevard and East Hillsdale Boulevard, in the C-2/PD (General Business/Planned Development Combining) District to allow an approximately 5,200 square feet of restaurant/retail use.

The GDP amendment would allow for the construction of an approximately 5,200 square-foot, stand-alone outdoor pavilion structure featuring restaurant/retail tenant spaces, outdoor seating, and restrooms, primarily as an ancillary amenity to the existing Century Plaza office use, as well as a modification to the parking area removing 27 parking stalls, resulting in approximately 326 parking stalls. Specifically, the GDP amendment would allow for the use permit to include the following:
2,787 square feet of commercial/retail/restaurant use, including bathroom, trash area and electrical room;
2,406 square feet of outdoor seating; and
Pedestrian connections to East Hillsdale Boulevard and the Century Plaza office building.

The Planning Commission reviewed the project on May 5, 2022 and adopted Resolution No. P-08-22 to recommend to the City Council to adopt the GPD amendment (RZ2021-0002) and adopted Resolution No. P-09-22 approving the Specific Development Plan/Use Permit (UP2021-0015). The Use Permit is contingent upon approval of the GDP by the City Council and would take effect at the same time the GDP action is effective, if approved by the City Council.

The approved resolutions are available as Attachment 2 and 3 in this report.

BACKGROUND

Project Site and General Development Plan

The subject 5.135-acre lot is situated at the west corner of Foster City Boulevard and East Hillsdale Boulevard and currently features a four (4)-story office building of approximately 115,629 square feet, and approximately 359 surface parking spaces. Neighboring land uses include the vacant Orchard 390
Supply Hardware store to the northwest; Family Dental building and Chevron gas station to the northeast; City Hall and San Mateo Consolidated Fire Department and Police Department buildings to the southeast; and Parkside Towers office complex, KinderCare childcare, and Courtyard by Marriott hotel to the southwest.

The existing office building and surface parking lot that comprise the site, Century Plaza, was entitled in 1980. On October 16, 1980, a Planning Commission Resolution (P-133-80) was approved, granting entitlement of a Use Permit (UP-13-80) for construction of a 115,436 square-foot, four-story commercial office building and 392 parking spaces. On December 1, 1980, an Ordinance (Ordinance No. 209) was passed to reclassify the approximately

5.135-acre lot to General Business/Planned Development (C-2/PD) District with a GDP (Attachment 4). On April 16, 1981, a Use Permit Modification to UP-13-80 was approved, allowing conversion of 8,000 square feet of the building from commercial office space to bank use featuring two (2) drive-up teller windows (Resolution P-37-81). Successive entitlements permitted reduction of the on-site parking capacity, and the most recently approved site plan, which included modifications to the parking area (UP-80-013N), included 359 parking spaces.

On September 28, 2020, a Preliminary Review application (PR2020-0004) for proposed construction of a new restaurant/retail pavilion was submitted. The proposal was presented to the Land Use Subcommittee on January 15, 2021, and to the City Council for Preliminary Review on January 19, 2021. The City Council raised several questions, clarifying that the proposed use would be open to the public, inquiring about the potential days/hours of operation, inquiring about the feasibility for success of the use, and requesting information about the likely duration of entitlement. Some Councilmembers were not in favor of the installation of a new pedestrian crosswalk spanning East Hillsdale Boulevard.

Formal applications for a Specific Development Plan/Use Permit (UP2021- 0015), Environmental Assessment (EA2021-0012), and General Development Plan/Rezoning (RZ2021-0002) were each submitted on February 23, 2021. Since that time, the architectural and site plans for the Specific Development Plan/Use Permit application related to the project have been reviewed by the Planning Commission at a Study Session held on May 6, 2021 and Public Hearing, held on May 5, 2021. For detailed background information, please refer to the Planning Commission Study Session Staff Report (link) as well as Public Hearing Staff Report (link). 391
Planning Commission Feedback and Recommendations

At the May 6, 2021 Planning Commission Study Session, early feedback from the Commission and the public was provided on the proposed project.

Overall, the Planning Commission expressed support for the proposed project, but raised some questions about the placement of the building, impacts to site circulation, pedestrian access, and compatibility of the color scheme to the existing building and surrounding site.

At the May 5, 2022 Planning Commission Public Hearing, the Commission reviewed the CEQA exemption, General Plan land use designation, relevant General Plan goals and policies, architecture, parking, site circulation, and landscaping. Commissioners discussed the applicant’s responsiveness to their previous comments, potential future tenants, importance of retaining the existing drive-through ATM, compatibility of design, preservation of existing trees, adequacy of parking, and pedestrian circulation. No public comments were made at the Public Hearing. Consistent with staff recommendations, the Commissioners took the following actions related to the project:

1. Made findings determining that the Project is exempt as a Class 3 Categorical Exemption (California Environmental Quality Act (CEQA Section 15303) related to “New Construction or Conversion of Small Structures” related to new stores, restaurant or similar building which are less than 10,000 square feet in urban areas, and do not involve the use of significant amounts of hazardous materials.

2. Adopted Resolution No. P-08-22 (Attachment 2) through a vote of 3-1- 0-1, recommending City Council adoption of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan for the 5.135-acre parcel known as 1065 East Hillsdale Boulevard in the C-2/PD (General Business/Planned Development Combining) District with an amended General Development Plan to allow approximately 5,200 square feet of restaurant/retail use – APN 094-512-080 – RZ2021-0002

3. Adopted Resolution No. P-09-22 (Attachment 3) though a vote of 3-1-0- 1, approving a Specific Development Plan/Use Permit for construction of an approximately 5,200 square-foot, stand-alone restaurant/retail outdoor pavilion structure primarily as an ancillary amenity to the existing Century Plaza office use located at 1065 East Hillsdale 392
Boulevard, as well as a modification to the parking area removing 27 parking stalls, resulting in approximately 326 parking stalls.

ANALYSIS
Existing Zoning and General Development Plan
1065 East Hillsdale Boulevard is designated as “Town Center” on the Land Use Map and is zoned C-2/PD, General Business/Planned Development with a GDP. The C-2 Zoning District, as described in the City’s Municipal Code, allows as permitted uses retail stores and service establishments that supply commodities or provide services primarily to meet the needs of residents of the community (Foster City Municipal Code (“FCMC”) Section 17.26.020).

The PD, or Planned Development, Combining District is intended to host a range of development types while minimizing potential conflict between dissimilar land uses but offering flexibility by allowing tailoring of City standards to specific uses (FCMC Section 17.36.010).

The permitted uses on the subject lot were approved as part of the GDP adopted on December 1, 1980, through RZ-7-80 (Ordinance 209) (Attachment 4), which states the following:

The C-2/PD (General Business/Planned Development) zoning of the 5.135 acre parcel at the northwest corner of Foster City Boulevard and East Hillsdale Boulevard is herewith limited and specified to allow development of 115,436 sq. ft. (gross floor area) of four-story commercial office use with 392 parking spaces.

An amendment to the GDP is required to allow the additional development and new uses on the site. The applicant proposes an approximately 5,200 square foot stand-alone outdoor pavilion structure featuring restaurant/retail tenant spaces and outdoor seating at the subject site. Because the GDP currently in place limits development of the site to a single, four (4)-story office building of 115,436 square feet, the proposed 5,200 square foot restaurant/retail pavilion at the subject site requires an amendment to the GDP.

Changes in the GDP must be considered the same as changes to the zoning map and are required to follow the procedures set forth in Chapter 17.74 of the FCMC which generally require notice and a public hearing.

Market Feasibility of Restaurant/Retail Pavilion
393

The applicant submitted a retail market feasibility study dated January 5, 2021, which forecasts a strong likelihood for success of the proposed restaurant/retail use (Attachment 6). The feasibility study incorporates a consideration of various factors, including local demographics (population size, age, household income, and density), proposed location, project visibility and ease of access, as well as proximity to employment centers such as neighboring office buildings, City Hall, Fire Department building, and Police station, which provide “built-in” and “captive” markets. The analysis reviews prospective tenant profiles and predicts that the development will appeal to local quick-service food and beverage retailers due to the factors described above and due to the limited scale of tenant improvements, which would afford typically under-capitalized local entrepreneurs and small business owners access to brick-and-mortar accommodations without the assumption of financial risk associated with a large tenant improvement buildout. The study found that the proposed project is a feasible and viable concept.

The market feasibility study includes an analysis of the proposed project’s potential for competition with existing retail establishments within Foster City.

As described in the report, and, based on information provided by the applicant, given the unique character of the restaurant/retail concept, along with its potential for periodic changeover of tenants (providing diverse restaurant/retail offerings), intended use as an amenity to existing retail establishments, and significant distance from surrounding retail clusters, it is not anticipated that the project will compete with existing commercial/restaurant establishments located within City limits.

Parking Capacity
The project site currently includes 359 parking stalls for the existing office and bank uses. The applicant requested removal of 27 stalls to provide 332 parking stalls where 430 stalls are required, a 23% reduction in parking. Through Ordinance 634, which authorized amendments to Municipal Code Chapter 17.36 PD Planned Development Combining District, the applicant of any new development or major redevelopment at a site in a PD, except for parcels located in residential zoning districts, may request a reduction in required parking capacity corresponding to the project’s actual anticipated demand as determined by a parking impact study, and, if applicable, when supported by a Transportation Systems Management plan (“TSM”)/Transportation Demand Management program (“TDM”) consistent with the requirements outlines in Section 17.62.060(D)(3) (Foster City 394
Municipal Code § 17.36.060(B)(4)). Accordingly, a parking study was provided by the applicant, dated June 9, 2021, describes peak parking demand for the existing office and the proposed pavilion in operation (link).

The study concluded that the peak parking demand for the existing office use, when 100% occupied, would total 233 parking stalls and the proposed pavilion would have a demand for 86 parking stalls. There would be a total demand for 319 spaces where 332 are provided; there would be an excess of 13 spaces.

In addition, a TDM program has been prepared for the proposed project. TDM measures include on-site mix of uses that encourage walking; bicycle parking; and, multi-modal street design including sidewalks, bicycle facilities and transit stops. TDM measures also include an education, outreach, and marketing program; pre-tax transit benefits; and a Guaranteed Ride Home program for employees. Implementation of the TDM measures would result is a vehicle trip reduction of 15 percent and would further reduce parking demand.

At the Public Hearing of May 5, 2022 the Planning Commission found the provision of parking adequate and determined that conditions allowing a deviation from usual off-street parking requirements were present, and approved the parking supply as proposed, with standard conditions requiring ongoing compliance and monitoring with the submitted Travel Demand Management Program.

General Plan Goals and Policies

Although the 1065 East Hillsdale GDP currently specifies development of a 115,436 square-foot commercial office building, the GDP is not intended to perpetually restrict allowable land uses or size and intensity of development.

As previously described, a GDP may be amended to respond to the changing needs of the community, assuming the occurrence of no adverse impacts resulting from such revision. The proposed GDP amendment (Rezoning) would allow for construction of an approximately 5,200 square-foot outdoor commercial pavilion at the southern corner of the Century Plaza office site on an area currently developed with surface parking.

Development of a commercial restaurant/retail pavilion and associated improvements demonstrates consistency with, and fosters advancement of, many goals and policies contained in the Land Use and Circulation Element of the General Plan. Staff and the Planning Commission have determined 395
that the project would (1) be consistent with Town Center General Plan Land Use designation of the subject site; (2) result in greater variety of land uses as well as density and intensity of land uses in the area consistent with Land Use Goal LUC-C and Policy LUC-C-12; (3) provide basic goods and services to residents and employees within walking distance consistent with Land Use Goal H and Use Policies D-1, D-2, E-8; and H-3; (4) architecturally complement the surrounding environment, with the overall scale and massing of the project punctuating the verticality of adjacent buildings and structures while remaining in character with the overall development pattern of the neighborhood consistent with Land Use Goal LUC-B; (5) provide for economic development consistent with the principles of Land Use Goal LUC-I; and (6) provide for adequate on-site parking for safe and effective circulation, consistent with Land Use Goal LUC-G and Policy LUC-G-1.

Rezoning

In accordance with Section 17.36.030.E, General Development Plan, of the Foster City Municipal Code, the Planning Commission has evaluated topics related to the findings required for Rezoning, such as consistency with the City’s General Plan, interface with surrounding uses, suitability of streets and thoroughfares, availability of public services, provision of parking, and anticipated financial impact of the proposed GDP revision to the City. Such evaluation uncovered no detrimental impacts which would result in inconsistency with provisions of the City’s adopted General Plan. The Commission additionally reviewed the proposed land use and architectural and site plans, including the project scale, form, materials, colors, setbacks, location, height, and similar aspects of design, landscaping, and the provision of parking, in conjunction with the application for Specific Development Plan/Use Permit, and found the proposed use to be appropriate for the site.

Environmental Assessment

The California Environmental Quality Act (CEQA), includes a list of classes of project which have been determined not to have a significant effect on the environment, and therefore, are exempt from the provisions of CEQA. The proposed approximately 5,200 square foot commercial structure on the site of an existing parking lot, associated with the 115,436 square foot Century Plaza office building, qualifies for the following categorical exemption:
Class 3 Categorical Exemption (CEQA Section 15303) related to “New Construction or Conversion of Small Structures” related to new stores, 396
restaurant or similar building which are less than 10,000 square feet in urban areas, and do not involving the use of significant amounts of hazardous materials.

The Planning Commission determined that this project is categorically exempt under the Class 3 (New Construction or Conversion of Small Structures). In addition, neither the project nor the site meets any of the exceptions to the exemptions, described in CEQA Guidelines Section 15300.2 Exceptions. The site is an existing surface parking lot in support of an office building, in an urbanized area. The site is not environmentally sensitive, nor is it a hazard waste site. Implementation of the proposed project would not result in cumulative impacts, significant environmental effects due to unusual circumstances, nor impact an historic resource. The site is not in the vicinity of a scenic highway. The project was included in the City of Foster City/Estero Municipal Improvement District (EMID) 2020 Urban Water Management Plan. The site is zoned C-M/PD (Commercial Mix/Planned Development); permitted uses include commercial uses.

If the City Council approves the GDP amendment/Rezoning and also finds that the project is exempt, City staff will prepare a Notice of Exemption (NOE), describing the City’s determination of the project as categorically exempt under CEQA.

Noticing/Public Outreach
The public was advised of this Public Hearing in the following ways:
Electronic mailing to the interested parties who expressed interest in receiving project updates – May 18, 2022
Mailing to property owners who own property within a 500-foot radius – May 19, 2022
Published ad in the Foster City Islander – May 25, 2022 Foster City website: www.fostercity.org – May 18, 2022 Public Posting Places – May 19, 2022
Conclusion

Development of the restaurant/retail use will be consistent with the Town Center General Plan Land Use designation of the subject site. It will further many goals and policies contained in the Land Use and Circulation Element of the General Plan as outlined in the report.
397

The proposed project is a feasible and viable concept, supported by economic analysis. It would be primarily an ancillary amenity for existing and/or future occupants of the Century Plaza Office building, nearby employees, and residents, and provide an opportunity for typically under- capitalized, local entrepreneurs and small business owners access to brick- and-mortar accommodation. The request for amendment of the existing GDP to accommodate a restaurant/retail use, therefore, may be supported by the City Council due to its alignment to the City’s vision for long-term development of the community as outlined in the General Plan, and, more specifically, due to its consistency with standards as established in the Municipal Code, as well as its strong likelihood for success.

FISCAL IMPACT
Approval of the GDP amendment/Rezoning will result in the Use Permit taking effect. The project will generate revenue for affordable housing through payment of the Commercial Linkage Fee. The proposed commercial uses would also generate tax revenues for the City. Additionally, the proposed project will be subject to any Development Impact fees that the City adopts.

NEXT STEPS
It is recommended that the City Council take the following action:
General Development Plan Amendment/Rezoning (File No. RZ2021- 0002)
oIntroduce, and pass to a second reading, an Ordinance
(Attachment 1) approving a General Development Plan
Amendment/Rezoning to revise the previously approved General Development Plan for the 5.135-acre parcel known as 1065 East Hillsdale Boulevard at the west corner of Foster City Boulevard and East Hillsdale Boulevard in the C-2/PD (General
Business/Planned Development Combining) District to allow approximately 5,200 square feet of restaurant/retail use - RZ2021-0002.

Should the City Council adopt the Ordinance authorizing amendment to the General Development Plan/Rezoning (RZ2021-0002), with passage to second reading, the Ordinance, and, therefore, the Specific Development Plan/Use Permit, would take effect thirty (30) days thereafter. 398

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This action is in alignment with the City Council’s 2022 Strategic Priorities, the vision of which is to “create a sustainable Foster City through smart, inclusive, and efficient actions to enhance our quality of place for current and future generations." Modifying the General Development Plan to allow for a retail/restaurant use at the southern corner of the Century Plaza office site would further neighborhood livability by activating the East Hillsdale Boulevard corridor, contribute to the economic vitality, and result in a sustainable environment by providing access to restaurants/retail uses for workers within and surrounding Century Plaza.

Attachments:
Attachment 1 – Ordinance
Attachment 2 – Adopted Planning Commission Resolution No. P-08-22 for Recommendation to City Council
Attachment 3 – Adopted Planning Commission Resolution No. P-09-22 for Use Permit Project (UP2021-0015)
Attachment 4 – Existing General Development Plan City Council Ordinance No. 209
Attachment 5 – Approved Use Permit Project Plans dated October 12, 2021
Attachment 6 – Strategic Real Estate Advisory Services, January 5, 2021
399
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING THE FOSTER CITY ZONING

MAP TO MODIFY THE PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN FOR THE 5.135 ACRE PARCEL KNOWN AS 1065 EAST HILLSDALE BOULEVARD AT THE

NORTHWEST CORNER OF FOSTER CITY BOULEVARD AND EAST HILLSDALE BOULEVARD IN THE C-2/PD (GENERAL BUSINESS/PLANNED DEVELOPMENT)

DISTRICT WITH AN AMENDED GENERAL DEVELOPMENT PLAN TO ALLOW AN APPROXIMATELY 5,200 SQUARE-FOOT RESTAURANT/RETAIL USE – TOWN CENTER NEIGHBORHOOD – APN 094-512-080 –– RZ2021-0002

CITY OF FOSTER CITY
THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND ORDAIN as follows:

Section 1. The City Council has reviewed the evidence and recommendations of the Planning Commission and based on facts and analysis in the Staff Reports, written and oral testimony, and exhibits presented, approves the recommendation of the Planning Commission and finds that the proposed rezoning would not be detrimental to the general health, welfare and safety of the City of Foster City because:

A. The proposed General Development Plan Amendment/Rezoning will be in furtherance of and in accordance with the General Plan of the City of Foster City because it will: 1) be consistent with Town Center General Plan Land Use designation of the subject site; 2) result in greater variety of land uses as well as density and intensity of land uses in the area consistent with Land Use Goal LUC-C and Policy LUC-C-12; 3) provide basic goods and services to residents and employees within walking distance consistent with Land Use Goal H and Use Policies D-1, D-2, E-8; and H-3; 4) architecturally complement the surrounding built environment, with the overall scale and massing of the project punctuating the verticality of adjacent buildings and structures while remaining in character with the overall development pattern of the neighborhood consistent with Land Use Goal LUC-B; 5) provide for economic development consistent with the principles of Land Use Goal LUC-I; and 6) provide for adequate on-site parking for safe and effective circulation, consistent with Land Use Goal LUC-G and Policy LUC-G-1; and B. The proposed project is a feasible and viable concept, supported by economic analysis. It would be primarily an ancillary amenity for existing and/or future occupants of the Century Plaza Office building, nearby employees and residents, and provide an opportunity for typically under-capitalized, local entrepreneurs and small business owners access to brick-and-mortar accommodation; and
C. Existing and proposed utility services and facilities and other public improvements such as fire and police protection; school services; open space and recreation; water supply; wastewater treatment; solid waste and electricity; gas and telecommunications are adequate for the proposed pavilion density and land use because: 1) the proposed project will be required to meet all Fire Code requirements, and, therefore, will not reduce the ability of the Foster City Fire Department to meet existing performance standards or exceed the capabilities of the existing or planned staffing levels; 2) no increased demand is anticipated for police services; no new school facilities will be required as a result of 400
the project; 3) anticipated water requirements or wastewater discharges are not high enough to require the expansion of the existing systems; 4) the project was included in the City of Foster City/Estero Municipal Improvement District (EMID) 2020 Urban Water Management Plan; and, 5) the amount of solid waste generated will not substantially shorten the life of the landfill. Other utilities serving the project are expected to be adequate due to the small scale of the project on a site served by existing utilities; and D. While implementation of the project will remove 27 parking spaces and increase parking demand on the site, the existing parking on the site will meet the demand. A parking study provided by the applicant describes peak parking demand for the existing office and the proposed pavilion in operation. Extrapolating from parking surveys, the peak parking demand for the existing office use, when 100% occupied, would total 233 parking stalls.

Using the Institute of Transportation Engineers (ITE) demand, the proposed pavilion would have a demand for 86 parking stalls. There would be a total demand for 319 spaces where 332 are provided; there would be an excess of 13 parking spaces; and E. The proposed project will not have a detrimental and unmitigatable financial impact on the City or the Estero Municipal Improvement District; and
F. The proposed Rezoning will not have any significant adverse environmental impacts The project is Categorically Exempt from CEQA, under Class 3, CEQA Section 15303 New Construction or Conversion of Small Structures. Neither the project nor site meet any of the exceptions to the exemptions described in CEQA Guidelines Section 15300.2 Exceptions.

Section 2. The City of Foster City Zoning Map is hereby amended to modify the previously approved General Development Plan for the 5.135-acre parcel known as 1065 East Hillsdale Boulevard at the northwest corner of Foster City Boulevard and East Hillsdale Boulevard (APN 094-512-080) in the C-2/PD (General Business/Planned Development Combining) district to a C-2/PD district with an amended General Development Plan to allow an approximately 5,200 square-foot, stand-alone outdoor pavilion structure featuring restaurant/retail tenant spaces, outdoor seating, and restrooms, primarily as an ancillary amenity to the existing Century Plaza office use, and removal of 27 parking stalls, in accordance with the General Development Plan as shown on Exhibits A and B of this Ordinance, attached hereto and incorporated herein.

Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 4. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 5. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council. 401
This Ordinance was introduced and read on the 6 day of June, 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
402

EXHIBIT A

AMENDED GENERAL DEVELOMENT PLAN FOR
1065 EAST HILLSDALE BOULEVARD

The C-2/PD (General Business/Planned Development) zoning of the 5.135 acre parcel at the northwest corner of Foster City Boulevard and East Hillsdale Boulevard is herewith limited and specified to allow development of 115,436 sq. ft. (gross floor area) of four-story commercial office use and 5,200 sq. ft. (gross floor area) of single-story restaurant/retail tenant spaces with 332 parking spaces. all in accordance with the plans on file in the Planning Division of the Community Development Department.
403

EXHIBIT B
General Development Plan Graphic for the

5.135-acre lands known as 1065 East Hillsdale Boulevard 404
RESOLUTION NO. P- 08 -22
CITY

OF FOSTER CITY PLANNING COMMISSION

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CIT Y

RECOMMENDING CITY COUNCIL ADOPTION OF AN AMENDMENT TO THE FOSTE R

CITY ZONING MAP TO MODIFY THE PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN FOR THE 5.135-ACRE PARCEL KNOWN AS 1065 EAST

HILLSDALE BOULEVARD AT THE NORTHWEST CORNER OF FOSTER CITY BOULEVARD AND EAST HILLSDALE BOULEVARD IN THE C-2/PD (GENERAL BUSINESS/PL ANNED

DEVELOPMENT COMBINING) DISTRICT WITH AN AMENDED GENERAL DEVELOP MENT PLAN TO ALLOW AN APPROXIMATELY 5,200 SQUARE FEET OF RESTAURANT/ RETAIL USE – APN 094-512-080 - RZ2021-0002
WHEREAS, On December 1, 1980, an Ordinance (Ordinance 209) was passed to reclassify the approximately 5.135 – acre parcel located at 106 5 East Hillsdale Boulevard to General Business/Planned Development (C-2/PD) District with a General Development Plan to allow development of 115,436 sq. ft. of four-story commercial o ffice use with 392 parking spaces; and
WHEREAS, Urban Planning Partners, as project applicant, on beha lf of property owner DIVCOWEST (DWF IV Century Plaza, LLC) has requested an amendmen t to allow approximately 5,200 square feet of restaurant/retail use on the 5.135-acre parcel located at 1065 East Hillsdale Boulevard (APN 094-512-080) in the Town Center neighborhood; and WHEREAS, the City of Foster City, in accordance with the requir ements of the California Environmental Quality Act (California Public Resourc es Code Sections 21000 et seq.) and implementing guidelines (“CEQA”) adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, has found the project to be Categorically Exempt from CEQA, under Class 3, CEQA Section 15303 New Constru ction or Conversion of Small Structures. Neither the project nor site meet any of the exceptions to the exemptions (EA2021-0012); and
WHEREAS, full public involvement in the preparation of this ame ndment to the Foster City Zoning Map has been ensured through duly noticed Planning Commission Study Sessions, public hearings, and other means, including the follo wing:

1. Special Meeting with the City Council Land Use Subcommittee – January 15, 2021 – to review proposed use and to provide early feedback and general d irection to the applicant on
their application.

2. City Council Development Project Preliminary Review Meeting – January 19, 2021– to introduce the proposed project to the City Council and public and receive feedback prior to initiating t
he entitlement process.

3. Planning Commission Study Session – May 6, 2021– to solicit early feedback from the Commission and the public on the proposed project.

4. Planning Commission Public Hearing – April 7, 2022 – to consider and make recommendations to the City Council regarding the Rezoning/Gene ral Developm ent Plan Amend
ment of the C-2/PD District where the item was continued to May 5, 2022.

DocuSign Envelope ID: FD216C27-693A-4947-BAC1-B521D70E8BD7 Attachment 2
405

Resolution No. P- 08 -22
RZ2021-0002

5. Planning Commission Public Hearing – May 5, 2022 – to consid er and make recommendations to the City Council regarding the Rezoning/Gene ral Development Plan Amendment of the C-2/PD District.

WHEREAS, the Planning Commission is required by state law to ho ld at least one (1) Public Hearing before recommending adoption of an amendment to the City’s Zoning Map and the current C-2/PD (General Business/Planned Development) District; and

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, ba sed on facts and analysis in the Staff Report, written and oral testim ony, and in the project and exhibits presented, finds:

1. The proposed Rezoning/General Development Plan Amendment wil l be in furtherance of and in accordance with the General Plan of the City of Foster City because the proposal will:

a. be consistent with Town Center General Plan Land Use designa tion of the subject site;
b. result in greater variety of land uses as well as density an d intensity of land uses in the area consistent with Land Use Goal LUC-C and Policy LUC-C-12; c. provide basic goods and services to residents and employees within walking distance consistent with Land Use Goal H and Use Policies D-1, D-2, E-8, and H-3; d. architecturally complement the surrounding built environment , with the overall scale and massing of the project punctuating the verticality of adjac ent buildings and structures while remaining in character with the overall develo pment pattern of the neighborhood consistent with Land Use Goal LUC-B;
e. provide for economic development consistent with the princip les of Land Use Goal LUC-I; and
f. provide for adequate on-site parking for safe and effective circulation, consistent with Land Use Goal LUC-G and Policy LUC-G-1.

2. The proposed project is a feasible and viable concept, suppo rted by economic analysis. It would be primarily an ancillary a menity for existing and/or fut ure occupants of the Century Plaza Office building, nearby employees, and residents, and pro vide an opportunity for typically under-capitalized, local entrepreneurs and small busi ness owners access to brick- and-mortar accommodation.

3. Existing and proposed utility services and facilities and ot her public improvements such as fire and police protection; school services; open space and rec reation; water supply; wastewater treatment; solid waste and electricity, gas and tele communications are adequate for the proposed retail/commercial pavilion because:

a. The proposed project will be required to meet all Fire Code requirements, and, therefore, will not reduce the ability of the Foster City Fire Department to meet existing performance standards or exceed the capabilities of th e existing or planned staffing levels;
b. No increased demand is anticipated for police services; no n ew school facilities will be required as a result of the project;
c. Anticipated water requirements or wastewater discharges are not high enough to require the expansion of the existing systems;
d. The project was included in the City of Foster City/Estero M unicipal Improvement District (EMID) 2020 Urban Water Management Plan;
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Resolution No. P- 08 -22
RZ2021-0002

e. The amount of solid waste generated will not substantially s horten the life of the landfill; and
f. Other utilities serving the project are expected to be adequ ate.

4. While implementation of the project will remove 27 parking s paces and increase parking demand on the site, the existing parking on the site will meet the demand. A parking study provided by the applicant describes peak parking demand for the existing office and the proposed pavilion in operation. Extrapolating from parking surv eys, the peak parking demand for the existing office use, when 100% occupied, would t otal 233 parking stalls.

Using the Institute of Transportation Engineers (ITE) demand, t he proposed pavilion would have a demand for 86 parking stalls. There would be a total dem and for 319 spaces where 332 are provided; there would be an excess of 13 parking spaces.

5. The proposed project w ill not have a detrimental and immitigable financial impact on the City.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City hereby recommends City Council approval of an amendment to modify the previously approved General Development Plan for the 5.135-acre parcel known as 1065 East Hillsdale Boulevard at the northwest corner of Foster City Boulevard and East Hillsdale Boulevard (APN 094-512-080) in the C-2/PD (General Business/Planned Development Combining) district to a C-2/PD district with an amended General Development Plan to allow an approximat ely 5,200 square-foot, stand-alone outdoor pavilion structure featuring restaurant/retail tenant spaces, outdoor seating, and restrooms, primarily as an ancillary amenity to the existin g Century Plaza office use, and removal of 27 parking stalls in accordance with the General Dev elopment Plan as shown on Exhibits A and B of this Resolution, attached hereto and incorporated herein.

PASSED AND ADOPTED as a Resolution of the City of Foster City Planning Commission at a Regular Meeting held on May 5, 2022, by the following vote:

AYES, COMMISSIONERS: Adams, Haddad and Jagtiani

NOES, COMMISSIONERS: Bronitsky

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS: Chairman Wykoff

__________________________
RICK D. WYKOFF, CHAIRMAN
BY: VICE CHAIR, EVAN ADAMS

ATTEST:

________________________________

MARLENE SUBHASHINI, SECRETARY
DocuSign Envelope ID: FD216C27-693A-4947-BAC1-B521D70E8BD7 407

Resolution No. P- 08 -22
RZ2021-0002

EXHIBIT A

AMENDED GENERAL DEVELOMENT PLAN FOR 1065 EAST HILLSDALE BOULEVARD

The C-2/PD (General Business/Planned Development) zoning of the 5.135-acre parcel at the northwest corner of Foster City Boulevard and East Hillsdale Bo ulevard is herewith limited and specified to allow development of 115,436 sq. ft. (gross floor area) of four-story commercial office use and 5,200 sq. ft. (gross floor area) of single-story restau rant/retail tenant spaces with 332 parking spaces. all in accordance with the plans on file in the Planning Division of the Community Development Department.

DocuSign Envelope ID: FD216C27-693A-4947-BAC1-B521D70E8BD7 408

Resolution No. P- 08 -22
RZ2021-0002

EXHIBIT B

General Development Plan Graphic for the 5.135-acre parcel at 1065 East Hillsdale Boulevard

DocuSign Envelope ID: FD216C27-693A-4947-BAC1-B521D70E8BD7 409
RES
OLUTION NO. P- 09 -22
RES

OLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CIT Y

APPROVING A SPECIFIC DEVELOPMENT PLAN/USE PERMIT REQUEST FOR CONSTRUCTION OF AN APPROXIMATELY 5,200 SQUARE FOOT RESTAURANT/R ETAIL

PAVILION, AT THE NORTHWEST CORNER OF FOSTER CITY BOULEVARD AND EAST HILLSDALE BOULEVARD – TOWN CENTER NEIGHBORHOOD – APN 094-512-08 0 – DIVCOWEST (DWF IV CENTURY PLAZA, LLC) – UP2021-0015

CITY OF FOSTER CITY PLANNING COMMISSION
WHEREAS, Urban Planning Partners, as project applicant, on behalf of property owner DIVCOWEST (DWF IV Century Plaza, LLC) has requested Planning Commission approval of a Specific Development Plan/Use Permit for construction of an approximately 5,200 square foot restaurant/retail pavilion, with a maximum height of 25 feet, o n the parcel at the northwest corner of Foster City Boulevard and East Hillsdale Boulevard (A PN 094-512-080) in the Town Center neighborhood; and
WHEREAS, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.) and implementing guidelines (“CEQA”) adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, has found the project to be Categorically Exempt from CEQA, under Class 3, CEQA Section 15303 New Construction or Con version of Small Structures. Neither the project nor site meet any of the exceptions to the exemptions (EA2021- 0012); and
WHEREAS, full public involvement in the preparation of this Spe cific Development Plan/ Use Permit has been ensured through duly noticed Planning Commi ssion Study Sessions, public hearings, and other means; and including the following:

1. Special Meeting with the City Council Land Use Subcommittee – January 15, 2021 – to review proposed use and to provide early feedback and general d irection to the applicant on
their application.
2 . City Council Development Project Preliminary Review Meeting – January 19, 2021– to introduce the proposed project to the City Council and public and receive feedback prior to initiating t
he entitlement process.

3. Planning Commission Study Session – May 6, 2021– to solicit early feedback from the Commission and the public on the proposed project.

WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration of the Specific Development Plan/Use Permit request at the Planning Commission meeting of April 7, 2022, where the item was continu ed to May 5, 2022. On May 5, 2022, the Public Hearing was opened, held and closed; and DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 Attachment 3
410
Resolution No. P- 09 -22
UP2021-0015

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on facts and analysis in the Staff Report, written and oral testimony, and exhibits presented, finds:

A. The proposal to construct an approximately 5,200 square-foot, 25-foot tall, stand-alone outdoor pavilion structure featuring restaurant/retail tenant spaces, outdoor seating, and restrooms, primarily as an ancillary amenity to the existing Ce ntury Plaza office use would be consistent with the Foster City General Plan, Chapters 17.26 (C-2 General Business and 17.36 (PD Planned Development) of Title 17, (Zoning), and Chapter 2.28, (Planning), of Title 2, (Administration and Personnel), of the Foster City Municipal Code, because the proposal, as conditioned in Exhibit A will:
a. be consistent with Town Center General Plan Land Use designa tion of the subject site;
b. result in greater variety of land uses as well as density an d intensity of land uses in the area consistent with Land Use Goal LUC-C and Land Use Policy LUC-C-12; c. provide basic goods and services to residents and employees within walking distance consistent with Land Use Goal H and Land Use Policies D-1, D-2, E-8, and H-3;
d. architecturally complement the surrounding built environment , with the overall scale and massing of the project punctuating the verticality of adjac ent buildings and structures while remaining in character with the overall develo pment pattern of the neighborhood consistent with Land Use Goal LUC-B;
e. provide for economic development consistent with the princip les of Land Use Goal LUC-I;
f. provide for adequate on-site parking for safe and effective circulation, consistent with Land Use Goal LUC-G and Land Use Policy LUC-G-1; and g. provide for economic development by providing a restaurant/r etail pavilion on an underutilized area of a site within the Town Center neighborhoo d, increasing the assessed value of the property and providing for additional com munity-serving services at the subject property in particular and the City in general.

B. That the design of the proposal would be compatible with the site’s environment with respect to use, forms, materials, colors, setbacks, locati on, height, design or similar qualities as specified in Chapter 2.28 (Planning) of Ti tle 2, Administration and Personnel, and Section 17.58,010 of Chapter 17.58 (Architectura l Control and Supervision) of Title 17, Zoning, of the Foster City Municipal Code because the proposed 5,200 square foot outdoor pavilion structure featuring restaurant/retail tenant spaces and outdoor seating:
a. integrate sleek profiles featuring curved edges facing the C entury Plaza office building and taper to slim vertical facades fronting E. Hillsda le Blvd. The architecture complements the surrounding built environment, with the overall scale and massing of the project punctuating the verticality of adjac ent buildings and structures while remaining in character with the overall develo pment pattern of the neighborhood; and
b. the longer façades of eggshell colored powder coated metal f urthers the while and light color palette of the surrounding office buildings; and c. the removal of surface parking and addition of hardscape and landscape would create an enhanced “park-like” setting complementing the existing site; and DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 411
Resolution No. P- 09 -22
UP2021-0015

d. is set back a distance of approximately 3’ to 12’ from the property line to the northeast along E. Hillsdale Blvd and approximately 32’ from the property line to the southwest.

The siting will activate the E. Hillsdale Blvd. frontage, and w ill provide sufficient pedestrian, bicycle, and vehicular access to the pavilion and throughout the site; and e. will be landscaped using low-water-use, drought-tolerant tre es and shrubs which provide color, texture, and visual interest, consistent with the landscape designs in the vicinity.

C. That the proposal would not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, and will not be injurious or detrimental to property and improvements in the neighborhood , property values in the area, or the general welfare of the City because:
a. the proposed project is exempt from CEQA under Class 3, New Construction or Conversion of Small Structures. Exempt projects are classes of projects that have been determined to not have a significant effect on the environ ment (CEQA Guidelines Section 15300); and
b. the building will not cause any significant solar, visual or other adverse long term impacts on adjacent or neighboring properties or adversely affect property values; the pavilion building will be compatible with surroundi ng buildings and will comply with the commercial intent and purpose of the zone in wh ich the pavilion will be located, consistent with the intent and purpose of the City’s Architectural Control and Supervision Ordinance as stated in Section 17.58.01 0B of the Foster City Municipal Code.

WHEREAS, the applicant has requested reduction in parking requi rement under the provisions of Section 17.36.060, Off-Street Parking Requirement s in a PD District, of Chapter

17.36, PD Planned Development Combining District, of Title 17, Zoning, of the Foster city Municipal Code and provided a Parking Study prepared by W-Trans , dated June 9, 2021 and a Transportation Demand Management (TDM) Plan dated December 16 , 2021 and;

WHEREAS, the applicant is requesting to provide 332 parking sta lls where 430 stalls are required, a 23% reduction in parking. The parking study provided by the applicant concludes that based on the peak parking demand for the existing office and the proposed pavilion when 100% occupied and using the Institute of Transportation Enginee rs (ITE) parking demand for the proposed pavilion, there would be a total demand for 319 sp aces where 332 are provided; there would be an excess of 13 spaces; and

WHEREAS, the TDM measures outlined in the TDM Program would res ult in a vehicle trip reduction of 15 percent and would further reduce parking demand.

BE IT FURTHER RESOLVED that the Planning Commission approves UP 2021-0015, subject to the conditions in Exhibit A, attached hereto and incorporated herein.

DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 412
Resolution No. P- 09 -22
UP2021-0015

PASSED AND ADOPTED by the Planning Commission of the City of Fo ster City at a Regular Meeting thereof held on May 5, 2022, by the following vote:

AYES, COMMISSIONERS: Adams, Haddad and Jagtiani

NOES, COMMISSIONERS: Bronitsky

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS: Chairman Wykoff

__________________________
RICK D. WYKOFF, CHAIRMAN
BY: VICE CHAIR, EVAN ADAMS

ATTEST:

________________________________

MARLENE SUBHASHINI, SECRETARY

DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 413
Resolution No. P- 09 -22
UP2021-0015

EXHIBIT A

1065 EAST HILLSDALE BOULEVARD RESTAURANT/RETAIL PAVILION

USE PERMIT CONDITIONS OF APPROVAL

Conditions attached to approval of UP2021-0015 by the
Planning Commission on May 5, 2022

TABLE OF CONTENTS

1.0 GENERAL – APPLICABLE TO ALL

2.0 PRIOR TO ISSUANCE OF ANY PERMIT

3.0 PRIOR TO DEMOLITION PERMIT

4.0 PRIOR TO GRADING AND DRAINAGE

5.0 PRIOR TO UNDERGROUND UTILITIES

6.0 PRIOR TO STRUCTURAL AND ARCHITECTURAL SHELL

7.0 PRIOR TO TENANT IMPROVEMENTS

8.0 PRIOR TO LANDSCAPE AND FLATWORK

9.0 GENERAL CONSTRUCTION PRACTICES

10.0 PRIOR TO OCCUPANCY

11.0 OPERATIONAL REQUIREMENTS

BOLD: INDICATES SITE SPECIFIC CONDITION

DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 414
Resolution No. P- 09 -22
UP2021-0015

1.0 GENERAL

1.1 The following conditions shall be met prior to the issuance of a building permit except as otherwise specified. Any questions pertaining to these conditions should be directed to the City department indicated.
(BD = Building Inspection Division, CBO = Chief Building Offici a l , C C = C i t y Council, CDD = Community Development Director, CE = City Engine er, E/PW = Engineering/Public Works, FIRE = Fire, P/R = Parks and Recreati on, PC = Planning Commission and POL = Police).

1.2 The project shall be built according to plans approved by t he Planning Commission on May 5, 2022, labeled Century Plaza Pavilion, sheets GO.1-1through LT1.0, prepared by lowney arch and dated October 12, 2022. Any modification to the project shall require Planning Commission or Community Developm ent Director review and approval. The Community Development Director shall h ave the authority to approve minor changes. Once constructed or install ed, all improvements shall be maintained in accordance with the approve d plans. Any changes which affect the exterior character of the work, includ ing minor changes to materials and colors, shall be resubmitted for approval. Th e construction or placement of unapproved features or unapproved changes to build ings or structures which were a part of approved plans can and will result in the issuance of a “Stop Work Order” by the City, the need to revise plans an d obtain City approval for all changes prior to recommending work, and the possibility of penalty fees being assessed for unauthorized work.
(CDD)

1.3 The project approval shall expire two years from the date of approval on May 5, 2024. No extensions of the Use Permit shall be considered or granted except that Use Permits issued in conjunction with a Tentative Subdivision Map for a planned unit development shall expire no sooner than the approved Tentative Map, or any extension thereof, whichever occurs later (Municipal Code Section 17.06.180). (CDD)

1.4 This Use Permit may be modified by the implementation of ne w or revised conditions when, in the judgment of the Planning Commission and /or the Community Development Director, imposition of such new or revised conditions is essential in order to address a violation of the Foster City Municipal Code or EMID Code to protect the public health, safety, morals, or general welfare. (PC, CDD)

1.5 Before commencing any work in the City's right-of-way (inc luding trenching of complete streets), the applicant shall obtain an encroachment p ermit, posting the required bonds and insurance. The Engineering Division may requ ire that trenchless methods be used for crossings and connections under streets. (E/PW)

1.6 Bonds: Prior to issuance of a building permit, all require d bonds shall be submitted, and all required fees shall be paid to the City/District as follows:

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Resolution No. P- 09 -22
UP2021-0015

1.6.1 Public Improvements (utilities & streets) that are part o f the Development
 Applicant shall provide suitable securities acceptable to the City in the amount of 100% (performance), 100% (labor and material) and a 5 0% (one-year warranty) bond.
 The performance bond and the labor and material bonds shall be released upon satisfactory completion of improvements.
 The warranty bond will be released when requested by the owner after one year and upon completion of warranty inspection and necessary repairs.  Applicant shall provide a document verifying the cost of the public improvements to the satisfaction of the Engineering Division. (E/PW)

1 . 7 Fees: Prior to or at the time of submittal of design drawings for review, an itemized estimate of the cost of construction of all public and/or site improvements must be submitted for review and approval.

The approved estimate will be used for determining the amount required to cover incurred costs for engineering review, plan checking, contract administration, inspection, and testing by the Public Works Department. The mi nimum deposit amount required is 10 percent of the estimated cost for the public and/or site improvements, or $10,000, as determined by the Engineering Division.

The deposit must be renewed upon demand, to maintain a minimum balance of $8,000. All costs of plan checking, inspection, and contract a dministration by the Public Works Department will be charged against this deposit. At any time that the deposit is depleted below a balance of $4,000, plan checking/inspections will stop until the balance has been renewed to above $8,000. The unused balance of the deposit will be returned to the applicant upon completion of the work. (E/PW)

1.8 Prior to the issuance of a building permit, the applicant shall enter into an agreement with the City which shall outline terms, conditions, and amount of revenue that is required to be paid to the City in order to off set the fiscal impacts and costs of the project due to increased traffic within the Ci ty caused by or because of the project. Such agreement shall specify the type, location, and cost of traffic-related road improvements named to be the responsibility of the applicant and shall be satisfactory in form and content to the City Attorney and as approved by the City Council.
(E/PW)

1.9 The project applicant and/or owner shall defend (with couns el reasonably acceptable to the City), indemnify, and hold harmless City/Este ro Municipal Improvement District Parties, from and against, any and all Claims arising directly or indirectly from the project.

1.10 Pursuant to Section 66020 of the California Government Cod e, the applicant shall have 90 days from date of project approval, or 90 days from the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 416
Resolution No. P- 09 -22
UP2021-0015

on a development project, to protest any fees, dedications, res ervations, or other exactions.

1.11 All sanitary sewer improvements are to be constructed to t he satisfaction of the Engineering Division.
(E/PW)

1.12 All stormwater improvements shall be constructed to the sa tisfaction of the Engineering Division.
(E/PW)

1.13 Notwithstanding any depictions or statements in the projec t application or drawings, the project shall be subject to the California Building Standards (Title 24 of the California Code of Regulations) as adopted and amended b y the City of Foster City and the San Mateo Consolidated Fire Department, in effect as of the date of application for building permit.
( B D )

1.14 The building identification signs for the project will be reviewed through a separate Sign Use Permit and is not part of this Use Permit approval. (CDD)

2.0 PRIOR TO ISSUANCE OF ANY PERMIT

2 . 1 Prior to issuance of any building permits, one (1) complete set o f construction plan drawings in electronic format shall be submit ted to the Building Inspection Division. All Use Permit conditions of appr oval shall be included on plan sheet(s) in the drawing set.
(BD)

2.2 One (1) set in electronic format and one (1) set in printe d format of a site specific, design level, fault zone geotechnical report satisfactory to th e Chief Building Official, including one electronic or pdf version, shall be sub mitted for review and approval to the Building Division and contain design recommendations for grading, footings, retaining walls, and provisions for anticipated diffe rential settlement for each construction site within the project area. Specifically:
 Each investigation shall include an analysis of expected groun d motions at the site identified faults. The analysis shall be in accordance wi th applicable City ordinances and policies, and consistent with the most recent ve rsion of the California Building Code, which requires structural design that c a n accommodate ground accelerations expected from identified fault s. The analysis presented in the geotechnical investigation report sha ll provide recommendations to minimize seismic damage to structures from t otal and differential settlements and to protect steel and concrete (and any other material that may be placed in the subsurface) from long-term d eterioration caused by contact with corrosive on-site soils. All design meas ures, recommendations, design criteria, and specifications set forth in the final geotechnical investigation report shall be implemented.  The investigations shall determine final design parameters for the walls, DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 417
Resolution No. P- 09 -22
UP2021-0015

foundations, foundation slabs, surrounding related improvements , and infrastructure (including sidewalks, roads, driveways, parking areas, and utilities).
 The investigations shall be reviewed and approved by a registe red geotechnical engineer. All recommendations by the project engi neer, geotechnical engineer, shall be included in the final design, as approved by the City of Foster City.
 The geotechnical report for the project shall include evaluati on of fixtures, furnishings, and fasteners with the intent of minimizing collat eral injuries to building occupants from falling fixtures or furnishings during the course of a violent seismic event. Recommendations that are applicable to f oundation design, earthwork, and site preparation that were prepared prio r to or during the projects design phase, shall be incorporated in the project.  Final seismic considerations for the site shall be submitted t o and approved by the Building Division prior to commencement of the project.  If deemed necessary by the Chief Building Official, a peer rev iew may be required for the geotechnical report. Personnel reviewing the geologic report shall approve the report, reject it, or withhold approval pending the submission by the applicant or subdivider of further geologic and engineer ing studies to define active fault traces more adequately.
 The final geotechnical investigation report shall provide reco mmendations to minimize the potential damage to structures from total and diff erential settlement and to protect steel and concrete (and any other mat erial that may be placed in the subsurface) from long-term deterioration cause d by contact with corrosive on-site soils. All design measures, recommendati ons, design criteria, and specifications set forth in the final geotechnical investigation report shall be implemented.
 The final geotechnical investigation report shall provide reco mmendations to minimize the potential damage to utilities and flatwork due to settlement.

Analysis and investigation shall include, but not be limited to , historic, and proposed grade changes, sensitivity to new loading, increased d ensities due to over-excavation and re-compaction, secondary compression, an d induced settlement within the building area in the evaluation of the po tential range of future settlements, and the need for special measures such as f lexible utility connections, hanging underslab utilities, hinges slabs at build ing/flatwork transitions, etc.
( B D )

2.3 The applicant shall provide a Waste Management Plan for all a s p e c t s o f construction from start to finish with estimated quantities of debris expected to be generated by the project, how it will be recycled/disposed of, and an accompanying deposit in accordance with Chapter 15.44 of the Foster City Mun icipal Code and California Green Building Code. A separate Waste Management Pla n will be required for projects that require Demolition (see Section 3.0). (E/PW, BD)

2.4 Prior to issuance of a building permit, the Construction Be st Management Practices (BMPs) from the San Mateo Countywide Stormwater Pollu tion Prevention Program (SWPPP) shall be included as notes on the bu ilding permit DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 418
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drawings.
(BD, E/PW)

2.5 Prior to the commencement of any work, the general contract or shall:
a) Along with the project applicant, attend a pre-construction meeting with the Community Development Director, Chief Building Official and oth er departments the Community Development Director invites to discu ss the project conditions of approval, working hours, site maintenance and other construction matters; and
b) Acknowledge in writing that they have read and understand th e project conditions of approval, particularly those pertaining to constr uction practices and site safety, and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. (CDD, BD)

2.6 The construction contractor shall designate a “noise distu rbance coordinator” who shall be responsible for responding to any local complaints abo ut construction noise. The disturbance coordinator shall determine the cause of the noise complaints (e.g., beginning work too early, bad muffler) and in stitute reasonable measures warranted to correct the problem. A telephone number f or the disturbance coordinator shall be conspicuously posted at the construction site. The construction contractor shall protect all downstream sanitary s ewer lines from construction debris while performing sanitary sewer constructio n. Means to prevent construction debris must be used and shall be inspected by the construction inspector.
( B D )

2.7 Prior to commencement of any site work or the introduction of any earth moving equipment or building materials onto the site, the applicant sh all ensure that a temporary 6 (six) foot tall chain-link fence (no portion of whi ch contains barbed wire) with a dark green (or other color approved by the Communi ty Development Director) vinyl or canvas interior liner placed on the exterior of the fence shall be placed around any ya or any portion of a yard which the Chief Building Official shall identify as requiring such. This fence shall be in place as app roved until the Chief Building Official shall allow it to be removed or changed. The fence may only be expanded or contracted in size upon approval of the Chief Building Official. Failure to adhere to this condition of approval shall result in the per mit being brought to the Planning Commission for its review and introduction of stricter site and building construction regulations. The gate to the fence shall be locked at all times that the fenced area is left unattended by either the owner or resident, the contractor or subcontractors. All construction materials and equipment, inclu ding temporary or portable equipment, such as generators, storage containers or f acilities, shall be stored within the interior of the fenced area when construction activities are not occurring. If placed anywhere on site, portable toilets shall b e placed within the interior of the fenced area at all times.
(CBO, CDD)

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2.8 Prior to commencement of any site work or placement of any construction trailers, the applicant shall submit a Site Logistics Plan showing propos ed haul routes, placement of the construction trailers (if any) and areas for m aterials/equipment materials/equipment delivery, materials/equipment storage, wast e collection and maintenance/fueling of vehicles/equipment. The Site Logistics P lan shall be subject to approval by the Community Development Director. a) The Site Logistics Plan designated storage areas for material delivery, storage, and waste collection shall be as far away from catch basins, gutters, drainage courses, and water bodies as pos sible. All hazardous materials and wastes used or generated during project site development activities sh all be labeled and stored in accordance with applicable local, state, and fede ral regulations.

In addition, an accurate up-to-date inventory, including Materi al Safety Data Sheets, shall be maintained on-site to assist emergency respons e personnel in the event of a hazardous materials incident.
b) The Site Logistics Plan designated area for all maintenance and fueling of vehicles and equipment shall be bermed or over a drip pan that will not allow run-off of spills. Vehicles and equipment shall be regularly ch ecked and have leaks repaired promptly at an off-site location. Secondary containment shall be used to catch leaks or spills any time that vehicle or equipmen t fluids are dispensed, changed, or poured.
c) The Site Logistics Plan shall locate equipment staging in ar eas that will create the greatest possible distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all p roject construction.
(CDD, BD, FIRE)

2.9 The contractor shall prepare a Waste Disposal and Hazardous Materials Transportation Plan prior to construction activities where haza rdous materials or materials requiring off-site disposal would be generated. The P lan shall include a description of analytical methods for characterizing wastes, ha ndling methods required to minimize the potential for exposure, and shall establish procedures for the safe storage of contaminated materials, stockpiling of soil s, and storage of dewatered groundwater. The required disposal method for contaminated materials (including any lead-based paint, asbestos, or other hazardous b uilding materials requiring disposal), the approved disposal site, and specific r outes used for transport of wastes to and from the project site shall be indic ated. The Plan shall be prepared prior to demolition or development activities and submitted to the City. (E/PW, BD, FIRE)

2.10 Within sixty (60) days following the completion of the dem olition phase of a covered project, and again within sixty (60) days following the complet ion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates complianc e with Chapter

15.44 of the Foster City Municipal Code and the California Gree n Building Code.

Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed. (BD)
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2.11 Beginning July 1, 2019, applicants shall complete and subm it the “PCB Screening Assessment Form” for any project requiring a demolit ion permit (BD, E/PW)

2.12 Hazardous materials and wastes generated during demolition activities, such as fluorescent light tubes, mercury switches, lead based paint, as bestos containing materials, and PCB wastes, and subsurface hazardous building ma terials generated during grading and trenching activities, such as asbe stos-cement piping, shall be managed and disposed of in accordance with the applicable universal waste and hazardous waste regulations. Federal and st ate construction worker health and safety regulations shall apply to the removal of hazardous building materials and demolition activities, and any required worker health and safety procedures shall be incorporated into the contractor’s specifications for the project. Documentation of the surveys and abatement activities shall be provided to the City prior to the demolition of structures located at the project site. (BD, FIRE)

2.13 Prior to issuance of a building permit, any development in volving one or more acres of total land area must obtain a General Permit from the State Water Resources Control Board. This permit requires the owner/develo per to do the following:
 Submit a Notice of Intent (NOI) to the State Water Resources C ontrol Board prior to commencement of construction activity.
 Copies of the NOI and the SWPPP must be submitted to the Engin eering Division along with proof of compliance.
(E/PW)

2.14 Prior to issuance of a building permit, the plans shall d emonstrate compliance with the San Mateo Countywide Water Pollution Prevention Program, (s ee www.flowstobay.org including, but not limited to, submittal of checklists related to impervious surface and stormwater:
 C.3 and C.6 Checklist
 Project applicant checklist for NPDES Permit Requirements  Stormwater Control Plan: Any improvements identified in the SW CP shall be constructed prior to first occupancy to the satisfaction of the Engineering Division.
(E/PW)

2.15 The applicant shall prepare and implement a Storm Water Po llution Prevention Plan (SWPPP) to the satisfaction of the Engineering Division to reduce potential adverse impacts to surface water quality during the constructio n period. The SWPPP shall be prepared by a Qualified SWPPP Practitioner (QSP). The SWPPP shall include the minimum BMPs required for the identified Risk l e v e l . B M P implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormw ater Best Management Handbook-Construction. The SWPPP shall be designed t o address the following objectives:

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 All pollutants and their sources, including sources of sedimen t associated with construction activity are controlled.
 Where not otherwise required to be under a Regional Water Boar d permit, all non-stormwater discharges are identified and either eliminated, controlled, or treated.
 Site Best Management Practices (BMPs) are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges from construction activity to the Bes t Available Technology and Best Conventional Technology (BAT/BCT) standard; and  Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed.
 Best Management Practices (BMPs) shall be designed to mitigate construction-related pollutants and at a minimum, include the following:
- Practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solv ents, adhesives) with stormwater. The SWPPP shall specify properly designed centralized storage areas that keep these materials out of the rain.
- Reduce erosion of exposed soil which may include, but are not limited to: soil stabilization controls, watering for dust control, per imeter silt fences, placement of hay bales, and sediment basins. The potential for erosion is generally increased if grading is performed during t he rainy season because disturbed soil can be exposed to rainfall and st orm runoff.
- If grading must be conducted during the rainy season, the pri mary BMPs selected shall focus on erosion control (i.e., keeping sed iment on the site). End-of-pipe sediment control measures (e.g., basi ns and traps) shall be used only as secondary measures. Ingress and eg ress from the construction site shall be carefully controlled to min imize off- site tracking of sediment. Vehicle and equipment wash-down faci lities shall be designed to be accessible and functional during both d ry and wet conditions.
 The SWPPP shall specify a monitoring program to be implemented by the construction site supervisor and shall include both dry and wet weather inspections. In addition, in accordance with State Water Resources Control Board requirements, monitoring shall be required during the con struction period for pollutants that may be present in the runoff that are “not visually detectable in runoff.”
 To educate on-site personnel and maintain awareness of the imp ortance of stormwater quality protection, site supervisors shall conduc t regular tailgate meetings to discuss pollution prevention. The frequenc y of the meetings and required personnel attendance list shall be specif ied in the SWPPP.
 A QSD shall be responsible for implementing BMPs at the site. The QSD shall also be responsible for performing all required monitorin g, and BMP inspection, maintenance and repair activities. The developer s hall retain an independent monitor to conduct weekly inspections and provide written monthly reports to the Engineering Division to ensure complianc e with the DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 422
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SWPPP. Water Board personnel, who may make unannounced site inspections, are empowered to levy considerable fines if it is determined that the SWPPP has not been properly prepared and implemented. (E/PW)

2.16 Prior to commencement of work, as required by California Government Code 4216, Underground Service Alert (USA) shall be contacted by the contr actor to provide information on the location of underground utilities in the pub lic right of way prior to earth work activities at the site. In addition to contacting USA, the applicant and/or contractor shall also be responsible for verifying locat ions of all utilities on the project site. This shall be included as notes on the building permit drawings. (E/PW)

2.17 Prior to issuance of a building permit a pre-construction condition visual or video survey of the roadway shall be prepared for review and approval by the Engineering Division. The roadway survey shall determine the PC I (Pavement Condition Index) of the pavement/roadway adjacent to the projec t and along the approved construction haul routes shall be performed by an engi neering firm approved by the Engineering Division. The survey shall be paid for by the project developer and shall establish a baseline PCI for the streets af fected during construction. Prior video survey may be considered.
(E/PW)

2.18 Prior to issuance of a building permit, a pre-construction visual survey of the condition of the existing curb, gutter, and sidewalk adjacent t o the property shall be performed. The applicant shall prepare a pre-condition surve y report with photos to be submitted to the Engineering Division for review. Report shall document pre-existing condition of curb and gutter, as well as sidewalk hazards/defects that are in need of repair.
(E/PW)

2.19 Prior to issuance of a building permit, the applicant sha ll prepare a pre-construction CCTV survey report on the existing wastewater collection system gravity mains form the on-site system to the main in the street, to be submitted to the Engineering Division for review. Previous recent video surveys may be used. (E/PW)

2.20 Prior to issuance of a building permit, the existing storm drainpipe lines on the project site and downstream thereof to the nearest lagoon outlet shall be televised to determine their existing condition. Applicant shall submit a map illustrating the route to be televised for approval of the Engineering Division prior to the survey.

The existing storm drain inlets shall be cleaned and protected as necessary during the project.
(E/PW)

2.21 Prior to issuance of a building permit, the applicant shal l arrange a joint field meeting with representatives of the Water Department to perform a visual survey of the condition of the existing water distribution system (including testing of valves and appurtenances) in the vicinity of the project site. The applicant shall prepare a DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 423
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pre-construction survey report to be submitted to the Engineeri ng Division for review. Report shall document the condition of valves and other appurtenances tested and extent of water system mains surveyed.
(E/PW)

2.22 Prior to commencement of any site work or the introduction of any earth moving equipment or building materials onto the site, the applicant sh all insure that a temporary 6 (six) foot tall chain-link fence (no portion of whi ch contains barbed wire) with a dark green (or other color approved by the Communi ty Development Director) vinyl or canvas interior liner placed on the exterior of the fence shall be placed around any yard or any portion of a yard which the Chief Building Official shall identify as requiring such. This fence shall be in place as approved until the Chief Building Official shall allow it to be removed or changed. The fence may only be expanded or contracted in size upon approval of the Chief Bu ilding Official.

Failure to adhere to this condition of approval shall result in the permit being brought to the Planning Commission for its review and introduct ion of stricter site and building construction regulations. The gate to the fence sh all be locked at all times that the fenced area is left unattended by either the own er or resident, the contractor or subcontractors. All construction materials and eq uipment, including temporary or portable equipment, such as generators, storage co ntainers or facilities, shall be stored within the interior of the fenced a rea when construction activities are not occurring. If placed anywhere on site, porta ble toilets shall be placed within the interior of the fenced area at all times. (CBO, CDD)

3.0 PRIOR TO DEMOLITION PERMIT – N/A

4.0 PRIOR TO GRADING AND DRAINAGE

4.1 Subsequent to issuance of a grading permit by the Building Inspection Division and prior to commencement of any work pertaining to on-site dra inage facilities, grading, or paving, or any work in the City's right-of-way, the applicant shall notify the Engineering Division at least forty-eight (48) hours in adv ance to schedule an inspection.
(BD, E/PW)

5.0 PRIOR TO UNDERGROUND UTILITIES

5.1 Submit improvement plans for the construction of all public and private improvements in accordance with the latest City Standard Drawin gs and Specifications. Should the applicant propose the use of develo pment and/or construction standards for any improvements and/or land uses which are different than those presently set forth in the City's Codes and Ordinanc es, Standard Specifications and Standard Plans, such standards must be prese nted to and approved by the City. The applicant shall cause Standard Specif ications and Standard Drawings to be prepared in a format to be approved by the Engineering Division.
(E/PW)

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5.2 Plans and specifications for grease interceptors or similar runoff control equipment, to be reviewed and approved by the Engineering Division. The equipment shall be installed by property owners/tenants to the satisfaction of the Public Works Department (San Mateo Environmental Compliance Source Control Inspector). (E/PW)

5.3 Should the geotechnical report find that there will be pote ntial differential settlement or if deemed necessary by the Chief Building Officia l, mitigation measures will be provided and may include flexible connections or alternative measures acceptable to the Chief Building Official for gas, ele ctric, sewer, water and other utilities and hinged, reinforced slabs shall be provided at transitions from building to sidewalks, walkways and driveways. The final geotec hnical investigation report shall provide recommendations to minimize the potential damage to structures from differential settlement
(BD, E/PW)

5.4 The location and size of all building utility service conne ctions, including water and gas & electric service, fire service and irrigation connections, shall be indicated on the drawings, to be reviewed and approved by the City. All chan ges to building utility connections shall be approved by the Community Development Department prior to construction. Building utility connections shall be l ocated, sized and screened in such a manner that they have the least possible impact on the design of the building and site. The architect or landscape architect of record shall be directly involved in the design and placement of all site and b uilding service connections and shall sign their respective plans submitted to the City which locate, size and/or screen building utility connections. (CDD)

5.5 Prior to issuance of a building permit, the improvement pla ns shall show all proposed electric, cable TV, gas and communication lines within the development to the satisfaction of the Engineering and Building Divisions. All utilities shall be underground.
(E/PW, BD)

5.6 During development of improvement plans, the location(s) of all above-ground utility equipment (Post Indicating Valves (P.I.V.), Backflow/Cr oss-Connection Devices, Fire Department Connections (FDC), fire hydrants and other such utilities shall be staked, and the locations approved by staffs of the Pl anning/Code Enforcement Division, Building Inspection Division, Fire Depart ment, and Public Works Department. Prior to final approval of the plans, the applicant shall arrange a joint field meeting with representatives from each of the Dep artments/Divisions listed above to confirm and verify locations for each above-gro und utility component.
(CDD, BD, FIRE, E/PW)

5.7 Wastewater System

5.7.1 The applicant shall have a registered civil engineer pre pare a sewer flow projection study and a hydraulic capacity study, to be submitte d to the DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 425
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Engineering Division for review. The study shall meet the appr oval of the Engineering Division and should:
 Verify that the existing sewer system is properly sized to mee t the projected increase in wastewater generation on the project site.  Study the on and off-site sewer system (including lift station s) which services the project (both upstream and downstream).
 Show the new connecting points to the existing sewers and mode l the estimated flows and peaking factors, as they relate to the changes in land use for the proposed project.

No on-site or downstream overloading of existing sewer system w ill be permitted. Any necessary improvements identified by the study shall be constructed by the developer/applicant at applicant’s sole cost. (E/PW)

5.7.2 Prior to issuance of a building permit, the improvement plans shall include the design of a wastewater collection system in accordance with the City’s Standard Details/Specifications and to the satisfaction of the Engineering Division. Wastewater collection system items of construction sh ould include at least the following:

 The locations and numbers of on-site pump stations with perman ent standby power, telemetry system and controls. All shall be as approved by the Engineering Division.
 Modification to and addition of permanent standby power to whi ch the proposed system is contributing sewage, if required.

 Sanitary sewer mains.
 Manholes with manhole frames and covers.
 Cleanouts. In commercial/industrial buildings the sewer inspec tion cleanouts shall be at accessible outside locations to allow for wastewater sampling.
 Wye branches and laterals.
 And together with appurtenances to any or all of the above. ( E / P W )

5.7.3 The existing sewer system should be capped at the prope rty line unless it is going to be reused. Lateral should not be abandoned in place. ( E / P W )

5.8 Storm Water System

5.8.1 Prior to issuance of a building permit, the improvement plans shall include the design of stormwater improvements in accordance with the Ci ty’s Standard Details/Specifications and to the satisfaction of the Engineering Division. Stormwater improvements items of construction should include at least the following:
 Surface and subsurface storm drain facilities.
 Manholes with manhole frames and covers.

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 Catch basins and laterals.
 Construct all catch basins as silt detention basins.
 And together with appurtenances, to any or all of the above. ( E / P W )

5.8.2 Prior to issuance of a building permit, a complete storm drainage study of the proposed development shall be prepared by a registered civil engineer and submitted as part of the improvement plans package. Draina ge facilities shall be designed in accordance with accepted engine ering principles and be approved by the Engineering Division. The hydrology/hydraulic analysis shall include the following:
 The amount of runoff, and existing and proposed drainage struc ture capacities.
 Verification that the existing storm drain system is adequatel y sized to handle the run-off from the project.
 Conformance with the City’s Drainage Design Criteria/Standards available on the City’s website:
https://www.fostercity.org/publicworks/page/city-standard-design- criteria
 Calculations and plans showing hydraulic grade lines.  Evidence that the system is capable of handling a 25-year stor m with the hydraulic grade line at least one foot below every grate.

No overloading of the existing system will be permitted. All ne eded improvements shall be installed by the applicants at applicants’ sole cost. (E/PW)

5.8.3 The applicant shall fully comply with the C.3 provisions of the Municipal Regional Stormwater NPDES Permit (MRP). Responsibilities includ e, but are not limited to, designing Best Management Practices (BMPs) into the project features and operation to reduce potential impacts to surface water quality associated with operation of the project. These feature s shall be included in the design-level drainage plan and final development drawings.

Specifically, the final design shall include measures designed to mitigate potential water quality degradation of runoff from all portions of the completed development.

All Stormwater control measures outlined in the current San Ma teo Countywide Water Pollution Prevention Program’s C.3 Stormwater Technical Guidance manual shall be incorporated into the projec t design.

Low Impact Development features, including rainwater harvesting and reuse, and passive, low-maintenance BMPs (e.g., grassy swales, porous pavements) are required under the MRP. Higher-maintenance BMPs may only be used if the development of at-grade treatment systems i s not possible or would not adequately treat runoff. Funding for long -term maintenance for all BMPs must be specified (as the City will no t assume maintenance responsibilities for these features). The applicant s h a l l establish a self-perpetuating drainage system maintenance program for the DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 427
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life of the project that includes annual inspections of any sto rmwater detention devices and drainage inlets. Any accumulation of sedi ment or other debris would need to be promptly removed. In addition, a n annual report documenting the inspection and any remedial action conducted shall be submitted to the Public Works Development for review and approval.

The drainage plan shall be prepared to the satisfaction of the Engineering Division.
(E/PW)

5.8.4 Prior to issuance of a building permit, should the City determine that the City’s storm drain system or storm drain pumping capacity requi res expansion or modification as a result of the applicants’ develo pment, the applicants shall pay for all necessary improvement costs. The timing and amount of payment shall be as determined by the City.
(CC, E/PW)

5.8.5 All storm drain lines and related storm drainage appurten ances located both within the property boundaries of the development site and associated offsite private easements shall be privately owned and maintain ed. Prior to issuance of a building permit, the applicants shall submit t o the City Engineer evidence of easements granted for private offsite storm drainage facilities located on adjacent private property. Said easements shall provide the applicants the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew all offsite storm drainage facilities, and appurtenant structures in, upon, over and acros s such easements.
(E/PW)

5.8.6 Prior to installation of any stormwater treatment improve ments (i.e., bio- detention basins), the applicant shall notify the Engineering D ivision to coordinate the inspections required for the various elements of t h e stormwater treatment installation. Failure to obtain inspection and approval by City staff may require the applicant to remove any stormwater treatment components, which were not inspected by the City at the applica nt’s cost.

In addition, the Engineering Division shall be notified at leas t forty-eight (48) hours in advance to schedule the necessary inspections. (E/PW)

5.9 Water Distribution System

5.9.1 To properly evaluate necessary improvements, a complete w ater system capacity study of the on-and-off site water system which servic es the proposed project shall be prepared by a registered civil engineer approved by the City/District Engineer and retained by the project devel oper prior to approval of a building permit. The study shall include: a map showing the project location, utility drawings for the project area (pdf an d CAD files), a project description (type of development, number of units, land u s e , acreage, etc.), and a system demand analysis (including average daily DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 428
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demand, maximum daily demand, peak hour demand, and fire flow requirements), specific to the proposed development. The study s h a l l include a detailed water pipe hydraulic flow analysis to determ ine whether the existing water distribution system is properly sized to mee t the projected new water demands on the project site. All needed construction improvements to upsize the existing water distribution system t o meet the demands of the new project shall be constructed to meet Califor nia Fire Code and Foster City Fire Department requirements, by the appli cant at the applicant’s sole cost.
(BD, FIRE, E/PW)

5.9.2 Prior to the issuance of a building permit, the improveme nt plans shall include the design of a domestic water system to the satisfacti on of the Engineering Division. Water distribution system items of construction shall include at least the following:
 backflow prevention devices.
 water mains - minimum main size is 8 in. in any area. Fire fl ow determined for buildings/areas per "The Guide for Determining Required Fire Flow; Insurance Services Office; Municipal Survey Service;"
 valves.
 tees.
 fittings.
 hydrants.
 meters.
 services.
 and together with appurtenances to any or all of the above.  all water mains serving fire hydrants, shall be a minimum of 8 " in diameter
(E/PW, FIRE)

5.9.3 Water lines shall be designed for fire flows to meet Cali fornia Fire Code and Fire Department requirements.
(E/PW, FIRE)

5.9.4 Prior to the issuance of a building permit, the applicant shall submit a design for all required backflow prevention devices in accordance with the Department of Health Services requirements. A backflow device shall be installed at each connection point to the City/District water system for both domestic and fire lines. The size and type of the backflow prev ention devices are subject to approval by the Engineering Division. In addition, the required double check valve assembly shall be located on the dr awings and provisions included for screening adjacent to property line . All backflow prevention assembly devices shall meet the California Health and Safety Code (CA H&SC) and installed in accordance with the USC specifications.
(BD, E/PW, FIRE)

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5.9.5 Prior to the issuance of a building permit, the applicant shall indicate on- site hydrants, blue reflective pavement markers and mains at lo cations approved by the Fire Department. Hydrants shall meet the follo wing requirements:
 Fire hydrants shall be installed not more than 250 ft. apart - in some instances distances may be less and must meet San Mateo Consolidated Fire Department requirements.
 All new fire hydrants or replacement of existing hydrants shal l conform with current City standards.
 Placement shall conform to current City standards.
(FIRE, E/PW)

5.9.6 Prior to the issuance of a building permit, the applicant shall submit a request for all required water meters, including payment for th e meters.

The applicant shall provide calculations supporting the size and type of the meters. The size and type of the meters are subject to approval by the Engineering Division. Water meters shall be located at the property line. (BD, E/PW)

5.9.7 Sub-meters shall be provided for each individual dwelling unit if individual meters are not provided. The required water sub-meters shall be installed prior to occupancy.
(BD, E/PW)

5.9.8 All water lines and related water appurtenances located w ithin the property boundaries of the development site shall be privately owned and maintained. Private water lines do not need to have Master Mete r(s).

Where appropriate, prior to issuance of a building permit, the applicants shall submit to the City Engineer evidence of easements that ar e shared with other privately owned and maintained for water facilities. S a i d easements shall provide the applicants the right at any time, o r from time to time, to construct, maintain, operate, replace, remove, and renew all water facilities, and appurtenant structures in, upon, over and across such easements.
(E/PW)

6.0 PRIOR TO ARCHITECTURAL AND STRUCTURAL SHELL

6.1 Elevations shall be included in the building permit plans i ndicating colors and materials, listing manufacturers’ names and product identificat ion, and shall be approved by the Community Development Director.
(CDD)

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6.2 No rooftop equipment of any kind or exterior conduit shall be visible from the ground level on the site or from adjacent public rights-of-way or ground level on adjacent properties. At initial project construction and in the future, cross-sections and details of the proposed rooftop equipment, sight line studi es demonstrating the visual impact of equipment, and related screening shall be submitted to the Community Development Director for approval.
(CDD)

6.3 All vents shall be shown on the exterior elevations. Where feasible, venting shall be directed to the roof and consolidated to minimize its visibility, subject to approval by the Community Development Director.
(CDD)

6.4 Prior to the issuance of a building permit, the applicant s hall provide a letter to the City from the Manager, Customer Services, of the United States Postal Service/San Mateo Post Office, stating that the Postal Service has reviewed proposed plans and methods for providing a postal service to th e tenants or residents of the proposed building(s) or development and has approved them. (CDD)

6.5 The applicant shall provide a letter describing the sustain able practices that are included in the project and referencing the sheets in the build ing permit drawings that demonstrate the inclusion of the sustainable practices for review and approval by the Community Development Director.
(CDD)

6.6 Prior to the issuance of a building permit, should mailboxe s be required by the Postal Service and allowed by the City, the applicant shall sub mit for staff review and approval a mailbox design and its specific placement prior to any installation, meeting the guidelines for mailbox placement and the City's Mailbox Ordinance. (BD, CDD)

6.7 Details of any trash/recycling enclosures shall be included , showing that the trash/recycling enclosures shall be covered, the drainage connected to the sanitary sewer and that it meets any other relevant stormwater control r equirements (see https://www.flowstobay.org/newdevelopment).
(CDD, E/PW)

6.8 Plans for trash enclosures and recycling facilities, including truck access to these facilities, shall be reviewed by the service provider and a l e t t e r provided from the service provider (Recology) indicating their comments, if any, have been satisfactorily resolved shall be provided along with the Building Permit submittal.
(CDD, E/PW)

6.9 Prior to issuance of the architectural/structural shell pe rmit, all emergency vehicle access and location of building numbers shall be identified to the satisfaction of the City.
(FIRE, POL, CDD)
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6.10 Prior to issuance of the architectural/structure shell per mit, an addressing plan shall be provided, including proposed addresses and size, location and illumination of address signage, subject to approval by City.
(FIRE, POL, CDD, BD)

6.11 The plans shall demonstrate compliance with the Indoor Wat er Conservation requirements contained in EMID Code Chapter 8.7, including, but not limited to, submittal of the Indoor Water Use Efficiency Checklist. The Che cklist shall be updated, if necessary, prior to issuance of the Tenant Improvement. (BD)

6.12 Rooftop solar installations shall meet the California Fir e Code and Electrical Codes for labels and clearance. Rooftop access will be required as pe r the California Building Code, California Fire Code and California Electric Code. (BD, FIRE)

6.13 Prior to issuance of the building permit, plans for the fi re sprinkler system and fire alarm system in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, and NFPA 13 and 72 shall be submitted and approved by the Chief Building Official and Fire Marshal. Installation shall be completed and approved prior to building occupancy.
 General:
o All PIV, OS & Y valves and Zone valves, etc. must be tamper sw itched. o All Fire Department connections (FDCs) must be within 50 ft. o r less of a water supply (fire hydrant). FDCs must have a minimum of two inlets.

Each building shall have an independent fire sprinkler system and FDC. o The required double check valve assembly shall be located on t he drawings and provisions included for screening.

 Fire Sprinklers:
o A combination fire sprinkler and fire standpipe shall be provi ded for each building.
o All new buildings/new construction except for Single Family ho uses (R3) shall install a National Fire Protection Association (NFPA) 13 Fire Sprinkler system. Single family homes shall have fire sprinkler systems complying with NFPA 13D.
o A horn strobe shall be installed in the area of the FDC at a l ocation approved by the Fire Marshal.

 F i r e P u m p s :
o A fire pump if required to meet minimum fire flow requirements , shall be provided to meet the fire sprinkler and standpipe demand(s). o Electric fire pumps are only acceptable with generator backup.

 Fire Alarm System:
o Fire alarm system(s) shall be zoned by address, floor, area an d type of device.

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o The fire alarm system(s) for the building shall have a horn/st robe system in each residential unit and a speaker/strobe system in the common areas.
(BD, FIRE)

6.14 Prior to issuance of a building permit, the applicant sha ll work with the Foster City Chamber of Commerce to reach out to and market the commercial space to local entrepreneurs and small business owne rs. The applicant shall submit a letter documenting this process to the attention of Community Development Director along with the building permit application. (CDD)

6.15 The applicant shall submit a separate Sign Use Permit for revie w and approval by the Planning Division for all exterior Building Ide ntification signs.

6.16 Annually, for five (5) years after Certificate of Occupan cy, the applicant shall provide an annual parking count study to the Community Developm ent Director. If the Community Development Director determines that there are parking demand issues, he/she may refer the project back to the Planning Commission to review the Transportation Demand Management program or other alternatives to address parking demand on-site.
(CDD)

6.17 The Applicant (or the project sponsor) shall pay the Affo rdable Housing Commercial Linkage Fee per Municipal Code Chapter 17.88 as well as all development impact fees in effect at the time of building permi t issuance. The amount of impact fees to be paid shall be those in effect at the time of payment of such fees.
(CDD)

7.0 PRIOR TO TENANT IMPROVEMENTS – N/A

8.0 PRIOR TO LANDSCAPE AND FLATWORK

8.1 Submit documentation and plans showing compliance with Chap ter 8.8 of the EMID Code, including, but not limited to submittal of the Outdo or Water Use Efficiency Checklist.
(E/PW, CDD, BD)

8.2 An exterior lighting plan including fixture and standard de sign, coverage and intensity shall be submitted, to be reviewed and approved by th e Community Development Department and the Police Department. In its review of the lighting plan, the City shall ensure that any outdoor night lighting pro posed for the project is downward facing, not overly bright at the property line and shielded so as to minimize nighttime glare and lessen impacts to neighboring prop erties. The City shall also ensure that all development plans for the proposed p roject conform to DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 433
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the performance standards provided under Section 17.68.080 of t he Foster City Municipal Code.
(CDD, POL)

8.3 Landscape plans shall include details of any fencing, walls and gates, to be reviewed and approved by the Community Development Director and the Chief Building Official.
(CDD, BD)

8.4 A planting plan neatly and accurately drawn to scale, indi cating types, quantities, locations and sizes of all plant material including existing ma jor vegetation designated to remain and street trees, method of protecting pla nting areas from vehicular traffic, and planting areas to be irrigated on separa te valves shall be submitted for Planning staff review and approval.
(CDD)

8.5 The planting plans shall show that the applicant will inst all and maintain landscaping in the unpaved areas within the public right-of-way abutting the development to the satisfaction of the Planning/Code Enforcement Division. (CDD)

8.6 The plans shall show that all trees planted closer than fou r (4) ft. from any public or private walkway, driveway or major structure shall be shielded with root barriers that are designed to the satisfaction of the City.
(CDD)

8.7 The location of backflow prevention devices for the irrigat ion system shall be adequately screened with planting material. Method of screenin g shall be approved by Planning staff prior to issuance of a building permit. (CDD, BD)

8.8 Domestic backflow prevention devices shall be consistent wi th the most recent list of approved devices maintained by the County Department of Health. (E/PW, BD)

8.9 Landscape plans shall show all planting areas shall be prot ected from common vehicular traffic by the provision of a 6-inch high concrete cu rb. Rolled curbs are not acceptable.
(CDD)

8.10 Evidence that a licensed landscape architect registered wi th the State of California has prepared or reviewed and found acceptable the planting and irrigation plans, cost estimate, and documents describing the existing soil condi tions, grading and soil preparation.
(CDD)

8.11 Planting plans shall include documentation describing the existing soil conditions, proposed grading, and soil preparation as they relate to provid ing a compatible growing medium for the selected plant material.

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(CDD)

8.12 At initial planting, all trees shall be a minimum of 15 g allons or larger. At least fifteen percent (15%) of the total number of trees approved as a part of the Landscape Plan shall be 24 inch or larger specimen trees to be planted along public rights-of-way or other locations as determined in the field by the Community Development Director. As and when trees are replaced, they wil l be replaced by trees of the same species which shall be a minimum of 15 gallons or larger. Only specimen size trees shall replace specimen size trees.
(CDD, Prior to planting)

8.13 The Developer shall submit a letter signed and stamped by the licensed landscape architect verifying that the plants that have been selected for the bioretention area/swale are drought tolerant, inundation tolerant, and requi re minimal maintenance consistent with the C.3/C.6 Checklist, as provided in Appendix A of the San Mateo County Wide Water Pollution Prevention Program’s C.3 Stormwater Technical Guidance Handbook at www.flowstobay.org.
(E/PW, CDD)

9.0 GENERAL CONSTRUCTION PRACTICES

9.1 Construction activities shall be limited to the hours of 8 a.m. to 5 p.m. on weekdays unless deviations from this schedule are approved in advance by the City. Non- construction activities may take place between the hours of 7 a .m. and 8 a.m. on weekdays and 9 a.m. and 4 p.m. on Saturdays but must be limited to quiet activities and shall not include the use of engine-driven machinery. No a ctual construction activities may take place between 7 a.m. and 8 a.m., except whe n post-tension slab foundations are being poured, the concrete pumper may be s et up, but no concrete may be poured. Forklifts shall be allowed to operate o nsite between the hours of 5 p.m. and 6:30 p.m. on weekdays. Construction noise levels shall not exceed the interior noise level of 50 dBAL
eq (hourly average) or the maximum
noise level of 70 dBAL max within occupied noise sensitive land uses. The Planning Commission reserves the right to rescind this conditio n and further restrict construction activities in the event that the public health, safety and welfare are not protected due to noise levels emanating from the construction project. (PC, BD, CDD)

9.1.1 Any requested deviations from the allowed hours for const ruction activities shall be submitted to the Community Development Director a mini mum of two (2) working days in advance for review and approval. Any ap proved deviations from the allowed hours shall be communicated to the Building Inspection Division and the Police Department.
(CDD)

9.2 In order to minimize construction noise impacts, all engine -driven construction vehicles, equipment and pneumatic tools shall be required to us e effective intake and exhaust mufflers; equipment shall be properly adjusted and maintained; all construction equipment shall be equipped with mufflers in accordance with OSHA standards.

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(BD)

9.3 The construction contractor shall place all stationary cons truction equipment so that emitted noise is directed away from sensitive receptors ne arest the project site.
(BD)

9.4 All construction shall be completed in a professional manne r and appearance. (CDD)

9.5 The following controls shall be implemented at all constru ction sites within the project to control dust and/or mud production and fugitive dust. ● Water all active construction areas at least twice daily and m ore often during windy periods; active areas adjacent to existing sensitive land uses shall be kept damp at all times or shall be treated with nontoxic stabil izers to control dust.
● Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard.
● Pave, apply water three times daily, or apply (nontoxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. ● Sweep daily (with water sweepers) all paved access roads, park ing areas, and staging areas at construction sites; and
● Sweep streets daily (with water sweepers) if visible soil mate rial is carried onto adjacent public streets.
● Blowing dust shall be reduced by timing construction activitie s so that paving and building construction begin as soon as possible after compl etion of grading, and by landscaping disturbed soils as soon as possible. ● Water trucks shall be present and in use at the construction s ite. ● All portions of the site subject to blowing dust shall be wate red as often as deemed necessary by the City in order to ensure proper control of blowing dust for the duration of the project.
● Watering on public streets shall not occur.
● All vehicle speeds on unpaved roads shall be limited to 15 mph . ● All roadways, driveways, and sidewalks to be paved shall be co mpleted as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
● Idling times shall be minimized either by shutting equipment o ff when not in use or reducing the maximum idling time to 5 minutes (as requir ed by the California airborne toxics control measure Title 13, Section 24 85 of California Code of Regulations (CCR). Clear signage shall be provided for construction workers at all access points.
● All construction equipment shall be maintained and properly tu ned in accordance with manufacturer’s specifications. All equipment s hall be checked by a certified visible emissions evaluator.
● Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the City Engineer.
● Watering associated with on-site construction activity shall t ake place between the hours of 8 a.m. and 7 p.m. and shall include at least one l ate-afternoon watering to minimize the effects of blowing dust.

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● All public streets and medians soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek t o t h e satisfaction of the City.
● Post a publicly visible sign with the telephone number and per son to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District‘s phone number shall a lso be visible to ensure compliance with applicable regulations.
( B D )

9.6 The General Contractor shall provide qualified supervision on the job site at all times during construction.
(BD)

9.7 All work shall conform to the applicable City/District code s. Good housekeeping practices shall be observed at all times during the course of c onstruction.

Superintendence of construction shall be diligently performed b y a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division.
(CDD, BD, E/PW)

9.8 The developer’s registered Engineer shall notify the Engine ering Division, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the civil plans. Any proposed changes shall be subject to the approval of the City before altered work is started. An y approved changes shall be incorporated into the final as-built drawings. (E/PW)

9.9 The applicant shall require all contractors to obtain and s ubmit to City any transportation permits required by Caltrans. Contractors are f urther required to obtain a transportation permit from City for hauling on local s treets. All vehicles hauling materials to the project site that exceed 12,000 pounds gross weight shall follow established truck route streets to the closest point of the job site unless directed otherwise by the Engineering Division.
(E/PW)

9.10 If paleontological resources are discovered during project activities, all work within 25 feet of the discovery shall be redirected and the Community Development Director immediately notified. A qualified paleontologist shal l be contacted to assess the situation, consult with agencies as appropriate, and m a k e recommendations for the treatment of the discovery. Paleontolo gical resources include fossil plants and animals, and evidence of past life su ch as trace fossils and tracks. Ancient marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Fossil vertebrate land ani mals may include bones of reptiles, birds, and mammals. Paleontological resourc es also include plant imprints, petrified wood, and animal tracks.

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Upon completion of the assessment, the paleontologist shall pre pare a report documenting the methods and results and provide recommendations for the treatment of the paleontological resources discovered. This rep ort shall be submitted to the project applicant, the Foster City Community D evelopment Department, and the paleontological curation facility.

Adverse effects to paleontological resources shall be avoided by project activities.

If avoidance is not feasible (as determined by the City, in con junction with the qualified paleontologist), the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, adverse effects on the resources shall be avoided, or such effects shall be mitigated. Mitigation can include, but is not necessarily limited to: excavation of paleontological resources using stand ard paleontological field methods and procedures; laboratory and technical analyses of recovered materials; production of a report detailing the methods, findin gs, and significance of recovered fossils; curation of paleontological materials at an appropriate facility (e.g., the University of California Museum of Paleontology) for future research and/or display; an interpretive display of recovered fossils at a local school, museum, or library; and public lectures at local schools on the findings and significance of the site and recovered fossils. The City shall ensure that any mitigation involving excavation of the resource is implemented prior to project construction or actions that could adversely affect the resource. (CDD, BD)

9.11 If deposits of prehistoric or historic archaeological mate rials are encountered during project activities, all work within 25 feet of the discovery shall be redirected and the Community Development Director immediately notified. A qualified archaeologist shall be contacted to assess the find, consult wi th agencies as appropriate, and make recommendations for the treatment of the discovery.

Prehistoric materials can include flaked-stone tools (e.g., projectile points, knives, choppers) or obsidian, chert, basalt, or quartzite toolmaking d ebris; bone tools; culturally darkened soil (i.e., midden soil often containing he at-affected rock, ash and charcoal, shellfish remains, faunal bones, and cultural mat erials); and stone- milling equipment (e.g., mortars, pestels, handstones). Prehistoric archaeological sites often contain human remains. Historical materials can in clude wood, stone, concrete, or adobe footings, walls, and other structural remains; debris-filled wells or privies; and deposits of wood, glass, ceramics, metal and other refuse.

Upon completion of the assessment, the archaeologist shall prep are a report documenting the methods and results of the analysis and provide recommendations for the treatment of the archaeological deposit s discovered.

The report shall be submitted to the project applicant, the Fos ter City Community Development Department and the Northwest Information Center. Pr oject personnel shall not collect or move any archaeological material s or human remains. Adverse effects to such deposits shall be avoided by project activities. If avoidance is not feasible (as determined by the City, in conjun ction with the qualified archaeologist), the archaeological deposits shall be evaluated for their eligibility for listing in the California Register. If the dep osits are not eligible, avoidance is not necessary. If the deposits are eligible, avoi dance of project DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 438
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impacts on the deposit shall be the preferred mitigation. If a dverse effects on the deposits cannot be avoided, such effects must be mitigated. Mi tigation can include, but is not necessarily limited to: excavation of the d eposit in accordance with a data recovery plan (see CEQA Guidelines Section 15126.4( b)(3)(C)) and standard archaeological field methods and procedures; laborator y and technical analyses of recovered archaeological materials; production of a report detailing the methods, findings, and significance of the archaeological site and associated materials; curation of archaeological materials at an appropria te facility for future research and/or display; preparation of a brochure for public d istribution that discusses the significance of the archaeological deposit; an interpretive display of recovered archaeological material sat a local school, museum, o r library; and public lectures at local schools and/or historical societies on the findings and significance of the site and recovered archaeological materials . The City shall ensure that any mitigation involving excavation of the deposit is implemented prior to the resumption of actions that could adversely affect the deposit. (CDD, BD)

9.12 If human remains are encountered, work within 25 feet of the discovery shall be directed and the County Coroner and the Community Development D irector immediately notified. At the same time, an archaeologist shal l be contacted to assess the situation and consult with agencies as appropriate. The project applicant shall also be notified. Project personnel shall not collect or move any human remains and associated materials. If the human remains a re of Native American origin, the Coroner shall notify the Native American H eritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Most Likely Descendant (MLD) to insp ect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results and provide recomm endations for the treatment of the human remains and any associated cultural materials, as appropriate and in coordination with the recommendations of the MLD. The project sponsor shall comply with these recommendations. The report shall be submitted to the project applicant, the Foster City Community Development Department, the MLD, and the Northwest Information Center.
(CDD, BD)

9.13 If the presence of hazardous materials is found on site, site remediation may be required by the applicable state or local regulatory agencies. Specific remedies would depend on the extent and magnitude of contamination and requirements of the regulatory agency(ies). Under the direction of the regulato ry agency(ies) and the City, a Site Remediation Plan shall be prepared, as required, by the applicant.

The Plan shall: 1) specify measures to be taken to protect work ers and the public from exposure to the potential hazards and, 2) certify that the proposed remediation would protect the public health in accordance with local, state, and federal requirements, considering the land use proposed. Excava tion and earthworking activities associated with the proposed project shall not proceed until the Site Remediation Plan has been reviewed and approved by the regulatory oversight agency and is on file with the City.
(E/PW, BD)
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9.14 Engineering fill brought on-site shall be demonstrated, b y analytical testing, not to pose an unacceptable risk to human health or the environment. Threshold criteria for acceptance of engineered fill shall be selected based on sc reening levels and protocols developed by regulatory agencies for protection of hu man health and leaching to groundwater (e.g., Water Board ESLs). The engineere d fill shall be characterized by representative sampling in accordance with U.S. EPA’s SW-846 Test Methods, by a qualified environmental professional and demonstrated to meet the threshold criteria above. The results of the sampling and w aste characterization shall be submitted by the contractor(s) to the City and SMCEHD prior to construction.
(E/PW, BD)

9.15 All excess fill shall be disposed of in accordance with Ci ty requirements. (E/PW)

9.16 The construction contractor shall protect all downstream s anitary sewer lines from construction debris while performing sanitary sewer constructio n. Means to prevent construction debris must be used and shall be inspected by the construction inspector.
(E/PW)

9.17 Within sixty (60) days following the completion of the dem olition phase of a covered project, and again within sixty (60) days following the complet ion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates complianc e with Chapter

15.44 of the Foster City Municipal Code. Documentation include s submission of a completed Final Compliance Report with corresponding recyclin g, salvage, and disposal receipts/tickets from the facilities, to demonstrate w here the debris was recycled, salvaged, or disposed.
( B D )

10.0 PRIOR TO OCCUPANCY

10.1 Prior to occupancy, the applicant shall arrange a joint fi eld meeting with the Public Works Department to inspect all public facilities (i.e., curb, gutter, sidewalk, roadway, etc.) and any facilities determined to be damaged duri ng construction, shall be marked by the Department and the development/owner sha ll restore at owner’s cost. All sidewalk that has settled or uplifted, shall be marked and repaired at owner’s cost.
( E / P W )

10.2 Prior to occupancy, following utility work in the street, all pavements shall be restored.
( E / P W )

10.3 Prior to occupancy, a post construction survey of the pave ment/roadway along the approved construction haul routes shall be performed by the sam e firm that performed the pre-construction condition survey. Based on the results of the survey, the City will determine a reimbursement amount from the applicant to cover DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 440
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the costs to restore the roadways affected, to the pre-construc tion condition. (E/PW)

10.4 Prior to occupancy, any development involving one or more acres of total land area must file a Notice of Termination to the State Water Resources Control Board at the completion of construction and submit a copy to the Public Works Department. (E/PW)

10.5 Prior to occupancy, the City shall be provided with Final AutoCAD (latest version) compatible files (DXF or DWG) and PDF for all computer-generate d mapping, construction plans, and graphic information related to site/civ il drawings for this project.
(E/PW)

10.6 Prior to occupancy the applicant shall prepare a post-con struction CCTV survey report on the new on-site wastewater collection system and exis ting wastewater collection system and force mains, to be submitted to the Foster City Public Works Department for review. Sewer lines filled with sediment or construction debris, or damaged, shall be cleaned out/repaired at applicant’s cost. (E/PW)

10.7 Prior to occupancy the existing storm drainpipe lines on t he project site and downstream to the nearest lagoon inlet shall be cleaned and sediment removed at the completion of the project. Applicant shall submit a map illustrating the route to be televised for approval of the Engineering Division prior to sediment removal. The storm drainpipe lines shall be televised after cl eaning to verify that the sediment has been removed and to identify any damages to th e storm drainpipe lines during construction. A post construction surve y report shall be prepared identifying facilities to be repaired and confirming r emoval of sediment from storm lines. The applicant shall be responsible for constructing and financing any such repairs. Sediment left in mains shall be subject to r e-cleaning at the applicant’s sole cost.
(E/PW)

10.8 Prior to occupancy the applicant shall arrange a joint fi eld meeting with representatives of the Water Department to perform a visual sur vey of the condition of the existing water distribution system (including testing of valves and appurtenances) in the vicinity of the project site. The applic ant shall prepare a post-construction survey report to be submitted to the Foster C ity Public Works Department for review. Report shall document any necessary rep airs required to the existing water supply infrastructure. The applicant shall be responsible for constructing and financing any such repairs.
(E/PW)

10.9 Prior to final building inspection, the property owner sha ll submit a Maintenance Agreement for Stormwater Treatment Measures and Hydromodificati on Management Controls, including a Maintenance Plan pertinent to the type(s) of measures included in the project, pursuant to the San Mateo Cou ntywide Water Pollution Prevention Program ( www.flowstobay.org). Following review and DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 441
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approval by City staff, the property owner shall have the Maint enance Agreement recorded prior to building occupancy approval. The Maintenance Agreement shall be made a part of any CC&Rs recorded for the property and shall include the following statements:
● The property owner shall be responsible for conducting all ser vicing and maintenance as described and required by the approved Maintenance Plan(s).

Maintenance of all site design and treatment control measures s hall be the owner’s responsibility.
● Site access shall be granted to representatives of the City, t he San Mateo County Mosquito and Vector Control District, and the Water Board, at any time, for the sole purpose of performing operation and maintenance in spections of the installed stormwater treatment systems.
(E/PW)

10.10 Prior to final occupancy, the C.3 and C.6 Project Closeout Form shall be completed by City staff and placed in the project file.
(E/PW)

10.11 Prior to occupancy, the applicant must provide recorded e asements for access by Police, Fire and Public Work vehicles responding to emergencies or maintaining, exercising, flushing or testing emergency equipment including f ire hydrants, fire department connections, and any public utilities on the site. Plat and legal descriptions must be signed and stamped by a registered civil e ngineer and submitted to the Engineering Division for review. Easements mu st be to the satisfaction of the Engineering Division and the Fire Marshal. Upon staff approval, the item is considered by the City Council/Board of Directors. Recordation by the County follows approval by the Council/Board.
(E/PW, FIRE, POL)

10.12 Prior to any occupancy, the temporary construction fencin g, and all construction related equipment and materials shall be removed from the subje ct building prior to the final inspection and issuance of the Certificate of Occupancy. (CDD)

10.13 Prior to occupancy, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the City and so reported on the sign-off sheet in the Use Permit file. The project shall be built in substantial compliance with the approved plans on record in the City.
(CDD)

10.14 Prior to occupancy, all street addresses for the subject building shall be clearly visible from the adjacent street. Numerals shall be of a size satisfactory to the Fire and Police Departments, typically six (6) inches minimum. Build ings not fronting on a roadway shall be required to have their locations identifi ed along the vehicle roadway nearest the building or at other locations as determine d by the Fire and Police Departments with numbers a minimum of six (6) inches. Re ar building entrance doors, including garage doors facing a street or drive aisle shall also be clearly marked with building number identification so that they can be found quickly in emergencies.

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UP2021-0015

(CDD, FIRE, POL)

10.15 Prior to occupancy, for commercial buildings, the street number numerals shall be no less than 6 inches in height and shall be of a contrasting color to the background surface to which they are attached. Rear building entrance doo rs shall also be clearly marked with building number identification so that they can be found quickly in emergencies. All building identification numbers shall be p rovided with a light source or internally illuminated during the hours of darkness. If internally illuminated signage is proposed, prior approval from the Community Development Department shall be obtained.
(CDD, FIRE, POL)

10.16 Prior to final occupancy, additional plant materials may be required by the Community Development Director and shall be planted prior to fi nal occupancy in order to screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. to the satisfaction of the Community Develo pment Director.

This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, e tc. have been installed and inspected
(CDD)

11.0 OPERATIONAL REQUIREMENTS

11.1 All improvements shall be maintained in a professional man ner and appearance. (CDD)

11.2 Upon occupancy of the project building(s) constructed as p art of this Use Permit, the current and future owners shall be responsible for maintain ing all common areas landscaping and landscaping in the adjoining public right-of-way in a healthy and vigorous condition. All landscape plant material and all hardscape and project amenities shall be maintained as originally approved by the Cit y. Modification of plant material other than routine pruning or maintenance shall require approval of the City. The integrity of the original landscape plan shall at all times be kept intact. (CDD)

11.3 At all times the requirements of the City's sign regulatio ns including but not limited to those contained in Chapter 15.12 (Sign Control), and Chapter 8.05 (Regulation of Smoking) of the Foster City Municipal Code shall be followed. Signs announcing temporary sales or events and all other public convenience sign s shall receive all required permits.
(CDD)

11.4 Truck arrival and unloading operations shall be conducted in accordance with all applicable City Ordinance requirements. If noise associated wit h truck arrival or unloading operations becomes a problem, all future site lessees, operators and/or owners shall work with the City to develop a plan to minimize n oise, including requiring an adjustment of truck arrival and/or unloading times. (CDD)

DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 443
Resolution No. P- 09 -22
UP2021-0015

11.5 The applicant or any future owner shall provide and conduc t regular maintenance of the site in order to eliminate and control the accumulation of trash, excess/waste materials and debris, including keeping all containers free of overflowing trash and materials. If the Community Development Director finds that the l a c k o f a designated smoking area is resulting in an excess accumulation of trash, the Community Development Director may require the owner to establi sh a signed designated smoking area in compliance with Chapter 8.05 (Regulation of Smoking) of the Foster City Municipal Code.
(CDD)

11.6 The current and future owners shall be responsible for imp lementing the Transportation Demand Management (TDM) Program required by the City/County Association of Governments, dated December 16, 2021 , on file with the Community Development Department and attached summary as Exhibit B. The owner or its successor in interest shall file an annual parking count/parking occupancy report by January 31 for five (5) years after certificate of occupancy, to the CDD Director. If the CDD Director determines that there are parking demand issues, the CDD Direct may refer the project back to the Planning Commission to review the Transportation De mand Management program or other alternatives to meet parking demand on-site. (CDD)

11.7 The property owners/tenants are prohibited from dischargin g any commercial fertilizers, pesticides or herbicides into the lagoon or water features. (E/PW)

11.8 The applicant/property owners/tenants shall control accumu lations of petroleum wastes and other pollutants in the streets and parking areas by frequent sweeping. (E/PW, CDD)

11.9 Tree canopies shall be maintained to provide a minimum cle ar area under the canopy of six (6) feet. Groundcover areas shall be maintained t o provide a maximum height of two (2) feet. The property owner shall provid e and conduct regular maintenance of the landscaping to preserve the required plant heights. (POL, CDD)

11.10 The project shall comply with the provisions of the City’ s Smoking Ordinance at all times (Chapter 8.05 Regulation of Smoking) including but not limited to prohibition of smoking in all apartment units, condominiums and townhomes w ith shared common walls, floors or ceilings, their balconies or patios; in all indoor and outdoor common areas of apartment units, condominiums and townhomes inc luding but not limited to lobbies, hallways, stairwells, elevators, escala tors, lawns, gardens, balconies, patios, yards and driveways; identifying specificall y designated areas (as long as the designated area is not located within thirty fe et of an entrance/doorway) with appropriate sign postings to permit smok ing unless the owner, proprietor or manager declares the entire property as no nsmoking; and posting ‘no smoking’ signs per the City’s regulations.
(POL, CDD)

DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 444
Resolution No. P- 09 -22
UP2021-0015

11.11 The trash enclosure has been designed to facilitate servi ce the trash service that includes the truck operator moving the bins in and out of the enclosure. No staging of bins outside of the trash enclosure shall be allowed, unless some alternative method is approved by the Community Development Director. (CDD)

11.12 Upon occupancy of the project building(s) constructed as part of this Use Permit, the current and future owners shall be responsible for maintaining the accessibility of all accessible paths, parking areas or any other accessible features. (BD)

11.13 Prior to tenant occupancy, a documented program of inspec tion, testing, for continuous maintenance (ITM) activities of all fire protection and life safety systems, and risk management requirements for building water sy stems, shall be submitted and approved by the Chief Building Official and Fire Marshal. The documented program shall be in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, NFPA 13, 70B, 72, and ANSI/A SHRAE Standard 188.
(BD)

11.14 The hours of operation are restricted to 7:00 a.m. to 9: 00 p.m., seven days a week. Any amplified or live music, or live event will be subject to the review of the Community Development Department and the Police Department. (CDD, POL)

DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 445
Resolution No. P- 09 -22
UP2021-0015

EXHIBIT B

Transportation Demand Management Plan for 1065 E. Hillsdale Boulevard Proposed Commercial Project
Prepared by W-Trans, December 16, 2021

DocuSign Envelope ID: BE9FC3A9-E32A-4877-A62A-73628B1537E4 446
ORDINANCE NO . ...2..0..9__
AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING TITLE 17 OF, THE FOSTER

CITY MUNICIPAL CODE (ZONING MAP), TO RECLASSIFY THAT LAND KNOWN AS 1065 EAST HILLSDALE BOULEVARD CONSISTING OF APN 094-512-080, AS A C-2/PD (GENERAL BUSINESS/PLANNED DEVELOPMENT) DISTRICT, WITH A GENERAL PLAN OF DEVELOPMENT AND CERTIFYING NOTICE OF NEGATIVE DECLARATION -- RZ-7-80 AND EIR-110-80

CITY OF FOSTER CITY

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES HEREBY ORDAIN as follows:

SECTION 1. The City Council has revi ev1ed the evidence and recommendations of the Planning Department and Planning Commisson and finds that the proposed rezoning would not be detrimental to the general health, welfare and safety of the City of Foster City.

SECTION lA. Changes or alterations have been refined in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the Environmental Assessment and incorporated in support of this finding is the report of the Planning Director on file in Case EIR-110-80.

SECTION 2. The City of Foster City Zoning Map is hereby amended to reclassify thaf.land known as 1065 East Hillsdale Boulevard to C-2/PD (General Business/Planned Development) District, with a General Plan of Development attached hereto as Exhibit A and by this reference made a part hereof, to be part of the Zoning Regulations app1icable to said property as provided in the Zoning Ordinance.

SECTION 3. The· Notice of Negative Declaration and the corre- sponding Initial Study have been reviewed and considered by the City Council. Said Notice of Negative Declaration is hereby certified as being in conformance with the California Environmental Quality Act (CEQA), subsequent amendments to said Act, and the State EIR Guidelines, as ad­ ministered by the State Resources Agency.

SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it should have adopted the ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsec­ tions, sentences, clauses or phrases be declared invalid.

SECTION 5. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall have it posted in three public places designated by the City Council.
- 1 -
Attachment 4
447
r"'\ , I
This Ordinance was introduced and read on the 17th day of November , 1980, and passed and adopted on the l st day of December , 1980, by the fo 11 owing vote:

AYES: Councilmen Barrett, Chavez, Chinn, Gilbert, and Mayor Kruss NOES: None
ABSENT: None
ABSTAIN: None
DAVID R. KRUSS, MAYOR
\ f/;
/?U\J ATTEST: \ir
-~rha Y2Z ~"'-=-=--'· ~-ANDREA M. P~VONE, CITY CLERK
- 2 -
448
--.· "

EXHIBIT A

GENERAL PLAN OF DEVELOPMENT
The C-2/PD (General Business/Planned Development) zoning of the 5.135 acre parcel at the northwest corner of Foster City Boulevard and East Hillsdale Boulevard is herewith limited and specified to allow development of 115,436 sq. ft. (gross floor area) of four-story commercial office use with 392 parking spaces.

Ingress/egress will be provided by two onsite driveways. One driveway would be located on East Hillsdale Boulevard approximately 340 ft. southwest of the Foster City Boulevard/East Hillsdale Boulevard intersection. The other driveway would be located on Foster City Boulevard approximately 390 ft. northwest of the Foster City Boulevard/East Hillsdale Boulevard intersection. Both driveways are restricted to right turns in and right turns out only. A three car right turn stacking lane (8 ft. X 60 ft. minimum) would be located within the public right-of-way immediately north­ west of the Foster City Boulevard driveway.

The applicant is negotiating with Wilsey and Ham, the adjacent property owners, regarding possible joint use of the existing driveway approximately 20 ft. southwest of the site on the Wilsey and Ham property. The Use Permit (UP-13-80) for the proposed project will specify whether this joint­ use driveway is required as a condition of approval. If the joint-use driveway is required by the City, a common drive\·Jay would connect the park­ ing areas of the two properties to provide the Community Builders, Inc. site access to the joint-use driveway.
- 3 -
449

CENTURY PLAZA PAVILION

10.12.2021
1065 E Hillsdale Blvd, Foster City, CA 94404
Attachment 5
450

PROJECT DATA
CENTURY PLAZA PAVILION - 10.12.2021 G0.1

D R A W I N G L I S T

V I C I N I T Y M A P

SHEET NUMBER SHEET NAME

GENERAL
G0.0 COVER SHEET
G0.1 PROJECT DATA
G1.1 RENDERING- BIRD'S EYE
G1.2 RENDERING- VIEW OF DINING PLAZA
G1.3 3D VIEWS

ARCHITECTURAL
A0.1 EXISTING SITE PLAN
A0.2 PROPOSED SITE PLAN
A0.3 SITE CIRCULATION DIAGRAM
A1.1 GROUND FLOOR PLAN
A1.2 ROOF PLAN
A2.1 EXTERIOR ELEVATIONS
A2.2 EXTERIOR ELEVATIONS
A2.3 EXTERIOR ELEVATIONS
A3.1 SECTIONS
A6.1 GROUND FLOOR LIGHTING PLAN
A6.2 ROOF LIGHTING PLAN

LANDSCAPE
L0.0 TREE REMOVAL PLAN
L1.0 LANDSCAPE SITE PLAN
L1.1 HYDROZONE PLAN
L1.2 FURNITURE PLAN
CIVIL
C1.0 EXISTING CONDITIONS
C1.0b EXISTING CONDITIONS
C2.0 PRELIMINARY SITE PLAN
C2.0b PRELIMINARY SITE PLAN
C3.0 PRELIMINARY GRADING AND DRAINAGE PLAN
C3.0b PRELIMINARY GRADING AND DRAINAGE PLAN
C4.0 PRELIMINARY UTILITY PLAN

LIGHTING
LT 1.0 PHOTOMETRIC PLAN
SHEET TOTAL: 28
N

P R O J E C T D E S C R I P T I O N

THE PROJECT CONSISTS OF ALL NEW, SINGLE STORY CONSTRUCTION INTENDED

TO SERVE THE EXISTING OFFICE BUILDING ON THE SAME LOT AS WELL AS PATRONS FROM ADJACENT OFFICE AND RESIDENTIAL PROPERTIES. NEW CONSTRUCTION WILL ALLOW FOR AS MANY AS THREE (3) FOOD SERVICE (OR

RETAIL SALES) TENANTS WHILE PROVIDING AN EXPANSIVE, COVERED OUTDOOR SEATING AREA.

P R O J E C T I N F O R M A T I O N
SITE LOCATION:
1065 E HILLSDALE BLVD., FOSTER CITY, CA 94404
GENERAL PLAN:`

TOWN CENTER COMMERCIAL
CODE: TOWN CENTER
ZONING DISTRICT:

C-2/PD GENERAL BUSINESS/PLANNED DEVELOPMENT
APN:

ASSESSORS PARCEL NUMBER
094-524-180
HEIGHT LIMIT:
90 FT/ 8 STORIES
BUILDING HEIGHT:
24' - 6" / 1 STORY
SETBACKS:

MIN. YARDS REQUIRED PROVIDED
FRONT: 0' 3' - 0"
SIDE: 0' 32' - 6"
REAR: 0' 350' - 0"

PROJECT LOCATION
LOT AREA:

5.14 ACRES (223,700 SF)
SITE COVERAGE:

SQUARE FEET PERCENTAGE
BUILDING AREA: 2,787 1.25
PARKING/ HARDSCAPE AREA: 6,641 2.97
LANDSCAPE AREA: 6,203 2.77
LOT AREA: 223,700 6.9*
*DOES NOT INCLUDE EXISTING BUILDING ON SITE
OUTDOOR SEATING AREA:
2,406 SF
PARKING:

EXISTING: 359
STANDARD: 351
HANDICAPPED: 8
PROPOSED: 332
STANDARD: 322
HANDICAPPED: 10
DEVIATION: 27
*SEE PARKING STUDY
PROPOSED SIGNAGE AREA:
85 SF ON EACH BUILDING, 170 SF TOTAL
451

RENDERING- BIRD'S EYE
CENTURY PLAZA PAVILION - 10.12.2021 G1.1

AERIAL VIEW FROM HILLSDALE BLVD
452

RENDERING- VIEW OF DINING PLAZA
CENTURY PLAZA PAVILION - 10.12.2021 G1.2

VIEW FROM PARKING LOT ENTRY
453
3D VIEWS
CENTURY PLAZA PAVILION - 10.12.2021 G1.3
VIEW FROM HILLSDALE BLVD. VIEW FROM HILLSDALE BLVD.

VIEW INTO OUTDOOR SEATING FROM HILLSDALE BLVD VIEW FROM PARKING LOT ENTRY 454
6" SS
8" SS
20" SS FORCE MAIN
SL S L
SL
SL
SL
SL

99.38 TC

98.88 FL

98.99 LG
SIGN
SIGN
SIGN
100.43 TC

99.95 PV
100.17 TC

99.68 PV
100.11 TC

99.61 PV
100.00 TC

99.59 FL

99.53 LG

99.99 TC

99.70 FL

99.68 LG

99.91 TC

99.66 PV

99.64 LG

99.95 TC

99.57 PV
100.95 TC
100.48 PV
101.10 TC
100.64 FL
100.69 LG
100.73 TC
100.27 FL
100.31 LG
100.08 TC

99.63 FL

99.67 LG

99.46 TC

98.99 FL

99.06 LG

99.43 TC

98.95 FL

99.05 LG

98.83 FL

98.96 LG

98.85 FL

98.95 LG

99.39 TC

98.98 PV

99.65 TC

99.15 FL

99.24 LG

99.60 TC

99.11 PV99.64 TC

99.20 PV

99.66 PV

99.15 TC

98.67 FL

98.77 LG

99.04 TC

98.57 FL

98.64 LG

98.64 TC

98.52 FL

98.59 LG

98.79 TC

98.68 FL

98.78 LG

98.95 TC

98.87 FL

98.97 LG

99.41 TC

98.94 FL

99.03 LG

99.17 TC

98.94 TC99.22 PV

99.25 PV

99.28 TC

99.64 TC 99.42 TC

99.15 PV

99.24 TC

98.91 PV

98.96 TC

98.65 PV

98.88 TC

98.62 PV

98.88 TC

98.55 PV

99.18 TC

98.89 PV

99.26 TC

98.93 PV

99.42 TC

99.11 PV

99.72 TC

99.42 PV

99.49 TC

99.00 FL

99.12 LG

99.38 TC

99.11 PV 99.48 TC

99.12 PV

99.13 TC

98.78 PV

99.21 TC

98.90 PV

99.20 TC

98.83 PV

99.53 TC

99.02 FL

99.14 TC

99.55 TC
100.03 TC

99.61 PV

99.72 TC

99.39 PV

99.73 TC

99.37 PV

99.61 PV

99.58 PV

99.55 PV

99.89 TC

99.43 PV

99.86 TC

99.40 PV

99.88 TC

99.46 PV

99.89 TC

99.46 PV

99.54 TC

99.15 PV 99.54 TC

99.13 PV

99.51 TC

99.04 PV

99.55 TC

99.10 PV

98.92 TC

98.54 PV

98.86 TC

98.48 PV

99.21 TC

98.85 PV

98.90 TC

98.57 PV

98.98 TC

98.38 PV

98.90 TC

98.51 PV

99.29 TC

98.84 PV

98.94 TC

98.48 PV

99.94 TC

99.48 PV

99.92 TC

99.48 PV99.94 TC

99.47 PV

99.94 TC

99.38 PV

99.38 TC

98.85 PV

99.46 TC

99.00 PV

99.30 TC

98.81 PV

99.19 TC

98.77 PV

99.11 TC

98.66 PV

99.46 TC

98.87 PV

99.36 TC

98.90 PV

99.41 TC

98.89 PV

99.89 TC

99.39 PV

99.91 TC

99.43 PV
100.06 TC

99.58 PV
100.36 TC

99.91 PV
100.11 PV
100.69 TC
100.22 PV
100.74 TC
100.23 PV
100.30 TC

99.80 PV

99.91 TC

99.56 PV

99.34 TC

98.88 PV

99.17 TC

98.76 PV

99.33 TC

98.85 PV

99.86 TC

99.44 PV

99.77 TC

99.31 PV

99.77 TC

99.30 PV
100.06 TC

99.52 PV

99.80 TC

99.33 PV

99.82 TC

99.41 PV

99.89 PV
100.06 TC

98.74 PV

99.60 TC

99.12 PV

99.34 TC

98.97 PV

99.24 TC

98.87 PV

99.32 TC

98.88 PV

99.73 TC

99.22 PV
100.32 TC

99.52 PV

99.80 TC

99.30 PV

99.89 TC

99.48 PV

99.88 TC

99.48 PV

99.82 TC

99.38 PV

99.95 TC

99.50 PV

99.98 TC

99.53 PV
TB
COMM
SDDI RIM 98.84
SDDI RIM 99.16
SDDI
RIM 98.68
BOT 91.68
SDDI
RIM 98.12
BOT 91.72
SDDI
RIM 98.04
BOT 92.89
SSMH
RIM 99.79
SSCO
RIM 99.79
SSCO
E

ELECTRIC
V
AULT
PG&E
T
ELE
FO
E
E
E
SB
TRANS-
F
ORMER
TRANS-
FORMER
ABOVE
GRADE
PG&E
WB
B
FP
CATV
24" RCP SD
12" RC
P SD
24" RCP SD
8" RC
P SD
25' - 0"

EXISTING SITE PLAN
CENTURY PLAZA PAVILION - 10.12.2021 A0.1
0 20'10'
N
455
GM

COMCAST FO
TB
COMM
SSCO
RIM 99.79
SSCO
PG&E
2"DW
PIV

KEY NOTES
1 ACCESSIBLE PATH OF TRAVEL
2 ACCESSIBLE PARKING STALL
3 POTENTIAL GLASS WIND SCREEN;

PER OWNER
4 LOADING
5 ROOF ABOVE
6 GAS MANIFOLD
7 EMERGENCY TRAFFIC SIGNAL
8 NOT USED
9 TRANSFORMER
10 FIRE ACCESS (DIAGONAL HATCH)
11 BIKE LANE
12 25' VISION TRIANGLE
LEGEND

ACCESSIBLE PATH OF TRAVEL
E. HILLSDALE BLVD.
5 1
20' - 0"
20' - 0"
50' - 0"
6 2 2
18' - 0"
90' - 0"
7 4
6' - 0"
72' - 0"
3' - 2"
32' - 6"
9' - 0"
12' - 4"
82' - 0"
9 25' - 4"

DRIVEWAY INTO ADJACENT BUILDING
10 1112 12
25' - 0"
5' - 2"3
3 N
S

SSE SE ESE
E
SSW
SW
WSW
W
ENE
NE
NNE
NNW
NWWNW

1.3- 13 MPH WIND SPEED
13- 32 MPH WIND SPEED
32-39 MPH WIND SPEED

PROPOSED SITE PLAN
CENTURY PLAZA PAVILION - 10.12.2021 A0.2
0 20'10'
N
2 WIND ROSE DIAGRAM

PROJECT AREA

RESTAURANT USE

PARKING CALCULATION

RESTAURANT USE
REQUIRED PARKING:

PARKING COUNT
EXISTING PARKING:

PROPOSED PARKING:

CAPACITY FOR EVENT USE
PEOPLE PER SF:

APPROX. USABLE AREA:

TOTAL CAPACITY:
*AREA INCLUDES OUTDOOR SEATING;

EXCLUDES CIRCULATION, RESTROOMS AND

SERVICE AREAS
4,046 SF*
1 SPACE/ 40 SF
4,046 SF/ 40 SF
102 SPACES
359
331 SPACES
1 2,230 SF
2,230 PEOPLE
456
GM

COMCAST FO
TB
COMM
SSMH
RIM 99.79
INV 95.74-IN
INV 94.74-OUT
SSCO
RIM 99.79
SSCO
PG&E
E. HILLSDALE BLVD.

FOSTER CITY BLVD.

TRASH/

LOADING DOCK

DRIVE THRU

RETAIL BANKING
(E) OFFICE BUILDING DROP OFF

EXISTING PGE

INFRASTRUCTURE

TO REMAIN
LEGEND

ON SITE CIRCULATION

OFF SITE CIRCULATION

SITE CIRCULATION DIAGRAM
CENTURY PLAZA PAVILION - 10.12.2021 A0.3
1" = 30'-0"1 ON SITE CIRCULATION DIAGRAM
0 60'30'
N
457
COMM
SSCO
RIM 99.79
SSCO
PG&E
WB
B
FP
CATV
PIV
1/ A3.1
1/ A3.1
760 SF
TENANT 1
816 SF
TENANT 2
236 SF
TENANT 3
54 SF
RESTROOMS 54 SF

RESTROOMS
54 SF
RESTROOMS 54 SF

RESTROOMS
A2.22
A2.2
1 A2.1
1 A2.1 2
100 SF

ELECTRICAL
1 2
3 A2.31
A2.3 2
4 YARD

RECYCLING
BIN
4 YARD

RECYCLING
BIN
4 YARD TRASH
BIN4 YARD TRASH
BIN
14 SF

STORAGE
14 SF

STORAGE
Color Legend

AMENITY

BACK OF HOUSE
RETAIL

UTILITY
ELEC.

PANEL
4 4
234 SF
TRASH

KEY NOTES
1 ROOF ABOVE
2 SEATING
3 TRASH ROOM
4 POTENTIAL GLASS WIND SCREEN;

PER OWNER

GROUND FLOOR PLAN
CENTURY PLAZA PAVILION - 10.12.2021 A1.1
N

AREA SCHEDULE

GROUND FLOOR
ELECTRICAL 100
RESTROOMS 215
STORAGE 28
TENANT 1 760
TENANT 2 816
TENANT 3 236
TRASH 234
TOTAL AREA 2,389
0 8'
458
1/ A3.1
1/ A3.1
A2.22
A2.2
1 A2.1
1 A2.1 2
93' - 4"
40' - 0"
10' - 0"
20' - 0"

LOWER ROOF AREA

FOR FUTURE HVAC

EQUIPMENT (TO BE

SCREENED)

LOWER ROOF AREA

FOR FUTURE HVAC

EQUIPMENT (TO BE

SCREENED)
A2.31
A2.3 2
31' - 7"
23' - 10"
22' - 0"
22' - 0"
1 2
3 4
5 6
6 KEY NOTES
1 UPPER (ARCHED) ROOF
2 LOWER (FLAT) EXPOSED

STRUCTURE
3 GUTTER
4 DOWNSPOUT
5 STEEL STRUCTURE; PAINTED
6 PARAPET; TYP

ROOF PLAN
CENTURY PLAZA PAVILION - 10.12.2021 A1.2
N
0 8'
459

GROUND FLOOR
0' - 0"
T.O. PODS
15' - 6"
T.O. ROOF
24' - 6"
B.O. ROOF
18' - 6"
1 3
10 13
9 13
12 6' - 0"3' - 0"15' - 6"
24' - 6"
2 14

GROUND FLOOR
0' - 0"
T.O. PODS
15' - 6"
T.O. ROOF
24' - 6"
B.O. ROOF
18' - 6"
2 3
8 9
11 6' - 0"3' - 0"15' - 6"
24' - 6"

OPEN TO
BEYOND
1 MATERIAL PALETTE
2 EGGSHELL POWDER

COATED BRAKE METAL

DARK GREY POWDER

COATED BRAKE METAL
3 4 SIGNAGE AND MENU BOARDS

BY TENANT
5 OPERABLE POINT OF SALE AND

FOOD SERVICE WINDOWS
(PER HEALTH DEPT)
6 BREAK METAL; PAINTED DARK
GREY
7 METAL LOUVERS; PAINTED

DARK GREY
8 METAL DOOR; PAINTED LIGHT
GREY
STANDING SEAM METAL ROOF;

DARK GREY
9 STEEL STRUCTURE; PAINTED

LIGHT GREY
10 BACK-LIT TRANSLUCENT GLASS
11 HALO-LIT SIGNAGE, BY TENANT
(APPROX AREA ON G0.1)
12 DOWNLIGHT
13 DECORATIVE PENDANT
14 POTENTIAL GLASS WIND
SCREEN; PER OWNER

EXTERIOR ELEVATIONS
CENTURY PLAZA PAVILION - 10.12.2021 A2.1
0 8'4'
1/4" = 1'-0"1 EXTERIOR ELEVATION - EAST FACING HILLSDALE BLVD 1/4" = 1'-0"2 EXTERIOR ELEVATION - SOUTH
460

GROUND FLOOR
0' - 0"
T.O. PODS
15' - 6"
T.O. ROOF
24' - 6"
B.O. ROOF
18' - 6"
3 7
3 7
13 12 9
6' - 0"3' - 0"15' - 6"
24' - 6"
14 GROUND FLOOR
0' - 0"
T.O. PODS
15' - 6"
T.O. ROOF
24' - 6"
B.O. ROOF
18' - 6"
2 3
8 9
11 6' - 0"3' - 0"15' - 6"
24' - 6"
1 MATERIAL PALETTE
2 EGGSHELL POWDER

COATED BRAKE METAL

DARK GREY POWDER

COATED BRAKE METAL
3 4 SIGNAGE AND MENU BOARDS

BY TENANT
5 OPERABLE POINT OF SALE AND

FOOD SERVICE WINDOWS
(PER HEALTH DEPT)
6 BREAK METAL; PAINTED DARK
GREY
7 METAL LOUVERS; PAINTED

DARK GREY
8 METAL DOOR; PAINTED LIGHT
GREY
STANDING SEAM METAL ROOF;

DARK GREY
9 STEEL STRUCTURE; PAINTED

LIGHT GREY
10 BACK-LIT TRANSLUCENT GLASS
11 HALO-LIT SIGNAGE, BY TENANT
(APPROX AREA ON G0.1)
12 DOWNLIGHT
13 DECORATIVE PENDANT
14 POTENTIAL GLASS WIND
SCREEN; PER OWNER

EXTERIOR ELEVATIONS
CENTURY PLAZA PAVILION - 10.12.2021 A2.2
1/4" = 1'-0"1 EXTERIOR ELEVATION - WEST FACING HILLSDALE PLAZA OFFICE BUILDING 1/4" = 1'-0"2 EXTERIOR ELEVATION - NORTH
0 8'4'
461
1 MATERIAL PALETTE
2 EGGSHELL POWDER

COATED BRAKE METAL

DARK GREY POWDER

COATED BRAKE METAL
3 4 SIGNAGE AND MENU BOARDS

BY TENANT
5 OPERABLE POINT OF SALE AND

FOOD SERVICE WINDOWS
(PER HEALTH DEPT)
6 BREAK METAL; PAINTED DARK
GREY
7 METAL LOUVERS; PAINTED

DARK GREY
8 METAL DOOR; PAINTED LIGHT
GREY
STANDING SEAM METAL ROOF;

DARK GREY
9 STEEL STRUCTURE; PAINTED

LIGHT GREY
10 BACK-LIT TRANSLUCENT GLASS
11 HALO-LIT SIGNAGE, BY TENANT
(APPROX AREA ON G0.1)
12 DOWNLIGHT
13 DECORATIVE PENDANT
14 POTENTIAL GLASS WIND
SCREEN; PER OWNER

GROUND FLOOR
0' - 0"
T.O. PODS
15' - 6"
T.O. ROOF
24' - 6"
B.O. ROOF
18' - 6"
1 3
5 4
9 6' - 0"3' - 0"15' - 6"
24' - 6"

OPEN TO
BEYOND

GROUND FLOOR
0' - 0"
T.O. PODS
15' - 6"
T.O. ROOF
24' - 6"
B.O. ROOF
18' - 6"
3 4
3 5
4 5
6' - 0"3' - 0"15' - 6"
24' - 6"

EXTERIOR ELEVATIONS
CENTURY PLAZA PAVILION - 10.12.2021 A2.3
0 8'4'
1/4" = 1'-0"1 EXTERIOR ELEVATION - NORTH
1/4" = 1'-0"2 EXTERIOR ELEVATION - SOUTH
462

GROUND FLOOR
0' - 0"
T.O. PODS
15' - 6"
T.O. ROOF
24' - 6"
B.O. ROOF
18' - 6"
10' - 0"
11' - 3"
11' - 3"
10' - 0"
3' - 6"
3' - 6"
2' - 6"1' - 0"
2' - 6"1' - 0"
31 1
2 2
6' - 0"3' - 0"15' - 6"
24' - 6"
17' - 1"

KEY NOTES
1 MECHANICAL EQUIPMENT
2 ANTICIPATED CEILING HEIGHT
3 DOWNLIGHTS

SECTIONS
CENTURY PLAZA PAVILION - 10.12.2021 A3.1
0 8'4'
1/4" = 1'-0"1 A-A1
463
PG&E
15" A.F.F.;
TYP
40" A.F.F.
40" A.F.F.

BEGA
Bollard 99578
BEGA
Recessed Wall Luminaire
22101
BEGA
In-grade luminaire 77017
BEGA
In Grade Luminaire Wall
Washer 77023
Q-TRAN
LED Strip RGBW-HE24/4.0

GROUND FLOOR LIGHTING PLAN
CENTURY PLAZA PAVILION - 10.12.2021 A6.1
N
0 8'
464

HILLSDALE CENTURY PLAZA INFILL
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
465

HILLSDALE CENTURY PLAZA INFILL
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
466

HILLSDALE CENTURY PLAZA INFILL
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
467

HILLSDALE CENTURY PLAZA INFILL
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
468
A

HILLSDALE CENTURY PLAZA INFILL
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
469

HILLSDALE CENTURY PLAZA INFILL
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
470
A

HILLSDALE CENTURY PLAZA INFILL
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
471
EQ
EQ
EQ
EQ
EQ
EQ
EQ
12'-5" A.F.F.
12'-5" A.F.F.
12'-5" A.F.F.
12'-5" A.F.F.
12'-5" A.F.F.
9'-3" A.F.F.
9'-3" A.F.F.
5' - 4"
5' - 4"
EQ
EQ
EQ
EQ
30' - 1"
18' - 0"
1' - 11"
30' - 1"
15'-0" A.F.F.
15'-0" A.F.F.

BEGA
Surface Mounted
Downlight 66979
BEGA
Wall Luminaire 22385

COLOR KINETICS
ColorBlast Powercore Gen4
BEGA
Compact Wide Beam
Floodlight 77756

COLOR KINETICS
Graze Compact
Powercore

Y LIGHTING
Gregg Outdoor Pendant
Light- XL

ROOF LIGHTING PLAN
CENTURY PLAZA PAVILION - 10.12.2021 A6.2
N
0 8'
472
6" SS
8" SS
20" SS FORCE MAIN
SL S L
SL
SL
SL
SL

99.38 TC

98.88 FL

98.99 LG
SIGN
SIGN
SIGN
100.43 TC

99.95 PV
100.17 TC

99.68 PV
100.11 TC

99.61 PV
100.00 TC

99.59 FL

99.53 LG

99.99 TC

99.70 FL

99.68 LG

99.91 TC

99.66 PV

99.64 LG

99.95 TC

99.57 PV
100.95 TC
100.48 PV
101.10 TC
100.64 FL
100.69 LG
100.73 TC
100.27 FL
100.31 LG
100.08 TC

99.63 FL

99.67 LG

99.46 TC

98.99 FL

99.06 LG

99.43 TC

98.95 FL

99.05 LG

98.83 FL

98.96 LG

98.85 FL

98.95 LG

99.39 TC

98.98 PV

99.65 TC

99.15 FL

99.24 LG

99.60 TC

99.11 PV99.64 TC

99.20 PV

99.66 PV

99.15 TC

98.67 FL

98.77 LG

99.04 TC

98.57 FL

98.64 LG

98.64 TC

98.52 FL

98.59 LG

98.79 TC

98.68 FL

98.78 LG

98.95 TC

98.87 FL

98.97 LG

99.41 TC

98.94 FL

99.03 LG

99.17 TC

98.94 TC99.22 PV

99.25 PV

99.28 TC

99.64 TC 99.42 TC

99.15 PV

99.24 TC

98.91 PV

98.96 TC

98.65 PV

98.88 TC

98.62 PV

98.88 TC

98.55 PV

99.18 TC

98.89 PV

99.26 TC

98.93 PV

99.42 TC

99.11 PV

99.72 TC

99.42 PV

99.49 TC

99.00 FL

99.12 LG

99.38 TC

99.11 PV 99.48 TC

99.12 PV

99.13 TC

98.78 PV

99.21 TC

98.90 PV

99.20 TC

98.83 PV

99.53 TC

99.02 FL

99.14 TC

99.55 TC
100.03 TC

99.61 PV

99.72 TC

99.39 PV

99.73 TC

99.37 PV

99.61 PV

99.58 PV

99.55 PV

99.89 TC

99.43 PV

99.86 TC

99.40 PV

99.88 TC

99.46 PV

99.89 TC

99.46 PV

99.54 TC

99.15 PV 99.54 TC

99.13 PV

99.51 TC

99.04 PV

99.55 TC

99.10 PV

98.92 TC

98.54 PV

98.86 TC

98.48 PV

99.21 TC

98.85 PV

98.90 TC

98.57 PV

98.98 TC

98.38 PV

98.90 TC

98.51 PV

99.29 TC

98.84 PV

98.94 TC

98.48 PV

99.94 TC

99.48 PV

99.92 TC

99.48 PV99.94 TC

99.47 PV

99.94 TC

99.38 PV

99.38 TC

98.85 PV

99.46 TC

99.00 PV

99.30 TC

98.81 PV

99.19 TC

98.77 PV

99.11 TC

98.66 PV

99.46 TC

98.87 PV

99.36 TC

98.90 PV

99.41 TC

98.89 PV

99.89 TC

99.39 PV

99.91 TC

99.43 PV
100.06 TC

99.58 PV
100.36 TC

99.91 PV
100.11 PV
100.69 TC
100.22 PV
100.74 TC
100.23 PV
100.30 TC

99.80 PV

99.91 TC

99.56 PV

99.34 TC

98.88 PV

99.17 TC

98.76 PV

99.33 TC

98.85 PV

99.86 TC

99.44 PV

99.77 TC

99.31 PV

99.77 TC

99.30 PV
100.06 TC

99.52 PV

99.80 TC

99.33 PV

99.82 TC

99.41 PV

99.89 PV
100.06 TC

98.74 PV

99.60 TC

99.12 PV

99.34 TC

98.97 PV

99.24 TC

98.87 PV

99.32 TC

98.88 PV

99.73 TC

99.22 PV
100.32 TC

99.52 PV

99.80 TC

99.30 PV

99.89 TC

99.48 PV

99.88 TC

99.48 PV

99.82 TC

99.38 PV

99.95 TC

99.50 PV

99.98 TC

99.53 PV
TB
COMM
SDDI RIM 98.84
SDDI RIM 99.16
SDDI
RIM 98.68
BOT 91.68
SDDI
RIM 98.12
BOT 91.72
SDDI
RIM 98.04
BOT 92.89
SSMH
RIM 99.79
SSCO
RIM 99.79
SSCO
E

ELECTRIC
V
AULT
PG&E
T
ELE
FO
E
E
E
SB
TRANS-
F
ORMER
TRANS-
FORMER
ABOVE
GRADE
PG&E
WB
B
FP
CATV
24" RCP SD
12" RC
P SD
24" RCP SD
8" RC
P SD
25' - 0"
#1
#3
#4
#5#6
#7
#8
#9 #10
#2#11#12
#13
#14
#15
#16
#17
#18
#19

TREE REMOVAL PLAN
CENTURY PLAZA PAVILION - 10.12.2021 L0.0
0 20'10'
N
# PLANT SPECIES SIZE #2 London Plan (Platanus x acerifolia) 24-inches diameter #4 Swamp Myrtle (Tristaniopsis laurina) 3-inches diameter # 7 Swamp Myrtle (Tristaniopsis laurina) 3-inches diameter #8 Swamp Myrtle (Tristaniopsis laurina) 3-inches diameter #9 Swamp Myrtle (Tristaniopsis laurina) 3-inches diameter #10 Swamp Myrtle (Tristaniopsis laurina) 3-inches diameter #11 Evergreen Pear (Pyrus kawakamii) 10-inches diameter #12 Evergreen Pear (Pyrus kawakamii) 13-inches diameter TREE TO BE REMOVED TOTAL: 8 473
100.51 100.58
8" SS
10" W
SL
SL
SL
SL

COMCAST FO

ICC FIBERICC FIBER
SIGN
SIGN
TB
COMM

SDDI RIM

98.84 SDDI RIM

99.16 SDDI
RIM 98.68
BOT 91.68
SDDI
RIM 98.12
INV 96.1± (6" IN-SE)
INV 97.1± (6" IN-S)
BOT 91.72
SDDI
RIM 98.04
INV 95.5± (6" IN-N)
BOT 92.89
SSCO
RIM 99.79
SSCO

E VAULT

ELECTRIC
VAULT
PG&E
TELE
PG&E
E
PAD
MOUNT

SWITCH E-VAULT
SB
ABOVE
GRADE
XFMR
ABOVE
GRADE
SWITCH
PG&E
WB
B
FP
CATV
24" RCP SD
24" RCP SD
8" RC
P SD
6" DIP SD
6" DIP SD
1219100.38

USA COMM
611
290100.58
EV248 CL 2.65 W
291100.51
EV248 CL 2.65 W
2"DW
PIV
WV
E. HILLSDALE BLVD.

TRAFFIC SIGNAL
4 5
5 6
3 7
21 (E) Trees to remain,
see arborist report
Transformer, SCD
(E) Hedge to remain
Autumn Brilliance Serviceberry
Swamp Myrtle
Mow Free Lawn
Kurrajong
Blue Treasure
Mountain Plum Pine
HIGH BAR GARDEN SEAT1 SANDBLAST/ SMOOTH

CONCRETE PAVING
2 TABLES AND CHAIRS
SEE L1.2
3 PAVERS 4
5 BIKE PARKING
6 SEAT WALL
7 WATER FEATURE WITH SEAT
Brachychiton populneus
Kurrajong
Amelanchier × grandiflora 'Autumn Brilliance'
Autumn Brilliance Serviceberry
Tristaniopsis laurina
Swamp Myrtle
Mow Free Sod
Fescue blend
Podocarpus lawrencei 'Blue Treasure'
Blue Treasure Mountain Plum Pine

LANDSCAPE SITE PLAN
CENTURY PLAZA PAVILION - 10.12.2021 L1.0
0 20'10'
N

MATERIAL LEGEND

PLANT LEGEND
474
100.58
8" SS
10" W

COMCAST FO

ICC FIBERICC FIBER

SDDI RIM

98.84 SDDI RIM

99.16 SDDI
RIM 98.68
BOT 91.68
SDDI
RIM 98.12
INV 96.1± (6" IN-SE)
INV 97.1± (6" IN-S)
BOT 91.72
SDDI
RIM 98.04
INV 95.5± (6" IN-N)
BOT 92.89
SSCO

E VAULT

ELECTRIC
VAULT
PG&E
TELE
SB
ABOVE
GRADE
XFMR
ABOVE
GRADE

SWITCHWB
B
FP
CATV
24" RCP SD
24" RCP SD
8" RC
P SD
6" DIP SD
6" DIP SD
290
2"DW
WV
E. HILLSDALE BLVD.

TRAFFIC SIGNAL
AREA 1
AREA 2
AREA 4
AREA 3
AREA 5

LOW WATER USE
TOTAL: 6,203 SF

HYDROZONE PLAN
CENTURY PLAZA PAVILION - 10.12.2021 L1.1
Irrigation System is designed to provide the minimum amount of water necessary to sustain good plant health. All selected components are commercial grade, selected for durability, vandal resistance and minimum maintenance requirement. The system is a combination of subsurface irrigation and tree bubblers as appropriate to plant type, exposure, and slope conditions.

Control of the system is via a weather-enabled controller capable of daily self-adjustment based on real-time weather conditions as measured by an on-site weather sensor.

The system includes a master control valve and flow sensing capability which will shut down all or part of the system if leaks are detected.

IRRIGATION DESIGN INTENT
475
100.51 100.58
SL
SL

ICC FIBERICC FIBER
SIGN
COMM

SDDI RIM

98.84 SDDI
RIM 98.68
SDDI
RIM 98.12
INV 96.1± (6" IN-SE)
INV 97.1± (6" IN-S)
BOT 91.72
SSCO
RIM 99.79
SSCO

E VAULT

ELECTRIC
VAULT
PG&E
TELE
PG&E
E
SB
ABOVE
GRADE
XFMR
ABOVE
GRADE
SWITCH
PG&E
WB
B
FP
CATV
24" RCP SD 6" DIP SD
6" DIP SD
1219100.38

USA COMM
611
290100.58
EV248 CL 2.65 W
291100.51
EV248 CL 2.65 W
2"DW
PIV
1 2
3 4
5 6
7 8
9 10
1 SQUARE DINING TABLE
QTY: 24
2 ROUND DINING TABLE
QTY: 2
3 4 COMMUNITY TABLE
QTY: 2
5 DINING CHAIR
QTY: 70
6 HIGH BAR STOOL
QTY: 18
7 LOUNGE CHAIR
QTY: 14
8 SITE WALL BENCH WITH BACK
QTY: 4

ROUND LOUNGE TABLE
QTY:7

SITE WALL BENCH FLAT
QTY: 4
9 WASTE RECEPTACLE
QTY: 9
10 FURNITURE PLAN
CENTURY PLAZA PAVILION - 10.12.2021 L1.2
0 16'8'
N
476

PHOTOMETRIC PLAN
CENTURY PLAZA PAVILION - 10.12.2021 LT 1.0
477
Presented to:

Timothy Maier, Foster City Community
Development Department
January 5, 2021
235 Montgomery Street, Suite 1042 | San Francisco, CA 94104 | 415.786.2875 | www.centuryurban.com Century | Urban
Strategic
Real Estate
Advisory Services
1065 E. Hillsdale Blvd, Foster City, CA
Retail Feasibility Analysis
Attachment 6
478

PAGE 2

1065 E HILLSDALE BLVD
TO: Timothy Maier, Foster City Community Development Department FROM: Century Urban, LLC
SUBJECT: 1065 E. Hillsdale Blvd – Retail Feasibility Analysis DATE: January 5, 2021

EXECUTIVE SUMMARY
Century Urban, LLC (“Century | Urban”) is a real estate investment and advisory firm company headquartered in San Francisco, California, with a commitment to excellence, integrity and attention to detail in every aspect of its work.

A privately held firm, Century | Urban’s team consists of real estate professionals with expertise in economic project feasibility, investment underwriting, transaction structuring including development agreements, real estate development, public -private partnerships, capital markets and optimizing real estate holdings.

Century | Urban provides third -party advisory entitlement support, economic and feasibility analysis, transaction structuring, project oversight and acquisition services to public agencies, private developers and property owners, and real estate private equity funds. Its services include programmatic reviews of retail, residential, commercial and mixed -use development projects, assessing the development feasibility of underutilized land and properties, structuring ground leases and other transactio ns, negotiating public-private partnerships, analyzing potential asset dispositions, issuing Requests for Qualifications (“RFQs”) and Requests for Proposals (“RFPs”), and providing a full suite of real estate investment management services. The firm’s pri ncipals have in-depth real estate underwriting and capital markets knowledge from having worked with leading real estate private equity funds.

Century | Urban was retained by DivcoWest Real Estate Investments (“DivcoWest”) to perform an economic feasibilit y analysis based on the proposed retail project at 1065 E . Hillsdale Boulevard in Foster City , California . We have performed extensive market research on the proposed retail concept and kiosk s and believe it will appeal to local quick service food and beverage retailers due to the efficient nature of the improvements, allowing for typically under - capitalized, local entrepreneurs and small business owners access to brick and mortar accommodations without undertaking extensive “at risk” capital required f or a large tenant improvement buildout. A smaller tenant of this nature would additionally benefit from local demographics including the local median household income, in addition to the project’s location within an office complex with “built in” and “captive” demand as well as neighboring employees that will seek a quick and convenient food and beverage retail concept given proximity to a strong and well-traversed corridor. Feedback from local retail experts indicate the proposed project is a feasible and viable concept and further supported by the economic analysis in addition to a 479

PAGE 3

community benefit for local residents and local employees. Provided below is a summary of the proposed project along with Century |Urban’s economic feasibility analysis and cor responding research components.

PROPOSED PROJECT
The project’s retail program, including proposed and existing gross building area s, renderings and site plans, parking figures, and total development costs were provided by Urban Planning Partners Inc. and Lowney Architecture.

The subject property known as 1065 E. Hillsdale Boulevard in Foster City, California, is presently improved with a 115,629 square foot commercial office building and 359 space parking lot on an approximately 5.3-acre parcel. Based upon our review of the provided documents, including site plans developed by Lowney Architecture, the proposed project will be located at the southeastern corner of the subject property and will include the redevelopment of a portion of the existing asphalt surface parking lot. The proposed improvements will consist of an open-aired patio space flanked by small retail and food-serving kiosks and will serve as a retail amenity to the subject’s existing office tenants as well as nearby office and residential properties.

The improvements will encompass approximately 2,000 square feet of retail kiosk space and 4,000 square feet of common area covered seating for a total development area of approximately 6,000 square feet. Up to three separate leasable re tail kiosks will be delivered along with a shared common area restroom . Landscaping, an enclosed trash receptacle, and eighteen designated parking spaces will additionally be provided and located adjacent to the proposed improvements.

Conceptual renderings and a site plan developed by Lowney Architecture can be found below:

480

PAGE 4

481

PAGE 5

A conceptual development budget was provided by Centric General Partners for review and consideration. Century |Urban believes the cost estimate provides a reasonable estimate of the cost to construct the proposed retail and amenity area.

The provided budget reflects a total hard cost budget of $3,501,200. Century | Urban has layered on top of this amount a soft cost allocation for design, engineering, and permit fees equal to 20.0% of the hard costs or $582,543. Following contingency and general contractor markup adjustments, the resulting budget totals $4,200,000.

A high-level summary of the development budget can be found on the following page:
482

PAGE 6

Based on a project schedule provided by Urban Planning Partners Inc., the proposed project is currently in the early planning stages. This phase includes the creation of preliminary studies and architectural drawings as well as early correspondence and document submittals and correspondence with Foster City and project stakeholders. This stage is expected last three to four months and will result in the finalization of development documents and studies. The project is anticipated to receive City approvals as of Q4 2021.

The Construction of the improvements will commence following completion o f the pre - development stage in December 2021. The physical construction is anticipated to last approximately 40-weeks and will encompass the assembly of the subject’s foundation , superstructure, weatherproofing , windows, exterior and interior fi nishes, and other site improvements. The project is scheduled for completion in October 2022.

Project Budget - Retail Pavilion Cost $/PSF SF
Sitework $474,210 $32.77 14,471
Paving At Covered Seating $100,000 $25.00 4,000
Pod Structure & Enclosure $742,078 $371.04 2,000
Cloud Roof $1,158,026 $141.22 8,200
Interior Construction & Finishes $180,811 $90.41 2,000
MEP Systems $257,590 $128.80 2,000
Design, Engineering, & Permit Fees $582,543 $291.27 2,000 GC Markups $531,419 $265.71 2,000
Contingency $174,763 $87.38 2,000
Total (Rounded) $4,200,000 $2,100.00 2,000
Notes:
* Preliminary underwriting estimates and subject to change. * Design, Engineering, & Permit Fees projected at 20.0% of hard costs. * Centric General Contractors Assumptions, Exclusions, & Inclusions:
- Existing electrical transformers and vaults can remain and will not be impacted by the work. - Existing water valves can remain and will not be impacted by the work. - Excludes any utility line relocation work.
- Excludes floor service equipment.
- Excludes exterior furniture.
- Includes a new sidewalk along E. Hillsdale Blvd.
- Excludes the new crosswalk at E Hillsdale Blvd.
483

PAGE 7

Foster City Retail Market
The Foster City retail market is driven by a small number of neighborhood and power retail centers primarily located along CA Route 92 and interspersed along well-traversed corridors. A list of notable retail developments can be found below:

Market data regarding the current Foster City retail market was derived via CoStar analytics.

According to this data, the retail market area currently exhibits a direct vacancy rate of 19.6% and a five-year average of approximately 7.0%. An increase in retail vacancy occurred in the Q4 2019.

This is most likely the result of select retailer closures such as the OSH Hardware store, resulting in an increase of the retail vacancy rate. Based upon communication with local retail brokerage firms, the historical average Foster City vacancy range is generally in a range of 5.0% to 10.0%.

The data presents a current average retail rental rate of $39.83 per square foot per year as well as a market sale price of $487 per square foot. Foster City retail has experienced rental growth over Name
Square
Footage
Proximity From
Subject
Existing Retail:

Costco/OSH Regional Center 181,986 Adjacent - East
Edgewater Place 123,300 1.6 Miles - South
The Marketplace at Metro Center 120,300 1.0 Mile - Southwest Marlin Cove 56,000 1.5 Miles - Southeast
Charter Square 55,724 1.4 Miles - Southeast
Beach Park Plaza 26,000 2.0 Miles - East
Parkside Towers Retail 17,000 One Block - Southeast
Free-Standing Fast Food 14,965 One Block - North
1297 Chess Drive 11,692 1.1 Miles - West
388 Vintage Park Dr 10,120 1.2 Miles - West
The Plaza 8,100 0.3 Miles - North
1000 Metro Center 8,000 0.4 Miles - West
Total Existing 633,187 NA
Proposed / Under Development
Triton Pointe 17,000 Adjacent - North
15-Acre Foster Square Site 30,000 One Block - Southeast Total Proposed / In Development 47,000
Total Retail - Foster City 680,187
Notes:
* Based on market research and BAE Urban Economics' commercial market analysis dated October 25, 2013, Loopnet, and information provided by the Foster City planning department. 484

PAGE 8

the last five-years with a slight decline to stabilized growth levels of around 3.0% per year. Retail market rent, sales volume, and sales pricing has experienced a sharp decline over the last year as a result of the COVID-19 pandemic due to the widespread shutdown of retail establishments. As indicated in the graphs below, it is forecasted that the market will gradually recover over the next 12 to 24 months assuming the containment, treatment and potential vaccination of COVID-19.

Local Demographics
The subject is immediately surrounded by a relatively young and moderately sized but affluent populace within a well-established economic base. Given this demographic along with historical spending habits, we believe local residents carry sufficient discretionary income to supplement and support local food and beverage retailers given median household income and median age.

A net-positive inflow of workers further increases this trend particularly during weekdays and business hours. The subject’s central location grants it easy access to denser pop ulated communities such as the City of San Mateo, greater San Mateo County, and entire East Bay region.

The subject property benefits from strong micro and macro demographic characteristics that will support well-conceived food and beverage concepts.

A one-and three-mile demographic radius search was performed utilizing CoStar analytics. A summary of the results can be found in the following table:
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Population Size – A one-mile radius search presents a population base of 23,910 residents. This figure is limited due to several locational factors including Foster City’s moderately dense nature, numerous public open spaces, and partial enclosure within the San Francisco Bay. Expanding to three miles, this figure quickly increases to 123,948 as this radius begins to encompass the nearby City of San Mateo and other neighboring communities. Foster City additionally benefits from its proximity to the San Mateo Bridge, providing convenient access to the City of Fremont as well as the greater East Ba y Area region. Overall, the subject benefits from a small but strong local population base as well as proximity to larger population clusters.

Population Age – As noted in the previous chart, Foster City features a median age of 41 years , suggesting a population of established, middle-aged adults.

Household Income – The subject’s location features a median household income of $150,087 within a one-mile radius. As noted by a decrease in household income as this search expands to three-miles, Foster City features an affluent population with above average income relative to neighboring communities and San Mateo County as a whole.

One-Mile Radius 2020 2025
Population 23,910 24,316
Age 15+ 82.2% 82.7%
Age 20+ 77.6% 77.3%
Age 65+ 16.2% 18.1%
Median Age 41 43
Median Household Income $150,087 $157,255
# of Businesses 1,107 NA
# of Employees 32,796 NA
Three-Mile Radius 2020 2025
Population 123,948 124,804
Age 15+ 82.4% 82.8%
Age 20+ 77.3% 77.2%
Age 65+ 15.4% 17.6%
Median Age 40 42
Median Household Income $141,718 $148,133
# of Businesses 7,255 NA
# of Employees 104,491 NA
Notes:
* Data derived from CoStar analytics.
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Local Employee Base – The data search indicates an employee base of 32,796 within a one -mile radius. This figure suggests an established economic base featuring an inflow of employee s at a rate of 1.37 jobs per resident. Expanding to three miles, this figure increases to 104,491 employees.

Market Research
Prospective Tenant Profile
Based upon the subject property’s underlying zoning, location, and proposed improvements, we believe the development would appeal to a local quick service food and beverage retailer. This is primarily due to the efficient nature of the improvements, allowing for typicall y under - capitalized, local entrepreneurs and small business owners access to brick and mortar accommodations without undertaking extensive “at risk” capital required for a large tenant improvement buildout. A smaller tenant of this nature would additionall y benefit from the project’s location within an office complex with “built in” and “captive” demand as well as neighboring employees that will seek a quick and convenient food and beverage retail concept given proximity to a strong and well-traversed corridor. The food and beverage concept may also incorporate programming such as live music or happy hours to draw in local residents in addition to employees within the adjacent office properties.

A comparable retail concept featuring a similar tenant profile and retail program was constructed at 3030 South Delaware Street, San Mateo. Sharing a site with a larger office building, this establishment features an open-air food and beverage garden and restaurant space occupied by Fieldwork Brewing Company. This retail concept has experienced meaningful consumer demand despite the current pandemic and continues to be a strong draw for the local community. ❖ Improvements - The proposed development is programmed to include three small retail kiosks along with a covered common seating area.
❖ Location - Per the provided site plans, the proposed development is to be located within the existing site’s surface parking lot along East Hillsdale Boulevard. This location will grant the project close proximity to the subject’s existing 115,629 square foot office improvements as well as multiple large office projects and residential subdivisions.

o Per a 2015 traffic study performed by Foster City, East Hillsdale Boulevard features an average daily traffic (“ADT”) of 8,690 to 11,978 eastbound and 9,380 to 12,726 westbound vehicles per day between Edgewater and Foster City Boulevard.

Overall, the subject benefit s from strong street frontage along a well -traversed corridor allowing for increased patron visibility and access. ❖ Zoning - The subject features a C-2/PD (Gen eral Business / Planned Development) zoning designation. Per section 17.26.020 of the Foster City Municipal Code, C-2 General 487

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Business District permits the use of “retail stores and service establishments which supply commodities or provide service primari ly to meet the needs of residents or the community”. Additional permitted uses include offices, restaurants, as well as incidental and accessory structures.

Share of Patronage
The proposed development is to be located onsite and will serve as an amenity to the subject’s existing 115,629 square foot office building in addition to adjacent office properties such as 1001 E. Hillsdale Boulevard, a 398,460 square foot multitenant office building, and the Foster City Police Department and City Hall estimated at approximately 50,400 square feet, cumulative. The adjacent office properties will provide “captive” and “built-in” demand from employees of existing office tenants notwithstanding local residents will also be d rawn to a local food and beverage retail concept. Based on an employee ratio of one employee per 300 gross square feet, it is estimated that the adjacent four properties comprised of 1065, 1001, 1040, & 1030 E. Hillsdale Boulevard will present approximately 1,880 employees and, once the shelter in place orders are lifted, will provide meaningful patronage to support a small retail food and beverage concept.

While it is difficult to project the specific patronage expected to originate from the subject property and the adjacent office properties, without knowing the specific retailer and concept, we believe the subject’s patronage base will be primarily supported by nearby office tenants. The project’s location will allow ease of access for neig hboring employees via a brief walk or drive.

Prospective quick service food and beverage tenants will provide office employees with convenient on-site dining and to -go accommodations. Overall, we forecast approximately two- thirds of the subject’s patronage will derive from this source to start and may be reduced to 50% over time once the retailer is established within the local sub -market with additional brand awareness.

The subject properties demand will be further supplemented by neighboring residential and commercial developments. As indicated in the previous demographics report, a one-mile radius presents a population of 23,910 along with an employee base of 32,796. The subject property benefits from strong street frontage as well as proximity to a well-traversed intersection allowing for ingress and egress accommodations. We believe demand from these communities will be relatively strong but may be limited due to the need to drive to the subject property. As a result, we believe the remaining customer base, or approximately one-third of the total tenant patronage, will be derived from neighboring residential community in addition to surrounding commercial properties.

Programming to Draw Tenants
A large portion o f t he subject properties primary customer base is forecasted to be derived directly from the on-site and adjacent office buildings. Accordingly, customer programming and 488

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incentives should be focused on the employees purchasing habits. Such incentives should include, but are not limited to:
❖ Wi-Fi accommodations allowing office employees to work or check emails while on lunch or break.
❖ Bulk discounts for office gatherings, conferences, and group meetings. ❖ Grab-and-go lunches and snacks for employees in a hurry. ❖ After work happy hour particularly during less in-demand days occurring within the mid-week.
❖ Entertainment such as live music, entertainment and social gatherings. ❖ Spaced and sanitized seating to promote COVID friendly dining.

Overall, these progra ms will promote increased and sustained patronage from the subject’s customer base and will attract new tenants to the submarket which will enhance commercial occupancy rates and tax dollars supporting city’s general fund.

Market Leasing
A survey of local asking retail rents was performed with local retail leasing brokers in order to determine an appropriate market rental rate for application to the subject’s proposed improvements. In general, interviews with local retail leasing brokers resulted in positiv e feedback where brokers were supportive of the concept and expressed confidence the retail kiosks would be leased up once COVID -19 shelter in place orders are lifted. Our survey presented an asking rental range of $3.00 to $4.00 per square foot per month, triple net, with an average of $3.40 per square foot. A summary of our findings can be found in the following table:

Number 1 2 3 4 5
Address 55 Triton Park 1001 - 1051 E
Hillsdale Blvd.
1455 - 1499 Beach
Park Blvd.
921 - 985 E. Hillsdale
Blvd. 969 Edgewater Blvd.

City Foster City Foster City Foster City Foster City Foster City Type Retail Retail Retail Retail Retail
Square Feet 3,800 3,250 1,000 779 904
Asking Rent (PSF/Month) $4.00 $3.00 $3.00 $3.75 $3.25
Expense Basis NNN NNN NNN NNN NNN
Proximity To Subject 0.5 Miles - North Adjacent - South 2.1 Miles - East 1.2 Miles - Southwest 1.8 Miles - South Source Loopnet Loopnet Loopnet Loopnet Loopnet
Notes Brand new
development on
ground floor of
mixed-use building.

Second generation
restaurant space
on bottom floor of
office building.

In-line space located
within an older
neighborhood
center.

In-line space within a
grocery anchored
center. Located
opposite street side.

Dated in-line space
located within a
grocery anchored
neighborhood center.

Comparison to Subject Similar Inferior Inferior Inferior Inferior Notes:
*Preliminary underwriting estimates and subject to change. *Comparables derived from Loopnet.
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As indicated in the above table, listing #1 at 55 Triton Park Lane is the most comparable data point due to its recently construc ted nature and proximity to the subject property. Listing #2 is deemed inferior due to its older construction and inferior visibility as a result of its set -back nature. Listings #3, #4, and #5 are deemed inferior due to their older date of construction an d inferior overall locations. Please note the lease comparables consist of asking rents which typically exhibit higher rates when compared to executed, contract rents.

Communication with local brokers indicate the subject is likely to lease at a rate of $3.00 to $3.50 per square foot per month, triple net, with a rental premium due to the subject’s new construction upon completion, good overall location, and proximity to the well-traversed intersection of East Hillsdale and Foster City Boulevard. As a result, we concluded to market rental rate of $3.50 per square foot per month, triple net, for the subject’s proposed net rentable area. Third party brokers also indicated rents for the subject property have the potential to further increase as businesses re-open along with an economic recovery post COVID-19.

Impact of Inclement Weather
Due to the non-fully enclosed nature of the project’s improvements, we have performed a high- level analysis with the design team to determine the effect of inclement weather on the project’s potential performance. We have provided information on both local weather patterns as well its projected effect on the proposed improvements. The retail structure includes a rooftop canopy and is designed to provide appropriate cover during mildly inclement weather, however, like any open air structure, it will be impacted in severe weather conditions from time -to-time, but we do not believe this will present issues with broader tenant demand, economics or project feasibility.

The subject’s location within the temperate Foster City climate provides the proposed development with limited exposure to harsh temperatures and rainfall allowing for a generally favorable year-round environment for similar open-aired structures. As noted below, in the event of seasonal rainfall, the subject is well suited to maintain strong demand due its vertically enclosed nature and proximity to parking accommodations. Foster City’s moderate wind s are expected to be reduced by the vertical kiosk struct ures and the subject’s location within a built - up office development. The inherent nature of prospective quick service restaurant tenants will limit the need for lengthy, on -site consumption and whose business models naturally promotes to-go orders, further reducing the effects of inclement weather on patrons. Based on these factors, we conclude the proposed development is well-suited to withstand inclement weather which will have a minimal effect on consumer demand.

Local Weather

Information provided by online resources indicates Foster City typically features a cool, marina- like climate due to its proximity to the San Francisco Bay. Overall, temperatures vary little month- to-month. The coolest months can be found in January and December with an average 490

PAGE 14

temperature of 49 degrees Fahrenheit while warm summer months typically feature an average of 65 degrees for an average yearly temperature of 58 degrees.

The rainy season typically occurs between the months of November and April with a high of 4.29 inches of rain in month of January. Overall, Foster City typically experiences a total yearly rainfall of 19.80 inches or an average of 1.65 inches per month.

Foster City generally experiences moderate wind speeds particularly due to the nearby bay. Per information provided by Weatherspark.com, average windspeeds fluctuate throughout the year with a high of 10.0 miles per hour in the month of June and a low of 7.4 miles per hour in October.

Wind direction changes day -to-day but can be found originating predominately from the west throughout most of the year with the winter season experiencing a higher proportion of northern winds.

Overall, the subject benefits from a regularly cool and mildly warm environment coupled with relatively light seasonal rain and wind.

A summary of Foster City’s annual climate patterns can be found in the following chart:

Century | Urban
1065 Hillsdale - Foster City - Annual Climate
Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Average Temperature - High 57 60 62 65 68 72 74 74 74 71 64 57 66 Temperature - Low 41 44 46 47 51 54 56 57 55 51 46 41 49 Temperature - Average 49 52 54 56 59 63 65 65 65 61 55 49 58 Rainfall - Average (Inches) 4.29 2.99 3.03 1.46 0.31 0.12 0.04 0.08 0.20 1.14 2.76 3.39 1.65 Notes:
* Data derived from en.climate-date.org
* Temperature figures presented in fahrenheit.
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* Charts depicting wind patterns were derived from Weatherspark.com.

Improvements

As previously noted, the proposed development will feature a shared service and seating area vertically enclosed by a covered balcony structure along with open siding and closely located surface parking spaces. The subject’s enclosed balcony improvements will allow tenants to continue to operate during seasonal rain as well as patrons to order and dine on-site. In addition, the proposed retail kiosks will create a wind barrier to the site’s southwest and northeast borders while the subject’s overall locati on within a built-up office complex will mitigate the impact of Foster City’s moderate wind on the development. Closely located parking will further limit customer exposure to precipitation and inclement weather.

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Prospective Tenant Profile

Based on our previous findings, the most likely prospective tenant for the subject’s leasable space is determined to be a local quick service food and beverage retailer best suited to service both the existing on-site office workers as well as nearby employees and residents. The inherent nature of this tenant profile promotes casual dining which will limit the need for prolonged , on-site consumption and whose sales may consist of “take-out” orders, particularly due to typical consumption habits of the neighboring employee base who typically seek quick and to-go orders.

Competing Businesses

The anticipated subject property’s retail tenant base, which may include potentially up to two micro retail tenants, will be differentiated from existing retail within a 1-mile radius and a portion of its success may be contingent upon existing and planned retail establishments. As indicated in the retail market overview, Foster City features approximately 633,187 square feet of existing retail with another 47,000 square f eet in the final stages of completion or in the development pipeline. Of the existing and future retail space, we noted a significant portion consisting of traditional format retail including grocery anchored neighborhood centers, large power centers, and quick service restaurant establishments. These common retail archetypes typically appeal to larger format and formula retail tenants that do not provide similar services nor attract similar tenants as would be provided by the subject property’s target tenant base. Further discussion with local retail brokers indicates the subject property would differentiate itself from these larger developments and existing formula retail given its unique improvements, small size, and stand- alone nature. Accordingly, we forecast the proposed retail project will feature minimal competition with the Foster City’s existing and planned retail.

Effect of COVID-19

Local retail and the greater American economy ha ve experienced significant economic impact from the effects of the unprecedented COVID-19 pandemic. State and municipal mandates have implemented the shut down and/or limitation of most business operations and the loss and furlough of large swaths of jobs along with a sharp decrease in consumer confidence has further reduced spending. These factors have aggregated to the clos ure of most retailers, many on a permanent basis.

As the pandemic continues, retailers are beginning to rethink their business strategy including the retooling of their business models to minimize physical contact as well as the downsizing of their real estate footprint to reduce overhead costs. The proposed development is well -suited to accommodate this trend given its efficient, non-enclosed improvements and targeted boutique quick service retail and beverage tenants allowing for overall COVID friendly service and cost- effective nature. The development additionally benefits from a completion date of late 2022 allowing a lengthy economic recovery period particularly given the upcoming roll-out of the COVID-19 vaccine and future treatment of COVID-19.

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Economic Feasibility
We have performed a high-level financial analysis to determine the economic viability of the proposed development. Our analysis reviews the return-on-cost approach (“ROC”) which is a return metric commonly utilized by real estate owner-operators. A going-in ROC is a static financial snapshot that takes into account the project’s untrended stabilized income relative to the total projected development cost. For this analysis, w e have utilized the client provided construction cost estimates along with the market derived rental rates to back into an implied ROC. We have then compared this metric to a market rate return in order to determine market viability. Our calculation is as follows:

Potential Gross Income (“PGI”) – As previous ly indicated, we have concluded a projected market rental rate of $3.50 per square foot per month, triple net, or $42.00 per square foot per year for application to the subject’s net rentable area . We have projected this space on a triple net (“NNN”) expense basis, in which the tenants will directly pay for most operating expenses.

Based on the subject property’s proposed 2,000 square feet of net rentable area, our calculation results in an annual Potential Gross Income (“PGI”) of $84,000.

$42.00 per square foot per year x 2,000 square feet = $84,000 PGI

Effective Gross Income (“EGI”) – To arrive at the EGI, a vacancy factor is applied to the PGI to account for frictional vacancy and turnover as well as bad debt and unforeseen rent loss. Based on prevailing market vacancy coupled the subject’s comparatively small net rentable area , we have applied a typical market vacancy factor of 5.0%.

$84,000 PGI x 5.00% Vacancy Factor = $4,200 Vacancy Loss

$84,000 PGI - $4,200 Vacancy Loss = $79,800 EGI

Operating Expenses – We have projected the prospective tenants on a triple net expense basis in which the tenant (s) will directly pay for the subject’s operating expenses with the exception of management fees and ca pital reserves . We have projected the remaining non -reimbursable operating costs at market level for a total operating expense budget of $2,694 per year. A high- level overview of our projections can be found below:

❖ Management Fees – This includes the cost of a property management firm to manage and maintain the premises on a day-to-day basis. Based upon the relatively small size of the retail kiosks and minimal common area, we have projected the subject’s management fee at 3.0% of EGI for a total cost of $2,394 per year.
❖ Capital Reserves – Covering repairs such as roofing , building systems and foundation, etc., we have projected capital reserves at $0.15 per square foot or $300 per year.

Net Operating Income (“NOI”) – NOI is derived via subtracting the subject’s projected operating expenses from the derived EGI. The final NOI calculation can be found below as well as high - level calculation summary within the following table:
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$79,800 EGI - $2,694 Operating Expenses = $77,106 of NOI

Economic Analysis & Findings
Our economic feasibility analysis forecasts the proposed development to achieve a retail specific ROC of 1.84% on the retail portion of the project which is a below market rate return. However, we believe the retail concept and pavilion will be a valued tenant amenity and will enhance office rents at the property in a range of 2.5% to 5.0% over the next three -years and will create incremental value for the office property, in addition to a community benefit for local residents.

When one takes this into consideration, it results in a broader project return-on-cost enhancement of 6.0% on the lower end of the range and 10% on the higher end of the range and presents a compelling economic opportunity and is economically feasibility. H owever, in addition to generating a market rate return, we believe the retail concept will serve as a unique and valued amenity over the long term that will differentiate the property over the long term. As the subject’s derived ROC exceed s our concluded market ROC of 5.75%, most owner-operators would undertake a project of this type as the project returns are sufficient to justify the project’s risk.

As indicated throughout the report, the goal of this retail project is to produce economic feasibility and to serve as an amenity to the subject’s existing office structure. Returns to the property owner can be indirectly monetized through an increase in on -site office rents and tenant demand, of which we forecast a potential off rental rates increase of 2.5% to 5.0%. Intangibles to the site include increased office tenant retention , improved overall market perception of the premises , and appeal to a wider variety of prospective tenants such as progressive technology firms. These benefits will continue to be of importance as the historical trend of increased on -site office amenities remains strong into the foreseeable future.

Projected Market Rent ($/PSF/Year) $42.00
Net Rentable Area (NRA) 2,000
Projected Gross Income (PGI) 84,000$
Vacancy Loss (4,200)$
Effective Gross Income (EGI) 79,800$
Operating Expenses
Management Fee (2,394)$
Capital Reserves (300)$
Total Operating Expenses (2,694)$
Net Operating Income (NOI) $77,106
Notes:
* Preliminary underwriting estimates and subject to change. * Assumes tenants are on a triple net (NNN) expense basis. 495

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Additional benefits beyond that to the landowner are provided to the community. The proposed improvement’s small but efficient nature provides a point of entry for local entrepreneurs who might otherwise not be able to afford brick and mortar accommodations. The shared nature of the premises has the potential create a communal food and beverage experience that will serve as a place for both the professional and residential community to comingle.

Conclusion
The proposed retail project will create incremental demand for prospective smaller retail tenants.

The project’s location adjacent to the subject’s existing office structure will provide stable immediate patronage , while nearby residential and commercial developments will further supplement this demand. Local 1 and 3 -mile d emographic statistics indicate the subject’s immediate and wider market area is well -suited to supplement additional retail due to the affluent nature of existing residents and employee base as well as proximity to multiple population clusters. The local retail has historically been moderately strong and is expected to feature a rebound in a post-COVID environment for well-conceived retail concepts.

The physical nature of the proposed im provements will provide additional incentives for prospective tenants. This includes the continuous operation of the premises along with limited sales impact due to inclement weather and a spaced, open -aired setting allowing for COVID friendly dining.

The proposed retail amenity will provide direct economic benefit to the property owner while providing indirect monetization and intangible benefits to the greater office project. Along with increased benefits to the neighboring community and future prospective tenants, we believe the proposed project is viable with a compelling business proposition and well-thought out concept and vision that will create value for the subject property and the broader community at large. 496
DATE: June 6, 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: FISCAL YEAR 2022-2023 FUNDING FOR NON-PROFIT

AGENCIES

RECOMMENDATION
It is recommended that the City Council consider three funding options for non-profits for Fiscal Year 2022-2023 and provide direction by Minute Order:

1.Funding Option 1: This funding option follows an objective calculation where each category receives the approved percentage of $75,000 (Basic Services: 60%, Community Enrichment 25%, and Community Health: 15%), then each non-profit in that category receives an equitable share of the available funds. However, this funding method might allow applicants in categories with fewer applicants to receive more than their funding request.

2.Funding Option 2: This funding option follows an objective calculation where each category receives the approved percentage of $75,000 (Basic Services: 60%, Community Enrichment 25%, and Community Health: 15%), then each non-profit in that category receives an equitable share of the available funds to the maximum requested. Any excess funds beyond the maximum request for each agency in a particular category would be distributed to the Basic Needs, Community 497
Enrichment, then Community Health community needs categories, respectively, until the maximum requested for each agency is met.

3.Funding Option 3: This more subjective funding option is primarily based on the evaluation criteria detailed in the Non-Profit Grant Program Guidelines. Using the evaluation criteria, staff evaluated each application on their administrative capacity, identification and analysis of local needs, and program purpose. Each non-profit would receive funds based on their application, funding history, annual report, and community needs category funding percentage.

Additionally, by Minute Order, it is recommended that City Council include a total of $75,000 (or as otherwise directed) in the Fiscal Year 2022-2023 Final Budget for contributions to non-profit agencies (as detailed in this report).

EXECUTIVE SUMMARY
The FY 2022-2023 Preliminary Budget includes a $75,000 placeholder for contributions to non-profit agencies that provide services to the Foster City Community. The City received funding requests from twelve (12) non-profit agencies for FY 2022-2023, totaling $152,400.

City Council approved updated Non-Profit Funding Guidelines at its March 21, 2022 Regular City Council meeting. The updated guidelines and application process detailed funding level percentages for each non-profit community needs category and a staff review and recommendation procedure.

After reviewing and analyzing each application and identifying three (3) separate funding options, staff seeks City Council direction on a funding recommendation for non-profit funding. City Council is not bound by these funding recommendations and may award funding based on its understanding of the community, organization, and city needs. The final non-profit funding determinations will then be incorporated into the FY 2022-2023 Budget scheduled for City Council's adoption at its meeting on June 20, 2022.

BACKGROUND
For many years, the City Council has set aside funds to support local non- profit agencies that operate programs that benefit the Foster City community.

Per City Council direction at the March 21, 2022 Regular Meeting, the FY 2022-2023 Preliminary Budget includes a placeholder of $75,000 for non- profit agencies' funding contributions under the City Council's Community 498
Promotion Budget (Account No. 001-1030-413-4260). This amount was included in order to present a preliminary budget and is not binding on the City Council’s decision regarding actual funding to include in the final budget.

The Special Meeting usually designated for presentations from non-profit agencies was eliminated, and applicants were invited to appear during the Public Comment period during any City Council Regular Meeting before Council determined funding levels. At the same meeting, City Council approved updated Non-Profit Grant Funding Program Guidelines (Attachment 1). These updated guidelines introduced Community Needs Categories and the eligible activities:

Basic Services – Activities include, but are not limited to, services for the homeless, seniors, youth, and low-income individuals and families, such as subsistence programs, healthcare initiatives, and rental assistance.

Non-profits submitting applications in this Community Needs Category are eligible for 60% of the total amount allocated by the City Council. City staff will evaluate each application and submit recommended funding amounts to City Council for approval.

Community Enrichment – Activities that promote community enrichment, including, but not limited to educational and recreational programs and initiatives that promote social equity and engagement.

Non-profits submitting applications in this Community Needs Category are eligible for 25% of the total amount allocated by the City Council. City staff will evaluate each application and submit recommended funding amounts to City Council for approval.

Community Health – Activities include, but are not limited to, programs or projects that support Foster City residents’ well-being, preserve city resources, or increase community environmental sustainability.

Non-profits submitting applications in this Community Needs Category are eligible for 15% of the total amount allocated by the City Council. City staff will evaluate each application and submit recommended funding amounts to City Council for approval.

In addition to the Community Needs Categories and the allocated percentages agencies were eligible for in each category, the new guidelines introduced Evaluation Criteria that Staff would consider when evaluating 499
applications:

EVALUATION CRITERIA DESCRIPTION
Administrative Capacity
Organization experience/past
performance in providing the
proposed project or program
Stability of the organization and
adequacy of staffing
Collaboration with other
agencies and/or elimination of
redundancy of service
Budget/Leveraging of Funds
Identification/Analysis of Local Needs
Documentation of Local Need
Alignment with goals identified
in the City’s policy documents
(e.g., Council priorities,
General Plan, etc.)
Program Purpose
Program goals are clearly
stated and attainable
Service levels measurable

ANALYSIS
The City received funding applications/requests from twelve (12) non-profit agencies during the open funding period, totaling $152,400. As this is the first year with the new guidelines, Staff proposes three (3) separate funding options to City Council for consideration.

Funding Option 1
This funding option follows an objective calculation where each category receives the approved percentage of $75,000 (Basic Services: 60%, 500
Community Enrichment 25%, and Community Health: 15%), then each non- profit in that category receive an equitable share of the available funds.

However, this funding method might allow applicants in categories with fewer applicants to receive more than their funding request.

Funding Option 2
This funding option follows an objective calculation where each category receives the approved percentage of $75,000 (Basic Services: 60%, Community Enrichment 25%, and Community Health: 15%), then each non- profit in that category receive an equitable share of the available funds to the maximum requested. Any excess funds beyond the maximum request for each agency in a particular category would be distributed to the Basic Needs, Community Enrichment, then Community Health community needs categories, respectively, until the maximum requested for each agency is met.

Funding Option 3
This more subjective funding option is primarily based on the evaluation criteria detailed in the Non-Profit Grant Program Guidelines. Using the evaluation criteria, staff evaluated each application on their administrative capacity, identification and analysis of local needs, and program purpose.

Each non-profit would receive funds based on their application, funding history, annual report, and community needs category funding percentage.

Below is a list of all agencies that have submitted funding requests, the Community Needs Category (as identified by Staff, which may differ from how they self-identified), their FY 2022-2023 funding requests, and three funding options recommended by Staff. Also attached are the non-profit applications from each agency (Attachments 2-13).

Agencies were requested to self-identify which Community Needs Category they fall under; however, Staff made a few adjustments based on information gleaned from applications.

Non-Profit
Agency
Community
Needs
Category
Amount
Requested
Funding
Option 1
Funding
Option 2
Funding
Option 3
CALL Primrose Basic
Services $5,000 $4,327 $4,928 $5,000
501
County of San
Mateo Jobs for
Youth
Community
Enrichment $6,000 $1,179 $1,179 $3,000
Foster City
Village
Community
Enrichment $25,000 $4,914 $4,914 $6,000
Hillbarn Theatre Community
Enrichment $25,000 $4,914 $4,914 $4,000
LifeMoves Basic
Services $10,000 $8,654 $9,856 $10,000
Mission Hospice Basic
Services $7,000 $6,058 $6,899 $7,000
PARCA Basic
Services $5,000 $4,327 $4,928 $5,000
Samaritan
House
Basic
Services $20,000 $17,308 $19,712 $20,000
San Mateo-
Foster-City
Community
Education
Foundation
Community
Enrichment $35,000 $6,878 $6,879 $6,000
Foster City
Sister Cities
Association
Community
Enrichment $4,400 $865 $865 $1,000
StarVista Basic
Services $5,000 $4,327 $4,928 $5,000
Sustainable San
Mateo County
Community
Health $5,000 $11,250 $5,000 $3,000
TOTALS $152,400 $75,000 $75,000 $75,000
After selecting the desired funding option, Staff recommends that City Council authorize the appropriate award amounts and those amounts be included in the FY 2022-2023 Final Budget to be considered for adoption on June 20, 2022.
502

FISCAL IMPACT
Funding was approved in the preliminary budget in the amount of $75,000. If approved, this amount will be incorporated into the FY 2022-2023 Final Budget for adoption under the City Council’s Community Promotion Budget (Account No. 001-1030-413-4260).

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This item is in alignment with the City Council's Vision and Mission to deliver equitable services for a sustainable Foster City. Each organization, if funded, would bring a different emphasis and contribute to the betterment of the Foster City community in its unique way.

Attachments:
Attachment 1 – Non-Profit Grant Funding Program Guidelines Attachment 2 – CALL Primrose FY 2022-2023 Grant Application Attachment 3 – County of San Mateo Jobs for Youth 2022-2023 Grant Application
Attachment 4 – Foster City Village FY 2022-2023 Grant Application Attachment 5 – Hillbarn Theatre FY 2022-2023 Grant Application Attachment 6 – LifeMoves FY 2022-2023 Grant Application Attachment 7 – Mission Hospice FY 2022-2023 Grant Application Attachment 8 – PARCA FY 2022-2023 Grant Application
Attachment 9 – Samaritan House FY 2022-2023 Grant Application Attachment 10 – San Mateo-Foster-City Community Education Foundation FY 2022-2023 Grant Application
Attachment 11 – Foster City Sister Cities Association FY 2022-2023 Grant Application
Attachment 12 – StarVista FY 2022-2023 Grant Application Attachment 13 – Sustainable San Mateo County FY 2022-2023 Grant Application
503
Foster City Non-Profit Grant Program Guidelines
Fiscal Year 2022-2023
PRO

GRAM PURPOSE
The Foster City Non-Profit Grant Program designates funding through the annual budget process for grant funding to local non-profit agency programs and projects that improve the health, social, and educational enrichment, human or community welfare, and/or economic opportunities of Foster City residents.

F
UNDING
Funding levels are determined annually by the City Council during budget preparation.

Funding may be approved from any combination of the General Fund, Special Funds, or any other funds controlled by the City. Typically, funding is available in the City Council’s budget in general account number 001-1030-413-42-60 (Contributions to Other Agencies).

EL

IGIBLE NON-PROFIT AGENCIES
Only local non-profit agencies are eligible for funding. For the purpose of this program, “Local” means that the agency provides services within San Mateo County and can demonstrate a benefit to Foster City residents. “Non-profit” means that the organization is tax-exempt under section 501(c)(3) of the Internal Revenue Code.

CO

MMUNITY NEEDS CATEGORIES AND ELIGIBLE ACTIVITIES
The Non-Profit Grant Program will consider applications in the following primary community needs categories:

B
asic Services – Activities include, but are not limited to, services for the homeless, seniors, youth, and low-income individuals and families such as subsistence programs, healthcare initiatives, and rental assistance.

No
n-profits submitting applications in this Community Needs Category are eligible for 60% of the total amount allocated by the City Council. City staff will evaluate each application and submit recommended funding amounts to City Council for approval.

C
ommunity Enrichment – Activities that promote community enrichment, including, but not limited to educational and recreational programs and initiatives that promote social equity and engagement.

No
n-profits submitting applications in this Community Needs Category are eligible for 25% of the total amount allocated by the City Council. City staff will Attachment 1
504
evaluate each application and submit recommended funding amounts to City Council for approval.

Community Health – Activities include, but are not limited to, programs or projects that support Foster City residents’ well-being, preserve city resources, or increase community environmental sustainability.

Non-profits submitting applications in this Community Needs Category are eligible for 15% of the total amount allocated by the City Council. City staff will evaluate each application and submit recommended funding amounts to City Council for approval.

EVALUATION CRITERIA
City Staff will consider the following criteria when considering non-profit funding applications. However, City Council retains full discretion over the distribution of funding, regardless of staff recommendations.

EVALUATION CRITERIA DESCRIPTION
Administrative Capacity • Organization experience/Past performance in providing the proposed project or program
• Stability of the organization and adequacy of staffing • Collaboration with other agencies and/or elimination
of redundancy of service
• Budget/Leveraging of Funds
Identification/Analysis of
Local Needs
• Documentation of Local Need
• Alignment with goals identified in City’s policy
documents (e.g., Council priorities, General Plan,
etc.)
Program Purpose • Program goals clearly stated and attainable • Service levels measurable

APPLICATION PROCESS

1. At the City Council Study Session in January/February, the City Council re- confirms the process it wants to take to solicit and award non-profit grant funding and provides direction on the funding placeholder to be used in the Preliminary Budget document.

2. City staff advertises the non-profit funding process on the City’s website, issues a press release, and e-mails non-profits that received funding in the prior year, any additional nonprofits identified by the Council, and any non-profit that requests the information, outlining the timelines and requirements.

3. Nonprofits submit applications by the identified due date. 505

4. Staff evaluates the non-profit applications, scoring all applications based on the evaluation criteria identified above. Using the Community Needs Funding Levels a report for a City Council budget study session. This staff report will include copies of the proposals submitted by the non-profit agencies and staff scoring of all proposals based on the evaluation criteria identified above.

5. The Council holds a study session in June where it considers Staff’s recommendations on how much funding to allocate to each non-profit.

6. Council direction is incorporated into the Final Budget which is adopted at the second meeting in June.

7. After July 1, staff sends a notice to all applicants, notifying them of their status and describing the process for receiving funding for those which are approved.

FUNDING PROCESS
Once funding is approved through budget adoption, non-profits must provide the City with an invoice for the funding amount.

506
Attachment 2
507
508
509
510
Attachment 3
511
512
513
514
515

CITY OF FOSTER CITY
FY 2022-2023 Non-Profit Funding Application

PROGRAM OVERVIEW
City Council has set aside funds to support local non -profit agencies that operate programs and services that benefit the Foster City community and that the City would otherwise be unable to provide. Funding levels are determined annually by the City Council . The total funding made available may vary and traditionally has been funded by the General Fund.

NON-PROFIT FUNDING PROCESS SCHEDULE
April 1, 2022 Non-profit funding application period opens.

May 2, 2022 All requests for funding are due from non-profit agencies no later than 5:00 PM.

May 4, 2022
to
June 6, 2022
Non-profit representatives Applicants are invited to appear during the Public Comment period at ANY Regular City Counc il meeting between Monday, April 4, and Monday, June 6, 2022. Applicants will be given three minutes to briefly overview their organization and how non-profit funding would benefit the Foster City Community. No funding recommendations will be considered until June 6, 2022.

June 6, 2022 City Council determines funding levels by agency which staff incorporates into the Final FY 2021-2022 Budget document.

June 20, 2022 Final FY 2022-2023 Budget is adopted by the City Council.

July 1, 2022 Non-profit funding program year begins. Awarded non-profits to submit invoice to City requesting disbursement.

PROGRAM ELIGIBILITY
• At its March 21 , 2022 Council meeting, City Council approved new Non-Profit Grant Program Guidelines, which can be found here.
• Organization must be incorporated as a non-profit organization or school with tax -exempt status under Section 501(c)(3) of the Internal Revenue Code.
• An unincorporated organization may apply through a fiscal sponsor, provided that the fiscal sponsor is a
501(c)(3) organization or school with tax-exempt status und er Section 501(c)(3) of the Internal Revenue Code.
• The applicant agency understands funding disbursement may only occur after an invoice and W- 9 doc
umentation is submitted to the City.
• The applicant agency agrees that an annual report/presentation will be provided to the City Council and s
hall indicate the number of services provided and Foster City residents served by the organization during the reporting period. The report will include measur able contract outcomes, successes , and challenges.
• Organization must comply with all appropriate requirements o n the use of public funds, particularly prohibiting funds being used for personal benefit or lending of funds to a private entity. • Agencies are required to apply for funding each year. Funding for any given year does not guarantee funding for succeeding years.

Attachment 4
516

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:

Organization Address:

Contact Name:

Contact Email:

Contact Phone: Amount Requested:

Select the appropriate Community Need category your organization meets (from the drop down menu below) SECTION 1: IDENTIFICATION/ANALYSIS OF LOCAL NEEDS
1a. Describe the problem or need area being addressed including any formal study that has been done of the loc al and regional need for the service, program, or project.

SECTION 2: PROGRAM DESCRIPTION
2a. Describe the goals of the program for wh ich you are requesting funding and how the funds wou ld be used.

Click here to learn more about Community Needs Categories 517

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:
2b. Describe the a ccomplishments over the recent year of your organization and/or the program for wh ich you are requesting funding.

2c. Describe the benefits to the City of Foster City and/or it s residents of the program goals and accomplishments described in the previous two questions.

2d. How many Foster City residents did this program serve last year and/or how many are expected t o be served in the coming year?

518

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:
2e. Does your organization or prog ram serve a larger geographic ar ea or any other jurisdictions? List (if any), including the total number typically served.

SECTION 3: ADMINISTRATIVE CAPACITY
3a. Describe the organization’s experience providing the proposed project or program.

3b. Describe the way that the program is staffed (full -time, part-time, volunteer) and organized , as well as your organization’s total annual budget and your various sources of revenue.

519

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:
3c. Describe any collaboration that exists between your organization , this program and programs administered by other agencies, including financ ial, staffing or cross-referral , and how this may have benefitted or increased the impact of your services.

SECTION 4: REQUIRED ATTACHMENTS
4a. Proof of non-profit status (501(c)(3) or equivalent 4b. Copy of latest organization’s annual report (if possible) RETURN ONE COPY OF COMPLETED FORMS TO:

Mail
City of Foster City
Attention: City Manager Department
610 Foster City Boulevard
Foster City, CA 94404
Email
[email protected]

SIGNATURE
Signature of Applicant: Date:

Printed Name: Title:

520

CITY OF FOSTER CITY
FY 2022-2023 Non-Profit Funding Application

PROGRAM OVERVIEW
City Council has set aside funds to support local non -profit agencies that operate programs and services that benefit the Foster City community and that the City would otherwise be unable to provide. Funding levels are determined annually by the City Council . The total funding made available may vary and traditionally has been funded by the General Fund.

NON-PROFIT FUNDING PROCESS SCHEDULE
April 1, 2022 Non-profit funding application period opens.

May 2, 2022 All requests for funding are due from non-profit agencies no later than 5:00 PM.

May 4, 2022
to
June 6, 2022
Non-profit representatives Applicants are invited to appear during the Public Comment period at ANY Regular City Counc il meeting between Monday, April 4, and Monday, June 6, 2022. Applicants will be given three minutes to briefly overview their organization and how non-profit funding would benefit the Foster City Community. No funding recommendations will be considered until June 6, 2022.

June 6, 2022 City Council determines funding levels by agency which staff incorporates into the Final FY 2021-2022 Budget document.

June 20, 2022 Final FY 2022-2023 Budget is adopted by the City Council.

July 1, 2022 Non-profit funding program year begins. Awarded non-profits to submit invoice to City requesting disbursement.

PROGRAM ELIGIBILITY
• At its March 21 , 2022 Council meeting, City Council approved new Non-Profit Grant Program Guidelines, which can be found here.
• Organization must be incorporated as a non-profit organization or school with tax -exempt status under Section 501(c)(3) of the Internal Revenue Code.
• An unincorporated organization may apply through a fiscal sponsor, provided that the fiscal sponsor is a
501(c)(3) organization or school with tax-exempt status und er Section 501(c)(3) of the Internal Revenue Code.
• The applicant agency understands funding disbursement may only occur after an invoice and W- 9 doc
umentation is submitted to the City.
• The applicant agency agrees that an annual report/presentation will be provided to the City Council and s
hall indicate the number of services provided and Foster City residents served by the organization during the reporting period. The report will include measur able contract outcomes, successes , and challenges.
• Organization must comply with all appropriate requirements o n the use of public funds, particularly prohibiting funds being used for personal benefit or lending of funds to a private entity. • Agencies are required to apply for funding each year. Funding for any given year does not guarantee funding for succeeding years.

Attachment 5
521

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:

Organization Address:

Contact Name:

Contact Email:

Contact Phone: Amount Requested:

Select the appropriate Community Need category your organization meets (from the drop down menu below) SECTION 1: IDENTIFICATION/ANALYSIS OF LOCAL NEEDS
1a. Describe the problem or need area being addressed including any formal study that has been done of the loc al and regional need for the service, program, or project.

SECTION 2: PROGRAM DESCRIPTION
2a. Describe the goals of the program for wh ich you are requesting funding and how the funds wou ld be used.

Click here to learn more about Community Needs Categories 522

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:
2b. Describe the a ccomplishments over the recent year of your organization and/or the program for wh ich you are requesting funding.
2c. Describe the benefits to the City of Foster City and/or it s residents of the program goals and a cco mplishments described in the previous two questions. 2d. How many Foster City residents did this program serve last year and/or how many are expected t o be s erved in the coming year?
523

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:
2e. Does your organization or prog ram serve a larger geographic ar ea or any other jurisdictions? List (if any ), including the total number typically served.

SECTION 3: ADMINISTRATIVE CAPACITY
3a. Describe the organization’s experience providing the proposed project or program. 3b. Describe the way that the program is staffed (full -time, part-time, volunteer) and organized , as well as your organization’s total annual budget and your various sources of revenue. 524

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:
3c. Describe any collaboration that exists between your organization , this program and programs admi nistered by other agencies, including financ ial, staffing or cross-referral , and how this may have benefitted or increased the impact of your services.

SECTION 4: REQUIRED ATTACHMENTS
4a. Proof of non-profit status (501(c)(3) or equivalent 4b. Copy of latest organization’s annual report (if possible) RETURN ONE COPY OF COMPLETED FORMS TO:

Mail
City of Foster City
Attention: City Manager Department
610 Foster City Boulevard
Foster City, CA 94404
Email
[email protected]

SIGNATURE
Signature of Applicant: Date:

Printed Name: Title:
525

CITY OF FOSTER CITY
FY 2022-2023 Non-Profit Funding Application

PROGRAM OVERVIEW
City Council has set aside funds to support local non- profit agencies that operate programs and services that benefit the Foster City community and that the City would otherwise be unable to provide. Funding levels are determined annually by the City Council. The total funding made available may vary and traditionally has been funded by the General Fund.

NON-PROFIT FUNDING PROCESS SCHEDULE
April 1, 2022 Non-profit funding application period opens.

May 2, 2022 All requests for funding are due from non-profit agencies no later than 5:00 PM.

May 4, 2022
to
June 6, 2022
Non-profit representatives Applicants are invited to appear during the Public Comment period at ANY Regular City Council meeting between Monday, April 4, and Monday, June 6, 2022. Applicants will be given three minutes to briefly overview their organization and how non-profit funding would benefit the Foster City Community. No funding recommendations will be considered until June 6, 2022.

June 6, 2022 City Council determines funding levels by agency which staff incorporates into the Final FY 2021-2022 Budget document.

June 20, 2022 Final FY 2022-2023 Budget is adopted by the City Council.

July 1, 2022 Non-profit funding program year begins. Awarded non- profits to submit invoice to City requesting disbursement.

PROGRAM ELIGIBILITY
At its March 21, 2022 Council meeting, City Council approved new Non-Profit Grant Program Guidelines, which can be found here.

Organization must be incorporated as a non-profit organization or school with tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.

An unincorporated organization may apply through a fiscal sponsor, provided that the fiscal sponsor is a 501(c)(3) organization or school with tax-exempt status und er Section 501(c)(3) of the Internal Revenue Code.

The applicant agency understands funding disbursement may only occur after an invoice and W-9 documentation is submitted to the City.

The applicant agency agrees that an annual report/presentation will be provided to the City Council and shall indicate the number of services provided and Foster City residents served by the organization during the reporting period. The report will include measur able contract outcomes, successes, and challenges.

Organization must comply with all appropriate requirements o n the use of public funds, particularly prohibiting funds being used for personal benefit or lending of funds to a private entity.

Agencies are required to apply for funding each year. Funding for any given year does not guarantee funding for succeeding years.

Attachment 6
526
CITY OF FOSTER CITYNon-Profit Funding Application(Please use additional sheets if necessary)APPLICANT INFORMATIONOrganization Name: Organization Address:Contact Name:Contact Email:Contact Phone: Amount Requested: Select the appropriate Community Need category your organization meets (from the drop down menu below)SECTION 1: IDENTIFICATION/ANALYSIS OF LOCAL NEEDS1a. Describe the problem or need area being addressed including any formal study that has been done of the local and regional need for the service, program, or project. SECTION 2: PROGRAM DESCRIPTION2a. Describe the goals of the program for which you are requesting funding and how the funds would be used. 527
CITY OF FOSTER CITYNon-Profit Funding Application(Please use additional sheets if necessary)APPLICANT INFORMATIONOrganization Name: 2b. Describe the accomplishments over the recent year of your organization and/or the program for which you are requesting funding.2c. Describe the benefits to the City of Foster City and/or its residents of the program goals and accomplishments described in the previous two questions.2d. How many Foster City residents did this program serve last year and/or how many are expected to beserved in the coming year? 528
CITY OF FOSTER CITYNon-Profit Funding Application(Please use additional sheets if necessary)APPLICANT INFORMATIONOrganization Name: 2e. Does your organization or program serve a larger geographic area or any other jurisdictions? List (if any), including the total number typically served.SECTION 3: ADMINISTRATIVE CAPACITY3a. Describe the organization’s experience providing the proposed project or program.3b. Describe the way that the program is staffed (full-time, part-time, volunteer) and organized, as well as your organization’s total annual budget and your various sources of revenue. 529

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:
3c. Describe any collaboration that exists between your organization, this program and programs administered by other agencies, including financial, staffing or cross-referral , and how this may have benefitted or increased the impact of your services.

SECTION 4: REQUIRED ATTACHMENTS
4a. Proof of non-profit status (501(c)(3) or equivalent 4b. Copy of latest organization’s annual report (if possible) RETURN ONE COPY OF COMPLETED FORMS TO:

Mail
City of Foster City
Attention: City Manager Department
610 Foster City Boulevard
Foster City, CA 94404
Email
[email protected]

SIGNATURE
Signature of Applicant: Date:

Printed Name: Title:
530
531
532
533
Thriving
Through Adversity
2020 – 2021 ANNUAL REPORT
534
From our CEO
“I got the help I needed,
a place to sleep, and job
referrals. Now, I have
my own apartment
again. It can be done.

No matter how many
doors shut, you’ve
got to keep going.”

CLAUDIO
Achieving
Our Mission
Despite the challenges of last
year, we are proud of being
able to accomplish our mission:
to support families and
individuals experiencing
homelessness in their
efforts to rapidly return
to stable housing and
achieve self-sufficiency.

Who We Serve

SITES SERVING INDIVIDUALS

SITES SERVING FAMILIES
LifeMoves Annual Report • page 3
Redwood City
Menlo Park
Half Moon Bay
Mountain View
Palo Alto
San Jose
San Mateo
Daly City
A Y ear of Resilience,
Gratitude, and Hope
Our Comprehensive Approach
Aubrey Merriman
Our Success
1,549
clients served
each night
1,898
clients returned to
stable housing annually
1 of 5
shelter beds are
occupied by children
1 of 10
adult clients
are Veterans
89%
of families staying at a LifeMoves site
return to stable housing
69%
of all LifeMoves clients
return to stable housing
Where We Serve
LifeMoves operates 26 facilities across
San Mateo and Santa Clara Counties.

IN MY FIRST YEAR as CEO of LifeMoves, I have heard
words like “unprecedented,” “uncharted,” and “uncertain.” While we validate and address the many struggles our community have faced, we have seen that progress and tangible impact were achieved when we moved forward with certainty and
confidence. This is one of many reasons why I look back on FY21 and think of “resilience,” “gratitude,” and “hope.” Words cannot express how thankful and inspired I am by what we have accomplished. Periods of change can be unsettling, but anything is possible when we take control of our destiny.

We exhibited relentless drive, a commitment to continuous improvement, and the constant push to take more bold and decisive actions. As a result, our teams served even more people experiencing and at risk of homelessness, helping them rediscover their strength, stability, and sense of self.

In FY21, we served 7,231 unhoused people across all
LifeMoves sites, helping 89% of families and 69% of all those engaging in our programs return to self-sufficiency.

These programs include operating a number of motels in
San Mateo and Santa Clara Counties for both at-risk and COVID positive clients, amounting to over 45,000 nights of shelter during the past fiscal year.

With your support, we began operating LifeMoves Coast
House, the first interim supportive housing site in the Half Moon Bay region for unhoused individuals, couples, and families.

And in just eight months, we transformed an empty construction site into LifeMoves Mountain View, a 100-door community – using rapidly deployed modular units – that has already achieved successful outcomes since opening in May.

These innovative new programs, long hours of dedicated
work by clients and staff, and first-hand stories of growth, transformation, and triumph would not be possible without your support. After another tough year, you showed up,
gave back, and gave big. Thank you!
Together, we can help those who need it most, support even more of our community, and reach new, impactful heights in our tireless work to solve homelessness here at home.

Move people off the streets
and into interim housing
Help people
where they are
Help people return to stable housing
535
Safe Shelter with Supportive Services
Leads to Self-Sufficiency
With 50 private rooms, LifeMoves Coast House offers
safe shelter and wraparound case management services
to help clients work toward self-sufficiency and return to homes of their own, creating a better community for all.

We are excited to help meet the growing need in this
region, and we greatly appreciate the partnership of the City of Half Moon Bay and the County of San Mateo,
whose leadership made possible this opportunity to
further reduce homelessness in San Mateo County.

LifeMoves Coast House
Housing Moves
Creating More Journeys
to Independence
Key to the LifeMoves mission is supporting
our clients on their journey to independence
and a home to call their own. Our dedicated
staff work tirelessly to make this goal a reality
for all of our clients. Our clients receive
comprehensive support from LifeMoves
services and programs. Those who need
it, get custom-designed case management
plans based on their unique strengths and
challenges. Clients also receive assistance
with rapid re-housing programs, finding
affordable housing, connecting to housing
benefits, and submitting rental applications.

In FY21, despite the ongoing pandemic,
LifeMoves successfully returned almost 2,000
clients to stable housing and self-sufficiency.
“My case manager helped us with anything we needed, he checked on my son, he laid out a plan for me and my family to get back on our feet. With his help, we secured a housing voucher through the VA Supportive Housing Program, which led to us finding a beautiful home of our own. We even have a backyard!”
ADEL
Moving People to Success
LifeMoves Annual Report • page 5
Updates
Built at a fraction of the cost and time
of traditional housing, LifeMoves
Mountain View will help move 350
people off the streets each year.

A Local Solution,
An Innovative Model for Others
LifeMoves Mountain View came at a critical time for our community. Homelessness was already a challenging and
increasingly dire situation in Silicon Valley. The pandemic and continuing aftershocks made it devastating. Working with the City of Mountain View, the County of Santa Clara, and other partners, we built and began operating the
LifeMoves Mountain View interim housing village in only eight months. In its first year alone, it can serve more than half of Mountain View’s current homeless population.

Coupled with the LifeMoves proven approach using
supportive services and personalized case management,
this community will visibly impact local homelessness.

In fact, we are sharing the success of this innovative model with other cities around the country through our Playbook for Modular, Supportive, Interim Housing available for
download on our website.

LifeMoves Mountain View
Designed for community needs,
suites with bathrooms allow families to
stay together with privacy and dignity.
536
Career Moves
Increasing Employment Skills
& Earning Potential
COVID-19 changed the way many of us work
in Silicon Valley. While wages have been
increasing in some sectors, many of our
clients continue to work at service sector
jobs that simply don’t pay a living wage
for the Bay Area. To address this barrier,
LifeMoves employment counseling staff
focus on helping our adult clients increase
their employment opportunities and earning
potential through employment skills training,
resume development, job search training,
and interview coaching. This work supports
our clients who are unemployed and
underemployed, so they are better prepared
to transition back to permanent housing
with stable employment.

Addressing Underlying
Health Issues
Healthy adults are more likely to be able
to retain a job and remain housed than
adults in poor health or with chronic
medical conditions. Many LifeMoves
clients are at higher-risk for medical
complications than the general public;
some are elderly, with chronic conditions
that have been untreated; others are
Veterans with medical vulnerabilities.

Our case managers enroll clients in
available insurance, and for clients
needing medical services or support,
LifeMoves works in partnership with
local public health programs and
community partners to get our clients
the care they need. For many clients,
addressing chronic or underlying
health conditions is often a necessary
first step on their journey to return to
stable housing.

Financial Moves
Getting Clients on
Sound Financial Footing
With continued economic uncertainty
related to the pandemic, LifeMoves
offers our clients a deeper level of
financial training to better prepare them
for success in the future. Focused on
the ultimate goal of long-term stability,
we provide workshops, as well as
individual coaching, on topics such
as budgeting, building and repairing
credit, savings strategies, and techniques
for borrowing money wisely. When
clients leave LifeMoves on sound
financial footing, it means that these
individuals and families have the tools
they need to thrive and contribute to
our community.

Health Moves
“If it wasn’t for my case
manager helping me
with financial planning
and working back to a
place of stability, I don’t
know where we’d be.”

L YVELL
“My case manager saved my life. The doctor
said that had I been out there for another
week, I’d be dead. I got the help I needed at
the hospital, and she helped me get sober,
save my money, and even find an apartment.”
RONALD
LifeMoves Annual Report • page 7
“Being here at LifeMoves,
I’ve never felt more secure
and in place with my life.

Even though I have rules
and a case plan, I feel like
I’m running my own show
and marching towards
what I want.”

CRISANTA
During the COVID-19 pandemic, LifeMoves
has taken additional efforts to protect the
health and safety of our clients and staff,
including sponsoring vaccine clinics at
several of our sites. We are continuing
our efforts to improve vaccination rates
among individuals and families experiencing
homelessness, for the protection of those
clients, as well as the community at large.
537
Addressing Behavioral
Health Challenges for
Better Housing Outcomes
Trauma and other behavioral health
issues can be both a cause and an effect
of becoming homeless. The experience
of homelessness is traumatic in and
of itself, and many of our clients have
experienced intermittent or even chronic
trauma over the course of their lives.

To address these issues, LifeMoves
provides free, on-site behavioral health
services designed to address the trauma
and other challenges common among
individuals and families experiencing
homelessness. Services include substance
abuse and recovery support, as well as
individual and group therapy for both
adults and children. Our data show
that increased use of behavioral health
services leads to more successful
housing outcomes for our clients.

Many are experiencing increased levels
of grief, anxiety, and depression due to
COVID-19. LifeMoves quickly pivoted
at the onset of the pandemic to provide
behavioral health services by video
or tele-health, to continue serving our
clients in the safest possible way.

Behavioral Moves
“Becoming homeless was challenging because I suffer from anxiety, depression, and fear of the unknown. I didn’t want to leave Julian Street Inn until I knew I had a stable job and better state of mind.

My therapist and case manager got me to do the things I needed to do and helped me become a better person — it means a lot to me.” JEFF
Ensuring Children (& Adults)
Continue Their Education
With eight shelters and several service
sites that serve families, one in every five
LifeMoves clients is a minor child. Children
experiencing homelessness have often
missed substantial periods of school, so
our Education Team and Children’s Services
Coordinators work diligently to ensure that
all school-aged children are immediately
enrolled in the school of their choice.

We also aim to ensure they have all of
the equipment and supplies they need
to be successful.

When school became remote at the start
of the pandemic, we were able to supply
all of our school-aged children with the
equipment they needed to attend school
virtually (including tablets or Chromebooks,
headphones, and hotspots). LifeMoves
staff worked quickly to make academic
programming safe, engaging, and socially
distanced.

In addition to addressing the educational
needs of the children in our shelters,
LifeMoves also supports adults who wish
to advance their education, whether it
be completing a GED or enrolling in
community college.

Learning Moves
LifeMoves Annual Report • page 9
“Coming to LifeMoves was the opportunity we needed to start all over again. With their help, our children began thriving in school.

It was hard – supporting their transition to online classes while my husband and I both worked – but LifeMoves was there to help them navigate the new school year and really do well.” YENNY
538

BOARD OF DIRECTORS
Joe Stockwell

CHAIR OF THE BOARD
Patrick Heron

VICE-CHAIR
Greg Eckert

TREASURER
Julie Gruber

SECRETARY
Pastor Paul Bains
Sarah Boisseree
Holly Campbell
Christina Corpus
Elizabeth Funk
Scott Goree
Tiffany Hong
Martha Joseph
Ahmed Khatib
Lauren Koenig
Amanda L. Riddle
Melissa Selcher
May Topper
Pamela Weiss
CEO
Aubrey Merriman
Thank Y ou to Our GENEROUS SUPPORTERS

ADVISORY BOARD
William “Bill” Butler
Congresswoman
Anna Eshoo
Rod Ferguson
Monica Ip
Christine Krolik
David Lichtenger
Steve Luzaich
Jillian Manus
Marcia Pade
William “Bill” Regan
Congresswoman
Jackie Speier

REVENUE
BOARD MEMBERS 2O20– 2O21

REVENUE & EXPENSES
Includes corporate partners who have contributed $5,000 and greater.

LifeMoves Annual Report • page 11
Interim
Shelter
72%
Outreach
10%
Homelessness
Prevention
10%
Wellness & Education
4%
Permanent Housing
1%
CLIENT

SERVICES

EXPENSES
Misc.
3%

EXPENSES
Government
58%
Foundations
14%
Corporations
9%
Individuals
9%
Other
9%
In-Kind
2%
$56M

ANNUAL REVENUE
539
LifeMoves Annual Report • page 13
$100,000+
Anonymous (8)
Anne Wojcicki Foundation
Teresa and John Beltramo
Carolyn and Preston Butcher
Chan Zuckerberg Initiative
Tammy and William Crown
The Dauber Family
The David and Lucile Packard
Foundation
Enterprise Community
Partners, Inc.

First Baptist Church of

Palo Alto
Gilead Sciences, Inc.

Google
.org
Beth and Patrick Heron
Kaiser Permanente
LinkedIn
Loaves & Fishes
May and Stanley Smith
Charitable Trust
Sand Hill Foundation
Linda and Theodore Schlein
Second Harvest Food Bank
Melissa and Joel Selcher
Sequoia Healthcare District
The Sobrato Family Foundation
Solid R
ock Foundation
Ann and Joe Stockwell
Sunlight Giving
Tipping Point Community
Onnolee and Orlin Trapp
The William and Flora Hewlett
Foundation
Susan Wojcicki and
Dennis Troper
$50,000 - $99,999
Anthem Foundation
Apple Computer, Inc.

The Applied Materials
Foundation
El Camino Healthcare
The Eucalyptus Foundation
Facebook Inc.

Heather and C
.J. Fitzgerald
Franklin Templeton
Google
Hurlbut-Johnson Charitable
Trusts
Ann and Charles Johnson
Kaiser Permanente South Bay
Lauren and Brad Koenig
Laurie Lacob
Anadel Law
Debra and Mark Leslie
Lillian Lincoln Foundation
Gloria Principe and
John O’Farrell
Mindy and Jesse R
ogers
Ronald and Ann Williams
Charitable Foundation
Silicon Valley Bank
Mary and Mark Stevens
$25,000 - $49,999
Anonymous (4)
The Almanac
Bank of America Charitable
Foundation
The Bohannon Foundation
Cisco Systems, Inc.

Ezrati/Syverson Family Trust
Kathleen Egan and Rod
Ferguson
Shirley and Harry Hagey
Deborah and Russell Hall
Sue and Kurt Jaggers
Anne and Jeffrey
Maggioncalda
Menlo Church
Mary Nell
New Community Church
Oracle Corporation
P
alo Alto Community Fund
Peninsula Health Care District
Pure Storage
Racing Hearts
Andrea and Geoffrey Ralston
San Jose Mercury News Wish
Book Fund, Inc.

Jennifer and Ted Ullyot
Woodlawn Foundation
Johanna and Caleb Wright
$10,000 – $24,999
Anonymous (6)
Sandra Abbott
Susan Arbuckle and
Steven Schneider
Nola and Harvey Armstrong
Cindy and Brian Ax
e
Margaret Becker and
Dennis Yarak
Jennifer and Charles Beeler
Jessica Bernhardt and

Ted Goldstein
R
obyn Brinks and
John Lockwood
The Burdick Family Foundation
Lissa and P
aul Carter
Soonmee Cha and Peter
Stamos
Christiana Foundation, Inc.

Congregational Church
of San Mateo
Corey
, Luzaich, de Ghetaldi
& Riddle LLP
Coupa Software
Ja
’nien and Mike Culver
Christina Dickerson
Leslie Durboraw and
Bill Maimone
Foothills Congregational

Church
Frazier Healthcare Partners
Lauren Friedman Albert and
Eric Albert
George H. Sandy Foundation
Florence and Steven Goldby
Yael Goshen and Dylan Smith
Diane Gosney and Allison
Chang
Grace Presbyterian Church
of Silicon Valley
Jill Grossman
Colleen and R
obert Haas
Hal and John Smith Family
Foundation
Kaarin and Alexander Hardy
Dana and Thomas Hayse
Eleanor and Bruce Heister
Victoria Huff and Greg Eckert
Priya and Michael Huskins
Ruth and Joshua Hutchins
Karen and Rick Iwamoto
John and Marcia Goldman
Foundation
Roberta and Chuck Katz Jr.

Joan Lane
Stephen Langdon
Katherine and James Lau
Patricia Lee-Hoffmann and
Steven Hoffmann
Sylvia and David Lichtenger
Connie and Robert Lurie
Anuradha Maitra and
Thomas Kailath
Sari and Blak
e McConnell
Debra and Bryan McLaughlin
Lily and Riaz Moledina
John Morey
Vincent Muzzi
Ann Mylod and Martin Yee
Netflix
Nibbi Bros. Associate, Inc.

Laura and Michael Nibbi
Andrea Okamura and
Jeffrey Chambers
Order of Malta
Kristi and T
om Patterson
Philanthropic Ventures
Foundation
Mary and David Phillips
PwC
Qualcomm Inc.

Amy and Peter Radovich
Ann and William Regan
Barbara Reis
Susan Richardson and
Harold Luft
San Bruno Community

Foundation
Meryl and R
ob Selig
Nancy and Greg Serrurier
Jenny and Josh Stein
Angela and Dana Stalder
John Stephenson
Alejandra Tapiero and
Pablo Paniagua
TDN Electric, Inc.

The T
JX Foundation
TOSA Foundation
The Urbanek Family
Foundation
Village House An Interfaith

Shelter of Hope
Beth and Kurt von Emster
Tamara and Nate Wall
Michele and Ted Wang
Pamela Weiss
Deborah and Peter Wexler
The Wilson Sonsini Goodrich
& Rosati Foundation
Tiffany and Jon W
oodruff
Susan and David Young
$5,000 – $9,999
Anonymous (14)
Anonymous
Abbott Laboratories Employee
Giving Campaign
Angela Affinito
Hildy and Cesar Agustin
Amy and Scott Arnold
Nicole Aron
Jill and Michael Aufricht
Brenda Baker and Eric Grosse
Deborah and Paul Baker
Alison and James Barta
Wendy and Joel Bartlett
Melanie and Christopher
Bebbington
Phyllis and Scott Bedford
Susan Bell
Dawnet Beverley
Christina and Jeffrey Bird
Boston Private Bank & Trust
Company
Carolyn and Stephen Bowsher
Marty Burchell and Michael
Brownrigg
Lori Buecheler
Chrislow’s Legacy LLC
Diane and Stephen Ciesinski
Kathleen and Andrew Cole
Community Foundation of
San Carlos
Compass R
ealty - Burlingame
Congregation Beth Am of
Los Altos Hills
Erin Craig and Richard Dvorak
The Cristina and Charles

Johnson Foundation
Danford Fisher Hannig
Foundation
Walter Dean
Catherine and John Debs
Laura and Sameer Dholakia
Angela Doerksen and
Jeffrey Bailey
Dudley-
Vehmeyer-Brown
Memorial Foundation
Lisa Dusseault and
Eric Rescorla
Lisa and John Earnhardt
The Eliot Family Fund
Extreme Network
s Inc.

Jill and Richard Fair
Helen and Steven Feinberg
Fenwick & West LLP
Joan Finnigan and
Mark Matteucci
K
atherine and Dan Finnigan
First Congregational Church
of Palo Alto
First United Methodist Church

of Palo Alto
Diane Flynn and Dwight
and Ronald Johnson
Ruth and R
obert Fox
Sally and Derek Freyberg
Vicki and Pollock Friedberg
Marion Gallagher
Meg and Marc Galletti
Lisa and Marcel Gani
Genentech, Inc.

Rameen Ghorieshi
Glenwood Ventures, Inc.

Goldie Anna Charitable Trust
Elizabeth and Cristos Goodrow
Marritje and Jamie Greene
Catherine Grundmann and
Don Etzbach
Scott Hall
Carol and John Hamilton
Katie and Bill Hammerson
Belinda Hanson
Albert Haust III
Heaven’s Helping Hand
Foundation
Alice Hehman
Andrea and John Hennessy
Jeffrey Hinck
HMC Designing Futures
Foundation
Maggie and Will Howecamp
Mary Patricia Howells
Hutton Family Foundation
Elizabeth Janopaul
Tabitha Jordan
Christina Kenrick and
Mark Chandler
Frances and Michael

Kieschnick
Julia K
ossack and
Marc Itzkowitz
Deborah and Jonathan Krass
Christine and Jeffrey Krolik
Andrew L
e
Kimberly and Tom LeMieux
Cathie Lesjak and Brian
Boisseree
Janet Littlefield and
William Coggshall
L
ongitude Capital
Marie Keese Lelash
Foundation
Susan and P
aul Matteucci
Gina Maya and Richard
Capelouto
Wendy and Tim McAdam
Maureen McNichols and
Roderick Kramer
Kay Melchor
Michelle Mello
Alison and Scott Mellon
Carmen Tam and Kirby Miller
Becky and Jim Morgan
Jennifer and Corey Mulloy
Donor list reflects gifts made between July 1, 2020 and June 30, 2021.

Nintendo of America
Norman and Sadie Lee
Foundation
Nvidia Corporation
Amanda Oakson and
Randy Salim
Joan and R
ollie Opp
Marcia and William Pade
Jill and Geoffrey Parker
Pamela and James Patterson
Amanda Peiffer
Norma Quickert
Christina and Thomas Quiggle
Karen and Jim Reid
Roberta and Leon Rosenberg
Family
Katharine Rosenberry
Barbara and Gregory Rosston
Rotary Club of Menlo Park
Foundation
Rotary Club of Saratoga
Daniel Scales
Lauren and Eric Schlezinger
Mary, Mark, and Emily
Sliwkowski
Carol Smythe
Nathan Spaun
Speramus Foundation
Harise and P
eter Staple
Elisabeth and Jordan Stockton
Lisa and Ron Sturzenegger
Jeremy Sugerman
Summitry LLC
Elaine and Arthur Taylor
Betsy Templeton
Mary and Gary Tietz
Verkada, Inc.

VMWare Foundation
Diana Walsh and John Walker
Melissa and Jeffrey Waters
Western Digital Foundation
Jennifer and Gabriel Wolosin
Woodruff Sawyer
Alisa Yaffa and Kenneth
McElvain
Caroline Yuan
$2,500 – $4,999
Heather and Tony Abbis
Meredith Ackley
AppDynamics LLC
Amy and Barry Asin
Alethea Bair-Sutherland and
Ben Sutherland
Gail and Robert Balsley
Barbara and Brian Beattie
Donna Bebb
Leslie Berlin and James Dodd
Ilissa and Brian Best
Kathryn and Jeremy Blanchard
Jennifer and Brian Blatnik
Andrea and Christopher Borch
Shannon and Clint Brayton
Kristin and John Brew
Jeremy Brown
Heather and Roy Caelius
Mei Koon Chen
Luthfur Chowdhury
Christine and Michael Clarke
Julie Clugage and
Richard Hardegree
James Corbett
T
ench Coxe
Nora Daly and Tim Linerud
Katherine and Jon Dart
June and James Diller
DocuSign
Juanita and Michael Duggleby
Ellen and Thomas Ehrlich
Connie Ellerbach
Liz Elwood
Pamela and Craig Flower
Anne and Buzz Frahn
Dorothy Free
GAP Inc.

Lisa and Craig Garber
Lucille Glassman
Nancy and Richard Goldcamp
Nifer and Aaron Goldman
Maggie and Frederick Grauer
Julie and Frederick Gruber
Abbie Halden and
Stephen Fick
Nancy
, Albert, and AJ Heinicke
Susan Henry
Janet and Rev. Michael
Hollingshead
Caryn Huberman Yacowitz
Elizabeth and Zachary Hulsey
Victoria Humphrey
The Hylke and Anna Wiersma
Charitable Fund
Intel Foundation
Intero Foundation
Island United Church of Christ
Sara and Ricardo Jenez
Johnson & Johnson
Matching Gifts Program
Phyllis K
ayten and
Steve Weinstein
Lisa K
eamy and Lloyd Minor
Jeanette and Kevin Kennedy
Pamela Koch and Drew Altman
Laura and David Krane
Susan and Robert Kresek
John Lamonica
April Lanz and Chris Rich
Ann and Randy Lee
James Long
Nancy Luter and
Kenneth Becker
Jillian Manus and

Rob Chestnut
W
endy and Rob McDowell
The McLuckie Family
Patsy and Charles McLure
The Mervyn L. Brenner
Foundation, Inc.

Amy and Charles Michael
Millbrae Community

Foundation
Jay Minteer and Theodore

Meyer
Mission City Community Fund/
Bentzien Trust
Patrick Monahan
Cynthia and William
Montgomery
Glenn Moragne
Allison Morantz and

Daniel Wohl
The Morrison & Foerster

Foundation
The Nordson Corporation
Foundation
Kathryn Obana
Deborah and Frans
Op den Kamp
Shari and Donald Ornstein
Shirley and Mik
e Orsak
Carol and Luther Orton
Malinda Pauly and
Daniel Sutherlin
Nancy P
axton and
Gaurang Desai
P
eninsula Bible Church
Rachel Perkel and
Shawn Becker
L
ynn and Joseph Pinto
Kathryn and Christopher Potts
Padma and Krish Ramakrishnan
Gordon Ray, M.D.

Rotary Club of San Jose
Emilie and Alvin Roth
Carol and Harry Saal
San Mateo County Association
of Realtors
Valerie and Derek Sanders
Katie and Paul Scott
Lisa and Stephen Shirley
Teri and Garry Spanner
St. Mark’s Episcopal Church
of Palo Alto
S
t. Paul’s Episcopal Church
of Burlingame
Lisa and Gregory S
tanger
Bryan Stansell
Nancy and Ken Stein
Jim Thornton
Town of Hillsborough
David Tsiang
Kristine Valk
Leon Van Woerkom
Varian Medical Systems, Inc.

Sandra and Brent Vaughan
Rachel and Kevin Visscher
Kimberly Vogel
Alison and David Wagonfeld
Wang Ching-Yee and
Wang Hu Chia-Chiue
Family Foundation
W
orld Wings International, Inc.

Suzanne and Jack Yang
Karen Zak and Gary Waymire
Anna Maria Zara and
Robert English
Jane and Mitchell Zimmerman
Anna Zornosa-Heymann and

Leonard Heymann
$1,000 – $2,499
Betsy and Jay Adams
Wendy Adams and
Pete Rukavina
A
dobe Inc.

Agilent Technologies, Inc.

Suzy and Timo Allison
Almaden Valley Rotary
Endowment
Amazon Smile Foundation
American Association of
University Women (AAUW)
Juliana and Dana Andersen
Linda Anderson
Richard Andrews
Marijk
e Annis
Jane and Matthew Arena
Aufmuth Family Foundation
AvalonBay Communities
Avenidas - Aveneedles
Sarah Babin and John Hickson
Christine Bachen and
Pedro Ramos
Virginia and L
yle Bacon
Ira Bahr
Jennifer Bailey and
John Zeisler
K
ara Bailey
Linda and Laurence Baker
Mari Baker and Andy Stack
Leslie and Doug Ballinger
Deborah and Steve Baloff
Julie Barney
Nacole Barth-Ellis and
Donald Ellis
Eileen and R
alph Battat
Linda and John Bauer
Melody and Walter Baumgartner
Susan and David Bell
Patty and Louis Bellardo
Mary Ellen and
Thomas Benninger
K
aren S. Bergman
Barbara M. Berk and
Gilbert Mintz
Margaret Berlese
Jayita Bhojwani and

Aaron D’Souza
Sue and Jim Bialson
Big Joe L
easing & Rentals, LLC
Mary Bimba
Kerry Bitner and
James Taschetta
A Black Tie A
ffair
Blissful Yoga & Wellness
Lori Bogard and Erik Toomre
Sarah Boisseree
Gabrielle Boles
Mary Bona
Ann and Daniel Boram
Michael Brandeberry
Broadcom Corporation
Courtney Broaddus and
Charles Bloszies
Lorrie Broderick
Keith Brown
Theresa and Paul Brown
Robert Brush
Susan Bryan and Frank Adams
Susannah and Sukey Bryan
Stephen Buchner
Katherine and Roy Bukstein
Ruth and Jeremy Burton
Sherry and Michael Campbell
Claire Maria Campodonico
Mary Carp
Julie Carver Cardillo and
Louis Cardillo
Susan Casentini and

Kyle Milligan
Lisa and Christopher Chai
Madeline Chaleff and

David Arfin
Joan and P
ark Chamberlain
Linda and John Chamberlain
Raymond Chan
Sushini Chand
Ana Chang and Robert Lister
Denise Chilow and
Simon Bloch
Julie and William Chong
Victor Chong
John Chow
Clark Charitable Fund
Mia and Tim Clark
Susan and R
obert Coffman
Holly and Andy Cohen
Edith and John Collin
Colorprint
Compass Realty - Saratoga
Eileen and Daniel Conway
Robert Cook
Heidi and Andrew Cotton
Evelyn and Daniel Cox
Kay Craven and
Jim Hieronymus
Beth Cross and T
ony Stayner
Deborah and Chris Crouse
Thomas Cruz
Anthony Custodio
D. Smith Memorial Fund
Peggy and Yogen Dalal
Carolyn and Gordon Davidson
Richard Davies
Amanda Decker
Laura Demsetz and
Bernard Adelstein
Daniel Dermer and Frank Pratt
Heather Descollonges
Determined R
eaders
Yvonne Di Salvo
Dana and Daryl Dobrenz
Eva and Andrew Dobrov
Jane Donahue and
Drago Rajkovic
S
tacy Donohue and
Chris Perrone
Andrea and S
tephen Dover
Vanessa and Robert Drebin
Xiaohui Du
Katherine Durgin and
Elaine McKinley
Debbie and Scott Eagle
Mary and Sean Echevarria
A
dam Edwards
Linda and Jerry Elkind
John Elliot and
Thomas Hawley
Alison Elliott and S
teven Blank
Barbara and Robert Ells
Victoria Evans
Miriam Ezray
Sally and Craig Falkenhagen
Jane and Jim Farish-Savage
Cheryl and Delwin Fassett
Kathleen and Isaac
Fehrenbach
Jan and Bryan Ferguson
P
am Ferris
FHLBank San Francisco
First Congregational Church
Carol and Brian Fischer
Jeanne and Frank Fischer
Laura and John Fisher
Teresa and Allen Fleishman
Carol and Roger Flores
Pam Flournoy
Anne Foster and
Michael Kupfer
L
ara Foster
Rebecca and Frank Fox
Elizabeth and Paul Fraley
Frank, Rimerman + Co. LLP
Thank Y ou to Our GENEROUS DONORSThank Y ou to Our GENEROUS DONORS 540
Kathleen Franz
Michele Freed and
Gary Sprague
Y
vonne French
Elizabeth Funk
G.W. Williams Foundation
Ursula Gallichotte
Helen and Joe Galligan
Penny and Greg Gallo
Wendy Gee and Gary Wong
David Geisert
Bonnie and Robert Gerlach
Sarah and Patrick Gibbs
Cindy and Phillip Gibson
Gideon Hausner Jewish
Day School
Diana Go and S
tephen Smith
Joanne and Jon Goldstein
Nandini Gondhalekar and
Atul Suklikar
Sank
eth Gopalakrishnan
Lea Goldstein and
Brian Greenberg
Matthew Greenberg
Melissa Grimm
Marianna Grossman
Diane Guinta and

Paul Goldstein
Deanna and David Gustavson
Susan and S
teven Hailey
Lorraine and Noble Hancock
Lisa and Donald Hanle
Richard Hanley
Antonia Hansen
Cynthia Harris and Daniel Sze
Elizabeth Harris and W. Booher
Kay and Mike Harris
Anne and Steve Hartman
Margaret and Samuel Hayes
Roy Hayter
Carol and Douglas Henton
Stefan Hepper
Julie Herlihy and Jeff Kinder
Valerie Herman
Michelle Hogan
Tiffany and Chin Hong
Susan and Gary Hornbeek
Leslie Howard
Saloni and Stephen
Howard-Sarin
K
athy Howe and John Lilly
Donna and John Hower
HP Inc.

Edward Huber
Mary Hughes and Joe Simitian
Mary and Thomas Hunt
Lisa and Calvin Huntzinger
Alyson and Jim Illich
Indeed.com
Intuitive Surgical
Indira Iyer
Susan and Richard Jacobsen
Tobi James
Jacqueline and John Jarve
The John and Sarah Elliott
Family Fund
Stephanie and
Edward Johnson
Angela and Nick K
alayjian
Israela and Jay Kamchi
Jill and Brian Kasser
Anne and Eric Kastner
Charley Kearns
Alan Keefer
Margaret and Francis Keeler
Renate and James Kempf
Jeanette Kennedy and
Steven Alexander
Maureen and David K
ennedy
Susan Ketcham and
Anne Casscells
V
aishali Khandekar
Deborah and Kevin Kielty
Nanci and Steve Kim
Lawrence Kimmel
Edie Kirkwood
Marsha Kliewer
Andrea Knight Dolan and
Peter Dolan
Ines K
och
Gabriele and Fritz Koehler
Ann Kough and John Kennedy
Linda and Mike Kress
JoAnn Kukulus and
Fred Wiener
Judy and Anthony K
wee
Carrie and Micah Laaker
Carol and Robert LaBarthe
Ladera Community Church
Karen Latina and Evan Susser
Tamara LaTorre and Jim Rowe
Tina Lavelle-Pilek
Leak Fairon Family Fund
Jennifer Lebsack
Shirley and Daniel Lee
Howard Levy
Dane Lewis
Light Company
Jill and Phillip Lighty
Jennifer Lindsay
Heather Linebarger
Live Oak Lions Club
of Menlo Park
Ginny and Mark L
ockhart
Barbara and Gary Loebner
Leslie and Greg Loomis
Loqate
Annamarie and Alan Louie
Amber Lucas
Ellen and Jim Lussier
Nicole Lynn and Adam Wood
Patricia and Joseph Mach
Nancy and Alex Malaspina
Sophie Maletsky
Brian Manca
Judy and George Marcus
Lisa Mario
Linda and A.C. Markkula
Kaaren and Richard Marquez
Deborah and Tom Martin
Joan Martin-Lake and
Paul Lake
Diane and R
obert Master
Leslie and Matthew Mayerson
Jerry McBride
Patricia McClung and
Allen Morgan
Evan McCulloch
Anne and Thomas McDevitt
Theresa McDonald
Suzanne and James McElwee
Ethna McGourty and

Timothy Haley
Amy and R
obert McHugh
Elisabeth and Daniel McKinnon
Meg and Stuart McLaughlin
Debra and Jim McLean
Caryn McVey
Lisa and Bob Meade
Tomoko and Aubrey Merriman
Tina Mikkelsen
Jess and Ross Millikan
Laurel and Steve Miranda
The Mirbach Family
James Montanaro
Barrett Moore and Bruce Ives
Karen Moore and
Peter Watkins
Michael Morganstern
Richard Morris
A
gnes Moser
Tami and Tim Mulcahy
Renee and Adil Munshi
Laurel and Donald Nagle
Deborah Neff
New Life Community Church
Susan Nitzberg
Oak Grove Christian Ministries
Jennifer and Bob O’Donnell
Karen Offen
Optimist Club of
San Carlos-Belmont
Orchard Commercial Inc.

Jen Overholt
P
alo Alto Christian Reformed
Church
PayPal
Steven Payne
Holly Pedersen
Mary Pence
Janet and Ken Perez
Mauree Jane and Mark Perry
Drora and Janet Pershing
Kirk Pessner and Russell Miller
Laura Peterhans
Melissa and Youlian Petkov
Rebecca Phillips
Barbara and Jerry Pierce
Lee and John Pierce
Lynn and Olivier Pieron
Laura and Mark Pitchford
Cynthia and Randy Pond
Laura and Andy Poppink
Ellen and Klaus Porzig
Valerie and David Powell
Anjali Pradhan
Erika and Eduardo Pretell
Joan and William Price
Virginia and Leslie Proceviat
David Proulx
PwC Foundation
Vickie and Robert Quenelle
Sandra Ramer
Sonali and Chidambaram
Rammohan
Amy Rao and Harry Plant
Gertrude Reagan
Christine and Charlie Redfield
Redwood City Elks Lodge
Laurie Reid and
Nicholas Menaker
Christina and Jeff Richardson
Jenny and Gerald Risk
Alicia R
oach Gerena
Theresa and Karl Robinson
Suzanne Rocca-Butler and
Eric Butler
P
enny Rock and Robert Garner
Betsy and Marc Rosen
Rotary Club of Mountain View
Katharine and Daniel Rubin
Deborah and Dan Rubnitz
Cynthia and Allen Ruby
Geniveve Ruskus and
Derek Mulkey
V
alerie and Michael Russell
Jennifer and Joshua Salcman
Salesforce.com Foundation
San Francisco Symphony
The San Mateo County
Democratic Party
Santa Clara Family Health Plan
Jessica Sauter
Denise Savoie and

Darrell Duffie
Meritt and S
tephen Sawyer
Gayle Schaeffer and
Charles Wyngarden
Evelyn Schiffman and

Cubby Bernstein
Heik
e Schmitz and
Markus Fromherz
L
auren and Rick Schwartz
Lynn and Thomas Schworetzky
Searchlight Fellowship
Irene Searles and David Brett
Cynthia Sears
Reva and John Segall
Randee Seiger
Anita Seipp
Kasturi Sengupta
Peggy and Ronald Shapera
Carla Shatz
Jennifer and Jeffrey Shaw
Katharine and Elton Sherwin
John Sheu
Janet and Mike Shinn
Shirdi Sai Parivaar
Sheree and John Shoch
Cindy and Greg Shove
Rebeca and Mark Showen
Beth and John Shuman
Carolyn and Jeremy Siegel
Sierra Ventures
Management III, LLC
Bryan Silverthorn
Simon P
. Morris, D.D.S.

Pediatric Dentistry
Jennifer and Chris Sk
arakis
Natasha Skok and
Matthew Self
Joy Sleizer
SMCBA Barristers
Edward Smith
Joyce and Bradley Smith
P
aula and Steve Smith
The Smith Family Fund
Deborah Sobel and
Jeffrey Brown
Softbank Investment A
dvisers
Jane and Larry Solomon
Mary Beth Springer,
Paul Rosenblum,
and Rachel Rosenblum
S
t. Bede’s Episcopal Church
of Menlo Park
Faye and R
on Star
Marion Steeg and
Salvador Bustamante
Edye and L
arry Stein
Lauren Stein and
Samuel Friedman
Marrilyn S
tein
Sheila and Russell Stevens
Susanne Stevens
Dee Stewart
Valori Stitt
Kathryn Stivers
Study.com
Nicholas Sutton
Debra Szecsei and Ronald Hall
Colleen and Geoffrey Tate
Holly and Buzz Thompson
Toneh and Jeffrey Thompson
Susan and Carl Thomsen
Eudora and Jimmy Ting
Nicholas Tompkins
Deanne Tucker
UA Local Union 393
Jennifer Urmson
Sue Valeriote and
Ken Goldman
L
etty and Frits Vanderlinden
Melanie Vinson
Marie and John Violet
Elizabeth and Mark Vorsatz
Jay Voss
Fatima Wagdy
Jeanine Walters
Andrew Wang
Jacqueline Warden
Judith Wasserman
Georgianna and Robert Waters
Dagmar Wedel and
Patrick Daley
R
ebecca and David Weekly
Angela and David Weiden
Margaret and Curt Weil
Nina Weil
Sarah and Eric Weissman
Wells Fargo
Cheryl and Clark Westmont
Alexander White
Patricia and James White
Lia and Jim Whitehead
Cynthia and Jonathan Wilcox
Marjan and John Wilkes
William H. Cilker Family
Foundation
Linda and Drew Williams
Kristen and Edward Willig
Jean and Bob Willwerth
Lou Ann and Blake Winchell
Claire and Bill Wolfenden
Florence Wong and
Andrew Haskell
Nancy L
am Wong
Joanne Wong-Lam
Amy Woolf
Sheila and Gerald Wroblewski
Susan Xing and Alan Lin
Bernadette Yetso
Cindy and Peter Ziebelman
Cynthia Zollinger and
Mike Minor
R
achel and Aaron Zubaty
We are deeply grateful to each person,
group, company, and foundation who has
helped us through another extraordinarily
challenging year. Your generosity makes
a life-changing difference for thousands
of people in Silicon V
alley. Thank you!
We are so grateful for the support of our dedicated LifeMoves volunteers, whose time, efforts, and creativity were especially crucial during the last twelve months. From DIY hygiene kits for our female clients, to heartwarming shoe drives, and an outpouring of generosity through the bittersweet holiday season, community members and local organizations gave
countless hours to projects that helped our clients feel at ease and at home.

Donate
Make a Financial Contribution
Y our gift ensures that we can
continue to provide housing and
supportive services to thousands
of unhoused children and adults.

Contact Katherine Finnigan
at [email protected]
to make a gift of stock, property,
or DAF grant.

Include LifeMoves in
Y our Estate Plan
By making a gift through your
will or trust, you can leave a
legacy of shelter and services
for families and individuals
for years to come. Contact
Katherine Finnigan at
[email protected].

Ask Y our Employer to Match Gifts
Many companies offer matching
donations to double the impact
of your gift. See if your employer
will match your donation to
LifeMoves: www.lifemoves.org/
make-an-impact/
employee-match/
Donate a Vehicle, Clothing,
or Other Items
Find out about creative
giving options that offer the
greatest philanthropic impact.

Contact Carmen Kapanga,
[email protected]
to donate a vehicle,
clothing, or other items.

Volunteer
Volunteer Virtually with
Y our Company
Create fun and engaging
team-building activities that make
an impact for people in need.

Contact Marissa Dong at
[email protected].

Donate or Sponsor Meals
Drop off prepared meals or
sponsor a meal delivery to help
ensure the 1,549 people staying
at a LifeMoves site have access
to healthy, fresh, and nutritious
meals. Contact Alex Mazariegos
at [email protected].

Contribute Pro Bono Skills
Give your professional time
to provide consulting services
on an as-needed basis. Contact
[email protected].

Partner
Hire a Jobseeker
Hire motivated, qualified
employees working to build
brighter futures.

Become a Landlord Leader
Rent your apartment to one of
our clients, and give a second
chance to a responsible tenant.

Contact Bernah Posadas at
[email protected].

Connect
Take a Virtual Tour of
LifeMoves Programs
Schedule a tour and see first-hand
the impact of our services.

Contact Shelby Dobrenz at
[email protected].

Attend a Virtual Family
Engagement Workshop
Our virtual Family Engagement
Workshop teaches families
with children age 8-13 about
homelessness through age-
appropriate, engaging, and
inspiring activities and discussion.

Contact Shelby Dobrenz at
[email protected].

Visit Us Online at
www.lifemoves.org
Read about the latest news,
events, and inspirational stories.

Connect on Social Media
Join the conversation online at
Facebook.com/LifeMovesOrg
Twitter.com/LifeMovesOrg
Linkedin.com/company/LifeMoves
Instagram.com/LifeMoves_org
LifeMoves Annual Report • page 15
Community Support
12,400
volunteers support LifeMoves
LifeMoves hopes to resume in-person volunteering
as health regulations develop in the new year,
and we look forward to seeing you again soon.
541
Everyone Has a Story
“We see someone that’s homeless, and
we don’t know how or why they ended up
on the street – we don’t know their story.

Being on the flip side of the coin, I just
want people to know that everyone
has a story to tell. And I’m so grateful
to be here, at this chapter in my story –
whatever you need, LifeMoves is here
to help. It’s a blessing.”
JOHN
181 Constitution Drive
Menlo Park, CA 94025
650.685.5880
www.lifemoves.org
542

CITY OF FOSTER CITY
FY 2022-2023 Non-Profit Funding Application

PROGRAM OVERVIEW
City Council has set aside funds to support local non- profit agencies that operate programs and services that benefit the Foster City community and that the City would otherwise be unable to provide. Funding levels are determined annually by the City Council. The total funding made available may vary and traditionally has been funded by the General Fund.

NON-PROFIT FUNDING PROCESS SCHEDULE
April 1, 2022 Non-profit funding application period opens.

May 2, 2022 All requests for funding are due from non-profit agencies no later than 5:00 PM.

May 4, 2022
to
June 6, 2022
Non-profit representatives Applicants are invited to appear during the Public Comment period at ANY Regular City Council meeting between Monday, April 4, and Monday, June 6, 2022. Applicants will be given three minutes to briefly overview their organization and how non-profit funding would benefit the Foster City Community. No funding recommendations will be considered until June 6, 2022.

June 6, 2022 City Council determines funding levels by agency which staff incorporates into the Final FY 2021-2022 Budget document.

June 20, 2022 Final FY 2022-2023 Budget is adopted by the City Council.

July 1, 2022 Non-profit funding program year begins. Awarded non- profits to submit invoice to City requesting disbursement.

PROGRAM ELIGIBILITY
At its March 21, 2022 Council meeting, City Council approved new Non-Profit Grant Program Guidelines, which can be found here.

Organization must be incorporated as a non-profit organization or school with tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.

An unincorporated organization may apply through a fiscal sponsor, provided that the fiscal sponsor is a 501(c)(3) organization or school with tax-exempt status und er Section 501(c)(3) of the Internal Revenue Code.

The applicant agency understands funding disbursement may only occur after an invoice and W-9 documentation is submitted to the City.

The applicant agency agrees that an annual report/presentation will be provided to the City Council and shall indicate the number of services provided and Foster City residents served by the organization during the reporting period. The report will include measur able contract outcomes, successes, and challenges.

Organization must comply with all appropriate requirements o n the use of public funds, particularly prohibiting funds being used for personal benefit or lending of funds to a private entity.

Agencies are required to apply for funding each year. Funding for any given year does not guarantee funding for succeeding years.

Attachment 7
543

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:

Organization Address:

Contact Name:

Contact Email:

Contact Phone: Amount Requested:

Select the appropriate Community Need category your organization meets (from the drop down menu below) SECTION 1: IDENTIFICATION/ANALYSIS OF LOCAL NEEDS
1a. Describe the problem or need area being addressed including any formal study that has been done of the local and regional need for the service, program, or project.

SECTION 2: PROGRAM DESCRIPTION
2a. Describe the goals of the program for which you are requesting funding and how the funds would be used.
544

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:
2b. Describe the accomplishments over the recent year of your organization and/or the program for which you are requesting funding.
2c. Describe the benefits to the City of Foster City and/or its residents of the program goals and accomplishments described in the previous two questions. 2d. How many Foster City residents did this program serve last year and/or how many are expected to be served in the coming year?
545

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:
2e. Does your organization or program serve a larger geographic area or any other jurisdictions? List (if any), including the total number typically served.

SECTION 3: ADMINISTRATIVE CAPACITY
3a. Describe the organization’s experience providing the proposed project or program. 3b. Describe the way that the program is staffed (full-time, part-time, volunteer) and organized, as well as your organization’s total annual budget and your various sources of revenue. 546

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name:
3c. Describe any collaboration that exists between your organization, this program and programs administered by other agencies, including financial, staffing or cross-referral, and how this may have benefitted or increased the impact of your services.

SECTION 4: REQUIRED ATTACHMENTS
4a. Proof of non-profit status (501(c)(3) or equivalent 4b. Copy of latest organization’s annual report (if possible) RETURN ONE COPY OF COMPLETED FORMS TO:

Mail
City of Foster City
Attention: City Manager Department
610 Foster City Boulevard
Foster City, CA 94404
Email
[email protected]

SIGNATURE
Signature of Applicant: Date:

Printed Name: Title:
547
Sunday, May 1, 2022
FY 2022-2023 Non-Profit Funding Application
1 Attachment 8
548

PROGRAM OVERVIEW
City Council has set aside funds to support local non-profit agencies that operate programs and services that benefit the Foster City community and that the City would otherwise be unable to provide.

Funding levels are determined annually by the City Council. The total funding made available may vary and traditionally has been funded by the General Fund.

NON-PROFIT FUNDING PROCESS SCHEDULE
April 1, 2022 Non-profit funding application period opens.

May 2, 2022 All requests for funding are due from non-profit agencies no later than 5:00 PM.

May 4, 2022
to
June 6, 2022
Non-profit representatives Applicants are invited to appear during the Public Comment period at ANY Regular City Council meeting between Monday, April 4, and Monday, June 6, 2022. Applicants will be given three minutes to briefly overview their organization and how non-profit funding would benefit the Foster City Community. No funding recommendations will be considered until June 6, 2022.

June 6, 2022 City Council determines funding levels by agency which staff incorporates into the Final FY 2021-2022 Budget document.

June 20, 2022 Final FY 2022-2023 Budget is adopted by the City Council.

July 1, 2022 Non-profit funding program year begins. Awarded non-profits to submit invoice to City requesting disbursement.

PROGRAM ELIGIBILITY
At its March 21, 2022 Council meeting, City Council approved new Non-Profit Grant Program Guidelines, which can be found here.

Organization must be incorporated as a non-profit organization or school with tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.

An unincorporated organization may apply through a fiscal sponsor, provided that the fiscal sponsor is a 501(c)(3) organization or school with tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.

The applicant agency understands funding disbursement may only occur after an invoice and W-9 documentation is submitted to the City.

The applicant agency agrees that an annual report/presentation will be provided to the City Council and shall indicate the number of services provided and Foster City residents served by the organization during the reporting period. The report will include measurable contract outcomes, successes, and challenges.

Organization must comply with all appropriate requirements on the use of public funds, particularly prohibiting funds being used for personal benefit or lending of funds to a private entity.

Agencies are required to apply for funding each year. Funding for any given year does not guarantee funding for succeeding years.
2 549
FY 2022-2023 Non-Profit
Funding Application
Organization Name:
"PARCA" AKA Partners and Advocates for
Remarkable Children and Adults
Organization Address
800 Airport Blvd., Suite 320
Burlingame, California, 94010
Community Need Category
Basic Needs
Click here to learn more about Community Needs Categories Contact Name:

Sirenetta Leoni
Contact Email:
[email protected]
Phone Number:
(650) 312-0730
Amount Requested:
$5,000
3 550
FY 2022-2023 Non-Profit
Funding Application
1a. Describe the problem or need area being
addressed including any formal study that has
been done of the local and regional need for
the service, program, or project.

Having a developmental disability, such as an
intellectual disability, cerebral palsy, autism and
epilepsy, affects the activities of daily living in
language, learning, living independently, mobility
and self-care, among other areas. People with
developmental disabilities are at risk of missing
opportunities to develop to their maximum
potential and are in danger of living lives that offer
no means of choice, dignity, control or
individuality. Further exacerbating these problems
are susceptibility to isolation, dependency upon
others and exploitation.

There are an estimated 14,000 residents of San
Mateo County with developmental disabilities,
comprised of all age groups, of which
approximately 62% are male and 38% are female.

Ethnicity is primarily Caucasian (32%), Hispanic
(23%) Asian (17%), Black/African-American (8%)
and Other (20%). Adult members of this population
are primarily “very low” and “low” income as
measured by the 2021 Community Funding Income
Eligibility guidelines for San Mateo County.

Seventy-three percent live with a parent or
guardian.

Families of people with developmental disabilities
are typically overwhelmed by and ill-equipped to
deal with the ongoing challenges of living with a
person with developmental disabilities. According
to a Lucile Packard Children's Hospital study, 57%
of parents of children with developmental
disabilities have been diagnosed with clinically-
significant stress, compared to 8% of all parents,
and for families with limited resources, or who
have more than one member with developmental
disabilities, that stress is compounded.

Unsurprisingly, the increased incidence of stress
and depression in these families often leads to a
deterioration of relationships over time.

Multiple ARC studies have revealed that families
who have members with special needs are under-
served in the following ways:
• Approximately 33% are on government
assistance waiting lists, with an average waiting
time of five years.
4 551
• 20% report having a member who was forced to
quit their job to become a full-time caregiver.
• More than half of the caregivers spend over 40
hours weekly assisting disabled people.
• Nearly 50% of caregivers say they have more
care-giving responsibilities that they can handle.
• 80% of caregivers are tired, over-stressed and
suffer from guilt or emotional upset.
• 85%* of adult family members with
developmental disabilities remain unemployed.
(Please note that while figures are as yet
unavailable, this number is expected to have
increased significantly during the pandemic, as
many people with developmental disabilities
typically have jobs that require them to work on-
site, such as re-stocking merchandise in stores,
delivering mail at corporate campuses or busing
tables in restaurants.)
2a. Describe the goals of the program for
which you are requesting funding and how the
funds would be used.

In response to the urgent and often unmet needs
of families struggling with the challenges of
assisting a loved one with developmental
disabilities, PARCA’s Family Support Services
(FSS) program is a lifeline that provides a place to
turn to for advocacy, comfort and guidance in
areas such as education, housing, employment
and legal rights. The program’s overarching goal is
to enable families to stay intact, focused and
stable.

Specifically, the Family Support Services program
assists families in the following ways:
• Helps them understand their loved one’s unique
life challenges
• Educates them on their legal rights and teaches
them how to self-advocate
• Provides insightful and balanced input when
accompanying them to pivotal meetings with
school districts and government agencies
• Raises their awareness of resources and support
services available
• Directs them towards employment, education
and housing opportunities and provides guidance
on the application process
• Prepares them for future contingencies, such as
estate planning and conservatorships
• Organizes, sponsors, and promotes inclusive
recreational and social events among client
families
• Offers support, empathy and reassurance to
parents, caregivers and siblings; lets client
families know that they are not alone.
5 552
To achieve these goals, FSS provides a critical
array of services and supports tailored specifically
to the needs of families in which one or more
members have developmental disabilities. These
include preparation, coaching and self-advocacy
training for Individualized Education Program (IEP)
and Individualized Program Plan (IPP) meetings;
referrals; seminars on legal and medical topics
concerning people with special needs; help finding
suitable activities for their family member with
developmental disabilities; and community
education and outreach.

The program strives to help families in a
comprehensive manner. In addition to planning and
implementing the aforementioned services, the
Program Director's job consists of responding to
each family's particular requests and needs on an
ongoing basis. As a parent of an adult child with
developmental disabilities herself, she is aware
that difficulties in communication within families
can lead to frustration and depression.

Consequently, she spends considerable time
helping families find successful ways of engaging
with one another, including facilitating parent and
sibling support groups and organizing fun,
inclusive recreational events for the whole family.

The services provided play an important role in
reducing stress, improving parents’ and siblings’
mental health and maintaining family stability.

During COVID, the program also helped clients and
families cope with the many added challenges
brought on by the pandemic, such as distanced-
learning, isolation and strict adherence to safety
protocols.

Remarkably, Family Support Services is staffed by
only one person, Program Director Sue Digre, and
serves about 400 families in San Mateo County.

Family Support Services does not receive state
support or charge for its services. Families in need
cannot find free, high quality, one-on-assistance
of this type through any other program in the
County. We are requesting a $5000 grant which, if
awarded, we would use towards the program's
general operating expenses.
2b. Describe the accomplishments over the
recent year of your organization and/or the
program for which you are requesting funding.

During the past year, the Family Support Services
Program Program Director:
6 553
• Provided direct one-to-one assistance to 174
clients and parents, preparing them for 41 IEP and
42 IPP meetings and attending those meetings
with them. Altogether, clients and their families
received 384 hours of personal counseling and
meeting preparation and assistance.
• Organized quarterly online seminars for parents
and caregivers presented by experts on topics
such as disability rights, conservatorships,
Supplemental Needs Trusts and self-
determination. Videos of these seminars were
subsequently made available on PARCA's website
for those unable to attend in person.
• Facilitated and encouraged regular contact
among over 240 client families through daily
motivational text messages, weekly social media
posts and monthly and quarterly newsletters.
• Helped organized or co-sponsored monthly
inclusive recreational and quarterly social group
activities for clients and their families, mostly
online. While opportunities for gatherings have
been limited due to the pandemic we hope to
return to a more robust schedule of activities as
the risk of COVID recedes.

Additionally, due in large part to her year-long
advocacy and organizing efforts, beginning in Fall
2022, the San Mateo Union High School District, in
partnership with the Renaissance Entrepreneurship
Center, will be piloting a special entrepreneurial
skills training curriculum, specifically tailored for
students with special needs. If successful, the
program will be launched district-wide, and all high
school-aged students enrolled in Special
Education and Adult Transition classes in San
Mateo County, will be eligible to participate.

As indicated by the responses received to our
recent annual Family Support Services Survey,
client-families remain overwhelmingly supportive
of the program:
• Over 86% indicated that they were “Highly
Satisfied" with the level of assistance received
with IEP and IPP meetings, stress reduction, self-
advocacy training for both parents and clients,
increasing their awareness of the rights of people
with developmental disabilities and the quality of
resources and information provided.
• 94% said that they would be “Highly Likely” to
recommend Family Services to other families who
have a member with developmental disabilities
and 88% responded that they would also be “Highly
Likely” to recommend PARCA’s other programs.
7 554
FY 2022-2023 Non-Profit
Funding Application
2c. Describe the benefits to the City of Foster
City and/or its residents of the program goals
and accomplishments described in the
previous two questions.

The services provided by Family Support Services
are available to individuals with developmental
disabilities of all ages and their families who live
in San Mateo County. The director, who is herself
the parent of an adult child with a developmental
disabilities, has designed a program which offers a
critical array of services tailored specifically to the needs of these families.

Depending upon their needs, Foster City families
with one or more members with developmental
disabilities, may receive such services as meeting
preparation and self-advocacy coaching for critical
IEP and IPP meetings with school administrators
and State agencies; peer group support; answers
to legal concerns; referrals to appropriate
agencies; or help finding suitable activities for
their children.

Foster City families are also part of the network of
client families who have been receiving regular
updates and information on matters of importance
to families with children with developmental
disabilities throughout the pandemic.

Before the pandemic, Family Support Service
clients from Foster City enthusiastically
participated in inclusive PARCA-sponsored large
outdoor group activities such as “PARCA Day at
the County Fair” and the Redwood City “Holiday
Lights Walk;” activities which we plan to
reintroduce as soon as it is safe to do so.

If the Fall 2022 pilot program described previously
in section 2b is successful, Foster City youngsters
with special needs enrolled in the San Mateo
Unified High School District's Special Education
classes will be eligible to participate in
entrepreneurial skills training curriculum adapted
to their specific needs.

According to the US Department of Labor, teaching
entrepreneurial skills to high school-aged students
with disabilities benefits them in the following
ways:
8 555
• Both paid and unpaid work experiences during
high school, helps youth with disabilities acquire
jobs at higher wages after they graduate.
• Provides them with opportunities to exercise
leadership, experience different roles and develop
interpersonal skills
• By launching a small business or school-based
enterprise, youngsters with disabilities can learn
to: communicate their ideas and influence others
effectively through development of self-advocacy
and conflict resolution skills; become team
players; and engage in problem solving and critical
thinking — skills valued highly by employers in the
competitive workplace of the 21st Century.
2d. How many Foster City residents did this
program serve last year and/or how many are
expected to be served in the coming year?
The Family Support Services Program Director
works directly with 38 Foster City families who
have one or more family members affected by
developmental disabilities. The program has
served 40 Foster City families on average annually
over the past six years, however, the Program
Director is committed to making efforts to
increase visibility of the program and participation
of Foster City families in the program over the next
twelve months in the following ways:
• Placement of informational fliers at the FC
library; the Program Director has received
permission from the City Librarian to use the
library facilities for meetings with local families.
• Speaking with preschool administrators and
providing them with informational fliers for
distribution to interested families.
• Placement of informational fliers on multiple
bulletin boards at the Foster City Recreation
Center.
• Outreach to FC Fire and Police Department to see
if they have the time and resources available to
co-sponsor an open house on safety for people
with developmental disabilities. (This would be
similar in concept to the annual "Fire Safety Day"
that PARCA has co-sponsored for several years
with the fire department in South San Francisco for
people with special needs.)
• Outreach to the city's Recreation Department to
see if they have any interest in creating a program
for people with special needs similar to those
offered by San Bruno and South San Francisco.

Additionally, we expect that a number of high
school students enrolled in Special Education and
young adults enrolled in Adult Transition classes,
9 556
who are residents of Foster City, will participate in
the new entrepreneurial training classes to be
piloted during the Fall semester of 2022, but it is
too early to speculate on what those totals might
be. We will have a much better sense once the
program is operational.

Lastly, before the pandemic, many Foster City
residents with developmental disabilities
participated regularly in inclusive large group
activities sponsored by PARCA, such as “PARCA
Day at the County Fair” and the Redwood City
“Holiday Lights Walk.” Because many clients have
underlying conditions which put them at “high risk”
of contracting a serious infection, we have taken
every precaution to keep them protected. As the
CDC, State and County’s Health Department have
changed their recommendations over the course
of the pandemic; we have adhered to their
guidance and adapted our safety measures
accordingly, depending on whether the risk of
community spread is ascendant or descendant.

PARCA expects to resume these types of larger
group outdoor gatherings once public health
officials advise that it is safe enough for people
who are at higher risk to do so.
2e. Does your organization or program serve a
larger geographic area or any other
jurisdictions? List (if any), including the total
number typically served.

PARCA serves approximately 1,000 children, teens
and adults with developmental disabilities and
their family members annually in the County of San
Mateo and the City of Palo Alto. Approximately
ninety-three percent (930) are residents of San
Mateo County.

Of the adult clients with developmental disabilities
(defined as "intellectual disabilities, Down
syndrome, cerebral palsy, autism and epilepsy")
that we serve, almost all are either “Very Low” or
“Low” income, as measured by San Mateo
County’s 2021 Income Limits Matrix. These
include the residents of our affordable co-housing
and/or group homes in San Carlos, Redwood City,
Belmont and San Mateo, as well as the adult
participants of our Community Living Skills
training program who are spread throughout the
county. The 120 youngsters and their family
members served through our REACH after-school
and summer camp programs are primarily located
in San Bruno and its adjacent communities. Our
Family Support Services program provides
services to 400 families located across San
10 557
Mateo County, including those in Foster City.
11 558
FY 2022-2023 Non-Profit
Funding Application
3a. Describe the organization’s experience
providing the proposed project or program.

PARCA’s mission is to enrich the lives of people
with developmental disabilities and those of their
families by empowering them to become more
independent through programs and services
supporting inclusion, self-sufficiency and personal
growth.

PARCA’s organizational goals are to:

• Support our clients and their families by working
together to achieve common goals.
• Provide transparency and accountability to our
constituents.
• Act as a liaison between clients and their
families and schools, state agencies and city and
county programs.
• Excel in designing and delivering specialized
programs and services. Meet or exceed client
service expectations.
• Adapt to changing needs within the communities
we serve.
• Provide a continuum of care for people with
developmental disabilities.

Family Support Services, PARCA’s foundational
program, was started in 1952. From there, PARCA
expanded its services and is now a widely
recognized as a model provider of quality
residential programs, independent living skills
training, recreational and socialization activities,
self-advocacy coaching and family support.

PARCA’s programs focus on boosting clients’
confidence in their own abilities by helping them
develop their skills and achieve their goals. We
additionally work in tandem with families, teachers
and allies in the community to offer programs
designed to create a feeling of extended family for
people with developmental disabilities of all ages.

Programs include supported residential facilities
for low-income adults; before- and after-school
care and a summer camp for children; advocacy
and guidance for clients and their families in
situations involving health, housing, education,
employment training and inclusive recreation;
support groups and education for family members.
3b. Describe the way that the program is
staffed (full-time, part-time, volunteer) and
12 559
organized, as well as your organization’s total
annual budget and your various sources of
revenue.

STAFFING/ORGANIIZATION
Program Director, Sue Digre, invests much of her
time helping families prepare for IEP and IPP
meetings by teaching parents and in some cases,
students, about their rights, responsibilities, and
self-advocacy. Her goal is to educate families and
capable, mature clients well enough to be able to
advocate for themselves in these meetings.

However, before she pushes them “out of the nest”
and lets them handle it entirely on their own, she
attends several meetings with them to observe
and provide assistance, if requested. School and
social welfare agency administrators and parents
alike, respect and trust the Program Director for
her breadth of knowledge on the right of people
with developmental disabilities, as well as her fair-
mindedness.

At the onset of COVID, in just a matter of days,
Ms. Digre was able to transition from providing
mostly in-person services to operating almost
exclusively online. She worked tirelessly to make
sure that PARCA’s clients and their families
continued to receive the help and services they
depend upon throughout the pandemic.

Additionally, she facilitated regular contact among
the already over-stressed parents, who were now
faced with the added burden of supervising their
children's distanced learning, by encouraging them
to start a daily text chain to lend moral support to
one another by exchanging war stories, ideas,
quick recipes, inspirational messages and a few
laughs. She also created and distributed a monthly
e-newsletter and regularly posted links to relevant
news stories, vital resources and stress reduction
techniques on social media to make sure that
parents stayed up-to-date and felt supported.

The Program Director is the lone Family Support
Services staff member and serves about 400
families in San Mateo County.

BUDGET/REVENUE
Family Support Services, PARCA’s foundational
program, has been in operation for seventy years.

The program receives neither state support nor
charges for its services. It is funded primarily
through revenues generated by PARCA’s salvage
collection resale program and investment income,
in addition to grants, individual donations and
proceeds from PARCA’s fundraising events.
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During the pandemic, our organization experienced
numerous financial challenges, including the
extended closure of our resale Collections
program, PARCA's single greatest source of
income. These losses, coupled with fewer fees
collected due to capacity restrictions and special
event cancellations, resulted in a sudden and
significant drop in total revenues.

We received SBA loans and COVID Emergency-
Relief grants, which helped offset these
unexpected losses, but are especially grateful to
you and our other grantors and donors for your
past generosity, which enabled PARCA to build
emergency reserves over the years, allowing us to
remain open without having to make severe cuts
to services and staffing.

Barring any further unanticipated events, we expect
our current programs to be operating at or near full
capacity this coming fiscal year. However, while
PARCA’s year-over-year revenues have already
recovered significantly, we anticipate that it may
yet be another year or two before we return to our
pre-COVID level of earnings.

Without funding from the the City of Foster City,
PARCA would still be able to cover the costs of
the program; however, this would reduce funds
available for other programs and could affect
plans for expanding services or hiring and retaining
staff.
3c. Describe any collaboration that exists
between your organization, this program and
programs administered by other agencies,
including financial, staffing or cross-referral,
and how this may have benefitted or increased
the impact of your services.

PARCA leverages its efficacy through community
and agency collaborations with other nonprofits
and agencies, including MidPen Housing, the San
Mateo County Department of Housing, the
California State Department of Rehabilitation,
Second Harvest Food Bank and dozens of other
agencies.

A recent example of this was when, last year,
PARCA entered into an agreement to provide
onsite supervision and housing support services
to the ten residents of AbilityPath’s new
permanent co-housing program for adults with
special needs in San Mateo. Our Family Support
Services Program director took advantage of this
opportunity to recommend several of her young
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adult clients, who had completed “Adult
Transition” training and she deemed ready to live
semi-independently, as candidates for tenancy.

The Golden Gate Regional Center, which had been
tasked with overseeing the tenant screening
process, readily approved them. The clients
subsequently moved in, adjusted well and are now
thriving in their new environment.

In addition to her other duties, the Program
Director attends many State, County and local
government agency, as well as corporate and
private foundation meetings, such as San Mateo
County Boards of Education and Housing and
THRIVE (The Alliance of Nonprofits for San Mateo
County), to represent PARCA and advocate for
people with developmental disabilities.

She also continues to maintain collaborative
relationships with dozens of other agencies for
various purposes, including cross-referrals,
consultation and co-sponsoring projects,
activities, and events. She actively serves on
several committees and advisory panels focused
on the needs of children and adults with special
needs, including those organized by the Golden
Gate Regional Center, Lucile Packard Children’s
Hospital, the State Department of Rehabilitation
and SamTrans. Most recently, to the end of
improving the quality of medical services received
by patients with developmental disabilities, she
has been lending her expertise to Stanford Medical
School to help develop a program which teaches
medical students how to better communicate with
people with special needs.

As previously mentioned, however, the Program
Director’s most notable collaboration during the
last twelve months has been to partner with the
Renaissance Entrepreneurship Center and the San
Mateo Unified High School District (SMUHSD) to
adapt their high school-level entrepreneurial skills
training curriculum for students with special
needs. The San Mateo Unified High School District
will begin piloting this program in Fall 2022, and, if
successful, will make this training available to
eligible students enrolled in their Special
Education and Adult Transition classes throughout
San Mateo County. We look forward to seeing
what this new and uniquely-abled class of budding
Silicon Valley entrepreneurs might be able to
accomplish.
15 562
FY 2022-2023 Non-Profit
Funding Application
4a. Proof of non-profit status (501(c)(3) or
equivalent):
pdf PARCA_501c3 Status (including Name Chan…
4b. Copy of latest organization’s annual report
(if possible):
pdf PARCA Audited Financial Statement Final FY …
Signature:

Date:

Sunday, May 1, 2022
Printed Name:

Sirenetta Leoni
Title:

Development
16 563

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name: Samaritan House
Organization Address: 4031 Pacific Blvd, San Mateo, CA 94403 Contact Name: Isabelle Anderson
Contact Email: [email protected]
Contact Phone: 650-376-4992 Amount Requested: $20,000
Select the appropriate Community Need category your organization meets (from the drop down menu below) Basic Needs Click here to learn more about Community Needs Categories SECTION 1: IDENTIFICATION/ANALYSIS OF LOCAL NEEDS
1a. Describe the problem or need area being addressed including any formal study that has been done of the local and regional need for the service, program, or project.

As we move from relief to recovery in the wake of COVID -19, the experience for those at the economic top is very different from those living below the poverty line. Foster City’s residents are not exempt. Foster City’s relative affluence, with a median household income of $163 ,322 (US Census 2022), belies the fact that city residents suffer from the same economic inequality, food and housing insecurity, and health disparity as the rest of San Mateo County. C osts are outpacing wages, and the pandemic exacerbated widening gaps in wealth inequality as it hit low-wage service jobs disproportionally . The County of San Mateo’s cost of basic expenses rose 23% from 2018 to 2021, with housing and childcare comprising 52% of a family’s monthly budget. Childcare costs alone grew 67%. Health care expenses - premiums, deductibles, and out-of-pocket costs - rose by 36%. Our County carries the highest average rental debt per household and the largest increase in food stamp enrollment across all of California., and prior to the COVID pandemic, hundreds of Foster City residents sought vital services from Samaritan House just to survive.

COVID peeled back the layers of socioeconomic inequality and accelerated an already widening wealth disparity in our own backyard. Though COVID restrictions have eased throughout the Bay Area, Omicron and other variants still form the backdrop of our world, making our society’s recovery tenuous for many business owners, employees, parents, and educators . Many of our clients’ employment hours are still cut, businesses are struggling to reopen at full capacity , and rampant inflation has taken hold of nearly every industry .

Individuals are still called to quarantine and care for love ones who fall sick, even while mask m andates are lifted. The world is very different than it was pre -2020, with even greater divides now separating those at the economic top from the botttom. Demand for our critical services remain at 90% of peak Spring 2020 need, and to-date, we have only seen a 2% drop in the number of clients needing support as compared to this time last year.

We are never going back to pre-pandemic levels of service . Unfortunately, the economic recovery applauded by some is not reaching all of those most in-need. Too many neighbors have fallen deeper into poverty and sacrificed life savings to keep afloat. Low -income families, especially those with children, single-parent households, seniors, and those at-risk of homelessness will continue to need our help for some time , and we will be with them every step of the way. We will help our neighbors on their path to self-suff iciency by committing ourselves to new, heightened levels of operation while providing the same level of customized, professional, and empathetic care to every client who comes through our doors.

Samaritan House is the designated Core Service Agency for Foster City. Samaritan House's wide range of safety net services – food, access to shelter, clothing, health care and financial assistance - and role as lead Attachment 9
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Core Services Agency for central San Mateo County and for the County’s Coordinated Entry System (CES) are vital components of San Mateo County’s human services safety net for community members in need.

Clients throughout San Mateo County, including residents of the City of Foster City, come to Samaritan House in financial crisis, seeking emergency housing or rental assistance. The majority of our clients earn less than 30% of the AMI, which is $54,800 fo r a family of four in San Mateo County (HUD, State of CA HCD, SMC 2021). Many are uninsured, none earn a livable wage or are unemployed, many have exhausted their unemployment benefits and all cope with significant hardship, all of which have negatively im pacted their household’s income level and ability to remain stably housed. Additionally, many endure mental health, legal, disability, or domestic violence adversity.

Samaritan House is a model of powerful good and is central to caring for thousands across our County . As San Mateo County’s central anti -poverty agency, we play a critical role in stabilizing thousands of famili es, and we will continue to serve Foster City families and individuals who come to us in financial crisis or who are entering or experiencing homelessness with the tools and resources that w ill sustain them far beyond our immediate infusion of emergency resources. Impactful programs and interventions will continue to support economic stability, including housing and emergency rental assistance, shelter, case management, income security, children services, healthcare and food services. For as long as it takes, together with the City of Foster City, we will continue to work the front lines serving our clients the best way we can, by meeting them where they are and supporting them through this journey.

SECTION 2: PROGRAM DESCRIPTION
2a. Describe the goals of the program for which you are requesting funding and how the funds would be used.

The next chapter in this crisis depends on our response now. The economic fallout from the pandemic is far from over, and our clients will continue to need the City of Foster City ’s generous support. As we move our response from relief to recovery, Samaritan House respectfully requests a $20,000 grant to support a wide range of vital safety net services for Foster City’s low - and extremely low -income families struggling with hunger, homelessness and poverty. This funding will be used to provide food, access to shelter, healthcare, personalized case management and broad range of supportive services to set the most vulnerable residents of Foster City on a path toward stability, self-reliance and success.

Since 1974, Samaritan House has led the fight against poverty in San Mateo County. As the frontline support mechanism for providing emergency and safety net assistance to vulnerable adults, youth and families, we are the only organization that delivers the full breadth of essential services and personalized support to the working poor. In response to the economic crisis created by COVID-19, our efforts have focused on providing the most basic necessities of living while continuing to operate services that will help those who have been destabilized return to self-reliance.

Over the past two years, our agency has grown by 88%, and we serve 10,000 additional individuals each year, due to the increase in demand for services. In FY21, we served 22,380 people with financial assistance, homelessness prevention and essential services, such as: food, shelter, clothing, and healthcare. Services include:

Client Services: Housing assistance, emergency rental assistance, case management, benefits assistance, homelessness prevention services, referral and connection to many community resources. Samaritan House also serves as the lead agen cy for San Mateo County’s Coordinated Entry System (CES), serving over 2,000 individuals each year. Financial empowerment and asset building services are offered, including VITA (Volunteer Income Tax Assistance) services and one-on-one financial coaching.

Emergency Financial Assistance/Homelessness Prevention Program: We are the lead agency for San Mateo County responsible for the procurement and processing of all financial assistance for the seven Core Service Agencies, including the City of Foster City. Our role assists our clients in meeting COVID and non- COVID related financial assistance including utilities and emergency rental or mortgage assistance

Food & Nutrition Program: We are the largest direct-to-client food distributor in San Mateo County. Our Food and Nutrition Program distributes food through a variety of means to ensure the program meets the diverse needs of those living with food insecurity. Meals are provided through our Kitchen to those unable to cook and delivered to social service programs, senior and community centers, and homebound seniors and individuals .

Groceries are distributed through Food Pantry, Family Harvest, Produce Mobile, and Food Pharmacies to those low-income families who struggle to buy groceries. 565
Healthcare: Serving Foster City residents (and any County low-income residents without health coverage), our Free Healthcare Clinics of San Mateo and Redwood City serve over 7,000 patient visits each year with over 60 volunteer professionals. Medical, dental, vision and mental health services are provided at no cost to medically underserved residents of San Mateo County. Clinic patients are uninsured and unable to afford ‘out-of-pocket' healthcare costs, such as premiums, copays or deductibles of coverage. Since 2016, we have operated California’s first two Food Pharmacies, and patients with diabetes fill "prescriptions" for free nutritious food.

Providing primary and preventive care to the medically underserved not only benefits those receiving the care, but also accrues benefits to the community at large. Vaccinations reduce the spread of infectious diseases in a community. Keeping residents heal thy improves the workforce and economy. Having a primary source of care reduces dependence on hospital emergency room visits at a considerable cost savings.

Children’s Programs: Foster City children and youth have access through our Kids Closet. Kids Closet provides basic necessities , as well as high quality clothes, backpacks, and more. A newly opened boutique provides new and gently used clothing for children and teens. We also host an annual back -to-school backpack event, Halloween costume giveaway, Holiday Toy & Gift Card Distribution event, and other children’s programs.

Shelter Services: As operator of Safe Harbor Shelter, a 115- bed homeless shelter located in South San Francisco, and Pacific Emergency Shelter, a 75- bed shelter in R edwood City, we are dedicated to supporting residents’ goals to reconstruct their lives, by offering hope and providing a secure, supportive and welcoming place for Foster City adults experiencing homelessness in San Mateo County. Shelter residents receive three hot nutritious meals every day, hot showers, hygiene supplies, intensive case management, housing location assistance, resource and benefits connection, access to commu nity services, transportation, employment referral, as well as financial education/services, and counseling. We also offer on-site Medical Respite, mental health and substance abuse support and intervention, educational programming, and other supportive services, as needed

Holiday Assistance: Samaritan House’s Holiday Program reached 2,439 low -income households, including 5,547 children and teens in 2021. Thanksgiving dinners are served at Martin Luther King Center, local senior and community centers, and at our Shelter Services sites. Special food distributions in November and December provide all the fixings for holiday dinners. In addition, our Holiday Gift Card & Toy Event serves over 1,000 families.

Worker Resources: The Worker Resource Center (WRC) matches temporary laborers with potential employers, including residents and some businesses from Foster City. Managed by Samaritan House and funded by the City of San Mateo, the WRC provides a safe place for employers and employees to meet. In addition, ESL classes, computer learning, community engagement, training on basic maintenance and landscape services, employment services and referrals are offered to equip laborers with skills for employment.

Volunteer Program – Civic Engagement in Action: Foster City residents and businesses (Gilead, VISA, Penelope’s, etc.), civic organizations (Rotary, Lions, Peninsula Special Interest Lions), educational and religious organizations are a principal part of our extensive community involvement efforts as volunteers and supporters, including some of our elected officials. Foster City Elementary, Audubon Elementary, Bowditc h Middle, Foster City Preschool, Kids Connection, Warnock Day School and even Mrs. K’s Preschool all participate in Samaritan House’s WEE Care Program, as do Foster City students in the 3 local high schools.

Last year, Samaritan House engaged over 3,400 volunteers who provided 48,205 hours of service, valued at $1,476,348. Our clinical service providers are 90% volunteer driven; our food kitchen is staffed by volunteers equaling almost two FTEs on an annual basis; and 60 schools participate in monthly Wee Care clothing and food drives. Samaritan House uses volunteer contributions from the community (approximately 1,700 hours of volunteer labor every month) to produce meals at a very low cost. 95% of the food us ed to prepare meals is provided by community in- kind contributions from local grocery stores, community food drives and individual donations, valued at over $4.6 million annually.

As we look to recovery from COVID, we witness the prolonged impact of the pandemic on our client’s lives.

Together with City of Foster City and the Foster City Chamber of Commerce, we will fight poverty and advance economic mobility by providing
a wide range of vital safety net services for all those struggling with hunger, homelessness and poverty. Thank you for your generous contribution this past year and for your consideration of our funding request. Your continued support will enable us to keep the working poor stably housed, provide healthy food for children and families, protect the uninsured with comprehensive preventative healthcare, and ultimately, strengthen our community.
566

CITY OF FOSTER CITY
Non-Profit Funding Application
(Please use additional sheets if necessary)

APPLICANT INFORMATION
Organization Name: Samaritan House
2b Describe the accomplishments over the recent year of your organization and/or the program for which you are requesting funding.

The livelihoods of people already on the edge, living paycheck to paycheck combined with those previously stable losing their jobs, have been greatly impacted by COVID -19. Our community’s most vulnerable residents are more reliant than ever before on the social services sector for their basic sur vival, and Samaritan House has been here to help. Our strategic plan to address the 400% increase in demand across our most critical programs since the onset of COVID includes the following components:

1. We kept hardworking individuals and families housed.

From April 2020 through April 2022, as the lead Core Service Agency in San Mateo County, Samaritan House distributed $12 ,376,554 to 7,987 individuals in COVID and non-COVID related financial relief, for rent, utilities, and other bills , on behalf of our network . Of those households seeking help, 76% had been affected by COVID -19’s economic fallout. As San Mateo County’s lead social service agency, we served 881 immigrant families with application supp ort and C ore Services follow -up through partnership with the $16M San Mateo County Immigrant Relief Fund. Collectively, we have provided almost 4 times (370%) the pre-COVID amount of financial assistance since the onset of the pandemic through the Homeless Prevention Program.

As the State of California’s primary partner on the ground in San Mateo County, we provided outreach and application assistance for all government funding, including Local Initiatives Support Corporation (LISC) - the national nonprofit enlisted by the state to administer approximately $47 million of federal and state emergency rental assistance to San Mateo County renters and landlords , while also provi ding relief for all those with nonconventional leases who don’t qualify for government aid.

With the end of the eviction moratorium and the sunsetting of California’s COVID -19 Rent Relief Program , we continue to serve as part of a collaborative local partnership with all of the Core Service Agencies to the State. Since the program has ended, our contract with the State ERAP program has been extended through June 2022. We now assist with applications in progress, appeals, missing documents, and any other activities that assist clients in getting approved for the program. As well, we continue to offer benefits assistance, veterans’ services, and referrals and connection to many community resources.

2. We kept families nourished with healthy food.

Our Food & Nutrition Program increased by 195% in FY21, growing to 2.75+M annual meals across 12 food programs. Samaritan House decreased food insecurity for 18,226 individuals and reached 14,246 clients through the drive -thru Food Pantry. Over 151,000 bags of groceries were distributed through the Food Pantry, Family Harvest, Produce Mobile, and Food Pharmacies. Food costs offset an average of $1,532 per household, valued at $11,170,913. New clients receive emergency food (enough for their whole family) immediately and are then enrolled in our program or referred to our closest partner agency for ongoing food needs. New families come to our food program weekly, and w e continue to share more than 1,100 individually packaged hot meals a day to folks in our community and make over 1,000 grocery deliveries a month to homebound seniors and individuals.

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In FY22, we have been challenged to sustain this increased level of service. In partnership with the County’s Office of Sustainability and Second Harvest of Silicon Valley, we will be expanding our grocery rescue operations, recovering healthy food by contract, up and down the Peninsula, for use not only in Samaritan House distributions but also delivering rescued food donations to neighboring food pantries and meal programs, including schools, churches, etc. As well, we have expanded our food pantry, started construction on our food grocery operation, and made upgrades to our kitchen.

3. We kept the uninsured healthy with comprehensive preventative medical care.

The Free Clinics of San Mateo and Redwood City have remained open for medically underserved, low- income residents in our community, both through telehealth and in -person visits. Our physicians continue to focus their care on triaging patients presenting with acute issues , as well as treating and preventing chronic issues such as heart disease and diabetes, both of which make individuals more vulnerable to COVID -19.

New capacity expansion and program enhancements include: (1) Continuous Glucose Monitoring (CGM) pilot for patients with diabetes, (2) Interpreter Services, and (3) Telehealth Tools: eClinicalTouch iPads and web cameras/headsets. Following a 65% increase in demand for mental health services, we are looking for ways to provide more mental health support to our patients. Last year, in collaboration with the Lions International Clubs, a total of seven COVID-19 vaccination clinics and nine flu vaccination clinics at the Free Clinic of San Mateo serv ed 414 patients, helping the entire community to keep healthy and productive at work and in school. Additionally, e very Sunday, the Stanford Arbor Clinic, provides walk -in services for children and families at the Redwood City Clinic. Collectively, the two healthcare clinics provided 7,227 medical and dental patient visits for the uninsured, while the Food Pharmacy program served 921 patients with diabetes "prescriptions" for free nutritious food, consisting of 7,606 bags of groceries, accompanied by health and nutrition education.