Foster City City Council
August 1, 2022

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

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

THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITY-ORG.ZOOM.US/J/84380855312 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

Consistent with Government Code Section 54953, this City/District Meeting will be held via teleconference in addition to in person. City Councilmembers/District Board and staff will attend in person or via teleconference.

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

To Attend the Meeting in Person:
• Location: 620 Foster City Blvd, Foster City, California, 94404

To Provide Public Comment in Person:
• Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until t he staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed. For special meetings, public comment is limited to item(s) on the agenda only.

To Observe the Meeting via Teleconference/Video Conference:
• To access the meeting by computer / smartphone, go to: https://fostercity-org.zoom.us/j/84380855312

• To dial-in via phone:
1-669-900-6833 or
1-408-638-0968
And enter Webinar ID: 843 8085 5312

To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
• During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dial-in attendees. Please clearly state your full name for the record at the start of your public comment.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda
1 • Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting. Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA

Monday, August 1, 2022 6:30 PM

REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

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

4. SPECIAL PRESENTATIONS

5. PUBLIC

Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda. Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.

6. CITY/EMID CONSENT CALENDAR

All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on thes
e items unless a citizen or a Council/Board member
so requests. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call. 2 6.1. City/EMID Minutes

6.1.1. City/EMID Regular Meeting of July 18, 2022

6.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-90 and EMID Resolution Number to be used tonight is 3669)

6.2.1. A Resolution of the City Council of the City of Foster City Accepting the Work by Mike Brown Electric Co. for the Dynamic Signage for Traffic Relief Pilot Program (CIP 301-694) and Directing the City Clerk to File the Notice of Completion a) Staff Report
b) Adopt Resolution

6.2.2. A Resolution of the City Council of Foster City Authorizing a Transfer of $327,945.50 From Fund 501 to CIP 301-700 and Approving the Issuance of a Request for Proposals for
Professional Engineering Design Services Associated With Fuel Systems Improvement Project (CIP 301-700)
a) Staff Report
b) Adopt Resolution

6.2.3. a) A Resolution of the City Council of the City of Foster City Approving Task Order CSG-2022-01 with CSG Consultants, Inc in the Amount of $100,000 for City Projects and Without Limitation for Land Development Projects for Temporary Staff Augmentation and Inspection Services; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Task Order CSG-2022-01 with CSG Consultants, Inc in the Amount of $100,000 for City Projects and Without Limitation for Land Development Projects for Temporary Staff Augmentation and Inspection Services
c) Staff Report
d) Adopt Resolutions

6.2.4. a) A Resolution of the City Council of the City of Foster City Authorizing Edmund Suen and Mimi Lam as Authorized
Signatories for Purposes of Opening, Administering and Closing Any and All Cash and Investment Accounts; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing Edmund Suen and Mimi Lam as Authorized Signatories for Purposes of Opening, Administering and Closing Any and All Cash and Investment Accounts
c) Staff Report
d) Adopt Resolutions

3 6.2.5. a) A Resolution of the City Council of the City of Foster City Authorizing Investment of Monies in the Local Agency Investment Fund; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing Investment of Monies in the Local Agency Investment Fund
c) Staff Report
d) Adopt Resolutions

6.3. City/EMID Other

6.3.1. Cancel the January 3, 2023 Regular Meeting of the City Council/EMID Board of Directors of the City of Foster City/Estero Municipal Improvement District

7. NEW BUSINESS

7.1. Interview and by Minute Order Consider Appointment of Five Residents, One Youth Member, and Representatives from Two Businesses, and One Non-Profit to Either a Two-Year Term or Three-Year Term on the Citizens Sustainability Advisory Committee:

Resident applicants: Victoria Blackman, Shilpi Goel, Ronald Haupt, Maxwell Kwan, Nilofer Motiwala, and Lawrence Staley
Youth Applicants: Stuti Goel and Siddharth Godi
Major Employer Applicant: Nicole Kho (Gilead Sciences)
Non-Profit Applicant: Marah Curry (Chamber of Commerce) a) Staff Report
b) Interview Applicants
c) Take Action By Minute Order

7.2. Consideration of Local Electric Vehicle (EV) and Energy Reach Codes Development Support Services
a) Staff Report
b) By Minute Order, Provide Policy Direction

8. REPORTS

8.1. Consideration of Advocacy Positions on Priority Legislation for the 2022 State Legislature
a) Staff Report
b) By Minute Order, Provide Policy Direction

4 9. RESOLUTIONS FOR ADOPTION

9.1. A Resolution of the City Council of the City of Foster City Approving and Authorizing Staff to Issue the Request for Proposal for Professional Design, Bidding, and Construction Support Services for the Recreation Center Replacement Project (CIP 301-678)
a) Staff Report
b) Action - Adopt Resolution

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on July 14, 2022 and ACH were processed on July 14, 2022.
a) Information Item Only
b) No Action Required

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

AND REQUESTS, AND COUNCIL LIAISON REPORTS

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

12. ADJOURNMENT

The public is invited to attend.

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

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

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

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs)

City Council meetings on https://www.fostercity.org/community/page/fctv-live-stream:

STREAMED LIVE every 1st and 3rd Monday of the month

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

5 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF JULY 18, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of July 18, 2022 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Richa Awasthi.

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

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Benjamin Stock, City Attorney/District Legal Counsel; Jennifer Phan, Interim Deputy City Manager; Edmund Suen, Finance Director, Marlene Subhashini, Community Development Director; Maria Saguisag-Sid, Human Resources Director; Tracy Avelar, Police Chief; Robert Marshall, Fire Marshal; Mark Lee, Police Lieutenant; Louis Sun, Public Works Director; Derek Schweigart, Parks and Recreation Director; Rob Lasky, IT Manager; Frank Fanara, Parks Manager; Julie Paping, Interim Principal Management Analyst; Francine Magno, Senior Engineer; Shuli Chen, Video Technician and Yelena Cappello, Deputy City Clerk/Deputy Recording Secretary.

PUBLIC
The following people addressed the City Council via email regarding the appointment of Shilpi Goel to the Citizens Sustainability Advisory Committee:

1. Naveen Mahmood;

1. Heidi Levy;

2. Nadia Jafri, 696 Venus Court;

3. Lalitha;

4. Mitun Bhattacharjee;
6 5. Sudipti Gupta;

6. Sharmila Bhavsar;

7. Shenaz Zack;

8. Nagin and Lalitaben Morar;

9. Murli and Mona Melwani;

10.Michael Stephen;

11.MaryAnn Brown;

12.Mehek Talwar;

13.Shilpa Badadare;

14.Shika Gupta;

15.Seema Kalra;

16.Rama;

17.Kalpana Pal;

18.Sameer Kalra and Ritika Narula;

19.Deepa Talwar;

20.Elizabeth Tough, 979 Pizarro Lane;

21.Jyotika Balsara;

22.Poorni Otilingam Lindenfeld;

23.Rosemary Janet Gardiner, 974 Pizarro Lane;

24.Suki Reddy;

25.Aarti Shri;

26.Marisol Melara; and

27.Ghanshyam Patel.

Sofia Medina, representing Porch.com, addressed the City Council via email regarding water pollution.

Wayne Lee, President of the San Mateo County API Caucus, addressed the City Council in person regarding the internship program for the San Mateo County API Caucus.

The following people addressed the City Council via teleconference:

1. Lisa Levinson, Campaign Director at In Defense of Animals, regarding geese mitigation; and

2. Wayne Johnson, regarding geese mitigation.

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

City/EMID Consent Calendar

1. Minutes of Regular Meeting of June 20, 2022;

2. Minutes of Special Meeting of June 27, 2022;
7 3. City Ordinance No. 650, “An Ordinance of the City Council of the City of Foster City Adopting a Transportation Impact Mitigation Fee, Adopting a Public Safety Impact Fee, and Adopting a Park Facilities Impact Fee to Be Imposed on New Development Projects in the City of Foster City (First Reading June 20, 2022);”

4. City Resolution no. 2022-81, “A Resolution of the City Council of the City of Foster City Approving the Summary Vacation of a 10-foot Public Utility Easement Located on or About the Property Identified as 630 Leo Drive (APN 094-410-580);”

5. City Resolution No. 2022-82, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a 3-Year Microsoft Enterprise Agreement, Purchased Through SoftwareOne, with a Total Not-to-Exceed Amount of $297,403.41;”

6. City Resolution No. 2022-83, “A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of Funding for FY 2022-2023 in the Total Amount of $220,200.73 From the Information Technology Equipment Replacement Fund to Account No. 504-0160-419-4388 for Projects Still In- Progress From FY 2021-2022;”

7. City Resolution No. 2022-84, “A Resolution of the City Council of the City of Foster City Appropriating an Additional $27,901 in Fiscal Year 2022-2023 to the City Manager's Department General Fund Account;”

8. EMID Resolution No. 3662, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Appropriating an Additional $27,901 in Fiscal Year 2022-2023 to the City Manager's Office General Fund Account;”

9. City Resolution No. 2022-85, “A Resolution of the City Council of the City of Foster City Authorizing an Appropriation of $73,290 in Fiscal Year 2022-2023 to the Human Resources General Fund Budget, Account Number 001-1210-415-4251;”

10.EMID Resolution No. 3663, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing an Appropriation of $73,290 in Fiscal Year 2022-2023 to the Human Resources General Fund, Account Number 001- 1210-415-4251;”

11.City Resolution No. 2022-86, “A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of Funding for Fiscal Year 2022-2023 in the Amount of $50,000 From Fund 001 to Account No. 001-0910-431-4251 and in the Amount of $100,000 From Fund 001 to Account No. 001-0930-431-4251 and in the Amount of $15,000 From Fund 129 to Account No. 129-0932-431-4251 and in the Amount of $158,978.75 From Fund 501 to Account No. 501-0560-431-4384;”

12.EMID Resolution No. 3664, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Appropriation of Funding for Fiscal Year 2022-2023 in the Amount of $150,000 From Fund 408 to Account No. 408- 0110-413-4385 and in the Amount of $51,043.10 From Fund 458 to Account No. 458-0110-413-4385;”

13.City Resolution No. 2022-87, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Master Agreements With Ruggeri-Jensen- Azar, Wilsey Ham, Inc. , and Bellecci and Associates for Professional On-Call Land Surveying Services; DKS Associates, Hexagon Transportation Consultants, Inc., and Traffic Patterns for Professional On-Call Traffic Engineering and Transportation Services; Huffman Broadway Group, Inc. For Professional On-Call 8 Environmental Services; Apex Testing Laboratories Inc. And Construction Testing Services for on-call Materials Testing Services; and BKF Engineers and CSG Consultants for Professional On-Call Civil Engineering Services;”

14.EMID Resolution No. 3665, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Mayor to Execute Master Agreements With Ruggeri-Jensen-Azar, Wilsey Ham, Inc., and Bellecci and Associates for Professional On-Call Land Surveying Services; DKS Associates, Hexagon Transportation Consultants, Inc., and Traffic Patterns for Professional On-Call Traffic Engineering and Transportation Services; Huffman Broadway Group, Inc. For Professional On-Call Environmental Services; Apex Testing Laboratories Inc. And Construction Testing Services for on-call Materials Testing Services; and BKF Engineers and CSG Consultants for Professional On-Call Civil Engineering Services;”

15.City Resolution No. 2022-88, “A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation;” and

16.EMID Resolution No. 3666, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation.”

ITEM REMOVED FROM CONSENT CALENDAR
AMENDING SECTIONS 15.12.010 (PURPOSE, OBJECTIVE, INTENT), 15.12.020 (DEFINITIONS), 15.12.170(J) (EXEMPT SIGNS-POLITICAL SIGNS) AND 15.12.180 (TEMPORARY SIGNS) WITHIN CHAPTER 15.12 (SIGN CONTROL) OF TITLE 15,

BUILDINGS AND CONSTRUCTION OF THE FOSTER CITY MUNICIPAL CODE RELATING TO TEMPORARY NON-COMMERCIAL RIGHTS-OF-WAY SIGNS. CITY ORDINANCE NO. 651.

Without objection from the City Council, Mayor Awasthi removed this item from the Consent Calendar at the request of Vice Mayor Froomin.

Randy Pilgrim, 845 Castor Street, addressed the City Council via email regarding the location of campaign signs.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried, 3- 2-0, Vice Mayor Froomin and Councilmember Gehani voted “no”, adopting City Ordinance No. 651, “An Ordinance of the City of Foster City Amending Sections 15.12.010 (Purpose, Objective, Intent), 15.12.020 (Definitions), 15.12.170(J) (Exempt Signs-political Signs) 9 and 15.12.180 (Temporary Signs) Within Chapter 15.12 (Sign Control) of Title 15, Buildings and Construction of the Foster City Municipal Code Relating to Temporary Non- commercial Rights-of-way Signs (First Reading June 20, 2022).”

PUBLIC HEARING
FISCAL YEAR 2022-2023 APPROPRIATIONS LIMIT OF THE CITY/DISTRICT. CITY RESOLUTION NO. 2022-89. EMID RESOLUTION NO. 3667.

Mayor Awasthi opened a public hearing to hear and consider public comments regarding the Fiscal Year 2022-2023 Appropriations Limit of the City/District.

Finance Director Suen presented the staff report.

Without objection from the City Council, Mayor Awasthi closed the public hearing.

No public testimony was received.

Discussion ensued.

Motion by Councilmember Gehani, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-89, “A Resolution of the City Council of the City of Foster City Establishing the Fiscal Year 2022-2023 Appropriations Limit Pursuant to Article XIIIB of the California Constitution” and EMID Resolution No. 3667, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing the Fiscal Year 2022-2023 Appropriations Limit Pursuant to Article XIIIB of the California Constitution”.

AMENDMENT OF THE MASTER FEES AND SERVICE CHARGES SCHEDULE

ESTABLISHING FINES FOR VIOLATIONS OF THE DECLARATION OF WATER SHORTAGE EMERGENCY. EMID RESOLUTION NO. 3668.

President Awasthi opened a public hearing to hear and consider public comments regarding an amendment of the Master Fees and Service Charges Schedule establishing fines for violations of the Declaration of Water Shortage Emergency.

Public Works Director Sun presented the staff report.

Without objection from the City Council, President Awasthi closed the public hearing.

No public testimony was received.

Discussion ensued.

Motion by Director Sullivan, seconded by Director Hindi, and carried unanimously, 5-0-0, adopting EMID Resolution No. 3668, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing Fines for Violations of the Declaration of 10 Water Shortage Emergency and Certain Provisions of Chapter 8.60, “Water Conservation and Rationing” of the Estero Municipal Improvement District Code, Amending the Master City/district Fees and Service Charges Schedule for FY 2022-2023 to Include Said Fines and Establishing the Appeals Board Pursuant to Section 8.60.090”.

REPORTS
CANADA GOOSE POPULATION MANAGEMENT PLAN UPDATE – PROGRESS UPDATE ON MITIGATION STRATEGIES AND PERMITS. MINUTE ORDER NO. 1863.

Parks and Recreation Director Schweigart presented the staff report.

The following people addressed the City Council via email:

1. Madhu Mehta;

2. Pragna Mehta;

3. Jennifer Lee & Family;

4. Matt Gowdy;

5. Alfredo Kuba, representing in Defense of Animals Coalition;

6. Kristin Lynn;

7. Chim Chune Ko, 913 Catamaran St., Unit 4; and

8. Kay Bushnell.

The following people addressed the City Council in person:

1. Noam Kedem, 606 Waterbury Lane;

2. Michael Schiltz, 320 Cheaspeake Ave;

3. Skip Havorka, 758 Pint Lane;

4. Lynette Harx?, 229 Commons Lane;

5. Oscar Allen;

6. Phyllis McArthur, 1415 Marlin Ave;

7. Jade Stucker, 1000 Foster City Blvd;

8. Angela Stucker, 1000 Foster City Blvd;

9. Jayce Stucker, 1000 Foster City Blvd;

10.Antonia Moore, 1919 Alameda de las Pulgas, SM;

11.Allison Barnard, 1425 Alvarado Ave, Burlingame;

12.Isabel Oprhonopoulos, 1105 Bounty;

13.Evan Adams, 105 Flying Mist Isle; and

14.Kandy O’Mara.

The following people addressed the City Council via teleconference:

1. Susan Rowinski, City of San Mateo Sustainability and Infrastructure Commissioner;

2. Doreen Frega;

3. John Epperson, Board of Director of Sequoia Audobon Society;

4. Jack Gescheidt, Founder of TreeSpirit Project and Consultant of In Defense of Animals Coaltion;

5. Geesebusters;
11 6. Arlene Steinberg, Waterfowl Community Liaison;

7. Dawn Moore; and

8. Erin Rod.

Discussion ensued.

Chris Rudnicki, provider of geese control services, addressed the City Council.

Motion by Councilmember Gehani, seconded by Councilmember Hindi, and carried, 4-0- 1, Councilmember Sullivan abstained, adopting Minute Order No. 1863, receiving and accepting the Canada Goose Population Management Plan Update – progress update on Mitigation Strategies and Permits and directing staff to pursue the Migratory Bird Depredation Permit 3-200-13 that is issued by U.S Fish and Wildlife Service (USFWS) allowing for the culling of up to one hundred (100) geese.

RECESS. The meeting recessed at 9:07 p.m. and reconvened at 9:26 p.m.

LEVEE IMPROVEMENTS PROJECT (CIP 327-657) - MONTHLY GENERAL UPDATE.

MINUTE ORDER NO. 1864.

Public Works Director Sun presented the staff report.

Discussion ensued.

Motion by Councilmember Sullivan, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting Minute Order No. 1862, receiving and accepting the Levee Improvements Project (CIP 327-657) - Monthly General Update.

RESOLUTIONS FOR ADOPTION
POLICY FOR REQUESTING TO ADD ITEMS TO A FUTURE AGENDA.

Interim Principal Management Analyst Paping presented the staff report.

Discussion ensued.

Motion by Vice Mayor/Vice President Froomin, seconded by Councilmember/Director Gehani, and failed, 2-3-0, Mayor/President Awasthi and Councilmember/Director Hindi and Councilmember/Director Sullivan voted “no”, to adopt “A Resolution of the City Council of the City of Foster City Adopting a Policy for Requesting to Add Items to a Future Agenda” and “A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting a Policy for Requesting to Add Items to a Future Agenda”.

COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
12 City/District Warrants of Demands were processed and issued on June 15, 2022, June 30, 2022 and July 5, 2022 and ACH were processed on July 5, 2022.

COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,

AND CITY/DISTRICT MANAGER REPORTS
City/District Manager Chatwin stated that the Traffic Review Committee recruitment will be reopened and encouraged everyone to apply at fostercity.org/committeeapplication.

He announced that the Deputy City Manager and Principal Management Analyst positions in the City Manager’s office are now permanent. He mentioned organizational updates will be presented in the future.

Councilmember/Director Sullivan stated he attended the City/County Association of Governments (C/CAG) Congestion Management & Environmental Quality (CMEQ) Committee meeting on June 27, Pancake Breakfast on July 4, and Infrastructure/Facilities Subcommittee meeting on July 12. He stated the San Mateo-Foster City School District Board meeting and the San Mateo Union High School District Board did not take place in July. He also stated he met with City Manager Chatwin on July 13 and attended the Summer Concert on July 15. He thanked everyone for their support.

Councilmember/Director Gehani congratulated Deputy City Manager Phan and Principal Management Analyst Paping. He made a request to see if there is interest to agendize banning the sale of flavored tobacco and vapes. He received support from Vice Mayor Froomin and Councilmember Sullivan and requested that this item be added to the August 15 meeting agenda.

Councilmember/Director Hindi congratulated Deputy City Manager Phan and Principal Management Analyst Paping. He stated he attended the Gilead Sciences Wellbeing Center and Park opening celebration on June 22 and congratulated Gilead on their 35 th Anniversary.

Vice Mayor/Vice President Froomin welcomed City Manager Chatwin and congratulated Deputy City Manager Phan and Principal Management Analyst Paping.

Mayor/President Awasthi stated she attended Gilead Sciences Wellbeing Center and Park opening celebration on June 22, Council of Cities dinner hosted by the City of East Palo Alto with Councilmembers Hindi and Sullivan on June 24, the Foster City Rotary Club presentation of State of the City on June 29, and the July 4th Celebration. On July 12, she attended the Infrastructure/Facilities Subcommittee meeting and requested that the Recreation Center process be expedited. She also attended the San Mateo Consolidated Fire Board meeting on July 13, City/County Association of Governments (C/CAG) Board meeting on July 14, and introduced the first Summer Concert series on July 15. She recognized and thanked the Parks and Recreation staff for their hard work.

She stated that on July 9 and July 16 she was a speaker and trainer for the San Mateo County API Caucus internship program. She congratulated Deputy City Manager Phan and Principal Management Analyst Paping and thanked them for their consistency and 13 professionalism. She also requested that the economic development planning is expedited.

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

1. Conference with Real Property Negotiators (Government Code Section 54956.8) Property: Mariner's Point Golf and Practice Center (APN 094-130-010) Agency Negotiators: Stefan Chatwin and Benjamin Stock
Negotiating Parties: VB Golf, LLC
Under Negotiation: Price and Terms of Lease

2. Conference with City Labor Negotiators (Pursuant to Government Code Section 54957.6(a))
Agency designated representatives: Stefan Chatwin, Maria Saguisag-Sid Employee Organizations: American Federation of State, County and Municipal Employees (AFSCME), Foster City Police Officers Association (FCPOA) and Management Employees
Unrepresented employee: Deputy City Clerk, Police Records Supervisor, and Human Resources Technician; and

3. Report Out from Closed Session.

Meeting recessed into Closed Session at 10:35 p.m. and reconvened at 11:25 p.m.

City Attorney Stock reported that no action was taken in Closed Session.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 11:25 p.m.
14 DATE: August 1, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Louis Sun, Public Works Director

SUBJECT: DYNAMIC SIGNAGE FOR TRAFFIC RELIEF PILOT PROGRAM (CIP 301-694) - NOTICE OF COMPLETION

RECOMMENDATION

It is recommended that the City Council approve the attached resolution accepting the work performed by Mike Brown Electric Co. for the construction of Dynamic Signage for Traffic Relief Pilot Program (CIP 301-694) and directing the City Clerk to file the Notice of Completion.

EXECUTIVE SUMMARY

CIP 301-694 consists of the installation of dynamic signage at East Hillsdale Boulevard/Edgewater Boulevard and East Hillsdale Boulevard/Shell Boulevard, which will be activated from 4:00 PM–7:00 PM, Monday to Friday, and modification of the existing traffic signal systems to accommodate the dynamic signage installation. The work has been completed in conformance with the contract documents. It is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion.

BACKGROUND

City Resolution No. 2021-152, adopted on October 18, 2021 approved the execution of a construction contract with Mike Brown Electric Co. (Mike Brown) in the amount of $148,500.00 for CIP 301-694 and established a 15 project contingency of $23,000.00. Construction began in January 2022, was substantially completed on March 22, 2022, and the contractor has completed all punch list items of work.

ANALYSIS

The construction work consisted of the relocation of existing underground infrastructure along the medians, installation of new conductors and conduits from the new poles to the traffic signal cabinet, and installation of the City- furnished poles and dynamic signage.

CCO #1 was authorized to pay for unforeseen conditions that were identified during construction and adjusted the final quantities in the original contract to reflect actual quantities constructed.

Design was performed by Traffic Patterns, and the majority of the day-to-day construction management and inspection services were performed by City staff.

A press release was issued on March 7, 2022, and the dynamic signage at both intersections went live on Monday, March 21, 2022. The East Hillsdale Boulevard/Shell Boulevard intersection has been operating smoothly, with motorists adjusting to the left turn restriction. Staff has been actively monitoring the East Hillsdale Boulevard/Edgewater Boulevard intersection for the past few months, as it has taken more time for motorists to adapt to the left turn restriction at this intersection due to the configuration of the lanes at this location. Staff has observed that the latest modification, to remove the U- turn option, has resulted in the highest rate of motorist compliance to date.

Given that Mike Brown Electric has completed its work in conformance with the contract documents. It is recommended that the City Council accept the work and direct the City Clerk to file the Notice of Completion.

FISCAL IMPACT

The following is the project expenditure summary to date:

Project Budget
CIP 301-694 (FY 2019-2020) $ 225,000.00
Additional Funding (FY 2020-2021) $ 250,000.00
Total Approved Budget $ 475,000.00
16 Construction Contract Expenses
Contract Agreement with Mike Brown $ 148,500.00
CCO #1 – Quantities Adjustment Change Order $ 5,992.52 Total Construction Contract Expense $ 154,492.52

Other Project Related Expenses
Design Consultant – Signage $ 31,500.00
Design Consultant – Construction Inspections $ 7,225.00 City-Furnished Dynamic Signage (National Sign) $ 28,044.00 City-Furnished Poles (JAM Services) $ 31,325.00
Miscellaneous (advertising, USA markings, etc.) $ 21,222.75 Total Other Project Related Expenses $ 119,316.75

Total Project Expenses to date $ 273,809.27

Project Budget Balance $ 201,190.73

The contract work has been completed and the Notice of Completion can now be filed. Tonight’s action will establish the official date of completion of the work performed by Mike Brown Electric, formalizing the City’s acceptance of the contract work and allowing final payment to the contractor be made, and encumbered funds for construction released back to the project fund.

Any future recommendations (including potential improvements) that may result from the ongoing monitoring and study of the intersection will be brought to a future City Council meeting. The cost of any such improvements will be funded with the balance of the project funds. If there is remaining project budget balance at project close-out, it will be returned to the appropriate originating fund (General Fund and SB1).

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This project aligns with the City Council’s Value/Priority Area of “City Council Operations and Improved Community Engagement” in that this project stemmed from a Community Dialogue Series hosted by the City in October 2017, where concerns with cut-through traffic on East Hillsdale Boulevard from US-101 connecting to SR-92 in the afternoon commute hours was a major topic raised by the residents, which ultimately led to the Temporary Traffic Relief Pilot Program. This project is the permanent implementation of the Program.
17 Attachments:
 Attachment 1 - City Resolution
 Attachment 2 - Notice of Completion
18 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ACCEPTING THE WORK BY MIKE BROWN ELECTRIC CO. FOR THE DYNAMIC SIGNAGE FOR TRAFFIC RELIEF PILOT PROGRAM (CIP 301-694) AND DIRECTING

THE CITY CLERK TO FILE THE NOTICE OF COMPLETION

CITY OF FOSTER CITY
WHEREAS, the Public Works Director/City Engineer has filed with the City Clerk the Notice of Completion for the work known as the Dynamic Signage for Traffic Relief Pilot Program (CIP 301-694) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the City of Foster City and Mike Brown Electric Co. dated October 18, 2021; and
WHEREAS, the Public Works Director/City Engineer and Mike Brown Electric Co. have executed Document 00 6530 – Agreement and Release of Any and All Claims, as required by the agreement; and
WHEREAS, Mike Brown Electric Co. have executed Document 00 6536 – Guaranty, as required by the agreement, and
WHEREAS, it appears to the satisfaction of the City Council that said work has been completed in an acceptable manner.

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

1. The acceptance of said work subject to reservation of all City's rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to City; and

2. The City Clerk to notarize and file for record with the County Recorder of the County of San Mateo after execution of Document 00 6530 – Agreement and Release of Any and All Claims, the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and Public Works Director/City Engineer; and

3. The City Clerk to notify Mike Brown Electric Co. that the Construction Performance Bond No. 070215298 from Liberty Mutual Insurance Company may be released one year following the recordation of the Notice of Completion; and
19 4. The City Clerk to release the Labor and Material Bond No. 070215298 from Liberty Mutual Insurance Company, thirty-five (35) days after the date of recording of the Notice of Completion if no claims or Stop Notices have been received.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

RICHA AWASTHI, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK
20 C:\Users\USERTO~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E00C1073\@[email protected]

NOTICE OF COMPLETION

DYNAMIC SIGNAGE FOR TRAFFIC RELIEF PILOT PROGRAM PROJECT (CIP 301-694)

CITY OF FOSTER CITY

NOTICE IS HEREBY GIVEN that Mike Brown Electric Co. entered into a contract dated the 18th day of October 2021 for the construction of certain improvements in the City of Foster City, situated in San Mateo County, California. Said c onstruction is known as the Dynamic Signage for Traffic Relief Pilot Program Project (CIP 301-694) and consists of the installation of dynamic signag e at E. Hillsdale Boulevard at Edgewater Boulevard and E. Hillsdale Boulevard at Shell Boulevard, and modification of the existing traffic signal systems to accommodate the dynamic signage installation.

That said work is locate d in the City of Foster City, situated in San Mateo County, California, and was completed on the 22nd day of March 2022.

That acceptance of said work was ordered by resolution of the City of Foster City adopted on the 1st day of August 2022.

That the name and bond number of the surety of the contractor's bond for Labor and Materials on said project is Liberty Mutual Insurance Company and Labor and Material Bond No. 070215298.

That said work and improvements consisted of t he furnishing of all labor, materials, tools, equipment, services, a nd incidentals required to undertake and com plete the Dynamic Signage for Traffic Relief Pilot Program Project (CIP 301 -694), all in accordance with the contract documents as required by the City of Foster City and more particularly described in the agreement appr oved by the City Co uncil of the City of Foster City pu rsuant to City Resolution No . 2021-152 adopted on the 18th of October 2021, subject to reservation of all City rights arising from the contract documents and further, any defective workmanship and/or ma terials not observed du ring construction being thereafter discovered and known to the City.

DATED: ___________________ _______________________________________ Louis Sun
Public Works Director/City Engineer
City of Foster City
Louis Sun (Jul 25, 2022 08:30 PDT)
Jul 25, 2022
21 DATE: August 1, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Louis Sun, Public Works Director

SUBJECT: RESOLUTION AUTHORIZING A TRANSFER OF $327,945.50 FROM FUND 501 TO CIP 301-700 AND APPROVING A

REQUEST FOR PROPOSALS FOR PROFESSIONAL

ENGINEERING DESIGN SERVICES ASSOCIATED WITH FUEL
SYSTEMS IMPROVEMENTS PROJECT (CIP 301-700)

RECOMMENDATION

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

1. The transfer of $327,945.50 from the Vehicle Replacement Fund 501 to the Capital Improvement Project Fund 301 and appropriation in CIP 301-700 Account No. 301-0910-700-4251; and

2. The issuance of a Request for Proposals (RFP) for professional engineering design services associated with Fuel Systems Improvements Project (CIP 301-700).

EXECUTIVE SUMMARY

The City’s unleaded and diesel fuel systems are at the end of their useful lives and staff recommends replacing due to safety, regulatory compliance, and environmental concerns.

City consultant Tait Environmental Services, Inc., has performed a condition assessment and conceptual engineering study of the fuel systems and 22 developed a Technical Memorandum outlining recommendations for improvements. At this time, further services are required to prepare the construction contract documents and provide construction support services to complete the project.

The FY 2021-2022 Capital Improvement Plan included $250,000 and $2,500,000 was added in the FY 2022-2023 Capital Improvement Plan for design and construction of this project. Finally, funding in the amount of $327,945.50 has accumulated in the Vehicle Maintenance Fund 501 toward the replacement of unleaded and diesel systems and is recommended to be transferred to CIP 301-700.

BACKGROUND

The City has an unleaded fuel system and a diesel fuel system that provide fuel for the vehicles and equipment owned by the City and EMID, the lagoon pump station day tank, two lagoon pump engines, the emergency generator serving the Corporation Yard buildings and Lift Station 59.

1. Two 10,000 gallon underground unleaded fuel storage tanks (UGSTs), at the Corporation Yard entrance.

2. Two 5,000 gallon above ground diesel fuel storage tanks (AGSTs) in a covered, concrete vault immediately adjacent to and west of the lagoon pump station building.

3. One 210-gallon day tank for diesel fuel, located inside the lagoon pump station building.

4. One 1,000 gallon underground diesel fuel storage tank at East Hillsdale and Edgewater Boulevards, which provides power to the emergency generator at Lift Station No. 29 and traffic signal at the intersection.

These four existing fuel systems are at the end of their useful lives and staff has safety, regulatory compliance, and environmental concerns about the existing equipment. In addition to the tanks, the unleaded and diesel fuel dispensers will also be replaced as parts are not readily available and the 30- year old software system is outdated. Funding in the amount of $327,945.50 has accumulated in the Vehicle Maintenance Fund 501 toward the replacement of the unleaded and diesel systems associated with the vehicle fleet (items 1 and 2 above).

Staff received three (3) proposals to perform a condition assessment and conceptual engineering study of the fuel systems from three firms that 23 specialize in the design of fuel systems. An evaluation committee consisting of staff members from the Public Works Engineering and Maintenance Divisions reviewed the proposals. After the qualification-based selection process, Tait was determined to be the most qualified firm for the project.

Tait completed a detailed analysis of the existing facilities, and a conceptual engineering study assessment of the City’s fuel systems in January 2022, and developed a Technical Memorandum outlining recommendations for improvements including alternative designs, an analysis of vehicle circulation patterns, and regulatory requirements to develop a final scope and budget for the design and construction of the project.

The FY 2021-2022 Capital Improvement Plan included $250,000 and $2,500,000 was added in the FY 2022-2023 Capital Improvement Plan for design and construction of this project. Finally, funding in the amount of $327,945.50 has accumulated in the Vehicle Maintenance Fund 501 toward the replacement of unleaded and diesel systems and is recommended to be transferred to CIP 301-700.

ANALYSIS

Staff has selected a conceptual design for the project based upon the Technical Memorandum recommendations provided by Tait. Because the Conceptual Design was under $50,000, an informal bid process was used to select the consultant for that work. It is anticipated that services now required to fully design the selected project alternatives will exceed the City Manager’s purchasing authority of $50,000. Therefore, it is necessary for the City Council to issue the RFP for this work. Given that this is a fairly specialized field, it is unknown whether there will be broad interest, but Staff will alert potential proposers to the availability of the RFP.

FISCAL IMPACT

There is no cost to issue the RFP. It is anticipated that the cost for the agreement will be over the $50,000 purchasing authority of the City Manager. The agreement will be brought back to the City Council to award in September 2022. After the design phase, preliminary estimates for the construction phase of the project will be provided when the construction contract Call for Bids is brought to the City Council/EMID Board for approval.

Approval of the resolution will also authorize the transfer of $327,945.50 that 24 has been accumulated and is available for the replacement of the fuel system in the Vehicle Replacement Fund 501 to CIP 301-700 Account No. 301-0910- 700-4251.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

This item is in alignment with the Facilities and Infrastructure Value/Priority Area, since it is a phase in the replacement of a system that is essential to the efficient operation of the City/District.

Attachments:
 Attachment 1 - City Resolution
 Attachment 2 - Request for Proposals
25 RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF FOSTER CITY AUTHORIZING A TRANSFER OF $327,945.50 FROM FUND 501 TO CIP 301-700 AND APPROVING THE

ISSUANCE OF A REQUEST FOR PROPOSALS FOR PROFESSIONAL ENGINEERING

DESIGN SERVICES ASSOCIATED WITH FUEL SYSTEMS IMPROVEMENT PROJECT (CIP 301-700)

CITY OF FOSTER CITY
WHEREAS, the City’s unleaded and diesel fuel systems are at the end of their useful lives and should be replaced due to safety, regulatory compliance, and environmental concerns; and
WHEREAS, Tait Environmental Services, Inc., performed a condition assessment and conceptual engineering study and developed a Technical Memorandum outlining recommendations for improvements; and
WHEREAS, based on the Technical Memorandum, staff has selected a design alternative and recommends engaging a Professional Design Consultant to prepare the design documents; and
WHEREAS, the anticipated cost of design requires City Council to authorize the issuance of the Request for Proposal; and
WHEREAS, funding for CIP 301-700 was appropriated in FY 2021-2022, additional funding is proposed for FY 2022-2023 and funding in the amount of $327,945.50 has accumulated in the Vehicle Maintenance Fund 501 for the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

1. The transfer of $327,945.50 from the Vehicle Replacement Fund 501 to the Capital Improvement Project Fund 301 and appropriation in CIP 301-700 Account Number 301-0910-700-4251; and

2. The issuance of a Request for Proposals for professional engineering services for CIP 301-700 Fuel Systems Improvements (2021-2022).
26 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
27 CITY OF FOSTER CITY
RE

QUEST FOR PROPOSAL
PR

OFESSIONAL DESIGN SERVICES FOR FUEL SYSTEMS IMPROVEMENTS PROJECT (CIP 301-700)
PR
OPOSAL SUBMITTAL DEADLINE: TUESDAY, AUGUST 16, 2022, at 2:00 PM RE
TURN PROPOSAL TO:

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

Foster City, CA 94404
Attachment 2
28 INDEX

SECTION

I. INTRODUCTION

II. GENERAL INFORMATION

III. PROPOSAL REQUIREMENTS

IV. PROPOSAL SUBMITTAL REQUIREMENTS

V. CONSULTANT SELECTION PROCESS

VI. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE AND

MANAGEMENT AND PROJECT CONTROLS

VII. STANDARD PROFESSIONAL SERVICES AGREEMENT AND INSURANCE

REQUIREMENTS

ATTACHMENTS

A. STANDARD PROFESSIONAL SERVICES AGREEMENT
B. TAIT ENVIRONMENTAL SERVICES, INC. CONCEPTUAL DESIGN FOR CIP 301-700 FUEL SYSTEMS IMPROVEMENT PROJECT

29 Request for Proposal

REQUEST FOR PROPOSAL

PROFESSIONAL DESIGN SERVICES FOR FUEL SYSTEMS IMPROVEMENTS PROJECT (CIP 301-700)

SECTION I. INTRODUCTION

The City of Foster City (CITY) is seeking a qualified consulting firm to provide professional design services for Fuel Systems Improvements Project (CIP 301-700). To that end, the CITY 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, August 11, 2022, at 5:00 pm. The CITY will consider proposals received on or before the proposal submittal deadline of Tuesday, August 16, 2022, at 2:00 pm.

SECTION II. GENERAL INFORMATION

Consultant shall provide a proposal for professional design services for Fuel Systems Improvements Project (CIP 301-700) as described below.

CITY is searching for consultant with extensive experience in designing new fuel tanks and dispensing systems of the type that are considered for the Foster City Corporation Yard. The City has an unleaded fuel system and a diesel fuel system that provide fuel for the vehicles and equipment owned by the City and EMID, the lagoon pump station day tank, two lagoon pump engines, the emergency generator serving the Corporation Yard buildings and Lift Station 59.

1. Two 10,000 gallon underground unleaded fuel storage tanks (UGSTs), at the Corporation Yard entrance.

2. Two 5,000 gallon above ground diesel fuel storage tanks (AGSTs) in a covered, concrete vault immediately adjacent to and west of the lagoon pump station building.

3. One 210- gallon day tank for diesel fuel, located inside the lagoon pump station building.

4. One 1,000 gallon underground diesel fuel storage tank at East Hillsdale and Edgewater Boulevards, which provides power to the emergency generator at Lift Station No. 29 and traffic signal at the intersection.

After completing a Conceptual Design process, the CITY has selected a preferred option for replacing these existing systems and is now looking for design of that option. The Conceptual Design is Attachment 2 to this document.

30 Request for Proposal

Staff anticipates recommending approval of the award of an agreement for professional design services to the City Council on September 19, 2022.

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

SECTION III. PROPOSAL REQUIREMENTS

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

Submit questions regarding the request for proposal, to the Public Works Director, Mr.

Louis Sun at [email protected]
on or before Thursday, August 11, 2022, at 5:00 pm.

The proposal shall be comprised of one electronic copy containing sections A, B, C, D, E, F, G, H and I described below.

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

Proposal Components

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 CITY, if selected, and is authorized to contractually bind the firm.

31 Request for Proposal

B. Executive Summary

Consultant shall provide an executive summary. The executive summary shall include a statement that Consultant reviewed the draft scope of services and is able to provide the required professional services. The summary shall briefly summarize those Consultant qualifications and experience, contained in the proposal, which best highlights its ability to successfully deliver the work.

C. Project Approach

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

1) Clearly specifying the scope of work; not to exceed amount; and schedule for the work that will be included in the contract for professional design services.
2) Monitoring and controlling the scope of work, communicating potential scope of work changes prior to performing that work, and managing changes in scope of work.
3) Monitoring and controlling costs of professional 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 CITY resources required to review the submittal.
7) Responsiveness to CITY Staff.
8) Facilitating communications.
9) No substituting of staff listed in the proposal and adding staff not listed in the proposal.

D. Proposal Schedule

The purpose of the proposal schedule is to ensure Consultant completes work in a timely manner and to ensure that labor p rojections are consistent with the proposal schedule.

Consultant shall prepare a schedule for the work described Section VI, 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 Section VI, Draft Sc ope 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.

32 Request for Proposal

The proposal schedule shall have the sufficient details to achieve the above goals.

CITY will request additional detail from the highest ranked consultant which will be incorporated into the Professional Services Agreement.

Consultant shall use September 20, 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 scope of work described in the Draft Scope of Service that is consistent with the schedule created as part of Section D above.

Provide descriptions of assumptions made in developing the labor hours.

F. Consultant Information

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

1) Legal name of firm.
2) Type of organization (partnership, corporation, etc.) and where incorporated, if applicable.
3) Firm’s Officers.
4) Date firm was established.
5) Address of firm’s headquarters.
6) Current number of people employed by the firm.
7) Name of consultant’s parent company, if any.
8) Name of consultant’s subsidiaries, wholly 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 33 Request for Proposal

Prime Consultant’s Name).
5) Description of professional design service provided. 6) Cost Control for professional design services: Describe the original and final contract amount and reasons for differences, if any. 7) Schedule Control for professional design services Contract: Original start date, actual start date, original end date, actual end date, description of reasons for differences. For dates, provide month and year. 8) Project Manager and other key personnel involved.
9) Sub-consultants on the proposed team that worked on the project, if any. 10) Contact information for the project owner.

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

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

CITY will contact Project Owners to discuss th e 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

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

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

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

Provide its address, its general phone number, and the name of the principal(s) overseeing proposed staff at the office. Identify the proposed team members working at the office and their roles.
3) Project Manager. Provide the qualifications and experience of the Project Manager, his/her current commitments to other projects to confirm 34 Request for Proposal

Consultant's ability to commit resources to the work, and not less than three (3) references for the Project Manager.
4) Other Key Personnel. Provide the qualifications and experience of the Other Key Personnel; their current commitments to other projects to confirm Consultant's ability to commit resources to the work; and not less than three (3) reference for each person who is identified as Other Key Personnel. 5) Other Team Members. Provide the qualifications and experience of the Other Team Members.

CITY 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.

I. Consultant Fee Schedule and Reimbursable Expenses

Provide 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. C ITY and the selected Consultant will endeavor to negotiate a consulting agreement which contains a not -to-exceed amount for professional services, reimbursable expenses, additional services, supplies, materials, and equipment.

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

SECTION IV. PROPOSAL SUBMITTAL REQUIREMENTS

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

A. CITY will only consider proposals received by CITY at or before the proposal submittal deadline of Tuesday, August 16, 2022, at 2:00 pm.

B. Consultant shall submit proposals to the following address:

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

Foster City, CA 94404

C. For e-mailed proposals, CITY encourages each Consultant to confirm that its 35 Request for Proposal

proposal was received by CITY at or before the proposal submittal deadline.

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

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

SECTION V. CONSULTANT SELECTION PROCESS

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

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

Principal criteria used to evaluate Consultants will include the following:

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

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. b. Consultant’s understanding of work.
c. Consultant’s approach to the work.

4) References

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

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

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

SECTION VI. DRAFT SCOPE OF SERVICES

A. Scope of Services:

Following is a draft scope of services. A finalized 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 Fuel Systems Improvements Project (CIP 301-700) identified herein and shall be used as the basis of negotiations. In addition, Consultant shall agree to perform the management and project controls specified in the Draft Scope of Services.

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

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

1. Description of Project

1.1 Based upon the City-Approved Conceptual Design Study that Tait Environmental Services completed in January 2022, prepare permit/construction packages for the three following alternates:

• Alternate 3 – Involves the installation of two (2) 10,000 gallon Unleaded Aboveground Storage Tanks (ASTs) located northwest of the existing Unleaded Underground Storage Tanks (USTs)and fuel dispensing island. The system will be equipped with two (2) ground mounted dispensers and a canopy over the fueling area.

37 Request for Proposal

• Alternate 3A – Involves the removal of the existing Unleaded USTs and fuel dispensing island. This project will be performed after the new AST -based systems (Task 1) are fully functional.

• Alternate 4 – Involves the installation of one (1) 10,000 gallon diesel fuel AST located northwest of the Lagoon Pump Station. The system will include new underground piping across the yard to a new day tank to serve the lagoon pump engines. It will include an upgrade of the existing diesel fuel island adjacent to the driveway, with new underground piping across the yard to a new dispenser on the existing island. This area will include a canopy over the fueling area. The two (2) existing 5,000- gallon diesel fu el ASTs will be removed after the new AST-based systems are fully functional.

1.2 Prepare the construction package(s) in a way that separates the tank removal plans from the AST installation plans and in a way that will be acceptable to all permitting agencies.

1.3 The three alternates are understood to be separated by the Foster City lagoon and, thus, will require different stormwater controls and mitigation measures.

1.4 The ASTs will be equipped with tank mounted fill boxes, new dispensers, new monitor system, associated electrical, card reader, new canopy over the fueling area, and the required civil engineering, including but not limited to stormwater mitigation measures, topographical survey, grading, AST foundation and seismic anchoring.

2 Basic Services:

The general scope of work is described below.

2.1 Task 1 – Construction Documents/Design Phase Services for Alternate 3 (AST installation) and Alternate 4 (AST installation)
• Attend Pre-Design project kick off meeting, on-site.
• Site plan with installation scope of work described. CIP 301-700 Fuel Systems Improvements will be dimensionally located from on- site points (to be determined).
• Tank cross-section detail sheet, with equipment details and list of materials. • Dispenser & piping details sheet, with equipment details and list of materials. • Misc. detail sheet as required for a complete construction document set. • Monitoring system details, including list of materials. • Electrical plans and details, including Title 24 calculations for the canopy lighting. (sub-contracted labor – local electrical engineer) • Spill Prevention, Control & Countermeasures (SPCC) Plan. (sub -contracted labor)
• Civil engineering and plans, including engineer stamp and signature. o Topographic survey of the area for the new fuel systems 38 Request for Proposal

o Utility Research
o Dimensional Control Plan
o AST Foundation & Anchoring
o Grading Plan
o Water Quality Control Plan
o Demo Plan
o Erosion Control Plan
o Stormwater Management Report
o Meetings & Coordination
o Construction Administration (submittal review & RFI’s associated with civil work)
• Project management, meetings & coordination. Progress design meetings as required.
• Construction Document deliverables will be prepared and submitted at approximately 50%, 90%, and 100% progress, or in accordance with City requirements.

2.2 Task 2 – Construction Documents/Design Phase Services for Alternate 3A (UST removal) and Alternate 4 (AST removal)
• Site plan with tank removal scope of work described.
• Civil engineering and plans, including engineer stamp and signature o Topographic survey of the tank removal areas
o Utility Research
o Grading Plan
o Demo Plan
o Erosion Control Plan
o Construction Administration (submittal review & RFI’s associated with civil work)
• Project management, meetings & coordination. Progress desi gn meetings as required (assumed 2 phone calls or virtual meetings).
• Construction Document deliverables will be prepared and submitted at approximately 50%, 90%, and 100% progress, or in accordance with City requirements.

2.3 Task 3 – Permitting Phase Services
• File for and obtain permits &/or approvals of the new fuel system from:
o BAAQMD (Phase I vapor recovery system only. No Phase II required, due to ORVR exemption)
o City Planning Dept. (administrative approval only)
o City Building Dept. (electrical, AST foundation & anchorage, site work) o City Fire Dept. (AST removal & installation)

2.4 Task 4 – Construction Phase Services
• Assist City with evaluation of contractor bids.
• Review of contractor submittals.
• Response to contractor RFI’s related to the fuel system construction. 39 Request for Proposal

• Perform periodic site inspections at appropriate times (assumed 4) and provide progress reports.
• Prepare punch list of items requiring repair, modification, or completion at pre- final construction phase.
• Provide support as required during fuel system commissioning. • Prepare as-built record plans based on contractor red-lines.

2.5 The following tasks are specifically excluded from the scope of work:
• Geotechnical Soils Report (to be provided by City, if required) • City Planning Department special permitting (design review, special use permits)
• ADA upgrades to existing facilities
• Sub-surface utility location services
• Phase II Vapor Recovery design (ORVR exempt)
• Canopy engineering, plans & permitting (provided by awarded contractor) • Offsite work
• LID / SUSMP
• Utility Plans
• SWPPP / NOI

SECTION VII. STANDARD PROFESSIONAL SERVICES AGREEMENT AND

INSURANCE REQUIREMENTS

The standard professional services agree ment is attached as Attachment A. The selected Consultant should be prepared to sign and comply with all requirements therein.

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

40 Request for Proposal

ATTACHMENTS

A. STANDARD PROFESSIONAL SERVICES AGREEMENT
B. TAIT ENVIRONMENTAL SERVICES, INC. CONCEPTUAL DESIGN FOR CIP 301-700 FUEL SYSTEMS IMPROVEMENT PROJECT

(Start on next page)

41 CIP 301-700 Fuel Systems Improvements 1

PROFESSIONAL SERVICES AGREEMENT
FOR

PROFESSIONAL ENGINEERING DESIGN SERVICES ASSOCIATED WITH FUEL SYSTEMS IMPROVEMENTS (CIP 301-700)

This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City hereinafter cal led "CITY " and ____________________ hereinafter called "CONSULTANT".

RECITALS

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

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;

WHEREAS, CONSULTANT is qualified to provide such services to the CITY and;

NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. ( c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written 42 CIP 301-700 Fuel Systems Improvements 2

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

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

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

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items bill ed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A , SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this 43 CIP 301-700 Fuel Systems Improvements 3

Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

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

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

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

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

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

44 CIP 301-700 Fuel Systems Improvements 4

CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the ob ligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

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

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City ’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the mea ns, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically ident ified in this Agreement as CITY’s responsibility.

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

CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule. 45 CIP 301-700 Fuel Systems Improvements 5

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsul tants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of , pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.

CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C . In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any 46 CIP 301-700 Fuel Systems Improvements 6

sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

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

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

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Louis Sun, Public Works Director

47 CIP 301-700 Fuel Systems Improvements 7

CONSULTANT: Consultant Name
Consultant Address
Consultant Address
Attn:

Consultant Phone
Consultant Email

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

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

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

19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules . Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

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

21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not 48 CIP 301-700 Fuel Systems Improvements 8

limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability of CITY.

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

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

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

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

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

24. Force Majeure. Excep t for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure 49 CIP 301-700 Fuel Systems Improvements 9

to reasonably mitigate any adverse impacts (Force Majeure) . Force Majeure events include the following:

Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID -19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

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

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

CITY OF FOSTER CITY

Dated: _________________________________ Richa Awasthi, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

CONSULTANT

Dated:

Consultant Name/Title

50 CIP 301-700 Fuel Systems Improvements 10

EXHIBIT A

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

DELIVERABLES FOR

PROFESSIONAL ENGINEERING DESIGN SERVICES ASSOCIATED WITH FUEL SYSTEMS IMPROVEMENTS PROJECT (CIP 301-700)

SERVICES TO BE PROVIDED

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

1. Description of the Project:

1.1 DESCRIPTION: Description of Project

2. Basic Services:

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

2.1 Task 1 – Description of Task 1

2.2 Task 2 – Description of Task 2

2.3 Task 3 – Description of Task 3

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:

Maximum Payment Amount

2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES: List Methods of Payment

3. TIMES OF PAYMENTS. List Times of Payments

PROJECTS AND SCHEDULE

List Project Schedule

DELIVERABLES

CONSULTANT’s deliverables under the Agreement are enunciated throughout the Professional Services Agreement and include but are not limited to the following:

1. PROJECT DELIVERABLES

1.1 DELIVERABLES: List of Deliverables

1.2 OTHER:

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

2.1 SERVICES: List of Services

END OF EXHIBIT A

51 CIP 301-700 Fuel Systems Improvements 11

EXHIBIT B

FEE SCHEDULE

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

52 CIP 301-700 Fuel Systems Improvements 12

EXHIBIT C

INSURANCE FORMS

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

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

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

1.1 Insurance Requirements

Commercial General Liability Insurance

Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products -Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) aggregate.

*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “ City of Foster City , its Council members, officials, agents, officers, and employees”.
53 CIP 301-700 Fuel Systems Improvements 13

☒ Business Automobile Liability Insurance

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

☒ Workers' Compensation Insurance

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

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

☒ Professional Liability Insurance

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

1.2 Self-Insured Retention

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

1.3 Claims-Made Basis Coverage

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

2. City as Additional Insured

On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.

54 CIP 301-700 Fuel Systems Improvements 14

3. Insurance terms and conditions:

3.1 Cancellation of Insurance

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

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

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

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

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

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

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

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

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

55 CIP 301-700 Fuel Systems Improvements 15

3.8 City may (but is under no obligation to) secure project -specific insurance, wrap- up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project -specific insurance, wrap- up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

56 CIP 301-700 Fuel Systems Improvements 16

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

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

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

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

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

Other:

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

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

Professional Liability:

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

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

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

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

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

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER

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

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required)

ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

57 CIP 301-700 Fuel Systems Improvements 17

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

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

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

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

C. A “ COVID-19 Proclamation ” includes but is not limited to orders, directives and guidance concerning COVID -19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without lim itation 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 f or 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 pr oposal are not Unknown COVID -19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID - 19 Condition; (ii) is reasonable and unav oidable 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 connecti on 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.

58 CIP 301-700 Fuel Systems Improvements 18

5. City Directed Suspension. The City may suspend Services due to COVID -19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID -19 Proclamations.

The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.

7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID -19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

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

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

CONSULTANT: CITY:

________________________ ____________________________
Signature Signature

________________________ ______________________________ Print Name & Title Print Name & Title
59 1

Introduction
TAIT Company Summary

TAIT & Associates, Inc. began 57 years ago as a consulting engineering firm dedicated to quality design. TAIT & Associates, Inc. offers engineering services throughout the Western United States. Today, TAIT’s environmental subsidiary called TAIT Environmental Services, Inc. (TAIT) offers a wide array of services including fuel system design, construction, testing, compliance, and management, as well as environmental services to clients nationwide. We offer a comprehensive solutions- oriented approach to our clients’ needs. TAIT has offered fuel system design since 1964, and fuel equipment testing services since 1984.

Our core expertise is in petroleum storage tank facilities. In fact, we provide ongoing fuel system and environmental services at well over a thousand telecom, hospital, and utility sites nationwide. We take great pride in our work and understand that the operational reliability of these systems can be the difference between life and death.

Our expertise enables us to overcome our clients’ toughest challenges and has led to a remarkably high rate of repeat business with our existing client base. The TAIT team is uniquely qualified to present this work for the following reasons:
 TAIT understands the unique safe ty and operational requirements associated with both Aboveground Storage Tank (AST) and Underground Storage Tank (UST) facilities. We have recent experience at local airports, city fleet yards, and many more AST/UST facilities.
 TAIT is an ISO 9001 certified co mpany. Our core expertise is in petroleum storage tank facilities. We have extensive experience with all aspects of fuel storage and dispensing systems, and a deep understanding of the ever- changing regulatory environment affecting the design and use of these systems. We are one of the only Fueling Design Companies in Southern California with a full time Regulatory Affairs Manager who interfaces with the Local CUPA’s, local Air Quality Districts, and the local Fire Departments on a routine basis.
 TAIT is the Engineer/Fueling De signer of choice for challenging programs. We recently guided a Fortune 500 client through a California consent judgement that resulted in zero compliance deviations and the non-payment of a $2.5M 60 2
suspended penalty.
 TAIT has over 30 years of exper ience in fuel system construction and in conducting storage tank compliance testing. Tens of thousands of tests and inspections have been successfully completed at systems like those operated by Foster City.
 TAIT has UST Specialists, Construction Supervisors, Designers, Licensed Geologists, Hydrogeologists, Registered Environmental Assessors, Lead and Asbestos Consultants, Health & Safety Professionals, Professional Engineers, and Regulatory Experts on staff which continues to be a trademark of the firm.

Our unique combination of talent, scientific understanding and design philosophy has enabled TAIT to steadily grow and prosper.

 The purpose of this technical me morandum is to provide an assessment of the City’s existing fuel systems and present alternatives that will alleviate deficiencies and achieve the City’s site-specific goals. TAIT’s unique qualifications will ensure that the alternatives address the City’s needs while remaining cost-effective, and in compliance of all federal, state, and local regulations.

61 3
SECTION 1 - EXECUTIVE SUMMARY

The City has an unleaded fuel system and a diesel fuel system in its Corporation Yard.

The unleaded fuel system provides fuel for vehicles and equipment. The diesel fuel system provides fuel for vehicles, equipment, lagoon pump engines, and the Corporation Yard Emergency Generator. The unleaded fuel system was installed in the early 1990s and the diesel system was installed in the 1960s.

Unleaded Fuel System.

The existing unleaded fuel system includes two 10,000-gallon, double-walled, fiberglass USTs and two fuel dispensers, located at the Lincoln Centre Drive entrance to the Corporation Yard.

It is recommended that a new unleaded fuel system be constructed at a new location (Alternative 3) in the Corporation Yard and the existing unleaded fuel system be removed.

Based on the condition assessment, the unleaded fuel dispensers, electrical system, and piping sumps above the USTs should be replaced as they are defective and have outlasted their useful life. It is recommended that the existing USTs be replaced at the same time as the other elements because the existing USTs will be out of warranty prior to the start of construction.

Construction of a new unleaded fuel system at a different location is recommended so the new fuel system can be placed in service prior to removing the existing fuel system which will eliminate any fuel service interruptions. Otherwise, the City/EMID would be required to fuel at an off-site location or have a third-party fuel provider fuel vehicle(s) on-site.

Diesel Fuel System.

The existing diesel fuel system is located on the west side of the Lagoon Pump Station Building. The diesel fuel system includes two 5,000-gallon concrete ASTs, one fuel dispenser, and a 210-gallon day tank. The day tank provides fuel to the Lagoon Pump Engines and the Corporation Yard Emergency Generator, via an underground diesel supply line that runs across the yard.

It is recommended that a new diesel fuel system be constructed (Alternative 4). The new diesel fuel system would be comprised of (a) a new 10,000-gallon AST at a new location; (b) a new fuel dispenser at the same location as the existing fuel dispenser; and (c) a new 300-gallon day tank at the same location as the existing day tank in the Lagoon Pump Station Building. In lieu of replacing the existing fuel line between the 62 4
day tank and the Corporation Yard Emergency Generator, it is recommended that the existing fuel line be abandoned, and a new stand-alone, 6,500-gallon AST be installed for the Corporation Yard Emergency Generator as part of the Emergency Generator Replacement Project (FY 2021-2022).

NOTE: There would be a significant cost savings to include this work with the installation of Alternative 3 (if chosen by the City), to install the new 6,500-gallon (Emergency Generator Supportive) Diesel AST at this time to avoid separate planning, permitting, engineering & mobilization costs of a separate project.

The condition assessment concluded that the existing diesel fuel system should be replaced in its entirety as the entire fuel system has outlasted its useful life and the ASTs, day tank, and underground piping lack the required and/or appropriate secondary containment.

Because the new diesel fuel dispenser and day tank will be installed at or near the location of the existing dispenser and day tank, respectively, the City/EMID will likely experience short diesel fuel service interruptions. A temporary diesel fuel source will likely be required during a short period during construction. Construction related to the fuel supply to the lagoon pump engines should take place outside of the wet season.

SECTION 2 - CONDITION ASSESSMENTS

EXISTING UNLEADED FUEL SYSTEM

Description. The unleaded fuel system includes two 10,000-gallon USTs and two fuel dispensers. It is located at the entrance to the Corporation Yard on Lincoln Centre Drive. The system was installed in the early 1990s. The system has outdated fuel dispensers and an electrical system requiring replacement.

Existing Fuel Dispensers. The existing fuel dispensers (Tokheim) are no longer supported by the industry with respect to replacement parts. Certain replacement parts can be found, however any parts found would most likely be used parts and may not meet current industry standards as to their condition for continued use. Finding used parts is also a frustrating process and wastes valuable time. It is recommended that the fuel dispensers be replaced.

Existing Under Dispenser Containment (UDC). The existing UDCs are exceedingly small and do not meet the current fuel dispenser footprints requirements. If the existing dispensers are replaced, it is recommended that the UDCs be replaced with 63 5
new UDCs that are appropriately sized for the new dispenser.

If the UDCs are not replaced and the new dispensers are installed, new adaptor frames are required to marry the new dispenser with the old UDCs. Also, the depth and small opening of the existing UDCs would hinder maintenance and/or installation of new flex lines, impact valves and sensors for the new dispenser, which is not recommended.

Existing Under Dispenser Containment Monitoring. Boudreaux wireless sensors are installed in the existing UDCs. Wireless liquid sensor systems are highly subject to interference from other wireless systems, communication systems, or noise filled electrical systems and are not reliable. Also, the sensors installed are no longer industry supported. It is recommended that the existing underground containment monitoring system be replaced with a hard wired UDC monitoring system.

There appears to be an inadequate number or size of conduits from the existing Veeder Root Console in the office building to the fuel island. The Boudreaux sensors were apparently added later from the original installation date due to regulatory requirements by the State of California Water Resources Control Board or Title 23; however, the manufacturer no longer exists, and the product is no longer supported.

Existing Electrical Supply System. The existing electrical system is comprised of a 120 VAC system. The emergency shut off for the electrical system is inadequate to shut down the existing 120-VAC supply to the existing fuel dispensers.

The existing electrical system will not support new fuel dispensers. The existing fuel dispensers are suction type and have ½ HP motors installed to run the pumping units.

New fuel dispensers have fuel pumps equipped with 1 HP motors that require larger wiring and in most cases 220-VAC supply.

Piping Sumps at USTs. On top of each UST is a piping sump that terminates the product piping between the fuel dispenser UDC and the UST itself. The piping sumps had water present in them at time of inspection and after speaking with site personnel, the sumps have water pumped out several times per week. This indicates that the site may not pass the required Tri-Annual SB-989 testing. Water is being removed in the piping sumps even when no rain events have occurred. This is likely due to worn out piping and/or electrical penetrations into the existing piping sumps and is due to ground water leaking in through these same penetrations. There could also be cracks in the existing piping sumps. It is recommended that the piping sumps be rehabilitated or replaced.

64 6
Existing Underground Storage Tanks (USTs). Most steel and fiberglass USTs come with a 30-year warranty. The two 10,000-gallon fiberglass tanks were installed in 1992, 29 years ago. The USTs will soon be out of warranty.

The salt water and tidal surges have the biggest effect on the USTs simply due to water pushing on and then flowing out and away from the USTs. The fact the tanks are fiberglass suggest the water table would have far more effect on this type of UST compared to a steel tank which has much less flex but would be subject to corrosion.

Based on the review of the annual monitoring certifications, there appears to be no reason to suspect the current USTs are leaking or ground water is leaking into the USTs.

After a review of federal, state, and local requirements, there appears to be no regulatory drivers that require replacement of the existing USTs.

The unleaded fuel system appears to meet all Federal requirements for (SPCC Plan 40CFR Part 112) requirements. State requirements (Title 23); and local Fire Code laws (2305.3 Fire Extinguishers) (2303.2 Emergency Stop Switches) (2305.2.3 Dispensing Devices) (2305.3 Spill Control) (2304.3.2 Dispensers 2306.7)(2304.3.3 Emergency Controls) (2304.3.4 Operating Instructions) (2304.3.5 Emergency Procedures) (2304.3.6 Communications) (2304.3.7 Quantity Limits) (2305.6 Warning Signs) (2306.7.7.1 Leak Detection) (2306.7.7 Remote Pumping) (2306.7.9.2.2 Location - Vapor Processing) (5704.2.3.2 Label or Placard) (5704.2.9.7.5.1 Information Signs.

EXISTING DIESEL FUEL SYSTEM

Description. The existing Diesel Fuel System is comprised of two 5,000-gallon concrete ASTs supported in a concrete vault immediately adjacent to the Lagoon Pump Station Building. The tanks supply fuel to one fuel dispenser and a 210-gallon day tank inside the Lagoon Pump Station Building. The day tank supplies fuel to the lagoon pump engines and the Corporation Yard Emergency Generator.

Existing Fuel Dispenser. The existing fuel system fuel dispenser (Tokheim) is no longer supported by industry with respect to replacement parts. Certain replacement parts can be found, however any parts found would most likely be used parts and may not meet current industry standards as to their condition for continued use. Finding used parts is also a frustrating process and wastes valuable time. It is recommended that the fuel dispenser be replaced.

65 7
Existing Aboveground Storage Tanks. The two 5,000-gallon, concrete, single-wall ASTs are supported above the floor of an in-ground concrete vault which is located on the west wall of the Lagoon Pump Station. The tanks were installed in the early 1960s and have outlasted their useful life. The only access to the bottom of the vault is provided by an unsecured ladder.

The vault originally had a flush mounted top and the fuel tanks were considered USTs.

Due to regulatory requirement changes, the lid was removed, and an open-air canopy was constructed so the tanks would be visible, and the tanks were re-classified as ASTs. The open-air canopy allows rain to enter the vault. Groundwater and/or rainwater must be removed from the bottom of the vault regularly. Any water in the vault would trigger fuel spill sensors.

The existing system lacks secondary containment for fuel leaks. When the water table is high, groundwater infiltrates the concrete vault, therefore, it is apparent the concrete vault is not adequate secondary containment for the fuel spills from the diesel tanks.

Day Tank. A 210-gallon single-wall day tank was installed in the early 1960s in the Lagoon Pump Station Building and has outlasted its useful life. The two 5,000-gallon diesel fuel tanks feed fuel to the day tank which feeds fuel to (a) the lagoon pump engines used to pump water from the lagoon to the bay and (b) the Corporation Yard Emergency Generator which is located across the yard.

The day tank does not have secondary containment. Using the building as a form of secondary containment would not meet the Aboveground Petroleum Storage Act (APSA) for the simple fact that the building cannot hold a diesel spill. Spills from the existing day tank would flow outside the building to lagoon or parking/storage area.

It is recommended that the existing day tank and piping be replaced with a new 300- gallon day tank, associated piping, and appropriate secondary containment.

Underground Diesel Supply Line between Day Tank and Corporation Yard Emergency Generator. The underground diesel supply line is part of the diesel fuel system that provides fuel from the day tank to the Corporation Yard Emergency Generator. This line crosses the yard from the southwest corner of the Lagoon Pump Station Building to the Corporation Yard Emergency Generator.

The existing 2’’ supply line secondary containment pipe is full of groundwater and does not provide the required secondary containment of a leak in the primary pipe.

The conclusion was based on visual inspection when the leak monitoring sensor was removed. It is highly likely that both the Veeder Root TLS-250 Leak Monitoring 66 8
Console and the leak monitoring sensor are inoperable.

The product line to the Corporation Yard Emergency Generator should either be removed, or triple rinsed, filled with foam, and closed permanently. Removing the line is possible, however, there is a high chance of damaging other underground utilities given all underground utilities that cross the Corporation Yard. Therefore, it is recommended that the primary and secondary pipes be triple rinsed and filled with foam if allowed by the CUPA.

Rather than install a new underground supply line from the day tank to the Corporation Yard Emergency Generator, it is recommended that a stand-alone, diesel AST be installed as part of the Emergency Generator Replacement Project (FY 2021-2022) as a new emergency generator will be installed as part of the contract.

SECTION 3 – REPALCEMENT ALTERNATIVES

ALTERNATIVES – GENERAL

The following alternatives for the replacement of facilities were considered:
 Alternative No.1 – Reconstruct the “top” of existing unleaded UST fuel system at its current location. (existing USTs to remain)
 Alternative No. 2 – Reconstruct existing unleaded UST fuel system at its current location. (existing USTs to be replaced)
 Alternative No. 3 – Construct a new unleaded fuel system at a new location in the Corporation Yard and remove the existing fuel system.  Alternative 3A Existing Unleaded UST Removal – Stand Alone Cost Associated with Alternative 3 and would be completed after Alternative 3 was completed.
 Alternative No. 4 – Install the new diesel fuel system northwest of Lagoon Pump Station and remove the existing diesel fuel system. A new dispenser will be installed at or near the location of the existing dispenser.

All alternatives include a canopy over the fueling operations portion of the fuel systems to comply with the State of California Water Run Off Regulations. (Resolution No. 2013-0032)

As part of this study, placing new unleaded and diesel fuel systems west of the Lagoon Pump Station was considered; however, the alternative was not pursued due to the insufficient space for proper traffic circulation to safely access the unleaded and 67 9
diesel dispensers.

As part of this study, the installation of a new stand-alone, diesel fuel AST for the Corporation Yard Emergency Generator was considered. According to City Staff, the new AST would store enough fuel to allow for the Emergency Generator to operate for 168 hours or seven days without commercial power. Based on the existing Emergency Generator’s fuel usage of 36-gallons per hour x 168 hours equals a 6,500- gallon AST. Because the existing emergency generator will be replaced with a more fuel-efficient emergency generator as part of the Emergency Generator Replacement Project (FY 2021-2022), the AST will likely be smaller. It is understood that the City intends to include a stand-alone, diesel AST in the Emergency Generator Replacement Project (FY 2021-2022).

ALTERNATIVE NO. 1 – RECONSTRUCT “TOP” OF EXISTING UNLEADED UST

FUEL SYSTEM AT ITS CURRENT LOCATION

Description. Alternative No. 1 replaces the “top” of the existing unleaded fuel system, which includes the concrete tank top, UST piping and sumps, dispensers, and electrical system. Also, a canopy & footings would be installed over the new fuel dispensing area.

NOTE: During construction, the Lincoln Centre Drive entrance to the Corporation Yard will be blocked. The City/EMID will need an alternative vehicle fueling arrangement during construction.

Scope of Work
 Construction
o Remove the concrete pad over the USTs.
o Install spread footing and a si ngle post canopy over the fuel dispensers. o Replace the tank top components , e.g., product piping, vent piping, and UDCs.
o Replace fuel dispensers (Suction Type).
o Add a NEMA 3R enclosure just ins ide the secure fence to house the following – (a) new fuel sub-panel fed from the existing sub-panel inside the office building; An emergency shut off system (relays or contactors); new fuel management system; phone line for both the fuel management and one new remote overfills alarm system facing the existing fill buckets.

This work can be completed without having to install vacuum, pressure, and/or hydrostatic (VPH) monitoring on the secondary product piping or wet annular type 68 10
monitoring of the UST annular spaces. This would also allow for all high and low voltage wiring to be located between the NEMA 3R enclosure and the fuel system itself with no required trenching into the administration building.

Budget Estimate
The estimated budget to remove the tank top and upgrade the system as described above, including new components, materials, equipment, labor, per diem, permitting, inspections and final testing:

Item Budget Amount
Design & Construction Support (35%) $50,000
Construction $415,000
Construction Management (15%) $65,000
Miscellaneous Expenses $5,000
Subtotal $535,000
Project Contingency (35%) $187,250
Project Budget $722,250

ALTERNATIVE NO. 2 – CONSTRUCT A NEW UNDERGROUND UNLEADED FUEL

SYSTEM AT THE CURRENT LOCATION OF THE EXISTING UNLEADED FUEL SYSTEM

Description. Alternative No. 2 includes removing the existing unleaded fuel system, including the existing USTs, and constructing a new unleaded fuel system in the same location.

During construction, the Lincoln Centre Drive entrance to the Corporation Yard will be blocked. The City/EMID will need to have an alternative vehicle fueling arrangement during construction.

Scope of Work
 Construction
o Install Shoring System
o Excavate Tank Hole
69 11
o Remove Existing USTs and Re lated Electrical Systems
o Protect on Site all excava ted Pea Gravel for Reuse
o Water and Soil Sampling with Full Stamped Soils Report o N e w U S T s
o Reinstall Pea Gravel backfill
o Remove Shoring System
o ELD Testing

Budget Estimate

Item Budget Amount
Design & Construction Support (25%) $100,000
Construction $996,000
Construction Management (10%) 100,000
Miscellaneous Expenses $15,000
Subtotal $1,211,000
Project Contingency (35%) $424,000
Project Budget $1,635,000

ALTERNATIVE NO. 3 – CONSTRUCT A NEW UNLEADED FUEL SYSTEM

BETWEEN THE VEHICLE MAINTENANCE FACILITY AND THE CORPORATION

YARD EMERGENCY GENERATOR AND REMOVE THE EXISTING UNLEADED

FUEL SYSTEM

Description. Alternative No. 3 includes constructing a new unleaded fuel system between the Vehicle Maintenance Facility and the Corporation Yard Emergency Generator and removing the existing unleaded fuel system after the new system is operational.

During the removal of the existing fuel system, the Lincoln Centre Drive entrance to the Corporation Yard will be blocked. The City/EMID will not need to have an alternative vehicle fueling arrangement during construction as the existing unleaded fuel system would be removed after the new fuel unleaded fuel system is operational.

70 12
Scope of Work
New Unleaded Fuel ASTs between Vehicle Maintenance Facility and Corporation Yard Emergency Generator
 Excavate and install new AST concrete pads
 Two (2) new 10,000-gallo n unleaded fuel ASTs
 Fall protection – stair platform
 Two (2) gas (Suction Type) fuel dispensers
 Fuel management system
 Leak detection system
 Canopy over fuel dispensing only

Install two new unleaded 10,000-gallon ASTs, two new fuel dispensers, and related supportive systems. Power will come from the Vehicle Maintenance Facility with the installation of a NEMA 3R Enclosure to house following the components: fuel system electrical sub-panel, existing tank monitor, phone and or Cat 5, E-stop relays, or contactors, and a system remote overfill alarm mounted where fuel system delivery driver can see and hear the alarm.

To take the place of the existing underground piping from the two existing diesel ASTs at the rear of the Lagoon Pump Building, TAIT recommends installing one new diesel 6,500-gallon AST just to the east of the proposed unleaded ASTs. This AST would support the Corporation Yard Emergency Generator. This EG burns 36 gallons of diesel per hour.

 Construction
o Saw-cut and remove the existi ng asphalt in the AST area and install grounding and two (2) seismically engineered concrete pads. o Install canopy footings.
o Install two (2) 10,000-gallon unl eaded ASTs with stair platform fall protection systems.
o Core drill existing asphalt for the required bollard installation. o Saw-cut and remove asphalt from the work area along the north wall to the side of the maintenance shop for electrical supply conduits. o Install NEMA 3R enclosure outsi de of the Vehicle Maintenance Facility facing the ASTs.
o Install two (2) surface mounted UDCs in front of ASTs, respect ively 26’’ away from ASTs.
71 13
o Install two (2) RDR suction type fuel dispensers – this narrative assumes Phase II exemption.
o Install complete electrical system.
o Install complete tank monitor system.
o Install complete fuel management system
o Install complete canopy and inst all VR remote overfill alarm on canopy stanchion.

Budget Estimate

Item Budget Amount
Design & Construction Support (25%) $100,000
Construction $950,000
Construction Management (10%) $95,000
Miscellaneous Expenses $15,000
Subtotal $1,160,000
Project Contingency (35%) $406,000
Project Budget $1,566,000

ALTERNATIVE NO. 3A – EXISTING UNLEADED UST REMOVAL

Description Required Scope of Work to be associated with Alternative 3 and would be completed after Alternative 3 was completed.

Scope of Work
 Construction
o Secure high/low voltage electrical.
o Saw-Cut remove existing concre te pad over UST, fuel dispensers and island.
o Install engineered shoring system.
o Remove fuel island components.
o Secure soil samples
o Backfill with existing pea grav el and import fresh class II base rock o Finish with new Asphalt
o Restripe parking area

Budget Estimate
72 14

Item Budget Amount
Design & Construction Support (25%) $100,000
Construction $245,000
Construction Management (10%) $25,000
Miscellaneous Expenses $20,000
Subtotal $390,000
Project Contingency (35%) $137,000
Project Budget $527,000

ALTERNATIVE NO. 4 – CONSTRUCT A NEW DIESEL FUEL SYSTEM AT A NEW

LOCATION IN THE CORPORATION YARD AND REMOVE THE EXISTING DIESEL

FUEL SYSTEM

Description. Alternative No. 4 includes constructing a new diesel fuel system and removing the existing diesel fuel system on the west side of the Lagoon Pump Station Building.

The City/EMID will need an alternative vehicle fueling arrangement during construction as the existing diesel fuel system will be removed for a period.

Scope of Work
 Construction
o Remove two (2) 5,000-gallon co ncrete diesel ASTs from vault. o Remove wall around top of vault, to be even with existing grade. o Back fill vault with Calt rans Class II base rock.
o Install seismically engineered AST concrete pad.
o Install one (1) new 10,000-gallon diesel AST to supply the diesel fuel dispenser and the new 300-gallon day tank which supplies fuel to the emergency pumps in the Lagoon Pump Station.
o Trench to existing diesel fuel dispenser and remove replace the product line, high and low electrical conduits.
o Remove/replace day tank
o Remove/replace one (1) UDC.
o Remove/replace one (1) diesel fuel dispenser.
o Remove/replace fuel management system.
o Install single post canopy over fueling area.

73 15

Budget Estimate

Item Budget Amount
Design & Construction Support (25%) $100,000
Construction $1,000,000
Construction Management (10%) $100,000
Miscellaneous Expenses $30,000
Subtotal $1,130,000
Project Contingency (35%) $400,000
Project Budget $1,530,000

SECTION 4 – VAPOR RECOVERY SYSTEMS
The State of California requires vapor recovery systems on unleaded fuel storage tanks to reduce hydrocarbon emissions into the atmosphere. There are two types of vapor recovery systems installed on unleaded fuel systems.

A Phase One Vapor Recovery System will be installed on the unleaded ASTs pursuant to Title 23 of the California Code of Regulations.

We recommend that the City continue its practice of obtaining exemptions from installing the Phase II recovery system and omit a Phase II recovery system from the new unleaded fuel system. We understand that the City’s unleaded fuel system is only utilized by City vehicles; the City’s vehicles have modern vapor recovery systems, known as, onboard refueling vapor recovery (ORVR) systems; and the City has been exempted by the AQMD from installing the Phase II Vapor Recovery System on the proposed existing unleaded fuel system. For comparison, public gas stations are required to install Phase II recovery systems.

SECTION 5 – GROUND WATER PERMITTING
During the project’s design phase, the City should task its Design Consultant with sampling of soils and water and preparing a soils report. The soils report will perform an assessment of the soils and water that will likely be encountered during construction. The report will help to determine if the soil or water that will be 74 16
encountered during construction, contain contaminants.

The information regarding the contaminant levels in the water will be used to determine where to dispose of the water from the dewatering excavations. As part of the Alternative 2 and 3, the construction contractor will dewater the excavation for removing the existing USTs (Alternatives 2 and 3) and installing new USTs (Alternative 3). Where the water will be discharged will determine construction contract requirements and the permits to be obtained by the City and/or the construction contractor.

Depending on the levels of contamination in the water, the water may be disposed of in the sanitary sewer system which requires a wastewater discharge permit for the City of San Mateo; in the storm drain system which requires a permit from the State Water Board, or off hauled and disposed elsewhere.

The time to obtain permits varies greatly. We recommend that the City obtain any permits required by the State prior to issuing a call for bids.

SECTION 6 – SOIL REMEDIATION
It is recommended that the Design Consultant interface with the San Mateo County Environmental Health Certified Unified Program Agency (CUPA) to review the findings in the soil report and State’s Department of Toxic Substance Control local and water sampling to determine if fuel has leeched from the existing fuel system into the surrounding soil.

 All budget alternatives include soil and water sampling, analytical analysis, chain of custody, mapping and a final stamped soils report as required by new work and will be delivered to the City as well as the CUPA for review and final acknowledgement from the State as to its findings.

Notes to Ground Water Permitting
Foster City is located along the western side of San Francisco Bay. Groundwater levels in the city range from less than five feet Below Ground Surface (Bgs) to approximately 20 feet Bgs. Due to the proximity of the site to the bay, it is likely that groundwater levels at the site are less than 10 feet Bgs. Excavation of the 10,000- gallon underground storage tanks (USTs) will extend to an approximate depth of at least 13 feet Bgs and will likely be below the groundwater level at the site. This situation will require dewatering on the excavation during the UST removal and soil/groundwater assessment sampling related to the UST removal.

To assess the dewatering methodology used at the site, TAIT will utilize a 75 17
subcontractor to initially complete a direct-push soil boring to a depth of 20 feet Bgs in the immediate area of the USTs to assess the following:

• Soil lithology and depth to groundwater around the USTs. The lithology of the soils will determine whether wellpoint or sump pumping methodology is best for dewatering the excavation.

• Collect a groundwater sample for analyses by a laboratory to determine the disposal method of the water removed from the excavation.

Based on soil assessments on nearby properties around the site, the soils beneath the site consist of sands, silts, and clays. An initial soil boring will determine the soil lithology in the immediate area of the USTs and the actual depth to groundwater. The recharge rate of the groundwater can be tested in this boring. If the recharge rate is high, then a wellpoint system of individual groundwater extraction borings can be located around the perimeter of the UST area to dewater the excavation during the UST removal. If the recharge rate is low, then dewatering may be necessary by sump pumping methodology of removing water directly from the excavation during UST removal. It is also possible that a combination of wellpoint and sump pumping may be required to adequately dewater the excavation.

Analysis of the groundwater collected from the boring will be critical to determine the best methodology of disposing of the groundwater. Analytical methods will be completed in accordance with state and local requirements. If the groundwater is acceptable for discharge into the sewer or storm drain discharge, permits to allow for discharge will be submitted to the appropriate agencies. If the groundwater is determined to be contaminated, then it will be required to be stored on site prior to transportation and disposal to an approved disposal facility following dewatering procedures.

Prior to completion of any soil borings at the site and geophysical survey should be completed to accurately outline the area of the tanks and associated piping.

Soil Sampling Permitting
The San Mateo County Environmental Health Services, Hazardous Materials Program (County EHS) is the Certified Unified Program Agency (CUPA) for Foster City, and it will be the oversight agency for any required soil/groundwater assessment sampling and remediation related to the petroleum underground storage tanks (USTs). During the permitting of removal and replacement of USTs and associated piping and dispensers, the County EHS may require soil and/or groundwater assessment sampling of the areas beneath the USTs, piping, and dispensers. Sampling locations and numbers of samples will be determined in advance by County EHS and will be completed under the regulatory oversight of the County EHS according to County EHS 76 18
requirements. Sample analyses will be dependent upon the fuel historically stored in the USTs and will follow the “Recommended Minimum Verification Analyses” (Revision 08/29/2019) requirements of County EHS.

If it is determined that excavated soils can be reused as backfill for the UST excavation at the site, soil samples will be collected from the soil stockpile in accordance with the “Characterization and Reuse of Petroleum Hydrocarbon Impacted Soil” (Revision 09/05/2019) requirements of County EHS.

Soil and/or groundwater assessment sampling during the UST, piping, and dispenser removal phase of the project will be completed by an experienced Tait technician under the direct oversight of a California Professional Geologist. 77 19
The Professional Geologist will complete, sign, and certify any sampling/tank closure reports required by the County EHS.

Subsequent soil assessment/remediation in the UST/piping/dispenser area may be required based on the results of the assessment sampling during the UST, piping, and dispenser removal phase of the project. The County EHS will determine whether additional assessment is required or if soil and/or groundwater remediation is necessary. Additional assessment, if required may necessitate the use of subsurface investigation techniques using a drill rig and the installation of groundwater monitoring wells. The extent and type of assessment/remediation required, if any, will be determined in consultation with the County EHS following completion of the initial sampling during the UST, piping, and dispenser removal phase of the project.

SECTION 7 – FUEL MANAGEMENT SYSTEMS FOR MONITORING AND

TRACKING FUEL LEVELS AND USE

Fuel Management Systems are electronic instrumentation that provides real time monitoring of each fueling transaction, fuel inventory, and fuel system diagnostics.

The systems can track and generate reports for fuel usage by agency, department, and/or vehicle. The level of fuel in the storage tank can also be monitored and alarms can be set for low level so fuel can be ordered when needed. Most systems require network connections to each device and three IP addresses to configure.

SECTION 8 – CITY PLANNING DEPARTMENT

TAIT would recommend that the City complete design and create a final project plan set to submit to the City Planning Department to secure Planning approval prior to publicly announcing the RFP. This is a complicated project, and in our experience, it would be difficult to obtain cost effective bids on a design build basis. Locking down the scope of work, and planning and other regulatory requirements should allow contractors to provide the most competitive proposals. This approved plan set can then be used by the GC awarded the project to submit for construction permits.

TAIT has the team available for preparation of the design plans and coordination with the agencies to obtain approvals prior to putting this project out to bid. Tait can also assist the City by providing construction oversight. if needed. and would also file weekly reports to the City as to project status, safety procedures etc. 78 DATE: August 1, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Louis Sun, Public Works Director
Laura Galli, Engineering Manager

SUBJECT: RESOLUTIONS APPROVING TASK ORDER CSG-2022-01

WITH CSG CONSULTANTS, INC IN THE AMOUNT OF
$100,000 FOR CITY/DISTRICT PROJECTS AND WITHOUT

LIMITATION FOR LAND DEVELOPMENT PROJECTS FOR

TEMPORARY STAFF AUGMENTATION AND INSPECTION

SERVICES

RECOMMENDATION

It is recommended that the City Council/EMID Board adopt the attached resolutions approving Task Order CSG-2022-01 with CSG Consultants, Inc. (CSG) in the amount of $100,000 for City projects that are not reimbursed to City/District through developer deposit accounts (“City/District Projects”) and without any limitation on compensation for land development projects which are reimbursed through developer deposits (“Developer Projects”) for temporary staff augmentation and inspection services under the Master Professional Civil Engineering Services Agreement dated July 18, 2022.

EXECUTIVE SUMMARY

On July 18, 2022, the City Council/EMID Board approved a Master Professional Civil Engineering Services Agreement with CSG under which the City/District can access on-call professional services to carry out a specific task or project with the approval of a Task Order by the City/District Manager 79 or City Council/EMID Board (depending upon the scope of the task). Task Order CSG-2022-01 will provide for the continued temporary part-time staff augmentation and inspection services by CSG, for the not to exceed amount of $100,000 for City/District Projects and without limitation for Developer Projects, which will allow staff to continue the recruitment process for three (3) vacant Assistant/Associate Engineer positions.

BACKGROUND

The City’s Engineering Division has experienced a number of vacancies since April, 2021. While some vacancies have been filled, there are currently three (3) unfilled Assistant/Associate Engineer positions, and the recruitment process is on-going. Recruitment has been much more time-consuming than usual, the position was advertised in December and re-posted in February.

No new hires resulted from the process. Since May, recruitment has resumed, and another round of interviews has been scheduled for August.

In April, 2022, the previous City/District Manager approved an agreement under his purchasing authority with CSG for a not-to-exceed amount of $49,999.99 to provide staff augmentation services in order to continue to provide timely service in the absence of a full complement of engineers. The position has been filled temporarily by a consultant from CSG who has been working part time, approximately 20 hours a week, of which some hours are provided on site and some hours are provided remotely. The consultant is assisting in the review and coordination of the large development projects underway (Gilead, Pilgrim Triton, Bio-med, Pavilion, 388 Vintage Park Drive, etc.); building permit plan check review; with the intent of assisting with open CIP projects to meet the goal of closing out the projects, and other duties as time allows.

On July 18, 2022, the City Council/EMID Board approved a Master Professional Civil Engineering Services Agreement with CSG under which the City/District can access on-call professional services to carry out a specific task or project with the approval of a Task Order by the City/District Manager or City Council/EMID Board (depending upon the scope of the task).

ANALYSIS

Under the Master Professional Civil Engineering Services Agreement, the Associate Engineer rate is $180 per hour. Anticipated salary savings from the vacant positions in the amount of $50,000 will be transferred to the 80 Contractual Services account, in combination with carry-over funding in the amount of $50,000 approved by the City Council on July 18, 2022, to provide the funding for City services assignments. Work performed by the contracted staff that is associated with Development projects has been and will continue to be reimbursed from the development deposit accounts.

This Task Order CSG-2022-01, if approved, will be the first Task Order under the Master Professional Civil Engineering Services Agreement with CSG and will ensure continued temporary part-time staff augmentation and inspection services by CSG while City/District staff continues the recruitment process to bring on permanent staffing and do any necessary cross-training.

FISCAL IMPACT

Task Order CSG-2022-01 sets a not-to-exceed limit of $100,000 for work completed for City/District Projects and no limitation for Developer Projects.

Adequate funding is available in the Public Works Department budget for the City and EMID services work and in the Developer Deposits for reimbursable work.

CITY COUNCIL/DISTRICT BOARD VALUE/PRIORITY AREA

This action supports the “Staff Empowerment and Operational Excellence” Value/Priority Area. The key outcome is to continue to provide exceptional and uninterrupted service to the Foster City community.

Attachments:
 Attachment 1 - City Resolution
 Attachment 2 - EMID Resolution
 Attachment 3 - Task Order CSG-2022-01
81 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING TASK ORDER CSG-2022-01 WITH CSG CONSULTANTS, INC IN THE AMOUNT OF $100,000 FOR CITY PROJECTS AND WITHOUT LIMITATION FOR LAND

DEVELOPMENT PROJECTS FOR TEMPORARY STAFF AUGMENTATION AND

INSPECTION SERVICES

CITY OF FOSTER CITY
WHEREAS, the Engineering Division has experienced a number of vacancies since April, 2021 and the recruitment process is on-going; and WHEREAS, on July 18, 2022, the City Council approved a Master Professional Civil Engineering Services Agreement with CSG Consultants (CSG) under which the City can access on-call professional services to carry out tasks or projects with the City Council’s or City Manager’s approval of a Task Order, depending upon level of effort; and WHEREAS, Task Order CSG-2022-01 will provide for continued temporary staff augmentation and inspection services by CSG while City staff continues the recruitment process to bring on permanent staffing and do any necessary cross-training; and WHEREAS, salary savings from the vacant positions in the amount of $50,000 will be transferred to the Contractual Services account, in combination with carry-over funding in the amount of $50,000 approved by the City Council on July 18, 2022, to provide the funding for work performed on City projects while work associated with development projects will be reimbursed from the Development Deposit accounts.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOSTER CITY that the City Council does hereby approve Task Order CSG-2022-01 with CSG Consultants, Inc. (CSG) for temporary staff augmentation and inspection services under the Master Professional Civil Engineering Services Agreement dated July 18, 2022, for a not to exceed amount of One Hundred Thousand Dollars ($100,000) for projects that are not reimbursed to City/District through Developer deposit accounts and without limitation for land development projects and/or tasks that are reimbursed to City through developer deposit accounts.
82 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
83 RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROVING TASK ORDER CSG-2022-01 WITH CSG CONSULTANTS, INC IN THE AMOUNT OF $100,000 FOR CITY PROJECTS AND

WITHOUT LIMITATION FOR LAND DEVELOPMENT PROJECTS FOR TEMPORARY

STAFF AUGMENTATION AND INSPECTION SERVICES

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Engineering Division has experienced a number of vacancies since April, 2021 and the recruitment process is on-going; and WHEREAS, on July 18, 2022, the EMID Board approved a Master Professional Civil Engineering Services Agreement with CSG Consultants (CSG) under which the District can access on-call professional services to carry out tasks or projects with the District Board’s or District Manager’s approval of a Task Order, depending upon level of effort; and
WHEREAS, Task Order CSG-2022-01 will provide for continued temporary staff augmentation and inspection services by CSG while District staff continues the recruitment process to bring on permanent staffing and do any necessary cross-training; and
WHEREAS, salary savings from the vacant positions in the amount of $50,000 will be transferred to the Contractual Services account, in combination with carry-over funding in the amount of $50,000 approved by the District Board on July 18, 2022, to provide the funding for work performed on District projects while work associated with development projects will be reimbursed from the Development Deposit accounts.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby approve Task Order CSG-2022-01 with CSG Consultants, Inc. (CSG) for temporary staff augmentation and inspection services under the Master Professional Civil Engineering Services Agreement dated July 18, 2022, for a not to exceed amount of One Hundred Thousand Dollars ($100,000) for projects that are not reimbursed to District through Developer deposit accounts and without limitation for land development projects and/or tasks that are reimbursed to District through developer deposit accounts.
84 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 1st day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:
______

PRISCILLA SCHAUS, DISTRICT SECRETARY
85 TASK ORDER NO. CSG-2022-01

TO MASTER PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT This Task Order No. CSG-2022-01 ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and CSG Consultants ("Consultant").

RECITAL
A. City/District and Consultant entered into an agreement entitled Master Professional Civil Engineering Services Agreement ("Agreement") on July 18, 2022, by which the Consultant agreed to perform Civil Engineering services in accordance with Task Orders issued by the City/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. SCOPE OF TASK ORDER. Consultant shall perform the services described in Exhibit "A," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City/District will compensate Consultant in accordance with the terms and conditions and at the hourly rates set forth in the Agreement and in the manner described in Exhibit “A”. For projects that are not reimbursed to City/District through Developer deposit accounts (“City/District Projects”), the compensation paid to CONSULTANT shall not exceed One Hundred Thousand Dollars ($100,000). For land development projects and/or tasks that are reimbursed to City through developer deposit accounts (“Developer Projects”), there shall be no maximum compensation limit.

4. SIGNATURES. 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 City/District.

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

City of Foster City Consultant
By: Richa Awasthi By: Cyrus Kianpour
Title: Mayor Title: President
Date: Date:

Tax ID No.:
86 EXHIBIT A

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

PROFESSIONAL ON-CALL CIVIL ENGINEERING SERVICES
TASK ORDER CSG-2022-01
This is an Exhibit attached to and made a part of and incorporated by reference to the Master Professional Civil Engineering Services Agreement dated July 18, 2022, by and between CSG Consultants, hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

1.DESCRIPTION OF THE PROJECT:

Staff augmentation to perform land development review, building permit plan check review, capital improvement project management services, and other duties as required.

2.PAYMENTS:

2.1 Services shall be provided by an Associate Engineer at the rate set forth in the agreement.

2.2 The maximum payment to CONSULTANT under this Task Order for City/District Projects, the compensation paid to CONSULTANT shall not exceed $100,000.

2.3 There shall be no maximum payment to CONSULTANT under this Task Order for projects that are Developer Projects.

2.4 Compensation for Consultant’s Services shall be on a time-and-expense reimbursement basis

2.5 Consultant shall furnish monthly summary for both City/District Projects and Developer Projects that shall include the following:
Narrative of specific accomplishments, inspections, etc. during the reporting period.
Current period and cumulative expenditures under this Task Order to date.
Approved budget and balance remaining for City projects. Itemization by project (e.g.; development or CIP).
Actual cost to complete each task within each project.

2.6 Invoices are to be submitted monthly. The invoice shall be accompanied by a cost breakdown by discipline, in approved format.
87 3.SCHEDULE:

CONSULTANT will perform its work based on mutually agreed upon schedules.

Services will be performed at 20 hours per week on average, at the discretion of the City. CSG will provide services on an as-requested basis,

4.DELIVERABLES: CONSULTANT’s deliverables under the Task Order include but are not limited to the following:

4.1 Land development review

4.2 Building permit plan check review

4.3 Capital improvement project management services

4.4 Final maps, Subdivision Maps, Easement review

4.5 Other services as required
88 DATE: August 1, 2022

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

VIA: Stefan Chatwin, City/District Manager

FROM: Edmund Suen, Finance Director

SUBJECT: RESOLUTIONS UPDATING THE AUTHORIZED SIGNATORIES

FOR CURRENT AND FUTURE BANK AND INVESTMENT
ACCOUNTS EFFECTIVE AUGUST 9, 2022

RECOMMENDATION

It is recommended that the City Council/District Board approve the attached resolutions updating the authorized signatories for current and future bank and investment accounts effective August 9, 2022.

EXECUTIVE SUMMARY

The City/District invests funds with financial institutions and investment custodians in its day-to-day cash and investment management operations.

On January 20, 2015, the City Council authorized Edmund Suen and Fiti Rusli as authorized signatories for the purposes of opening, administering, and closing any and all cash and investment accounts necessary to conduct the financial operations of the City and District. On August 8, Fiti Rusli will be retiring; therefore, there is a need to update the authorized signatories and replace Fiti Rusli with Mimi Lam. The attached resolutions would authorize Edmund Suen (Finance Director/Treasurer) and Mimi Lam (Financial Services Manager), to create and terminate accounts, sign checks, withdraw and 89 deposit funds, and execute buy and sell investment transactions in accordance with the Investment Policy. These resolutions will be used for all cash and investment accounts excluding the Local Agency Investment Fund (LAIF), which requires a separate resolution that is also on the agenda this evening.

BACKGROUND AND ANALYSIS

With the upcoming retirement of Assistant Finance Director Fiti Rusli, staff is recommending Mimi Lam as her replacement signatory effective August 9, 2022 for opening, administering, and closing any and all cash and investment accounts necessary to conduct the financial transactions of the City and District. The approval of the attached resolutions allows for an uninterrupted transition and facilitates business continuity.

FISCAL IMPACT

There is no fiscal impact associated with this report.

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. It allows for business continuity within the City organization.

Attachments:
 Attachment 1 - City Resolution
 Attachment 2 - District Resolution
90 RESOLUTION NO.______

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

AUTHORIZING EDMUND SUEN AND MIMI LAM AS AUTHORIZED SIGNATORIES FOR

PURPOSES OF OPENING, ADMINISTERING AND CLOSING ANY AND ALL CASH

AND INVESTMENT ACCOUNTS

CITY OF FOSTER CITY
WHEREAS, the organization conducts cash and investment management operations by opening, administering, and closing various cash and investment accounts with various banks, brokerage firms, investment custodians, and other similar financial and investment institutions; and
WHEREAS, the Finance Director/Treasurer is charged with the responsibility of managing the organization's cash flow, including but not limited to the following functions:
opening and closing accounts, signing checks, ordering withdrawal or transfer of funds, endorse and deposit checks and other items payable to the organization, executing buy and sell investment transactions, and transacting other administrative business relating to said accounts; and
WHEREAS, the City Council does hereby find the said functions shall be performed in accordance with the City's Investment Policy and in accordance with all applicable City ordinances; and
WHEREAS, the City Council also desires that any check that is issued requires two authorized signatures
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the following individuals to be duly authorized signatories/designated account signers to open, administer and close any and all cash and investment accounts necessary to conduct the financial operations of the City effective August 9, 2022:
• Edmund Suen, Finance Director/Treasurer
• Mimi Lam, Financial Services Manager
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Foster City does hereby authorize that any checks issued would require two authorized signatures from the names listed above.
91 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 1st day of August 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
92 RESOLUTION NO._______

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING EDMUND SUEN AND MIMI LAM AS

AUTHORIZED SIGNATORIES FOR PURPOSES OF OPENING, ADMINISTERING AND

CLOSING ANY AND ALL CASH AND INVESTMENT ACCOUNTS

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the organization conducts cash and investment management operations by opening, administering, and closing various cash and investment accounts with various banks, brokerage firms, investment custodians, and other similar financial and investment institutions; and
WHEREAS, the Finance Director/Treasurer is charged with the responsibility of managing the organization's cash flow, including but not limited to the following functions:
opening and closing accounts, signing checks, ordering withdrawal or transfer of funds, endorse and deposit checks and other items payable to the organization, executing buy and sell investment transactions, and transacting other administrative business relating to said accounts; and
WHEREAS, the Board of Directors does hereby find the said functions shall be performed in accordance with the City's Investment Policy and in accordance with all applicable City ordinances; and
WHEREAS, the Board of Directors also desires that any check that is issued requires two authorized signatures
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the following individuals to be duly authorized signatories/designated account signers to open, administer and close any and all cash and investment accounts necessary to conduct the financial operations of the City effective August 9, 2022:
• Edmund Suen, Finance Director/Treasurer
• Mimi Lam, Financial Services Manager
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize that any checks issued would require two authorized signatures from the names listed above. 93 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 1st day of August 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
94 DATE: August 1, 2022

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

VIA: Stefan Chatwin, City/District Manager

FROM: Edmund Suen, Finance Director

SUBJECT: RESOLUTIONS UPDATING THE AUTHORIZED SIGNATORIES

FOR DEPOSITING AND WITHDRAWING FUNDS WITH THE
LOCAL AGENCY INVESTMENT FUND ("LAIF") EFFECTIVE
AUGUST 9, 2022

RECOMMENDATION

It is recommended that the City Council/District Board approve the attached resolutions updating the authorized signatories for depositing and withdrawing funds with the Local Agency Investment Fund ("LAIF") effective August 9, 2022.

EXECUTIVE SUMMARY

The City/District invests funds with LAIF. Due to the upcoming retirement of Assistant Finance Director Fiti Rusli, there is a need to update the authorized signatories for investment activities with LAIF. The attached resolutions are necessary to meet LAIF's authorization requirements and duly authorizes Edmund Suen (Finance Director/Treasurer) and Mimi Lam (Financial Services Manager), as individuals authorized to deposit and withdraw funds from LAIF. 95 BACKGROUND AND ANALYSIS
With the upcoming retirement of Assistant Finance Director Fiti Rusli, staff is recommending Mimi Lam as her replacement signatory effective August 9, 2022 for making deposits and withdrawals of funds from LAIF. The approval of the attached resolutions allows for an uninterrupted transition and facilitates business continuity.

FISCAL IMPACT

There is no fiscal impact associated with this report.

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. It allows for business continuity within the City organization.

Attachments:
 Attachment 1 - City Resolution
 Attachment 2 - District Resolution
96 RESOLUTION NO.________

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

AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND

CITY OF FOSTER CITY
WHEREAS, pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasurer for the deposit of money of a local agency for the purposes of investment by the State Treasurer; and
WHEREAS, the City Council does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated herein as in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein.

BE IT FURTHER RESOLVED that the following City officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund effective August 9, 2022:

Edmund Suen
Finance Director/Treasurer
____________________
Mimi Lam
Financial Services Manager
________________________
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City, at the Regular Meeting held on the 1st day of August 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

PRISCILLA SCHAUS, CITY CLERK
__________________________

RICHA AWASTHI, MAYOR
97 RESOLUTION NO.___________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL

AGENCY INVESTMENT FUND

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasurer for the deposit of money of a local agency for the purposes of investment by the State Treasurer; and
WHEREAS, the Board of Directors does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated herein as in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein.

BE IT FURTHER RESOLVED that the following District officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund effective August 9, 2022:

Edmund Suen
Finance Director/Treasurer
_____________________
Mimi Lam
Financial Services Manager
________________________
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City, at the Regular Meeting held on the 1st day of August 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: __________________________
RICHA AWASTHI, MAYOR__________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY
98 DATE: August 1, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Vanessa Brannon, Senior Management Analyst
Yelena Cappello, Deputy City Clerk

SUBJECT: APPOINTMENT OF FIVE CITIZENS, ONE YOUTH MEMBER,

ONE REPRESENTATIVE OF A NON-PROFIT AND MAJOR

EMPLOYER TO THE CITIZENS SUSTAINABILITY ADVISORY

COMMITTEE

RECOMMENDATION

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

1. Appoint five Resident Members to a two or three-year term on the Citizens Sustainability Advisory Committee;

2. Appoint one Youth Member to a two or three-year term on the Citizens Sustainability Advisory Committee;

3. Approve selection of one representative of a Non-Profit based on City Staff’s recommendations and Sustainability Subcommittee Council liaisons’ feedback and advice and appoint Non-Profit Member to a two or three-year term on Citizens Sustainability Advisory Committee; and

4. Approve selection of one representative of a Major Employer based on City Staff’s recommendations and Sustainability Subcommittee Council liaisons’ feedback and advice and appoint Major Employer Member to a two or three-year term on Citizens Sustainability Advisory Committee.

99 EXECUTIVE SUMMARY

The purpose of the Citizens Sustainability Advisory Committee is to advise the City Council on sustainability issues facing Foster City regarding Environmental, Economic, or Social sustainability and research, review, and provide comments on proposed programs and initiatives, including the updated Climate Action Plan.

The Citizens Sustainability Advisory Committee was established by City Resolution No. 2022-46 at the May 2, 2022 City Council Regular Meeting. A notice of vacancy was advertised for six weeks; additionally, staff conducted direct outreach to businesses and non-profits. Staff received six resident applications and two youth member applications. Additionally, staff offered invitations directly to one major employer and one non-profit, to fill those seats, respectively.

BACKGROUND/ANALYSIS

The Citizens Sustainability Advisory Committee was established by City Resolution No. 2022-46 at the May 2, 2022 City Council Regular Meeting. Per the Policy Statement of the Committee, membership is as follows:
 Five (5) Foster City Resident voting member seats; and  One (1) Foster City Resident youth voting member seat; and  Two (2) In-town Business voting member seats:
o One (1) business voting member should be from one of the City’s major employers
o One (1) business voting member should be from one of the City’s small businesses
 One (1) In-town Non-Profit voting member seat

According to the Policy Statement, generally, each member of the Committee will serve a term of three (3) years beginning on the date of the member’s appointment by the City Council. However, because this is the first year of the Committee’s existence, the selection of the Members will be for either two or three-year terms in order to stagger the terms of office.

The Policy Statement provides that the City Council will select four of the Members appointed to the committee to serve an initial two (2) year term and the remaining Members for three (3) year terms. All appointments after this 100
initial appointment will be for three (3) year terms.

A notice of vacancy to fill full terms on the newly created Citizens Sustainability Advisory Committee was advertised in the local newspapers, the City's electronic newsletter, and posted on social media, and displayed on the City's website for six (6) weeks with the application deadline of June 30, 2022. The following residents (listed in alphabetical order) have submitted applications:
 Victoria Blackman
 Shilpi Goel
 Ronald Haupt
 Maxwell Kwan
 Nilofer Motiwala
 Lawrence Staley

Two applications were received for the youth member seat. The applicants are:
 Siddharth Godi
 Struti Goel

Additionally, as outlined in the May 2, 2022 Staff Report, Staff sent out invitations to one of the City's large business employers and non-profits.

Pursuant to the Policy Statement of the Committee, the five (5) Resident Members and one (1) Youth Member shall be selected through an application and the City Council selection process. The two businesses and non-profit seats will be selected by City Staff with advice and feedback from the Sustainability Subcommittee Council liaisons, and final approval of the City Council.

City staff recommends, with feedback and advice from the the Sustainability Subcommittee Council liaisons, the following for the City’s major employer and non-profit:

101
Member Seat Name Other
Non-Profit Marah Curry Representing the Foster
City Chamber of
Commerce; Previously
served on the
Environmental
Sustainability Task
Force in 2008-2009 as a
Foster City resident
Major Employer Nicole Kho Representing Gilead
Sciences; Director of
Sustainability for Gilead
Sciences

Staff reached out to the Chamber of Commerce for assistance filling the small business member seat. Unfortunately, at the time of this meeting, we could not find a representative for that seat. However, Staff will continue to pursue a representative for the Small Business Member Seat.

Additionally, although the representatives for the Major Employer and Non- Profit would be appointed by name to the Citizens Sustainability Advisory Committee, there is a desire from the Gilead representative to secure an alternate to ensure continuity if the person appointed is unable to attend a meeting. The alternate will also be brought before City Council for appointment consideration.

All applicants have been invited to attend this City Council meeting.

FISCAL IMPACT

There is no fiscal impact.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
Climate Action Planning and corresponding outreach efforts align with the "Innovation and Sustainability" and “Improved Community Engagement” Value/Priority Areas.

Attachments:
102
 Attachment 1 - News Release
 Attachment 2 - Resident Committee Applications
 Attachment 3 - Youth Member Committee Applications
 Link - May 2, 2022 Staff Report - Establishing a Citizens Sustainability Advisory Committee
103

NEWS RELEASE
The City of Foster City
Priscilla Schaus, Public Information Officer
[email protected]; (650) 286-3250

FOR IMMEDIATE RELEASE
Press Release #051922-01
Citizen Advisory Committees Recruiting Now
Contact: Priscilla Schaus, Communications Director/City Clerk, (650) 286- 3250, [email protected]
Foster City, CA; May 19, 2022 – Foster City residents willing to help improve the local quality of life are needed to serve their community by volunteering time and expertise to filling vacancies on the two following citizen advisory committees:
 Citizens Sustainability Advisory Committee: Residents with a passion for sustainability are encouraged to apply to join the Citizens Sustainability Advisory Committee (CSAC).

CSAC will serve in an advisory capacity at the pleasure of the City Council, providing feedback and comment on issues facing Foster City regarding environmental, economic, or social sustainability. Additionally, CSAC can research, review, and provide comments on proposed sustainability programs and initiatives.

Five vacancies, with either two- or three-year terms based on City Council discretion, are open for Foster City residents who are at least 18 years old. Additionally, there is one vacancy available for a youth member-at-large, who is under 18 years old and is entering or already in grades 9 through 12.

Those interested are invited to submit applications by 5:00 p.m. on Thursday, June 30, 2022. Applicants are required to attend the August 1, 2022 City Council meeting for consideration of official appointment. Subject to public health conditions, applicants may be invited to join the meeting via teleconference. For more information and to download an application, visit www.fostercity.org/bc-csac. Return completed applications by email to [email protected]. Please note that incomplete applications will not be accepted.  Traffic Review Committee: Foster City residents who are interested in addressing traffic and transportation issues should apply to the Traffic Review Committee. The Committee receives and reviews appeals or requests from citizens or staff regarding traffic matters and makes recommendations to the City Council.

ATTACHMENT 1
104
There is one partial vacancy with a term ending December 31, 2022 open for a Foster City resident.

Those interested are invited to submit applications by 5:00 p.m. on Thursday, June 23, 2022. Applicants are required to attend the August 1, 2022 City Council meeting for consideration of official appointment. Subject to public health conditions, applicants may be invited to join the meeting via teleconference. For more information and to download an application, visit www.fostercity.org/bc-trc. Return completed applications by email to [email protected]. Please note that incomplete applications will not be accepted.

###

105
106
107
108
109
110
111
112
113
114
115
116
117
Youth Member – Citizens Sustainability Advisory Committee Application for Appointment by City Council
Please return completed applications to:

Communications/City Clerk Department
610 Foster City Boulevard
Foster City, CA 94404
(650) 286-3250
Return Completed Application by:

June 30, 2022, at 5:00 PM
For more information, visit www.fostercity.org
Please print clearly
Name: ____________________________________________________________ Birthdate: __ __________________ Address: ____ _______________________________________________________________________________ Phone: ______ ____ ___________________ Email: __ _______________________________ School and Grade: _____________________________________________________________________________________________ Extra-curricular activities: _______________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ Why do you want to be a Youth member for the Citizens Sustainability Advisory Committee? _________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ What do you feel you can offer as a Youth member of this committee? ___________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ Requirements
As a Youth member of the Citizens Sustainability Advisory Committee, you must:

1. Be a resident of Foster City.

2. Be currently entering or already in grades 9 through 12.

3. Be available for meetings on the second Wednesday of the month at 6:30 to 7:30 PM.

4. Be willing to attend additional meetings as necessary.

RECEIVED
2022 - June - 21 12:22 PM
City of Foster City/Estero Municipal
Improvement District
ATTACHMENT 3
118
Youth Member - Citizens Sustainability Advisory Committee Application for Appointment by City Council
Please return completed applications to:

Communications/City Clerk Department
610 Foster City Boulevard
Foster Cify, CA 94404
Return Completed Application by:

June 30, 2022, at 5:00 PM
(650) 286-3250 For more information, visit www.fostercity.org Please print clearly
Name: Siddharth Gogi Birthdate:

Address: Foster City
Phone: 650- Email:

School and Grade: Entering 10th grade at San Mateo High School Extra-curricular activities: I am an attorney on my school's Mock Trial Team, a guitar player in the Jazz Band, and a member of the tennis team.

Why do you want to be a Youth member for the Citizens Sustainability Advisory Committee? I have always been interested in sustainability- especially regarding our environment, and have done some research on the topic of climate change (Around 1.5 years ago, I turned vegan largely because of this reason). Additionally, I have been learning a lot about policy, economics, morality, and how it plays into today's society. I've lived in Foster City my whole life, and as a result, I'm very invested in its growth and sustainability- which is why I recently attended the 2022 Earth Day Clean Up.

What do you feel you can offer as a Youth member of this committee? As a youth constituent, I would assist fellow comittee members in their research, and provide insight into how any programs and initiatives might affect Foster City's younger citizens. By drawing from my own experiences and research, I could help comment on and review sustainability proposals for the city. I am an efficient worker with lots of experienceworking within a team., and because of this, I would provide the comittee with a well-informed youth perspective.

Requirements
As a Youth member of the Citizens Sustainability Advisory Committee, you must:

1. Be a resident of Foster City.

2. Be currently entering or already in grades 9 through 12.

3. Be available for meetings on the second Wednesday of the month at 6:30 to 7:30 PM.

4. Be willing to attend additional meetings as necessary.

RECEIVED
2022 - June - 30 4:30 PM
City of Foster City/Estero Municipal
Improvement District
119

DATE: August 1, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Community Development Director Marty Cooper, Chief Building Inspector

SUBJECT: POLICY DIRECTION FOR LOCAL ELECTRIC VEHICLE (EV)

AND ENERGY REACH CODES DEVELOPMENT SUPPORT

SERVICES

RECOMMENDATION

It is recommended that the City Council provide direction, by Minute Order, on whether or not to adopt Reach Codes and which of the following options should be considered regarding consultant services to conduct analysis on the economic impacts and engineering infrastructure impacts of adopting Reach Codes:

1. Receive and accept this report and take no action; or

2. Return to City Council for authorization to issue an Request For Proposals (RFP) for consultant services to perform said work; or

3. Return to City Council for execution of an agreement with ID360 for consultant services to perform said work.

EXECUTIVE SUMMARY

Every three (3) years, cities and counties across California adopt new Building Standards Code (Standards) or Title 24 of the California Code of Regulations. This regular update is referred to as a “code cycle.” The next code cycle will be effective January 1, 2023. Cities can also choose to adopt local Reach Codes. A Reach Code is a local building energy code that goes 120
beyond the state minimum requirements for energy use in building design and construction, creating opportunities for local governments to pave the way for clean air, reduce greenhouse gas emissions (GHGs), address climate change, and renewable energy solutions. Most cities update local building codes including Reach Codes concurrently with state-required adoption of the 2022 standards. Cities and counties that adopt local Reach Codes to implement specific electrification or energy efficiency measures that exceed the state code requirements would need to file with the California Energy Commission (CEC). Currently, the City of Foster City enforces the state of California Energy Code and California Green Building Standards Code (CalGreen). These are the minimum energy and sustainability standards required by the Building Standard Commission (BSC) and the California Public Utility Commission (CPUC).

During a recent Economic Development/Sustainability Subcommittee (“Subcommittee”) meeting, the Subcommittee requested City staff to bring this item forward to the City Council for their consideration. City staff is requesting policy direction from the City Council regarding the adoption of Reach Codes and whether to contract for consultant services to conduct analysis on the economic impact and engineering infrastructure impacts of adopting Reach Codes in the City for existing residential buildings, new residential buildings, existing commercial/industrial buildings, and new commercial/industrial buildings.

BACKGROUND

The City Council at their October 21, 2019 meeting directed that City Staff do further research and, in conjunction with Peninsula Clean Energy (PCE), develop Reach Codes specific to the local conditions of Foster City. City staff met with PCE on December 11, 2019, prior to the Subcommittee meeting of January 27, 2020. The Subcommittee asked City staff to analyze options and do some level of cost analysis for the different options in order to understand the impact of Reach Codes on homeowners and businesses. Building Division Staff contacted a local energy Reach Code consultant to determine the costs to commission the above referenced energy savings and cost analysis studies. Options discussed included adoption of an Ordinance to require electrification of existing buildings during remodel, tenant improvements, or new construction and provisions for private and public Electric Vehicle (EV) charging stations. There was also discussion related to a voluntary electrification policy and providing incentives to promote electrification. On July 27, 2020, through a memorandum to the Interim City 121
Manager, staff conveyed that the total estimated cost to the City for Reach Code Development Support Services would be approximately $90,000. With the Emergency Declaration of the COVID-19 pandemic, City staff was directed to shift its priorities and put a hold on Reach Code related initiatives.

On May 24, 2022, the Subcommittee met and resumed its discussion on the implementation of Reach Codes. The Subcommittee requested City staff to move forward with seeking policy direction from the entire City Council.

ANALYSIS

Beginning January 1, 2023, the following new state regulations will be implemented, which include:

Regulations to increase building energy efficiency while staying cost- effective for building owners over the lifespan of a building. For single- family homes, the 2022 California Energy Code requires changing from using natural gas furnaces to electric heat pumps to heat new homes. All domestic hot water piping must be insulated, and requirements are added when gas water heaters are installed to support future heat pump water heater installation. There are requirements for kitchen hoods dependent upon whether a range is run by electricity or natural gas. The single-family home must have the infrastructure in place to install Energy Storage Systems (ESS), Heat Pump Space Heater, Electric Cooktop, and Electric Clothes Dryer. Heat pumps are mandated for multifamily residences and businesses for water and space heating. This will increase energy efficiency, reduce GHGs, and enable load flexibility.

The 2022 California Energy Code extends solar systems and introduces battery storage standards for the following building types:
 High-rise multifamily (apartments and condos)
 Hotel-motel
 Tenant space
 Office, medical office, and clinics
 Retail and grocery stores
 Restaurants
Adoption of Reach Codes beyond what is mandated by the State can be enacted by the City of Foster City upon approval of an Ordinance by the City Council. Local governmental agencies can modify California Energy 122
Code and CalGreen Code to be more stringent when documentation is provided to the California Building Standards Commission and the CEC. Any adoption of a local ordinance that includes such energy standards (voluntary or mandatory measures) would need to be submitted to the CEC. Public Resources Code Section 25402.1(h)2 and Section 10-106 of the Building Energy Efficiency Standards establish a process which allows local adoption of energy standards that are more stringent than the statewide standards.

This process allows local governmental agencies to adopt and enforce energy standards for newly constructed buildings, additions, alterations, and repairs to existing buildings provided the CEC finds that the standards will require buildings to be designed to consume no more energy than permitted by Title 24, Part 6.

Reach Codes promote building and transportation electrification measures with the goal of reducing GHG emissions. They may include ‘Prescriptive’ codes that mandate one or more specific energy measures or ‘Performance’ codes that require a building to perform more efficiently based on accepted computer modeling and allowing trade-offs between energy efficiency measures, thereby providing more flexibility. Adoption of Reach Codes would mandate an increased cost of construction and building maintenance onto property owners and businesses, along with requiring additional ongoing internal jurisdiction resources be allocated to the City of Foster City Community Development Department (CDD).

As noted previously, the next edition of the California Building Standards is effective January 1, 2023. In anticipation of the new state regulations, CDD Staff contacted a Local Energy Reach Code consultant (Melanie Jacobson, of Integrated Design 360 - ID360), to determine the estimated cost to commission Reach Codes and perform state mandated energy savings and cost analysis studies.

Adoption of a local ordinance that mandates Reach Codes and includes energy standards, would need to be submitted to the CEC. The documentation would contain the local energy standards and supporting analysis on the energy savings with the cost effectiveness of the local regulations. The applicable state laws can be found at: California Energy Standards §10-106 - Locally Adopted Energy Standards, along with Public Resources Code Sections §25402.1, §21080.4, and §21153.

The Reach Code consultant would help to develop a Local Energy Reach Code Ordinance. The content and scope of the Ordinance is yet to be 123
determined, but will be based upon stakeholder input from the Foster City residents, property owners, businesses, and potential developers. Based upon stakeholder input, economic analysis, and the engineering study, the Reach Code Ordinance could include such measures as:
 Performance requirements for mixed fuel and all-electric buildings;  Performance requirements for mixed-fuel only (no requirement for all- electric designs);
 CALGreen Tier 1: Residential and Nonresidential measures;  Third party green building certification, including energy audits at time of listing, sale, or remodel;
 Sustainable roofs (PV, solar thermal or vegetative roof);  Increase the number of “EV-Capable” and/or “EV-ready” parking spaces beyond mandatory CALGreen requirements for private and public improvements;
 Bay Area Water Supply and Conservation Agency (BAWSCA) Model Water Efficient Landscape Ordinance (MWELO).

The consultant would provide support services to develop the cost- effectiveness studies necessary to file with the State. The consultant would also meet with the Subcommittee, conduct community outreach, prepare engineering studies, and draft an Ordinance and present their findings to the City Council. After adoption of the Reach Code Ordinance, the consultant would represent the City of Foster City before the CEC.

If the City Council directs staff to prepare and adopt Reach Codes, there could be a fiscal impact associated with the additional resources needed for implementation of Reach Codes. Reach Code measures incorporated into building design and construction would require additional staffing to plan check, document, and enforce the adopted Reach Codes. As an example, the City would need to hire a permanent full-time energy Plans Examiner who is also a Certified Energy Inspector. Alternatively, the City could contract with an outside agency for a full-time energy Plans Examiner who is also a Certified Energy Inspector. The charges for these services could be passed through to the property owners or businesses.

The City Council may consider the following options to provide policy direction to staff as it relates to Reach Codes:

Option #1 – No Action
Should the City decide not to take any action on the adoption of Reach 124
Codes, the current or any new energy efficiency standards prescribed by the State would remain applicable. Under the current State code requirements, a homeowner or developer may ‘voluntarily’ incorporate any number of higher energy efficiency and sustainability standards above and beyond the mandatory measures prescribed in the state codes.

Option #2 – Authorize the issuance of a Request for Proposals (RFP) for Reach Codes consultant services inclusive of developing and adopting a Local Energy Reach Code Ordinance and performing an electrical capacity study of the City of Foster City. In conjunction with the City of Foster City Climate Action Plan (CAP) policy development, the consultant would provide consulting services to support the City to adopt a Local Energy Reach Code Ordinance achieving energy efficiency.

If an RFP is approved by the City Council, the scope of the RFP would include program initiation and project management, research and community outreach, neighborhood by neighborhood electrical capacity study, development of draft policy criteria, support for local policy adoption and implementation, liaison with the State Agency for approval, ongoing permit application technical support. City staff would return to City Council with the RFP and a resolution seeking authorization to issue the RFP.

Option #3 – Accept the proposal from ID360 (Attachment 1), who has been involved with several similar local reach codes in neighboring cities including the Cities of Palo Alto, San Mateo, and Menlo Park. City staff will then return to City Council with a contract for approval without issuing an RFP.

CONCLUSION

Reach Codes create opportunities for local governments to pave the way for clean air, reduce greenhouse gas emissions (GHGs), address climate change, encourage renewable energy solutions and reduce our carbon footprint. Electrification can transition from burning natural gas and other fossil fuels to power provided by clean, carbon-free sources of electricity. However, the CEC, who writes the California State Energy Code (the most stringent and advanced in the nation) does not believe that we as a state are at the “tipping” point yet where a full electric home pencils out with upfront cost and energy usage. Hence, their 2022 requirement is for homes to be only ‘electric ready.’ In addition, the 2025 California Energy Code will continue to improve upon the 2022 California Energy Code for new construction of, and additions and 125
alterations to, residential and nonresidential buildings. These standards will be developed through stakeholder input from local jurisdictions, investor- owned utilities, municipal utilities, community-shared solar and renewables advocates, environmental advocates, solar PV and battery storage manufacturers, the CPUC, the California Air Resources Board (CARB), and members of the public, among others representing a variety of viewpoints and interests to achieve consensus on the California Energy Standards.

CEQA

This item is not a project subject to the California Environmental Quality Act (CEQA), because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

FISCAL IMPACT

For Options #2 or #3 discussed above, a cost-effectiveness study needs to be conducted to analyze costs associated with building design strategies that are more stringent than the upcoming California Energy Code prior to implementation. The ID360 proposal (Attachment 1) includes code development, public outreach, stakeholder input, drafting the Ordinance, and representation before the CEC. ID360 is proposing to contract on a time and materials basis for labor and travel per diem expenses. Based upon the proposal, the cost to the City for Reach Code Development Support Services is initially estimated to be $122,322.

Additional costs are anticipated with implementing Reach Code measures, including additional staffing, such as a full-time Plans Examiner to plan check, document, and enforce the proposed Reach Codes and a Certified Energy Inspector. Alternatively, the City could contract with an outside agency for a full-time energy Plans Examiner who is also a Certified Energy Inspector. The charges for these contract services would be passed through to the property owners or businesses.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

Consideration of this policy is consistent with the City Council's "Innovation and Sustainability" Value/Priority area insofar as it promotes implementation of measures to address GHGs and address climate change.

126

Attachment:
 Attachment 1 - Integrated Design 360 Proposal for Consulting Services

127
1 Sub: May 06, 2022
Rev: May 17, 2022
Consulting Services for Developing a
Local Green Building Standard
Ordinance “Reach Code”

STATEMENT OF WORK
City of Foster City
Web
www.ID360.green
Email
[email protected]
Phone
650.830.0042
Attachment 1
128

2 TABLE OF CONTENTS A – Cover Letter B – Executive Summary C – Company History, Background and Experience D – Scope of Work Implementation E – Project Budget F – Consulting Team G – Subcontractor Resume 3 4 5 13 18 24 26 28
129

3 To: Marty Cooper, City of Foster City From: Melanie Jacobson, ID360 Date: 05/17/2022 Re: City of Foster City Energy Reach Code Proposal Dear Marty, Thank you for the opportunity to submit a proposal to support the City of Foster City in developing a custom reach code that is reflective of the electrical capacity in your city. Enclosed is our Statement of Work inclusive of developing and adopting a local energy reach code and a performing an electrical capacity study of the city. Once we get started, we will need approximately 12 months to complete Tasks 1-4 and 6. For Task 5, we will begin after policy adoption to support with initial enforcement. Thank you for the opportunity to serve the City of Foster City! Primary Contact for this Proposal: Company: ID360 Name/Position: Melanie Jacobson, LEED AP + BD&C, Principal Phone: 650.830.0042 ext. 01 Email: [email protected] Mailing address: Integrated Design 360 LLC 809 Laurel Street #308 San Carlos, California 94070 This proposal is valid for six (6) months. Best regards, Melanie Jacobson Principal A. Cover Letter
130

4 B. Executive Summary The City of Foster City is in a continued state of economic growth and development opportunity. The future of Foster City focuses on innovation, technology, and sustainable development. The facilities built within the City must be a reflection of the City’s environmental commitment. The City of Foster City is committed to being a leader in environmental sustainability and has adopted a local Climate Action Plan. The City is currently considering the adoption of a local energy reach Code. If adopted, the energy reach code would align with the 2022 California energy code. The City is seeking consulting services to assist staff in developing and adopting policies to meet the energy reach code goal. Integrated Design 360 LLC is pleased to provide a Time-and-Materials Statement of Work for advisory, policy development, and other services to assist the city staff. We will provide local green building and energy reach code ordinance development support for the 2022 building code cycle. The scope includes providing technical support to develop ordinance language and present to City Council for adoption. The ID360 Team will collaborate with city staff and stakeholder groups in creation of new green building and energy policies and guidelines that forward the City’s vision to be a leader in sustainable development. We will draw on best-in-class examples and latest advances in technology to promote this goal. We will use exceptional writing and communication skills to craft and articulate these policies and guidelines. The approach includes the project management and support services required to adopt a local energy reach code. See Chapter D scope of work implementation containing the details on activities and deliverables. 131

5 C. Company History, Background and Experience
ID360 Information ID360 is an experienced green building consulting firm offering Sustainable Policy & Programs and Sustainable Building Services to City governments across California and the United States. ID360 provides a range of services including local policy development, program management, stakeholder engagement, CALGreen compliance services and, plan check and inspection. Located in Menlo Park, CA, ID360 is proud to be a certified, women-owned small business, utilizing integrated, collaborative processes to improve building performance and government organizational processes. Melanie Jacobson, Principal, founded ID360 in 2011. ID360 has a Dunn & Bradstreet Account with a DUNS number of 83-849-8504. The local organizational structure includes the company’s Principal, Melanie Jacobson, acting as the Principal and Sponsor, with a Program Manager, Project Manager, and Associate assigned to fulfill project commitments.

Project Manager Technician
132

6 ABOUT ID360
ID360 is a Menlo Park-based sustainability consulting company with a focus on innovative sustainable design policy, community program development, green building project management, contract education, and strategy consulting. We are experts in green building codes, rating systems, and municipal green building and sustainability programs. We have developed local ordinances and community programs for several local jurisdictions in California including the cities of South San Francisco, Palo Alto, San Luis Obispo, Menlo Park, Foster City, and San Mateo. We utilize integrated, collaborative processes to improve efficiency for buildings and government organizations. We lead in climate change, sustainability, green building, energy efficiency, water efficiency and resilience. Our firm offers a high-quality and on-demand Virtual Help Desk as a green building community program. The Help Desk supports building permit applicants on behalf of the green building program for a city's building department staff. We have worked with several private sector clients to advance their sustainability goals including Safeway, Inc., Alexander and Baldwin, Vantage Data Centers, and Hensel Phelps Construction Co. ID360 is a Woman-Owned Small Business (WOSB), Small Business Enterprise (SBE), and Disadvantage Business Enterprise (DBE). We are fully certified by the state and federal government. Melanie Jacobson, Principal founded ID360 in 2011.

We are all about decarbonizing our buildings and communities. Projects Ordinances Community Programs Certifications 1M metric tons of CO2 emissions reduction 102M gallons of water saved 18M BTU of energy saved SERVICES • Policy Development & Adoption • Green Building Certification & Wellness Consulting • Community Program Development & Implementation • Green Building Virtual Help Desk • Local Government Operational Support • Community College Partnerships & Industry Exam Preparation 133

7 Services

Supporting City Managers, Planning Directors, Building Officials, and Public Works Directors in Demonstrating Green Building and Sustainability Leadership! 134

8 Sustainable Policy and Program Services
Sustainable Policy and Program Services
Supporting organizations in fulfilling sustainability goals. Sustainability & Climate Action Implementation Support Services We offer sustainability and climate action plan implementation services to clients enabling organizations to fulfill on their sustainability objectives. Our services are flexible to meet the needs of our customers. .

Policy Development & Facilitation Support Services We support the development of new local policy to reflect the community commitment to sustainability, climate change, green building, electrification, electric vehicles, and Construction & Demolition. and resilience.

Staff Extension Support Services Some specific initiatives do not require new staff but instead would be better fulfilled by professional program managers. Our staff is available for program management via on-site or remote services. Strategy & Governance Strategic services to assist senior management in developing and creating innovative solutions to complex challenges. Program Management Sustainability program support services to turn sustainability and climate action visions into reality. We create intelligent systems to fulfill on program requirements. Project Management Project Management services aimed to deliver projects on-time and on-budget.

Policy Support Support the development of local policies around sustainability, green building, climate change, and resilience. Stakeholder Engagement Coordination support for stakeholder groups tasked at producing a measurable result. Stakeholder Meeting Support Strategy and technical support to conduct and facilitate stakeholder meetings or when speaking before elected officials.

Virtual Green Building Help Desk Professional staff ready to take questions and facilitate results for public customers. Education & Outreach Support Professional education & outreach to support community engagement. Plan Check Support & Training Technical Plan check to enforce codes and standards. Inspection Support & Training Field inspection to enforce codes and standards. 135

9 Clients
Public Sector Clients

Demonstrating Leadership in Climate Change and Sustainability From decarbonizing buildings to implementing new bold policies, ID360 provides consulting services to help fulfill sustainability goals and position your organization and community as a sustainable leader for the future. 136

10 We have developed an innovative service model to support our clients using our Virtual Help Desk for Sustainable Community Programs.

Helping City Officials Lead and Administer Sustainability Programs with Confidence The ID360 staff has been working on green building and energy regulations with local city officials on the SF Peninsula since 2014. The rapidly changing economics and policies related to green building and energy codes can seem like a moving target to city leaders. The changing policies increase the environmental stewardship responsibilities of city officials while staff seem to have less and less time to devote to these complex challenges. Community members are requesting staff attention be put on these subjects and city officials are seeking methods to lead in the community. ID360 has developed the Green Carpet Service for City Officials by leveraging our expertise, technology, and superior customer service to provide exceptional resources regarding green building and energy related codes. We are here to help your staff lead and are always available when you need us! Virtual Help Desk
Example Virtual Help Desk Visit www.greencarpetservice.com/COPA to view example active site. 137

11 Our Green Building Officials Are On-Demand at Your Service! ™ We know it isn’t easy keeping up with the ever-changing sustainability guidelines, rules and regulations of the building industry. We are here to help! We provide expert and reliable technical support and are on-call and ready to help.

Applicant
Email
Help Desk Tickets & Next Business Day Response Time
Live Chat Monday-Friday 9am - 12pm PST, excluding holidays Virtual Help Desk
138

12 ID360 Academy
In partnership with the College of San Mateo, we can offer a Green Building Certificate to your staff to help them stay up to speed to implement the city’s innovative policies! Keep your staff up to date with our comprehensive 4-day bootcamp to teach building officials, plan checkers, and special inspectors about the California Green Building reach codes and code compliance. We are here to help! Enterprise pricing available Established 2020
139

13 D. Scope of Work and Implementation
Background The City of Foster City staff and community members are committed to environmental sustainability and the proposed local reach code is a reflection of this commitment for facilities built within the city. Goal The goal of this scope of work is to provide policy development and adoption consulting services to support the City to adopt a local energy reach code ordinance in accordance with the requirements of the California Energy Commission (CEC) and reflective of the local building department permit data. The top priority is to ensure the reach code will achieve long-term goals within the City’s Climate Action Plan (CAP) and ultimately result in new development in the City projects achieving energy efficiency. Activities The Workplan is organized into the following tasks and is based on the RFP and our experience in developing similar policies: • Task 1 – Program Initiation and Project Management • Task 2 – Perform and Report Initial Research • Task 3 – Community Outreach & Develop Draft Policy Criteria • Task 4 – Local Policy Adoption, State Agency and Rollout • Task 5 – Permit Applicant Technical Support • Task 6 - Electrical Capacity Study 2022 2023 TaskQ3 Q4 Q1 Q2
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6

SCHEDULE
140

14 TASKS SCHEDULE ESTIMATE
# Task Name DurationTotal Hours
Task 1 - Program Initiation & Project Management 34.0 a
o Project Definition Meeting & Develop Schedule: Organize and attend a project definition conference call with the City staff project lead to discuss strategy and overall project. Assumes meeting prep with Agenda, attend meeting, and deliver meeting minutes and project schedule. 1 week 12.0
b
o Project Kick-off: Organize and attend a project Kick off with City Staff to discuss the project scope, goals, timeline and deliverables. Assumes meeting prep with Agenda and PowerPoint, attend meeting, and deliver meeting minutes. 1 Day 12.0 c
o Progress Meetings: Attend a monthly project meeting with City Staff to discuss progress to date on the Workplan and address any coordination items and technical requirements. Monthly 10.0
Task 2 - Perform and Report Initial Research 40.0 d
o Preliminary Policy Analysis Report: Collaborate with City Staff to obtain relevant permit data of the past two calendar years. Perform an analysis of the permit data and suggest permit type(s) that would be most relevant for application of an energy reach code in the City. The report will cover relevant state and local building codes and best practices related to building electrification and energy efficiency of new and existing buildings. The report will contain a range of energy saving building policies feasible for implementation in climate zone 16.
1 week 23.0
e
o Presentation, Meeting Materials, and Attend City Council Session: Provide a memorandum summary of the permit data analysis and energy reach code policy summary suggestions for the City Council study session. The style of content will target a non-technical audience without specialized knowledge in energy codes. Provide content for 12-15 PowerPoint slides to support the meeting. 1 Day 17.0 Task 3 - Community Outreach and Develop Draft Policy Criteria 125.0 f
o Industry Stakeholder Engagement Meetings Agenda Development, Marketing, and Technical Support: Attend and facilitate two (2) 90-minute industry stakeholder engagement meetings with local contractors, architects, and building owners for gathering feedback on the energy reach code regulation. For each meeting the following will be prepared: a) community meeting agendas, b) powerpoints, c) "Event Brite" webpage for signup, d) email blast to stakeholders e) correspondance with community members via email as directed by City staff, f) meeting minutes. Assemble results into a summary table and narrative paragraphs to use in the staff report. 8 weeks 17.0
ID360 WORKPLAN: POLICY DEVELOPMENT & ADOPTION
141

15 g
o Community Engagement Meetings Agenda Development, Marketing, and Technical Support: Attend and facilitate two (2) 90-minute community member engagement meetings with local members of the Community for gathering feedback on the energy reach code regulation. For each meeting the following will be prepared:
a) community meeting agendas, b) powerpoints, c) "Event Brite" webpage for signup, d) email blast to stakeholders e) correspondance with community members via email as directed by City staff, f) meeting minutes. Assemble results into a summary table and narrative paragraphs to use in the staff report.
8 weeks 17.0
h
o Develop Policy Direction Matrix with 'strawman' model code regulation in Excel and Update throughout Tasks 2 and 3: Using the list of ideal policy requirements from City Staff, create the outline of the policy language to be used as a baseline. The matrix is a tool to house and think through the details of the possible model code language, the interested community organizations, educational aspects, compliance process, related municipal code sections, etc. The matrix will house the cost- effectiveness results (developed by others). The intent will be to update and revise the document as the project evolves. Assumes initially one iteration and three (3) round of comments and updates. 6 weeks 26.0
i
o Policy Development, Cost-Effectiveness & Research Support: Coordinate project content to align with the results of the cost-effectiveness study. Cost-effectiveness study to be performed by others. Perform policy research to support the changes to the policy criteria in the local municipal code. Perform State and Federal policy research for amendment to the State code within the municipal code. Communicate with State and Federal agency staff, as needed, regarding the evolving policy development direction. 4 weeks 23.0
j
o Statewide Cost-Effectiveness Study Analysis and Local Electrical Capacity Study:

Perform policy research and analysis on the results and recommendations from the 2022 Statewide Cost-Effectiveness Studies for New Construction with respect to local stakeholder input. Provide feedback and recommendations on next steps in summary memorandum.Provide data collection support for a local electrical capacity study. The City will pursue to develop a localized cost-benefit and economic impact analysis (to be performed under task 6). 4 weeks 42.0

65.0 k
o Codification Support: Deliver the Final Policy Matrix to the project team. Attend one meeting with City Staff to finalize the regulation requirements in coordination with the cost-effectiveness consultant. The final version in the Policy Direction Matrix will house the final model code language. It is assumed that the final code will be written and approved by the City Attorney. 3 weeks 23.0
Task 4 - Local Policy Adoption, State Agency Approval, Rollout 142

16 l
o Staff Report Writing & City Council Meeting Technical Support for Code Adoption/Public Hearing: Provide technical writing support to assemble Staff Report for model code language. Provide PowerPoint Presentation for Council meeting. Attend one City Council meeting and provide presentation support to City Staff for code adoption. Assumes City Council packet is due six weeks prior to City Council meeting.

Assumes PowerPoint Presentation is due two weeks prior to City Council meeting. 8 weeks 27.0
m
o Submittal to the California Energy Commission: Provide technical writing support to assemble a cover letter to be sent by City Staff to the California Energy Commission.

Work with staff to obtain a wet signature to the City Council approved ordinance. The Submittal to the CEC shall include the Cover letter, Staff Report, Ordinance with wet signatures, and the Cost-Effectiveness Study. Remain in regular communication with the Building Official regarding obtaining notice of receipt from CEC. Work with staff to request assignment of a public comment period and preliminary CEC business meeting date. Note: The CEC will only grant a spot on the Business Meeting agenda after the close of the public comment period. 2 weeks 3.0
n
o Support Staff During Statewide Public Comment Period: Provide technical support to City Staff during the statewide public comment period administered by the California Energy Commission. Address specific questions posed by the CEC and community members during the comment period and before the Business Meeting.

Up to 15
days 3.0
o
o Request CEC Business Meeting Date & Attend CEC Business Meeting by Phone:

Attend CEC Business Meeting, via conference call, to witness approval of local code and to be available to CEC staff immediately following the Business Meeting to address questions. Once approved, work with City Staff to obtain formal letter from CEC for submission to the Building Standards Commission. The City may be required to wait up to 2 months to appear on California Energy Commission Business Meeting agenda.

Assumes 60 Days to complete this task to include waiting time to get on agenda. In the event that updates are needed to the ordinance. 4 Weeks 3.0 p
o Support staff to submit to Building Standards Commission: Support staff to obtain official letter from the CEC to submit to the Building Standards Commission to gain permission to enforce the ordinance. Provide example letter for submittal. 1 week 3.0 q
o Staff Stakeholders List & Coordination Matrix : Work with senior staff to create an internal coordination matrix as a staff management tool to define coordinated efforts for each type of electrical related permit. Document operational procedures and all existing forms, worksheets, checklists and identify new documents to create. Assumes initially one iteration and one (1) round of comments and updates. 1 week 3.0 143

17 Task 5 - Permit Applicant Technical Support 86.0 r
o Create a video summarizing the Energy Reach Code & Electrification topic areas: Create technical content, audio voiceover, and editing for a 5-minute compliance video summarizing the energy reach code and electrification related permit processes. ID360 to provide audio content and PowerPoint presentation for video and shall perform editing in Camtasia Software. 4 weeks 41.0 s
o Launch Web Page, Video & News Release : Launch program webpage as developed in Task 2. Work with City Staff to incorporate content, upload guideline, video, and contact info. Provide News Release content for email blasting announcing the new regulation. 1 week 15.0
t
o Energy Reach Code "Green Carpet Service" Technical Support via Phone, Email, and Virtual Counter: Provide initial technical support to building permit applicants and City Staff by phone, email, and virtual counter support services.

Assumes an average of 2-3 hours a week of program support and assumes 2 hours of scheduled "virtual counter hours" each week for the first three months of the program.

Deliver a monthly inquiry log that summarizes program activities. Monthly 30.0 Task 6 - Electrical Capacity Study (To be performed by
Frontier)
288.0
u
o Develop hourly profiles for mixed fuel and all-electric buildings to represent the major building types within Foster City. Both residential and non-residential building types will be evaluated up to five total. Consultant will use standard prototypes developed for other purposes, such as state and local code development. Electric vehicles will be accounted for. 4 weeks 78.0
v
o Calculate the increase in load going from the status quo to fully electrified for each building type. Estimate the impact across the existing building stock on a neighborhood basis. Consultant will work with Foster City staff to segment the city into neighborhood regions that reflect the existing capacity considerations of Foster City. 4 weeks 80.0 w
o Review the capacity of the existing utility infrastructure and estimate how much additional distribution capacity is required to support a fully electrified city. This will be evaluated at the neighborhood level as determined under item 2 above as well as at the city-level. 4 weeks 80.0
xo Provide a report and/or presentation to city staff summarizing the results of the study. Provide Background calculations and spreadsheets as requested by the Client. 4 weeks 50.0
144

18 E. Project Budget ID360 is proposing to contract on a time and materials basis for labor and travel per diem expenses. The schedule for completing the activities presented in this Statement of Work will be developed in cooperation with the City staff.

Rate (2022)
$263.00
$167.00
$116.00
ID360 HOURLY RATES
Labor Category
Principal
Project Manager
Associate
Rate (2022)
$245.00
$198.00
$150.00
$165.00
$130.00
Senior Analyst
Engineer
Analyst
Engineering Manager
Senior Engineer

FRONTIER HOURLY RATES
Labor Category

FEE SUMMARY
TaskDescription Proposed Fee
Task 1Program Initiation & Project Management $5,744
Task 2Perform and Report Initial Research $7,130
Task 3Community Outreach and Develop Draft Policy Criteria $23,948 Task 4Local Policy Adoption, State Agency Approval, Rollout $12,200 Task 5Permit Applicant Technical Support $14,500
Task 6Electrical Capacity Study $49,000
Task 6 Contract Administration 20% $9,800
Travel Cost
Total Costs:$122,322
145

19 CASE STUDY CITY OF PALO ALTO PROGRAM DESCRIPTION Since 2014, ID360 has supported the City of Palo Alto to ensure the highest quality control and implementation management for the roll-out and enforcement of the Green Building Program. ID360 supports an interdepartmental group of staff stakeholders to ensure the green building and energy policy is enforced properly on projects during the Planning, Plan Check, Inspection, and Post-Occupancy phases. ID360 has developed a customized program to sync with the entitlement process and compliance procedures. As a strategy & policy consultant to the City of Palo Alto, ID360 has worked with stakeholders and city staff to adopt and implement local green building and energy reach code regulations that are more aggressive than the State of California requirements.

PROGRAM HIGHLIGHTS
Green Building and Energy Reach Code Ordinance development assistance Stakeholder engagement and public meeting facilitation
Program coordination amongst city planning and building departments Entitlement support for green building and energy compliance Plan check and inspection support for green building and energy regulation Green Building Help Desk technical support staff
Building Electrification Study
City Council and Commissions presentations and technical support

146

20 CASE STUDY CITY OF MENLO PARK PROGRAM DESCRIPTION ID360 teamed with DNV-GL to create an innovative LEED Review Program for the City of Menlo Park. The ID360 staff incorporated our proven green building program design elements as a guide to inform the structure, strategy, and delivery model. The program is a pathway for the enforcement of the local municipal green building ordinance. The program ensures the highest level of quality control and implementation management for the roll-out and enforcement of the Green Building Program. The program is designed to create predictability and transparency for the project applicants in all phases of Planning, Plan Check, and Inspection.

PROGRAM HIGHLIGHTS
Development of LEED Review Compliance Instructions aimed to support city staff in maintaining a predictable compliance pathway for public applicants Custom green inspections program to help staff streamline operations Program coordination to support the city’s planning and building departments Entitlement compliance support for local LEED municipal requirements Plan check and inspection compliance procedures for local green building and energy regulation using the LEED Rating System as a guide.

*CONFIDENTIAL*
147

21 CASE STUDY CITY OF SAN MATEO PROGRAM DESCRIPTION The City of San Mateo Climate Action Plan outlines progressive measures related to the built environment concerning renewable energy, energy efficiency, and electric vehicle (EV) charging. ID360 supported city staff and stakeholders to create a solar power mandate and EV charging infrastructure policy to comply with the requirements within the City of San Mateo Climate Action Plan. The policy focuses on a solar power mandate and EV charging infrastructure for new commercial, multi-family, and single-family residential construction.

PROGRAM HIGHLIGHTS
Solar Power & EV Charging Infrastructure development assistance Coordination with California Energy Commission staff for Energy Reach Code compliance and public comment Project alignment and compliance with the Climate Action Plan Plan check compliance guideline for green building and energy regulation City Council and Commissions presentations and technical support

148

22 CASE STUDY CITY OF SOUTH SAN FRANCISCO PROGRAM DESCRIPTION The City of South San Francisco has a unique set of circumstances and challenges related to reach code. ID360 was contracted to support the City in the adoption of a local Energy Reach Code and EV Reach Code and address the policy barriers present in the city. Our team has assisted staff in developing and adopting policies to meet the Energy Reach Code and Electric Vehicle Charging Ordinance goals. ID360 has provided advisory, policy development, and program design and implementation services. The project approach included the project management and support services required to adopt a local Energy Reach Code based upon the model ordinances developed by Peninsula Clean Energy (PCE) which include all electric and mixed-fuel scenarios. The project was coordinated with a team of internal stakeholders to define the policy requirements. ID360 worked with city staff, and other supporting consultants, to develop the reach code criteria for local adoption.

PROGRAM HIGHLIGHTS
Energy Reach Code policy research and development support Electric Vehicle Charging Infrastructure ordinance development Community outreach and city council meetings support
Policy and program roll-out support in alignment with compliance strategy

149

23 CASE STUDY CITY OF SAN LUIS OBISPO PROGRAM DESCRIPTION ID360 worked with city staff to develop a comprehensive and easy-to-follow compliance program for the Clean Energy Choice Program. The program is for new buildings and is an energy reach code ordinance that outlines local amendments to the 2019 California Energy Code, Title 24, Chapter 6. For residential construction, the ordinance addresses two energy compliance pathways, the all-electric design and the mixed-fuel design. All newly constructed mixed-fuel design buildings must also meet the city’s Enhanced Building Energy Performance and Pre-Wire “Retrofit Ready” requirements for the electrification of future systems. This includes readiness for future systems including heat pump water heaters and all-electric stoves. Buildings designed as all-electric, without the presence of natural gas, are exempt from Enhanced Building Energy Performance requirements. New low-rise single-family buildings, including townhomes and duplexes, and new multi-family buildings are required to demonstrate compliance. PROGRAM HIGHLIGHTS Compliance program development and start-up of program operations City staff and community education and outreach
Program alignment and compliance with the Climate Action Plan Plan check compliance guideline for green building and energy regulation Green Carpet Service technical support for the community

150

24 Melanie Jacobson, Principal LEED AP BD&C, ICC CALGreen Plans Examiner and Inspector, QWEL Melanie Jacobson is Principal of Integrated Design 360 LLC and a green building and sustainable design strategy expert for local governments. Melanie works with local jurisdictions to integrate feasible and applicable sustainable design and operational strategies for planning and building departments in support of city council governance. Melanie brings leadership in zero-net energy and zero-net water policy and implementation. Melanie is a versatile leader and innovator. She has a track record of creating measurable results that are both environmentally sound and cost-effective. Melanie has worked with municipal customers including the City of Palo Alto, the City of Menlo Park, the City of San Mateo, and the City of San Luis Obispo. She has also worked with corporate customers including Safeway, Inc., Apple, Inc., The Ritz Carlton Hotel Company, and Vantage Data Centers. Melanie holds a Bachelor of Science in Environmental Design from University of California Davis. Melanie is the former Sub-Committee Chair of the Sustainable Materials Technical Committee for the CHPS green building rating system. She is a LEED Accredited Professional and certified as a California Green Building Code Plans Examiner and Inspector through the International Code Council. She is a member of the California Building Energy Consultants (CABEC), the U.S. Green Building Council Northern California Chapter, and the Project Management Institute. Representative Work Sustainability Policy & Programs • Green Building Program Development, City of Palo Alto • Zero Net Energy Local Reach Code Ordinance, City of Palo Alto • Green Building Ordinance, City of Palo Alto • Electric Vehicle Charging Ordinance, City of Palo Alto • Solar Power Mandate Ordinance, City of San Mateo • Electric Vehicle Ready Charging Ordinance, City of San Mateo • Green Building Program, Vantage Data Centers • Sustainable Design & Engineering Program, Digital Realty Trust • Confidential, Ritz Carlton Hotel Company • Confidential, Apple, Inc. Selected Commercial Development Projects • LEED Platinum – Comstock Campus, Santa Clara, CA • LEED Gold - Safeway Store (Flagship), Santa Cruz, CA • LEED Silver - Municipal Transit Authority, San Francisco, CA • LEED Certified - Ritz Carlton Highlands, Truckee, CA Professional Registrations LEED Accredited Professional, U.S. Green Building Council CALGreen Plans Examiner and Inspector, International Code Council Affiliations & Volunteer Chair, CHPS Materials Technical Committee Member, California Building Energy Consultants (CABEC) National Member, U.S. Green Building Council Member, U.S. Green Building Council Northern California Chapter Adopter, 2030 Challenge Member, Collaborative for High Performance Schools (CHPS) Education Bachelor of Science in Environmental Design, Minor in Communication, University of California, Davis, 2004 Design Management, Parsons School of Design, New York, 2002 Consulting Team
151

25 Professional Registrations CALGreen Plans Examiner and Inspector, International Code Council LEED GA, U.S. Green Building Council Wilderness Basics Certified, Sierra Club Education Bachelor of Liberal Arts and Sciences in Sustainability, Minor in Recreation Administration, San Diego State University, 2015 Leila DeSilva, Project Manager LEED Green Associate, ICC CALGreen Plans Examiner & Inspector, QWEL Ms. DeSilva is a Project Manager with Integrated Design 360. She is committed to sustainable design and construction and ensuring customer satisfaction is achieved on each project. She is skilled at educating others on sustainability concepts and providing superior customer service to our customers. Ms. DeSilva has experience with incorporating green building design concepts into construction documents and supporting architects, engineers and contractors in understanding how to meet a range of environmental standards including CALGreen, CHPS, LEED, T24 Energy Code Compliance, PCBs regulations, and Commissioning requirements. She is certified as a California Green Building Code Plans Examiner and Inspector through the International Code Council. Ms. DeSilva has received her Bachelor of Liberal Arts and Sciences in Sustainability from San Diego State University.

Representative Work Highlighted Projects • CHPS Verified, Fremont High School, Oakland, CA • CHPS Verified, Folia PreFAB, Oakland Unified School District • LEED Silver, Ho’okele Shopping Center, Maui, HI • Energy Ready Reach Code, City of Palo Alto • EV Permit & Inspection Guidelines, City of San Mateo • Green Building Program Development, City of Palo Alto • Green Building Ordinance Development, City of San Mateo • Energy Reach Code, City of San Mateo • CALGreen Plan Check & Inspection, City of Palo Alto Programs • Dewatering Monitoring Program, City of Palo Alto • PCBs Compliance Program Development, City of Palo Alto • Deconstruction and Source Separation Program, City of Palo Alto • Green Building Program Administration, City of Palo Alto 152

26 G. Subcontractor Background and Resume Frontier Energy Creative solution to achieve energy goals. A professional consulting firm that specializes in energy efficiency solutions for residential and commercial buildings, food service, transportation and next generation grid. Supercharge utility and CCA investments energy, efficiency and EV programs for residential, multifamily, commercial, and industrial customers with programs, rate design and software. Work with federal, state and local government to support energy and environment goals with codes and standards, regulatory support, data analysis and a focus on equity. Work with new development and building retrofits to design, implement and monitor, and improve energy systems and zero emission fuel infrastructure, including finding incentives and rebates. As energy consulting and research company, Frontier Energy is committed to practicing efficiency and sustainability across all our offices and operations. We believe every employee can help protect the integrity of our planet for future generations. 153

27 Alea German, Engineering Manager Alea has worked in the energy field since 2006. Her focus is on whole building energy optimization, technology assessment, and code development, particularly as it relates to zero net energy (ZNE) design. Alea is a skilled energy modeler with over a decade of experience using software including CBECC-Res, CBECC-Com, EnergyPlus, BEopt, eQuest, and EnergyPro. Overseeing Frontier’s energy code consulting services, she has a broad understanding of California’s Title 24, Part 6 code and leads statewide technical code change proposals. For the development of the 2019 and 2022 Residential Title 24 Standards she led the High Performance Walls and Residential Additions and Alterations Codes and Standards Enhancement (CASE) initiatives. Alea provides technical support to local governments on adopting ordinances intended to support meeting local and/or statewide energy and greenhouse gas reduction goals. EDUCATION/CERTIFICATIONS/TRAINING M.S., Mechanical & Aeronautical Engineering, University of California, Davis, 2012 B.S., Mechanical Engineering, Johns Hopkins University, Baltimore, MD, 2003 Registered Mechanical Engineer, State of California (M 36710), 2012 CABEC Certified Energy Analyst (R19-13-30076, NR19-14-30028) FRONTIER ENERGY EXPERIENCE, 2010 TO PRESENT Statewide Title 24 Codes & Standards A. German – 2 • Reach Code Technical Support, 2016 to present - Conduct technical analysis to assist PG&E and local governments in evaluating cost effectiveness of initiatives to support meeting local and/or statewide energy and greenhouse gas reduction goals. Studies have covered efficiency, PV and battery measures, new construction and existing homes, and options that support all-electric designs. • Codes and Standards Enhancements Team, 2016 to present - Leads statewide technical code change proposals that identify cost-effective enhancements to the California Energy Code. This process involves robust stakeholder outreach, market analysis, estimating statewide energy and cost savings, and code language development. Sonoma Clean Power Lead Locally EPIC Project, 2018 to present • Lead technical analysis using annual energy simulation tools to develop optimal retrofit packages. The analysis will evaluate energy, greenhouse gas, and cost impacts of technologies and inform how to package optimal measure combinations and value equipment incentives based on existing home characteristics. U.S. Department of Energy Building America Program, 2010 – 2015 • Marine Climate Deep Energy Retrofit, 2014 • West Village Zero Net Energy Evaluation, 2013 • Evaporative Cooled Condenser Evaluation, 2012 • Air to Water Heat Pump & Radiant Delivery, 2011 – 2012 • Sonoma Passive House Retrofit, 2010 – 2011 154

28 Thomas Vagts, Project Manager/Consultant Thomas has led numerous multimillion-dollar projects through a career in the energy industry that spans nearly 30 years. He is a consummate professional in managing projects through design, permitting, construction and commissioning, ensuring every detail is done right. Vagts is a trusted consultant who frequently partners with the Frontier Energy team. He currently is CEO of Reliable and Renewable Energy of Monticello, MN, a company he started to provide solar and backup power to commercial and residential customers. His prior experience includes three years as a national account manager for National Power of Raleigh, NC, eight years as president of Titan Energy Systems of Eden Prairie, MN., and multiple positions with other energy companies managing proposals, business development, sales and engineering projects. EDUCATION/CERTIFICATIONS/TRAINING Master of Business Administration, University of St. Thomas, St. Paul/Minneapolis, Minn. Bachelor of Electrical Engineering, University of Minnesota, Minneapolis/St. Paul, Minn. Professional Engineer, State of Minnesota PROFESSIONAL EXPERIENCE CEO, Reliable and Renewable Energy, Monticello, MN, April 2020-Present • Provides solar and backup power to commercial and residential customers; utilizes Aurora Solar software for system design, financial analysis and customer proposals; systems have ranged from 900 watts to 40 kW; serves as a Generac residential dealer for standby generators, transfer switches and solar battery storage National Account Manager, National Power, Raleigh, NC, Oct. 2017-April 2020 • Led business development for western half of the United States; provided design/build solutions for UPS to inverter replacements, DC power plants, DC battery strings, battery distribution fuse bays and DC bus ducts; provided proposals for data center cooling packages, back-up generators, new buildings and control centers Proposal Manager, Siemens, Minnetonka, MN, Feb. 2017-July 2017 • Coordinated responses to RFPs for electric utility grid control. Proposals included technical responses and pricing for Transmission Network Applications, (TNA) Distributions Network Applications (DNA), Supervisory Control and Data Acquisitions (SCADA) and other applications Business Development, MTU Onsite Energy, Mankato, MN, Jan. 2014-Feb. 2017 • Managed relationships with corporate accounts exceeding $100M per year; identified new opportunities with engineering firms, general contractors, electrical contractors, design/build firms and end users; assisted with project design and provided customer communication from time of quote through delivery and commissioning; provided customer service for equipment failures bringing the right service teams into the solutions. 155

29 Stephen Becker, Engineer Stephen is an Engineer-in-training with experience in zero net energy building research, model development, data analysis, and air quality research. He has built an understanding of residential and commercial building mechanical systems and controls through studies that included modeling building energy use and thermal properties, designing temperature control strategies for a building’s radiant-based system to reduce energy use, and testing new control strategies to demonstrate how the addition of solar panels would result in a zero net energy building. Stephen’s skills encompass computer model design, testing and experimental design, equipment inspection and calibration, engineering plans evaluation, and data analysis. EDUCATION/CERTIFICATIONS/TRAINING B.S., Mechanical Engineering, University of California at Davis, 2017 Engineer-In-Training, Mechanical Engineering, State of California, License #165704 FRONTIER ENERGY EXPERIENCE October 2019 to Present • Building energy simulation for multiple research projects, including Sonoma Clean Power’s Optimized Strategies project, Honda’s Smart Home, and the Central Valley Research Homes project (CVRH). • Analysis of energy efficiency compliance options for Title 24. • Modeling of energy efficiency measures for inclusion in reach codes and code development. • Support of field and lab testing for multiple technologies, including phase change materials used for insulation, aerosol air sealing technology, air to water heat pumps, and radiant systems. PRIOR EXPERIENCE Undergraduate Research Engineer, Western Cooling Efficiency Center, Davis, CA, June 2017 – September 2017 (Continuation of Senior Design Project) • Analyzed the engineering drawings of a local commercial building to develop an EnergyPlus computer model of the building and its unique radiant-based HVAC system. • Adjusted the building model’s mechanical, electrical, and thermodynamic characteristics to accurately simulate the building’s energy usage and thermal properties. • Designed temperature control strategies that exploited the unique thermal properties of the building’s radiant-based system in order to reduce energy use. • Utilized the EnergyPlus model to test the energy efficiency of the new control strategies and demonstrate that adding solar panels would result in a zero net energy building. • Conducted studies comparing the energy efficiencies and temperature control abilities of the radiant system and a traditional forced air system used in similar conditions. • Co-authored and presented a comprehensive report describing the findings and methods used to create and validate the building energy model. 156

30 157

DATE: August 1, 2022

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

VIA: Stefan Chatwin, City/District Manager

FROM: Jennifer Phan, 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. Review certain priority legislation for 2022 and staff recommended advocacy positions on those bills and authorize the Mayor to sign letters of support or opposition on behalf of the City Council; and

2. Authorize the City Manager and 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 impact in our community as well as impact the City’s ability to retain local control, make decisions, conduct operations, and/or create new financial and 158
legal liability. In order to ensure that the City’s voice is heard in Sacramento, it is critical that the City with the help of RPPG relay their concerns directly to state lawmakers in a timely manner. 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.

Provided in this report is an update on the fourteen (14) bills that were being monitored and in which City staff had previously provided to the City Council for consideration. Of that fourteen (14), three (3) did not advance and the remaining eleven (11) has been reassessed by City staff and the recommended advocacy positions on those bills are now as follows:

BILL NO. TITLE RECOMMENDED

POSITION
SB 1131 Address confidentiality: public entity employees and contractors
Support
AB 2807 Transportation funding programs: eligibility:
commercial harbor craft: public transportation ferries
Support
SB 922 California Environmental Quality Act: exemptions:
transportation-related projects
Support
AB 2953 Department of Transportation and local agencies:
streets and highways: recycled materials
Oppose
SB 1157 Urban water use objectives Oppose
AB 2011 Affordable Housing and High Road Jobs Act of 2022 Oppose AB 2234 Planning and zoning: housing: post-entitlement phase permits
Neutral
AB 2097 Residential, commercial, or other development types:
parking requirements
Watch
SB 897 Accessory dwelling units: junior accessory dwelling units
Watch
AB 916 Zoning: accessory dwelling units: bedroom addition Watch AB 2449 Open meetings: local agencies: teleconferences Watch

BACKGROUND

In 2020, the City Council expressed the need for the City to be actively involved with what is happening in Sacramento by engaging with lawmakers on legislation of interest to the City. In an effort to take a more proactive 159
approach in engaging with the State on legislation, 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.

May 27, 2022, marked one of the more significant deadlines in the 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 move forward in 2022. June closed out a busy several months of fiscal and legislative deadlines for the Administration and Legislature, including the deadline for all bills to pass through policy committees in the second legislative chamber. In addition, June 30 marked the end of Fiscal Year (FY) 2021-2022 which requires that a new FY 2022- 2023 state budget be adopted and signed by the Governor. The Legislature adjourned on June 30, 2022 for its annual summer recess During this time , all legislation remained static meaning that no bills were amended in the month of July. Lawmakers returned to Sacramento August 1 and will continue their work through August 31, 2022. From there, the Governor will have 30 days to sign or veto all pending legislation that has advanced to his 160
desk for consideration. September 30 will mark the official end of the 2021- 2022 legislative session. Lawmakers will return on December 5 for one day in order to swear in new members, assign committees, and other house cleaning items in advance of the 2023-2024 legislative session. The 2023- 2024 legislative session will officially resume on Monday, January 3, 2023.

To date for this second year of the legislative session, 314 bills have been chaptered, 4 have been vetoed, 5 are enrolled and awaiting the Governor’s signature or veto, 1802 failed, and 1623 continue to make their march through the legislative process in August. RPPG continued to track 1,143 bills for the City, many of which have now stalled in the legislative session by failing to meet the house of origin and second house policy deadlines.

This item was originally placed on the June 6, 2022 City Council Regular Meeting agenda. However, a motion was made by Councilmember Hindi, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, to continue the item to a following City Council meeting date.

ANALYSIS

At the August 2, 2021 City Council meeting, there was a discussion regarding adopting a legislative platform and policy (Attachment 1). A legislative platform is a set of guiding principles that reflects the overarching ideals and vision of the Council. It provides a framework for the City to respond to legislative issues of importance in a timely manner. A “legislative policy” is the procedure or approved process of adopting positions that align with the spirit of the legislative platform. The positions contained in the platform are intended to support the strategic goals outlined in Foster City’s Strategic Plan.

The City Council, by Minute Order No. 1795, directed staff to agendize the item for further discussion and to narrow the list of legislative items to those of most concern and use broader statements.

While staff will work with RPPG to bring the legislative platform and policy for City Council consideration at a future meeting, the City through RPPG can continue to engage on legislation of interest to Foster City. Such engagement may include, reissuance of city position letters, negotiating on specific amendments, and other duties to ensure the City’s position is well represented on State policy.

At the June 6, 2022 City Council meeting, City Council provided direction to continue the item on recommended advocacy positions on priority legislation 161
for the 2022 State Legislature to a following City Council meeting. The June 6, 2022 Staff Report included fourteen (14) bills for City Council consideration including an attachment of a full priority bill list. However, since that time, a majority of those measures were either amended, were pending amendments that had not gone into print or did not move forward. Given the new information and rapidly changing legislative process, staff continued working with RPPG to reassess each measure, and decide which measures are still relevant to the City and are appropriate to be presented to City Council for consideration.

This staff report includes an update on the fourteen (14) bills that were previously included in the June 6, 2022 Staff Report, the amended bill language (if applicable), an updated advocacy position on those bills and an updated full priority bill list (Attachment 2).

Advocacy positions that the City may consider when taking positions on bills 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. Note: that some state legislative policy committees do not recognize this position and will not reflect it on a legislative analysis.

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.

Neutral: Foster City is indifferent on a specific policy proposal. This position is taken typically after amendments have been made to a bill that 162
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.

Of the fourteen (14) bills that were included in the June 6, 2022 Staff Report, three (3) bills did not advance forward. The three (3) bills that were stalled in committee and are now presumed to be “dead” for the year include:

AB 2053 (Lee) – The Social Housing Act
AB 1944 (Lee) – Local government: open and public meetings AB 2357 (Ting) – Surplus Lands Act

Of the remaining eleven (11) bills, staff has reviewed the amended language and updated its recommended advocacy positions as applicable. The order in which these are arranged are such that, the bills that City staff recommends taking a position on are listed first followed by the ones where City staff has either no recommended position or advises a ‘watch’ position. The staff report includes highlights of each bill followed by staff comments on the recommended advocacy positions. For a comprehensive background on each of the bills, please refer to the link to the bill language included in the report or Attachment 3.

1. SB 1131 (NEWMAN) – ADDRESS CONFIDENTIALITY: PUBLIC ENTITY EMPLOYEES AND CONTRACTORS (AS AMENDED ON 06/23/22)

Bill Highlights: SB 1131 will allow election officials, their staff, and poll workers to enroll in the State’s address confidentiality program to shield their personal data from public exposure.

Current law authorizes this for reproductive health care service providers, employees, volunteers, and patients who must complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participant’s residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to 163
specified conditions. Applicants seeking address confidentiality under this program due to their affiliation with a reproductive health care services facility are required to provide a certified statement signed by a person authorized by the reproductive health care services facility stating that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence within one year of the date of the application.

Aside from making the program more encompassing by extending to election workers, this bill would authorize an applicant seeking address confidentiality under this program to submit a certified statement that they have been the target of threats, harassment, or acts of violence, or a workplace violence restraining order, instead of a certified statement from their employer.

The Secretary of State will be required to submit to the Legislature no later than January 10 of each year a report that includes: the total number of applications received for the program; discloses the number of program participants within each county; and describes any allegations of misuse relating to election purposes.

Staff Comments: The bill was introduced in response to growing threats and verbal attacks on election officials, their staff, and poll workers. The proposed changes to existing law protect the confidentiality of election workers; and also allows individuals who face threats of violence, harassment, and violence because of their work for public entities to participate in the Secretary of State’s address confidentiality program with added ease and flexibility. If enacted, SB 1131 expands California's "Safe at Home" program. City staff finds that this bill extends protections on a voluntary basis, is timely in preparation of the upcoming elections, and understands that League of California Cities and California City Clerks Association have also urged the support of this bill.

Staff Recommended Advocacy Position: Given the reasons stated above, City staff recommended position is to ‘Support.’

Bill Information: The official text of SB 1131 can be found here: Link

164

2. AB 2807 (M. BONTA) – TRANSPORTATION FUNDING PROGRAMS:

ELIGIBILITY: COMMERCIAL HARBOR CRAFT: PUBLIC
TRANSPORTATION FERRIES (AS AMENDED ON 06/21/22)

Bill Highlights:

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.

Current law also establishes the Clean Transportation Program, administered by the State Energy Resources Conservation and Development Commission, to provide funding to certain entities to develop and deploy innovative technologies that transform California's fuel and vehicle types to help attain the state's climate change policies.

Current law further establishes the Air Quality Improvement Program, administered by the State Air Resources Board, for the purpose of funding air quality improvement projects relating to fuel and vehicle technologies, including, but not limited to, providing funding for research to determine and improve the air quality impacts of alternative transportation fuels and vehicles, vessels, and equipment technologies.

Lastly, current law establishes the Low Carbon Transit Operations Program, administered by the Department of Transportation, to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility. Among other things, it authorizes capital or operating assistance for new or expanded waterborne transit as an eligible expenditure under the program.

AB 2807 would expand the programs and projects that are eligible to receive funds from various State programs for zero- and near-zero-emissions transportation technologies, with the goal of accelerating the commercialization of commercial harbor craft and alternative and renewable fuels, in addition to programs and projects to retrofit fleets of commercial harbor craft with technologies that create higher fuel efficiencies, and/or would result in new or expanded waterborne transit.
165

AB 2807 now reference funding may be applied to the purpose of “commercial harbor craft” technologies. Under the California Code of Regulations, commercial harbor craft (CHC) or harbor craft is defined as “any private, commercial, government, or military marine vessel including, but not limited to, passenger ferries, excursion vessels, tugboats, ocean-going tugboats, towboats, push-boats, crew and supply vessels, work boats, pilot vessels, supply boats, fishing vessels, research vessels, U.S. Coast Guard vessels, hovercraft, emergency response harbor craft, and barge vessels that do not otherwise meet the definition of ocean-going vessels or recreational vessels.”

Staff Comments: AB 2807 is co-sponsored by the San Francisco Bay Area Water Emergency Transportation Authority (WETA) and the Golden Gate Bridge Highway and Transportation District, with support from many other regional groups, such as Bay Area Council and Bay Planning Coalition. AB 2807, in essence, would allow commercial harbor crafts as eligible recipients for all state funded zero-emission funding programs. Most state funding programs for green facilities and fleets focus on trucks, buses, and rail, and are ambiguous as to whether commercial harbor craft or ferries are included.

AB 2807 will ensure that state funding programs explicitly include public transportation commercial harbor crafts as being eligible to participate. In light of the State’s efforts to reduce greenhouse gas (GHG) emissions, as well as Foster City’s own environmental sustainability goals coupled with its interest to build a multimodal transportation network, the expansion of eligibility for these funds may open up more opportunities for the City to vie for funding for a hover craft/ferry system in the future.

Staff Recommended Advocacy Position: Given the reasons stated above, City staff recommended position is to ‘Support.’

Bill Information: The official text of AB 2807 can be found here: Link

3. SB 922 (WIENER) – CALIFORNIA ENVIRONMENTAL QUALITY ACT:

EXEMPTIONS: TRANSPORTATION-RELATED PROJECTS (AS
AMENDED 05/11/22)

Bill Highlights: SB 922 expands the California Environmental Quality Act (CEQA) exemptions for specified transit, bicycle, and pedestrian projects, and extends these exemptions from 2023 to 2030. CEQA exempts from its 166
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 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.

Staff Comments: 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.

A related bill, SB 288 (Wiener), was signed into law back in 2020 temporarily exempting from CEQA certain clean transportation projects. Under current law, these CEQA exemptions sunset on January 1, 2023. SB 922 would make the sunset of SB 288 into permanent law to advance critically needed and community-supported sustainable transportation projects, in addition to providing greater clarity when such exemptions may be applied. SB 922 is supported by a large coalition of local governments and business organizations.

Staff Recommended Advocacy Position: Given the reasons stated above, City staff recommended position is to ‘Support.’

Bill Information: The official text of SB 922 can be found here: Link

4. AB 2953 (SALAS) – DEPARTMENT OF TRANSPORTATION AND
LOCAL AGENCIES: STREETS AND HIGHWAYS: RECYCLED
MATERIALS (AS AMENDED 03/17/22)

Bill Highlights: AB 2953 is a state-mandated local program that would require the Department of Transportation (Caltrans) and a local agency that 167
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.

Beginning January 1, 2024, a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, would be required to apply standard specifications that allow for the use of recycled materials in streets and highways. Until January 1, 2027 those standard specifications must allow recycled materials at or above the level allowed in Caltrans’ standard specifications that were in effect on October 22, 2018 for recycled base and subbase materials, reclaimed asphalt pavement and other materials in asphalt, and reclaimed aggregate, fly ash, returned plastic concrete, and other materials in concrete, as specified.

The bill would exempt cities and counties whose revenues do not exceed specified thresholds of not more than 0.02% of the total of all California city revenues, or any county whose revenue is not more than 0.10% of the total of all California county revenues.

Staff Comments: City staff acknowledges that the use of recycled materials in road construction helps preserve natural aggregate materials, diverts significant amounts of construction waste from landfills, and reduces greenhouse gas emissions related to the production and transportation of new materials to construction sites – which would contribute to the City’s overall environmental sustainability goals.

However, the requirement to comply to such standard specifications may result in increased costs to Foster City as this would likely constitute an unfunded (or suspended) state mandate. Moreover, this approach may not be appropriate given its current applicability to larger projects that are addressing a greater volume of traffic, versus the City’s local streets and roads. Each specified local agency, including Foster City, must review the Caltrans specifications for the use of recycled materials at specified levels, and make a determination of the feasibility and cost effectiveness of adopting them for local projects. Therefore, actual local costs are unknown at this time.

Furthermore, a recommended amendment to the exemption clause posed in AB 2953 would be to exempt cities based on population instead of annual revenues, which may be an unreliable and variable metric. 168

Staff Recommended Advocacy Position: Given the reasons stated above, City staff recommended position is to ‘Oppose’.

Bill Information: The official text of AB 2953 can be found here: Link

5. SB 1157 (HERTZBERG) – URBAN WATER USE OBJECTIVES (AS AMENDED 06/16/22)

Bill Highlights: SB 1157 would effectively lower the statewide indoor residential water use standard from 55 gallons per capita daily (gpcd) to 47 gpcd beginning January 1, 2025 and from 50 gpcd to 42 gpcd beginning January 1, 2030.

The Department of Water Resources, in coordination with the State Water Resources Control Board, and including collaboration with and input from stakeholders, would be required to conduct necessary studies and investigations to assess and quantify the economic benefit and impacts of meeting the 2030 indoor residential use standard on water, wastewater, and recycled water systems.

Staff Comments: SB 1157 is in response to California’s persistent cycles of drought and dry conditions. It aims to make strides in water efficiency, to reduce wasteful water usage and improve future water supply reliability, and ultimately makes the state more adaptable and resilient to drought and the impacts of climate change.

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.
169

In addition to these direct costs, there will be substantial secondary costs adversely impacting water affordability, wastewater collection systems, and recycled water facilities. 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.

More thorough analyses and studies could be conducted on the potential impacts and to better justify this more rigorous indoor residential water use standards.

Staff Recommended Advocacy Position: Given the reasons stated above, City staff recommended position is to ‘Oppose.’

Bill Information: The official text of SB 1157 can be found here: Link

6. AB 2011 (WICKS) – AFFORDABLE HOUSING AND HIGH ROAD JOBS ACT OF 2022 (AS AMENDED ON 06/23/22)

Bill Highlights: This measure would allow certain housing developments by right on commercially zoned lands, and mixed-income housing by right along commercial corridors, as long as the projects meet specified affordability, labor, and environmental criteria. Specifically, 100% affordable housing will be allowed in commercial zones by right in a zone where office, retail, or parking are a principally permitted use and subject to a streamlined review if it meets certain criteria.

A “Commercial Corridor” as defined in section 360 of the vehicle code is a “Highway” – a way or a place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. The bill allows for ministerial review and approval criteria applicable to both project types including specific timelines for local agencies to provide written documentation to the developer if it is determined that the proposed development is in conflict with any of the City standards and timelines for design review. The bill provides that a determination of whether or not a proposed development is in conflict with objective planning standards is not a “project” under the California Environmental Quality Act (CEQA).

Furthermore, the bill prohibits a local agency from imposing any 170
requirements, including increased fees or inclusionary housing requirements, solely or partially on the basis that the project is eligible for streamlined ministerial approval under this Act.

In order to build on these new sites, the bill requires developers to meet a range of responsible wage and training standards such as:
 Prevailing wages requirement on all projects
 For projects of 50 or more units, requirement of health benefits for workers
 Requirement that contractors must either participate in a state- approved apprenticeship program or request the dispatch of apprentices from a program. If no apprentice workers are available, the project can still move forward.
 New enforcement mechanisms to ensure these payroll and benefits requirements are being met
AB 2011 also specifies the residential densities for a metropolitan jurisdiction and nonmetropolitan jurisdictions. It defines “metropolitan jurisdiction” consistent with existing law, which generally designates cities and counties located within a Metropolitan Statistical Area (MSA) with a population of more than two million, or cities in smaller MSAs with a population of greater than 100,000. Note: Foster City is a nonmetropolitan jurisdiction. In a jurisdiction that is a nonmetropolitan jurisdiction, the residential density for the development is required to meet or exceed the greater of the densities prescribed in the bill including height limits.

Staff Comments: AB 2011 is not the first bill that would allow rezoning of commercial sites for housing. SB 1385 (Caballero, 2020) was a similar bill that would have made housing an allowable use on commercial sites. SB 1385 failed passage in the Assembly Local Government Committee. SB 6 (Caballero), which the City opposed last year, is substantially similar to SB 1385. SB 6 is currently pending in the Assembly Housing and Community Development Committee. The City through its consultant will continue to engage and advance its position on SB 6.

AB 2011 undermines the local land use and planning processes by allowing ministerial approval, without condition or discretion, certain affordable housing and mixed-use housing developments in commercial zones as a principally permitted use regardless of any inconsistency with the City’s General Plan, Zoning Ordinance, or other City Regulations. It ignores the potential impact of 171
recent changes to housing element laws. Cities are already subject to many new housing element law provisions. The Housing Accountability Act (HAA), the No Net Loss Act, the Housing Crisis Act, and other updates to Housing Element law, to name a few, all include provisions that would allow for ministerial approval of housing projects. Under HAA, cities cannot deny a housing project that meets objective standards. Without an understanding of how all these recent amendments are going to impact cities and new development, the State needs to ‘pause’ before introducing more bills such as AB 2011.

Neighborhood concerns about traffic, parking, water, sewer, infrastructure, and other development impacts are typically heard as part of the public engagement process when a project is subject to discretionary review. The concerns are often addressed by working with the developer and coming up with solutions to mitigate these impacts. While the City is committed to streamlining development review processes, a ministerial approval would completely eliminate public participation and transparency from the local planning process while also taking away local land use planning and zoning control.

The City will be undertaking a comprehensive update of its General Plan in the near future. Bills such as AB 2011 have an impact on the long-term vision for a master planned community such as ours by interfering with local land use planning process that reflects the needs and values of our community.

Additionally, by allowing residential land uses by-right in commercial zones, AB 2011 removes the ability of a local jurisdiction to continue to thoughtfully zone and balance land uses in a manner that does not cause economic impacts.

Cities in California go through a housing planning process every eight (8) years and are currently undergoing the sixth cycle of their Housing Element Update. As part of this process, they identify housing sites and commercial sites for rezoning that are suitable for new housing units to accommodate the RHNA. AB 2011 disregards this state-mandated local planning effort by allowing housing developments by right in commercial areas. If developers can build housing in office, retail, and parking areas by right, it defeats the purpose of RHNA.

Staff Recommended Advocacy Position: Given the reasons stated above, City staff recommends a position of ‘Oppose.’

172
Bill Information: The official text of AB 2011 can be found here: Link

7. AB 2234 (R. RIVAS) – PLANNING AND ZONING: HOUSING: POST- ENTITLEMENT PHASE PERMITS (AS AMENDED ON 06/23/22)

Bill Highlights: This bill establishes time limits and procedures for approval of, and requires online permitting of, post-entitlement permits. The bill defines “post-entitlement phase permits” to include all nondiscretionary permits and reviews after the discretionary entitlement process has been completed that are require or issued by the local agency to begin construction of a development that is intended to be at least two-thirds residential, excluding planning permits, entitlements, and other permits and reviews that are covered by the State Permit Streamlining Act (PSA).

The bill requires that a jurisdiction specify in detail the information that will be required from any applicant for a post-entitlement phase permit. In addition, the local agency shall:
 Post an example of a complete, approved application and an example of a complete set of post-entitlement phase permits for at least five types of house development projects including but not limited to: ADUs, Duplexes, Multi-family, Mixed-Use, and Townhomes.
 Provide a notice and cure provision for an incomplete application submitted to the public agency
 Be prohibited from providing additional items not required on the original list.

Failure to comply with timelines as specified would result in a violation of Gov Code Section 65589.5 of the Housing Accountability Act.

Staff Comments: According to the bill author, “There is no standardized process or timeline to approve the array of post-entitlement “building” permits.

Many projects spend months or even years waiting for building permit approvals – despite the fact that the housing development has already been reviewed and approved. Developers do not always provide all the required information to the city when applying for the permits, and cities do not always provide timely, necessary feedback to applicants. These delays of months or years increase the costs of the projects and slow overall housing production, which exacerbates California’s housing crisis. The Permit Streamlining Act 173
does not resolve this issue because it does not apply to building permits.”

Many local agencies are concerned about the timeframes in the bill, which may fail to take into account various circumstances for an individual project or the available resources. There are concerns about additional costs and staff time that will be required to implement the provisions of the bill. AB 2234 creates an unfunded technology mandate by mandating costly electronic permitting, but does not provide any state funding to accomplish this goal, despite the significant costs identified in the Statewide Housing Plan.

The City of Foster City has already implemented electronic permitting processes which allow for electronic submittal of plans. The City continues to streamline planning and building review processes. Given that the recent amendments to the bill language (for cities with a population of under 75,000 and in Counties with less than 1.1 million population) grant a delay of 5 years (to January 1, 2028) and an additional five years if the local agency makes a written finding that adopting an online permitting system on or before January 1, 2028, would require substantial increases in permitting fees, the City does not need to take a position on this bill.

Staff Recommended Advocacy Position: Given the reasons stated above, City staff recommended position is to remain ‘Neutral.’

Bill Information: The official text of AB 2234 can be found here: Link

8. AB 2097 (FRIEDMAN) – RESIDENTIAL, COMMERCIAL, OR OTHER DEVELOPMENT TYPES: PARKING REQUIREMENTS (AS AMENDED ON
06/23/22)

Bill Highlights:This bill prohibits public agencies from imposing parking minimums on developments near public transit, as specified. Specifically, it prohibits public agencies located within a county with a population size of 600,000 or more from imposing or enforcing a minimum automobile parking requirement if located within one-half mile of transit. Public Transit means a Major Transit Stop as defined in § 21064.3 of the Public Resources Code and further explained below:
 An existing rail or bus rapid transit station.
 A ferry terminal served by either a bus or rail transit service. 174
 The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods
For counties with a population of 600,000 or more (such as San Mateo County), this measure would apply on any of the following developments if the parcel is located within one-half mile or public transit:
 a residential development of 40 or fewer units,
 a mixed-use development within 40 or fewer units,
 residential or mixed-use development of any size in which at least 11 percent of the units will be affordable to very low-income households, 20 percent of the units will be affordable to lower income households, or 40 percent of the units will be affordable to moderate-income households for at least 55 years.
 Commercial or other development
The bill exempts hotels, motels, bed and breakfast inn or other transient lodging uses as well as event centers from the bill’s provisions.

Staff Comments: This bill is substantially similar to AB 1401 (Friedman), which was opposed by the City last year and stalled in the Senate Appropriations committee. It should be noted that AB 1401 as originally introduced, applied the parking restrictions more broadly than AB 2097 as most recently amended. The City’s land use policies and development standards for residential and commercial development take into consideration minimum on-site parking requirements to ensure residents and visitors have access to homes and businesses. On-site parking requirements prevent congestion due to on-street parking demand that may cause unsafe traffic conditions including affecting emergency response times. According to the bill author “there are plenty of communities that have access to high-quality transit, or where cars are underutilized, that need housing far more than they need parking.” However, cities argue that restricting parking requirements within one-half mile of a high-frequency transit route does not guarantee individuals living, working, or shopping on those parcels will actually use transit. Many residents will continue to rely on automobiles and require nearby parking, which will only increase parking demand and congestion.

Cities currently have development standards in place that keep in mind the local constraints and they are committed to maintaining and enhancing a high quality of life and safety for its residents as reflected in its General Plan.

When supported by facts and evidence, cities are able to develop innovative 175
solutions to address parking needs by enforcing parking minimums. These are not arbitrary standards.

AB 2097 would essentially allow developers to dictate parking requirements in large area of many cities because the definition of public transit includes entire bus routes with 15-minute service intervals. Neighborhoods in Foster City currently do not meet the criteria of a Major Transit Stop. However, this may change in the future should transit agencies dramatically shift transit routes and/or the city explores alternate modes of public transit to alleviate traffic, reduce Vehicle Miles Traveled (VMT) as well as advance Climate Action goals such as reduced Greenhouse Gas Emissions (GHGs).

Staff Recommended Advocacy Position: Given the reasons stated above, City staff recommends a position of ‘Watch.’

Bill Information: The official text of AB 2097 can be found here: Link

9. SB 897 (WIECKOWSKI) – ACCESSORY DWELLING UNITS: JUNIOR ACCESSORY DWELLING UNITS (AS AMENDED ON 06/30/22)

Bill Highlights:SB 897 makes numerous changes to the laws governing Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Some of the significant changes are noted below:
 The bill imposes objective standards on accessory dwelling units that include but are not limited to: parking, height, setback, landscape, architectural review, maximum size of a unit etc.
 It modifies the ability of local agencies to apply building code requirements to ADUs by stating that the construction of an ADU shall not constitute a Group R occupancy change under the local building code, as specified.
 It prohibits local agencies from requiring the installation of fire sprinklers on a proposed or existing primary residence when an ADU is built on the parcel.
 It requires a local agency to approve or deny, rather than to merely act, on an ADU or JADU permit application within 60 days of receipt of a completed application, whether or not the local agency has adopted an ordinance regulating the creation of ADUs.
 It expands restrictions on the ability of local agencies to impose parking requirements on parcels with ADUs as follows:
176
o prohibits local agencies from imposing any parking
standards when a developer submits concurrent permit
applications to create an ADU and a new single-family
dwelling on the same lot; and
o requires local agencies to reduce the number of parking spaces required for new multifamily dwellings by two
parking spaces for each ADU that is proposed on the
same lot when the applications are submitted
concurrently.

The previous version of the bill increased the 16-foot height standard that local agencies may impose on an ADU on parcels with proposed or existing single family dwellings or multifamily dwellings as follows:
 Requires local agencies to allow detached ADUs as tall as 25 feet.  Requires local agencies to allow an ADU that is attached to a primary residence to be 25 feet tall, or as tall as the local zoning ordinance that applies to the primary residence allows, whichever is lower.

The amended version of the bill states that a local agency may impose a height limitation for a detached ADU of not less than 18 feet in height under the following circumstances:
 One-half mile of a major transit stop or a high-quality transit corridor (as defined above in AB 2097)

1. A local agency shall allow an additional 2 feet a roof pitch that is aligned with the roof pitch of the primary residence  If the unit is on a lot that has an existing multifamily, multiunit dwelling
The amended version states that a local agency may impose a height limitation for an attached ADU of not less than 25 feet in height or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower.

Staff Comments: Cities and various organizations were opposed to the previous version of the bill which would have essentially allowed two-story ADUs and ‘shoehorning’ a 25-foot structure into a backyard of a single-story ranch style home. Current State law appropriately authorizes cities and counties to restrict ADU height to 16 feet, thus helping ensure that these ADUs blend into the existing neighborhood. Mandating the two-story ADUs 177
would’ve contradicted the stated belief that ADUs are a way to increase density in a modest fashion that is not disruptive to established communities.

Furthermore, there is a plethora of State ADU laws that have been substantially amended nearly every year since 2016. Local agencies are barely able to keep up with the ever-changing requirements of ADU laws and the constant changes are sending cities back to the drawing board resulting in frequent amendments to the ordinance, staff training, etc. However, the revised height limitations in the amended bill language and the applicable criteria (major transit stop or a high quality transit corridor which are non- existent in Foster City) seem more palatable than the previous bill language.

Given the fact that the City is committed to promoting the production of ADUs through its various new Housing Element Programs and Policies, the City can continue to monitor the bill as it moves through the legislative process.

Staff Recommended Advocacy Position: Given the reasons stated above, City staff recommended position is to ‘Watch.’

Bill Information: The official text of SB 897 can be found here: Link

10. AB 916 (SALAS) – ZONING: ACCESSORY DWELLING UNITS:

BEDROOM ADDITION (AS AMENDED ON 06/23/22)

Bill Highlights: This bill prohibits a city or county from adopting or enforcing an ordinance that requires a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling.  The bill provides that this prohibition only applies to applications for adding no more than two additional bedrooms within an existing unit, and that it shall not be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure.

AB 916 also increases the height that must be allowed to 25 feet*** (from 16 feet in existing law) if the ADU is within one half mile walking distance of a major transit stop or high-quality transit corridor, as defined, or if the ADU is attached to the primary dwelling.

**Note: Amendments are not yet in print, however the author has agreed, on 178
the record during the Senate and Governance Finance committee (06/29) to amend the bill in August to align with the height requirements outlined in SB 897 (Wieckowski)**

Staff Comments: Current Foster City ADU Ordinance does not require a public hearing based on the bedroom count and therefore, staff will continue to monitor this bill through the rest of the legislative session.

Staff Recommended Advocacy Position: Given the reasons stated above, City staff recommended position is to ‘Watch.’

Bill Information: The official text of AB 916 can be found here: Link

11. AB 2449 (RUBIO) – OPEN MEETINGS: LOCAL AGENCIES:

TELECONFERENCES (AS AMENDED ON 06/30/22)

Bill Highlights: AB 2449 would authorize, until January 1, 2026, for a local agency to use teleconferencing without complying with those specified teleconferencing requirements (noticing each teleconference location or making it publicly accessible) 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 provisions further would require that the teleconferencing member(s) participate through both audio and video.

The bill would impose prescribed requirements for this exception relating to notice, agendas, the means and manner of access, and procedures for disruptions. For example, the teleconferencing member(s) must notify the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for “emergency circumstances” or “just cause,” including a general description not to exceed 20 words of the circumstances relating to their need to appear remotely at the given meeting. The legislative body must then also take action at the beginning of the meeting on the teleconferencing member(s) request and ability to participate remotely. The teleconferencing member(s) must also publicly disclose at the meeting whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member’s relationship with any such individuals.

Lastly, the bill would require the legislative body to implement a procedure for 179
receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with federal law.

Staff Comments: Early in the pandemic, Governor Gavin Newsom issued a series of Executive Orders to expand public access to meetings by suspending some of the restrictions placed on teleconferencing. Lawmakers then passed AB 361 (Rivas, Robert) in 2021, which allows cities to meet remotely under similar conditions during a declared state of emergency after the executive orders expired (until January 1, 2024).

Many cities, including Foster City, still use AB 361 to conduct public meetings safely and transparently. However, there is a strong desire to continue some of the flexibility allowed under AB 361 beyond a declared state of emergency.

The pandemic has made it abundantly clear that the Brown Act needed to be modified to provide cities the flexibility to conduct business safely while also maintaining transparency, access, and public engagement. AB 2449 attempted to achieve this, but after several iterations, now introduces amendments that pose further questions. Arguably, these amendments also substantially undermine the bill’s overall usefulness and its original intent to ease restrictions. This includes:
 Added language that requires a legislative body to conduct meetings subject to the Brown Act consistent with applicable state and federal civil rights, language access, and other nondiscrimination laws.

Under the Brown Act there are already specific requirements related to translation for non-English speakers. However, the term “language access” here is used broadly and it is unclear if this would impose a new requirement.
 Added language to limit each member from participating in meetings remotely for more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year.

Although City staff agrees with this provision in spirit, it should be closely monitored for potential impacts. For example, if Foster City has approximately 20-24 regular meetings in a calendar year, that means each elected official may not teleconference more than four (4) times in that given year (despite circumstances that may warrant so).
 Added provision that a legislative body may not take any further action in the event of a disruption that prevents broadcasting the meeting to the public, or in the event of a disruption that prevents the public from offering public comments remotely, until it can restore 180
public access to the meeting. City staff is less concerned with this, but acknowledges the need to verify it can adequately address such a requirement.

In all, the amendments may overly complicate and be onerous, making it far less likely that cities will opt-in to this new section of the Brown Act should it advance. Instead, City staff would recommend further discussions on the future of remote participation in local public meetings before such measures are imposed.

Staff Recommended Advocacy Position: Given the reasons stated above, City staff recommended position is to ‘Watch.’

Bill Information: The official text of AB 2449 can be found here: Link

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).

From a timing perspective, this will be the final opportunity for City Council to direct staff and its legislative consultant to engage in meaningful and impactful advocacy in the 2021-2022 legislative session. Should City Council move to adopt positions on legislation, position letters would be immediately drafted and submitted to the appropriate legislative offices. RPPG would then work to advance the City’s legislative goals by meeting with individual legislative offices over the remainder of the legislative session. Equally as important, it will be critical that Foster City’s advocacy positions be shared directly with the Governor’s office. As detailed in the background section of this report, there is still time to engage in both the direct legislative process (concluding August 31) as well as with the Administration in advance of the “Sign/Veto” deadline. This provides another opportunity for the City, by way of its legislative advocacy firm to engage on behalf of the City directly with the Administration, to share Foster City’s unique perspectives, provide data, and urge the Governor to either sign bills the City supports or veto bills that the City opposes. The Governor’s Sign/Veto deadline concludes on September 30, 2022.

FISCAL IMPACT

There is no fiscal impact associated with the recommended actions. 181

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 current and future generations. Specifically, this item is directly related to the project/initiative under the "Smart Planning, Development, and the Local Economy" Value/Priority Area with the key outcome to develop a legislative advocacy arm for Foster City that advances City Council’s policies and goals.

Attachments:
 Attachment 1 – August 2, 2021 Staff Report
 Attachment 2 – Updated Full Priority Bill List
 Attachment 3 – Summary of Bill Amendments
182
Priority Legislation July 31, 2022
Brown Act
AB 2449 (Rubio, Blanca) Open meetings: local agencies: teleconferences. (Amended: 6/30/2022) Link Existing law, 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. This bill would revise and recast those teleconferencing provisions and, until January 1, 2026, 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. This bill contains other related provisions and other existing laws.

Status: 6/30/2022-Read second time and amended. Re-referred to Com. on APPR.

SB 1100 (Cortese) Open meetings: orderly conduct. (Amended: 6/6/2022) Link 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: 6/22/2022-Read second time. Ordered to third reading.

Attachment 2
183

Children, Youth and Recreation
AB 1737 (Holden) Childrens camps: safety. (Amended: 6/30/2022) Link Existing law requires the State Public Health Officer to establish rules and regulations establishing minimum standards for organized camps. Existing law requires the State Fire Marshal to adopt minimum fire safety regulations for organized camps. Existing 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. Existing 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.This bill additionally 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. The bill would exempt youth sports leagues and teams, and camps owned or operated by local education agencies, from the definition of a childrens camp.This bill contains other related provisions.

Status: 6/30/2022-Read second time and amended. Re-referred to Com. on APPR.

Elections, Political Reform and Redistricting
AB 1416 (Santiago) Elections: ballot label. (Amended: 6/23/2022) 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, existing 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 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. The bill would require the signers of the ballot arguments to submit the lists of supporters and opponents to the Secretary of State or the respective elections official and would require the Secretary of State or respective elections official to provide those lists to county elections officials as part of the ballot label.

Status: 6/23/2022-Read second time and amended. Re-referred to Com. on APPR.

Calendar: 8/1/2022 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, Chair,

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: 6/22/2022-Read second time. Ordered to third reading. 184

SB 1131 (Newman) Address confidentiality: public entity employees and contractors. (Amended: 6/23/2022) Link Current law authorizes reproductive health care service providers, employees, volunteers, and patients to complete an application to be approved by the Secretary of State for the purposes of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Current law requires an applicant seeking address confidentiality under this program due to their affiliation with a reproductive health care services facility to provide a certified statement signed by a person authorized by the reproductive health care services facility stating that the facility or any of its providers, employees, volunteers, or patients is or was the target of threats or acts of violence within one year of the date of the application. Under current law, any person who makes a false statement in an application is guilty of a misdemeanor. This bill would authorize an applicant seeking address confidentiality under this program to submit a certified statement by the employee, patient, or volunteer for a reproductive health care services facility that they have been the target of threats, harassment, or acts of violence, or a workplace violence restraining order issued because of threats or acts of violence connected with a reproductive health care services facility, as specified, instead of a certified statement from a representative of the reproductive health care services facility.

Status: 6/28/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 28). Re-referred to Com. on APPR.

Calendar: 8/3/2022 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, Chair, Energy
AB 2838 (O'Donnell) Electrical corporations: green tariff shared renewables program. (Amended: 6/22/2022) 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: 6/22/2022-Read second time and amended. Re-referred to Com. on APPR.

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: 6/20/2022) 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.

Status: 6/29/2022-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (June 29). Re-referred to Com. on APPR.

Calendar: 8/3/2022 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, Chair, 185

SB 833 (Dodd) Community Energy Resilience Act of 2022. (Amended: 6/30/2022) Link Current law establishes within the Natural Resources Agency the State Energy Resources Conservation and Development Commission. Current law assigns the 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 to award grants through a noncompetitive process for local governments to develop community energy resilience plans that help achieve energy resilience objectives and state clean energy and air quality goals.

Status: 6/30/2022-Read second time and amended. Re-referred to Com. on APPR.

Calendar: 8/3/2022 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, Chair, Environmental and Climate
AB 1985 (Rivas, Robert ) Organic waste: recovered organic waste product procurement targets. (Amended: 6/30/2022) Link
Existing 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. This bill would require the departments regulations to allow a local jurisdiction to procure a product made from California, landfill- diverted recovered organic waste, as provided, to comply with these recovered organic waste product procurement target requirements. The bill would allow a local jurisdiction, in procuring recovered organic waste products, to utilize California-derived recovered organic waste that is processed outside of the state. The bill would require any penalties imposed by the department on a local jurisdiction that fails to meet its recovered organic waste procurement target to be imposed pursuant to a specified schedule based on the percentage of the local jurisdictions recovered organic waste product procurement target achieved.

Status: 6/30/2022-Read second time and amended. Re-referred to Com. on APPR.

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: 6/27/2022-In committee: Referred to suspense file.

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 186

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 rejects a fee waiver or fee reduction request, to submit the coastal development permit application directly to the commission.

Status: 6/14/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (June 14). Re-referred to Com. on APPR.

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: 6/29/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 28). Re-referred to Com. on APPR.

SB 1044 (Durazo) Employers: state of emergency or emergency condition: retaliation. (Amended: 6/29/2022) 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 a declared 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: 6/29/2022-Read second time and amended. Re-referred to Com. on APPR.

Calendar: 8/3/2022 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, Chair,

187

Homelessness/Tenant Protections
AB 2339 (Bloom) Housing element: emergency shelters: regional housing need. (Amended: 6/20/2022) 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: 6/28/2022-Read second time. Ordered to third reading.

SB 847 (Hurtado) COVID-19 relief: tenancy: grant program. (Amended: 6/16/2022) 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 of Housing and Community Development 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 department 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 has applied for rental assistance funds pursuant to the State Rental Assistance Program and satisfies certain criteria, including that the landlord has received a negative final decision, as specified.

Status: 6/29/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 29). Re-referred to Com. on APPR.

Calendar: 8/3/2022 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, Chair, Housing, Land Use and Planning
AB 916 (Salas) Zoning: accessory dwelling units: bedroom addition. (Amended: 6/23/2022) Link Would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling unit. The bill would apply these provisions only to a permit application for no more than 2 additional bedrooms within an existing dwelling unit. The bill would specify that these provisions are not to be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure. 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: 6/30/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 29). Re-referred to Com. on APPR.
188

Calendar: 8/1/2022 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, Chair, AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022. (Amended: 6/23/2022) Link Would create the Affordable Housing and High Road Jobs Act of 2022, which 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 a requirement that all construction workers 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. By expanding the crime of perjury, the bill would impose a state-mandated local program.

Status: 6/30/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 29). Re-referred to Com. on APPR.

Calendar: 8/1/2022 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, Chair, AB 2097 (Friedman) Residential, commercial, or other development types: parking requirements. (Amended: 6/23/2022) Link
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element, and a conservation element. Current law also permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance will facilitate access to the development by patrons of public transit facilities. This bill would prohibit a public agency, in a county with a population of 600,000 or more, from imposing or enforcing a minimum automobile parking requirement, on any of specified residential, commercial, or other development types if the project is located within 1/2 mile of public transit, as defined. The bill would also prohibit a public agency, in a county with a population of less than 600,000, and a city with a population of 75,000 or more, from imposing or enforcing a minimum automobile parking requirement on specified residential, commercial, or other development types if the project is located within 1/4 mile of public transit. For a city with a population of less than 75,000, or a county with a population of less than 600,000, the bill would authorize that city or county to adopt an ordinance or resolution that applies certain prohibitions regarding the above-described parking requirements within its boundaries. When a project provides parking voluntarily, the bill would authorize a public agency to impose specified requirements on the voluntary parking.

Status: 6/23/2022-Read second time and amended. Re-referred to Com. on APPR.

Calendar: 8/1/2022 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, Chair, AB 2234 (Rivas, Robert ) Planning and zoning: housing: postentitlement phase permits. (Amended: 6/23/2022) Link 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 a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects in the jurisdiction, as specified, 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.

Status: 6/23/2022-Read second time and amended. Re-referred to Com. on APPR. 189

Calendar: 8/1/2022 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, Chair, AB 2656 (Ting) Housing Accountability Act: disapprovals: California Environmental Quality Act. (Amended: 6/23/2022) 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. Current law, 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 fails to issue a project an exemption from CEQA for which it is eligible, as described, or fails to adopt a negative declaration or addendum for the project or to approve another comparable environmental document, if certain conditions are satisfied. Among other conditions, Status: 6/30/2022-From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 29).

SB 6 (Caballero) Local planning: housing: commercial zones. (Amended: 6/20/2022) Link The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Current law requires that the housing element include, among other things, an inventory of land suitable and available for residential development. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all households pursuant to specified law, existing law requires the local government to rezone sites within specified time periods and that this rezoning accommodate 100% of the need for housing for very low and low-income households on sites that will be zoned to permit owner-occupied and rental multifamily residential use by right for specified developments. This bill, the Neighborhood Homes Act, would deem a housing development project, as defined, an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if the development and site meet specified requirements, including that the site is not adjacent to an industrial use or agricultural use. The bill would require the density for a housing development under these provisions to meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of local jurisdiction, including a density of at least 20 units per acre for a suburban jurisdiction. The bill would require the housing development to meet all other local requirements, other than those that prohibit residential use, or allow residential use at a lower density than that required by the bill.

Status: 6/29/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 29). Re-referred to Com. on APPR.

Calendar: 8/3/2022 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, Chair, SB 897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units. (Amended: 6/30/2022) 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 190

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. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

Status: 6/30/2022-Read second time and amended. Re-referred to Com. on APPR.

Calendar: 8/3/2022 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, Chair, SB 1032 (Becker) State Energy Resources Conservation and Development Commission: electrical transmission grid development and expansion: study. (Amended: 6/27/2022) Link Would require the State Energy Resources Conservation and Development 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: 6/27/2022-Read second time and amended. Re-referred to Com. on APPR.

Calendar: 8/3/2022 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, Chair, 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: 6/22/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (June 21). Re-referred to Com. on APPR.

Calendar: 8/1/2022 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, Chair, SB 1338 (Umberg) Community Assistance, Recovery, and Empowerment (CARE) Court Program. (Amended: 6/30/2022) 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 currently experiencing a severe mental illness and have a diagnosis of 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 facts 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 191

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 would prescribe the requirements for the graduation plan. By expanding the crime of perjury and imposing additional duties on the county behavioral health agencies, this bill would impose a state-mandated local program.

Status: 6/30/2022-Read second time and amended. Re-referred to Com. on APPR.

Calendar: 8/3/2022 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, Chair, 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: 6/30/2022-From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 29).

Notes: 03/03/22 DH: Sent detailed breakdown of bills implications to client for review. No further direction provided.

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: 6/27/2022-In committee: Referred to suspense file.

192

AB 2807 (Bonta, Mia) Transportation funding programs: eligibility: commercial harbor craft: public transportation ferries. (Amended: 6/21/2022) 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 commercial harbor craft technologies.

Status: 6/29/2022-From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 29). Re-referred to Com. on APPR.

Calendar: 8/1/2022 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, PORTANTINO, Chair, 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: 6/27/2022-In committee: Referred to suspense file.

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: 6/30/2022-Read second time. Ordered to third reading.

SB 932 (Portantino) General plans: circulation element: bicycle and pedestrian plans and traffic calming plans. (Amended: 6/20/2022) Link
Requires the legislative body of a city or county, upon the next substantive revision of the circulation element occurring on or after January 1, 2025, to develop or update the plan for a balanced, multimodal transportation network, as specified, and to ensure that the plan includes bicycle plans, pedestrian plans and traffic calming plans for any urbanized area, as defined, within the scope of the county or city general plan. Requires a city or county to begin implementation of the plan within two years of the date of adoption of the modified circulation element that includes the bicycle, 193

pedestrian and traffic calming plans.urrent 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: 6/28/2022-From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 2.) (June 27). Re-referred to Com. on APPR.

Calendar: 8/3/2022 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, Chair, Water
AB 2106 (Rivas, Robert ) Water quality: permits. (Amended: 6/30/2022) Link Under existing law, 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. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided. This bill would require, on or before December 31, 2024, the state board to modernize its stormwater data collection systems through specified actions.This bill contains other related provisions and other existing laws.

Status: 6/30/2022-Read second time and amended. Re-referred to Com. on APPR.

SB 1157 (Hertzberg) Urban water use objectives. (Amended: 6/16/2022) Link Current law, until January 1, 2025, establishes 55 gallons per capita daily as the standard for indoor residential water use. Current law establishes, beginning January 1, 2025, the greater of 52.5 gallons per capita daily or a standard recommended by the Department of Water Resources and the State Water Resources Control 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. Current law requires the board, in coordination with the department, to adopt by regulation variances recommended by the department and guidelines and methodologies pertaining to the calculation of an urban retail water suppliers urban water use objective recommended by the department. 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. 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: 6/16/2022-Read second time and amended. Re-referred to Com. on APPR.

Calendar: 8/3/2022 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, Chair,

194