Foster City City Council
August 15, 2022

CITY OF FOSTER CITY

CITY COUNCIL SUBCOMMITTEES POLICY
Purpose
The City Council recognizes that use of standing and ad hoc subcommittees is an appropriate way to focus and accomplish the work of the advisory body. The purpose of this policy is to memorialize the City of Foster City’s City Council Subcommittees model, defining the roll of the subcommittees, the process by which to follow for its creation and dissolvement, as well as specifying certain requirements of City Council Subcommittees.

General Provisions
• Standing and Ad Hoc Subcommittees may be created and dissolved at the discretion of the City Council to address ongoing and/or specific policy initiatives of the City, on an as-needed basis, to provide input and recommendations. Subcommittees are to return to the full City Council with recommendations for action. • The size/Council liaisons assigned to a Stan ding or Ad Hoc Subcommittee must be no more than two Councilmembers (less than a quorum of the governing body). • Fiscal and workload impacts of staffing will be considered when recommending creation of both Standing and Ad Hoc Subcommittees and when granting approval.

City Council Subcommittee Role
In working cooperatively with City staff, the role of subcommittees is to assist the City Council in carrying out its goals and priorities to meet the changing needs of the community.

A. Subco
mmittees develop pro gram and policy recommendations for full City Council consideration at meetings of the City Council. The subcommittees will not make final and binding decisions on behalf of the City, nor will they commit the City’s financial resources.

B. S ubcommittees permit, encourage, and solicit public input from City residents, business owners, employees and others to participate in the city policy -making process at the planning stage of program and policy development.

C. Subcommittees review, monitor, and regularly report to the full City Council on the condition or progress of work programs during the course of the year.

D. Subcommittees review and help coordinate program and department activities with other government agencies and community groups.

E. Subcommittees do not supervise City staff. Subcommittee members may work collaboratively with City staff upon the pre-approval of the City Manager to accomplish specific tasks.

City Council Subcommittee Requirements
The following requirements apply to subcommittees:

A. Each
subcommittee shall consist of no more than two Councilmembers (less than a quorum of the governing body).

ATTACHMENT 2
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B. Subcommittee assignments and appointments (generally per the recommendation of the Mayor) will be made by the majority of the City Council when it adopts its Council Liaison list, which typically takes place during the first regularly scheduled City Council meeting in January each year following the City Council reorganization and as needed.

C. Each subcommittee shall be supported by the Department Head or other staff member (s) that is designated by the City Manager as the staff liaison (s). The staff liaison (s) will attend meetings of the subcommittees

Standing Subcommittees
A. A Standing Subcommittee is created, irrespective of its composition, when it has either: (1) a continuing subject matter jurisdiction; or (2) a meeting schedule fixed by charter, ordinance, resolution, or formal action of the City Council. (California Government Code Section 54952(b)) B. Standing Subcommittees must be created and dissolved at a public City Council meeting. It will be reflected on the Council Liaison List accordingly with the appointed Council Liaisons for full transparency.

C. Standing Subcommittees for purposes of the Ralph M. Brown Act (California Government Code Section 54950 et seq.) will ensure meetings comply with all requirements for standing committees under the Brown Act, as amended from time to time.

D. Standing Subcommittee membership, staff liaison(s), regular meeting times and places (not required, but encouraged), and subject matter jurisdiction will be specified via City Council resolution.

E. Every regular meeting of the Standing Subcommittee must be preceded by a posted agenda that advises the public of the meeting and the matters to be transacted or discussed.

F. Minutes shall be kept of each standing subcommittee meeting by the staff liaison, or as otherwise designated by the City Manager. Sub committee minutes will be maintained in accordance with all applicable requirements of the Ralph M. Brown Act and the California Public Records Act (California Government Code Section 6250 et seq.).

Ad Hoc Subcommittees
A. Ad Hoc Subcommittees, known as temporary advisory committees, composed solely of less than a quorum of the City Council that serves a limited or single purpose, that is not perpetual, and that will be dissolved once its specific task is completed is not subject to the Brown Act. (Californi a Government Code Section 54952(b))
B. Ad Hoc Subcommittees may be created and dissolved at a public City Council meeting or in Closed Session.

Although not required, it may be reflected on the Council Liaison List if possible for full transparency.

C. Ad Hoc Subcommittees are tasked with a limited term assignment and do not have a fixed meeting schedule. They will be created with the intent of scheduling meetings during the business day whenever possible.

D. Ad Hoc Subcommittees are not required to create and post agendas for their meetings or provide for public comment. While not required, the A d Hoc Subcommittees are not precluded from providing members of the public the opportunity to attend their meetings and/or offer input if the subcommittee believes that public input is needed.

City Council Subcommittee Review
Periodically, the City Council will evaluate the subcommittee model for effectiveness, including but not limited to the number and types of subcommittees, and their membership makeup.

_____________________
ADOPTED: July 19, 2021 (via Resolution No. 2021-112)
204
RESOLUTION NO. 2021-112

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

APPROVING A POLICY PROVIDING PRESCRIPTIVE GUIDELINES FOR CITY

COUNCIL SUBCOMMITTEES

CITY OF FOSTER CITY
WHEREAS, City Council Subcommittees are composed of one (1) or two (2) member subsets of the City Council who meet to discuss and provide direction to staff on items or issues that will eventually be considered by the City Council as a body; and WHEREAS, on April 5, 2021, City Council approved via Minute Order a request to agendize an item regarding the establishment of prescriptive guidelines for the creation of standing subcommittees and ad hoc subcommittees; and WHEREAS, the policy memorializes the City Council Subcommittees model, defining the role of the subcommittees, the process by which to follow for its creation and dissolvement, as well as specifying certain requirements of City Council Subcommittees; and
WHEREAS, the policy will also allow consistency in the City's practice and manage City Council's expectations to ensure the subcommittee model is used effectively.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the City Council Subcommittees Policy as set forth.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 19th day of July, 2021, by the following vote:

AYES: Councilmembers Awasthi, Froomin, Hindi, Sullivan, and Mayor Gehani NOES: None
ABSENT: None
ABSTAIN: None
____________________________________

SANJAY GEHANI, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK
205

City Council Subcommittees: Purpose/Mission Statements and Schedules

SUBCOMMITTEE COUNCIL

MEMBERSHIP/STAFF PURPOSE/MISSION STATEMENT MEETING

FREQUENCY/SCHEDULE

STANDING SUBCOMMITTEES
Land Use Membership:

TBD
Staffing Department:

Community Development
The Land Use Subcommittee will provide feedback on
development project proposals and evaluate policies
related to land use and housing with a goal of creating plans and recommending strategies that manage
growth and development consistent with community
values.

Monthly
Second Thursday at 3:00 PM
Infrastructure/Facilities Membership:

TBD
Staffing Departments:

Public Works
Parks and Recreation
The Infrastructure Subcommittee will make
recommendations regarding the alignment of the
City's resources with the need for improvements to the
City’s aging infrastructure, including the streets,
lagoon, levee, wastewater system, parks, and City
facilities.

Bimonthly
Second Tuesday at 3:00 PM
Communications &
Public Engagement
Membership:

TBD
Staffing Department:

Communications/City Clerk
The Communications & Public Engagement
Subcommittee is to provide feedback and insight on
the City’s public information and outreach efforts.

Quarterly
Third Thursday at 3:00 PM
Transportation Membership:

TBD
Staffing Department:

Public Works
The Transportation Subcommittee reviews and
provides recommendations on issues related to
improving traffic flow within Foster City and regionally as it impacts Foster City, including facilitating the use of alternative transportation options including bicycling and walking.

Monthly
First Thursday at 3:00 PM
Economic
Development/
Sustainability
Membership:

TBD
Staffing Department:

City Manager
The Economic Development/Sustainability
Subcommittee is tasked with refining and making
recommendations on the City’s long-term economic
development strategy and sustainability goals, with
the objective of nurturing economic vitality and the
health & well-being of the environment.

Bimonthly
Third Thursday at 9:00 AM
ATTACHMENT 3
206

AD HOC SUBCOMMITTEES
City Manager
Performance Review
(Year 2022)
Membership:

TBD
Staffing Department:

City Attorney
The City Manager Performance Review Ad Hoc
Subcommittee will serve to facilitate the periodic
review of the City Manager’s performance and
accomplishments based on organizational and City
Council priorities, goals, and objectives.

As Needed
Pension Liability (Year
2022)
Membership:

TBD
Staffing Department:

Finance
Human Resources
The Pension Liability Ad Hoc Subcommittee will be
tasked to identify potential policies towards addressing the City's long-term pension obligations in order to
best maintain the City's fiscal integrity.

As Needed
Foster’s Landing Membership:

TBD
Staffing Department:

Community Development
The Foster's Landing Ad Hoc Subcommittee will serve
to discuss strategies and find solutions that will
address the expiring below market rate rental units at
Foster's Landing and tenants that are at the risk of
being displaced.

As Needed
Privacy & Technology Membership:

TBD
Staffing Department:

City Manager
Police
The Privacy & Technology Policy Ad Hoc
Subcommittee will be tasked to discuss potential
elements or measures that could be incorporated in a
policy that would ensure that transparency and
accountability are part of the overall plan for the
acquisition, implementation, use, and the reporting of
applicable information acquired through the use of
technologies.

As Needed
Community
Beautification
Membership:

TBD
Staffing Department:

City Manager
Parks & Recreation
The Community Beautification Ad Hoc Subcommittee
will help identify ways to improve the City’s physical
image and appearance (including but not limited to the
City’s entry landmarks/monuments, signs, etc.).

As Needed

207
Dated: May 2, 2022

FOSTER CITY COUNCIL LIAISONS

POLICY/REGULATORY AGENCIES REPRESENTATIVE/ALTERNATE

1. A
irport Community Roundtable Hindi

2. Airport Land Use Committee (ALUC) Sullivan

3. Association of Bay Area Governments (ABAG) Awasthi/Froomin

4. City/County Association of Governments (C/CAG) Awasthi/Froomin

5. Council of Cities – City Selection Committee Awasthi

6. League of California Cities Awasthi/Froomin
F

OSTER CITY ADVISORY COMMITTEES

1. A
udit Committee Gehani/Sullivan

2. Citizens Sustainability Advisory Committee Hindi/Awasthi

3. Parks and Recreation Committee Sullivan/Awasthi

4. Planning Commission Froomin/Awasthi

5. Traffic Review Committee Froomin/Hindi

6. Youth Advisory Committee Froomin/Gehani
O
THER ORGANIZATIONS (non-regulatory)

1. B
ay Area Water Supply and Conservation Agency (BAWSCA) Hindi

2. Chamber of Commerce Hindi/Awasthi

3. Emergency Services Council Froomin/Gehani

4. Joint Powers Authority Fire Board for the Awasthi/Froomin San Mateo Consolidated Fire Department

5. Library Joint Powers Authority Gehani/Hindi

6. Peninsula Clean Energy Authority Hindi/Sullivan

7. Peninsula Traffic Congestion Relief Alliance (Commute.org) Gehani/Sullivan

8. San Francisco Bay Area Regional Water System Financing Hindi Authority (RFA)

9. San Mateo County Pre-Hospital Emergency Services Froomin/Gehani Medical Group Joint Powers Authority

10. San Mateo-Foster City Elementary School District Sullivan/Hindi

11. San Mateo-Foster City Public Financing Authority (JPFA) Gehani/Sullivan

12. San Mateo Union High School District Sullivan/Hindi

13. South Bayside Waste Management Authority (SBWMA) Froomin/Gehani ATTACHMENT 4
208

FOSTER CITY COUNCIL SUBCOMMITTEES

SUBCOMMITTEES REPRESENTATIVE(S)

1. Land Use Froomin & Hindi

2. Infrastructure/Facilities Awasthi & Sullivan

3. Communications & Public Engagement Awasthi & Gehani

4. Transportation Gehani & Hindi

5. Economic Development/Sustainability Awasthi & Hindi

6. City Manager Performance Review - Year 2022 (ad hoc) Awasthi & Froomin

7. Pension Liability - Year 2022 (ad hoc) Hindi & Sullivan

8. Foster’s Landing (ad hoc) Hindi & Gehani

9. Privacy & Technology (ad hoc) Froomin & Gehani

10. Community Beautification (ad hoc) Froomin & Sullivan 209

DATE: August 15, 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: Benjamin Stock, City Attorney

SUBJECT: APPROPRIATION OF ADDITIONAL FUNDING IN FISCAL YEAR 2021-2022 TO THE CITY ATTORNEY/DISTRICT LEGAL

COUNSEL GENERAL FUND BUDGET

RECOMMENDATION

It is recommended that City Council/EMID Board of Directors adopt the attached resolutions authorizing the appropriation of an additional $29,000 in Fiscal Year 2021-2022 to City Attorney General Fund, Account No. 001-0310- 412-4251, for Legal Services.

EXECUTIVE SUMMARY

For FY 2021-2022, the City/EMID budgeted $590,352 for City Attorney/District Legal Counsel services. Due to an increased need for services from the City Attorney/District Legal Counsel throughout FY 2021-2022, a budget augmentation is necessary in the amount of $29,000 to close out FY 2021- 2022.

BACKGROUND/ANALYSIS

During the last fiscal year, the City Attorney/District Legal Counsel was asked 210
to provide levels of services/support which were not anticipated when the FY 2021-2022 budget was approved.

For FY 2021-2022, the City/EMID budget for City/District legal services was established based on known upcoming projects, cases, and ongoing matters.

In the budget message last year, it was noted that a budget augmentation would be requested if unanticipated legal matters arose during the year.

Several unanticipated matters arose requiring legal services and several anticipated projects required additional legal services. This included work by both the City Attorney/District Legal Counsel and outside counsel on the following matters:
 Various Personnel Matters - Providing legal assistance to Human Resources staff for unanticipated, complex personnel matters  City Manager Recruitment - Providing legal assistance to the City Council and Human Resources staff for the thorough and extended recruitment of a new City Manager
 Housing Element - Providing legal advice to the Community Development Department throughout the process of updating the Housing Element for 2023-2031
 Mariners Point Golf Course - Providing legal advice to the City Manager, Community Development Department staff, and City Council regarding the Mariners Point Golf Course property
 Development Impact Fees - Providing legal assistance to Community Development Department staff throughout the process for adopting new Development Impact Fees
 Business License Tax - Providing legal advice to City Manager Department staff and City Council as an update to the Business License Tax was considered
 Classification Study/FLSA Matter - Providing legal advice to the Human Resources Department staff on the Classification Study and resulting matter related to the Fair Labor Standards Act
Because additional legal services were required, staff is requesting additional funds in the amount of $29,000 to augment the City Attorney/District Legal Counsel Department budget and to close out FY 2021-2022.

FISCAL IMPACT

With City Council/EMID Board of Directors approval of the budget adjustment 211
request, an additional $29,000 will be allocated to the City Attorney/District Legal Counsel General Fund, Account No. 001-0310-412-4251 for FY 2021- 2022.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

Legal services provided by the City Attorney is important to promoting the Mission of the City of Foster City, ensuring the City is able to deliver equitable services that are customer focused. The City Attorney is vital in navigating various risks as the organization pursues the Vision of creating a sustainable Foster City through smart, inclusive and efficient actions to enhance our quality of place for current and future generations.

Attachments:
 Attachment 1 – City Resolution
 Attachment 2 – EMID Resolution
212
RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROPRIATING AN ADDITIONAL $29,000 IN FISCAL YEAR 2021-2022 TO THE CITY ATTORNEY GENERAL FUND, ACCOUNT NO. 001-0310-412-4251, FOR LEGAL

SERVICES

CITY OF FOSTER CITY
WHEREAS, the City of Foster City had budgeted $590,352 in FY 2021-2022 for City Attorney contractual services, including other attorney services as needed; and WHEREAS, work performed by the City Attorney have provided a variety of unanticipated but necessary services during FY 2021-2022; and WHEREAS, these services required more extensive work than anticipated in the City Attorney’s Department Budget for FY 2021-2022; and WHEREAS, the City Council finds that these services were needed and that a budget augmentation is required in order to fund the City Attorney functions provided through the end of FY 2021-2022.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby appropriate an additional $29,000 in Fiscal Year 2021-2022 to the City Attorney/District Legal Counsel General Fund, Account No. 001-0310-412-4251, for legal services.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
213
RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROPRIATING AN ADDITIONAL $29,000 IN FISCAL YEAR 2021-2022 TO THE CITY ATTORNEY GENERAL FUND, ACCOUNT NO. 001- 0310-412-4251, FOR LEGAL SERVICES

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Estero Municipal Improvement District (EMID) had budgeted $590,352 in FY 2021-2022 for District Legal Counsel contractual services, including other attorney services as needed; and
WHEREAS, work performed by the District Legal Counsel have provided a variety of unanticipated but necessary services during FY 2021-2022; and WHEREAS, these services required more extensive work than anticipated in the District Legal Counsel’s Department Budget for FY 2021-2022; and WHEREAS, the Board of Directors finds that these services were needed and that a budget augmentation is required in order to fund the District Legal Counsel functions provided through the end of FY 2021-2022.

NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby appropriate an additional $29,000 in Fiscal Year 2021-2022 to the City Attorney/District Legal Counsel General Fund, Account No. 001-0310-412-4251, for legal services.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 15th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
214

DATE: August 15, 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: Maria Saguisag-Sid, Human Resources Director

SUBJECT: APPROPRIATION OF ADDITIONAL FUNDING TO THE

COMMUNICATIONS/CITY CLERK DEPARTMENT'S BUDGET
FOR FY 2022-2023

RECOMMENDATION

It is recommended that the City Council/EMID Board of Directors (hereinafter referred to as "City Council") adopt the attached resolutions authorizing the appropriation of an additional $39,422 from the General Fund Reserves to fund the salary and benefits for staffing adjustment in the Communications/City Clerk Department. These funds would be allocated to the Communications/City Clerk Department's General Fund Account for salary, benefits, and related employment taxes.

EXECUTIVE SUMMARY

A member of the Communications/City Clerk Department is currently on a leave of absence which started in July 2022 that is expected to last for approximately 5 months. To make sure that services within the department continue with limited disruption, staff is requesting to upgrade the Deputy City Clerk to Acting Communications Director/City Clerk and augment the hours for the Office Assistant from 30 hours to up to 40 hours, to provide coverage 215
while the employee is away on leave. The estimated amount of these staffing adjustments total $32,381. Additionally, staff is requesting an appropriation in the amount of $7,041 to fund a settlement agreement related to an FLSA classification discrepancy.

BACKGROUND/ANALYSIS

Temporary Staffing of City Clerk's Division
The Communications/City Clerk Department is made up of 4.75 full-time equivalent (FTE) employees. Those positions include the full-time City Clerk/Communications Director, Deputy City Clerk, Communications Manager, Social Media & Communications Assistant, and a part-time, 30-hour Office Assistant. Human Resources was notified by one of the employees of their need for a leave of absence, which is projected to be temporary for a period of five months. To protect the privacy of the individual going on a leave of absence, the name of the employee taking leave will not be listed in this staff report.

Staff reviewed several options on how to address the coverage of duties during the employee's absence. After reviewing several options, it was determined to have one of the current employees within the department upgraded into an acting Communications Director/City Clerk position on a temporary basis until mid-December, and to increase the hours for the Office Assistant from 30 to up to 40 hours a week, to allow for continued service to the community and organization. In order to move forward, staff is requesting the City Council approve a budget augmentation in the amount of $32,381 for the Communications/City Clerk Department's general fund budget, so that these adjustments can be made effective August 16, 2022.

FLSA Settlement Agreement
The Human Resources Department conducted a Classification Study and is nearing the final steps of the project. Part of the study included reviewing classifications to ensure that they are properly classified as exempt or non- exempt under the Fair Labor Standards Act (FLSA). Upon review, the consultant conducting the study informed staff that three positions appeared to be misclassified as exempt instead of non-exempt. Staff worked with the City Attorney's office to do an additional review and determined that the three positions (Deputy City Clerk, Police Records Supervisor, and Human Resources Technician) were in fact misclassified. Staff has met with the three individuals to resolve this situation. The Police Records Supervisor has 216
no identified exposure. The Human Resources Technician positions had minimal exposure in the amount of $124.11, and the Human Resources budget has funds available to cover this amount. The Deputy City Clerk's position was identified with a possible exposure resulting in the determination of a settlement agreement of $7,041. Staff is requesting the additional budget augmentation in the amount of $7,041 to resolve this issue.

FISCAL IMPACT
The total requested funds for the Communications/City Clerk Department's budget is $39,422 and will be assigned to the proper sub-accounts under General Fund account 001-0210-411.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

These actions support the City Council's mission to deliver equitable services that are customer-focused and promote a vibrant economy. This action also supports "Staff Empowerment and Operational Excellence" Value/Priority Area, allowing the organization to focus on key outcomes of attracting and retaining high-caliber talent to support service delivery. By meeting these key outcomes, the City will continue to be able to proactively provide exceptional service within our organization and to our community.

Attachments:
 Attachment 1 - City Resolution
 Attachment 2 - EMID Resolution
217
RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROPRIATING AN ADDITIONAL $39,422 IN FISCAL YEAR 2022-2023 TO THE COMMUNICATIONS/CITY CLERK DEPARTMENT GENERAL FUND ACCOUNT NO. 001-0210-411-4110

CITY OF FOSTER CITY
WHEREAS, the Communications/City Clerk Department is in need of upgrading an employee to Acting Communications Director/City Clerk and increasing the hours of the Office Assistant position from 30 to up to 40 hours during an employee’s leave of absence to provide continuation of services; and
WHEREAS, the Deputy City Clerk position will now be classified as non-exempt and compensated hourly in order to ensure continued compliance with the Federal Labor Standards Act (“FLSA”); and
WHEREAS, there is a need to augment the FY 2022-2023 budget in order to adequately fund the Communications/City Clerk Department’s Budget to cover the projected cost of the salary, benefits and associated taxes; and WHEREAS, the additional projected cost of the salary, benefits and associated taxes is $39,422; and
WHEREAS, an additional budget allocation is required to cover those additional cost.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize an appropriation of an additional $39,422 to the Communications/City Clerk Department’s General Fund Budget, Account Number 001- 0210-411-4110 in Fiscal Year 2022-2023 and reclassifies the position of Deputy City Clerk as non-exempt under the FLSA.
218
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 15h day of August 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
219
RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROPRIATING AN ADDITIONAL $39,422 IN FISCAL YEAR 2022-2023 TO THE COMMUNICATIONS/CITY CLERK DEPARTMENT GENERAL FUND ACCOUNT NO. 001-0210-411-4110

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Communications/City Clerk Department is in need of upgrading an employee to Acting Communications Director/City Clerk and increasing the hours of the Office Assistant position from 30 to up to 40 hours during an employee’s leave of absence to provide continuation of services; and
WHEREAS, the Deputy City Clerk position will now be classified as non-exempt and compensated hourly in order to ensure continued compliance with the Federal Labor Standards Act (“FLSA”); and
WHEREAS, there is a need to augment the FY 2022-2023 budget in order to adequately fund the Communications/City Clerk Department’s Budget to cover the projected cost of the salary, benefits and associated taxes; and WHEREAS, the additional projected cost of the salary, benefits and associated taxes is $39,422; and
WHEREAS, an additional budget allocation is required to cover those additional cost.

NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize an appropriation of an additional $39,422 to the Communications/City Clerk Department’s General Fund Budget, Account Number 001-0210-411-4110 in Fiscal Year 2022-2023 and reclassifies the position of Deputy City Clerk as non-exempt under the FLSA.
220
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 15h day of August 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
221

DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Jennifer Phan, Deputy City Manager
Julie Paping, Principal Management Analyst

SUBJECT: EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY, THE CONTINUING NEED FOR CITY

COUNCIL AND PLANNING COMMISSION AND COMMITTEES

TO MEET BY TELECONFERENCE FOR INCREASED

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

RECOMMENDATION

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

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

BACKGROUND

On March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the outbreak of respiratory illness due to the novel Coronavirus (COVID-19). On March 5, 2020, San Mateo County declared a Local Health 222
Emergency pursuant to Health and Safety Code Section 101080 due to the introduction of COVID-19 in San Mateo County. On March 16, 2020, the County of San Mateo Public Health Officer issued an order to "shelter in place", effective March 17, 2020 at 12:01 am. This order, amongst other things, ceased non-essential activities in the County in an effort to mitigate the impacts of COVID-19. Essential City operations like police, fire, and wastewater treatment services, as well as the maintenance of critical infrastructure, are continuing to be provided. Most other City services have returned to pre-pandemic levels or have been reasonably modified (for a limited basis) in conjunction with the Health Officer’s order or to administer City operations.

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

Local Emergency

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

To-date, the City Council had approved the continuation of the proclamation of the existence of a local emergency at its meetings on April 6, June 1, July 20, September 8, November 2, 2020, January 4, March 1, May 17, July 19, September 20, November 15, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, and July 18, 2022. Per Government Code Section 8630, the City Council must reevaluate whether to continue the 223
proclamation of the existence of a local emergency every sixty (60) days until the emergency is terminated. Given the conditions creating the local emergency have not entirely abated, one of the items for City Council consideration is to extend the proclamation.

Continuing In-Person/Teleconference Hybrid Meetings

Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. AB 361 comes as the provisions of Executive Order No.

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

On October 18, 2021, the City Council/Board of Directors approved resolutions to implement and utilize teleconference accessibility to conduct public meetings, pursuant to AB 361. Findings must be made every thirty (30) days to continue to the practice of such. By approving the resolutions attached, the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable. Approving the resolutions under AB 361 would also allow the continued flexibility that was provided by Executive Order No. N-29-20 to allow
Councilmembers/EMID Board Members or Planning Commissioners and other Committee Members to attend the meeting via teleconference without following the normal teleconference requirements under the Brown Act, which include listing the teleconference location on the published agenda and posting the agenda at the site of the teleconference. If circumstances change and it is determined that safety concerns prohibit in-person meeting participation entirely, members may pivot to teleconferencing only without the preparation that is otherwise required under the Brown Act, while maintaining accessible public meetings.
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Timeline

A summarized timeline of the various directives and orders as it pertains to the County of San Mateo, from the start of the pandemic to-date, is outlined in Attachment 3. At the outset of the pandemic, health orders were frequently changing in response to the varying COVID-19 case/transmission rates. City staff has since then provided updates to City Council at its regular meetings to keep both the City Council and the community abreast of any new developments on COVID-19 that may arise. The frequency of these updates transitioned to a monthly basis on March 2020. In alignment with the State's reopening, as well as the County of San Mateo ceasing its biweekly briefings, these updates are provided (for informational purposes only) on an as needed basis or every thirty (30) days when the proclamation of the existence of a local emergency is brought brought back to City Council for renewal (until no longer necessary) in conjunction with the findings of continuing the need to conduct teleconferenced meetings until no longer applicable. Timely updates and information will continue to be issued and available through the County of San Mateo directly, or on the City website and via the weekly e-Newsletter.

Latest Updates
San Mateo County remains in the High/Red COVID-19 Community Level category. The CDC determines Community Level category based on the county's case rate, new COVID-19 hospital admissions, and the percentage of in-patient beds in use by COVID-19 patients. The CDC, with support from San Mateo County, recommends that residents wear high quality masks (N95/KN95) indoors in public and on public transportation, stay up to date with COVID-19 vaccines, get tested if symptomatic, and, if infected, consult with a doctor or Test-to-Treat facility.

Testing for Covid-19 is available for everyone who lives or works in San Mateo County at no cost. LHI/OptumServe is offering Test-to-Treat sites in San Mateo County, where individuals can be tested for COVID-19 and, if positive, assessed for oral medications to be dispensed at the site.

LHI/OptumServe offers both rapid antigen tests and PCR tests. Appointments should be scheduled in advance for antigen tests and can be made at the LHI/OptumServe website (https://lhi.care/covidtesting) or by calling (888) 634- 1123. Appointments are not required for PCR testing, though they are strongly encouraged. Antigen and PCR tests are also available through BayPLS. Appointments are strongly encouraged and can be made by visiting 225
https://bayareapls.com/book-online/.

Vaccinations and first and second booster shots are still available throughout San Mateo County, at County-sponsored clinics, community clinics, private health care providers, pharmacies and other venues. To find a clinic, please visit https://www.smchealth.org/vaccine-clinic-calendar. Appointments are not required, though strongly encouraged at all clinics. Appointments can be made online at https://www.vaccines.gov/ or https://myturn.ca.gov or by calling the CA COVID-19 Hotline at (833) 422-4255. Homebound residents may schedule in-home appointments by visiting https://myturn.ca.gov/ or by calling (833) 422-4255. Families seeking vaccines for children under age 5 should contact their pediatric care provider to schedule an appointment.

Information is also available on MyTurn.

Adults 50 years and older and people ages 12 years and older who are moderately or severely immunocompromised are now eligible for a second COVID-19 booster, four months after their first booster. Those eligible for a second booster may book an appointment through the state's MyTurn system.

The County Health's community clinics will provide boosters for walk-ins, though appointments are recommended to avoid long waits.

As of August 1, 2022, a total of 714,097 individuals have been vaccinated in San Mateo County with at least one dose, representing 92% of the population. 85% of the population have completed the vaccination series.

ANALYSIS

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

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

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FISCAL IMPACT

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

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

This item is in alignment with the "City Council Operations and Improved Community Engagement," "Public Safety and Social Equity," and "Staff Empowerment and Operational Excellence" Value/Priority Areas. The City recognizes the importance of reliable and timely communications to the public, and as such, will continue to ensure delivery of information for all matters related to City services and COVID-19 response and recovery are shared. Increasing accessibility to public meetings amid the COVID-19 crisis encourages the public to engage with the City Council/EMID Board of Directors, Planning Commission, and Committees in an equitable and safe manner.

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

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

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

THE CONTINUING NEED FOR THE CITY COUNCIL, PLANNING COMMISSION AND

COMMITTEES TO MEET BY TELECONFERENCE AND ALLOWING FOR INCREASED

MEETING ACCESSIBILITY VIA IN PERSON AND TELECONFERENCE MEETING

PARTICIPATION

CITY OF FOSTER CITY
WHEREAS, on January 30, 2020, due to confirmed cases of a severe acute respiratory illness caused by a new coronavirus (“COVID-19”), the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern, and on January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America; and
WHEREAS, on or about March 4, 2020, as part of the State of California's response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the potential introduction of COVID-19 in San Mateo County; and
WHEREAS, on March 12, 2020, the President of the United States declared a National Emergency in response to the spread of COVID-19; and WHEREAS, Section 2.40.070(A) of the Foster City Municipal Code empowers the City Manager, as the Director of Emergency Services, to proclaim (subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, based on the expanding threat of the novel COVID-19 virus, the City Manager, Acting as Director of Emergency Services, of the City of Foster City proclaimed the existence of a local emergency within the City on March 16, 2020; and WHEREAS, on March 18, 2020, per Resolution No. 2020-23, the City Council of the City of Foster City ratified the proclamation of the Director of Emergency Services and 228
extended the period of the existence of a Local Emergency for an additional 30 days or unless sooner terminated; and
WHEREAS, on April 6, 2020, June 1, 2020, July 20, 2020, September 8, 2020, November 2, 2020, January 4, 2021, March 1, 2021, May 17, 2021, July 19, 2021, September 20, 2021, November 15, 2021, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, and July 18, 2022, per Resolutions No. 2020-33, 2020-50, 2020-75, 2020-96, 2020-113, 2021-9, 2021-24, 2021-63, 2021-103, 2021-129, 2021-172, 2021-185, 2022-5, 2022-15, 2022-28, 2022-39, 2022-52, 2022-71, and 2022- 88 respectively, the City Council of the City of Foster City extended the period of the existence of a Local Emergency for an additional 60 days or unless sooner terminated; and
WHEREAS, San Mateo County had completed the variance process as set forth by the California Department of Public Health on June 15, 2020, allowing the County for a gradual re-opening to match the maximum as allowed by the State’s Resilience Roadmap; and
WHEREAS, although collective efforts taken to date regarding this public health emergency have slowed the virus’ trajectory, the emergency and the attendant risk to public health remain significant; and
WHEREAS, San Mateo County was added to the State’s monitoring list on July 29, 2020 and since then ranked in the Purple or Widespread risk level on August 28, 2020, in the Red or Substantial risk level on September 22, 2020, in the Orange or Moderate risk level on October 27, 2020, and in the Red or Substantial risk level on November 17, 2020; and
WHEREAS, San Mateo County then rolled back to the Purple or Widespread risk level on November 29, 2020 and a Limited Stay at Home order went into effect on November 30, 2020, with a Regional Stay at Home order to follow on December 17, 2020; and
WHEREAS, once the Regional Stay at Home order was lifted, San Mateo County rolled back to the Purple or Widespread risk level on January 25, 2021, moving into the Red or Substantial risk level on February 24, and then into the Orange or “Moderate” risk level on March 17; and
WHEREAS, the State has transitioned away from the Blueprint for a Safer Economy beginning June 15, 2021; however, the conditions creating the local emergency have not entirely abated, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations; and
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WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on October 18, 2021 the City Council adopted City Resolution No. 2021-155 proclaiming the continuing need for the City Council, Planning Commission and Committees to meet by teleconference and allowing for increased meeting accessibility via in person and teleconference meeting participation; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Foster City:

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

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

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

4. The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Committees have conducted meetings remotely during the course of the COVID-19 pandemic, and have begun conducting hybrid meetings in accordance with Government Code section 54953(e
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5. The State of California and the City of Foster City continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees.

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

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

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 15th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
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RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT PROCLAIMING THE CONTINUING NEED FOR THE

ESTERO MUNICIPAL IMPROVEMENT DISTRICT BOARD OF DIRECTORS,

PLANNING COMMISSION, AND COMMITTEES TO MEET BY TELECONFERENCE

AND ALLOWING FOR INCREASED MEETING ACCESSIBILITY VIA IN PERSON AND

TELECONFERENCE MEETING PARTICIPATION

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic and such State of Emergency remains in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, on October 28, November 15, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, and July 18, 2022 per Resolutions No. 3610, 3621, 3624, 3630, 3634, 3637, 3644, 3646, 3655, and 3666 respectively, the EMID Board of Directors proclaimed the continuing need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to meet by teleconference and allowed for increased meeting accessibility via in person and teleconference meeting participation; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the Estero Municipal Improvement District finds that:

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

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

3. The City Council/EMID Board of Directors and Planning Commission have safety measures and technology in place to allow hybrid meetings which allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety of appearing in person for meetings because the number of attendees is reduced. Committees have conducted meetings remotely during the course of the COVID-19 pandemic, and have begun conducting hybrid meetings in accordance with Government Code section 54953(e).

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

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

BE IT FURTHER RESOLVED, that the EMID Board of Directors determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council/EMID Board and appointed Committee and Commission members to meet safely in person. 233
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the special meeting held on the 15 th day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
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Attachment 3
NOVEL CORONAVIRUS (COVID-19) TIMELINE
Last Updated: Tuesday, August 2, 2022

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

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

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

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

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

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

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

June 17, 2020 The County of San Mateo Public Health Officer rescinded the shelter in place order and replaced it with the Safer Community Order. The Safer Community Order aligned County of San Mateo with the State’s Resilience Roadmap and limits gatherings to no more than 50 people, outlined social distancing and face covering requirements, allowed for "social bubbles," and required businesses to implement a social distancing protocol and written health and safety plans.

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

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

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

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

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

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

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

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

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

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

March 17, 2021 County of San Mateo moved into the orange tier rank or "moderate" county risk level. 235
April 2, 2021 The California Department of Public Health and the Centers for Disease Control and Prevention released updated guidance recommending delaying travel until persons are fully vaccinated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

October 18, 2021 City of Foster City/EMID adopts resolutions so the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without 236
interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable, under AB 361.

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

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

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

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

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

March 7, 2022 The City Council returned to in-person hybrid public meetings.

March 14, 2022 Indoor masking is no longer required, though strongly encouraged, at City facilities.

April 6, 2022 California Department of Public Health updated is guidance so that masking in schools is no longer required, though strongly encouraged.

April 18, 2022 Federal judge issues ruling that masks are no longer required on public transportation conveyances and at transportation hubs.

June 18, 2022 The CDC approved COVID-19 vaccinations for children at least 6 months of age.

June 30, 2022 San Mateo County was moved from the Medium/Yellow to the High/Red CDC COVID-19 Community Level category.
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Attachment 4
NOVEL CORONAVIRUS (COVID-19) RESPONSE PLAN SUMMARY
Last Updated: Tuesday, August 2, 2022
OVERALL OBJECTIVE: To keep the community safe, reduce the risk of transmission, and help slow the spread novel Coronavirus (COVID-19)

OBJECTIVE ACTION ITEMS STATUS
Monitor the evolving COVID-19 situation and work closely with the County and neighboring jurisdictions
Update Countywide Matrix with operational changes (Last Updated 03/18/20) Participate in conference calls which includes Elected Officials, City Managers, City Attorneys, Public Safety (Daily Until 03/25/20; Monday, Wednesday, Friday Until 05/18/20; Wednesday & Friday Until 06/24/20; Wednesday Until 10/21/20; Transitioned to Every 2 Wednesdays Until 06/09/21, Ending Thereafter) Participate in Special Briefings which includes Elected Officials, City Managers, and Public Safety as needed (01/13/22)
Nexus with City Attorney/County Counsel for Guidance (As Needed) Update 211 Bay Area (a program of United Way Bay Area) with City Updates Ongoing
Work in alignment with SMC Fire (Member Agencies) to coordinate response Proclamation of Local Emergency (City Manager/Director of Emergency Services Proclaimed on 03/16/20; City Council Ratified on 03/18/20; Extended on 04/06/20, 06/01/20, 07/20/20, 09/08/20, 11/02/20, 01/04/21, 03/01/21, 05/17/21, 07/19/21, 09/20/21, 11/15/21, 12/13/21, 01/18/22, 2/22/22, 3/21/22, 4/18/22, and 5/16/22 Joint, Multiagency Emergency Operation Center (Activated on 03/16/20; Transitioned from Assigned Foster City Liaison to Multiple Staffed Positions; Transitioned to Virtual EOC on 05/11/20; Closed EOC on 05/29/20)
oDaily Emergency Action Plan (EAP) prepared and distributed by EOC oDaily Situation Status Report (SIT STAT) created and distributed by EOC Ongoing

TO MAINTAIN COMPLIANCE WITH PUBLIC

HEALTH ORDERS FROM THE COUNTY AND

STATE (SHELTER IN PLACE/STAY AT HOME)
Implement adjustments to City services and operations in response to Public Health Orders Ongoing 238

 Order No. c19-2, dated March 12, 2020
oCancelled all non-essential meetings, events, and large gatherings through month of March
oIssued refunds for voluntary cancellations
oNo longer accepted new facility reservation requests
oImplemented social distancing measures for any upcoming, essential meetings
oRestricted non-essential travel for all employees
oEncouraged public to utilize City services available online, over-the-phone, and/or email
 Order No. c19-5, dated March 16, 2020
oCity Facilities Closure through April 7, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
oTransitioned all future City Council and Planning Commission meetings to be conducted via teleconference/video conference
oCancelled all classes and programs through April 7, 2020 oTransitioned employees to telework/remote
 Order No. c19-5b (Revised), dated March 31, 2020
oCity Facilities Closure through May 3, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
oExtended limitations to recreational activity spaces, with only park pathways and open green space (nonathletic fields) remaining opening oCancelled all non-essential meetings and events through May 3, 2020 oIssued stop work orders to cease all non-essential construction activity immediately
oPosted required Social Distancing Protocol and Signage  Health Recommendation (to Cover Face), dated April 2, 2020 oAll essential workers on-site, in-field to follow same recommendations and be an example to the community by wearing appropriate coverings at all times  Order No. c19-8, dated April 17, 2020
oAll employees to have face coverings at all times, when working with others and in areas that are frequented by your co-workers, including hallways, restrooms, stairways, lunch and break rooms, and other shared spaces.  Order No. c19-5c (Revised), dated April 29, 2020
oCity Facilities Closure through May 31, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
oCancelled all non-essential meetings and events through May 31, 2020 oConstruction, landscaping and gardening work allowed to resume 239

oPosted required, updated Social Distancing Protocol and Signage oDeveloping phased reopening of City facilities based on evaluation of easing of restrictions within Order
 Order No. c19-5d (Revised), dated May 15, 2020
oDeveloped phased reopening of City facilities based on evaluation of easing of restrictions within Order, with outlined protocols and best practices on preventative measures, site-specific changes, reconfigurations, screening, cleaning/disinfecting, communication & posting, etc.
oOutdoor facilities with high-touch equipment or that encourage gathering must remain closed to public access. Such facilities include playgrounds, gym equipment, climbing walls, picnic areas, dog parks, spas, and barbecue areas. oRemoval of previous order’s limit on travel for recreational activities to within 10 miles from home
 Order No. c19-8b (Revised), dated May 19, 2020
oAll members of the public and workers to wear face coverings at all times  Order No. c19-5e (Revised), dated May 28, 2020
oAdditional activities allowed, including places of worship, retail, car parades, and protests
oReopened four (4) pickleball and two (9) tennis courts; implementing reservation system and active monitoring by City staff
oCancelled all non-essential meetings and events through June 30, 2020 oReevaluated all major City special events (such as Fourth of July, Summer Concerts, and Summer Days) and proposed plans for events in virtual, modified formats
 Order No. c19-5f (Revised), dated June 4, 2020
oAdditional activities allowed, including outdoor dining, charter boat operations, and funerals
oReopened beach parks, boat docks, two (2) walking tracks, and parking lots of all (except one) park sites
oDeveloped visitor protocols to provide guidance on requirements and expectations of those seeking in-person services, with outlined protocols and best practices on preventative measures, self-health assessments, face covering and social distance requirements, capacity levels, etc. oMore employees reintroduced into the workplace; implementation of appointment scheduling software to allow in-person services beginning June 15, 2020
 Order No. c19-11, dated June 17, 2020
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oLimits gatherings to no more than 50 people, outlines social distancing and face covering requirements, allows for social bubbles of no more than 12, and requires businesses to implement a social distancing protocol and written health and safety plans
oReopened all pickleball and tennis courts, as well as removed reservation system and active monitoring by City staff
oReopened bocce ball courts and volleyball courts
oReopened park restrooms at five (5) locations
oMore employees to be reintroduced into the workplace; however reopening of all City facilities postponed until further notice
 County Added to State Monitoring List, July 29, 2020
oShut down of certain industries or activities, unless modified to operate outside
oCity temporarily suspends code enforcement actions against businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices that are not currently permitted to provide outdoor operations oSkate park reopened on August 14, 2020
 County Ranked Purple in State’s New Color-Coded Reopening System, August 28, 2020 oEffective August 31, all retail and shopping centers can open at 25% capacity, and all hair salons and barbershops can resume indoor operations  County Ranked Red in State’s New Color-Coded Reopening System, September 22, 2020
oRestaurants indoors (max 25% capacity or 100 people, whichever is fewer) oAll retail indoors (max 50% capacity)
oShopping centers, swap meets indoors (max 50% capacity, closed common areas)
oPersonal care services – hair and nail salons, barbershops (open with modifications)
oMuseums, zoos and aquariums (max 25% capacity)
oPlaces of worship (max 25% capacity or 100 people, whichever is fewer) oMovie theaters in doors (max 25% capacity or 100 people) oSchools one step closer to reopening (only after two weeks in Tier 2/Red)  CA Department of Public Health New Guidance on Playgrounds and Outdoor Recreational Facilities, September 28, 2020
oPlaygrounds, basketball courts, all park bathrooms, the Fitness Court, and the Skate Park to reopen, with restrictions, on October 8
oParks staff preparing for reopening of amenities by sanitizing all playgrounds and removing fencing
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 County Ranked Orange in State’s Color-Coded Reopening System, October 27, 2020 oIndoor family entertainment centers, outdoor bars and breweries not oserving food, indoor climbing walls and certain other businesses and activities to open with capacity restrictions
oDine-in restaurants, movie theaters, places of worship and additional businesses can boost their indoor capacities as well
 Order No. c19-7c (Revised), dated October 29, 2020
oUpdated orders for individuals who are close contacts of a positive case (for quarantine) or who have tested positive for COVID-19 (for isolation), along with instructions for home quarantine and home isolation oSpecific rules applicable to health care workers and first responders  County Ranked Red in State’s Color-Coded Reopening System, November 17, 2020 oRestaurants indoors (max 25% capacity or 100 people, whichever is fewer) oAll retail indoors (max 50% capacity)
oShopping centers, swap meets indoors (max 50% capacity, closed common areas)
oPersonal care services – hair and nail salons, barbershops (open with modifications)
oMuseums, zoos and aquariums (max 25% capacity)
oPlaces of worship (max 25% capacity or 100 people, whichever is fewer) oMovie theaters in doors (max 25% capacity or 100 people, whichever is fewer) oGyms and fitness centers indoors (max 10% capacity)
 County Ranked Purple in State’s Color-Coded Reopening System, November 29, 2020 and Limited Stay at Home Order, starting November 30, 2020 oBusinesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
oShopping malls and all retail must operate at no more than 25 percent capacity.
oProhibited residents from leaving their homes to gather with other households from 10 p.m. to 5 a.m.
 Regional Stay at Home Order, starting December 17, 2020 oProhibits private gatherings of any size, except for outdoor church services and political demonstrations.
oRestaurants must stop offering in-person dining and can offer only take-out and delivery.
oMany businesses and activities must close, including salons and barbershops. oRetail can remain open at 20 percent capacity.
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oNonessential travel and the use of hotels or short-term rentals for leisure is banned.
 County Ranked Purple in State’s Color-Coded Reopening System, January 25, 2021 oBusinesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
oShopping malls and all retail must operate at no more than 25 percent capacity.
 County Ranked Red in State’s Color-Coded Reopening System, February 24, 2021 oRestaurants indoors (max 25% capacity or 100 people, whichever is fewer) oAll retail indoors (max 50% capacity)
oShopping centers, swap meets indoors (max 50% capacity, closed common areas)
oPersonal care services – hair and nail salons, barbershops (open with modifications)
oMuseums, zoos and aquariums (max 25% capacity)
oPlaces of worship (max 25% capacity or 100 people, whichever is fewer) oMovie theaters in doors (max 25% capacity or 100 people, whichever is fewer) oGyms and fitness centers indoors (max 10% capacity)
 County Ranked Orange in State’s Color-Coded Reopening System, March 17, 2021 oRestaurants indoors (max 50% capacity or 200 people, whichever is fewer) oAll retail/shopping indoors (open with modifications, closed common areas and reduced capacity in food courts)
oMuseums, zoos and aquariums (max 50% capacity)
oPlaces of worship (max 50% capacity or 200 people, whichever is fewer) oMovie theaters indoors (open with modifications)
oGyms and fitness centers indoors (max 25% capacity, indoor pools and climbing walls open)
 CA Department of Public Health New Guidance on Travel, April 2, 2021 oCDPH and the CDC recommend delaying travel until persons are fully vaccinated. Fully vaccinated travelers should follow CDC travel guidance and are not required to test or quarantine before or after travel unless they have symptoms concerning for COVID-19 disease.
Governor Gavin Newsom outlines the State’s next step in the COVID-19 pandemic recovery, moving beyond the Blueprint for a Safer Economy, and announces that on June 15, California will fully reopen if criteria are met.  CA Department of Public Health New Guidance on Gatherings and Live Events, April 15, 2021
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oFor the Orange Tier starting on April 15, outdoor gathering size increases to 50 people.
oFor private events or meetings such as receptions or conferences, outdoor gatherings are limited to 100 people.
oIndoor live events or performances are allowed with capacity limits and modifications including physical distancing, advance ticket purchases, designated areas for eating and drinking, and attendance limited to in-state visitors.
 CA Department of Public Health New Guidance on Use of Face Coverings, May 3, 2021 oFor fully vaccinated persons, face coverings are not required outdoors except when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings. oFor unvaccinated persons, face coverings are required outdoors any time physical distancing cannot be maintained, including when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings.
oIn indoor settings outside of one's home, including public transportation, face coverings continue to be required regardless of vaccination status, except as outlined below.
 County Ranked Yellow in State’s Color-Coded Reopening System, May 12, 2021 oAllows expanded capacity at restaurants, gyms, movie theaters, indoor businesses and a host of other operations.
oBars that do not serve food can reopen indoors with a maximum capacity of 25 percent or 100 people, whichever is fewer.
California officially reopens and moves “ Beyond the Blueprint,” which ends the the color-coded reopening tier systems and lifts most restrictions on businesses. The County of San Mateo fully aligns with all state COVID-19 health and safety guidelines and has no plans to impose separate guidance.
oMost County of San Mateo offices opened to the public on June 15, 2021. oCity of Foster City reopens Council Chambers and begins hybrid in-person and virtual City Council meetings on July 19, 2021.
oCity of Foster City reopens City Hall to general public for walk-ins during regular business hours from 8:00 AM-5:00 PM, Monday to Friday, on July 26, 2021.
oCity of Foster City reopens Recreation Center and begins offering indoor programs again on August 9, 2021.
 Order No. c19-12, dated August 3, 2021
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oDirects that face coverings shall be worn, regardless of vaccination status, over the mouth and nose, in all indoor public settings, venues, gatherings, and workplaces, such as, but not limited to: offices, retail stores, restaurants and bars, theaters, family entertainment centers, conference centers and government offices serving the public.
Governor Gavin Newsom signs Assembly Bill 361 on September 16, 2021, as the provisions of Executive Order No. N-29-20 (as revised by Executive Order No. N-08- 21), which modifies the requirements for conducting meetings via teleconference during the COVID-19 pandemic, expires on September 30, 2021. County Health issues criteria for lifting COVID-19 indoor masking requirements to allow organizations to set those requirements independently, when all of the following are achieved, October 7, 2021:
oThe rate of COVID-19 transmission reaches the “moderate” or yellow tier and remains there for at least three weeks; AND
oThe number of people hospitalized for COVID-19 is low and stable in the judgement of local health officials; AND
oThe percent of the total population that is fully vaccinated – two doses of Pfizer or Moderna or one dose of Johnson & Johnson – reaches 80 percent OR eight weeks have passed since a COVID-19 vaccine has been authorized for emergency use by federal and state authorities for 5- to 11-year-olds.  CA Department of Public Health Statewide Mandate on Masks, December 15, 2021 oRequiring masks to be worn in all indoor public settings, irrespective of vaccine status, until February 15, 2022
In alignment with the State, San Mateo County will rescind indoor mask requirements effective February 16, 2022. Unvaccinated individuals will still be required to mask indoors. Everyone, regardless of vaccination status, will be required to mask indoors in high-risk settings, including public transportation, health care settings, congregate settings like correctional facilities and homeless shelters, long-term care facilities, and in K-12 schools and childcare settings.
oCity of Foster City reopens Council Chambers and returns to hybrid in-person and virtual City Council meetings on March 7, 2022.
oIndoor masking, though strongly encouraged, is no longer required at City facilities effective March 14, 2022.
On April 6, 2022, the California Department of Public Health updated its guidance so that masking is no longer required in schools, though strongly encouraged. On April 18, federal judge issues ruling that masks are no longer required on transportation conveyances and at transportation hubs.

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OBJECTIVE ACTION ITEMS STATUS
Implement Continuity of Operations/Government (COOP/COG) Plans Identify essential services; includes public safety, water and wastewater, critical infrastructure maintenance, etc. (Detailed by Department in Separate Document) Identify essential workers and establish staffing levels necessary to carry out essential functions (Detailed by Department in Separate Document) Ongoing; Changes
with Progress
Establish and coordinate COVID-19 Response Team
Includes Department Heads and 1-2 Essential Employees from Each Department Centralized Point of Contact with Joint, Multiagency Emergency Operations Center Check-In Meetings (Transitioned from Weekly, to Biweekly, and to As Needed) After Action Debrief Meeting on 06/24/20
Ongoing

TO PROVIDE ESSENTIAL SERVICES AND

CONTINUITY OF CITY OPERATIONS WITH

MINIMAL DISRUPTION (TO EXTENT

POSSIBLE)
Establish and coordinate COVID-19 Return to Work Taskforce Organized by City Manager and Human Resources Departments, and Includes 1-2 Employees from Each Department
Developed ‘Employee Return to Work’ Policy as well as Visitor Policy & Protocols Developed ‘Adaptable Work Schedule Program’
Ongoing

OBJECTIVE ACTION ITEMS STATUS
Provide reliable information to the community that is uniform and consistent with the County & State guidelines
Participate in PIO conference calls
Share information as released by County in an effort to centralize resources Coordinate messaging with SMC Fire (Member Agencies) for consistency Create landing page of COVID-19 general information on City website – https://www.fostercity.org/covid19
Create landing page of COVID-19 available City services online and by appointment on City website – https://www.fostercity.org/citymanager/page/citywide-services Create landing page of COVID-19 response/programs on City website – https://www.fostercity.org/citymanager/page/foster-city-covid-19-response Create landing page of COVID-19 business resources on City website – https://www.fostercity.org/citymanager/page/covid-19-business-resources Enable alert on top header of City website with latest City update on COVID-19 Enable spotlight on City website main page directing to COVID-19 landing page OngoingTO EFFECTIVELY COMMUNICATE,

EDUCATE, AND INFORM THE COMMUNITY
Provide messaging that increases public awareness of mandatory precautionary measures and available resources for the community
Signage –
oCity Facilities Closures – Posted at Building Entrances, Gated Park Facilities, Playgrounds, Bathrooms, etc.

Ongoing
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oElectronic Board (for Social Distancing) – Placed on Levee Pedway oChalk Markings (for Social Distancing) – 6 Feet Markers on Levee Pedway oMetal Signage (for Social Distancing) – Posted Along Levee Pedway oCity Facilities Requirements – Face Coverings, Social Distancing Guidelines/Floor Markers, Limited Capacity in Common Spaces, etc. FCTV Bulletin – Updated with COVID-19 Information
Electronic Marquee – Updated with COVID-19 Information Press Releases –
o March 11, 2020
o March 13, 2020
o March 15, 2020
o March 16, 2020
o April 3, 2020
o April 8, 2020
o April 22, 2020
o April 23, 2020
o April 30, 2020
o May 27, 2020
o June 3, 2020
o October 7, 2020
o June 2, 2021
o June 17, 2021
o July 16, 2021
o July 28, 2021
o October 28, 2021
o January 5, 2022
o February 18, 2022
o March 8, 2022
Videos/Public Service Announcements –
o Letter from Mayor (Released 03/18/20)
o Video from Mayor (Released 03/26/20)
o Letter from Mayor (Released 03/31/20)
o Joint PSA with SMC Fire Member Agencies (Released on 04/10/20) o COVID-19 Relief Program (Released 05/14/20)
o Summer Safety Message from City Council (Released 06/04/20) o Congratulations to Class of 2020 (Released on 06/09/20) o Visit City Hall Online (Released 07/01/20)
o Submit Permits Online (Released 07/01/20)
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o Wear a Mask (Released 08/11/20)
E-Newsletter/Weekly City Update –
o March 26, 2020
o April 1, 2020
o April 10, 2020
o April 16, 2020
o April 23, 2020
o May 1, 2020
o May 7, 2020
o May 14, 2020
o May 21, 2020
o May 28, 2020
o June 4, 2020
o June 11, 2020
o June 18, 2020
o June 25, 2020
o July 1, 2020
o July 9, 2020
o July 16, 2020
o July 23, 2020
o July 30, 2020
o August 6, 2020
o August 13, 2020
o August 20, 2020
o August 27, 2020
o September 3, 2020
o September 10, 2020
o September 17, 2020
o September 24, 2020
o October 1, 2020
o October 8, 2020
o October 15, 2020
o October 22, 2020
o October 29, 2020
o November 5, 2020
o November 12, 2020
o November 19, 2020
o November 26, 2020
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o December 3, 2020
o December 10, 2020
o December 16, 2020
o December 31, 2020
o January 7, 2021
o January 15, 2021
o January 21, 2021
o January 28, 2021
o February 4, 2021
o February 11, 2021
o February 18, 2021
o February 25, 2021
o March 4, 2021
o March 11, 2021
o March 18, 2021
o March 25, 2021
o April 1, 2021
o April 8, 2021
o April 15, 2021
o April 22, 2021
o April 29, 2021
o May 6, 2021
o May 13, 2021
o May 20, 2021
o May 27, 2021
o June 3, 2021
o June 10, 2021
o June 17, 2021
o June 24, 2021
o July 1, 2021
o July 8, 2021
o July 15, 2021
o July 22, 2021
o July 29, 2021
o August 5, 2021
o August 12, 2021
o August 19, 2021
o August 26, 2021
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o September 2, 2021
o September 9, 2021
o September 16, 2021
o September 23, 2021
o September 30, 2021
o October 7, 2021
o October 14, 2021
o October 21, 2021
o October 28, 2021
o November 4, 2021
o November 10, 2021
o November 18, 2021
o November 24, 2021
o December 2, 2021
o December 9, 2021
o December 16, 2021
o December 22, 2021
o December 29, 2021
o January 13, 2022
o January 27, 2022
o February 10, 2022
o February 24, 2022
o March 10, 2022
o March 24, 2022
o April 14, 2022
o April 28, 2022
o May 12, 2022
o May 26, 2022
o June 9, 2022
o June 23, 2022
o July 14, 2022
o July 28, 2022
Recology Billing Mailer –
oJune: “We’re in this together, Foster City! Thank you for helping slow the spread of COVID-19. Practice social distancing of at least 6 feet, wear a face covering, and wash your hands frequently. Follow Foster City news and updates at www.fostercity.org/covid19.”
oAugust: Flyer – “It’s up to all of us, Foster City”
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Participate in opportunities for community education whenever possible City Manager provided COVID-19 update to Rotary Club on 03/25/20 (via Zoom) Patrol Officers to educate public whenever responding to/enforcing violation reports Police Chief to host Community Connect/FCPD Virtual Station Tour/Live Q&A event on 04/16/20 (via Facebook Live)
City Manager and Mayor provided update to Foster City Village on 03/23/21 (via Zoom)
Partnered with Congresswoman Speier to host a week-long “In America: Remember” exhibit honoring San Mateo County residents who died of COVID-19 from 11/07/21 to 11/14/21
Ongoing

OBJECTIVE ACTION ITEMS STATUS

TO SUPPORT NEEDS OF VULNERABLE/AT-

RISK POPULATIONS, MOBILIZING

COMMUNITY-BASED ORGANIZATIONS,

NON-PROFITS, AND PRIVATE SECTOR
Work in partnership with community-based organizations and/or non-profits to help support needs of at-risk populations
Volunteers at-Large: Direct all volunteer inquiries to County for centralized deployment system – https://www.surveymonkey.com/r/WSXH6PZ Senior Services:
oRotary Club Senior Meals Program – Generally, first and third Tuesday of the month; however, suspended until further notice as they have a highly social aspect to them.
oFoster City Village – Actively conducting Meals on Wheels (Monday-Friday), providing transportation to urgent medical appointments, picking up prescriptions, and conducting their “We Care” program where FCV volunteers make phone calls to their members as a friendly, supportive check in oFoster City Village – City Council allocated $5,000 on 04/06/20 to help provide protective supply purchases, grocery bag deliveries, food distributions, and gasoline cards for volunteer drivers. These measures will help with additional expenses incurred by the Village as they continue operations while protecting our seniors during the pandemic.
oSenior Shopping Hours – Foster City Safeway (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Target at Bridgepointe (Tuesdays and Wednesdays from 8:00 AM-9:00 AM), Lucky Supermarkets (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Costco (Tuesdays and Thursdays from 8:00 AM-9:00 AM), Ranch 99 (every weekday from 8:00 AM-9:00 AM), and Trader Joe's (daily from 9:00 AM-10:00 AM)
oFoster City Village – Comfort Care Meal Delivery Program for 20 Weeks (01/28/21 to 06/10/21) includes one weekly meal prepared by rotating Foster Ongoing
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City restaurants and hand-delivered by volunteer cadre (including Foster City staff)
Food Distribution:
oSecond Harvest Food Bank – Pre-boxed meals distribution to take place the first and third Friday at 9:00 AM/9:30 AM at the Recreation Center parking lot, in a drive-up fashion
oSMFC School District Food Program – Free meal program, grab and go style breakfast and lunch meals, available for all kids and teens 18 and under at Foster City Elementary School. City Council approved allocation of $10,000 on 05/11/20 to help costs of expanding this program. [ENDED] oGreat Plates Program – Delivering meals to older adults who are at heightened risk and are unable to obtain or prepare meals on their own while sheltering in place [ENDED]
oImpossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
Students/Distance Learning:
oSMFC Education Foundation – City Council approved allocation of $10,000 to help supplement costs of hot spots and internet access to carry out distance learning programs.

Collaborate with the County, SAMCEDA, and Foster City Chamber of Commerce to understand impacts of COVID-19 on businesses and develop financial assistance programs that can offer immediate relief as needed
Issued survey to businesses to better understand economic impacts of COVID-19 – https://www.surveymonkey.com/r/BXH6H86
Built Business Resources Page on City website that includes latest updates – https://www.fostercity.org/citymanager/page/covid-19-business-resources Built directory of businesses open/available for delivery or pick-up – https://local.fostercity.org/
Help promote San Mateo County Strong Fund, donation fund to help residents, nonprofit organizations and small businesses – https://www.smcstrong.org/ Evaluated U.S. Senate Bill S.3548 - Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and an informational report was provided to the City Council on 04/06/20. Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses) approved by City Council on 04/06/20.

Ongoing
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Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
Consider options for Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
Participated in Chamber of Commerce “Chamber Cares Initiative” Weekly Meeting re:

COVID-19 Impacts on Non-Profits 06/16/20
Outdoor dining temporarily allowed for restaurants looking to provide outdoor dining service and suspended Code Enforcement actions approved by City Council on 07/06/20
Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts Outdoor services temporarily allowed for businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices, and suspended Code Enforcement actions approved by City Council on 07/31/20
Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
Helped promote Restaurant, Brewery & Winery Relief, relief fund to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Preferences, which was open between 03/11/21-03/11/21; findings received and accepted by City Council on 04/19/21
Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 Helped promote living!LOCAL Holiday Marketplace by Chamber of Commerce to highlight local goods and services, and benefitting both shoppers and family-run businesses – https://www.whimlocal.com/event/livinglocal/feed Helped promote Microfood Business Grant Program to help microfood businesses that have not received assistance from the County COVID-19-relief programs in the past 12 months – https://www.smcstrong.org/archivedapplyforfunding 253

Continue dialogue with hotels to understand impacts of COVID-19 on occupancy and consider use of hotels as alternative care facilities
Connected Nathan Tsai (owner of Crowne Plaza and Towne Place Suites) with County Manager Mike Callagy regarding 650 rooms available
Ongoing
Address risks of homelessness and/or displacement
Countywide eviction moratorium ordinance; resolution adopting an Emergency Regulation, Pursuant to Section 8634 of the Government Code and Chapter 2.46 of the San Mateo County Ordinance Code, establishing a temporary, countywide moratorium on eviction for non-payment of rent by residential tenants directly impacted by the COVID-19 pandemic; extended through July 28, 2020 by Board of Supervisors on 06/23/20
Temporary countywide eviction moratorium for non-payment of rent by residential tenants directly impacted by the COVID-19 pandemic through August 31 and extended the time period in which delayed payments shall be made; amendment to Emergency Regulation approved by Board of Supervisors on 08/04/20 Allocation of $1 million to the San Mateo County Emergency Financial Assistance Program (ERAP) and continued outreach for the state Emergency Rental Assistance Program to help residents impacted by COVID-19. Eligible applicants include renters/tenants those who have experienced financial hardship due to COVID-19, have past due rent or utilities, and have a household income that is not more than 80% of the area median income, as well as property owners/landlords with income- eligible renters. Approved by Board of Supervisors on 06/29/21 Passed on
03/24/20;
06/23/20;
08/04/20
Support mental wellness/wellbeing of the Foster City Community Promote and expand on Virtual Recreation and Resource Center to keep community engaged and active – https://www.fostercity.org/parksrec/page/virtual-recreation- and-resource-center
Promoted San Mateo County Psychological Association (SMCPA) Virtual Town Halls (04/05/20 and 04/09/20)
Participated in ‘Thank You Event’ at San Mateo Medical Center with SMC Fire Member Agencies, Public Safety Personnel, City Staff, and Legislative Officials (05/04/20) Ongoing
Build out database for Countywide Community Evacuation Interface to support mass shelter in place and assist with information sharing – https://community.zonehaven.com/ Assigned liaison to support data needs, provide resources, and update map Ongoing

OBJECTIVE ACTION ITEMS STATUS

TO FOSTER A SAFE WORKPLACE AND

ENABLE THE EMPLOYEE BASE TO

PERFORM
Scale workforce to essential functions only and transition employees to telework/remote to extent possible
Ongoing
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Distributed Teleworking Policy and Form to all employees (March 2020 and December 2020)
Staffing levels/schedule established on a weekly/monthly basis (dependent on department)
Provided regular updates to all employees via City Manager and Human Resources (issued 11 internal memos to-date) and Management Team Meeting (on 05/27/20) and All-Hands Meeting (on 05/28/20, 07/29/20, and 12/15/20) Provided regular updates to City staff via bimonthly City Manager update “The Bulletin” (First and Third Fridays of Each Month); transitioning to monthly updates in 2021
Shared information on Families First Coronavirus Response Act Provided tools for all employees to effectively work remotely (with IT Assistance); includes equipment issuance, tele/video conferencing tools such as Microsoft Teams and Zoom, and web-based Employee Resource Page –
https://www.fostercity.org/employees
Established ‘Return to Work Taskforce’ and Developed ‘Employee Return to Work’ Policy
Developed ‘Adaptable Work Schedule Program’
Ensure safety of front-line/essential personnel, i.e. first responders Ensure personnel are equipped with PPE and are able to minimize in-person interactions whenever possible (reduced access to Police & Fire Departments, alternate teams/shifts, etc.)
Provide accommodations for quarantining/isolation by coordinating with County EOC Provide resources to COVID-19 testing if needed through https://verily.com/ or https://www.projectbaseline.com/study/covid-19/
Provide childcare options for front-line/essential personnel, i.e. first responders – https://sanmateo4cs.org/
oShared survey to gather information and better assess needs jurisdiction – https://www.surveymonkey.com/r/SMC_COVID19_childcare
Implemented self-health assessment/screening requirement at entry points; including installation of thermal scanners at City Hall and Police Department Posted required Social Distancing Protocol and Signage at City facility entrances and share information with all employees
Informed all employees of Face Covering Requirement; providing supply of masks if necessary
Departments coordinating with ‘Return to Work Taskforce’ for site-specific modifications/adaptations (including spacing and health/sneeze guards); as well as visitor safety protocols
Ongoing
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Acquired donation of ~5,000 cloth face coverings through U.S. Conference of Mayors ‘Masks for Mayors Initiative’
Sanitation station/supplies set up in various locations throughout City facilities Acquiring COVID-19 at-home/self-test kits through County for public safety personnel

OBJECTIVE ACTION ITEMS STATUS
Continue to monitor and work with the County to understand trajectory of COVID-19 and how it may impact City operations and needs of the community Modeling data will be used a basis to prepare for contingencies where needed and to prepare for reopening of economy/transition to normal operations through phased approach
Assigned representative to County’s Long-Term Strategic Planning Taskforce Created ‘Return to Work Taskforce’ to develop policy/strategy for reopening City facilities; as well as policy/safety protocols for visitors & members of the public Created ‘Parks Reopening Taskforce’ to develop policy/strategy for reopening park facilities
Overview of San Mateo County Recovery Initiative presented to City Council on 10/05/20 and report accepted by Board of Supervisors on 10/06/20 OngoingTO PROVIDE LONG-TERM STRATEGIC
PLANNING IN RESPONSE TO COVID-19

AND POTENTIAL IMPACTS TO CITY

OPERATIONS
Evaluate and consider additional actions that are recommended or may be required dependent on outcome/progression of COVID-19 situation; including (but not limited to):
Extension of City Facilities Closure (TBD; Based on Public Health Order and Until Further Notice)
Suspend or Freeze Shut-Offs/Disconnection of Water Service for Non-Payment (Currently in Effect)
Waiver of Credit Card Fees for Online Payment of Utilities Through June 30, 2020 (Approved by City Council on 04/06/20)
Explore Feasibility of Charging Tier 1 Rates for Water Service (No Longer Pursuing Due to Minor Cost Difference)
Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses) approved by City Council on 04/06/20.
Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
Consider Options for Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
Ongoing
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Freeze Hiring/New Recruitments and Filling of Vacant Positions (Currently in Effect) Initiated Friendly Streets, Foster City Initiative, dedicating approximately a 1.75 mile stretch of road on northbound Beach Park Boulevard for bicyclists and runners. One lane will be barricaded off from cars to allow bicyclists and runners to safely use the designated detour. In parallel with the detour, this stretch of Levee Pedway is reserved for walking only. (Approved by City Council on 04/06/20) [DISCONTINUED] Expanded Friendly Streets, Foster City Initiative to extend lane closure on Beach Park Boulevard from Teal Street to Gull Avenue (Approved by City Council on 05/11/20) [DISCONTINUED]
Allocated $20,000 total ($10,000 each) to the San Mateo-Foster City Elementary School District/Community Education Foundation for its Free Meal Program and Mobile Hotspot/Wi-Fi for Distance Learning (Approved by City Council on 05/11/20) COVID-19 Recovery Planning Update provided at City Council Vision & Policy Summit (on 06/04/20)
Outdoor Dining Temporarily Allowed for Restaurants Looking to Provide Outdoor Dining Service and Suspended Code Enforcement Actions (Approved by City Council on 07/06/20)
Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts Outdoor Services Temporarily Allowed for Businesses (such as salons/barbers, personal care services, gyms/fitness centers, and offices) and Suspended Code Enforcement Actions (Approved by City Council on 07/31/20) Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) Impossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
Helped promote Restaurant, Brewery & Winery Relief, relief fund to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief 257

Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Preferences, which was open between 03/11/21-03/11/21; findings received and accepted by City Council on 04/19/21
Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 Monitor revenue impacts, explore options for expenditure reductions, and seek financial assistance/opportunities for cost recovery of funds
Track damage estimates and expenditures related to COVID-19 Log personnel time on Form 214s in relation to COVID-19 incident response Submit “Request for Public Assistance” through California Governor's Office of Emergency Services (Cal OES) Recovery Section for Federal Emergency Management Agency’s (FEMA's) Public Assistance Program (Submitted on 04/02/20) Seek approval of the “Designation of Applicant's Agent Resolution for Non-State Agencies” for the Purpose of Cost Recovery Eligibility (Approved by City Council on 04/06/20)
Discussed City financial impacts related to COVID-19 (04/20/20 City Council Meeting) Discussed projected financial impacts of COVID-19 beyond the current fiscal year (05/11/20 Budget Study Session)
Hired MGT Consulting for consultant services for COVID-19 CARES/FEMA Disaster Cost Recovery (08/24/20)
Quarterly updates on City’s economic performance and impacts related to COVID-19, including strategies to close long-term structural deficit (09/08/20 City Council Meeting)
Ongoing
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DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Community Development Director

SUBJECT: CONSIDERATION OF APPEAL OF PLANNING COMMISSION’S

DENIAL OF RECOMMENDATION TO CITY COUNCIL TO

AMEND THE FOSTER CITY ZONING MAP TO MODIFY THE

PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN
(GDP) AND DENIAL OF SPECIFIC DEVELOPMENT PLAN/USE
PERMIT; AND CONSIDERATION OF PLANNING COMMISSION

RECOMMENDATION TO CITY COUNCIL TO CERTIFY THE

FINAL ENVIRONMENTAL IMPACT REPORT (EIR) INCLUDING

ADOPTION OF FINDINGS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) AND STANDARD

CONDITIONS OF APPROVAL AND MITIGATION MONITORING

AND REPORTING PROGRAM (SCAMMRP) RELATED TO THE
PROPOSED APPROXIMATELY 124,395 SQUARE-FOOT,

FOUR-STORY RESEARCH AND DEVELOPMENT LIFE
SCIENCES OFFICE USE LOCATED AT 388 VINTAGE PARK
DRIVE – APN 094-901-270 – W-SW 388 OWNER IX, L.P.

STEELWAVE CDS, LLC (OWNER AND APPELLANTS) –
EA2021-0001, RZ2021-0003 AND UP2021-0023

RECOMMENDATION

It is recommended that the City Council consider the Planning Commission’s actions on three (3) project applications and a request for appeal of Planning 259
Commission denial related to the proposed approximately 124,395 square- foot, four-story 81-foot tall Research and Development (R&D) Life Sciences Office use located at 388 Vintage Park, hold a public hearing and take testimony on the project applications and the appeal in accordance with the City’s adopted procedures, close the public hearing, deliberate, and provide direction to staff on one of the following options:

Option #1 – Consider approval of the proposed project and take the following actions:

1. Accept a recommendation of the Planning Commission to the City Council to certify the Final Environmental Impact Report (EIR) including adoption of findings under the California Environmental Quality Act (CEQA) and Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) and direct staff to return with an appropriate Resolution with findings for consideration for adoption at the next meeting – EA2021-0001

2. Grant the Appeal and overturn/disapprove or modify a recommendation of the Planning Commission to the City Council to deny approval of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (GDP) for the + 132-acre lands known as Vintage Park to allow the proposed development of 388 Vintage Park Drive and direct staff to return with an appropriate Resolution with findings for consideration for adoption at the next meeting – RZ2021-0003

3. Grant the Appeal and overturn/disapprove a decision of the Planning Commission to deny the Specific Development Plan/Use Permit for the 124,395 square-foot R&D Life Science Office use at 388 Vintage Park Drive filed by SteelWave and Helios and direct staff to return with an appropriate Resolution with findings for consideration for adoption at the next meeting – UP2021-0023

Option #2 – Consider denial of the proposed project and take the following actions:

1. Take no action to certify the Final Environmental Impact Report (EIR) including adoption of findings under the California Environmental Quality Act (CEQA) and Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) and direct staff to 260
return with an appropriate Resolution with findings for consideration for adoption at the next meeting – EA2021-0001

2. Deny the Appeal and uphold/approve or modify the recommendation of the Planning Commission to the City Council to deny approval of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (GDP) for the + 132-acre lands known as Vintage Park to allow the proposed development of 388 Vintage Park Drive and direct staff to return with an appropriate Resolution with findings for consideration of adoption at the next meeting – RZ2021-0003

3. Deny the Appeal and uphold/approve the decision of the Planning Commission to deny the Specific Development Plan/Use Permit for the 124,395 square-foot research and development office use at 388 Vintage Park Drive and deny the appeal filed by SteelWave and Helios and direct staff to return with an appropriate Resolution with findings for consideration of adoption at the next meeting – UP2021-0023

Option #3 – Consider remanding the proposed project

1. The City Council may remand the item back to the Planning Commission with specific direction regarding any aspect of the project needing further review, study, and deliberation.

EXECUTIVE SUMMARY

The 388 Vintage Park project is proposed on a 2.2-acre parcel located at 388 Vintage Park Drive (on the former El Torito Restaurant site), at the intersection of Vintage Park Drive and Chess Drive (“project”). The subject site is located in the Vintage Park GDP area. Planning applications associated with the project include a Rezoning/GDP amendment to the Vintage Park GDP to allow an R&D Life Sciences Office use to replace the previously approved restaurant use (filed as RZ2021-0003), an Environmental Assessment (filed as EA2021-0001) including preparation of an EIR that analyzes the environmental impacts associated with the project and a Specific Development Plan/Use Permit (filed as UP2021-0023) to construct an approximately 124,395 square-foot, four-story 81-foot tall R&D Life Sciences Office building with associated parking, circulation, loading 261
zones, and site improvements at the previously developed vacant restaurant site.

Project applications were reviewed at seven (7) public meetings following the first City Council Development Project Preliminary Review meeting on January 19, 2021 and leading up to final Planning Commission Public Hearing on July 7, 2022. At the July 7, 2022 Public Hearing, the Planning Commission deliberated on the three (3) project applications and took the following actions:

1. Adopted a Resolution to recommend to the City Council an approval of the final EIR and associated SCAMMRP – passed 4-0-1 (Yes:

Bronitsky, Adams, Jagtiani, and Haddad, Absent: Venkat);

2. Denied a Resolution to the City Council recommending approval of an amendment to the Vintage Park GDP to allow the proposed project – passed 3-1-1 (Yes: Bronitsky, Adams, and Jagtiani, No: Haddad,

Absent: Venkat); and

3. Denied the approval of the Specific Development/Use Permit – passed 3-1-1 (Yes: Bronitsky, Adams and Jagtiani, No: Haddad, Absent:

Venkat).

Key comments and concerns expressed by the three (3) Commissioners who were not supportive of the project as proposed are summarized below:
 supportive of a multi-use or mixed-use building such as a life sciences office use along with a restaurant or another use instead of the proposed single use of the building as a life sciences office use only;
 explore feasibility of a restaurant along with the proposed life sciences use;
 taking away a community benefit due to the loss of a restaurant amenity;
 prevailing wages and local hiring preference should be imposed;  the proposed project is likely to exacerbate traffic by bringing in more employees and specifically, biotech workers not having the flexibility to work from home in addition to traffic improvements such as second lane onto 92 not materializing in the past;
 the lack of a housing component to support the addition of new jobs; and
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 questioned the validity of certain assumptions and analysis in the technical reports/studies and the effectiveness of the TDM program.

The Commissioner who voted in favor of the project supported a greater parking reduction in order to accommodate larger parking stall sizes in the garage.

Following the Planning Commission’s action on July 7, 2022, the City received an appeal from W-SW 388 Owner IX, L.P. c/o SteelWave CDS, LLC (Owner, Applicant and Appellant) on July 18, 2022 for reversal of the Planning Commission’s recommendation to the City Council to deny the GDP amendment and the Planning Commission’s decision to deny the Use Permit (“Appeal”). In a memo dated July 18, 2022, the Appellant provided justifications and findings in support of the project. To summarize, the Appellant reiterated the findings in the technical studies prepared by BAE Urban Economics (‘BAE’) and peer reviewed by an independent consultant Harris and Associates that the site cannot support a standalone or mixed-use restaurant due to the lack of visibility, proper circulation, and other site constraints. Additionally, a mixed-use (life sciences and restaurant building) and residential development were determined to not be financially viable. The Appellant noted the challenges with the size of the site and soil conditions to accommodate additional parking generated from a multi-use building. The memo included a list of project benefits such as: removal of blight, a mix of new jobs to support existing businesses while marginally increasing the demand of housing by up to 17 units, payment of the Affordable Housing Commercial Linkage Fee, new general fund revenues in the form of annual tax revenue, reduced trips due to the less intense R&D/life science and office use when compared to a restaurant use that generates more peak time traffic, reduced trip counts from a single R&D/life science facility when compared to a mixed-use such as R&D/life science and restaurant use; reduce water usage compared to the previous restaurant use, and voluntary compliance of prevailing wages including a preference towards local hire if desired by the City Council.

BACKGROUND

The subject 2.2-acre site is located at the intersection of Vintage Park Drive and Chess Drive at the municipal boundary between Foster City and San Mateo, which runs along the western edge of the subject site. The site was previously occupied by a standalone El Torito restaurant building. The subject 263
site also lies within the Vintage Park Community Association (VPCA). A small park owned by VPCA lies adjacent to the subject site to the South.

The proposed project includes:

1. Demolition of an approximately 10,120-square-foot vacant commercial building, most recently occupied by El Torito restaurant.

2. 95,931 gross sq. ft. of a new R&D life sciences office use (FAR 1.0), approximately 50 percent of which would be laboratory space and 50 percent would be office space

3. 4-story building with three (3) stories of R&D life sciences office use over one (1) level of parking.

4. Construction of ground-level parking podium and surface parking totaling 210 vehicle parking spaces, as well as 16 motorcycle and 20 bicycle parking spaces.

5. An outdoor roof terrace at the 4th level for employee amenity use.

6. Ingress-egress via two (2) existing curb cuts, one (1) on Vintage Park Drive and one (1) on Chess Drive.

7. Existing VPCA landscape/park to remain.

8. Spec building – no specific tenant identified at this time

9. LEED Silver equivalent

The current zoning designation for the site is established in the Vintage Park GDP originally approved in 1981 (Ordinance 223), which reclassified approximately 132-acre land known as Vintage Park as a Commercial Mix/Planned Development (C-M/PD) District with a GDP designation. The Vintage Park GDP was amended over the years to accommodate various land use changes in the Vintage Park area. The Vintage Park GDP currently designates the subject site as a restaurant site. Of the 132-acre land in Vintage Park, 57-acre portion was allowed for development of up to ± 202,158 sq. ft. of office space; up to ± 112,368 sq. ft. of research and development space; up to two (2) hotels with a total of 475 rooms of up to ± 353,246 sq. ft. and up to ± 18,994 sq. ft. of restaurant space; and a one-acre lake/open space area. On May 18, 2015, as part of the redevelopment of the former Harry’s Hofbrau restaurant, the Vintage Park GDP on the 57-acre portion of Vintage Park was amended to decrease the restaurant area from 18,994 sq. ft. to 15,348 sq. ft. and allow up to 6,455 sq. ft. of fast-casual dining or retail space in order to allow the mixed restaurant and retail building located at 1297 Chess Drive (Ordinance No. 594).

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Proposed Project Timeline

On September 28, 2020, a Preliminary Review Application was submitted by the Applicant to redevelop the vacant El Torito restaurant into a 95,931 square foot Life Sciences office building. Formal application for an Environmental Assessment (EA2021-0001) was submitted on February 12, 2021 and applications for the GDP Amendment/Rezoning (RZ2021-0002) and Specific Development Plan/Use Permit (UP2021-0023) were submitted on April 21, 2021. There was a total of seven (7) public meetings from the preliminary proposal stage to the formal public hearing and recommendations on the final application stage. Below is a summary of those meetings, its outcomes, and a link to associated meeting materials. Meeting materials and other supplemental information can also be accessed online by clicking on the project webpage: link.

 January 19, 2021 City Council Development Project Preliminary Review Meeting: The purpose of this meeting was to introduce the proposed project and the request for rezoning from restaurant to R&D life sciences office use to the City Council and the public and receive feedback prior to initiating the entitlement process. At the meeting, staff presented/discussed key issues for consideration for the review of the proposed project including, maintaining a variety of land uses, loss of a restaurant site, jobs/housing imbalance, traffic and circulation, parking ratio, and provision of city services to support the proposed project. o Outcome: The City Council acknowledged that the subject site has been vacant for over two (2) years, which is a testament that a restaurant use may not be a viable use. The City Council expressed concerns regarding the jobs housing imbalance and how the increase in jobs might affect the Regional Housing Needs Allocation (RHNA) Cycle 6 numbers for Foster City.

Overall, the Council was supportive of the proposed use at the subject site and requested staff to further evaluate the impacts/concerns outlined by staff in the staff report. No formal action was taken at this meeting.

Meeting materials can be accessed here: January 19, 2021 City Council Regular Meeting.
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 August 12, 2021 EIR Scoping Meeting:The purpose of this was to identify topics appropriate for review under the provisions of CEQA and analysis in the EIR.
o Outcome: Pertaining to the scope of the EIR, the Planning Commission requested studies pertaining to hazardous materials storage and transportation, RHNA impacts, presence of
chemicals/oils from grease traps from previous restaurant use, potable water study, pre-pandemic traffic analysis including Vehicle Miles Travelled (VMT) study and ingress and egress.

 August 12, 2021 Planning Commission Study Session #1:The purpose of this meeting was to introduce the proposed project and provide the Planning Commission and members of the public with the opportunity to provide feedback on the proposed rezoning request and review architectural and design elements of the proposed project, including, but not limited to, site plan, building forms and height, landscaping, and parking.
o Outcome: While a majority of the Commissioners agreed that life sciences office use is an appropriate use for the site, one of the Commissioners was not convinced that a smaller restaurant may not be feasible at this location. One Commissioner suggested residential use on the site given the City Council’s concern regarding jobs-housing imbalance and that this project would exacerbate it rather than mitigate it. To address these concerns, the Applicant was directed to provide feasibility analysis of alternative land uses. Options discussed included residential, mixed-use, restaurant, etc. The Commissioners expressed general support for the architectural style and building siting. The Commissioners were not supportive of the request for a 42% reduction in parking capacity citing various reasons including questioning the assumptions in the technical studies and requested an increase in on-site parking supply and a robust Transportation Demand Management (TDM) Plan.

Detailed minutes of the meeting can be accessed here: August 12, 2021 Minutes
Meeting materials can be accessed here: August 12, 2021 Planning Commission Special Meeting/Study Session.
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 November 18, 2021 Planning Commission Study Session #2: The purpose of this meeting was to continue review of the proposed project including reviewing the feasibility studies of alternative development scenarios, revised parking – an increase from 180 spaces to 210 spaces, and a more detailed TDM Plan. Comments and responses from the Study Session are summarized below.
o Outcome: The Planning Commission agreed that life sciences office use is financially feasible for the applicant but was generally split on the topic of what the highest and best or the most financially feasible use at the site for the community or the area. Overall, the majority of the Commission agreed that R&D life sciences office use is feasible on the site. The Planning Commission also discussed the revised increase in parking spaces and most of the Commissioners found the revisions acceptable. One Commissioner expressed concerns about traffic and the intersections in the area. The Planning Commission discussed the revised TDM plan and its implementation if changes are to be made. In response to one of the
Commissioner’s concerns regarding the use of parking stackers, the applicant shared the site constraints, including geometry and high water table, as well as the success of stackers in other projects. A majority of the Commissioners stated that the project is ready to move forward.

Detailed minutes of the meeting can be accessed here: November 18, 2021 Minutes
Meeting materials can be accessed here: November 18, 2021 Planning Commission Study Session.
 January 25, 2022 Planning Commission Adequacy Hearing of the Draft EIR:The purpose of this meeting was to solicit feedback, from both the Commission and members of the public, on the adequacy of the Draft EIR for the proposed development. A summary of the key findings of the Draft EIR was presented. The Draft EIR concluded that the project does not have significant unavoidable impacts. With the implementation of the required mitigation measures to the biological, transportation and noise resource areas, the project would result in less than significant impact under CEQA.
o Outcome: Public comments were received pertaining to labor and construction, but no questions to the adequacy of the Draft 267
EIR. Overall, the Commission felt that the EIR was adequate in addressing the potential environmental impacts associated with the proposed project.

Meeting materials can be accessed here: January 25, 2022 Planning Commission Adequacy Hearing.

 April 7, 2022 Planning Commission Public Hearing #1: The purpose of this Public Hearing was to review the three (3) planning applications for the proposed project.
o Outcome: Due to two of the Commissioners being absent, at the request of the Applicant, the item was continued to the May 5, 2022 Regular Meeting.

 May 5, 2022 Planning Commission Public Hearing #2:Continued from the April 7, 2022 meeting, the purpose of this Public Hearing was to review and take action on the three (3) planning applications for the proposed project. The Planning Commission made comments regarding potential impacts to the jobs/housing balance and RHNA numbers, transit changes and the effectiveness of the TDM Plan, and prevailing wage policies.
o Outcome: The Planning Commission continued the Public Hearing to a date uncertain to allow for staff to research and provide clarifications on the subjects raised such as the prevailing wages, jobs-housing imbalance, TDM effectiveness, and
transportation effects.

Meeting materials can be accessed here: May 5, 2022 Planning Commission Regular Meeting
 July 7, 2022 Planning Commission Public Hearing #3: The purpose of this Public Hearing was to take action on the three (3) planning applications for the proposed project and review the additional information that was requested at the previous meeting. In a supplemental memo to the Planning Commission dated July 7, 2022 (Attachment 1), staff responded to the comments/concerns that were raised at the May 5, 2022 Public Hearing. A majority of the Planning Commission reiterated concerns pertaining to TDM effectiveness, traffic, prevailing wage requirements and local hiring preferences, assumptions in the technical reports/studies, lack of alternative 268
explorations for mixed-use, and inconsistency with the General Plan goals and policies.
o Outcome: The Planning Commission found that the EIR is adequate and approved the Resolution to recommend to City Council an approval of the EIR and the SCAMMRP (EA2021- 0001). The Majority of the Planning Commission found that the project takes away a community amenity without providing an alternate community benefit, does not meet General Plan goals and policies, would exacerbate traffic and congestion by adding more jobs, and that the site has potential for mixed-use and should not be a single-use building. For those reasons, the Planning Commission did not recommend approval of the GDP amendment to the City Council (RZ2021-0003) and further denied the Resolution to approve the Specific Development Plan/Use Permit for the 124,395 square-foot research and development office use (UP2021-0023). Detailed minutes
summarizing the deliberations and actions of the Planning Commission at the July 7, 2022 meeting is attached to the report (Attachment 2).

Meeting materials can be accessed here: July 7, 2022 Planning Commission Regular Meeting

In addition to the above noticed public meetings, there were several meetings between the project applicant, the consultant team and planning staff including Interdepartmental Evaluation Committee (IDEC) Meetings where the project was reviewed by staff from other City Departments.

ANALYSIS

In order for the City Council to deliberate and consider the three (3) applications related to the proposed project, staff has provided the following information.

Final Environmental Impact Report (EIR) – EA2021-0001

As noted above, the Planning Commission found that the EIR is adequate and approved the Resolution No. P-11-22 to recommend to City Council an approval of the EIR and the SCAMMRP (Attachment 3). The basic purpose of CEQA is to inform decision makers and the public about potential 269
environmental effects of a project, identify ways environmental damage could be avoided or reduced, prevent damage by requiring changes or mitigation measures, and to disclose why a governmental agency approved a project in the manner it did if significant environmental effects are involved. The purpose of CEQA is not to dictate the outcome of the proposed project. The purpose of an EIR is to “identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided” (CEQA, Section 21002.1).

A full draft EIR analysis pursuant to CEQA was completed for the project. On July 21, 2021, the City circulated a Notice of Preparation (NOP) to help identify the types of potential impacts that could result from the proposed project. A Planning Commission Scoping Meeting was held on August 12, 2021 to identify topics appropriate for review under the provisions of CEQA and analysis in the EIR. The Draft EIR for the proposed project was published on December 17, 2021 with the public review period ending January 31, 2022, a period in excess of the required 45 days. All comments received were responded to and posted as part of the April 7, 2022, May 5, 2022, and July 7, 2022 Planning Commission packages. The Responses to Comments (RTC) to the Draft EIR and the Draft EIR constitutes the Final EIR for the proposed project. Both documents are available on the City’s project webpage.

The EIR concluded that the construction and operation of the project would not result in significant unavoidable impacts to the physical environment as it pertains to the City’s thresholds. Significant impacts were identified under Biological Resources, Noise and Transportation. Standard Conditions of Approval and Mitigation Measures were added to the project to implement mitigation measures BIO-1, BIO-2, NOI-1, and TRA-1 to reduce the impacts to less than significant levels. Impacts related to all other resource areas under CEQA were deemed to be less than significant.

During the July 7, 2022 Public Hearing, Chair Adams asked staff to update the transportation and transit facility map in the EIR to be more accurate.

Specifically, a comment was made regarding Leo Ryan Park being shown as a Class I bike path as well as the transit map showing the M-Line. Staff and the consultant indicated that this would be noted in the staff report to the City Council. Chair Adams asked the traffic consultant, Matt Goyne from Fehr & Peers about the 1297 Chess Drive project traffic analysis which they had worked on in 2015. That analysis included a recommendation that if 388 270
Vintage Park be redeveloped, a U-turn should be considered at that intersection. Chair Adams questioned as to why there was no analysis at this intersection for this project to match direction in 2015. Mr. Goyne responded and stated that that recommendation was made in coordination with the City’s Public Works Department at that time and what was required correlated with the effects and conditions of that time, including the forecasting of potential travel patterns. This area was evaluated again in 2020/2021 under the current condition for this project in conjunction with the Public Works Department and determined that the consequences of adding a U-turn at this location would result in a longer pedestrian crossing and widening the road with more infrastructure. Ultimately, the reanalysis and discussion concluded that this U- turn is not needed at this time with the understanding of the current operation of the site and area. Public Works Department staff Justin Lai reiterated and confirmed Mr. Goyne’s response. Chair Adams asked what has changed in the conditions from 2015 until now. Mr. Lai stated that this U-turn was considered, but after reassessment of the proposed use and current conditions, it was determined to not warrant a need for the U-turn. Mr. Goyne added that the recommendation for the U-Turn in 2015 was also a cautious recommendation to ensure that it remained on staff’s radar and those traffic conditions observed. In response to a separate question raised previously pertaining to the inconsistency of the ingress/egress paths shown on the plans versus in the reports, staff confirmed that the EIR has a mitigation measure to address this prior to issuance of a building permit.

With respect to the action to recommend to the City Council an approval of the Final EIR, the Planning Commission found that the EIR adequately analyzed the environmental impacts of the project and voted to recommend to the City Council certification of the EIR and adoption of findings and the SCAMMRP.

Rezoning/General Development Plan Amendment – RZ2021-0002 and Specific General Development Plan/Use Permit – UP2021-0023 The General Plan land use designation for the subject site is Research/Office Park, and the Zoning is C-M/PD (Commercial Mix District/Planned Development Combining District). The subject site is part of the 57-acre portion of the overall 132-acre Vintage Park GDP. The Vintage Park GDP, which is part of the City’s zoning map, designates the subject site for restaurant use. The proposed change of use from restaurant to life sciences office use would require an amendment to the Vintage Park GDP. As stated in the Planning Commission Staff Reports, the request to rezone and amend the Vintage Park GDP to allow a life sciences office use was found by staff to 271
be consistent with the “Research/Office Park” land use designation for the subject site within the adopted General Plan and the Floor Area Ratio of 1.0.

“Research/Office Park. Areas with this designation contain office, research and development, and manufacturing establishments whose operations are clean and quiet. Mixed-use projects which include some retail and residential uses in addition to office and research uses may, under certain conditions, be considered compatible with this designation. Such conditions include compatibility of uses and project design (land planning, architecture, etc.). Vintage Park, the Lincoln Centre area, the Mariners Golf site, and the Bayside Towers development are all designated for Research/Office Park use.…”

In reviewing the request for the rezoning/amendment to the Vintage Park GDP and the Use Permit for the proposed project, staff evaluated the project for consistency with the General Plan land use designation, General Plan Goals and Policies, the Zoning designation of the subject City, the Foster City Municipal Code (Chapters 2.28, 17.06, 17.28, 17.36, 17.58, 17.62 and 17.74) and the Vintage Park Design Guidelines.

In considering whether to grant or deny a Use Permit, FCMC Section

17.06.070 states that, “upon receipt of the application for a use permit, the planning commission shall determine whether or not the establishment, maintenance or cooperation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city…”

The City’s 2025 General Plan anticipated the need for flexibility in responding to potential changing economic conditions that may affect neighborhood shopping centers and other commercial and industrial areas including addressing the long-term housing, employment, and City fiscal needs. The project was found to be consistent with the following General Plan land use policies and goals:

Table 1. General Plan Land Use Goals and Policies
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In addition to the project’s consistency with the above General Plan Land Use Goals and Policies, the EIR on page 70, includes Table 4.1.A Relationship of the Proposed Project to Relevant Plans and Policies including General Plan goals and policies pertaining to Noise Element, Parks and Open Space Element, Local Hazard Mitigation Plan & Safety Element, and Conservation Element.

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Bases for Appeal

The Appeal (Attachment 4), provides background information as it relates to the site history and provides various arguments in support of the project and objects to the decision of the Planning Commission for a number of reasons. Staff provides a summary of the arguments raised by the Appeal below followed by staff comments.

1. Conclusion of Studies Supports Project. The Appeal notes that “BAE Urban Economics (“BAE”) found that the Property, because of a lack of visibility, proper circulation, and other site constraints, would not support either a standalone or mixed-use restaurant. BAE also performed a financial feasibility study that analyzed the viability of a mixed used life science and restaurant building, and a residential development. BAE concluded that neither alternative would be viable.

These findings were peer reviewed and confirmed by Harris and Associates, an independently hired City consultant. Site characteristics for this particular location cause the Property to be at a significant disadvantage relative to other nearby restaurants and retail sites such as Bridgepointe Shopping Center that have direct visibility and access from the public realm. As a mixed-use site, the Project would not be able to accommodate the parking needs of a restaurant and life science facility at the 1.0 FAR allowed by the General Plan. The site is not large enough for a standalone parking facility and has poor soils which, in addition to the challenges presented by the small site, make below- grade parking infeasible. Further, the additional trip counts generated by two uses onsite would likely create a detrimental impact on nearby traffic patterns.

Staff Comments: BAE is a reputed firm that specializes in market and financial feasibility studies. The BAE Market Demand Analysis dated December 21, 2020 (link) indicated that the subject site does not meet the key retail site location criteria citing inconvenient access and inadequate visibility. The report indicates that the property lies outside what is considered the ‘gravity side’ of Foster City, i.e., the heavily trafficked area bounded by State Route 92 to the north and Hillsdale Boulevard to the south and the portions of Foster City, Shell, and Edgewater Boulevards that run between them. The property’s location on the north side of State Route 92 and its stand-alone character means it is not positioned to serve as a community retail site. The 274
report concluded that the property is not competitive as a restaurant location, and industry trends suggest that it will continue to struggle to secure a restaurant tenant. The report stated that the real estate indicators indicate a strong market demand for office/life sciences use, and there are approximately 3.0 million square feet of tenant requirements in the market and that the subject site is well positioned to capture a share of life sciences space demand. The letter from BAE dated December 21, 2020 that summarizes the key findings of the Fiscal Impact Analysis and Market Study for both Retail and Life Science use is linked here.

While the Commission did not necessarily disagree with the findings of the studies or the feasibility of life sciences office use at this location, they requested that alternate land use scenarios be evaluated including a restaurant as part of a mixed-use building. In response to this request, the applicant engaged with BAE and evaluated two (2) alternate development scenarios. BAE conducted financial feasibility analysis (link) of two (2) alternate scenarios at the subject site, including a mixed-use research and development building with 90,431 gross square feet of office and laboratory space over 5,500 gross square feet of ground floor restaurant space and ground floor podium parking and a 93-unit residential project without amenity space comprised of 95,931 gross square feet with three levels of housing over two (2) levels of podium parking. The report concluded that the two (2) alternative scenarios are not feasible based on Pro Forma analysis.

The financial feasibility analysis submitted by the applicant team was peer reviewed by Harris & Associates (link) on behalf of the City. Harris validated the methodology and assumptions used in the analysis and confirmed the findings of the financial feasibility analysis completed by BAE.

2. Project Benefits. The Appellant noted that the project would remove blight and provide a new Class A facility of high architectural quality, will bring a mix of new jobs that would support existing businesses, while marginally increasing the demand of housing by up to 17 units, is expected to pay approximately $2.4 million in Affordable Housing Commercial Linkage Fee, would generate approximately $286,000 per year in annual tax revenue, reduce peak hour trip when compared to a restaurant or a multi-use, would have lower water use than a restaurant and would not have any significant impacts on the environment as found in the EIR.
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Staff Comments: The project would redevelop an existing restaurant site that has been vacant since 2019 into a Class A life sciences office building that would achieve a LEED silver or equivalent standard and strengthen the City’s identity as a life sciences biotech hub along with Gilead Sciences, Illumina and other R&D uses in Vintage Park. As noted in the BAE Fiscal Impact Analysis (FIA) dated December 21, 2020 (link) and outlined in the Fiscal Impact section of the staff report, the proposed project will result in a positive net fiscal impact for the City when compared to current conditions or if the property were to be re- tenanted as a restaurant. The project is anticipated to add 213 jobs/employees when compared to 45 workers from a restaurant use.

Based on recent data showing the percentage of employed people that also live within the City (7.9%), the project would result in approximately 17 employees based on a total of 213 employees (an overestimate per the EIR) living in Foster City.

According to the EIR findings, the project would result in a lower employee density than a typical office due to the lab space allocated for life science uses compared to traditional office buildings. However, as the project is going from vacant site to a new use, there will be added trips. The proposed project would generate 78 new trips in the AM peak hour and 85 new trips in the PM peak hour when compared to a 10,120 square foot sit-down restaurant which would generate 100 AM peak hour trips and 100 PM peak hour trips. Although the number of daily trips from a restaurant would be substantially greater than the proposed project, there would be more variation throughout the day, resulting in only a slightly greater AM and PM peak hour trip generation as compared to the proposed project (approximately 20 more AM and 10 more PM peak hour trips). As a conservative approach, the EIR also analyzed the water supply and demand analysis without accounting for the deduction of historic water uses from the restaurant on this site.

Without the deduction, the project site would result in a 1.8 million gallon per year (mgy) of additional water demand per year. With the deduction, the project would result in a net decrease of approximately

2.1 mgy compared to the previous restaurant use. The EIR notes that proposed project would represent an increase in potable water demand within the anticipated supply range for the City. However, this increase would be incremental and would not lead to insufficient water supplies in existing entitlements and resources. The EIR concludes that the operation of the new project would result in less than significant impact 276
with mitigation measures.

3. Union Support/Voluntary Prevailing Wages. The Appellant noted that over ten union representatives attended and/or spoke in favor of the project at the May 5th Planning Commission Hearing. And because the Planning Commission focused on the importance of prevailing wages and local hiring preference, the project applicant would volunteer and be willing to build the entire project with prevailing wage and include a preference towards local hire labor, even though it is not legally required, if desired by City Council.

Staff Comments: At the July 7, 2022 Planning Commission meeting, staff reiterated that there is no formally adopted Council policy that requires private developers to pay prevailing wages or hire locally with the exception when a developer voluntarily agrees to pay area standard wages in order to receive a rebate from the Commercial Linkage Fee and and/or when such requirements are imposed on projects that have Development Agreements. Given that there is no Council established policy regarding prevailing wage requirements and/or local hiring preferences, the City cannot impose such a requirement as a project condition of approval. However, because the applicant has stated in their appeal that they are willing to voluntarily commit to providing prevailing wages and including a preference towards local hire, it is up to the Council to provide direction on this matter.

4. Extensive Community Outreach. The Appellant noted that in addition to the due diligence they did prior to purchasing the property, they did community outreach to solicit feedback and ensure that the business community felt that the project would be a benefit to the Foster City Community. In addition, they noted that project has undergone numerous studies and public meetings to ensure City Council, Planning Commission, and the public were informed of project proposal and details, outcome of analysis, and efforts made to improve the projects.

Staff Comments: As stated above, the project has gone through several public meetings which were noticed in the local newspaper, mailed to interested parties, posted on city website, and advertised through other sources. Given the positive feedback that the Applicant received at the City Council Gatekeeper meeting and taking into account all the concerns that were raised at that meeting and subsequent Planning Commission meetings, the Applicant provided 277
technical reports and studies requested by staff and the City including a full EIR analyzing traffic, water demand, infrastructure demand etc., market demand and fiscal impact studies, alternative land use scenarios study, parking analysis and a robust TDM plan to justify the requested parking reduction. In addition, they reached out to the Vintage Park Community Association (VPCA) and received preliminary approval of their project.

5. Lack of denial of justification. There was a lack of legal findings provided for the denial except for several verbal statements made on the July 7, 2022 meeting. The Appellant agrees with staff’s initial findings that the EIR, GDP, and Use Permit are in conformance with the General Plan’s goals and policies and that the project meets the intent of the General Plan and that the Planning Commission erred when it denied the Use Permit with no legal findings to deny the Project.

Staff Comments: The Planning Commission made verbal comments during their deliberation prior to recommendation of denial of the Use Permit and the Rezoning/GDP amendment. The Planning Commission found that the project did not thoroughly consider other uses that the site could accommodate, would remove a community benefit due to the loss of a restaurant space, will exacerbate traffic, does not provide prevailing wages and local hiring preference and was not consistent with General Plan’s goals and policies.

Pursuant to Foster City Municipal Code section 17.06.070, the Planning Commission may deny a use permit if the “…establishment, maintenance or cooperation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city.” In this case, while the Planning Commission did not make formal written findings relating to the denial of the use permit, the majority of Planning Commissioners who voted to deny the Use Permit did verbally express their objections to the project and commented on why the use applied for would, in their opinion, be detrimental to the health, safety and general welfare of persons in the City. Those verbal statements were recorded in the form of minutes (Attachment 2) which may serve as the report of their actions pursuant to Foster City Municipal Code section 17.06.150 for the recommendation denying rezoning and as the evidence for the 278
basis of denial of the use permit.

While written findings of denial are not specifically required by the Municipal Code, staff would recommend that any determination by the Council – either in support of the project or denying the project be in the form of written findings supported by substantial evidence in the record before the Council. In this way, the Council’s decision can be in accordance with California Code of Civil Procedure section 1094.5, which would allow a reviewing court to determine both whether substantial evidence supports the administrative agency's findings and whether the findings support the agency's decision.

NOTICING/PUBLIC OUTREACH
The public was advised of this Public Hearing in the following ways:
 Electronic mailing to the interested parties who expressed interest in receiving project updates – August 3, 2022
 Published 1/4-page ad in the Foster City Islander – August 3, 2022  Foster City website: www.fostercity.org – August 3, 2022  Public Posting Places – August 3, 2022

PUBLIC COMMENT
To date, staff has received one public comment dated August 1, 2022 from Sierra Club Loma Prieta Chapter (Attachment 5). The letter recommends that the City Council rule against the land use approval for a life sciences building due to concerns of jobs-housing imbalance, traffic and TDM findings and loss of community amenities such as a restaurant, etc. The letter also recommends established bio-safety levels for labs that may be housed in spec building if it should proceed.

On August 5, 2022, the Appellant provided a response to the Sierra Club Letter (Attachment 7). Staff generally agrees with the response prepared by the Appellant. In addition, the issues raised in the Sierra Club letter have been sufficiently addressed in the technical studies/reports, the EIR and in the Planning Commission Staff Reports that are referenced and linked throughout this report.

CONCLUSION

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The Vintage Park area has been established as a business and working community tightly integrating the various land uses within and surrounding the site. While there are many factors that need to be taken into consideration when evaluating requests for change in uses including but not limited to consistency with the General Plan and Zoning Code, providing community amenities, maintaining diversity of land uses, market conditions, community needs, environmental impacts, economic development, etc., this part of Vintage Park has experienced a transition over the years resulting in amendments to the Vintage Park GDP. Restaurant uses in this part of the Vintage Park neighborhood were originally established on three (3) parcels – Harry’s Hofbrau at 1297 Chess Drive, Black Angus at 1299 Chess Drive and El Torito at 388 Vintage Park Drive. With the redevelopment of 1297 and 1299 Chess Drive sites, the City lost two stand-alone sit-down restaurant sites. However, the City gained an additional hotel (TownePlace Suites) and although the overall restaurant square footage decreased, the overall number of restaurants increased from two (2) sit down restaurants to three (3) fast casual dining spaces with additional retail/restaurant square footage. While these changes were driven by market conditions and failing sit down restaurants, the City was still able to maintain diversity in land uses within the research office park setting by adding new and/or different uses. The proposed use will not only replace an existing non-viable restaurant use with life sciences office use but will also support the hotels and fast casual dining and retail in the project vicinity.

With an allowable FAR of 1.0, site constraints, easements on the site that reduce the developable land area, life science campuses like Gilead and Lincoln Center that provide on-site cafeteria and other amenities for their employees and as supported by the findings in the financial feasibility studies, developing the site as a mixed-use especially with a restaurant presents certain challenges. Adding another use is also likely to exacerbate traffic and other impacts. Although the proposed project adds new jobs and concerns related to jobs-housing balance were raised, the City will receive affordable housing commercial linkage fee that will help fund affordable housing projects and/or programs. In addition, this project would be the first project to pay the recently adopted development impact fees to offset some costs associated with impacts from new development. Finally, it is important to note that there are millions of square feet of office and R&D space (entitled, planned or under construction) adding thousands of jobs in neighboring cities within San Mateo County and the region. At the same time, cities have committed to build additional housing as part of the next Housing Element cycle to maintain a healthy jobs-housing balance. Whether or not a city decides to approve or 280
deny a project that adds more jobs, there will be impacts (both positive and negative) from the overall job growth in the region that will affect all cities.

Staff recommends that the City Council consider the Planning Commission’s actions on three (3) project applications and the Appeal relating to the project, hold a public hearing and take testimony on the project applications and the Appeal and provide direction to staff on one of the options identified above.

FISCAL IMPACT

Should the Council consider approval of the proposed project, the project will generate both one-time revenues as well as ongoing annual revenues. The approximate estimate is listed below:

One-Time Affordable Housing Impact Fee/Commercial Linkage Fee – $2.8 million
One-Time Development Impact Fees (based on 50% lab and 50% office) – $770k
Ongoing Tax revenues for the City – $286k annually
One-Time Property Transfer Tax - $7,200
One-Time Permit Fees – $1.1 million
One-Time School Fees – $82k
Potential Additional Revenues from Business License Tax – Up to $27k per business license plus CPI annually
Potential Business-to-Business Sales Tax – $24k to $48k annually (could be higher depending on future tenant)
Potential Transit Occupancy Tax revenue – $12k annually

Denial of the proposed project would result in a negative fiscal impact with no revenue generation until such time the site becomes occupied.

CITY COUNCIL 2022 STRATEGIC PRIORITIES

This action is in alignment with the City Council’s 2022 Strategic Priorities, which is to create a City Council that “operates at the highest level of civil discourse, encouraging resident engagement and full transparency.”

ATTACHMENTS

Attachment 1 – July 7, 2022 Planning Commission Memo
Attachment 2 – July 7, 2022 Planning Commission Meeting Minutes Attachment 3 – Resolution P-11-22
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Attachment 4 – Appeal
Attachment 5 – Letter from Sierra Club Loma Prieta Chapter Attachment 6 – Appellant’s Response to Sierra Club Letter 282
City of Foster City

MEMORANDUM
Community Development Department
D
ATE: July 7, 2022
TO
: Planning Commission
VI
A: Marlene Subhashini, Community Development Director
F
ROM: Shannon Allen, Consultant Planner
Thai-Chau Le, Planning Manager
SU
BJECT: Supplemental Memo
Continued Public Hearing Item from May 5, 2022 Planning Commission Meeting 388 Vintage Park Drive – Proposed 124,395 square-foot, four-story Research and Development Office Building

BACKGROUND
O
n May 5, 2022, a Planning Commission Public Hearing was held to review the three (3) planning applications for the proposed project. The May 5, 2022 meeting materials for the project are included in Exhibit A and the associated exhibits attached to this supplemental memorandum includes staff report, resolutions, and technical reports. At the May 5, 2022 Regular Meeting, staff recommended that the Planning Commission adopt the following Resolutions: 1) recommendation to the City Council certifying the EIR; 2) recommendation to the City council for approval of a rezoning to amend the GDP; and 3) Planning Commission approval of a Specific Development Plan/Use Permit.

D
uring the meeting, the Planning Commission made comments regarding potential impacts to the jobs/housing balance and Regional Housing Needs Allocation (RHNA) numbers, transit changes and the effectiveness of the Transportation Demand Management (TDM) plan, and prevailing wage policies. Comments from the meeting are summarized below:
• T
wo Planning Commissioners expressed concerns that the project would add jobs and impact the City’s jobs/housing balance and increase future RHNA numbers. o In response, t he CDD Director stated that RHNA takes into consideration future population growth, job growth, and households. As long as Foster City keeps up with housing production, the jobs/housing imbalance is expected to improve. • Thr
ee Planning Commissioners expressed concerns regarding traffic and effectiveness of the proposed T ransportation Demand Management (TDM) plan. One Commissioner expressed that transit lines through Foster City have been cut and the re is little known regarding future plans to restore those lines. Two of the three Commissioners expressed that the TDM plan relies on those transit lines for its effectiveness and one Commissioner expressed that there may be an over reliance on its effectiveness to reduce congestion.

One of the three commissioners also expressed concerns with the methodology ( i.e., comparison variables and baseline) of the transportation analysis and TDM plan, expressed disappointment that previous intersection suggestions were not taken, general ATTACHMENT 1
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comments about availability of infrastructure for the proposed project pertaining to circulation and traffic, and overall concerns pertaining to policies presented. o In response, the City’s transportation consultant, Matt Goyne from Fehr & Peers, stated that the proposed parking supply is sufficient without the TDM plan and the TDM plan includes transit as well as other elements. Mr. Goyne also noted that SamTrans and AC Transit have not made statements regarding discontinuing these lines permanently and their long-term plan is to increase service across the region. He added that there is a monitoring requirement that each individual project would be required to implement to ensure that their TDM goals are met. • O ne Planning Commissioner made a comment about prevailing wages and local hiring preferences, a comment that was also made by a member of the public . The Commissioner recalled that there may be a formal or informal City Council Policy requiring prevailing wages and suggested that if such policy exists, he would be in favor of applying it to this project . Two more Commissioners supported the suggestion. The same Commissioner also made a comment about a past multi -project traffic study and the fact that Caltrans proposed to add a second entry lane on westbound 92. He stated that because Caltrans did not follow through, with no corresponding housing increas e, and transit lines being discontinued, it will only impact traffic further. o In response, the CDD Director and Assistant City Attorney stated that additional research is needed regarding prevailing wage policy . T hey were aware of prevailing wage requirements negotiated in Development Agreements (DAs), and certain provisions in the commercial linkage fee ordinance, but not otherwise applied to projects.
• One Planning Commissioner expressed overall concerns regarding the approach in evaluating projects as it pertains to sufficient parking supply . He expressed that the parking issues for this project has been addressed but encouraged staff to evaluate and balance parking demand and supply wholistically for future projects.

The Planning Commission continued the Public Hearing for this project for staff to research and provide clarifications on the issues they raised.

Staff also followed up with Commissioners to reaffirm the areas of concerns discussed at the May 5, 2022 Regular Planning Commission Meeting. The following analysis was prepared with the intent to provide further clarification, add supplemental information, and address concerns/comments that were raised by the Commissioners at the May 5, 2022 Regular Planning Commission Meeting.

ANALYSIS

Prevailing Wages

In response to Planning Commission comments received at the May 5 th meeting, staff did some research into existing city policies regarding prevailing wages and local hiring preferences. The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. 1 The intention of prevailing wages is to
protect local labor markets from contractors from elsewhere. In addition, it sets a “floor,” which wages cannot drop below to restrict laborers exploitation and maintain high quality of work.

1 U.S. Department of Labor, Prevailing Wage Information and Resources webpage:
https://www.dol.gov/agencies/eta/foreign-labor/wages
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California’s prevailing wage law requires contractors to pay specific wage rates on public works projects.2 Public works projects are broadly defined and generally encompass construction work that is paid for in whole or in part out of public funds but can also include construction work that is performed on public property, among other things.
3 As pointed out by staff during the May 5th
meeting, in 2016, the City Council adopted an ‘Area Standard Wage Policy’ by adopting Resolution No. 2016-87 which provided a 25% rebate to the City’s adopted commercial linkage fees for commercial development projects that voluntarily enter and perform an agreement with the City to pay Area Standard Wages consistent with City Council policy. Prior to this, prevailing wages and/or local hiring preferences were negotiated through DAs for specific projects (Pilgrim Triton, Chess Hatch, Foster Square). These were negotiated terms that were incorporated into DAs. The Council did not formally adopt a prevailing wage policy that applied to all private development projects. This information was confirmed by former and current City staff and based on staff research of City records. Projects that involve work in the City’s public right of way or City public works projects are subject to prevailing wage laws under the California Labor Code regulations 1720 et seq.

Staff Comments: Given that there is no formally adopted Council policy that requires private developers to pay prevailing wages or hire locally with the exception of the 25% rebate to the commercial linkage fee noted above, the City cannot impose such a requirement as a project condition of approval. Additionally, given that this is not a public works project, imposition of a requirement for payment of prevailing wages would appear to be contrary to State law relating to prevailing wages. In general, conditions of approval can sometimes be imposed as part of a Use Permit for a development project. However, those conditions of approval must still be consistent with State and Federal laws and supported by substantial evidence in the record demonstrating the reasonable relationship between adverse public impacts of the proposed project and the condition being imposed to address those impacts. The condition must be drafted in such a way that the condition is roughly proportional to the impacts of the project. In this case, such a condition does not appear to be consistent with State prevailing wage law.

Jobs-Housing Balance

In response to concerns that were raised about the project adding more jobs and impacting jobs housing balance and future RHNA for the City, staff has attempted to provide some background information. The ‘Jobs-Housing Balance’ metric is the ratio of jobs to the number of households in a given jurisdiction. For example, a Jobs-Housing Balance of 1.25 means there are 5 jobs for every 4 households. The ratio compares place of work wage and salary jobs with households, or occupied housing units. A similar measure is the ratio of jobs to housing units. However, this jobs- household ratio serves to compare the number of jobs in a jurisdiction to the number of housing units that are actually occupied. If there are more jobs than employed residents, it means a city is relatively jobs-rich, typically with also a high jobs-to-household ratio. The jobs-household ratio in Foster City increased from 1.37 in 2002, to 1.76 jobs per household in 2018 (Source: U.S Census Bureau).

The Plan Bay Area 2050 ( link
) is a 30- year plan that charts a course for a Bay Area that is affordable, connected, diverse, healthy and vibrant for all residents through 2050 and beyond.

The plan includes multiple strategies that promote a healthier balance of jobs and housing throughout the Bay Area’s nine counties.

2 Labor Code § 1771; see also Labor Code § 1771.5
3 Labor Code §§1720-1720.9; see also Public Contract Code §§ 1101-20161. 285
The Plan Bay Area 2050 Forecasting Modeling Report (link) Pages 31-36 include regional growth forecasts based on population, employment, households and housing units required through 2050. The findings from this analysis — that the Bay Area must accommodate 1.5 million new homes and 1.4 million new jobs — underpinned the remaining phases of modeling. The table on page 149 of the modeling report shows projected household and job growth by County.

Jurisdiction-level growth projections were developed solely for the 2023- 2031 RHNA process.

The table on page 151 of the report shows projected household and job growth by superdistrict.

The nine- county Bay Area is divided into 34 subcounty areas, called “superdistricts.” Superdistricts are combinations of cities, towns and unincorporated areas that allow the public to see the more localized growth pattern in Plan Bay Area 2050. The projected household growth for Superdistrict #64 which includes around 8-9 communities including Foster City is 121,000 to 2050 and the projected job growth is 13,000 jobs by 2050.

Plan Bay Area 2050 identifies growth geographies and strategies for the next 30 years, whereas the RHNA is a short-to-medium term housing allocation process, distributing growth as assigned by California Housing and Community Development (HCD). According to the report “ Jobs-rich and high-resource cities are those with a job-housing ratio greater than 1.75 in addition to being identified as exclusionary in the final draft 2023- 2031 RHNA allocation (via “equity adjustment” calculation).”

The RHNA process identifies the total number of housing units at various affordability levels, that every local government in California must plan to accommodate for an eight (8) year planning period. For the San Francisco Bay Area region, HCD determines the number of housing units that should be produced in the region (RHND). This determination of need is primarily based on estimated job and population growth among other factors. ABAG then allocates that need (RHNA) for each jurisdiction, based on their share of the region’s households and adjusts for access to high opportunity areas, proximity of jobs to transportation and transit, and an equity adjustment to ensure that each jurisdiction receives an allocation of lower -income units that is at least proportional to its share of the region’s total households in 2020. The ABAG Final RHNA for San Francisco Bay Area, 2023-2031 can be accessed by clicking on this link.

The ABAG Housing Methodology Committee used the forecasted development pattern included in Plan Bay Area 2050 Final Blueprint in order to determine the RHNA for Bay Area cities . The Final Blueprint emphasizes growth near job centers and in locations near transit, as well as in high-resource areas, with the intent of reducing greenhouse gas emissions, improving the region’s jobs-housing balance and shorter commutes – especially for low-income workers. The allocation factors in the final RHNA methodology focus entirely on job proximity and access to high opportunity areas. The final RHNA methodology results in ju risdictions with the most access to jobs experiencing higher growth rates from their RHNA allocations than other jurisdictions in the region. Jurisdictions with the largest share of the Bay Area’s jobs received allocations that result in the highest growth rates compared to the rest of the jurisdictions in the region. Additionally, the jurisdictions with the worst jobs -housing fit received a larger share of their RHNA as affordable housing than other jurisdictions and received a share of the RHND that is 22 percent greater than their share of the region’s households. This outcome was supported by inclusion of the equity

4 https://opendata.mtc.ca.gov/datasets/MTC::travel-model-super-districts/about Super District #6 - San Mateo/Burlingame: The central San Mateo County Super District includes the communities of Hillsborough, San Mateo, Foster City, Belmont, the southern part of Burlingame, and the coastside communities of Montara, Moss Beach, El Granada, and Half Moon Bay. The southern boundary of Super District #6 is the Foster City city limits, the Belmont/San Carlos city limits, Interstate 280, Kings Mountain, Lobitos Creek extending to Martins Beach on the coast.
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adjustment in the RHNA methodology, which directed additional lower income units to jurisdictions with an imbalanced jobs-housing fit.

It is important to understand that development of the final RHNA methodology was based to be consistent with the forecasted development pattern from Plan Bay Area 2050 as the baseline allocation. RHNA and Plan Bay Area 2050 discuss planning for housing on two separate time horizons: RHNA focuses on the shorter-term with its eight-year cycle, while Plan Bay Area 2050 presents a longer -term vision for the next 30 years. The development of these two efforts are coordinated, with RHNA’s near-term focus setting the stage for early implementation of Plan Bay Area 2050’s envisioned growth pattern.

ABAG-MTC staff also developed a framework for evaluating consistency between RHNA and Plan Bay Area 2050. This approach compares the 8- year RHNA allocations to the 35- year housing growth from the Plan Bay Area 2050 Final Blueprint at the county and subcounty geographies used in the plan. If the 8-year growth level from RHNA does not exceed the 35-year housing growth level at either of these geographic levels, then RHNA and Plan Bay Area 2050 will be determined to be consistent. ABAG -MTC staff evaluated the final RHNA methodology using this approach and determined that the RHNA allocation is consistent with Plan Bay Area 2050 Final Blueprint.

Staff Comments: While the above background does not directly or definitively answer the question as to how the proposed project and addition of 200 plus jobs impacts future RHNA and jobs - housing balance for the City, it can be concluded that current RHNA numbers do take into account future job growth forecasted in Plan Bay Area 2050. While the concern regarding jobs -housing balance is a valid one, the fundamental issue is that the rate of housing production across the entire Bay Area has not kept up relative to the rate of job creation. While a healthy balance is said to be 1.5 jobs per housing unit, it is important to understand that RHNA for any one city is not based on the jobs-housing ratio in that individual community. Instead RHNA for the San Francisco Bay Area region is informed by the Plan Bay Area 2050 and the economic model used in its complex forecasting model. The model uses tools to forecasts future business and household locations, future land use changes within the region, choices real estate developers make on how much, what, and where to build and more. Jobs -housing balance can be achieved through regional and local policies and programs. While Council may consider future policies and programs that address jobs -housing imbalance, they recently approved an update to the City’s Commercial Linkage Fees and adopted new Development Impact Fees. The fee revenues from this project along with the housing programs and policies in the City’s Housing Element Update could offset some of the impacts including affordable housing.

The proposed project meets the land use goals and policies within the City’s General Plan. The project would be consistent with the Research/Office Park General Plan Land Use designation of the subject site, would redevelop an underutilized site, and would provide for economic development consistent with Land Use Goals LUC-I and LUC-K, and Policy LUC-D-1.

Parking, Traffic, Transit and Transportation Demand Management (TDM)

Planning Commissioners expressed concerns that transit lines through Foster City have been suspended since the pandemic and the environmental analysis and the transportation analysis did not take this into account. Furthermore, the TDM plan relies on those transit lines to demonstrate a reduced parking demand. Also, Foster City transit lines are low priority for transit agencies and therefore, if TDM is ineffective, traffic will be exacerbated. 287
On February 12, 2021, an application for Environmental Assessment was submitted. The Environmental Impact Report (EIR). The EIR was initiated with a Notice of Preparation (NOP) on July 21, 2021, locking the baseline condition for the environmental analysis at that time. The EIR and associated technical reports disclosed the existing transit services in the area, and noted “as of June 13, 2021, AC Transit has temporarily suspended the Transbay service Line M in response to the COVID -19 pandemic. The timeline for service return is unknown.” The transportation analysis, Appendix C of the EIR ( link
) analyzed transportation impacts under Vehicle Miles
Traveled (VMT) using the City/County Association of Government (C/CAG) and statewide guidance for best practices as the City is yet to adopt its own VMT guidelines that is required by the California Environmental Quality Act (CEQA).

As explained in the EIR and transportation section of the report, the C/CAG model was created prior to the pandemic and therefore, does not account for the suspended for revised routes.

However, it is important to note that the primary transit service serving employment centers in Foster City was operating in 2021 (commute.org shuttles) and the routes not operating ( i.e., M- line) have nominal effect on travel due to the infrequent pre-pandemic service. Further, work from home policies substantially reduced commute travel in Foster City in July 2021. Given the changing nature of travel patterns and the extensive effort required to calibrate travel models to a new baseline condition, regional agencies have not updated travel demand models and the models used are based on the latest data available. The analysis accounted for pre- pandemic transportation setting where vehicular trips are higher as the mid- pandemic condition could provide misleading information to decision makers due to the unlikely scenario that mid-pandemic conditions continued indefinitely. Furthermore, the pre -pandemic baseline would be more reflective of conditions that the potential future operation of the project would be operating under.

As described in the Fehr & Peers Memorandum, both AC Transit and SamTrans have announced that reductions to service are anticipated to be temporary, and the lines in Foster City are included in their short- and long-range transit plans (Exhibit E). Based on the location and project elements (i.e., use, surrounding land uses and transportation network, TDM proposal), the VMT impacts from the proposed project would be less than significant under CEQA. However, as noted in the EIR, the project would have a potential impact to the inbound and outbound left turns at Chess Drive driveway due to roadway curvature and conflicts with vehicles entering the neighborhood commercial uses. Therefore, the project would implement Mitigation Measure TRA -1 so that it would not result in both inbound and outbound left turns at the project’s Chess Drive driveway prior to the issuance of any building permits. No other transportation impacts or effects were identified that would conflict with City’s plans and policies and therefore, no other mitigation measures or conditions (such as intersection improvements) are required.

A TDM plan is part of the proposed project, and it is also a requirement of Foster City and C/CAG.

As described in the November 18, 2021 Staff Report, revised TDM measures included:
free/preferential parking for carpools; a TDM coordinator; participation in Commute.org; commute assistance/ride-matching; shuttle program/fund transit service; guaranteed ride home; orientation and education; carpool or vanpool programs; transit or rideshare subsides; pre- tax benefits; secure bike storage; bicycle and pedestrian access; and, reduced parking. The applicant’s proposed TDM plan prepared by Kimley Horn was peer reviewed by Fehr & Peers, the City’s consultant, who found the plan to be robust and resulting in a greater VMT reduction than required. In the attached Memorandum (Exhibit E), Fehr & Peers describes in greater detail which TDM elements were incorporated into the TDM analysis in the EIR, and how a conservative approach was taken.

The proposed parking supply is adequate without taking into consideration the TDM plan. As described in the staff reports dated November 18, 2021, and May 5, 2022, the project requires a 288
minimum of 320 parking stalls. With credits applied, consistent with Municipal Code Section

17.62.060(D)(4), the project would require a total of 309 parking stalls. The initial application included 180 parking spaces (a 42% reduction), but in response to concerns raised by the Planning Commission, the number of spaces was increased to 210 spaces (a 32% reduction) through the use of parking stackers. The proposed reduced parking supply was supported by a Parking Needs Study and the TDM plan. At the November hearing, most of the Commissioners found the parking supply ac ceptable. In the attached Memorandum, Fehr & Peers (Exhibit E) describes the parking analysis include in the Environmental Impact Report (EIR), which concluded that peak parking demand is anticipated to be less than the proposed parking supply.

The TDM plan includes a monitoring component to ensure the effectiveness of the plan. If transit related elements are ineffective or no longer feasible to regional changes, the applicant is required to refine the TDM plan. Therefore, the project includes Condition of Approval 11.06 which requires the owner or its successor in interest to file an annual report by January 31 of each year with the Foster City Community Development Department documenting efforts undertaken and results achieved in the previous year pursuant to the TDM program.

Furthermore, at the November 18, 2021, Study Session one commissioner expressed concerns with the use of parking stackers. In response, the applicant explained constraints of the site, including geometry and high water table, as well as the success of stackers in other projects.

Since that time, the applicant has provided staff with additional information on the operation of parking stackers. As shown in Exhibit F, the driver uses a control panel to select their assigned parking place. The stackers then rotate/move so that the selected parking platform is into the accessible position. The driver drives the car onto that platform, shifts the car into park, applies the hand break, and exits the car. Afterwards the driver selects a “close gate” button on the control screen and exits the system.

Staff Comments: As discussed at the May 5, 2022 hearing, the EIR, the TIA, and the supplemental memorandum prepared by Fehr & Peers attached to this report, the project would reduce the VMT impacts to meet the State’s threshold and therefore, result in less than significant impact under CEQA. The COVID-related temporary transit changes do not affect the conclusions of the Project EIR TIA, including the VMT analysis, parking study, and LOS traffic analysis, because the analysis used the best available methodology, data, and proposed project’s TDM program relies on the last -mile shuttles ( which are currently in service) and other non- transit measures. The project’s impact on VMT would be less than significant with mitigation and parking supply would be adequate. Additionally, the TDM Plan also includes annual monitoring and reporting, as required by the City. If the TDM Plan is found to not be as effective as expected the Project will be required to implement additional TDM measures to meet the required reduction in vehicle trips, consistent with the conditions in the resolutions of this project.

REQUESTED ACTION/PURPOSE

As the project is consistent with major City’s projects and goals, Municipal Code, and the project provides feasible mitigation measures to reduce environmental impacts identified in the subject EIR, staff recommends that Planning Commission review three (3) applications for the proposed approximately 124,395- square-foot, four -story (81 -foot-tall including mechanical penthouse) Research and Development (R&D) Office building including 210 parking spaces located at 388 Vintage Park Drive at the intersection of Vintage Park Drive and Chess Drive in the Vintage Park Neighborhood.

Staff recommends that the Planning Commission adopt the following Resolutions 289

1. Environmental Assessment (File No. EA2021-0001)
o Recommendation to the City Council certifying the Environmental Impact Report (EIR) prepared for the proposed project and adoption of the Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) and California Environmental Quality Act (CEQA) Findings prepared for the project (Exhibit B);

2. General Development Plan/Rezoning (File No. RZ2021-0003) o Recommendation to the City Council for approval of a Rezoning to amend the previously approved Vintage Park General Development Plan (GDP) to allow Life Sciences Lab and Office uses on the subject site (Exhibit C); and

3. Specific Development Plan/Use Permit (File No. UP2021-0023) o Approval of the Specific Development Plan/Use Permit for the proposed project with Conditions of Approval, pursuant to Section 17.36.050, Specific Development Plan, of Chapter 17.36, PD Planned Development Combining District of Title 17, Zoning of the Foster City Municipal Code (Exhibit D).

NEXT STEPS

The Planning Commission's recommendation regarding the Environmental Assessment and the General Development Plan Amendment/Rezoning will be forwarded to the City Council for final action. The Planning Commission's action on the Specific Development Plan/Use Permit is final, unless appealed to the City Council. The Use Permit would take effect at the same time the General Development Plan Amendment/Rezoning action would be effective, if approved by the City Council.

EXHIBITS:

A. Memo and Staff Report for Planning Commission May 5, 2022 Meeting o Exhibit A – Attachment 1 - Resolution EA2021-0001
o Exhibit A - Attachment 2 - Resolution RZ2021-003
o Exhibit A - Attachment 3 - Resolution UP2021-0023
o Exhibit A - Attachment 4 - Draft City Council Ordinance o Exhibit A - Attachment 5 - August 12, 2021 Planning Commission Meeting Minutes o Exhibit A - Attachment 6 - November 18, 2021 Planning Commission Meeting Minutes
o Exhibit A - Attachment 7 - Response to Comments Memorandum o Exhibit A - Attachment 8 - Current & Proposed Vintage Park Land Use Map o Exhibit A - Attachment 9 - VPCA Association Letter Dated December 4, 2020 o Exhibit A - Attachment 10 - Project Plans Dated February 18, 2022 o Exhibit A - Attachment 11 - TDM Plan by Kimley Horn Dated September 23, 2021 o Exhibit A - Attachment 12 - Parking Need Study by Dyett & Bhatia Dated October 15, 2020
B. Revised Resolution for Environmental Impact Report ( EA2021-0001) and Mitigation Monitoring and Reporting Program (MMRP)
C. Revised Planning Commission Resolution (RZ2021-0003) for Recommendation to City Council
D. Revised Resolution for Use Permit (UP2021-0023)
E. Fehr & Peers Memorandum, June 10, 2022
290
F. Parking Stacker Use and System Overview
291
PLANNI
NG COMMISSION MINUTES JULY 7, 2022

REGULAR MEETING OF THE FOSTER CITY PLANNING COMMISSION

M I N U T
E S
July 7, 2022

1. CALL TO ORDER
At 7:00 p.m. by Vice Chair Adams
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 with the option to attend by teleconf erence and/or video
conference or in person.

2. ROLL CALL

Present: Commissioners Adams, Bronitsky, Haddad and Jagtiani

Absent:

Commissioner Venkat
Staff Present: Marlene Subhashini, Community Development Director; Thai- Chau Le, Planning Manager; Shannon Allen, Consultant
Planner; Denise Bazzano, Assistant City Attorney

8. NEW BUSINESS

1. PLANNING COMMISSION REORGANIZATION
ACTION: Vice Chair Adams stated that the items will be taken out of order and the first item to be heard is the Planning Commission Reorganization. Vice Chair Adams asked for a motion for item 8.1 to be moved to the top of the agenda, Commissioner Bronitsky motioned
the move, Commissioner Jagtiani seconded, and action was approved by roll call vote of 4-0-1(Absent: Venkat) to hear this item first.

Vice
Chair Adams called for nominations for Chair. Commissioner Jagtiani nominated Vice Chair
Adams for Chair, Commissioner Haddad seconded, and Vice Chair Adams closed the
nomination. Action was approved by roll call vote of 4-0-1(Yes: Bronitsky, Adams and Jagtiani, an
d Haddad, Absent: Venkat).

Chair
Adams called for nominations for Vice Chair in which Commissioner B ronitsky nominated
Commissioner Jagtiani for the position. Chair Adams seconded and closed the nomination.

Action was approved by roll call vote of 4-0-1 (Yes : Bronitsky, Adams and Jagtiani, an
d Haddad, Absent: Venkat), approved.

3. COMMUNICATIONS FROM THE PUBLIC

1. Commissioner Bronitsky and Vice Chair Jagtiani switched seat s on the dais. No communications from the public were received. Chair Adams intro duced the new City Manager, Stefan Chatwin. Mr. Chatwin introduced himself and appreciated the welcome from the Commissioners.

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4. CONSENT CALENDAR

1. MINUTES OF MAY 5, 2022 REGULAR MEETING

ACTION: Motion by Commissioner Bronitsky, seconded by Vice Chair Jagtiani to approve the Minutes of May 5, 2022 Regular Meeting, carried by roll call vote, passed 4-0-1 (Yes:

Bronitsky, Adams and Jagtiani, and Haddad, Absent: Venkat)

5. CONTINUED PUBLIC HEARING

1. A RECOMMENDATION TO THE CITY COUNCIL REGARDING CERTIFICATION O F

THE FINAL ENVIRONMENTAL IMPACT REPORT, INCLUDING ADOPTION OF

FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND

STANDARD CONDITIONS OF APPROVAL AND MITIGATION MONITORING AND REPORTING PROGRAM (SCAMMRP) (EA2021-0001); A RECOMMENDATION TO THE

CITY COUNCIL REGARDING AN AMENDMENT TO THE FOSTER CITY ZONING MAP

TO MODIFY THE PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN FOR THE ± 132-ACRE LANDS KNOWN AS VINT AGE PARK TO ALLOW THE PROPOSE D APPROXIMATELY 124,395 SQUARE-FOOT RESEARCH AND DEVELOPMENT OFFICE USE (RZ2021-0003); AND PLANNING COMMISSION APPROVAL OF A

SPECIFIC DEVELOPMENT PLAN/USE PERMIT FOR THE PROPOSED
DEVELOPMENT OF A NEW, APPROXIMATELY 124,395 SQUARE-FOOT, FOUR-

STORY RESEARCH AND DEVELOPMENT OFFI CE BUILDING AT THE FORMER EL TORITO RESTAURANT SITE LOCATED A T 388 VINTAGE PARK DRIVE NORTH OF CHESS DRIVE (UP2021-0023) – W-SW 388 OWNER IX, L.P. C/O STEELWA VE CDS, LLC – VINTAGE PARK NEIGHBORHOOD – APN: 094-901-270

ACTION: Chair Adams started the item with reading the project title into the record. Chair Adams asked for disclosures about meetings or communications they may have had with applicants or other members of the Commission pertaining to the project. Vice Chair Jagtiani and Commissioner Haddad disclosed that they had a virt ual meeting with the applicant.

Consulting Planner Shannon Allen presented a project overview w ith information about the overall project, public meetings and study sessions, and ad ditional information presented in the supplemental memo attached to the hearing item.

Vice Chair Jagtiani asked a question about how much is transit weighted to reduce transportation effects and impacts among the TDM measures. Tran sportation consultant Matt Goyne responded and noted that the analysis is based on and included the last mile shuttle from commute.org, commute marketing program, and ride m atch, in terms for quantification. Mr. Goyne also mentioned that these measures we re included for a conservative approach to CEQA and there were other measures not included in quantification that can lead to a much higher reduction. Shuttl e ridership is much higher than the M-line.

Planning Manager Thai-Chau Le referred Commissioners to Exhibit A, Attachment 11, Table 1 of the package that included a summary of TDM measures with a subtotal of about 35% of vehicle trip reduction. Ms. Le mentioned that the TDM mo nitoring component would provide flexibility at the time of project operation and that the requirement is to meet the same threshold, ensuring implementation of these measures. Vice Chair Jagtiani reconfirmed the percentage for transit and Ms. Le responded tha t transit is about 10%, shuttle is another 10% and total to be 20%.

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Vice Chair Jagtiani added another comment pertaining to the project hav ing room for 20 bike spaces and asked about other potential TDM measures. He also noted that page 90 of the Environmental Impact Report (EIR) stated that this particular location has high level of traffic stress and will require “strong and fearless” bicyclists. He expressed concerns and questioned if the project assumes there will be 20 “fearless” bicyclists in the building.

Planning
Manager Thai-Chau Le responded that future projects such as shared parking, or changes in operation such as working from home models may all contribute to future trip reduction. Therefore, the monitoring component of the TDM requirement are there to provide that flexibility.

Chair
Adams asked about implementation procedures of the TDM’s and penalties for not implementing the goals and measure of the TDM. Community Development Director, Marlene Subhashini confirmed that the conditions within the approved resolution would remain with the rights of the project. Permit revocation is possible if permit conditions are not fulfilled as required. The City has a responsibility to ensure compliance, but the applicant and future tenant also would be responsible for continuous monitoring of their conditions to ensure the annual reporting is submitted on time. Ms. Subhashini also stated that some options for non-compliance with the Use Permit conditions would be a full review by Planning Commission or if the project is in blatant violation of the project, the extreme measure would be to revoke their permit altogether.

Ms. Al
len also emphasized the importance of the TDM’s monitoring and flexibility to include alternative measures in the future as more becomes available. Mr. Goyne added that other jurisdictions have financial penalties if trips are exceeded. He mentioned that the key point is that there would be a threshold that the project must meet, and that they focused their analysis on a key number and that their approach was conservative. The City itself could do more than Commute.org takes or their own approach.

Chair
Adams asked Mr. Goyne about a project across the street at 1297 Chess Drive in which Fehr & Peers also completed that traffic analysis in a 2015 report. That analysis included a recommendation that if 388 Vintage Park (current project site) be redeveloped, a U-turn should be considered at this intersection. Chair Adams then raised the question as to why there is no analysis at this intersection on this project to match direction in 2015.

Mr. Goyne responded and stated that that recommendation was made in coordination with the City’s Public Works Department at that time and what was required correlated with the effects and conditions of that time, including the forecasting of potential travel patterns.

This area was evaluated again in 2020/2021 under the current condition for this project in conjunction with the City’s Public Works Department and determined that the consequences of adding a U -turn at this location would result in a longer pedestrian crossing and widening the road with more infrastructure. Ultimately, the reanalysis and discussion concluded that this U-turn is not needed at this time with the understanding of the current operation of the site and area.

Public
Works Department staff Justin Lai reiterated and confirmed Mr. Goyne’s response.

Chair Adams asked what has changed in the conditions from 2015 until now. Mr. Lai stated that this U-turn was considered, but after reassessment of the proposed use and current conditions, it was determined to not warrant a need for the U-turn. Mr. Goyne added that the recommendation for the U -Turn in 2015 was also a cautious recommendation to ensure that it remained on staff’s radar and those traffic conditions observed.

Chair
Adams then asked staff to clarify the entrances and exits on the plans and in the reports as it shows contradictions. Vice Chair Jagtiani asked staff to clarify the parking numbers. Staff stated that they will look into it and get back to the Commission.

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Commissioner Bronitsky asked for clarifications on the requirement for a Use Permit (UP).

Director Subhashini confirmed that the UP is required for the u se and building itself.

Commissioner Bronitsky asked about traffic monitoring methods for a project that is close to other developments that also generate high trips such as Gilead Sciences Inc. Ms. Allen clarified that it would not be monitoring trips but would be mo nitoring the ins and outs to and from the building or it could also be a survey of employees on campus. Director Subhashini also noted that the City has a contract with StreetL ight data and that could also be a method to capture traffic data on an on-going basis.

Parking Consultant from Dyett & Bhatia responded to Vice Chair Jagtiani’s parking question and stated that the analysis used 95% building occupan cy and that is how 207 spaces was derived. Monitoring for parking in the future would include a parking space count.

Commissioner Haddad stated that the Transportation Demand Manag ement (TDM), Environmental Impact Report (EIR), and other reports are good baselines to use for what use would be good for this property but would like more conside ration to the end project.

Commissioner Haddad asked if parking reduction percentage could be increased in order to lower the number of overall required parking spaces for the applicant to have capacity to increase the size of each parking space to improve functiona lity. Director Subhashini stated that adding more parking reduction may require a full redesign for staff review and staff would not recommend that at this point. Furthermore, the applicant has heard the comments and if staff deem function of the project is inadequat e during operation of the project, staff may request the project to come back for review. Both Director Subhashini and Assistant City Attorney Denise Bazzano recommended to not incorporate this change or condition at this time.

Chair Adams asked if the reference of BioMarin and Genentech as examples for TDM operation examples in the report is comparable to this site as those other projects have other public transit close by and would that be a good reference to recommend to the City Council. Ms. Allen stated that staff stands behind the work tha t we have presented to the Planning Commissioner and continue with our recommendations. Staff is comfortable that this report along with the robust TDM plan have been peer reviewed, meets CEQA, meets the standards under City’s and County’s standards, and is consi stent with projects in the vicinity. Ms. Allen stated that staff understands Planning Commission concerns as it is not a one-to-one comparison, but as part of the overall information and analysis that has been presented, staff considers it adequate to the standards, policies, and codes that the project is required to be analyzed under.

Vice Chair Adams asked staff to update the transportation and t ransit facility map in the EIR to be a more accurate map. Ms. Allen concurred that yes, th is could be added to the staff report to Council and Director Subhashini added that all comments and materials presented here today would also be part of the City Council package.

Vice Chair Adams asked to clarify when did the boardwalk at Leo Ryan become a Class 1 bike path and why is it not in the General Plan transportation map. Mr. Goyne responded that there was another citywide bicycle assessment that was completed after the adoption of the General Plan in 2017 or 2018. At the time of the reassessment, the condition of that boardwalk does enable residents to walk and bike through the area and therefore meeting the classification of a Class I and that is why this pathway has been shown in other studies since that time as well. Director Subhashini also mentioned that there have also been land use changes since the adoption of the General Plan in 2016 and staff would make these edits in the next full General Plan update.

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Chair Adams stated that this boardwalk should not be a Class I bike path and requested that should the project go forward, these figures and maps shou ld be updated to reflect the conditions.

Chair Adams opened the public hearing and the applicant representative Steve Dune with Steelwave presented about the project. Another applicant repres entative Ben Yu explained the history of the project, public hearings it has go ne through, why commercial uses is not feasible on this site, and the contribution the cur rent proposal would have to the City.

Ms. Allen followed up on unanswered questions that was asked by the Commissioners earlier pertaining to the ingress/egress and confirmed that the EIR has a mitigation measure to be revised at the building permit stage to revise th e ingress/egress to be consistent.

Public comment period was opened.

Three comments were made via Zoom by Doug Chesshire, Alfonso, a nd Rene.

Mr. Chesshire stated that he is a field representative for Carpenter Local 217 in San Mateo and he opposes the proposed project. He stated the project fail s to address responsible development by not selecting a responsible union general contra ctor, the applicant is not invested in this community. He stated that the project of this scope should invest in the community and have community benefits such as providing paths f or local workforce to enter the industry through apprenticeship, to provide local workforce with health care, and to lower carbon footprint by using local labor.

Alfonso is part of the Carpenter Union Local 217 and opposed to the project. He stated that the project applicant has committed to using non-union general contractors and it will create a snowball effect to exclude union general contractors. He stated that this exclusion will exclude fair labor standards. He also described his experience with the union and how it has benefited him as community member, including allowing him to have health care.

Rene stated that he is a carpenter out of San Mateo County and believes in three items that would be beneficial to Foster City. He stated those three items are use of apprenticeship program which requires training for all workers to perform the work safety, health care for all workers and local hires. He stated that for those reasons, he is opposed to the proposed project due to personal experience that the app licant will likely use non- responsible general contractors He stated that this will not br ing jobs that would benefit the community and inadvertently allow the reduction in workers’ pay, eliminate their health care, and could lead to tax fraud. The public commenter encouraged to not let this practice continue and to keep the interest of the people and community i n mind when approving plans to develop this City.

Chair Adams closed the public hearing and moved to Planning Commission Deliberation.

Commissioner Haddad stated that the project is appropriate for City and the proposed Life Science is appropriate for a single use commercial. He stated that he has reviewed all the reports and parking could continue to use improvements. He requested the applicant apply for further parking reduction to allow for the opportunity to increase the size of each space on site for better functionality. He provided the example that the parking garage for the project utilized the universal compact space of eight feet and that could be difficult for functionality inside a parking garage with everything else in t he parking garage already.

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experience difficulty with parking overall. He mentioned that s ince this type of use could have fewer employees, there could be opportunity to reduce park ing further and encouraged the applicant to explore a larger parking reduction.

Commissioner Bronitsky thanked the staff and disclosed that he used to represent a client that may have been involved with SteelWave but has not been rep resenting them since the1990s. Commission Bronitsky clarified that his upcoming comments are not toward the applicant specifically, but it is his opinion and in the best interest for the City of Foster City.

Commissioner Bronitsky summarized his experiences as a Planning Commissioner, City Councilmember, and as a practicing attorney. He stated that as part of the City Council in 2010, the intent was to apply or adopt prevailing wage or local hire to any discretionary actions such as rezonings. Since then, there were projects that have followed that. He expressed that fair and prevailing wages are important. While staff’s memorandum stated that the City cannot apply prevailing wages as conditions, he will defer this decision to the City Council and advised that the City Council does apply it.

Pertaining to traffic, Commissioner Bronitsky stated that back i n 2 0 0 6 , a s t u d y w a s completed and Caltrain was going to install a second lane onto 92 which did not happen.

However, that is irrelevant under the current condition as the traffic is not there.

Commissioner Bronitsky described his observations of where traf fic is currently experienced in the City and stated that those are not from the residents of the City. He stated that the traffic is experienced in those areas where similar uses, such as this project, are. He also stated that while other uses may have a work from home option, biotech companies and laboratories may be inflexible to that model and therefore, this project will exacerbate the traffic in this area due to the project not havi ng a mixed used with residential component.

Commissioner Bronitsky mentioned that restaurants can be viable and it depends on the type of restaurant. Commissioner Bronitsky also stated while ot her areas have issues for housing bringing traffic, this City has the issue of these type of uses, as proposed by the applicant, bringing traffic. He mentioned that these jobs are c reating problems for this community and may not be beneficial to the City in the long run.

Vice Chair Jagtiani thanked the staff and applicant. Vice Chair Jagtiani stated that some of his own concerns are the same ones as Commissioner Bronitsky . He mentioned that he is not convinced by the parking and feasibility studies. He also stated that the feasibility study was only for a stand-alone restaurant and did not explore a scenario where it could be a restaurant and a life science building and encouraged this to be added to the study.

Vice Chair Jagtiani stated that the project could be a standalone life science building, but could also be a combination of both restaurant and life science.

Chair Adams reiterated his agreement with Commissioner Bronitsk y on prevailing wages and shared his personal experiences of coming from a family of union labors. Chair Adams stated that he is extremely concerned with loss of public amenity such as restaurants and is only in favor of the project if this a combination use rathe r than a singular use. Chair Adams also stated that the project has not changed substantivel y since the first study session, including studies such as TDM. Further, when it comes to these studies, he is concerned that there has been a change in opinion from the same consulting firm, that there has been a change on that intersection between 2015 to no w, where it has been specifically laid out; this has not been fully captured in the evidence that was provided and is only a verbal description that is not adequate. Chair Adams stated that it is important to understand how this all affects the City overall and not focus on this intersection. He concurred that the proposed use would be economically successfu l and does not need a DocuSign Envelope ID: 37CE560C-BA73-485F-89B0-A628BC6F3CCA 297

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fiscal analysis on that matter to verify that. However, removin g the restaurant would be removing a community benefit.

Chair Adams stated that he feels many of the Commissioner’s que stions were on other factors and those have been ignored by the applicant. Chair Ada ms concurred with Vice Chair Jagtiani that the feasibility study only focused on single restaurant use and not a mix of uses.

Chair Adams mentioned that there will be more people in the are a as new residential developments are being proposed and built in San Mateo. He ackn owledged that a restaurant cannot compete on the open market with biotech land value and thus, land use becomes how we preserve the uses that we want even if it is not as profitable in the open market. He concluded that this project would make the City more homogenous and that is not consistent with the General Plan goals.

Chair Adams also mentioned that the last approval by the Planni ng Commission was a food court that provides diversity. He mentioned his observations of a long wait for food in existing restaurants across the street from this project site a nd therefore is unconvinced that demand for a restaurant is not there. He mentioned that ot her communities have biotech with successful restaurants serving the community. He m entioned that some smaller use or public amenities that could be incorporated into this building, it could, but for a lack of vision. He reiterated that any land use change to this site must include some public benefits and strongly considering disallowing a land use change here as a strong alert to the City Council. Chair Adams concluded that this proj ect does not align with the policies set out in the General Plan or as spelled out in the staff’s resolutions. Chair Adams prepared specific findings and would want to send them to staff.

Assistant City Attorney Bazzano confirmed that based on the deliberations of the Planning Commissioners, it appeared that the majority of the Commissione rs would not approve the use permit and asked for clarity on if the denial would be for all three resolutions or only the use permit.

Chair Adams stated that the EIR passes the rule of adequacy and asked if other commissioners agree. The rest of the commissioners agreed with approving the EIR.

Chair Adams objected to the resolutions for the rezoning and th e use permit.

Commissioner Bronitsky motioned to approve the Resolution to re commend to City Council an approval of the Environmental Impact Report and asso ciated Mitigation Monitoring and Reporting Program (EA2021-0001), seconded by Commissioner Haddad, carried by roll call vote, passed 4-0-0-1 (Yes: Bronitsky, Adam s, Jagtiani, and Haddad,

Absent: Venkat).

Commissioner Bronitsky motioned to deny the Resolution to City Council recommending approval of the amendment to modify previously approved General Development Plan to allow for the Use Permit (RZ2021-0003). The motion was seconded by Vice Chair Jagtiani.

Assistant City Attorney Bazzano encouraged the Planning Commission to verbally add to the record reasons for denial. Assistant City Attorney Bazzano suggested if maker of motion (Commissioner Bronitsky) and the seconder (Vice Chair Ja gtiani) would withdraw the motion, then Chair Adams could read the findings for denial into the record for the rest of the Commission to hear and discuss those reasons. Then the C ommission could continue the item and direct staff to provide a denial Resolution consistent with the findings made here today for approval at the next meeting.

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Commissioner Bronitsky declined amending or withdrawing his mot ion and reiterated his original motion to deny the Resolution to City Council recommen ding approval of the amendment to modify previously approved General Development Plan to allow for the Use Permit (RZ2021-0003). This was re-seconded by Vice Chair Jagtia ni, and carried by roll call vote, passed 3-1-0-1 (Yes: Bronitsky, Adams, and Jagtiani, No: Haddad, Absent:

Venkat).

Commissioner Bronitsky motioned to deny the Resolution to appro ve the Specific Development Plan/Use Permit for the 124,395 square-foot researc h and development office use (UP2021-0023). The motion was seconded by Vice Chair Jagtiani, and carried by roll call vote, passed 3-1-0-1 (Yes: Bronitsky, Adams and Jagtiani, No: Haddad, Absent:

Venkat).

6. NEW PUBLIC HEARING

1. None

7. OLD BUSINESS

1. None

9. STUDY SESSION

1. None

10. COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR REPORT

1. Director Marlene Subhashini congratulated Chair Adams and we lcomed City Manager Chatwin. Director Subhashini reiterated that there are staff changes, as communicated via email to the Commissioners previously, and that the department will continue to actively recruit for the vacant positions.

11. STATEMENTS AND REQUESTS FROM THE COMMISSIONERS

1. Commissioner Bronitsky congratulated the new appointees on t he Commission, thanked the applicants, and thanked staff for the hard work. Vice Chair Jagtiani also echoed Commissioner’s Bronitsky appreciation for staff and applicant. Chair Adams welcomed Commissioner Venkat onto the board, congratulated and thanked staff on all the hard work throughout the process, and thanked the team that the family de ntal project has broken ground.

12. ADJOURNMENT

Adjourned at 8:52 pm.

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PLANNING COMMISSION MINUTES JULY 7, 2022
PASSED AND ADOPTED by the Planni ng Commission of the City of Foster City at a Regular Meeting thereof held on August 4, 2022 by the following vote:

AYES, COMMISSIONERS: Bronitsky, Haddad, Jagtiani, Venkat and Chairman Adams

NOES, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS:

_________________________
EVAN A. ADAMS, CHAIRMAN

ATTEST:

________________________________

MARLENE SUBHASHINI, SECRETARY

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RESOLUTION NO. P- 11 -22

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY

RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF THE FINAL

ENVIRONMENTAL IMPACT REPORT (EIR) AND ADOPTION OF THE FINDINGS AND

STANDARD CONDITIONS OF APPROVAL AND MITIGATION MONITORING AND

REPORTING PROGRAM (SCAMMRP) UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) FOR CONSTRUCTION OF A FOUR-STORY, APPROXIMATELY 124,395 SQUARE-FOOT RESEARCH AND DEVELOPMENT (R&D) OFFICE BUILDING LOCATED AT 388 VINTAGE PARK DRIVE – NEIGHBORHOOD VP – W-SW 388 OWNER IX L.P. C/O STEELWAVE CDS, LLC – APN 094-901-270 – EA2021-0001

CITY OF FOSTER CITY PLANNING COMMISSION
WHEREAS, DES Architects + Engineers, as project applicant, on behalf of the property owner, Steelwave CDS, LLC., seeks to develop a new approximately 124,395-square-foot, four- story Research and Development (R&D) office building including 210 parking spaces located at 388 Vintage Park Drive at the northwest corner of Vintage Park Drive and Chess Drive (APN 094- 901-270) in the Vintage Park neighborhood; and
WHEREAS, the project will require the following entitlements: a General Development Plan/Rezoning (filed as RZ2021-0003) amending the Vintage Park General Development Plan listing the development parameters for the site, including allowable land use, approximate building height and square footage, and number of parking spaces, among other standards; and a Use Permit/Specific Development Plan (filed as UP2021-0023); and WHEREAS, on January 19, 2021, a City Council Development Project Preliminary Review meeting was held to introduce the proposed project to the City Council and public and to receive feedback prior to initiating the entitlement process; and WHEREAS, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, has prepared an Environmental Impact Report (“EIR”) (SCH #2021070398) Standards Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP), and CEQA Findings, which, combined, adequately analyze the environmental impacts of the proposed Project and mitigate the potential environmental impacts such that they are reduced to levels below established thresholds of significance (EA2021-0001); and
WHEREAS, a Notice of Preparation (NOP) of an EIR for the project was prepared and circulated for the required 30-day public review period commencing on July 21, 2021 and ending on August 19, 2021; and
WHEREAS, proposed plans for the Project were presented to the Planning Commission at two (2) public study sessions (August 12, 2021 and November 18, WHEREAS, on August 12, 2021, a Public Scoping Session to solicit feedback on the scope and content of the environmental topics to be included in the EIR was held in conjunction with the Planning Commission meeting; and
WHEREAS, a Draft EIR (December 2021) was prepared by LSA Associates, Inc. and circulated by the City for the required 45-day public review period commencing on December 17, Attachment 3
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Resolution No. P- 11 -22 EA2021-0001 2021 and ending on January 31, 2022. Comments were received by one property owner during the 45-day public review period; and WHEREAS, on December 17, 2021, the City transmitted for filing a Notice of Completion (NOC) of the Draft EIR and, in accordance with the requirements of CEQA and provisions of the State CEQA Guidelines, forwarded the Draft EIR to the State Clearinghouse for distribution to those State agencies having discretionary approval of, or jurisdiction by law over, natural resources affected by the Project; and WHEREAS, the City provided notice to all interested persons and agencies inviting comments on the Draft EIR in accordance with the provisions of CEQA, the State CEQA Guidelines and the City of Foster City Environmental Review Guidelines; and WHEREAS, on January 25, 2022, a noticed Public Hearing was held to receive comments on the adequacy of the Draft EIR. Comments were received by one property owner prior to the Public Hearing; and WHEREAS, a Final Response to Comments Memorandum was prepared by LSA WHEREAS, a Notice of Public Hearing was duly posted for consideration of the Final EIR (consisting of the Draft EIR and Response to Comments document) dated March 1, 2022 including consideration of the Standard Conditions of Approval and Mitigation and Monitoring Program (SCAMMRP) dated February 2022 and Statement of Findings under the California Environmental Quality Act (CEQA Findings) at the Planning Commission meeting on April 7, 2022. On April 7, 2022, the Planning Commission continued the item to May 5, 2022. On May 5, 2022, the Planning Commission continued the item for staff to research and provide clarifications on prevailing wages efforts, Transportation Demand Management (TDM) effectiveness, and transportation effects. On July 7, 2022, the Public Hearing was opened, held and closed; and WHEREAS, the City of Foster City Planning Commission has reviewed and considered the proposed project, all written correspondence, verbal testimony, staff reports, and supporting documents and reports prepared, and the information contained in the Final EIR; and WHEREAS, copies of the Final EIR and other documents and materials which constitute the records of the proceedings upon which this decision is based are available for public review on the City of Foster City website and from the custodian of these records, namely, the Community Development Department, located at City Hall, 610 Foster City Boulevard, Foster City; and WHEREAS, a lead agency must adopt a Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) for changes to a project that it adopts or makes a condition of project approval in order to ensure compliance with the measures during project implementation; and WHEREAS, the SCAMMRP set for in the attached Exhibit A, which is incorporated herein by reference, accurately reflects the mitigation measures contained in the Final EIR. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on the facts and analysis in the Final EIR, all written and oral testimony, and evidence submitted in connection with the Final EIR and exhibits, finds and recommends that the City Council find that:
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Resolution No. P- 11 -22 EA2021-0001 1. The Final EIR, including documents incorporated by reference, including the information contained therein prior to adoption of this Resolution, has been reviewed and considered by the Planning Commission; and 2. The Final EIR has been completed in accordance with CEQA, the State CEQA Guidelines, and the City of Foster City Environmental Review Guidelines; and3. The Final EIR adequately describes the environmental impacts of the proposed project; and4.The Final EIR reflects the City’s independent judgement and analysis.NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City does hereby recommend that the City Council certify the Final EIR prepared by LSA Associates, Inc. as complete and adequate and approve: 1) the Statement of Findings under the CEQA Findings; and 2) the Standard Conditions and Mitigation Monitoring and Reporting Program (SCAMMRP). PASSED AND ADOPTED as a Resolution of the Planning Commission at a Regular Meeting held on July 7, 2022, by the following vote: AYES, COMMISSIONERS: Bronitsky, Haddad, Jagtiani and Chairman Adams NOES, COMMISSIONERS: ABSTAIN, COMMISSIONERS: ABSENT, COMMISSIONERS: Venkat _____________________________ EVAN A. ADAMS, CHAIRMAN ATTEST: ________________________________ MARLENE SUBHASHINI, SECRETARY 303
Resolution No. P- 11 -22 EA2021-0001 EXHIBIT A 388 VINTAGE PARK DRIVE USE PERMIT CONDITIONS OF APPROVAL Conditions attached to approval of EA2021-0001 by the Planning Commission on July 7, 2022 TABLE OF CONTENTS 1.0 GENERAL – APPLICABLE TO ALL 2.0 PRIOR TO ISSUANCE OF ANY PERMIT 3.0 PRIOR TO DEMOLITION PERMIT 4.0 PRIOR TO GRADING AND DRAINAGE 5.0 PRIOR TO UNDERGROUND UTILITIES 6.0 PRIOR TO STRUCTURAL AND ARCHITECTURAL SHELL 7.0 PRIOR TO TENANT IMPROVEMENTS 8.0 PRIOR TO LANDSCAPE AND FLATWORK 9.0 GENERAL CONSTRUCTION PRACTICES 10.0 PRIOR TO OCCUPANCY 11.0 OPERATIONAL REQUIREMENTS BOLD: INDICATES SITE SPECIFIC CONDITION 304
Resolution No. P- 11 -22 EA2021-0001 1.0 GENERAL1.1 The following conditions shall be met prior to the issuance of a building permit except as otherwise specified. Any questions pertaining to these conditions should be directed to the City department indicated. (BD = Building Inspection Division, CBO = Chief Building Official, CC = City Council, CDD = Community Development Director, CE = City Engineer, E/PW = Engineering/Public Works, FIRE = Fire, P/R = Parks and Recreation, PC = Planning Commission and POL = Police). 1.2 The project shall be built according to plans approved by the Planning Commission on July 7, 2022, labeled 388 Vintage Park, sheets A1-1through LT2, prepared by DES Architects and Engineers and dated February 10, 2022.Any modification to the project shall require Planning Commission or Community Development Director review and approval. The Community Development Director shall have the authority to approve minor changes. Once constructed or installed, all improvements shall be maintained in accordance with the approved plans. Any changes which affect the exterior character of the work, including minor changes to materials and colors, shall be resubmitted for approval. The construction or placement of unapproved features or unapproved changes to buildings or structures which were a part of approved plans can and will result in the issuance of a “Stop Work Order” by the City, the need to revise plans and obtain City approval for all changes prior to recommending work, and the possibility of penalty fees being assessed for unauthorized work. (CDD) 1.3 The project approval shall expire two years from the date of approval on July 7, 2024. No extensions of the Use Permit shall be considered or granted except that Use Permits issued in conjunction with a Tentative Subdivision Map for a planned unit development shall expire no sooner than the approved Tentative Map, or any extension thereof, whichever occurs later (Municipal Code Section 17.06.180). (CDD) 1.4 This Use Permit may be modified by the implementation of new or revised conditions when, in the judgment of the Planning Commission, imposition of such new or revised conditions is essential in order to address a violation of the Foster City Municipal Code or EMID Code to protect the public health, safety, morals, or general welfare. (PC) 1.5 Before commencing any work in the City's right-of-way (including trenching of complete streets), the applicant shall obtain an encroachment permit, posting the required bonds and insurance. The Engineering Division may require that trenchless methods be used for crossings and connections under streets. (E/PW) 1.6 Bonds: Prior to issuance of a building permit, all required bonds shall be submitted and all required fees shall be paid to the City/District as follows:
305
Resolution No. P- 11 -22 EA2021-0001 1.6.1 Public Improvements (utilities & streets) that are part of the Development Applicant shall provide suitable securities acceptable to the City in the amount of 100% (performance), 100% (labor and material) and a 50% (one-year warranty) bond. The performance bond and the labor and material bonds shall be released upon satisfactory completion of improvements. The warranty bond will be released when requested by the owner after one year and upon completion of warranty inspection and necessary repairs. Applicant shall provide a document verifying the cost of the public improvements to the satisfaction of the Engineering Division. (E/PW) 1.6.2 Private Site Improvements Applicant shall provide suitable securities acceptable to the City in the amount of 100% (performance), 100% (labor and material) and 50% (one-year warranty) bond. The performance bond and the labor and material bonds shall be released upon satisfactory completion of improvements. The warranty bond will be released when requested by the owner and upon completion of warranty inspection and necessary repairs. Applicant shall provide a document verifying the cost of the private improvements to the satisfaction of the Community Development Department. (CDD) 1.6.3 Landscaping Installation and Maintenance Costs Applicant shall provide suitable securities acceptable to the City, in the amount of 100% (performance), 100% (labor and material), and a 50% (maintenance) of all landscaping installation and maintenance costs guaranteeing the installation of landscaping and related site improvements and maintenance costs for the 12-month period following installation and acceptance. The performance bond and the labor and material bonds shall be released upon satisfactory completion of improvements. The warranty bond will be released when requested by the owner and upon completion of warranty inspection and necessary repairs. Applicant shall provide a document verifying the cost of both landscape installation and landscape maintenance for 12 months (one copy to the Engineering Division and one copy to the Community Development Department). (CDD) 1.7 Fees: Prior to or at the time of submittal of design drawings for review, an itemized estimate of the cost of construction of all public and/or site improvements must be submitted for review and approval. The approved estimate will be used for determining the amount required to cover incurred costs for engineering review, plan checking, contract administration, inspection, and testing by the Public Works Department. The minimum deposit 306
Resolution No. P- 11 -22 EA2021-0001 amount required is 6percent of the estimated cost for the public and/or site improvements, or $20,000, as determined by the Engineering Division. The deposit must be renewed upon demand, to maintain a minimum balance of $4,000. All costs of plan checking, inspection, and contract administration by the Public Works Department will be charged against this deposit. At any time that the deposit is depleted below a balance of $2,000, plan checking/inspections will stop until the balance has been renewed to above $4,000. The unused balance of the deposit will be returned to the applicant upon completion of the work. (E/PW) 1.8 Prior to the issuance of a building permit, the applicant shall enter into an agreement with the City which shall outline terms, conditions, and amount of revenue that is required to be paid to the City in order to offset the fiscal impacts and costs of the project due to increased traffic within the City caused by or because of the project. Such agreement shall specify the type, location, and cost of traffic-related road improvements named to be the responsibility of the applicant and shall be satisfactory in form and content to the City Attorney and as approved by the City Council. (CDD, E/PW) 1.9 Applicant shall perform a traffic analysis, queuing analysis, of the traffic impacts of the project. Resultant modifications may include but not be limited to modifications of existing medians, easement acquisition, and permit acquisition from other jurisdictions. Modifications on Chess Drive shall not restrict the existing allowed turning movements and shall meet all safety and traffic warrants and requirements. The cost of any necessary improvements shall be borne by the applicant and all improvements are subject to the approval of the City Engineer. (E/PW) 1.10 The applicant shall perform outreach to adjacent property owners and businesses impacted by any median improvements. (E/PW) 1.11 The project applicant and/or owner shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless City/Estero Municipal Improvement District Parties, from and against, any and all Claims arising directly or indirectly from the project. 1.12 Pursuant to Section 66020 of the California Government Code, the applicant shall have 90 days from date of project approval, or 90 days from the date of the imposition of the fees, dedications, reservations or other exactions to be imposed on a development project, to protest any fees, dedications, reservations or other exactions. 1.13 All sanitary sewer improvements are to be constructed to the satisfaction of the Engineering Division. (E/PW) 1.14 All stormwater improvements shall be constructed to the satisfaction of the 307
Resolution No. P- 11 -22 EA2021-0001 Engineering Division. (E/PW) 1.15 All fire safety improvements shall be constructed to the satisfaction of the San Mateo Consolidated Fire Department. (FIRE) 1.16 Notwithstanding any depictions or statements in the project application or drawings, the project shall be subject to the California Building Standards (Title 24 of the California Code of Regulations) as adopted and amended by the City of Foster City and the San Mateo Consolidated Fire Department, in effect as of the date of application for building permit. (BD) 1.17. All applicable Mitigation Measures required in the “388 Vintage Park Drive Project” Environmental Impact Report and the Mitigation Monitoring and Reporting Program (MMRP) recommended by the Planning Commission for approval by the City approved by the City Council by Resolution shall at all times be in use and adhered to pursuant to Exhibit B attached hereto and incorporated herein. Once certified by the City Council, the “388 Vintage Park Drive Project” EIR and MMRP shall become binding on the project. 1.18 The applicant shall submit a separate Sign Use Permit for review and approval by the Planning Division for all exterior Building Identification signs. (CDD) 1.19 The Applicant (or the project sponsor) shall pay the Affordable Housing Commercial Linkage Fee per Municipal Code Chapter 17.88 as well as all development impact fees in effect at the time of building permit issuance. The amount of impact fees to be paid shall be those in effect at the time of payment of such fees. (CDD) 1.20 The proposed building shall include energy efficient components and design features to achieve Leadership in Energy and Environmental Design (LEED) silver equivalence or a standard that is deemed to be equivalent to the LEED Silver standards (“Alternate Green Building Standards”). Specifically, measures to achieve this standard shall include but not be limited to the use of exterior Low E glazing to respond to solar exposure, low flow indoor water fixtures, advanced water and energy metering, infrastructure for electric vehicle (EV) charging, and enhanced indoor air quality strategies including advanced ventilation. Prior to issuance of any building permit, a letter shall be submitted to the City, verifying third-party certification, by a qualified professional, of the building’s Leadership in Energy and Environmental Design (LEED) Silver rating or an equivalent green building rating by the Green Building Certification Institute. (CDD, BD) 308
Resolution No. P- 11 -22 EA2021-0001 2.0 PRIOR TO ISSUANCE OF ANY PERMIT 2.1 Prior to issuance of any building permits, one (1) complete set of construction plan drawings in electronic format shall be submitted to the Building Division. All Use Permit conditions of approval shall be included on plan sheet(s) in the drawing set. (BD) 2.2 One (1) set in electronic format and one (1) set in printed format of a site specific, design level, fault zone geotechnical report satisfactory to the Chief Building Official, including one electronic or pdf version, shall be submitted for review and approval to the Building Division and contain design recommendations for grading, footings, retaining walls, and provisions for anticipated differential settlement for each construction site within the project area. Specifically: Each investigation shall include an analysis of expected ground motions at the site identified faults. The analysis shall be in accordance with applicable City ordinances and policies, and consistent with the most recent version of the California Building Code, which requires structural design that can accommodate ground accelerations expected from identified faults. The analysis presented in the geotechnical investigation report shall provide recommendations to minimize seismic damage to structures from total and differential settlements and to protect steel and concrete (and any other material that may be placed in the subsurface) from long-term deterioration caused by contact with corrosive on-site soils. All design measures, recommendations, design criteria, and specifications set forth in the final geotechnical investigation report shall be implemented. The investigations shall determine final design parameters for the walls, foundations, foundation slabs, surrounding related improvements, and infrastructure (utilities, roadways, parking lots and sidewalks). The investigations shall be reviewed and approved by a registered geotechnical engineer. All recommendations by the project engineer, geotechnical engineer, shall be included in the final design, as approved by the City of Foster City. The geotechnical report shall include a map prepared by a land surveyor or civil engineer that shows all field work and location of the “No Build” zone. The map shall include a statement that the locations and limitations of the geologic features are accurate representations of said features as they exist on the ground, were placed on this map by the surveyor, the civil engineer or under their supervision, and are accurate to the best of their knowledge. The geotechnical report for the project shall include evaluation of fixtures, furnishings, and fasteners with the intent of minimizing collateral injuries to building occupants from falling fixtures or furnishings during the course of a violent seismic event. Recommendations that are applicable to foundation design, earthwork, and site preparation that were prepared prior to or during the projects design phase, shall be incorporated in the project. Final seismic considerations for the site shall be submitted to and approved by the Building Division prior to commencement of the project. If deemed necessary by the Chief Building Official, a peer review may be required for the geotechnical report. Personnel reviewing the geologic report shall approve the report, reject it, or withhold approval pending the submission by the applicant or subdivider of further geologic and engineering studies to more adequately define active fault traces. 309
Resolution No. P- 11 -22 EA2021-0001 A licensed geotechnical engineer or their representatives shall be retained to provide geotechnical observation and testing during all earthwork and foundation construction activities. The geotechnical engineer shall be allowed to evaluate any conditions differing from those encountered during the geotechnical investigation and shall provide supplemental recommendations, as necessary. At the end of construction, the geotechnical engineer shall provide a letter regarding contractor compliance with project plans and specifications and with the recommendations of the final geotechnical investigation report and any supplemental recommendations issued during construction. The letter shall be submitted for review to the Building Division. In locations underlain by Bay Mud and/or non-engineered fill, the designers of proposed building foundations and improvements (including sidewalks, roads, driveways, parking areas, and utilities) shall consider these conditions. The design-level geotechnical investigation shall include measures to ensure potential damage related to compressible materials or soils and non-uniformly compacted fill are minimized. Mitigation options may range from removal of the problematic soils, and replacement, as needed, with properly conditioned and compacted fill to design and construction of improvements to withstand the forces exerted during the expected settlements. All mitigation measures, design criteria, and specifications set forth in the site-specific design-level geotechnical report, and the City of Foster City Building Department standards shall be followed to reduce impacts associated with problematic soils to a less-than-significant level. In locations underlain by expansive soils the designers and engineers of proposed building foundations and improvements (including piles, sidewalks, roads, driveways, parking areas, and utilities) shall consider the site’s potential to be underlain by soils with high shrink-swell potential. A site-specific design-level geotechnical investigation, prepared by a licensed professional, shall include measures to ensure potential damage related to expansive soils and non-uniformly compacted fill and engineered fill are minimized. Mitigation options may range from removal of the problematic soils, and replacement, as needed, with properly conditioned and compacted fill to design and construc-tion of improvements to withstand the forces exerted during the expected shrink-swell cycles and settlements. All design criteria and specifications set forth in the design-level geotechnical investigation shall be implemented to reduce impacts associated with problematic soils. The final geotechnical investigation report shall provide recommendations to minimize the potential damage to structures from total and differential settlement and to protect steel and concrete (and any other material that may be placed in the subsurface) from long-term deterioration caused by contact with corrosive on-site soils. All design measures, recommendations, design criteria, and specifications set forth in the final geotechnical investigation report shall be implemented. The final geotechnical investigation report shall provide recommendations to minimize the potential damage to utilities and flatwork due to settlement. Analysis and investigation shall include, but not be limited to, historic, and proposed grade changes, sensitivity to new loading, increased densities due to over-excavation and re-compaction, secondary compression, and induced settlement within the building area in the evaluation of the potential range of future settlements, and the need for special measures such as flexible utility 310
Resolution No. P- 11 -22 EA2021-0001 connections, hanging underslab utilities, hinges slabs at building/flatwork transitions, etc. (BD) 2.3 The applicant shall provide a Waste Management Plan for all aspects of construction from start to finish with estimated quantities of debris expected to be generated by the project, how it will be recycled/disposed of, and an accompanying deposit in accordance with Chapter 15.44 of the Foster City Municipal Code and California Green Building Code. A separate Waste Management Plan will be required for projects that require Demolition (see Section 3.0). (E/PW, BD) 2.4 Prior to issuance of a building permit, the Construction Best Management Practices (BMPs) from the San Mateo Countywide Stormwater Pollution Prevention Program shall be included as notes on the building permit drawings. (BD, E/PW) 2.5 Prior to the commencement of any work, the general contractor shall: a) Along with the project applicant, attend a pre-construction meeting with the Community Development Director, Chief Building Official and other departments the Community Development Director invites to discuss the project conditions of approval, working hours, site maintenance and other construction matters; and b) Acknowledge in writing that they have read and understand the project conditions of approval, particularly those pertaining to construction practices and site safety, and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. (CDD, BD) 2.6 The construction contractor shall designate a “noise disturbance coordinator” who shall be responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaints (e.g., beginning work too early, bad muffler) and institute reasonable measures warranted to correct the problem. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site. The construction contractor shall protect all downstream sanitary sewer lines from construction debris while performing sanitary sewer construction. Means to prevent construction debris must be used and shall be inspected by the construction inspector. (BD) 2.7 Prior to commencement of any site work or the introduction of any earth moving equipment or building materials onto the site, the applicant shall insure that a temporary 6 (six) foot tall chain-link fence (no portion of which contains barbed wire) with a dark green (or other color approved by the Community Development Director) vinyl or canvas interior liner placed on the exterior of the fence shall be placed around any yard or any portion of a yard which the Chief Building Official shall identify as requiring such. This fence shall be in place as approved until the 311
Resolution No. P- 11 -22 EA2021-0001 Chief Building Official shall allow it to be removed or changed. The fence may only be expanded or contracted in size upon approval of the Chief Building Official. Failure to adhere to this condition of approval shall result in the permit being brought to the Planning Commission for its review and introduction of stricter site and building construction regulations. The gate to the fence shall be locked at all times that the fenced area is left unattended by either the owner or resident, the contractor or subcontractors. All construction materials and equipment, including temporary or portable equipment, such as generators, storage containers or facilities, shall be stored within the interior of the fenced area when construction activities are not occurring. If placed anywhere on site, portable toilets shall be placed within the interior of the fenced area at all times. (CBO, CDD) 2.8 Prior to commencement of any site work or placement of any construction trailers, the applicant shall submit a Site Logistics Plan showing proposed haul routes, placement of the construction trailers (if any) and areas for materials/equipment materials/equipment delivery, materials/equipment storage, waste collection and maintenance/fueling of vehicles/equipment. The Site Logistics Plan shall be subject to approval by the Community Development Director. The Site Logistics Plan designated storage areas for material delivery, storage, and waste collection shall be as far away from catch basins, gutters, drainage courses, and water bodies as possible. All hazardous materials and wastes used or generated during project site development activities shall be labeled and stored in accordance with applicable local, state, and federal regulations. In addition, an accurate up-to-date inventory, including Material Safety Data Sheets, shall be maintained on-site to assist emergency response personnel in the event of a hazardous materials incident. The Site Logistics Plan designated area for all maintenance and fueling of vehicles and equipment shall be bermed or over a drip pan that will not allow run-off of spills. Vehicles and equipment shall be regularly checked and have leaks repaired promptly at an off-site location. Secondary containment shall be used to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured. The Site Logistics Plan shall locate equipment staging in areas that will create the greatest possible distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction. (CDD, BD, FIRE) 2.9 The contractor shall prepare a Waste Disposal and Hazardous Materials Transportation Plan prior to construction activities where hazardous materials or materials requiring off-site disposal would be generated. The Plan shall include a description of analytical methods for characterizing wastes, handling methods required to minimize the potential for exposure, and shall establish procedures for the safe storage of contaminated materials, stockpiling of soils, and storage of dewatered groundwater. The required disposal method for contaminated materials (including any lead-based paint, asbestos, or other hazardous building materials requiring disposal, see SCOA 9.25, below), the approved disposal site, and specific routes used for transport of wastes to and from the project site shall be 312
Resolution No. P- 11 -22 EA2021-0001 indicated. The Plan shall be prepared prior to demolition or development activities and submitted to the City. (E/PW, BD, FIRE) 2.10 Within sixty (60) days following the completion of the demolition phase of a covered project, and again within sixty (60) days following the completion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates compliance with Chapter 15.44 of the Foster City Municipal Code and the California Green Building Code. Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed. (BD) 2.11 Beginning July 1, 2019, applicants shall complete and submit the “PCB Screening Assessment Form” for any project requiring a demolition permit (BD, E/PW) 2.12 Hazardous materials and wastes generated during demolition activities, such as fluorescent light tubes, mercury switches, lead based paint, asbestos containing materials, and PCB wastes, and subsurface hazardous building materials generated during grading and trenching activities, such as asbestos-cement piping, shall be managed and disposed of in accordance with the applicable universal waste and hazardous waste regulations. Federal and state construction worker health and safety regulations shall apply to the removal of hazardous building materials and demolition activities, and any required worker health and safety procedures shall be incorporated into the contractor’s specifications for the project. Documentation of the surveys and abatement activities shall be provided to the City prior to the demolition of structures located at the project site. (BD, FIRE) 2.13 Prior to issuance of a building permit, any development involving one or more acres of total land area must obtain a General Permit from the State Water Resources Control Board. This permit requires the owner/developer to do the following: Submit a Notice of Intent (NOI) to the State Water Resources Control Board prior to commencement of construction activity; Copies of the NOI and the SWPPP must be submitted to the Engineering Division along with proof of compliance. (E/PW) 2.14 Prior to issuance of a building permit, the plans shall demonstrate compliance with the San Mateo Countywide Water Pollution Prevention Program, (see www.flowstobay.org including, but not limited to, submittal of checklists related to impervious surface and stormwater: C.3 and C.6 Checklist Project applicant checklist for NPDES Permit Requirements Stormwater Control Plan: Any improvements identified in the SWCP shall be constructed prior to first occupancy to the satisfaction of the Engineering Division. 313
Resolution No. P- 11 -22 EA2021-0001 (E/PW) 2.15 The applicant shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) designed to reduce potential adverse impacts to surface water quality during the construction period. The SWPPP shall be prepared by a Qualified SWPPP Practitioner (QSP). The SWPPP shall include the minimum BMPs required for the identified Risk level. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook-Construction. The SWPPP shall be designed to address the following objectives: All pollutants and their sources, including sources of sediment associated with construction activity are controlled; Where not otherwise required to be under a Regional Water Board permit, all non-stormwater discharges are identified and either eliminated, controlled, or treated; Site Best Management Practices (BMPs) are effective and result in the reduction or elimination of pollutants in stormwater discharges and authorized non-stormwater discharges from construction activity to the Best Available Technology and Best Conventional Technology (BAT/BCT) standard; and Stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. Best Management Practices (BMPs) shall be designed to mitigate construction-related pollutants and at a minimum, include the following: - Practices to minimize the contact of construction materials, equipment, and maintenance supplies (e.g., fuels, lubricants, paints, solvents, adhesives) with stormwater. The SWPPP shall specify properly-designed centralized storage areas that keep these materials out of the rain. - Reduce erosion of exposed soil which may include, but are not limited to: soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and sediment basins. The potential for erosion is generally increased if grading is performed during the rainy season because disturbed soil can be exposed to rainfall and storm runoff. - If grading must be conducted during the rainy season, the primary BMPs selected shall focus on erosion control (i.e. keeping sediment on the site). End-of-pipe sediment control measures (e.g. basins and traps) shall be used only as secondary measures. Ingress and egress from the construction site shall be carefully controlled to minimize off-site tracking of sediment. Vehicle and equipment wash-down facilities shall be designed to be accessible and functional during both dry and wet conditions. The SWPPP shall specify a monitoring program to be implemented by the construction site supervisor, and shall include both dry and wet weather inspections. In addition, in accordance with State Water Resources Control Board requirements, monitoring shall be required during the construction period for pollutants that may be present in the runoff that are “not visually detectable in runoff.” 314
Resolution No. P- 11 -22 EA2021-0001 To educate on-site personnel and maintain awareness of the importance of stormwater quality protection, site supervisors shall conduct regular tailgate meetings to discuss pollution prevention. The frequency of the meetings and required personnel attendance list shall be specified in the SWPPP. A QSD shall be responsible for implementing BMPs at the site. The QSD shall also be responsible for performing all required monitoring, and BMP inspection, maintenance and repair activities. The developer shall retain an independent monitor to conduct weekly inspections and provide written monthly reports to the Engineering Division to ensure compliance with the SWPPP. Water Board personnel, who may make unannounced site inspections, are empowered to levy considerable fines if it is determined that the SWPPP has not been properly prepared and implemented. The SWPPP shall be prepared to the satisfaction of the Engineering Division. (E/PW) 2.16 Prior to building permit issuance. The location of any common space hazardous materials storage shall be noted on the plans and if applicable a hazardous materials inventory list shall be provided. (FIRE) 2.17 Prior to commencement of work, as required by California Government Code 4216, Underground Service Alert (USA) shall be contacted by the contractor to provide information on the location of underground utilities in the public right of way prior to earth work activities at the site. In addition to contacting USA, the applicant and/or contractor shall also be responsible for verifying locations of all utilities on the project site. This shall be included as notes on the building permit drawings. (E/PW) 2.18 Prior to issuance of a building permit a pre-construction condition visual or video survey of the roadway shall be prepared for review and approval by the Engineering Division. The roadway survey shall determine the PCI (Pavement Condition Index) of the pavement/roadway adjacent to the project and along the approved construction haul routes shall be performed by an engineering firm approved by the Engineering Division. The survey shall be paid for by the project developer and shall establish a baseline PCI for the streets affected during construction. Prior video survey may be considered. (E/PW) 2.19 Prior to issuance of a building permit, a pre-construction visual survey of the condition of the existing curb, gutter, and sidewalk adjacent to the property shall be performed. The applicant shall prepare a pre-condition survey report with photos to be submitted to the Engineering Division for review. Report shall document pre-existing condition of curb and gutter, as well as sidewalk hazards/defects that are in need of repair. (E/PW) 2.20 Prior to issuance of a building permit, the applicant shall prepare a pre-construction CCTV survey report on the existing wastewater collection system gravity mains 315
Resolution No. P- 11 -22 EA2021-0001 form the on-site system to the main in the street, to be submitted to the Engineering Division for review. Previous recent video surveys may be used. (E/PW) 2.21 Prior to issuance of a building permit, the existing storm drain pipe lines on the project site and downstream thereof to the nearest lagoon outlet shall be televised to determine their existing condition. Applicant shall submit a map illustrating the route to be televised for approval of the Engineering Division prior to the survey. The existing storm drain inlets shall be cleaned and protected as necessary during the project. (E/PW) 2.22 Prior to issuance of a building permit, the applicant shall arrange a joint field meeting with representatives of the Water Department to perform a visual survey of the condition of the existing water distribution system (including testing of valves and appurtenances) in the vicinity of the project site. The applicant shall prepare a pre-construction survey report to be submitted to the Engineering Division for review. Report shall document the condition of valves and other appurtenances tested and extent of water system mains surveyed. (E/PW) 2.23 The applicant shall prepare a project-specific Construction Risk Management Plan (CRMP) to protect construction workers, the general public, and the environment from subsurface hazardous materials previously identified and to address the possibility of encountering unknown contamination or hazards in the subsurface. The CRMP shall: Provide procedures for evaluating, handling, storing, testing and disposing of soil and groundwater during project excavation and dewatering activities, respectively; Require the preparation of a project specific Health and Safety Plan that identifies hazardous materials present, describes required health and safety provisions and training for all workers potentially exposed to hazardous materials in accordance with state and federal worker safety regulations, and designates the personnel responsible for Health and Safety Plan implementation; Require the preparation of a Contingency Plan that shall be applied should previously unknown hazardous materials be encountered during construction activities. The Contingency Plan shall be developed by the contractor(s), with the approval of the City and/or appropriate regulatory agency (BD, FIRE) 2.24 The applicant shall submit a letter from the Vintage Park Community Association with final approval of the architectural and landscape plans. (CDD) 3.0 PRIOR TO DEMOLITION PERMIT 3.1 Prior to issuance of a demolition permit for structures located on the project site, a lead-based paint, hazardous building materials survey (PCBs, mercury), and asbestos survey (for those structures not previously surveyed) shall be performed 316
Resolution No. P- 11 -22 EA2021-0001 by a qualified environmental professional. Based on the findings of the survey, all loose and peeling lead-based paint, and identified asbestos hazards shall be abated by a certified contractor in accordance with local, state, and federal requirements (including the requirements of the BAAQMD, District Regulation 11, Rule 20) and requirements for worker health and safety. (BD) 3.2 Within sixty (60) days following the completion of the demolition phase of a covered project, and again within sixty (60) days following the completion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates compliance with Chapter 15.44 of the Foster City Municipal Code and the California Green Building Code. Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed. (BD) 3.3 Beginning July 1, 2019, applicants shall complete and submit the “PCB Screening Assessment Form” for any project requiring a demolition permit (BD, E/PW) 3.4 Hazardous materials and wastes generated during demolition activities, such as fluorescent light tubes, mercury switches, lead based paint, asbestos containing materials, and PCB wastes, and subsurface hazardous building materials generated during grading and trenching activities, such as asbestos-cement piping, shall be managed and disposed of in accordance with the applicable universal waste and hazardous waste regulations. Federal and state construction worker health and safety regulations shall apply to the removal of hazardous building materials and demolition activities, and any required worker health and safety procedures shall be incorporated into the contractor’s specifications for the project. Documentation of the surveys and abatement activities shall be provided to the City prior to the demolition of structures located at the project site. (BD, FIRE) 4.0 PRIOR TO GRADING AND DRAINAGE 4.1 Subsequent to issuance of a grading permit by the Building Inspection Division and prior to commencement of any work pertaining to on-site drainage facilities, grading, or paving, or any work in the City's right-of-way, the applicant shall notify the Engineering Division at least forty-eight (48) hours in advance to schedule an inspection. (BD, E/PW) 5.0 PRIOR TO UNDERGROUND UTILITIES 5.1 Submit improvement plans for the construction of all public and private improvements in accordance with the latest City Standard Drawings and Specifications. Should the applicant propose the use of development and/or construction standards for any improvements and/or land uses which are different than those presently set forth in the City's Codes and Ordinances, Standard Specifications and Standard Plans, such standards must be presented to and 317
Resolution No. P- 11 -22 EA2021-0001 approved by the City. The applicant shall cause Standard Specifications and Standard Drawings to be prepared in a format to be approved by the Engineering Division. (E/PW) 5.2 Plans and specifications for grease interceptors or similar runoff control equipment, to be reviewed and approved by the Engineering Division. The equipment shall be installed by property owners/tenants to the satisfaction of the Public Works Department (San Mateo Environmental Compliance Source Control Inspector). (E/PW) 5.3 Should the geotechnical report find that there will be potential differential settlement or if deemed necessary by the Chief Building Official, mitigation measures will be provided and may include flexible connections or alternative measures acceptable to the Chief Building Official for gas, electric, sewer, water and other utilities and hinged, reinforced slabs shall be provided at transitions from building to sidewalks, walkways and driveways. The final geotechnical investigation report shall provide recommendations to minimize the potential damage to structures from differential settlement (BD, E/PW) 5.4 The location and size of all building utility service connections, including water and gas & electric service, fire service and irrigation connections, shall be indicated on the drawings, to be reviewed and approved by the City. All changes to building utility connections shall be approved by the Community Development Department prior to construction. Building utility connections shall be located, sized and screened in such a manner that they have the least possible impact on the design of the building and site. The architect or landscape architect of record shall be directly involved in the design and placement of all site and building service connections and shall sign their respective plans submitted to the City which locate, size and/or screen building utility connections. (CDD) 5.5 Prior to issuance of a building permit, the improvement plans shall show all proposed electric, cable TV, gas and communication lines within the development to the satisfaction of the Engineering and Building Divisions. All utilities shall be underground. (E/PW, BD) 5.6 During development of improvement plans, the location(s) of all above-ground utility equipment (Post Indicating Valves (P.I.V.), Backflow/Cross-Connection Devices, Fire Department Connections (FDC), fire hydrants and other such utilities shall be staked and the locations approved by staffs of the Planning/Code Enforcement Division, Building Inspection Division, Fire Department, and Public Works Department. Prior to final approval of the plans, the applicant shall arrange a joint field meeting with representatives from each of the Departments/Divisions listed above to confirm and verify locations for each above-ground utility component. (CDD, BD, FIRE, E/PW) 5.6.a The plans shall show all existing and proposed Easements. 318
Resolution No. P- 11 -22 EA2021-0001 (CDD, BD, FIRE, E/PW) 5.7 Wastewater System 5.7.1 The applicant shall have a registered civil engineer prepare a sewer flow projection study and a hydraulic capacity study, to be submitted to the Engineering Division for review. The study shall meet the approval of the Engineering Division and should: Verify that the existing sewer system is properly sized to meet the projected increase in wastewater generation on the project site. Study the on and off-site sewer system (including lift stations) which services the project (both upstream and downstream). Show the new connecting points to the existing sewers and model the estimated flows and peaking factors, as they relate to the changes in land use for the proposed project. No on-site or downstream overloading of existing sewer system will be permitted. Any necessary improvements including but not limited to impacts to LS 26 and associated appurtenances, identified by the study shall be constructed by the developer/applicant at applicant’s sole cost. (E/PW) 5.7.2 Prior to issuance of a building permit, the improvement plans shall include the design of a wastewater collection system in accordance with the City’s Standard Details/Specifications and to the satisfaction of the Engineering Division. Wastewater collection system items of construction should include at least the following: The locations and numbers of on-site pump stations with permanent standby power, telemetry system and controls. All shall be as approved by the Engineering Division. Modification to and addition of permanent standby power to which the proposed system is contributing sewage, if required. Sanitary sewer mains. Manholes with manhole frames and covers. Cleanouts. In commercial/industrial buildings the sewer inspection cleanouts shall be at accessible outside locations to allow for wastewater sampling. Wye branches and laterals. And together with appurtenances to any or all of the above. (E/PW) 5.7.3 The existing sewer system should be capped at the property line unless it is going to be reused. Lateral should not be abandoned in place. (E/PW) 5.8 Storm Water System 5.8.1 Prior to issuance of a building permit, the improvement plans shall include the design of stormwater improvements in accordance with the City’s Standard Details/Specifications and to the satisfaction of the Engineering 319
Resolution No. P- 11 -22 EA2021-0001 Division. Stormwater improvements items of construction should include at least the following: surface and subsurface storm drain facilities; manholes with manhole frames and covers; catch basins and laterals; construct all catch basins as silt detention basins; And together with appurtenances, to any or all of the above. (E/PW) 5.8.2 Prior to issuance of a building permit, a complete storm drainage study of the proposed development shall be prepared by a registered civil engineer and submitted as part of the improvement plans package. Drainage facilities shall be designed in accordance with accepted engineering principles and be approved by the Engineering Division. The hydrology/hydraulic analysis shall include the following: The amount of runoff, and existing and proposed drainage structure capacities. Verification that the existing storm drain system is adequately sized to handle the run-off from the project. Conformance with the City’s Drainage Design Criteria/Standards available on the City’s website: https://www.fostercity.org/publicworks/page/city-standard-design-criteria Calculations and plans showing hydraulic gradelines. Evidence that the system is capable of handling a 25-year storm with the hydraulic grade line at least one foot below every grate. No overloading of the existing system will be permitted. All needed improvements shall be installed by the applicants at applicants’ sole cost. (E/PW) 5.8.3 The applicant shall fully comply with the C.3 provisions of the Municipal Regional Stormwater NPDES Permit (MRP). Responsibilities include, but are not limited to, designing Best Management Practices (BMPs) into the project features and operation to reduce potential impacts to surface water quality associated with operation of the project. These features shall be included in the design-level drainage plan and final development drawings. Specifically, the final design shall include measures designed to mitigate potential water quality degradation of runoff from all portions of the completed development. All Stormwater control measures outlined in the current San Mateo Countywide Water Pollution Prevention Program’s C.3 Stormwater Technical Guidance manual shall be incorporated into the project design. Low Impact Development features, including rainwater harvesting and reuse, and passive, low-maintenance BMPs (e.g., grassy swales, porous pavements) are required under the MRP. Higher-maintenance BMP’s may only be used if the development of at-grade treatment systems is not possible, or would not adequately treat runoff. Funding for long-term maintenance for all BMPs must be specified (as the City will not assume maintenance responsibilities for these features). The applicant shall 320
Resolution No. P- 11 -22 EA2021-0001 establish a self-perpetuating drainage system maintenance program for the life of the project that includes annual inspections of any stormwater detention devices and drainage inlets. Any accumulation of sediment or other debris would need to be promptly removed. In addition, an annual report documenting the inspection and any remedial action conducted shall be submitted to the Public Works Development for review and approval. The drainage plan shall be prepared to the satisfaction of the Engineering Division. (E/PW) 5.8.4 Prior to issuance of a building permit, should the City determine that the City’s storm drain system or storm drain pumping capacity requires expansion or modification as a result of the applicants’ development, the applicants shall pay for all necessary improvement costs. The timing and amount of payment shall be as determined by the City. (CC, E/PW) 5.8.5 All storm drain lines and related storm drainage appurtenances located both within the property boundaries of the development site and associated offsite private easements shall be privately owned and maintained. Prior to issuance of a building permit, the applicants shall submit to the City Engineer evidence of easements granted for private offsite storm drainage facilities located on adjacent private property. Said easements shall provide the applicants the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew all offsite storm drainage facilities, and appurtenant structures in, upon, over and across such easements. (E/PW) 5.8.6 Prior to installation of any stormwater treatment improvements (i.e. bio-detention basins), the applicant shall notify the Engineering Division to coordinate the inspections required for the various elements of the stormwater treatment installation. Failure to obtain inspection and approval by City staff may require the applicant to remove any stormwater treatment components, which were not inspected by the City at the applicants cost. In addition, the Engineering Division shall be notified at least forty-eight (48) hours in advance to schedule the necessary inspections. (E/PW) 5.8.7 Prior to installation of any stormwater treatment improvements, the applicant shall consult with the City to meet the requirements of the City’s green infrastructure plan. (E/PW) 5.9 Water Distribution System 5.9.1 To properly evaluate necessary improvements, a complete water system capacity study of the on-and-off site water system which services the proposed project shall be prepared by a registered civil engineer approved 321
Resolution No. P- 11 -22 EA2021-0001 by the City/District Engineer, and retained by the project developer prior to approval of a building permit. The study shall include: a map showing the project location, utility drawings for the project area (pdf and CAD files), a project description (type of development, number of units, land use, acreage, etc.), and a system demand analysis (including average daily demand, maximum daily demand, peak hour demand, and fire flow requirements), specific to the proposed development. The study shall include a detailed water pipe hydraulic flow analysis to determine whether the existing water distribution system is properly sized to meet the projected new water demands on the project site. All needed construction improvements to upsize the existing water distribution system to meet the demands of the new project shall be constructed to meet California Fire Code and San Mateo Consolidated Fire Department requirements, by the applicant at the applicant’s sole cost. (BD, FIRE, E/PW) 5.9.2 Prior to the issuance of a building permit, the improvement plans shall include the design of a domestic water system to the satisfaction of the Engineering Division. Water distribution system items of construction shall include at least the following: backflow prevention devices; water mains - minimum main size is 8 in. in any area. Fire flow determined for buildings/areas per "The Guide for Determining Required Fire Flow; Insurance Services Office; Municipal Survey Service;" valves; tees; fittings; hydrants; meters; services; and together with appurtenances to any or all of the above; all water mains serving fire hydrants, shall be a minimum of 8" in diameter (E/PW, FIRE) 5.9.3 Water lines shall be designed for fire flows to meet California Fire Code and Fire Department requirements. (E/PW, FIRE) 5.9.4 Prior to the issuance of a building permit, the applicant shall submit a design for all required backflow prevention devices in accordance with the Department of Health Services requirements. A backflow device shall be installed at each connection point to the City/District water system for both domestic and fire lines. The size and type of the backflow prevention devices are subject to approval by the Engineering Division. In addition, the required double check valve assembly shall be located on the drawings and provisions included for screening adjacent to property line. All backflow prevention assembly devices shall meet the California Health and Safety Code (CA H&SC) and installed in accordance with the USC specifications. 322
Resolution No. P- 11 -22 EA2021-0001 (BD, E/PW, FIRE)5.9.5 Prior to the issuance of a building permit, the applicant shall indicate on-site hydrants, blue reflective pavement markers and mains at locations approved by the Fire Department. Hydrants shall meet the following requirements: Fire hydrants shall be installed not more than 250 ft. apart -in some instances distances may be less and must meet San Mateo Consolidated Fire Department requirements. All new fire hydrants or replacement of existing hydrants shall conform with current City standards. Placement shall conform to current City standards. (FIRE, E/PW) 5.9.6 Prior to the issuance of a building permit, the applicant shall submit a request for all required water meters, including payment for the meters. The applicant shall provide calculations supporting the size and type of the meters. The size and type of the meters are subject to approval by the Engineering Division. Water meters shall be located at the property line. (BD, E/PW) 5.9.7 Sub-meters shall be provided for each individual dwelling unit if individual meters are not provided. The required water sub-meters shall be installed prior to occupancy. (BD, E/PW) 5.9.8 All water lines and related water appurtenances located within the property boundaries of the development site shall be privately owned and maintained. Private water lines do not need to have Master Meter(s). Where appropriate, prior to issuance of a building permit, the applicants shall submit to the City Engineer evidence of easements that are shared with other privately owned and maintained for water facilities. Said easements shall provide the applicants the right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew all water facilities, and appurtenant structures in, upon, over and across such easements. (E/PW) 5.9.9 Water Supply Assessment (WSA) – Applicant shall have a firm approved by the City, update the City’s WSA to determine whether there is adequate water available to meet the future demands of the project. (E/PW) 5.9.10 Applicant shall test interference/impacts of building on City’s SCADA and water meter radio network. If building impacts SCADA and Meter reading communications equipment, applicant shall be responsible for the costs of the installation of repeater antennas to maintain communications. (E/PW) 323
Resolution No. P- 11 -22 EA2021-0001 6.0 PRIOR TO ARCHITECTURAL AND STRUCTURAL SHELL 6.1 Elevations shall be included in the building permit plans indicating colors and materials, listing manufacturers’ names and product identification, and shall be approved by the Community Development Director. (CDD) 6.2 No rooftop equipment of any kind or exterior conduit shall be visible from the ground level on the site or from adjacent public rights-of-way or ground level on adjacent properties. At initial project construction and in the future, cross-sections and details of the proposed rooftop equipment, sight line studies demonstrating the visual impact of equipment, and related screening shall be submitted to the Community Development Director for approval. (CDD) 6.3 All vents shall be shown on the exterior elevations. Where feasible, venting shall be directed to the roof and consolidated to minimize its visibility, subject to approval by the Community Development Director. (CDD) 6.4 Prior to the issuance of a building permit, the applicant shall provide a letter to the City from the Manager, Customer Services, of the United States Postal Service/San Mateo Post Office, stating that the Postal Service has reviewed proposed plans and methods for providing a postal service to the tenants or residents of the proposed building(s) or development and has approved them. (CDD) 6.5 The applicant shall provide a letter describing the sustainable practices that are included in the project and referencing the sheets in the building permit drawings that demonstrate the inclusion of the sustainable practices for review and approval by the Community Development Director. (CDD) 6.6 Prior to the issuance of a building permit, should mailboxes be required by the Postal Service and allowed by the City, the applicant shall submit for staff review and approval a mailbox design and its specific placement prior to any installation, meeting the guidelines for mailbox placement and the City's Mailbox Ordinance. (BD, CDD) 6.7 Details of any trash/recycling enclosures shall be included, showing that the trash/recycling enclosures shall be covered, the drainage connected to the sanitary sewer and that it meets any other relevant stormwater control requirements (see https://www.flowstobay.org/newdevelopment). (CDD, E/PW) 6.8 Plans for trash enclosures and recycling facilities, including truck access to these facilities, shall be reviewed by the service provider and a letter provided from the service provider indicating their comments, if any, have been satisfactorily resolved. (CDD, E/PW) 324
Resolution No. P- 11 -22 EA2021-0001 6.9 Prior to issuance of the architectural/structural shell permit, all emergency vehicle access and location of building numbers shall be identified to the satisfaction of the City. (FIRE, POL, CDD) 6.10 Prior to issuance of the architectural/structure shell permit, an addressing plan shall be provided, including proposed addresses and size, location and illumination of address signage, subject to approval by City. (FIRE, POL, CDD, BD) 6.11 The plans shall demonstrate compliance with the Indoor Water Conservation requirements contained in EMID Code Chapter 8.7, including, but not limited to, submittal of the Indoor Water Use Efficiency Checklist. The Checklist shall be updated, if necessary, prior to issuance of the Tenant Improvement. (BD) 6.12 Rooftop solar installations shall meet the California Fire Code and Electrical Codes for labels and clearance. Rooftop access will be required as per the California Building Code, California Fire Code and California Electric Code. (BD, FIRE) 6.13 Prior to issuance of the building permit, plans for the fire sprinkler system and fire alarm system in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, and NFPA 13 and 72 shall be submitted and approved by the Chief Building Official and Fire Marshal. Installation shall be completed and approved prior to building occupancy. General: o All PIV, OS & Y valves and Zone valves, etc. must be tamper switched. o All Fire Department connections (FDCs) must be within 50 ft. or less of a water supply (fire hydrant). FDCs must have a minimum of two inlets. Each building shall have an independent fire sprinkler system and FDC. o The required double check valve assembly shall be located on the drawings and provisions included for screening. Fire Sprinklers: o A combination fire sprinkler and fire standpipe shall be provided for each building. o All new buildings/new construction except for Single Family houses (R3) shall install a National Fire Protection Association (NFPA) 13 Fire Sprinkler system. Single family homes shall have fire sprinkler systems complying with NFPA 13D. o A horn strobe shall be installed in the area of the FDC at a location approved by the Fire Marshal. Fire Pumps: o A fire pump if required to meet minimum fire flow requirements, shall be provided to meet the fire sprinkler and standpipe demand(s). o Electric fire pumps are only acceptable with generator backup. Fire Alarm System:
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Resolution No. P- 11 -22 EA2021-0001 oFire alarm system(s) shall be zoned by address, floor, area and type of device. o The fire alarm system(s) for the building shall have a horn/strobe system in each residential unit and a speaker/strobe system in the common areas. (BD, FIRE) 6.14 Roof access shall be provided from at least one stairway in each building. (BD, FIRE) 6.15 Prior to issuance of a building permit, the plans shall demonstrate the ability at tenant improvement to incorporate elevators utilized to transport hazardous materials under the provisions of California Fire Code Chapter 50 and incorporate exhaust ventilation compiling with ANSI Z9.5-2012 or NFPA 45-2019 if required. (BD, FIRE) 7.0 PRIOR TO TENANT IMPROVEMENTS 7.1 Three (3) sets of an acoustical analysis, including one electronic or pdf version, shall be submitted, prepared by a licensed professional, specifying the manner in which interior noise levels will be reduced to the required Community Noise Equivalency Level (CNEL) per Title 24 of the California Administrative Code and Chapter 17.68 of the Foster City Municipal Code. The details of noise attenuation recommended in the report will be subject to the review and approval of the Chief Building Official. (BD) 7.2 Rooftop solar installations shall meet the California Fire Code and Electrical Codes for labels and clearance. Rooftop access will be required as per the California Building Code, California Fire Code and California Electric Code. (BD, FIRE) 7.3 Prior to issuance of the building permit, plans for the fire sprinkler system and fire alarm system in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, and NFPA 13 and 72 shall be submitted and approved by the Chief Building Official and Fire Marshal. Installation shall be completed and approved prior to building occupancy. General: o All PIV, OS & Y valves and Zone valves, etc. must be tamper switched. o All Fire Department connections (FDCs) must be within 50 ft. or less of a water supply (fire hydrant). FDCs must have a minimum of two inlets. Each building shall have an independent fire sprinkler system and FDC. o The required double check valve assembly shall be located on the drawings and provisions included for screening. Fire Sprinklers: o If elevators are provided, fire sprinkler heads shall be included in all elevator pits if required by CBC. 326
Resolution No. P- 11 -22 EA2021-0001 oA combination fire sprinkler and fire standpipe shall be provided for each building. o All new buildings/new construction except for Single Family houses (R3) shall install a National Fire Protection Association (NFPA) 13 Fire Sprinkler system. Single family homes shall have fire sprinkler systems complying with NFPA 13D. o A horn strobe shall be installed in the area of the FDC at a location approved by the Fire Marshal. Fire Pumps: o A fire pump if required to meet minimum fire flow requirements, shall be provided to meet the fire sprinkler and standpipe demand(s). o Electric fire pumps are only acceptable with generator backup. Fire Alarm System: o Fire alarm system(s) shall be zoned by address, floor, area and type of device. o The fire alarm system(s) for the building shall have a horn/strobe system in each residential unit and a speaker/strobe system in the common areas. (BD, FIRE) 7.4 Following the issuance of the Architectural and Structural Shell Building Permits, but prior to tenant improvement permit, State of California safety regulations regarding the transport, handling and storage of hazardous materials (HMIS) shall be incorporated onto the plans. Storage of hazardous materials shall be directed to areas in the complex where maximum protection of office and other active work areas can be provided. (BD, FIRE) 7.5 A list of hazardous materials that will be used in a given space shall be provided to San Mateo Consolidated Fire Department for review and approval (FIRE) 8.0 PRIOR TO LANDSCAPE AND FLATWORK 8.1 Submit documentation and plans showing compliance with Chapter 8.8 of the EMID Code, including, but not limited to submittal of the Outdoor Water Use Efficiency Checklist. (E/PW, CDD, BD) 8.2 An exterior lighting plan including fixture and standard design, coverage and intensity shall be submitted, to be reviewed and approved by the Community Development Department and the Police Department. In its review of the lighting plan, the City shall ensure that any outdoor night lighting proposed for the project is downward-facing, not overly bright at the property line and shielded so as to minimize nighttime glare and lessen impacts to neighboring properties. The City shall also ensure that all development plans for the proposed project conform to the performance standards provided under Section 17.68.080 of the Foster City Municipal Code. 327
Resolution No. P- 11 -22 EA2021-0001 (CDD, POL) 8.3 Prior to issuance of a Building Permit, the applicant shall design a comprehensive pedestrian walkway system throughout the development to the satisfaction of the City and in compliance with the General Plan. The pedestrian walkway system shall be constructed according to plan. (BD, CDD) 8.4 Landscape plans shall include details of any fencing, walls and gates, to be reviewed and approved by the Community Development Director and the Chief Building Official. (CDD, BD) 8.5 A planting plan neatly and accurately drawn to scale, indicating types, quantities, locations and sizes of all plant material including existing major vegetation designated to remain and street trees, method of protecting planting areas from vehicular traffic, and planting areas to be irrigated on separate valves shall be submitted for Planning staff review and approval. (CDD) 8.6 The planting plans shall show that the applicant will install and maintain landscaping in the unpaved areas within the public right-of-way abutting the development to the satisfaction of the Planning/Code Enforcement Division. (CDD) 8.7 The plans shall show that all trees planted closer than four (4) ft. from any public or private walkway, driveway or major structure shall be shielded with root barriers that are designed to the satisfaction of the City. (CDD) 8.8 The location of backflow prevention devices for the irrigation system shall be adequately screened with planting material. Method of screening shall be approved by Planning staff prior to issuance of a building permit. (CDD, BD) 8.9 Domestic backflow prevention devices shall be consistent with the most recent list of approved devices maintained by the County Department of Health. (E/PW, BD) 8.10 Landscape plans shall show all planting areas shall be protected from common vehicular traffic by the provision of a 6-inch high concrete curb. Rolled curbs are not acceptable. (CDD) 8.11 Evidence that a licensed landscape architect registered with the State of California has prepared or reviewed and found acceptable the planting and irrigation plans, cost estimate, and documents describing the existing soil conditions, grading and soil preparation. (CDD) 328
Resolution No. P- 11 -22 EA2021-0001 8.12 Planting plans shall include documentation describing the existing soil conditions, proposed grading, and soil preparation as they relate to providing a compatible growing medium for the selected plant material. (CDD) 8.13 At initial planting, all trees shall be a minimum of 15 gallons or larger. At least fifteen percent (15%) of the total number of trees approved as a part of the Landscape Plan shall be 24 inch or larger specimen trees to be planted along public rights-of-way or other locations as determined in the field by the Community Development Director. As and when trees are replaced they will be replaced by trees of the same species which shall be a minimum of 15 gallons or larger. Only specimen size trees shall replace specimen size trees. (CDD, Prior to planting) 8.14 The Developer shall submit a letter signed and stamped by the licensed landscape architect verifying that the plants that have been selected for the bioretention area/swale are drought tolerant, inundation tolerant, and require minimal maintenance consistent with the C.3/C.6 Checklist, as provided in Appendix A of the San Mateo County Wide Water Pollution Prevention Program’s C.3 Stormwater Technical Guidance Handbook at www.flowstobay.org. (E/PW, CDD) 9.0 GENERAL CONSTRUCTION PRACTICES 9.1 Construction activities shall be limited to the hours of 8 a.m. to 5 p.m. on weekdays unless deviations from this schedule are approved in advance by the City. Non construction activities may take place between the hours of 7 a.m. and 8 a.m. on weekdays and 9 a.m. and 4 p.m. on Saturdays but must be limited to quiet activities and shall not include the use of engine-driven machinery. No actual construction activities may take place between 7 a.m. and 8 a.m., except when post-tension slab foundations are being poured, the concrete pumper may be set up but no concrete may be poured. Forklifts shall be allowed to operate onsite between the hours of 5 p.m. and 6:30 p.m. on weekdays. Construction noise levels shall not exceed the interior noise level of 50 dBALeq(hourly average) or the maximum noise level of 70 dBALmaxwithin occupied noise sensitive land uses. The Planning Commission reserves the right to rescind this condition and further restrict construction activities in the event that the public health, safety and welfare are not protected due to noise levels emanating from the construction project. (PC, BD, CDD) 9.1.1 Any requested deviations from the allowed hours for construction activities shall be submitted to the Community Development Director a minimum of two (2) working days in advance for review and approval. Any approved deviations from the allowed hours shall be communicated to the Building Inspection Division and the Police Department. (CDD) 9.2 In order to minimize construction noise impacts, all engine-driven construction vehicles, equipment and pneumatic tools shall be required to use effective intake and exhaust mufflers; equipment shall be properly adjusted and maintained; all 329
Resolution No. P- 11 -22 EA2021-0001 construction equipment shall be equipped with mufflers in accordance with OSHA standards. (BD) 9.3 The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. (BD) 9.4 All construction shall be completed in a professional manner and appearance. (CDD) 9.5 The following controls shall be implemented at all construction sites within the project to control dust and/or mud production and fugitive dust. Water all active construction areas at least twice daily and more often during windy periods; active areas adjacent to existing sensitive land uses shall be kept damp at all times, or shall be treated with nontoxic stabilizers to control dust; Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least 2 feet of freeboard; Pave, apply water three times daily, or apply (nontoxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites; Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites; and Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the City in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. All vehicle speeds on unpaved roads shall be limited to 15 mph. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations (CCR). Clear signage shall be provided for construction workers at all access points. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the City Engineer. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 7 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. 330
Resolution No. P- 11 -22 EA2021-0001 All public streets and medians soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the City. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District‘s phone number shall also be visible to ensure compliance with applicable regulations. (BD) 9.6 The General Contractor shall provide qualified supervision on the job site at all times during construction. (BD) 9.7 All work shall conform to the applicable City/District codes. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unless a special permit is issued by the Engineering Division. (CDD, BD, E/PW) 9.8 The developer’s registered Engineer shall notify the Engineering Division, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the civil plans. Any proposed changes shall be subject to the approval of the City before altered work is started. Any approved changes shall be incorporated into the final as-built drawings. (E/PW) 9.9 The applicant shall require all contractors to obtain and submit to City any transportation permits required by Caltrans. Contractors are further required to obtain a transportation permit from City for hauling on local streets. All vehicles hauling materials to the project site that exceed 12,000 pounds gross weight shall follow established truck route streets to the closest point of the job site unless directed otherwise by the Engineering Division. (E/PW) 9.10 If paleontological resources are discovered during project activities, all work within 25 feet of the discovery shall be redirected and the Community Development Director immediately notified. A qualified paleontologist shall be contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Paleontological resources include fossil plants and animals, and evidence of past life such as trace fossils and tracks. Ancient marine sediments may contain invertebrate fossils such as snails, clam and oyster shells, sponges, and protozoa; and vertebrate fossils such as fish, whale, and sea lion bones. Fossil vertebrate land animals may include bones of reptiles, birds, and mammals. Paleontological resources also include plant imprints, petrified wood, and animal tracks. Upon completion of the assessment, the paleontologist shall prepare a report documenting the methods and results and provide recommendations for the treatment of the paleontological resources discovered. This report shall be 331
Resolution No. P- 11 -22 EA2021-0001 submitted to the project applicant, the Foster City Community Development Department, and the paleontological curation facility. Adverse effects to paleontological resources shall be avoided by project activities. If avoidance is not feasible (as determined by the City, in conjunction with the qualified paleontologist), the paleontological resources shall be evaluated for their significance. If the resources are not significant, avoidance is not necessary. If the resources are significant, adverse effects on the resources shall be avoided, or such effects shall be mitigated. Mitigation can include, but is not necessarily limited to: excavation of paleontological resources using standard paleontological field methods and procedures; laboratory and technical analyses of recovered materials; production of a report detailing the methods, findings, and significance of recovered fossils; curation of paleontological materials at an appropriate facility (e.g., the University of California Museum of Paleontology) for future research and/or display; an interpretive display of recovered fossils at a local school, museum, or library; and public lectures at local schools on the findings and significance of the site and recovered fossils. The City shall ensure that any mitigation involving excavation of the resource is implemented prior to project construction or actions that could adversely affect the resource. (CDD, BD) 9.11 If deposits of prehistoric or historic archaeological materials are encountered during project activities, all work within 25 feet of the discovery shall be redirected and the Community Development Director immediately notified. A qualified archaeologist shall be contacted to assess the find, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Prehistoric materials can include flaked-stone tools (e.g., projectile points, knives, choppers) or obsidian, chert, basalt, or quartzite toolmaking debris; bone tools; culturally darkened soil (i.e., midden soil often containing heat-affected rock, ash and charcoal, shellfish remains, faunal bones, and cultural materials); and stone-milling equipment (e.g., mortars, pestels, handstones). Prehistoric archaeological sites often contain human remains. Historical materials can include wood, stone, concrete, or adobe footings, walls, and other structural remains; debris-filled wells or privies; and deposits of wood, glass, ceramics, metal and other refuse. Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results of the analysis, and provide recommendations for the treatment of the archaeological deposits discovered. The report shall be submitted to the project applicant, the Foster City Community Development Department and the Northwest Information Center. Project personnel shall not collect or move any archaeological materials or human remains. Adverse effects to such deposits shall be avoided by project activities. If avoidance is not feasible (as determined by the City, in conjunction with the qualified archaeologist), the archaeological deposits shall be evaluated for their eligibility for listing in the California Register. If the deposits are not eligible, avoidance is not necessary. If the deposits are eligible, avoidance of project impacts on the deposit shall be the preferred mitigation. If adverse effects on the deposits cannot be avoided, such effects must be mitigated. Mitigation can include, but is not necessarily limited to: excavation of the deposit in accordance with a data recovery plan (see CEQA Guidelines Section 15126.4(b)(3)(C)) and standard archaeological field methods and procedures; laboratory and technical 332
Resolution No. P- 11 -22 EA2021-0001 analyses of recovered archaeological materials; production of a report detailing the methods, findings, and significance of the archaeological site and associated materials; curation of archaeological materials at an appropriate facility for future research and/or display; preparation of a brochure for public distribution that discusses the significance of the archaeological deposit; an interpretive display of recovered archaeological material sat a local school, museum, or library; and public lectures at local schools and/or historical societies on the findings and significance of the site and recovered archaeological materials. The City shall ensure that any mitigation involving excavation of the deposit is implemented prior to the resumption of actions that could adversely affect the deposit. (CDD, BD) 9.12 If human remains are encountered, work within 25 feet of the discovery shall be directed and the County Coroner and the Community Development Director immediately notified. At the same time, an archaeologist shall be contacted to assess the situation and consult with agencies as appropriate. The project applicant shall also be notified. Project personnel shall not collect or move any human remains and associated materials. If the human remains are of Native American origin, the Coroner shall notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission will identify a Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Upon completion of the assessment, the archaeologist shall prepare a report documenting the methods and results and provide recommendations for the treatment of the human remains and any associated cultural materials, as appropriate and in coordination with the recommendations of the MLD. The project sponsor shall comply with these recommendations. The report shall be submitted to the project applicant, the Foster City Community Development Department, the MLD, and the Northwest Information Center. (CDD, BD) 9.13 If the presence of hazardous materials is found on site, site remediation may be required by the applicable state or local regulatory agencies. Specific remedies would depend on the extent and magnitude of contamination and requirements of the regulatory agency(ies). Under the direction of the regulatory agency(ies) and the City, a Site Remediation Plan shall be prepared, as required, by the applicant. The Plan shall: 1) specify measures to be taken to protect workers and the public from exposure to the potential hazards and, 2) certify that the proposed remediation would protect the public health in accordance with local, state, and federal requirements, considering the land use proposed. Excavation and earthworking activities associated with the proposed project shall not proceed until the Site Remediation Plan has been reviewed and approved by the regulatory oversight agency and is on file with the City. (E/PW, BD) 9.14 Engineering fill brought on-site shall be demonstrated, by analytical testing, not to pose an unacceptable risk to human health or the environment. Threshold criteria for acceptance of engineered fill shall be selected based on screening levels and protocols developed by regulatory agencies for protection of human health and leaching to groundwater (e.g., Water Board ESLs). The engineered fill shall be characterized by representative sampling in accordance with U.S. EPA’s SW-846 333
Resolution No. P- 11 -22 EA2021-0001 Test Methods, by a qualified environmental professional and demonstrated to meet the threshold criteria above. The results of the sampling and waste characterization shall be submitted by the contractor(s) to the City and SMCEHD prior to construction. (E/PW, BD) 9.15 All excess fill shall be disposed of in accordance with City requirements. (E/PW) 9.16 The construction contractor shall protect all downstream sanitary sewer lines from construction debris while performing sanitary sewer construction. Means to prevent construction debris must be used and shall be inspected by the construction inspector. (E/PW) 9.17 Within sixty (60) days following the completion of the demolition phase of a covered project, and again within sixty (60) days following the completion of the construction phase of a covered project, the contractor shall submit documentation to the Building Inspection Division that demonstrates compliance with Chapter 15.44 of the Foster City Municipal Code. Documentation includes submission of a completed Final Compliance Report with corresponding recycling, salvage, and disposal receipts/tickets from the facilities, to demonstrate where the debris was recycled, salvaged, or disposed. (BD) 10.0 PRIOR TO OCCUPANCY 10.1 Prior to occupancy, the applicant shall arrange a joint field meeting with the Public Works Department to inspect all public facilities (i.e. curb, gutter, sidewalk, roadway, etc.) and any facilities determined to be damaged during construction, shall be marked by the Department and the development/owner shall restore at owners cost. All sidewalk and pavers that have settled or uplifted, shall be marked and repaired at owner’s cost. (E/PW) 10.2 Prior to occupancy, following utility work in the street, all pavement shall be restored. (E/PW) 10.3 Prior to occupancy, a post construction survey of the pavement/roadway along the approved construction haul routes shall be performed by the same firm that performed the pre-construction condition survey. Based on the results of the survey, the City will determine a reimbursement amount from the applicant to cover the costs to restore the roadways affected, to the pre-construction condition. (E/PW) 10.4 Prior to occupancy, any development involving one or more acres of total land area must file a Notice of Termination to the State Water Resources Control Board at the completion of construction and submit a copy to the Public Works Department. (E/PW) 334
Resolution No. P- 11 -22 EA2021-0001 10.5 Prior to occupancy, the City shall be provided with Final AutoCAD (latest version) compatible files (DXF or DWG) and PDF for all computer generated mapping, construction plans and graphic information related to site/civil drawings for this project. (E/PW) 10.6 Prior to occupancy the applicant shall prepare a post-construction CCTV survey report on the new on-site wastewater collection system and existing wastewater collection system and force mains, to be submitted to the Foster City Public Works Department for review. Sewer lines filled with sediment or construction debris, or damaged, shall be cleaned out/repaired at applicant’s cost. (E/PW) 10.7 Prior to occupancy the existing storm drain pipe lines on the project site and downstream to the nearest lagoon inlet shall be cleaned and sediment removed at the completion of the project. Applicant shall submit a map illustrating the route to be televised for approval of the Engineering Division prior to sediment removal. The storm drain pipe lines shall be televised after cleaning to verify that the sediment has been removed and to identify any damages to the storm drain pipe lines during construction. A post construction survey report shall be prepared identifying facilities to be repaired and confirming removal of sediment from storm lines. The applicant shall be responsible for constructing and financing any such repairs. Sediment left in mains shall be subject to re-cleaning at the applicant’s sole cost. (E/PW) 10.8 Prior to occupancy the applicant shall arrange a joint field meeting with representatives of the Water Department to perform a visual survey of the condition of the existing water distribution system (including testing of valves and appurtenances) in the vicinity of the project site. The applicant shall prepare a post-construction survey report to be submitted to the Foster City Public Works Department for review. Report shall document any necessary repairs required to the existing water supply infrastructure. The applicant shall be responsible for constructing and financing any such repairs. (E/PW) 10.9 Prior to final building inspection, the property owner shall submit a Maintenance Agreement for Stormwater Treatment Measures and Hydromodification Management Controls, including a Maintenance Plan pertinent to the type(s) of measures included in the project, pursuant to the San Mateo Countywide Water Pollution Prevention Program (www.flowstobay.org). Following review and approval by City staff, the property owner shall have the Maintenance Agreement recorded prior to building occupancy approval. The Maintenance Agreement shall be made a part of any CC&Rs recorded for the property and shall include the following statements: The property owner shall be responsible for conducting all servicing and maintenance as described and required by the approved Maintenance Plan(s). Maintenance of all site design and treatment control measures shall be the owner’s responsibility. Site access shall be granted to representatives of the City, the San Mateo County Mosquito and Vector Control District, and the Water Board, at any time, 335
Resolution No. P- 11 -22 EA2021-0001 for the sole purpose of performing operation and maintenance inspections of the installed stormwater treatment systems. (E/PW) 10.10 Prior to final occupancy, the C.3 and C.6 Project Closeout Form shall be completed by City staff and placed in the project file. (E/PW) 10.11 Prior to occupancy, the applicant must provide recorded easements for access by Police, Fire and Public Work vehicles responding to emergencies or maintaining, exercising, flushing or testing emergency equipment including fire hydrants, fire department connections, and any public utilities on the site. Plat and legal descriptions must be signed and stamped by a registered civil engineer and submitted to the Engineering Division for review. The applicant must also establish the 30-foot no build and maintenance easement with the VPCA on the VPCA park adjacent to the project site at the corner of Vintage Park Drive and Chess Drive. Easements must be to the satisfaction of the Engineering Division and the Fire Marshal. Upon staff approval, the item is considered by the City Council/Board of Directors. Recordation by the County follows approval by the Council/Board. (E/PW, FIRE, POL) 10.12 Prior to any occupancy, the temporary construction fencing and all construction related equipment and materials shall be removed from the subject building prior to the final inspection and issuance of the Certificate of Occupancy. (CDD) 10.13 Prior to occupancy, all pertinent conditions of approval and all improvements shall be completed to the satisfaction of the City and so reported on the sign-off sheet in the Use Permit file. The project shall be built in substantial compliance with the approved plans on record in the City. (CDD) 10.14 Prior to occupancy, all street addresses for the subject building shall be clearly visible from the adjacent street. Numerals shall be of a size satisfactory to the Fire and Police Departments, typically six (6) inches minimum. Buildings not fronting on a roadway shall be required to have their locations identified along the vehicle roadway nearest the building or at other locations as determined by the Fire and Police Departments with numbers a minimum of six (6) inches. Rear building entrance doors, including garage doors facing a street or drive aisle shall also be clearly marked with building number identification so that they can be found quickly in emergencies. (CDD, FIRE, POL) 10.15 Prior to occupancy, for commercial buildings, the street number numerals shall be no less than 6 inches in height and shall be of a contrasting color to the background surface to which they are attached. Rear building entrance doors shall also be clearly marked with building number identification so that they can be found quickly in emergencies. All building identification numbers shall be provided with a light source or internally illuminated during the hours of darkness. If internally 336
Resolution No. P- 11 -22 EA2021-0001 illuminated signage is proposed, prior approval from the Community Development Department shall be obtained. (CDD, FIRE, POL) 10.16 Prior to final occupancy, additional plant materials may be required by the Community Development Director and shall be planted prior to final occupancy in order to screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected (CDD) 11.0 OPERATIONAL REQUIREMENTS 11.01 All improvements shall be maintained in a professional manner and appearance. (CDD) 11.02 Upon occupancy of the project building(s) constructed as part of this Use Permit, the current and future owners shall be responsible for maintaining all common areas landscaping and landscaping in the adjoining public right-of-way in a healthy and vigorous condition. All landscape plant material and all hardscape and project amenities shall be maintained as originally approved by the City. Modification of plant material other than routine pruning or maintenance shall require approval of the City. The integrity of the original landscape plan shall at all times be kept intact. (CDD) 11.03 At all times the requirements of the City's sign regulations including but not limited to those contained in Chapter 15.12 (Sign Control), and Chapter 8.05 (Regulation of Smoking) of the Foster City Municipal Code shall be followed. Signs announcing temporary sales or events and all other public convenience signs shall receive all required permits. (CDD) 11.04 Truck arrival and unloading operations shall be conducted in accordance with all applicable City Ordinance requirements. If noise associated with truck arrival or unloading operations becomes a problem, all future site lessees, operators and/or owners shall work with the City to develop a plan to minimize noise, including requiring an adjustment of truck arrival and/or unloading times. (CDD) 11.05 The applicant or any future owner shall provide and conduct regular maintenance of the site in order to eliminate and control the accumulation of trash, excess/waste materials and debris, including keeping all containers free of overflowing trash and materials. If the Community Development Director finds that the lack of a designated smoking area is resulting in an excess accumulation of trash, the Community Development Director may require the owner to establish a signed designated smoking area in compliance with Chapter 8.05 (Regulation of Smoking) of the Foster City Municipal Code. (CDD) 337
Resolution No. P- 11 -22 EA2021-0001 11.06 The current and future owners shall be responsible for implementing the Transportation Demand Management (TDM) Program prepared by Kimley Horn dated September 23, 2021 required by the City/County Association of Governments, on file with the Community Development Department and summarized in Exhibit C. The owner or its successor in interest shall file an annual report by January 31 of each year with the Foster City Community Development Department documenting efforts undertaken and results achieved in the previous year pursuant to the TDM program. (CDD) 11.07 The property owners/tenants are prohibited from discharging any commercial fertilizers, pesticides or herbicides into the lagoon or water features. (E/PW) 11.08 The applicant/property owners/tenants shall control accumulations of petroleum wastes and other pollutants in the streets and parking areas by frequent sweeping. (E/PW, CDD) 11.09 Tree canopies shall be maintained to provide a minimum clear area under the canopy of six (6) feet. Groundcover areas shall be maintained to provide a maximum height of two (2) feet. The property owner shall provide and conduct regular maintenance of the landscaping to preserve the required plant heights. (POL, CDD) 11.10 The project shall comply with the provisions of the City’s Smoking Ordinance at all times (Chapter 8.05 Regulation of Smoking) including but not limited to prohibition of smoking in all apartment units, condominiums and townhomes with shared common walls, floors or ceilings, their balconies or patios; in all indoor and outdoor common areas of apartment units, condominiums and townhomes including but not limited to lobbies, hallways, stairwells, elevators, escalators, lawns, gardens, balconies, patios, yards and driveways; identifying specifically designated areas (as long as the designated area is not located within thirty feet of an entrance/doorway) with appropriate sign postings to permit smoking unless the owner, proprietor or manager declares the entire property as nonsmoking; and posting ‘no smoking’ signs per the City’s regulations. (POL, CDD) 11.11 The trash enclosure has been designed to facilitate service the trash service that includes the truck operator moving the bins in and out of the enclosure. No staging of bins outside of the trash enclosure shall be allowed, unless some alternative method is approved by the Community Development Director. (CDD) 11.12 Upon occupancy of the project building(s) constructed as part of this Use Permit, the current and future owners shall be responsible for maintaining the accessibility of all accessible paths, parking areas or any other accessible features. (BD) 11.13 Prior to tenant occupancy, a documented program of inspection, testing, for continuous maintenance (ITM) activities of all fire protection and life safety systems, and risk management requirements for building water systems, shall be 338
Resolution No. P- 11 -22 EA2021-0001 submitted and approved by the Chief Building Official and Fire Marshal. The documented program shall be in accordance with the California Fire Code, Title 15 of the Foster City Municipal Code, NFPA 13, 70B, 72, and ANSI/ASHRAE Standard 188. (BD, FIRE) 339
Resolution No. P- 11 -22 EA2021-0001

EXHIBIT B 388 VINTAGE PARK DRIVE MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Implementation Responsibility/Action Timing Monitoring Responsibility/Action Date Completed/ Signature Mitigation Measure TRA-1: Prior to the issuance of a building permit, the project sponsor shall revise the project plans to show either: (1) signage, markings, hardscape, or other suitable treatments to prohibit both inbound and outbound left turns at the existing Chess Drive driveway; or (2) roadway improvements with side-by-side center left turn lanes on Chess Drive that are separated by a hardscape median. A suggested conceptual configuration is shown in Figure 4.3-5 of the Draft EIR. Project Sponsor: Revise project plans so that the project will not result in both inbound and outbound left turns at the project’s Chess Drive driveway Prior to the issuance of any building permit Foster City Public Works Department/ Building Inspection Division: Review revised project plans for consistency with TRA-1 Mitigation Measure NOI-1: The project contractor shall implement the following measures, where feasible, during construction of the project: Electrical power, rather than diesel equipment, shall be used to run compressors and similar power tools and to power temporary structures, such as construction trailers or caretaker facilities. All noise from workers’ radios shall be controlled to a point that they are not Project Sponsor: Include NOI-1 requirements in the contract and performance standards for the project contractor. Project Contractor: Ensure all measures detailed in NOI-1 are implemented. Prior to execution of project contractor contract. Ongoing throughout construction period. Foster City Community Development Department: Make regular visits to the project site to ensure that measures detailed in NOI-1 are implemented 340
Resolution No. P- 11 -22 EA2021-0001

audible at sensitive receptors near construction activity. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Mitigation Measure BIO-1: If possible, the project sponsor shall avoid construction activities during the bird nesting season (February 1 through August 31). If construction activities are scheduled during the nesting season, a qualified biologist shall conduct a pre-construction survey of all suitable nesting habitat (i.e., trees, shrubs, structures) within 250 feet of the project site (where accessible). The pre-construction survey shall be conducted no more than 14 days prior to the start of work. If the survey indicates the presence of nesting birds, protective buffer zones shall be established around the nests as follows: for raptor nests, the size of the buffer zone shall be a 250-foot radius centered on the nest; for other birds, the size of the buffer zone shall be a 50- to 100-foot radius centered on the nest. In some cases, these buffers may be increased or decreased depending on the bird species and the level of disturbance that will occur near the nest. Project Sponsor: Avoid construction activities during the bird nesting season or retain a qualified biologist to conduct a pre-construction survey and establish protective buffer zones as needed if construction must occur during nesting season. Prior to project construction/throughout construction period. City of Foster City Community Development Department Ensure pre-construction survey is completed, if necessary, consistent with requirements of BIO-1. Mitigation Measure BIO-2: A qualified biologist shall conduct a pre-construction survey for roosting bats at all suitable bat roosting habitat (i.e., trees, the unoccupied Project Sponsor: Retain a qualified biologist to conduct a pre-construction Prior to project construction. City of Foster City Community Development Department 341
Resolution No. P- 11 -22 EA2021-0001

building) within the project area within 14 days prior to the beginning of project-related activities. If active bat roosts are discovered or if evidence of recent prior occupation is established, a buffer shall be established around the roost site until the roost site is no longer active. Before any construction activities begin in the vicinity of the identified bat roosts on the project site, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of the bats and their habitat, the specific measures that are being implemented to conserve the bat roosts for the current project, and the boundaries within which the project may be accomplished. Brochures, books, and briefings may be used in the training session. If an active bat roost is identified and would be impacted by the project, CDFW shall be contacted to determine the best methodology for removing the roost and to determine appropriate mitigation (if needed), which may include the construction of a new bat roost within the project area. survey for roosting bats, establish protective buffer zones as needed, and to conduct a training session for all construction personnel. Ensure pre-construction survey is completed, any necessary protective buffer zones are established, and a training session is conducted for all construction personnel, consistent with requirements of BIO-2. 342
Resolution No. P- 11 -22 EA2021-0001 EXHIBIT C 388 VINTAGE PARK DRIVE TRANSPORTATION DEMAND MANAGEMENT PLAN Prepared by Kimley Horn, September 23, 2021 TDM # TDM Measure Description1 Free/Preferential Parking for CarpoolsThe project has allocated a total of 14 preferred parking spaces, which includes clean air, vanpool, and electric vehicle spaces.2 TDM Coordinator/Contact Person Designated TDM Coordinator would facilitate the TDM program.3 Actively Participate in Commute.org, or Transportation Management Association (TMA) EquivalentHelios Real Estate Partners to coordinate with the building tenant and obtain certification of registration from Commute.org or similar TMA incorporation documents.3a Certified participation in Commute.org, or equivalent program such as TMA Once registered to Commute.org, employees will have access to these resources to assist with determining optimal mode of transportation. 3b Commute assistance and ride-matching3c Shuttle Program/Shuttle Consortium/Fund Transit Service 3d Guaranteed Ride Home 3e Orientation, Education, Promotional Programs and/or Materials 4 Carpool or Vanpool Program The project to provide a carpool or vanpool program for employees and register program with Commute.org for active users to become eligible for fiscal rewards.5 Transit or Ridesharing Passes/Subsidies Distribute transit passes, subsidized transit passes, or carpool/vanpool subsidies that is equivalent to 30 percent of their monthly fare value or $50 monthly.6 Pre-Tax Transportation Benefits Provide employees the option to participate in a pre-tax transit program and use pre-tax income to pay for commute cost.7 Secure Bicycle Storage The project will provide enough bicycle parking spaces to meet the minimum CalGreen requirements.8 Showers, Lockers, and Changing Rooms for Cyclists Provide showers and changing rooms for those walking/bicycling to work. The project is expected to provide 4 showers, lockers, and changing rooms.9 Design Streets to Encourage Bike/Ped AccessProvide bicycle and pedestrian access on-site. 10 Reduced Parking Project proposes to provide 210 parking spaces and is more than 10% less than the 320 required parking spaces based on the City's Municipal Code. 343
C:\Users\etolentino\Desktop\Appeal Form.doc

APPEAL FORM
You may complete this form if you wish to appeal a decision of the Community Development Director or Planning Commission or you may submit a letter containing information in accordance with Section 17.06.150 of the Foster City Municipal Code.

Please note: All appeals must be filed within ten (calendar) days after the decision of the Community Development Director or Planning Commission. The appeal must be in writing and must provide information addressing all of the items below to be considered complete. The required appeal fee as adopted by the City Council must accompany an appeal to the Planning Commission of a decision of the Community Development Director (Planning Director) or an appeal to the City Council of a decision of the Planning Commission or it will be considered incomplete. Prior to submitting your appeal, please check with staff regarding the amount of the appeal fee due.

1. Appellant ___________________________________________________________________________ (Your name, phone # __________________________________________________________________ and address) _________________________________________________________________________

2. Address of project ____________________________________________________________________

3. Brief project description _______________________________________________________________ (Improvement requested by property owner)

4. Brief description of decision being appealed ________________________________________________

5. Relief or action sought _________________________________________________________________ (Reversal of decision or change in conditions of approval, etc.)

6. Basis for the appeal. (A) List all findings made by the Planning Director or Planning Commission in the decision you are appealing. (B) Provide a written statement indicating which findings you contend were made in error and why. You may attach other sheets. Please attach all documentation supporting your request.
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ______________________________
Signature
______________________________
Date
Attachment: Section 17.06.150 of the Foster City Municipal Code

___________
__________
Peter Banzhaf - Helios
ATTACHMENT 4
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1 July 18, 2022

To the City Council of Foster City

Honorable Mayor Awasthi and Council Members

Request for Appeal of Planning Commission Denial Regarding the Proposed Development of 388 Vintage Park Drive

SteelWave and Helios Real Estate Partners (the “Applicant”) have partnered in a joint venture to redevelop 388 Vintage Park Drive (the “Property”) in Foster City (the “City”) from a vacant retail parcel into a new Class-A research and development facility (the “Project”). The Planning Commission’s recommendation of denial at the most recent Public Hearing on July 7 th, 2022, does not reflect the strong support from the larger Foster City community and the recommendation of approval from City Staff. In addition, the Planning Commission did not make any legal denial findings for the Project. As such, the Applicant appeals the Planning Commission’s denial of the Project’s Use Permit and denial recommendation on the General Development Plan Amendment. See attached appeal justifications and findings in support of the Project.

Background

The Project is located on 2.2-acre lot with a former restaurant building vacant since 2018 and once occupied by an El Torito restaurant. Despite diligent efforts over several years of marketing the building for another tenant both while El Torito was filing for bankruptcy at this location and after the Property was vacant, the former owner was unable to secure a restaurant user for the building and decided to sell the Property. 1

BAE Urban Economics (“BAE”) found that the Property, because of a lack of visibility, proper circulation, and other site constraints , would not support either a standalone or mixed -use restaurant.2 BAE also performed a financial feasibility study that analyzed the viability of a mixed used life science and restaurant building , and a residential development. BAE concluded tha t neither alternative would be viable .3 These findings were peer reviewed and confirmed by Harris and Associates, an independently hired City consultant.4 Site characteristics for this particular location cause the Property to be at a significant disadvantage relative to other nearby restaurants and retail sites such as Bridgepointe Shopping Center that have direct visibility and access from the public realm. It is for these reasons that th is particular El Torito location failed while other El Torito locations remained in business and why the previous ownership failed to secure a different restaurant tenant despite considerable efforts over a multi-year marketing campaign.

The record demonstrates that the Property does not match the needs of today’s modern restaurant, which has been stated by restaurant operators. Therefore, the Project does not result in the loss of a restaurant, but rather repurposes a vacant site that cannot support a viable restaurant.

As a mixed-use site, the Project would not be able to accommodate the parking needs of a restaurant and life science facility at the 1.0 FAR allowed by the General Plan. The site is not large enough for a standalone parking facility and has poor soils which, in addition to the challenges presented by the small site, make below-grade parking infeasible. Further, the additional trip counts generated by two uses onsite would likely create a detrimental impact on nearby traffic patterns.

1 Letter from Owner of El Torito Building, dated November 11, 2020 2 BAE Urban Economics, Market Demand Analysis Prepared for the City of Foster City, dated December 21, 2020 3 BAE Urban Economics, Alternative Development Scenarios for 388 Vintage Park Drive, Foster City, CA, dated October 19, 2021
4 Harris & Associates, Peer Review of Alternative Development Scenarios for 388 Vintage Park Drive, Foster City, Ca, dated October 21, 2021
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2 The conclusion of these studies and the feedback from various stakeholders, notwithstanding the actions of the Planning Commission, has been overwhelmingly positive and supports the Project as proposed. The Project has been thoroughly evaluated by City Staff and its professional consultants. City Staff has determined the Project application to be complete and recommends approval of the Project as propo sed.

The Applicant greatly appreciates the hard work and time that City Staff have committed to the Project.

Project Provides Significant Benefits

The Project provides the following benefits to the community:

Removal of Blight. The Project would replace a blighted Property located behind a mature landscaped Vintage Park Community Association (“VPCA”) green space on the corner of the intersection of Chess Drive and Vintage Park Drive with a new Class-A facility of high architectural quality. The Project would stand set back from the entrance to the Vintage Park Neighborhood, an Office/Research Park as defined by the General Plan.5

Large Affordable Housing Commercial Linkage Fee Payment. The Project will bring a mix of new jobs to the City that would support existing businesses, while marginally increasing the demand of housing by up to 17 units within Foster City according to the Environmental Impact Report (“EIR”) prepared by LSA.6 Note that this projection is not offset by the housing demand from an operational restaurant.

City Staff also confirmed in the supplemental memo to the July 7th Staff Report that the housing demand created by the Project has already been taken into consideration in the recently approved RHNA study.7 In addition, the Project is expected to pay an Affordable Housing Commercial Linkage Fee of approximately $2.4 million . The jobs housing imbalance in Foster City is an important topic to the Applicant, who has been an active City community participant for decades.

Significant New Gen eral Fund Revenue to City . A fiscal impact report by BAE Urban Economics showed that the Project provides a positive impact to the Foster City General Fund, generating approximately $286,000 per year in annual tax revenue. These tax revenues to the City would be unrestricted and could be used for General Fund purposes. Over ten years, the nominal value of th e positive ongoing net fiscal impact, along with one -time City revenues from property transfer tax, and Affordable Housing Commercial Linkage Fees would total nearly $5 million.8

Fewer Vehicle Trips than a Restaurant. The EIR prepared by the City’s consultants, LSA and Fehr and Peers, found in section 5.2.2.3 that the Project as proposed would reduce peak trip traffic counts when compared to an operational restaurant, representing a reduction in pre -pandemic City traffic. The reason that the Project as proposed does not have a significant traffic impact per the EIR is because R&D/life science facilities have low employee density. Importantly, it can be inferred that a mixed used building of life science and restaurant use would have a significantly greater impact to City traffic because trip counts from a restaurant would be added to those of a R&D/life science facility and greatly exceed trip counts generated by a single use, either R&D/life science or restaurant alone .9

Lower Water Use than a Restaurant . A survey by Meyers+ Engineers of six operational life science buildings of equivalent size and use to the Project showed that the Project is forecasted to use less water than the actual historic water meter readings of the El Torito restaurant when it was occupied, representing a reduction in City water demand. Please see attached water demand analysis.

5 Foster City General Plan, adopted February 1, 2016
6 LSA, 388 Vintage Park Drive Project Environmental Impact Report, dated December 2021 7 Supplemental Memo, Dated July 7, 2022
8 BAE Urban Economics, Fiscal Impact Analysis Report for Proposed Foster City Life Sciences Project, dated December 21, 2020
9 LSA, 388 Vintage Park Drive Project Environmental Impact Report, dated December 2021 352
3 No Significant Environmental Impacts . The EIR found that the Project has no significant environmental impacts. The Planning Commission unanimously approved the recommendation for City Council to certify the EIR as written. The Planning Commission and the VPCA both agree that the Project’s aesthetics are appealing and would be complementary to the surrounding uses. Several letters, emails, and phone calls have been sent/made to the City in support of the Project as proposed.

Union Support/Voluntary Prevailing Wage

Over ten union representatives attended and/or spoke in favor of the Project at the May 5 th Planning Commission hearing, demonstrating a deep level of support from construction trades. To this end , the Applicant has committed to building the Project with a majority of the skilled labor as union labor, as stated in the May Planning Commission hearing. Nevertheless, the Planning Commission focused on building the Project with prevailing wage labor. After two years of outreach and public meetings the only negative public feedback about the Project was from a local carpenters’ union. The Applicant, while legally not required, is willing to voluntarily build the entire Project with prevailing wage and include a preference towards local hire labor should the City Council desire it.

Extensive Community and City Outreach

SteelWave (formerly Lincoln Property Company) has been an active participant in the Foster City community for over 40 years. As part of the due diligence prior to purchasing the Property, the Applicant inspected the Property, met with various community members, In terdepartmental Evaluation Committee (“IDEC”), and the Vintage Park Community Association (“VPCA”) to solicit feedback.

Encouraged by the City Staff, the Applicant funded 3 rd party preparation of several analyses including a fiscal impact analysis, a market demand study, a water demand study, and a parking demand study. The Applicant also received letters of support and/or calls to the City from the VPCA, the Chamber of Commerce, neighbors, and residents. These efforts were made to help inform the City Council about the Project and its benefits, so that the Applicant could solicit feedback from the City Council at a Gatekeeper hearing prior to buying the Property.

The Applicant continued its community outreach after the City Council gatekeeper hearing. The Applicant met bi-monthly with the VPCA to ensure that all feedback from the VPCA and City Staff were incorporated into the Project properly. The Applicant met with Chamber of Commerce members routinely to ensure that the business community truly felt that the Project would be a benefit to the Foster City community. The Applicant also met with local residents and City officials throughout 2021 and 2022.

Conclusion

The Applicant, City Staff, and the community believe that the Project as proposed would be a great addition to Foster Cit y and respectfully request that the City Council certify the Project’s EIR. Additionally, the Applicant seeks reversal of the denial by the Planning Commission with respect to the Specific Development Plan/Use Permit and that the City Council adopt an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan for the Vintage Park area to replace the infeasible restaurant use with research and development use. As such, we respectfully request that you please consider all of the Project’s benefits to the greater Foster City community and the overwhelming support that the community has for the Project as proposed and approve the Project.

Sincerely,

388 Vintage Park Drive Project Team:

Ben Yu and Steve Dunn, SteelWave
Peter Banzhaf and Brian Cason, Helios Real Estate Partners

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4 Renderings and Site Plan

VPCA Property
The Project
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5 Appeal Justifications and Proposed Findings

With respect to the basis for the appeal of the Specific Development Plan/Use Permit , the Planning Commission did not make any legal findings to deny the Project. However, several verbal statements were made at the July 7 th, 2022, Planning Commission hearing specific to how the Project may not meet the intent of the City of Foster City’s General Plan. The Applicant agrees with City Staff’s recommendations to the Planning Commission that the Project meet s the intent of the General Plan and that the City Council should make these findings in support of the Project, in that it would:

a. be consistent with Research/Office Park General Plan Land Use designation of the subject site; b. redevelop an underutilized site and provide for economic de velopment consistent with Land Use Goals LUC-I and LUC-K, and Policy LUC-D-1;
c. promote sustainability through redevelopment of a vacant, urban site, construction of an energy efficiency building consistent with Policies LUC-H-1 and LUC-H-5; d. incorporate high-quality architectural design and materials, providing a fresh statement for the neighborhood in a contemporary style and is in keeping with recently approved Gilead lab office buildings in the Vintage Park neighborhood consistent with Land Use Goal LUC-B; and e. provide for adequate on-site parking for safe and effective circulation, consistent with Land Use Goal LUC-G and Policy LUC-G-1.

The Project would be compatible with the site’s environment with respect to use, forms, materials, colors, setbacks, location, height, design or similar qualities as specified in Chapter 2.28 (Planning) of Title 2, Administration and Personnel, and Section 17.58,010 of Chapter 17.58 (Architectural Control and Supervision) of Title 17, Zoning, of the Foster City Municipal Code because the proposed 124,395 square foot outdoor R&D office building would:

a. be positioned in a similar location as the current vacant El Torito restaurant building, with a main frontage along Vintage Park Drive, and with sufficient setbacks that provide for significant landscaping along Vintage Park Drive. The wraparound outdoor terrace is carved at the southeast corner of the proposed building to break the building mass and the result is a reduction in the perceived height of the building from both Vintage Park Drive and Chess Drive;
b. have a distinct base, body, and top as recommended in the Vintage Park Design Guidelines. The building design incorporates high- quality materials, providing a fresh statement for the neighborhood in a contemporary style and is in keeping with recently approved Gilead lab office buildings in the Vintage Park neighborhood;
c. include a distinct entry plaza and lobby on Vintage Park Drive that reinforces the character or the area and connects the building to pedestrian circulation and outdoor areas; d. maintain existing sidewalks and use existing ingress/egress to the site; e. include 22,000 square feet of open space across the site that will include trees and plan materials of varying sizes and forms, placed for interest, to reinforce smaller, more intimate spaces, screen other areas, and for connectivity; and
f. implement the elements goals and design elements of the Vintage Park Design Guidelines.

The Project would not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort , and general welfare of the persons residing or working in the neighborhood of such proposed use, and will not be injurious or detrimental to property and improvements in the neighborhood, property values in the area, or the general welfare of the City because:

a. the environmental impacts likely to result from the proposed building were adequately analyzed in the Environmental Impact Report prepared for the Project. Implementation of Standard Conditions of Approval and Mitigation Measures identified in the EIR, the Project would not result in any significant impacts under CEQA; and
b. the building will not cause any significant solar, visual or other adverse long term impacts on adjacent or neighboring properties or adversely affect property values; the building will be compatible with surrounding buildings and will comply with the commerci al intent and purpose of the zone in which the building will be located, consistent with the intent and purpose of the City’s Architectural Control and Supervision Ordinance as stated in Section 17.58.010B of the Foster City Municipal Code. 355
6 Given that sub stantial evidence supports findings to approve the Use Permit, the Planning Commission erred when it denied the Use Permit with no legal findings to deny the Project . The above listed findings support the reversal of the Planning Commission’s d ecision, especially considering the substantial community benefits that the Project would provide, as noted earlier in this appeal.

With respect to the Rezoning/General Development Plan, the proposed Rezoning/General Development Plan Amendment will be in furtherance of and in accordance with the General Plan of the City of Foster City because the Project will:

a. be consistent with the Research/Office Park General Plan Land Use designation of the subject site; b. redevelop an underutilized site and prov ide for economic development consistent with Land Use Goals LUC-I and LUC-K, and Policy LUC-D-1;
c. promote sustainability through redevelopment of a vacant, urban site, construction of an energy efficiency building consistent with Policies LUC-H-1 and LUC-H-5; d. incorporate high -quality architectural design and materials, providing a fresh statement for the neighborhood in a contemporary style and is in keeping with recently approved Gilead lab office buildings in the Vintage Park neighborhood consistent with Land Use Goal LUC-B; and e. provide for adequate on-site parking for safe and effective circulation, consistent with Land Use Goal LUC-G and Policy LUC-G-1.

After demolition of the vacant blighted restaurant space, t he total square footage of Rese arch and Development in the Vintage Park General Development Plan area will increase by approximately 125,000 square feet which will not be detrimental to present and planned surrounding uses because, although it would intensify the size of the building on the existing site, the redeveloped use would be compatible with surrounding land uses.

Existing and proposed utility services and facilities and other public improvements such as fire and police protection; school services; open space and recreation; w ater supply; wastewater treatment; solid waste and electricity, gas and telecommunications are adequate for the proposed R&D building as analyzed in the Initial Study and Draft EIR.

a. Fire Service. SMC Fire that currently serve the Project area have suf ficient staffing and capacity to continue serving the site without reducing average response times to the site or vicinity. The Project would also be required to meet all applicable fire code regulations. b. Police Service. The existing number of sworn officers can serve the Project. c. The anticipated increased demand school, open space or recreation facilities are minimal and would not require the expansion of existing facilities.
d. Anticipated water requirements or wastewater discharges are expected to be less than the previous restaurant use and will not require the expansion of the existing systems. This Project was included in the Foster City/EMID 2020 Urban Water Management Plan.
e. The amount of solid waste generated will not substantially shorten the life of the landfill; and f. Other utilities serving the Project are expected to be adequate.

While the Project will provide 210 parking spaces where 309 are required under the Foster City Municip al Code, a Parking Needs Study concluded that overall parking demand without any TDM would range from 168 spaces to 207 spaces, and with 15% non -auto use/TDM would range from 143 to 176 spaces. The project TDM Plan concluded that implementation of plan would result in a 44% reduction of vehicle trip, exceeding the 35% threshold set by C/CAG TDM Policy Update. The proposed parking would be adequate to serve the Project. Off -street parkin g requirements in a PD district allows for deviation from the total number of required to allow for greater flex ibility in required parking capacity tailored to individual projects and trends in mobility options.

For these reasons and due to the Project’s extensive benefits, the City Council should (1) certify the EIR and (2) grant (a) the appeal and (b) the request to consider the General Development Plan, so as to approve the Project, including all requested entitlements.

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7 Water Demand

El Torito used an average of 114,440 gallons of water per month according to water meter readings surveyed from 2013 to 2018. The Project does not yet have an identified life science tenant . In order to calculate demand for a future occupancy, six independent occupied life science buildings that had similar square footage to the proposed Project were surveyed. The av erage monthly gallons per square foot of those operational buildings was approximately 1.13 gallons per month , per square foot. Applying this measurement of 1.13 gallons per month, per square foot to the Project of 95,931 square feet indicates an average anticipated usage of 108,235 gallons per month.

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sierraclub.org/loma-prieta ~ 3921 East Bayshore Road, Suite 204, Palo Alto, CA 94303

SAN MATEO, SANTA CLARA & SAN BENITO COUNTIES
August 1, 2022
Mayor and City Council
City of Foster City
Via email: [email protected]
RE: 388 Vintage Park Drive, El Torito Site
Mayor Awasthi and Council members,
The Sustainable Land Use Committee of the Sierra Club Loma Prieta Chapter (SLU) advocates on land use issues in San Mateo and Santa Clara Counties.

On behalf of the Sierra Club, we recommend that the City Council rule against land use approval for a life science building at the former El Torito building due to concerns of jobs to housing im- balance, traffic, and losing community amenities. We also recommend establishing Bio-Safety levels for laboratories that may be housed in this speculative building if it should proceed.

We request that you consider some of the concerns that have been raised regarding the proposed development.

1. Jobs-housing balance. Foster City is already struggling with a jobs-housing imbalance. This office building / lab building will exacerbate that imbalance. What amount of housing will the project provide to offset the housing demand it is causing?
As discussed in the supplemental memo, the 95,930 sf building is expected to create “200 plus jobs”. Each job represents a person and each person will need a home which equates to a housing need of 100 or more housing units1 for 200 people. This is specifically in contradiction to the Foster City General Plan Land Use Element LUC-C-2 calling for jobs-housing balance and mixed-use projects that provide both housing and employment opportunities.

2. Transportation Demand Management (TDM) shows that bicycles will provide a significant amount of the transportation anticipated. However , there is no safe bicycle route per the Environmental Impact Report prepared by LSA. It notes local bike access as “having a high Level of Traffic Stress.” Further that such bikeways are “only tolerated by a few, primarily those who could be described as ‘strong and fearless’.” (A.4.3-4) A.4.3-4 further notes in footnote #1 that there are “no unbuilt proposed bicycle facilities in the vicinity of the project site”. Bicycle related deaths are on the rise because of unsafe bike routes. Foster City had a 78 year old man killed on [1]1.5 to 2.0 jobs per housing unit
ATTACHMENT 5
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sierraclub.org/loma-prieta ~ 3921 East Bayshore Road, Suite 204, Palo Alto, CA 94303

his bike in 2018. Foster City General Plan element LUC-E-2 #1 calls for complete streets and this project is not serviced by safe or secure transit for the methods of transit expressed in the TDM.

This TDM should not be accepted without safe bike routes being required as a benefit.

3. Change of use from restaurant to Office/Lab. Having retail in this area, especially a restaurant, reduces driving as this is an office area with housing nearby. The area lacks sufficient facilities to service the number of office workers. This fails Foster City General Plan Land Use Policy LUC-I in that it does not (per section #3 of LUC-I) assure the availability and diversity of resident serving goods and services. In fact, this project decreases such availability. It also fails LUC-I #4 to allow for specialized commercial uses, and LUC-I #2 as it doesn’t decrease intra city commuting. The presence of extensive intra-city commuting creates an impact on residents, traffic, and further exacerbates intersections ranked F . Further LUC-D-1 reads “Provide enough land for commercial and industrial uses to allow for the retention and development of commercial establishments that provide basic goods and services to Foster City residents.” This project does not provide basic goods or services to Foster City residents. In fact, it removes such goods and services in the form of local restaurant space supported during the work week by local business and evenings and weekends by the residents of Foster City.

4. Numerous other General Plan policies are misapplied in the recommended resolutions presented to the planning commission.
a. LUC-K is misapplied. LUC-K references Chess Drive/Hatch Drive. This project is not at that intersection. Significant projects represented millions of square feet of development are already in process at Chess & Hatch and the cumulative impacts of those project need to be considered in any reports for this project as they already have development agreements.
b. LUC-B is misstated in city resolutions. The project is not a Giliad project. If it were, the TDM along with Giliad’s strong transit bus system could be used to mitigate impacts.

5. Bio-Safety Concerns: Biotech labs have 4 levels of bio-safety . While bio-safety Level 1 has no major separation concerns, bio-safety Level 2 thru 4 require definite separation requirements especially from residential areas, from areas with vulnerable populations such as schools and senior facilities, and from ecologically sensitive areas such as the Bay and wetlands.

The Life Sciences building is a speculative development and there is currently no specified level of Bio-Safety for the labs that will be housed here and none proposed for a Development Agreement. Many cities are unaware of the risks for the community in locating biotech labs in proximity to housing and sensitive uses like schools, senior facilities and ecologically sensitive areas. This is especially important where seismic activity may damage the structures and damage critical infrastructure; since Foster City soils are subject to liquefaction during an earthquake.

Biotechnology labs are a new phenomenon in most Bay Area cities. In the past, zoning has usually not allowed industrial, commercial, and residential areas to intermix. Recently, mixed use is taking the forefront in order to allow people to live near where they work, for transportation reduction reasons. Since biological research involves infectious agents, bio-safety labs at levels 2 through 4 need defined Land-Use separation requirements. 359
sierraclub.org/loma-prieta ~ 3921 East Bayshore Road, Suite 204, Palo Alto, CA 94303

Most labs are being developed in manufacturing zones because existing zoning rules limit the most intensive uses, such as hazardous chemicals and bio-manufacturing, to these zones. A municipality should determine whether the zoning for the parcels allows research and development, laboratory, chemical and biological manufacturing or/and office uses. Many zoning bylaws do not specifically list those uses or do not allow them in the same district.

Towns that have considered Bio-Safety have put in place separation requirements for labs with hazardous agents above Bio-Safety Level One. All airport Land Use Plans have restrictions for uses above Bio-Safety Level One. Foster City should consider Foster City General Plan LUC-F-9, 10, 10-a and D-11 in this project in light of these Bio-Safety recommendations.

In the Bay Area, cities are starting to establish these public health and safety related separations.

Berkeley and San Francisco2 have separation based on their zoning and required separation from residential areas. In addition, since this site is adjacent to a San Mateo site with mixed use, we recommend a required minimum separation from residential areas in adjoining San Mateo City for biotech labs above Level One.

Respectfully submitted,

Gita Dev, Co-Chair
Sustainable Land Use Committee
Sierra Club Loma Prieta Chapter

Cc: [email protected]
[email protected]
Marlene Subhashini, Planning Director, [email protected] James Eggers, Senior Chapter Director, Loma Prieta Chapter Sierra Club Gladwyn d’Souza, Conservation Committee Chair, Loma Prieta Chapter Sierra Club

[2]https://sfgov.org/sfc/biosciences/Modules/FinalBIOSCIENCE021505__3119.pdf?documentid=1824 360
1 Thai-Chau Le
Planning Manager
Planning/Code Enforcement and Building Division
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
RE: 388 Vintage Park Drive Response to Sierra Club Loma Prieta Chapter Letter To The Planning/Code Enforcement and Building Division of the City of Foster City:

SteelWave and Helios Real Estate Partners (“the Applicant”) propose to construct a new Class -A Life Science office building with 95,931 square feet located at 388 Vintage Park Drive in Foster City, CA (“the Project”). The Applicant understands that the City recently received a letter from the Loma Prieta Chapter of the Sierra Club regarding the project. This letter makes several points that are not accurate. This letter responds to the points made by the Sierra Club with the proper data from the City’s General Plan and the Project’s EIR that was professionally prepared by LSA and Fehr and Peers.

1. Jobs-housing balance. Foster City is already struggling with a jobs-housing imbalance. This office building / lab building will exacerbate that imbalance. What amount of housing will the project provide to offset the housing demand it is causing?
The Project’s EIR thoroughly examined the population impact of the Project and found that the Project’s impact on population and housing is less than significant. See the Project’s Initial Study at pages 3-49 to 3-50, included in the EIR as Appendix B which states, “…the proposed project would result in approximately 17 employees that could live in Foster City. Assuming that these employees would not be existing Foster City residents, the proposed project could potentially increase demand for housing in Foster City by 17 units. However, this determination is likely a n overestimate, as new jobs created would reasonably be expected to attract existing City residents due to lifestyle advantages and shortened commutes. Additionally, employees would likely commute from various communities throughout the Bay Area due to th e proximity of SR 92 and US 101.

Furthermore, with a total construction duration of approximately 17 months, it is unlikely that construction workers would relocate to Foster City due to this individual project.

Therefore, the proposed project would not directly or indirectly induce substantial population growth on the site or in the surrounding area through the increase in employment on the site, and this impact would be less than significant.” As discussed in the supplemental memo, the 95,930 sf buildi ng is expected to create “200 plus jobs”.

Each job represents a person, and each person will need a home which equates to a housing need of 100 or more housing units for 200 people. This is specifically in contradiction to the Foster City General Plan Land Use Element LUC-C-2 calling for jobs -housing balance and mixed -use projects that provide both housing and employment opportunities.

ATTACHMENT 6
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2 While the Project is anticipated to create “200 plus jobs,” the Project’s EIR demonstrates that the Project would only potentially result in approximately 17 employees living in the City. The comment does not acknowledge the substantial increase in housing expected to be constructed in the City which could accommodate the new employees. Nor does the comment acknowledge the Project’s substantial payment of the Affordable Housing Commercial Fee that would go toward the creation of housing within the City.

It is important to note that the Project’s housing demand did not subtract the housing demand of an operational restaurant. Had the housing demand for a large restaurant been considered there would be an even smaller incremental increase in demand for housing.

2. Transportation Demand Management (TDM) shows that bicycles will provide a significant amount of the transportation anticipated. However, there is no safe bicycle route per the Environmental Impact Report prepared by LSA. It notes local bike access as “having a high Level of Traffic Stress.” Further that such bikeways are “only tolerated by a few, primarily those who could be described as ‘strong and fearless.” (A.4.3-4) A.4.3-4 further notes in footnote #1 that there are “no unbuilt proposed bicycle facilities in the vicinity of the project site”. Bicycle related deaths are on the rise because of unsafe bike routes. Foster City had a 78 year old man killed on his bike in 2018. Foster City General Plan element LUC-E-2 #1 calls for complete streets and this pro ject is not serviced by safe or secure transit for the methods of transit expressed in the TDM. This TDM should not be accepted without safe bike routes being required as a benefit.

To the extent that the commenter argues that “safe bike routes” should b e provided in the Transportation Demand Management (“TDM”) Plan, the commenter has provided no substantial evidence of any inadequacy with respect to the Project’s TDM Plan. The TDM Plan gives zero credit to the bicycle or walking category and achieves the required trip reductions by other means.

Per Fehr and Peers Transportation Demand Management Plan Evaluation for 388 Vintage Park Drive Memorandum dated October 18 th, 2021, that while C/CAG Required TDM Measures are included in the TDM s tudy, no credit was given in the bicycle or walking category. Despite not being given credit for the included bicycle rooms and proposed showers, the Project still meets the required VMT reduction.

The reduction is met through the inclusion of last mile shuttle programs, commute programs, and ride match programs, which have all been shown to be highly successful in the City per Matt Goyne of Fehr and Peers in a presentation to the Planning Commission on July 7 th, 2022. The Project is required to reduce V MT by 10 percent to have a less than significant impact under SB 743 and meets this goal by other means and states “Based on this assessment, the Project’s TDM plan could reduce 10 percent of Project home -based work VMT per employee, allowing it to reduce VMT to a less than significant level .” Most importantly, the Project would participate in an ongoing monitoring program to ensure that the TDM is working properly, as stated by City Staff in the July 7th, 2022, Planning Commission meeting, and as required by draft Planning Commission Resolution UP2021-023 condition 11.06. This ongoing monitoring provides the City the ability to inspect the TDM and enforce its measures.

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4 3. Change of use from restaurant to Office/Lab. Having retail in this area, especially a restaurant, reduces driving as this is an office area with housing nearby. The area lacks sufficient facilities to service the number of office workers. This fails Foster City General Plan Land Use Policy LUC -I in that it does not (per section #3 of LUC-I) assure the availability and diversity of resident serving goods and services.

In fact, this project decreases such availability. It also fails LUC-I #4 to allow for specialized commercial uses, and LUC-I #2 as it doesn’t decrease intra city commuting.

The commenter claims that the area lacks sufficient facilities to serve the number of office workers, but fails to provide any evidence to support this claim. The prior restaurant use failed as it was not economically feasible for the prior restaurant to continue operations. Moreover, efforts at leasing the shuttered restaurant to a new restaurant operator also failed. Given that there are other restaurants in the area, there is no factual basis provided to conclude that there is a shortage of restaurant space in the area.

LUC-I falls under Chapter 5 – Economic Development. The commenter’s statements ignore the purpose of Chapter 5, “Fiscal health and business development are critical objective of Foster City.

Goals, Policies and Programs aimed at economi c development help maintain successful businesses, and therefore encourage a strong tax base, service, and fiscal sustainability.”

A restaurant site that cannot be lease d due to fundamental site constraints does not meet the purpose of Chapter 5 Economic Development and does not create sales tax revenue for the City.

An empty building promotes blight and crime, which in turn reduces the viability of neighboring businesses. The Applicant has had several break ins, vandalism, and looting since submitting the planning application. By providing tax revenue and job opportunities to the City’s residents, the Project would help the City assure resident services in a way that the existing multi -year vacant site does not.

In addition, BAE found in a December 21, 2020, fiscal impact report that was presented to the City Council that the Project would generate $7.3 million in fiscal benefit to the City over 10 years .

This substantially more fiscal benefit than either a vacant building ($108,000 over 10 years) or occupied restaurant ($764,000 over 10 years). These fiscal benefits are i llustrated in the BAE study shown in below. It should be noted t hat this BAE study was author ed before the mo st recent increase in Commercial Linkage Fees and other Impact Fees so the total dollar amount would be more than what is stated.

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5 The presence of extensive intra -city commuting creates an impact on residents, traffic, and further exacerbates intersections ranked F.

This comment ignores the traffic -related conclusions in the EIR which find that the proposed Project would create substantially less trip traffic (a restaurant creates 63% more) including less PM Peak Hour trips. A comparison against traffic impact of other uses was conducted in the EIR and the conclusion reached was that the proposed use would create less traffic impac t than any other alternative. Further, there is no evidence that more inter-city commuting would occur as a result of the Project versus alternatives.

Further LUC -D-1 reads “Provide enough land for commercial and industrial uses to allow for the retention and development of commercial establishments that provide basic goods and services to Foster City residents.” This project does not provide basic goods or services to Foster City residents. In fact, it removes such goods and services in the form of local restaurant space supported during the work week by local business and evenings and weekends by the residents of Foster City.

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6 The Project is not removing an existing restaurant. This comment ignores the fact that the former restaurant on the site failed and received no interest from successor restaurant groups while it sat vacant for years. The former El Torito underperformed, failed, and vacated in 2018. Feedback was presented to the City from existing restaurant operators which cited that 388 Vintage Park Drive does not have the qualities of a viable restaurant site due to its poor visibility and poor circulation inside an office/research & development business p ark. In contra st, successful restaurant locations located within retail centers such as Bridgepointe Shopping Center and the Panera Bread anchored retail center were thoughtful ly designed to be highly visible at key intersections and benefit from the significant traffic flow coming from high volume retailers such as Target, Bed, Bath & Beyond, and Home Depot.

4. Numerous other General Plan policies are misapplied in the recommended resolutions presented to the planning commission.
a) LUC-K is m isapplied. LUC -K references Chess Drive/Hatch Drive. This project is not at that intersection.

The Project is located in the Vintage Park neighborhood. However, access to the site is achieved via Chess Drive as a primary ingress and egress point. The intent of LUC-K to the encourage the redevelopment of under -utilized properties and/or outdated buildings in ol der commerial/industrial areas of the City. Chess Drive/Hatch Drive is a specificly targeted area, but not exclusive in this context. There is no misapplication as asserted by the commenter.

Significant projects represented millions of square feet of development are already in process at Chess & Hatch and the cumulative impacts of those project ne ed to be considered in any reports for this project as they already have development agreements.

The EIR did study all k nown projects and their cumulative impacts . Please see Table 8 from the EIR below.
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7 b) LUC-B is misstated in city resolutions. The project is not a Gilead project. If it were, the TDM along with Gilead’s strong transit bus system could be used to mitigate impacts.

One of the primary responsibilities of the City’s Community Development Department is to ensure high quality site planning and architectural design is maintained for all new development. The Planning Commission found in the August 2021 Study Session that the Project related well to the surrounding land use and buildings. Since the majority of Vintage Park is Gilead’s campus, the 367

8 relationship of the project to the larger Gilead campus is important so that the Project fits into the neighborhood. There is no misstatement as asserted by the commenter. See excerpt from Meeting Minutes.

5. Bio-Safety Concerns: Biotech labs have 4 levels of bio-safety. While bio-safety Level 1 has no major separation concerns, bio-safety Level 2 thru 4 require definite separation requirements especially from residential areas, from areas with vulnerable populations such as schools and senior facilities,

Vulnerable populations were studied as part of the EIR. No vulnerable populations such as schools are located in proximity to the proposed project.

and from ecologically sensitive areas such as the Bay and wetlands.

The project is located within an established office/research & development park, which does not contain any ecologically sensitive areas such as the San Francisco Bay or wetlands.

The Life Sciences building is a speculative development and there is currently no specified level of Bio- Safety for the labs that will be housed here, and none proposed for a Development Agreement. Many cities are unaware of the risks for the community in locating biotech labs in proximity to housing and sensitive uses like schools, senior facilities, and ecologically sensitive areas.

The Project is not located in proximity to sensitive uses stated . The City is no stranger to biotechnology companies. Gilead has been in Foster City since 1988 and is located directly adjacent to the Project both to the North and to the East.

This is especially important where seismic activity may damage the structures and damage critical infrastructure since Foster City soils are subject to liquefaction during an earthquake.

The Project is being built on a deep pile foundation to mitigate the soil conditions. Section 3.7 of the EIR analyzed geological issues and found that all geological impacts would be less than significant or would have no impact.

Biotechnology labs are a new phenomenon in most Bay Area cities.

Life Science companies have been in Foster City since 198 0’s. Foster City actually has a larger share of its commercial R&D and office space occupied by biotechnology users than perhaps any Bay Area city other than South San Francisco. As such, biotechnology is not a new phenomenon in this Bay Area city.

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9 In the past, zoning has usually not allowed industrial, commercial, and residential areas to intermix.

Recently, mixed use is taking the forefront in ord er to allow people to live near where they work, for transportation reduction reasons. Since biological research involves infectious agents, bio -safety labs at levels 2 through 4 need defined Land-Use separation requirements.

The Applicant agrees that combining biotechnology and other uses such as restaurant or residential in the same building is not feasible for these vary reasons. This comment would imply that a mixed -use restaurant and life science building would not be viable. The Applicant presented feedback at the July 2022 Planning Commission hearing from biotechnology tenants in the marketplace who echo this sentiment.

Most labs are being developed in manufacturing zones because existing zoning rules limit the most intensive uses, such as hazardous chemicals and bio -manufacturing, to these zones. A municipality should determine whether the zoning for the parcels allows resear ch and development, laboratory, chemical and biological manufacturing or/and office uses. Many zoning bylaws do not specifically list those uses or do not allow them in the same district.

Vintage Park is an office/research and development office park th at already has biotechnology use in it. The Project is not introducing a new concept to the neighborhood.

Furthermore, there are numerous of municipalities where life science use is safely integrated in mixed use zoning n eighborhoods with res idential uses includ ing San Francis co, South San Francisco, Berkeley, Emeryville, Millbrae, Palo Alto, San Carlos, San Mateo, and Redwood Shores.

Towns that have considered Bio -Safety have put in place separation requirements for labs with hazardous agents above Bio -Safety Level One. All airport Land Use Plans have restrictions for uses above Bio-Safety Level One. Foster City should consider Foster City General Plan LUC-D-9, 10, 10-a and D-11 in this project in light of these Bio-Safety recommendations. In the Bay Area, cities are starting to establish these public health and safety related separations . Berkeley and San Francisco have separation based on their zoning and required separation from residential areas. In addition, since this site is adjacent to a San Mateo site with mi xed use, we recommend a required minimum separation from residential areas in adjoining San Mateo City for biotech labs above Level One. 369

10 There are no adjacent residential uses in the City or San Mateo to the Project site.

The Applicant has tried to present the specific citations from the City of Foster City’s General Plan, City Staff Reports, peer reviewed analyses, and the Project’s professionally prepared EIR that explain the arguments made in the Sierra Club Loma Prieta Chapter’s letter are not accurate. The Applicant has also reached out to the Sierra Club Loma Prieta Chapter to discuss the points from their letter since there were inaccuracies in their letter and the letter was authored without consultation of the Applicant or the professionals working on the Project. As of writing the Sierra Club Loma Prieta Chapter has not responded to either phone calls or emails. The Applicant respectfully requests that the City Council take into consideration the facts and points made in this response letter when reviewing the Sierra Club Loma Prieta Chapter’s letter.

Sincerely,

SteelWave
Ben Yu
Steve Dunn

Helios Real Estate Partners
Peter Banzhaf
Brian Cason
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DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Yelena Cappello, Deputy City Clerk

SUBJECT: APPOINTMENT OF ONE CITIZEN TO A PARTIAL TERM FROM JANUARY 1, 2020 THROUGH DECEMBER 31, 2022 ON THE

TRAFFIC REVIEW COMMITTEE

RECOMMENDATION

It is recommended that the City Council interview and, by Minute Order, consider the appointment of one (1) citizen to an unexpired partial term from January 1, 2020 through December 31, 2022 on the Traffic Review Committee.

EXECUTIVE SUMMARY

A notice of vacancy to fill an unexpired partial term on the Traffic Review Committee was advertised in the local newspapers, posted, and displayed on the City's website and FCTV for four (4) weeks. No applications were received by the initial deadline of June 23, 2022, and the recruitment was extended for an additional week. When no applications were received following the extension, the recruitment was extended to open until filled. Two applications were received as of August 4, 2022, and an appointment to the committee may be made.

The following residents (listed in alphabetical order) submitted their applications:
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 Fikret Caner Gocmen
 Gary Pollard
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

This item is in alignment with the "City Council Operations and Improved Community Engagement" Value/Priority Area as it promotes resident engagement and full transparency.

Attachments:
 Attachment 1 - Committee Applications
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DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Yelena Cappello, Deputy City Clerk

SUBJECT: APPOINTMENT OF ONE VOTING DELEGATE AND ONE
ALTERNATE FOR LEAGUE OF CALIFORNIA CITIES 2022

ANNUAL CONFERENCE

RECOMMENDATION

It is recommended that the City Council, by Minute Order, appoint one voting delegate and one alternate to be present at the League of California Cities ("League") Annual Conference Business Meeting to be held on Friday, September 9.

The League’s 2022 Annual Conference is scheduled for September 7- September 9. An important part of the Annual Conference is the Annual Business Meeting, where the League membership considers and takes action on resolutions that establish League policy and where each member city is entitled to be represented by a voting delegate. Each city may also appoint alternate voting delegates, who may vote in the event that the designated voting delegate is unable to serve in that capacity.

Mayor Richa Awasthi is the City's Representative/Liaison to the League of California Cities and has signed up to attend this conference, so the City Council can designate Mayor Richa Awasthi as the voting delegate. As of August 4, Councilmembers Sanjay Gehani, Sam Hindi, and Patrick Sullivan also signed up to attend this conference, and the City Council may also 377
choose to designate up to two alternates.

See attached Memorandum from the League.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This item is in alignment with the "City Council Operations and Improved Community Engagement" Value/Priority Area.

Attachment:
 Attachment 1 - Memorandum
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: June 1, 2022
TO: Ci
ty Managers and City Clerks
RE: D

ESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal Ci
ties 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In o
rder to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Pl
ease complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Con
ference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities
website. In order to cast a vote, at least one voter
must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

Council Action Advised by August 31, 2022
Attachment 1
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• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official.

• Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

Annual Conference Voting Procedures

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.

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CITY:________________________________________

2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM

Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.

1. VOTING DELEGATE

Name:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE

Name: Name:

Title: Title:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR

ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email_________________________________

Mayor or City Clerk_________________________ Date____________ Phone________________ (circle one) (signature)

Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254

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DATE: August 15, 2022

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

VIA: Stefan Chatwin, District Manager

FROM: Louis Sun, Public Works Director

SUBJECT: WASTEWATER TREATMENT PLANT MASTER PLAN
IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER
PROGRAM - UPDATE FOR QUARTER 2 – APRIL THROUGH
JUNE 2022

RECOMMENDATION

It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID), by Minute Order, receive and accept this progress update on the Clean Water Program (CWP). No further action is required by the Board of Directors.

EXECUTIVE SUMMARY

This report summarizes the progress-to-date of the Wastewater Treatment Plant (WWTP) Master Plan Improvements Project (CIP 455-652) - Clean Water Program for the City of San Mateo/EMID Wastewater Treatment Plant (WWTP) for the months of April 2022 through June 2022. The report includes summary information about construction and other project activities over the second quarter of the calendar year.

BACKGROUND

The CWP is a comprehensive capital improvement program to rehabilitate the 383
sanitary sewer collection system in the City of San Mateo and the treatment systems at the San Mateo WWTP. EMID has 24.12% ownership of the WWTP. In October 2014, the City of San Mateo retained Jacobs to serve as the Program Manager responsible for overseeing the management of the approximately $1 billion-dollar combined program, including the coordination of the design, construction, and start-up activities of this multi-year project.

To remain apprised of the progress of the portion of the CWP for which EMID is responsible (i.e., WWTP Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion Project (WWTP Expansion Project)), the EMID Board of Directors requested that staff provide updates on a regular basis. The WWTP Expansion Project is being performed using a Construction Manager at Risk (CMAR) delivery method, whereby the contractor is involved in the project early in the design process and the City benefits from the contractor providing constructability input and insight to inform the design development.

The Program Manager and Construction Manager is Jacobs. The WWTP Expansion Project Design Engineer is HDR. The team for the disinfection improvements portion of the WWTP Expansion Project is Trussell Technologies. HDR is also providing Engineering Services During Construction (ESDC). The CMAR is Sundt (https://www.sundt.com)

ANALYSIS

Construction for the WWTP Expansion Project is comprised of three separate bid packages identified as GMPs (Guaranteed Maximum Price). Construction is progressing well overall.

Construction Package 1 (GMP 1) – Site Preparation, mass excavation, shoring and dewatering (Original Agreement with Sundt Construction Inc.), was completed within the final completion date of July 1, 2022. Package 1 contract is currently in the closeout phase.

Construction Package 2 (GMP 2) – Foundation Piles (Amendment No. 1 to the Agreement with Sundt), the work is also complete and currently in the closeout phase.

Construction Package 3 (GMP 3) – WWTP Facilities (Amendment No. 2 to the Agreement with Sundt), the work has progressed significantly and is approximately 41% complete. Some of the major ongoing work includes 384
forming, installing rebar, placing concrete for slabs, walls, columns, and decks, yard piping, process mechanical, plumbing, and electrical work throughout the treatment structure. Approximately 25,000 cubic yards (CY) of concrete have been placed to date (78% of the 32,000 CY total). Construction of the Administration Building is progressing well and it is anticipated to be ready in spring 2023. Other ongoing general sitewide work includes potholing, earthwork (excavation, rough and fine grading, and backfilling), and improvements to the existing disinfection system. Replacement, and startup and commissioning of the existing emergency generators was completed. The work under Package 3 is anticipated to be complete within the current contract completion date.

QUARTERLY CONSTRUCTION REPORT

Attachment 1 consists of selected portions of the Quarterly Progress Report for April through June 2022 published by the Program Management Team on July 25, 2022, summarizing the budget, schedule, and project activities that have occurred during the second quarter of 2022 and activities that are anticipated to occur in the third quarter of 2022 for the following projects:
 WWTP Expansion Project (comprised of three separate bid packages: GMP-1, GMP-2, and GMP3),
 Immediate Action Projects (IAPs), and
 Annual Major Component Projects (AMCs).

Attachment 2 consists of a site plan showing the locations of the various process units being constructed as part of the project.

Attachment 3 includes photographs of construction activities at the site over the past 3 months.

More detailed information, including additional photographs and architectural renderings of the completed WWTP Expansion Project as well as real time video of the active construction, are available on the Clean Water Program Project site: https://cleanwaterprogramsanmateo.org/wwtp/.

FINANCING

The Program through the San Mateo-Foster City Public Financing Authority (“PFA”) is obtaining additional financing through the two programs as described below:
385

Water Infrastructure Finance and Innovation Act (WIFIA) - The PFA approved the close of the WIFIA loan in November 2020 in the total amount of $277.2 million (San Mateo share is $210.4 million and EMID share is $67.8 million).

The WIFIA loan has excellent rates (1.32% for San Mateo and 1.14% for EMID). We have until 8/1/25 to start drawing on the WIFIA loan.

2021 Wastewater Revenue Notes, Series A (Estero Municipal Improvement District) - On July 1, 2021, the San Mateo-Foster City Public Financing Authority issued $62.76 million of 2021 Wastewater Revenue Notes, Series A (Estero Municipal Improvement District) to attain a cost savings (from lower interest rates than the WIFIA loan) of approximately $1.1 million for the financing of EMID’s share of WWTP project costs. These notes have a maturity date of 8/1/25 when the City will draw on the WIFIA Loan to take out the notes.

State Revolving Fund (SRF) –The SRF loan package was approved by the State. These funds are now available as part of the financial strategy for the project.

FISCAL IMPACT

There is no fiscal impact associated with this update.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This item is in alignment with the “Facilities and Infrastructure Initiative” Value/Priority area. The key outcome is to continue to make progress towards delivery of a successful WWTP project on time and budget while meeting regulatory requirements, addressing aging infrastructure needs, and progressing sustainability goals through production of reusable water.

Attachments:
 Attachment 1 - Selected Portions of Quarterly Progress Report - 2nd Quarter Report, April 1, 2022 to June 30, 2022
 Attachment 2 - Wastewater Treatment Plant Site Plan
 Attachment 3 - Construction Photographs
386
GMP1 – Contract
Contractor Sundt
Award Date 5/6/2019
Construction NTP 6/4/2019
Duration (calendar days) 1124
Contracted Completion Date 7/1/2022
Total Original Contract Amount $33,098,178.00
Contingency Amount $1,725,000.00
Forecast Completion Date 7/1/2022
Current Contracted Amount $34,472,057.00
Actual Expended $31,008,694.00
GMP2 – Contract
Contractor Sundt
Award Date 5/4/2020
Construction NTP 5/5/2020
Duration (calendar days) 619
Contracted Completion Date 01/14/2022
Total Original Contract Amount $17,716,049.00
Contingency Amount $1,645,000.00
Forecast Completion Date 01/14/2022
Current Contracted Amount $17,963,767.00
Actual Expended $17,206,534.00
Active Wastewater Treatment Plant Projects
46T003 WWTP Nutrient Removal and Wet Weather Flow
Management Upgrade
Project Description:

The WWTP Upgrade and Expansion Project will replace aging infrastructure, provide capacity for wet weather flows, comply with regulatory requirements, enhance reliability, and produce a higher quality effluent that meets current and future permit requirements and Title 22 recycled water quality. Producing a higher quality effluent will enable the City to develop a water reuse Program.

GMP3 – Contract
Contractor Sundt
Award Date 9/21/2020
Construction NTP 9/22/2020
Duration (calendar days) 1563
Contracted Completion Date 1/2/2025
Total Original Contract Amount $379,880,747.00
Revised Contract Amount $380,637,980.00
Original Contingency Amount $13,900,000.00
Revised Contingency Amount $15,297,282.00
Forecast Completion Date 1/2/2025
Current Contracted Amount $388,810,242.00
Actual Expended $164,827,640.00
Current Period Activities
Project/Construction Management
• Procuring the Air Gap for the domestic waster system. • PG&E started the Utilities Relocation on June 20,2022. Anticipated to be completed in August 2022 • Developed a high-level summary project schedule for GMP-3 three-year look-ahead focused on training, and st
art-up and commissioning activities for City’s planning purposes; participated in Sundt's monthly start-up and commissioning planning meeting.

April t hrough June 2022 P A G E 10

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
Project Inside
Project Manager Leswin DCunha
Project Type Wastewater System
Phase Construction

Attachment 1
387

• Monthly WWTP update meeting with Foster City management team .

Engineering Design/ Services During Construction
• Title 22 Recycled Water: negotiations completed. Change order issued for this additional work • Interpretive Signage: RHAA working on the final design phase. • ESDC: HDR continued review of submittals and RFIs on all three GMPs; development of design change notices; onsite and remote support by Resident Engineer. .HDR has started the preparation of electronic Operations and Maintenance Manuals
• PG&E: coordinated with PG&E and AT&T to complete the installation of the joint trench for the relocated utilities.
• Cal Water: work completed except for modification on the supply line from Dale avenue. This work is anticipated to be completed by August 2022.

Permitting
• SWPPP: U pdates to both the Construction and Industrial SWPPPs were incorporated into the existing WWTP site into Sundt’s CGP.

Public Outreach
• PM/CM and the CWP Public Outreach Lead coordinated on regular project updates to the website, newsletter, social media, etc.

Construction
GMP-1
• All work completed except for some minor paving which will be incorporated into GMP3.Project close out has begun
GMP-2
• Remaining work transferred to GMP3. Project close out is almost completed.

GMP-3
• Electrical, concrete, and minor mechanical work was performed for the new facilities in all areas. • Commissioning meetings were held to continue discussing start-up activities, including roles and responsibilities.
• Yard piping work in the West Corridor continued to the headworks. • Continued potholing in the East Corridor to support upcoming yard piping activities in the area. • Continued pricing for several change events.
• Construction of the Administration Building continued with foundation and structural framing work

April through June 2022 P A G E 11

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
388

Next Period Activities
Project/Construction Management
• PG&E to relocate their utilities from Detroit Drive.
• Complete construction of Detroit Drive water main loop, membrane permeate piping and standpipe material change, and Title 22 recycled water.
• HDR’s to provide additional ESDC services including development of process O&M manuals, process training, expanded discipline-specific Resident Engineer services, and related known scope reflected in the contingency budget.

Engineering Design/Services During Construction
• Interpretive Signage: RHAA to progress to final design. • ESDC: HDR to continue to provide onsite resident engineering services.

Permitting
• Record the WWTP Final Parcel Map with the County upon completion of relocating PG&E and AT&T’s utilities from Detroit Drive (September 2022).

Public Outreach
• Provide project updates to the CWP Public Outreach Lead for monthly newsletter, website, and social media updates.
• Continue as-needed support in response to resident queries via the communication hotline.

Construction
GMP-1
• Close out project
GMP-2
• Close out project.

GMP-3
• Concrete in Areas 51, 52, 53, 55, 56, 64, and 80.
• Underground electrical in Areas 51, 56, and 64.
• Process mechanical in Areas 52, 53, 55, and 56.
• Potholing and utilities locating in east corridors.
• Begin interior improvements in the Administration building • Begin installation of the foundation for the Warehouse • Yard piping – Install the Membrane Permeate ,Secondary Effluent and utilities to serve the Administration Building.
• Earthwork – excavation, grading, and backfilling.

April through June 2022 P A G E 12

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
389

Risks and Opportunities
• Cal Water’s New Potable Water Main Extension: Potable water service for fire suppression will be delivered by Cal Water. Cal Water notified the City on May 28, 2020, that final design is complete. Payment of deposit was made in October upon receipt of the invoice, and Cal Water issued the design package on November 10. Design completion took approximately 18 months since application was submitted in October 2018. HDR incorporated the final design for the Detroit Drive loop and Dale Avenue extension that will be executed by Sundt into GMP-3 design documents. The Program coordinated with Cal Water and reached an agreement on the City owning the Detroit Drive loop as a private system to avoid a Public Utility Easement (PUE) to Cal Water for the portion of the loop within the WWTP property. To that effect, Cal Water revised their design and cost estimate (total cost $1.35 million), which was approved by City Council on Jun 21,2021.

HDR completed modifications to the Detroit Drive loop design on account of privatization (GMP-3 design change notice 4 and 4.1). This entire infrastructure is scheduled to be in place by October 2022 as a critical system to support leak testing of the basins. Cal Water construction of the 3 rd Avenue water line extension
was completed in February 2022.
• PG&E’s New Primary Service: Received design from PG&E for the new power feed for the WWTP on August 25, 2020 (after approximately 2 years since application was submitted). Construction of the SEMS was completed and “ready for power” in December 2021. PG&E’s construction energized the SEMS on February 4, 2022.
• Relocation of PG&E’s Utilities from Detroit Drive: On August 8, 2020, the City sent PG&E a letter informing PG&E of its obligation to remove and relocate any facilities used or maintained under the Franchise Agreement at no expense to the City. In December 2020, the City became aware that PG&E had applied for an encroachment permit to perform the relocation work in which PG&E had inconspicuously submitted a design with a sizable portion of the work assigned to the City. The City immediately brought this to PG&E’s attention and on February 19, 2021, formally transmitted design review comments and supporting yard piping plans to assist PG&E to revise its proposed relocation design appropriately. On March 25, 2021, the City’s Special Legal Counsel issued PG&E a letter as notice that failing to relocate the utilities, no later than April 30, 2021, will result in the City pursuing its legal remedies. PG&E issued a response letter acknowledging their responsibility for relocating its utilities from Detroit Drive at its own cost pursuant to their Franchise Agreement with the City. Subsequently, the project team and PG&E coordinated to review and finalize PG&E’s one-line design plan (July 27, 2021). PG&E required Joint Trench design to accommodate AT&T. The Program procured Bellecci & Associates in September to develop the Joint Trench design. In December, PG&E and AT&T approved the Joint Trench plan. PG&E estimates it will take 3 to 4 months to advertise and award this relocation work. On March 21, 2022, City Council approved right of way and a public utility easement for PG&E relocation of facilities. PG&E began construction on June 20, 2022, and construction should be completed by the end of August 2022.

April through June 2022 P A G E 13

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
390

Financial Status
 Overall EAC continue to trend closer to budget. PM and CM team are managing to reduce this gap.

Millions

Budget $532.71

Actual Cost to date $274.74

Estimate at Completion $539.95

Schedule Status
 Part of re-baseline efforts. Current forecast shows to be completed on time in January 2025.

April through June 2022 PA G E 14

View of Areas 52, 53, 55, and 56 - Ongoing Work

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
391
Replace and repair aging infrastructure at the WWTP by adding screening, flexibility, and redundancy for WWTP solids processes. The project includes: (1) Mechanical bar screen and repair of concrete wall at the IJB; (2) Effluent PS #1 pumping and piping improvements; (3) replace two of the oldest pumps in PS #1; (4) Cake pumping system: add second cake pumping system; and (5) Second cake hopper system: add a second cake hopper, slide gate, access walkway, and platform.

Current Period Activities
Project/Construction Management
• Coordinated City negotiations with Contractor for time extension / delays.
 Coordinate City negotiations for modifications to the Sludge Cake Hopper
 Work with Contractor to remove and install piping
 Coordinate Centrifuge Performance Tests
Engineering Design/ Services During Construction
(Various)
• Stantec ESDC ongoing through remainder of construction period.

Permitting
 No activities this period.

Public Outreach
 No activities this period.

Construction
Immediate Action Projects, Package II (IAP II)
 Conduct performance tests for of new centrifuge.
 Contractor to remove welded piping and install new piping .  Coordinated resolution of sludge cake hopper elevation conflict.  Next Period Activities
Project/Construction Management
 Continued change management support.

Engineering Design and Engineering Services During Construction  Stantec ESDC ongoing through remainder of construction period.  Continue review of submittals and RFI.

Permitting
 No activities this period.

April through June 2022 P A G E 19
Project Inside
Project Manager Tyler Kirkendall
Project Type Wastewater System
Phase Construction
Design Firm Stantec, HDR

IAP II – Contract
Contractor Myers & Sons
Award Date 2/11/2019
Construction NTP 2/19/2019
Duration (calendar days) 472
Contracted Completion Date 1/4/2021
Contract Amount $6,340,000.00
Contingency Amount $934,000.00
Forecast Completion Date 8/30/2022
Current Contracted Amount $7,084,667.18
Actual Expended $6,570,582.18

392

Public Outreach
 No activities this period.

Construction
Immediate Action Projects, Package II (IAP II)
 Complete acceptance test of new centrifuge.
 Complete fix to the piping system
 Complete fix of sludge hopper elevation conflict
Risks and Opportunities
 Sludge Cake Hopper No. 1 has not successfully completed start-up testing. Contractor working to identify issue affecting Cake Pump No. 1 and requested both design engineer and Vendor assistance in their troubleshooting of Cake Pump No. 1. Design Engineer provided new sludge cake measurement technology selection in DC 8, which was issued to the Contractor in September. City contracted with a third party to provide recommendations for fixing the Cake pump. Third party has recommended removal of welded pipe and installation of new piping. Contactor has been instructed to do so. • The sludge cake hopper was installed at an elevation that does not match the existing sludge cake hopper and results in conflicts with the City’s existing sludge disposal strategies. The design engineer proposed solutions in an alternatives analysis memorandum, which will be implemented by the Contractor. The Contractor has been awarded a change order to modify hopper. Elevation conflict represents significant delay on the project and risk of delay claim by the Contractor on the project.  Sludge Cake Hopper procured by Contractor did not have jacking points, as identified in the specification.

Contractor has coordinated a fix with the vendor and proposed the solution to the design team. The Vendor and Contractor continue to coordinate solution.
 Delays to the project by both the sludge cake hopper and sludge cake pumping system will result in significant delays to the project.

Financial Status
 Current update shows a slightly overrun of current budget.

Millions

Budget $12.95

Actual Cost to date $11.48

Estimate at Completion $13.91
Schedule Status
Project schedule temporary on hold while issues are being resolved. Anticipat es construction to be completed by Oc t. 31 , 2022

April through June 2022 P A G E 20

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
393

46T010 IAP Package III
Project Description:

Upgrade aging infrastructure and increase reliability for the effluent PS at the WWTP. Improvements include perform hydraulic analysis on the effluent PS and flow meters; replace MCCs P1, P2, P3, and P4 in the Main Structure Building; add variable-frequency drives (VFDs) and check valves on stormwater pumps; replace check valves (3) for dry weather pumps; replace MCCs/VFDs (4) and control panels (4) for dry weather pumps; and replace doors (3) and windows (10), repair roof, and add HVAC for the PS.

Current Period Activities
Project/Construction Management (City/Jacobs)
 Advertise and Open bids on the project.

Engineering Design/ Services During Construction (HDR)
 None reported.

Next Period Activities
Project/Construction Management (City/Jacobs)
 Negotiate a Value Engineered Contract with Lower Bidder an if not successful rescope and advertise.

Engineering Design/ Services During Construction
 HDR to begin EDSC.

Risks and Opportunities
 Value Engineering or Rescoping the project will push out the completion date of the project.

Financial Status
 With final design estimate, project shows an overrun of $12.5 million. The PM is working to generate a CRF to move budget funds after the value engineering and or rescoping of the project is completed.

Budget
$2.47
million

Actual Cost to date
$1.15
million

Estimate at Completion $14.99 million

Schedule Status
 Current forecast shows final completion on time in October 2023.

April through June 2022 P A G E 21

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
Project Inside
Project Manager Daniel Patten
Project Type Wastewater System
Phase Engineering

394

46T090 Annual Major Component WWTP
Project Description:

Maintain reliable plant operations to meet regulatory permit requirement and repair and replace critical WWTP infrastructure.

Operations and maintenance team maintain an active list of potential projects that are implemented as funds are available.

Current Period Activities
Project/Construction Management (City/ Jacobs)
 Ongoing construction management of AMC 6 + 23
 Additional AMC project
 Update WWTP Biosolids and Energy Management Plan
 Digester 1 Improvements
 Centrifuge and Centrifuge Feed Pump Replacement
 Solids Handling Systems I&C Improvements
 Digester Transfer Pump Project
 3 Water Pumping Improvements
 DAFT Corrosion Improvements
Permitting (Various)
None
Construction
 EPS Inc. is working on AMC 6 + 23.

Next Period Activities
Project/Construction Management (City/ Jacobs)
 Ongoing construction management of AMC 6 + 23
Engineering Design/ Services During Construction
 Selecting Design Consultants for AMC projects
Permitting
 none
Construction
 Continued construction of AMC 6 + 23.

Risks and Opportunities
 AMC 36 Centrifuge Conveyor Replacement is on hold.

April through June 2022 P A G E 22

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
Project Inside
Project Manager Daniel Patten
Project Type Wastewater System
Phase Engineering

395
GMP1 – Contract
Contractor Sundt
Award Date 5/6/2019
Construction NTP 6/4/2019
Duration (calendar days) 1124
Contracted Completion Date 7/1/2022
Total Original Contract Amount $33,098,178.00
Contingency Amount $1,725,000.00
Forecast Completion Date 7/1/2022
Current Contracted Amount $34,472,057.00
Actual Expended $31,008,694.00

GMP2 – Contract
Contractor Sundt
Award Date 5/4/2020
Construction NTP 5/5/2020
Duration (calendar days) 619
Contracted Completion Date 01/14/2022
Total Original Contract Amount $17,716,049.00
Contingency Amount $1,645,000.00
Forecast Completion Date 01/14/2022
Current Contracted Amount $17,963,767.00
Actual Expended $17,206,534.00

Active Wastewater Treatment Plant Projects
46T003 WWTP Nutrient Removal and Wet Weather Flow
Management Upgrade
Project Description:

The WWTP Upgrade and Expansion Project will replace aging infrastructure, provide capacity for wet weather flows, comply with regulatory requirements, enhance reliability, and produce a higher quality effluent that meets current and future permit requirements and Title 22 recycled water quality. Producing a higher quality effluent will enable the City to develop a water reuse Program.

GMP3 – Contract
Contractor Sundt
Award Date 9/21/2020
Construction NTP 9/22/2020
Duration (calendar days) 1563
Contracted Completion Date 1/2/2025
Total Original Contract Amount $379,880,747.00
Revised Contract Amount $380,637,980.00
Original Contingency Amount $13,900,000.00
Revised Contingency Amount $15,297,282.00
Forecast Completion Date 1/2/2025
Current Contracted Amount $388,810,242.00
Actual Expended $164,827,640.00

Current Period Activities
Project/Construction Management
• Pro curing the Air Gap for the domestic waster system. • PG&E started the Utilities Relocation on June 20,2022. Anticipated to be completed in August 2022 • Developed a high-level summary project schedule for GMP-3 three-year look-ahead focused on training, and start-up and commissioning activities for City’s planning purposes; participated in Sundt's monthly start-up and commissioning planning meeting.

April through June 2022 P A G E 10

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
Project Inside
Project Manager Leswin DCunha
Project Type Wastewater System
Phase Construction

396

• Monthly WWTP update meeting with Foster City management team .

Engineering Design/ Services During Construction
• Title 22 Recycled Water: negotiations completed. Change order issued for this additional work • Interpretive Signage: RHAA working on the final design phase. • ESDC: HDR continued review of submittals and RFIs on all three GMPs; development of design change notices; onsite and remote support by Resident Engineer. .HDR has started the preparation of electronic Operations and Maintenance Manuals
• PG&E: coordinated with PG&E and AT&T to complete the installation of the joint trench for the relocated utilities.
• Cal Water: work completed except for modification on the supply line from Dale avenue. This work is anticipated to be completed by August 2022.

Permitting
• SWPPP: U pdates to both the Construction and Industrial SWPPPs were incorporated into the existing WWTP site into Sundt’s CGP.

Public Outreach
• PM/CM and the CWP Public Outreach Lead coordinated on regular project updates to the website, newsletter, social media, etc.

Construction
GMP-1
• All work completed except for some minor paving which will be incorporated into GMP3.Project close out has begun
GMP-2
• Remaining work transferred to GMP3. Project close out is almost completed.

GMP-3
• Electrical, concrete, and minor mechanical work was performed for the new facilities in all areas. • Commissioning meetings were held to continue discussing start-up activities, including roles and responsibilities.
• Yard piping work in the West Corridor continued to the headworks. • Continued potholing in the East Corridor to support upcoming yard piping activities in the area. • Continued pricing for several change events.
• Construction of the Administration Building continued with foundation and structural framing work

April through June 2022 P A G E 11

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
397

Next Period Activities
Project/Construction Management
• PG&E to relocate their utilities from Detroit Drive.
• Complete construction of Detroit Drive water main loop, membrane permeate piping and standpipe material change, and Title 22 recycled water.
• HDR’s to provide additional ESDC services including development of process O&M manuals, process training, expanded discipline-specific Resident Engineer services, and related known scope reflected in the contingency budget.

Engineering Design/Services During Construction
• Interpretive Signage: RHAA to progress to final design. • ESDC: HDR to continue to provide onsite resident engineering services.

Permitting
• Record the WWTP Final Parcel Map with the County upon completion of relocating PG&E and AT&T’s utilities from Detroit Drive (September 2022).

Public Outreach
• Provide project updates to the CWP Public Outreach Lead for monthly newsletter, website, and social media updates.
• Continue as-needed support in response to resident queries via the communication hotline.

Construction
GMP-1
• Close out project
GMP-2
• Close out project.

GMP-3
• Concrete in Areas 51, 52, 53, 55, 56, 64, and 80.
• Underground electrical in Areas 51, 56, and 64.
• Process mechanical in Areas 52, 53, 55, and 56.
• Potholing and utilities locating in east corridors.
• Begin interior improvements in the Administration building • Begin installation of the foundation for the Warehouse • Yard piping – Install the Membrane Permeate ,Secondary Effluent and utilities to serve the Administration Building.
• Earthwork – excavation, grading, and backfilling.

April through June 2022 P A G E 12

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
398

Risks and Opportunities
• Cal Water’s New Potable Water Main Extension: Potable water service for fire suppression will be delivered by Cal Water. Cal Water notified the City on May 28, 2020, that final design is complete. Payment of deposit was made in October upon receipt of the invoice, and Cal Water issued the design package on November 10. Design completion took approximately 18 months since application was submitted in October 2018. HDR incorporated the final design for the Detroit Drive loop and Dale Avenue extension that will be executed by Sundt into GMP-3 design documents. The Program coordinated with Cal Water and reached an agreement on the City owning the Detroit Drive loop as a private system to avoid a Public Utility Easement (PUE) to Cal Water for the portion of the loop within the WWTP property. To that effect, Cal Water revised their design and cost estimate (total cost $1.35 million), which was approved by City Council on Jun 21,2021.

HDR completed modifications to the Detroit Drive loop design on account of privatization (GMP-3 design change notice 4 and 4.1). This entire infrastructure is scheduled to be in place by October 2022 as a critical system to support leak testing of the basins. Cal Water construction of the 3 rd Avenue water line extension
was completed in February 2022.
• PG&E’s New Primary Service: Received design from PG&E for the new power feed for the WWTP on August 25, 2020 (after approximately 2 years since application was submitted). Construction of the SEMS was completed and “ready for power” in December 2021. PG&E’s construction energized the SEMS on February 4, 2022.
• Relocation of PG&E’s Utilities from Detroit Drive: On August 8, 2020, the City sent PG&E a letter informing PG&E of its obligation to remove and relocate any facilities used or maintained under the Franchise Agreement at no expense to the City. In December 2020, the City became aware that PG&E had applied for an encroachment permit to perform the relocation work in which PG&E had inconspicuously submitted a design with a sizable portion of the work assigned to the City. The City immediately brought this to PG&E’s attention and on February 19, 2021, formally transmitted design review comments and supporting yard piping plans to assist PG&E to revise its proposed relocation design appropriately. On March 25, 2021, the City’s Special Legal Counsel issued PG&E a letter as notice that failing to relocate the utilities, no later than April 30, 2021, will result in the City pursuing its legal remedies. PG&E issued a response letter acknowledging their responsibility for relocating its utilities from Detroit Drive at its own cost pursuant to their Franchise Agreement with the City. Subsequently, the project team and PG&E coordinated to review and finalize PG&E’s one-line design plan (July 27, 2021). PG&E required Joint Trench design to accommodate AT&T. The Program procured Bellecci & Associates in September to develop the Joint Trench design. In December, PG&E and AT&T approved the Joint Trench plan. PG&E estimates it will take 3 to 4 months to advertise and award this relocation work. On March 21, 2022, City Council approved right of way and a public utility easement for PG&E relocation of facilities. PG&E began construction on June 20, 2022, and construction should be completed by the end of August 2022.

April through June 2022 P A G E 13

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
399

Financial Status
 Overall EAC continue to trend closer to budget. PM and CM team are managing to reduce this gap.

Millions

Budget $532.71

Actual Cost to date $274.74

Estimate at Completion $539.95

Schedule Status
 Part of re-baseline efforts. Current forecast shows to be completed on time in January 2025.

April through June 2022 PA G E 14

View of Areas 52, 53, 55, and 56 - Ongoing Work

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
400
Replace and repair aging infrastructure at the WWTP by adding screening, flexibility, and redundancy for WWTP solids processes. The project includes: (1) Mechanical bar screen and repair of concrete wall at the IJB; (2) Effluent PS #1 pumping and piping improvements; (3) replace two of the oldest pumps in PS #1; (4) Cake pumping system: add second cake pumping system; and (5) Second cake hopper system: add a second cake hopper, slide gate, access walkway, and platform.

Current Period Activities
Project/Construction Management
• Coordinated City negotiations with Contractor for time extension / delays.
 Coordinate City negotiations for modifications to the Sludge Cake Hopper
 Work with Contractor to remove and install piping
 Coordinate Centrifuge Performance Tests
Engineering Design/ Services During Construction
(Various)
• Stantec ESDC ongoing through remainder of construction period.

Permitting
 No activities this period.

Public Outreach
 No activities this period.

Construction
Immediate Action Projects, Package II (IAP II)
 Conduct performance tests for of new centrifuge.
 Contractor to remove welded piping and install new piping .  Coordinated resolution of sludge cake hopper elevation conflict.  Next Period Activities
Project/Construction Management
 Continued change management support.

Engineering Design and Engineering Services During Construction  Stantec ESDC ongoing through remainder of construction period.  Continue review of submittals and RFI.

Permitting
 No activities this period.

April through June 2022 P A G E 19
Project Inside
Project Manager Tyler Kirkendall
Project Type Wastewater System
Phase Construction
Design Firm Stantec, HDR

IAP II – Contract
Contractor Myers & Sons
Award Date 2/11/2019
Construction NTP 2/19/2019
Duration (calendar days) 472
Contracted Completion Date 1/4/2021
Contract Amount $6,340,000.00
Contingency Amount $934,000.00
Forecast Completion Date 8/30/2022
Current Contracted Amount $7,084,667.18
Actual Expended $6,570,582.18

401

Public Outreach
 No activities this period.

Construction
Immediate Action Projects, Package II (IAP II)
 Complete acceptance test of new centrifuge.
 Complete fix to the piping system
 Complete fix of sludge hopper elevation conflict
Risks and Opportunities
 Sludge Cake Hopper No. 1 has not successfully completed start-up testing. Contractor working to identify issue affecting Cake Pump No. 1 and requested both design engineer and Vendor assistance in their troubleshooting of Cake Pump No. 1. Design Engineer provided new sludge cake measurement technology selection in DC 8, which was issued to the Contractor in September. City contracted with a third party to provide recommendations for fixing the Cake pump. Third party has recommended removal of welded pipe and installation of new piping. Contactor has been instructed to do so. • The sludge cake hopper was installed at an elevation that does not match the existing sludge cake hopper and results in conflicts with the City’s existing sludge disposal strategies. The design engineer proposed solutions in an alternatives analysis memorandum, which will be implemented by the Contractor. The Contractor has been awarded a change order to modify hopper. Elevation conflict represents significant delay on the project and risk of delay claim by the Contractor on the project.  Sludge Cake Hopper procured by Contractor did not have jacking points, as identified in the specification.

Contractor has coordinated a fix with the vendor and proposed the solution to the design team. The Vendor and Contractor continue to coordinate solution.
 Delays to the project by both the sludge cake hopper and sludge cake pumping system will result in significant delays to the project.

Financial Status
 Current update shows a slightly overrun of current budget.

Millions

Budget $12.95

Actual Cost to date $11.48

Estimate at Completion $13.91
Schedule Status
Project schedule temporary on hold while issues are being resolved. Anticipat es construction to be completed by Oc t. 31 , 2022

April through June 2022 P A G E 20

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
402

46T010 IAP Package III
Project Description:

Upgrade aging infrastructure and increase reliability for the effluent PS at the WWTP. Improvements include perform hydraulic analysis on the effluent PS and flow meters; replace MCCs P1, P2, P3, and P4 in the Main Structure Building; add variable-frequency drives (VFDs) and check valves on stormwater pumps; replace check valves (3) for dry weather pumps; replace MCCs/VFDs (4) and control panels (4) for dry weather pumps; and replace doors (3) and windows (10), repair roof, and add HVAC for the PS.

Current Period Activities
Project/Construction Management (City/Jacobs)
 Advertise and Open bids on the project.

Engineering Design/ Services During Construction (HDR)
 None reported.

Next Period Activities
Project/Construction Management (City/Jacobs)
 Negotiate a Value Engineered Contract with Lower Bidder an if not successful rescope and advertise.

Engineering Design/ Services During Construction
 HDR to begin EDSC.

Risks and Opportunities
 Value Engineering or Rescoping the project will push out the completion date of the project.

Financial Status
 With final design estimate, project shows an overrun of $12.5 million. The PM is working to generate a CRF to move budget funds after the value engineering and or rescoping of the project is completed.

Budget
$2.47
million

Actual Cost to date
$1.15
million

Estimate at Completion $14.99 million

Schedule Status
 Current forecast shows final completion on time in October 2023.

April through June 2022 P A G E 21

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
Project Inside
Project Manager Daniel Patten
Project Type Wastewater System
Phase Engineering

403

46T090 Annual Major Component WWTP
Project Description:

Maintain reliable plant operations to meet regulatory permit requirement and repair and replace critical WWTP infrastructure.

Operations and maintenance team maintain an active list of potential projects that are implemented as funds are available.

Current Period Activities
Project/Construction Management (City/ Jacobs)
 Ongoing construction management of AMC 6 + 23
 Additional AMC project
 Update WWTP Biosolids and Energy Management Plan
 Digester 1 Improvements
 Centrifuge and Centrifuge Feed Pump Replacement
 Solids Handling Systems I&C Improvements
 Digester Transfer Pump Project
 3 Water Pumping Improvements
 DAFT Corrosion Improvements
Permitting (Various)
None
Construction
 EPS Inc. is working on AMC 6 + 23.

Next Period Activities
Project/Construction Management (City/ Jacobs)
 Ongoing construction management of AMC 6 + 23
Engineering Design/ Services During Construction
 Selecting Design Consultants for AMC projects
Permitting
 none
Construction
 Continued construction of AMC 6 + 23.

Risks and Opportunities
 AMC 36 Centrifuge Conveyor Replacement is on hold.

April through June 2022 P A G E 22

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
Project Inside
Project Manager Daniel Patten
Project Type Wastewater System
Phase Engineering

404
Financial Status
 Project shows EAC over budget.by 1.48 million

Millions

Budget $7.34

Actual Cost to date $0.93

Estimate at Completion $1.80 $8.82
Schedule Status
 AMC 6 +23 is in construction with an anticipated completion of September 2022. All other AMC Projects are in the predesign phase.

April through June 2022 P A G E 23
405

WASTEWATER TREATMENT PLANT SITE PLAN
Attachment 2
406
A
pril 1, 2022
J
une 30, 2022
April through June 2022 P A G E 15
View of Areas 56 - Ongoing Work
Attachment 3
407

April 1, 2022

June 30, 2022

April through June 2022 P A G E 16

View of Area 80 – Ongoing Work

408

April 1, 2022

June 30, 2022
April through June 2022 P A G E 17

View of Areas 51 and 64 Ongoing Work

409

April 5, 2022*

June 30, 2022
*Overhead camera was not operational on March 29 through April 4, 2022 April through June 2022 P A G E 18

46T009 IAP Package II
Project Description:

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q2 2022
410

DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

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

SUBJECT: LEVEE IMPROVEMENTS PROJECT (CIP 327-657) - JULY 2022 - GENERAL UPDATE

RECOMMENDATION

It is recommended that the City Council, by Minute Order, consider and accept this progress update on the Levee Improvements Project (Project). No further action is required by the City Council.

EXECUTIVE SUMMARY

Staff will provide a verbal update of the latest Project activities at the City Council meeting. This report provides an update of Project progress and budget impacts with current expenditures detailed in an attached work sheet.

Highlights of Project progress and pictures, since the last City Council update on July 18, 2022, are included in the attached Construction Managers Report and listed below:
 Staff met with a City of Belmont Home Owners Association adjacent to the Project on July 20 2022, regarding the regulatory agencies mitigation requirement to provide full tidal action into O’Neill 411
Slough. Discussions with the regulatory agencies are ongoing and staff will provide a verbal update on the next steps at a later date.  The Baffin Street Bridge is open for pedestrian and bicycle traffic and the Contractor has closed the Egress bridge location. The contractor has completed placing cement for the Egress bridge abutments for the anticipated installation of the precast bridge on August 15, 2022.
 The Contractor continues to work within Phase III (San Mateo Bridge to the area north of Mariner’s Point) of the Project. The work includes completion of concrete placement for Floodwalls 3 & 4 near Baywinds Park, embankment fill along East Third Avenue near Anchor Road, completing construction of Floodwalls 1 & 2 near Mariner’s Point, excavation for Retaining wall 1 south of Baywinds Park, construction of bay-side paths along Floodwalls 5 & 8, and completion of the Lagoon outfall structure work south of Baywinds Park.
 Progress continues for a new pedestrian bridge (AP-9) at Bayside Towers with the completion of the demolition and subgrade excavation portions. The Contractor has completed the bridge abutments for the pedestrian bridge and is scheduled to install the bridge on August 15, 2022.
 The Contractor continues construction operations under the San Mateo Bridge in accordance with the Caltrans encroachment permit.

The Contractor has completed construction of Floodwalls 25, 10 and 11 near the Bridge and Werder Pier. Grading of the base and paving operations underneath the bridge has commenced.
 The Contractor continues to work along Beach Park Boulevard. This Phase II work includes, but is not limited to, trail slope fine grading, erosion control fabric, placement of mulch, ice plant planting, construction of bay side paths and access points, earthen levee near and adjacent to Shorebird Park, streetlight foundations, irrigation and landscaping. The Contractor has nearly completed the installation of the streetlights but will still need to complete all the streetlight and electrical conductor wiring installations prior to energizing the lights. The Contractor will be concentrating on the land and bay access points along Beach Park Boulevard.
 The Contractor has been advised by regulatory agencies that moving material from Sea Cloud Park in Phase I to Shorebird Park in Phase II may commence. The material stockpiled at Sea Cloud Park will be used for the earthen levee construction around Shorebird Park. The Contractor had requested approval from regulatory agencies to move 412
the material from Sea Cloud Park prior to September 1 since the material was located in the restricted work area of Phase I. The ability for the Contractor to commence operations for the earthen levee around Shorebird Park will allow additional floodwall work to commence subsequent to earthen levee completion.
 The Contractor has completed approximately 3.8 miles of the 4.2 miles of the revised concrete cap for the top of installed sheet piles (CCO #9; $110K and #10; $932K). The concrete cap along Beach Park Boulevard as part of Phase II of the Project is complete. The concrete cap remaining to be constructed is mainly in Phase III between Baywinds Park and San Mateo Bridge and portions of Phase I. The Contractor has been providing concrete work crews at various retaining and floodwall locations and has not yet completed the concrete cap work.
 Concrete crews have been focusing on the completion of the block retaining walls related to CCO #20, which includes retaining walls 2 and 4. Significant progress has been made on retaining wall 4 with the Contractor constructing the trench drain to complete the work related to retaining wall 4. The Contractor has been providing additional resources to complete the approximately 2,000 linear feet for retaining wall 2.
 Staff continues to monitor the Safe Routes to School plan for Bowditch Middle School and other locations that may be affected by the Project. Staff will be contacting school officials about any proposed changes for the 2022-2023 school year.

Current Schedule Timeline
Award of Contract: July 20, 2020
Notice to Proceed: September 28, 2020
Phase 1 Bay Trail Closure - Opening: October 2020 - April 2023* Phase 2 Bay Trail Closure - Opening: January 2021 – April 2023* Phase 3 Bay Trail Closure - Opening: April 2021 – April 2023* Project Substantial Completion: August 2023
Project Completion: January 2024

*Staff is anticipating a schedule update from the Contractor, which will provide more insight to the estimated substantial and final completion dates. For scheduling purposes and to update existing early estimates of trail opening dates until Contractor has provided actual trail opening updates, trail openings are to be shown for April 2023 to satisfy BCDC permit requirements. 413
By no means are updates to trail opening dates a reflection of a Project delay.

PROJECT BUDGET AND COST/EXPENSES

The Project continues to be on time and within budget and expenses continue to trend as anticipated.

Summary of known costs to date:
 Total Budget/ Bond Measure: Budget = $87M Bond Measure = $90M; Bonds Released = $85M; Additional City reserves for Project if necessary = $10M
 Bid: Shimmick: $60.2M; and $9M contingency for change orders.  Payments: Shimmick: $49M; Others: $14M; Total: $63M
 Change Orders Approved: As of August 1, 2022: CCO #1-25 = $5.3M
 Change Orders Anticipated: CCO #26 = $2,809,766.91; August 15, 2022

FISCAL IMPACT

Fiscal impacts to the Project are presented to City Council as a separate agenda item with a recommended action to take from City staff. Contract Change Order #26 will be presented to City Council on August 15, 2022.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

The Levee Improvements Project is in alignment to the City Council's adopted Vision and Mission statements, in that it seeks to create a sustainable environment through infrastructure improvements for current and future generations to come. This item is also directly related to the "Facilities and Infrastructure" Value/Priority Area. The key outcome is to make substantial progress toward an improved levee on time and budget to protect the community and critical infrastructure from storms and high tide.

Attachments:
 Attachment 1 - Monthly Construction Manager's Report - July 2022  Attachment 2 - Expenditure Report as of July 31, 2022 414
 Attachment 3 - Memorandum and Communications Metrics - July 2022 Dashboard Report
415
MONTHLY CONSTRUCTION MANAGER’S REPORT
Foster City Levee Improvements Project
City Project No. CIP 301-657
Contractor: Shimmick Construction Co Report Period: July 1-31, 2022 CM: Tanner Pacific, Inc.

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

Days Elapsed: 672 % Elapsed: 56.0%
Substantial Final
Completion Completion
Date: Date:

Original Contract Approved Revised
Contract
Value: CCOs: Value:

Contingency: $9,000,000.00 Remaining
Contingency: $ 3,865,316.36 % Contingency
Used: 57%
Costs Billed to Date: $46,545,439.35 % of Contract
Billed to Date: 71%
$60,218,000.00 $ 5,134,683.64 $65,352,683.64
Contract/Schedule Update
1200 Additional Days
Granted: 0 Calendar Days
Remaining: 528
Notice To Proceed: 9/28/2020 10/2/2023 1/10/2024
Cost Management Update
Attachment 1
416
MONTHLY CONSTRUCTION MANAGER’S REPORT
Work Summary
Recently Completed:
Final rebar and concrete placements of Floodwalls 1 & 2 near Sta. 11+00 (near Mariner’s Point Golf Center)
Lagoon outfall structure headwall work (in-water work) at ~Sta. 70+00 (Phase III) Concrete footing placements for AP-9 bridge abutments near Sta. 85+00 Initial rebar and concrete placement for Access Points at for flatwork in Phase II along Beach Park Blvd
Clear and grub for the access ramp at AP 25 (north of Shorebird Park) Clearing and subgrade preparation for access point flatwork in Phase I (where accessible due to bird nesting)
Irrigation investigation work in Phase I
Initial excavation and construction of gabion basket wall adjacent to Floodwall 19 in Phase I Installation of Egress Bridge foundation piles at AP 42 (Phase I) Clearing, formwork placement for sheet pile concrete cap along Floodwall 22 in Phase I Upcoming:
Continued submittals for landscaping, irrigation, striping, and site furnishings Continued import of materials to staging areas
Continued construction of Retaining Wall 02 (northwest of the SM Bridge) Access Point 02 ramp construction (near Baywinds Park) Rebar and concrete for the AP-9 pedestrian bridge foundation stem wall near Sta. 85+00 (northwest of the SM Bridge)
Delivery and placement of the AP-9 pedestrian bridge near Sta 85+00 (northwest of the SM Bridge)
Completion of Retaining Wall 02 & 04 blocks and lightweight concrete fill adjacent to AP-9 (northwest of the SM Bridge)
Continued construction of bay-side paths along Floodwall 12 (Phase II, Beach Park Blvd) Access Point flatwork (concrete ramps and stairs) in Phase II along Beach Park Blvd Completion of street light foundations along Phase II, Beach Park Blvd Completion of streetlight installation along Phase II, Beach Park Blvd Wiring and energizing of streetlights along Phase II, Beach Park Blvd Access Point 24 Retaining Wall construction completion near Sta. 185+00 (north of Shorebird Park)
Irrigation installation along Phase I (Shorebird Park to Southern Project Limit) Landscaping work along Phase I (Shorebird Park to Southern Project Limit) Access Point flatwork (concrete ramps and stairs) in Phase I (South of Shorebird Park) Delivery and installation of AP 42 Egress Bridge in Phase I Sheet pile concrete cap construction on Floodwall 22 (Egress Bridge to Southern Project Limit) 417
MONTHLY CONSTRUCTION MANAGER’S REPORT
Monthly Progress Photos
Lightweight Cellular Concrete fill near Retaining Wall 1 in Phase III
Rebar installation for AP-9 pedestrian bridge foundation near Sta. 85+00 in Phase III
Rebar installation for Access Point 14 ramp concrete in Phase II
Access Point 42 (Egress Bridge) foundation pile driving near Sta. 331+00 in Phase I
418
Levee Project Approved Budget: 85,000,000.00$
Vendor Name or Expense Consultant Role or Expense Category Base Contract Amount
Contingency Contract
Amendments
Current Contract
Authority
Amount
Total
Expected/Actual
Cost
Invoices Received
and Paid As Of
07/31/22
Contingency
Spent
Contingency
Remaining
Status
Shimmick Construction Construction Contractor 60,218,000.00$ 9,000,000.00$ 69,218,000.00$ 69,218,000.00$ $48,995,203.28 $5,134,683.64 $3,865,316.36 Active Tanner Pacific (TPI) Construction Management and Inspection 6,698,877.00$ 300,000.00$ 491,500.00$ 7,490,377.00$ 7,550,000.00$ $4,779,993.18 $0.00 $300,000.00 Active Schaaf & Wheeler (S&W) - Phase 3 Engineering Consultant 2,600,000.00$ -$ 208,745.00$ 2,808,745.00$ 3,100,000.00$ $2,707,857.35 N/A N/A Active Urban Planning Partners (UPP) Planning Consultant - EIR 340,404.00$ 51,061.00$ 70,099.00$ 461,564.00$ 470,000.00$ $439,006.29 $51,061.00 $0.00 Active Regional Government Services Authority (RGS) Project Advisory Services** 561,600.00$ -$ -$ 561,600.00$ 561,600.00$ $200,493.00 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 49,000.00$ -$ 61,000.00$ 110,000.00$ 110,000.00$ $93,478.75 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 127,056.00$ -$ -$ 127,056.00$ 127,056.00$ $89,143.75 N/A N/A Active Huffman-Broadway Group (HBG) Environmental Consultant - Post Construction Environmental Monitoring
275,000.00$ 275,000.00$ $0.00 $0.00 $0.00 Future Contract Wilsey Ham (WH) RUNCO Survey 16,518.00$ -$ -$ 16,518.00$ 17,000.00$ $4,825.00 N/A N/A In Progress Wilsey Ham (WH) On-Call Surveyor 44,946.00$ 4,000.00$ -$ 48,946.00$ 50,000.00$ $18,084.50 $0.00 $4,000.00 In Progress Bender Rosenthal, Inc. (BRI) Property Acquisition Consultant 218,083.00$ 31,000.00$ 249,083.00$ 249,083.00$ $38,810.00 $0.00 $31,000.00 In Progress Miscellaneous Expenses Other Miscelleneous Expenses 40,000.00$ 40,000.00$ $65,793.45 Active Miscellaneous Expenses Communications / Outreach Expenses 40,000.00$ 40,000.00$ $23,703.24 Active Miscellaneous Expenses Fees Paid to Other Agencies 200,000.00$ 200,000.00$ $179,997.64 Active Miscellaneous Expenses Property Acquistion Cost of acquisition 100,000.00$ 100,000.00$ $0.00 In Progress Burke, Williams & Sorenson, LLP* City Attorney $ 500,000.00 $ 500,000.00 $387,735.12 Active TBWB Strategies (TBWB) Public Outreach 29,986.00$ 119,565.00$ 149,551.00$ $141,427.04 $141,427.04 Closed Rutan & Tucker (R&T) Attorney 53,874.86$ 53,874.86$ $53,874.86 $53,874.86 Closed EMC Research, Inc. (EMC) Public Opinion Research 44,000.00$ 2,500.00$ 46,500.00$ $46,500.00 $46,500.00 Closed SCI Consulting (SCI) Public Finance Consultant 110,000.00$ 110,000.00$ $37,168.72 $37,168.72 Closed Kitahata Company + William Euphrat Municipal
Finance, Inc. (KC&WE)
Public Finance Advisory Consultant 80,000.00$ 80,000.00$ $24,610.50 $24,610.50 Closed Stradling, Yocca, Carlson & Rauth (SYCR) Attorney - Bond Counsel 15,000.00$ 15,000.00$ $15,000.00 $15,000.00 Closed Huffman-Broadway Group (HBG) Environmental Consultant 20,000.00$ 20,000.00$ $19,980.65 $19,980.65 Closed Schaaf & Wheeler (S&W) - Phase 1 Engineering Consultant 887,644.00$ 887,644.00$ $887,430.58 $887,430.58 Closed Schaaf & Wheeler (S&W) - Phase 2 Engineering Consultant 2,324,286.00$ 529,150.00$ 2,853,436.00$ $2,853,649.42 $2,853,649.42 Closed Miscellaneous (MISC)- Keech Properties LLC Levee Mitigation Credits/Expenses 170,000.00$ 170,000.00$ $170,000.00 $170,000.00 Closed Chrisp Striping for Edgewater 16,764.55$ 3,000.00$ 19,764.55$ $15,818.40 $15,818.40 $3,000.00 Closed 74,626,039.41$ 9,389,061.00$ 86,873,199.17$ $62,289,584.72 *Includes former City Attorney fees
**Assumes 3 years ($187,200 each year) Total Contract Authority Cost: 86,652,659.41$ Levee Project - Budget Cost: 86,873,199.17$ Assuming using all contingencies

ONGOING AND FUTURE

CONTRACTS AND EXPENSESMISCC LOSED CONTRACTS

CITY OF FOSTER CITY
CIP 327-657 Levee Improvements Project
Budget and Cost Information
Attachment 2
419
City of Foster City

MEMORANDUM
DATE: August 5, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Jennifer Nentwig, Principal, Tripepi Smith
SUBJECT: LEVEE IMPROVEMENTS PROJECT – COMMUNICATIONS METRICS Tripepi Smith would like to share the attached updated Levee Improvements Project Communications Dashboard Report with the Mayor and Members of the City Council. In the report, you will see that the metrics now reflect our communication efforts through the month of July 2022.

As a reminder, t his report is a summary that our team typically develops at the end of each month. It includes data on website traffic, social media engagement, community forum participation, and the number and rate of project email and hotline contacts. While Tripepi Smith has been involved in project communications since January 2021, we have pulled numbers (where available) going back to October 2020 to provide a baseline for comparison.

I would like to highlight a few items of note:
• In July 2022, the City gained approximately 254 new followers/subscribers across all social platforms (Facebook, Twitter, Instagram, Nextdoor and the Levee E - Newsletter), compared to 211 followers/subscribers in June 2022. • The number of Levee Project inquiries decreased to 6 inquiries in July 2022, which marks the lowest number of inquiries since January 2022. • Though the project team did not conduct tours or speaking engagements during July 2022, future engagements, including presentations for San Mateo County Council of Cities and the Project Management Institute (PMI) will take place in the coming months.
• Overall reach and engagement dropped from the month prior largely due to content promoting ongoing work and regular announcements, rather than major project milestones. Social media comments regarding the Canada Goose Population Attachment 3
420
Management also decreased significantly, which is partially why reach/engagement was above average months prior.
• Website visitors in July 2022 totaled 4,163, which is comparable to 4,942 visitors in June 2022. It’s also important to highlight the website visitor retention even though there were no major milestones announced in July 2022. The retention is likely due to repeat social media posts promoting the project website, including the FAQ page.
• There have been no new levee petition signatures since August 2021.

Our team is actively monitoring the metrics to analyze the effectiveness of various types of communication and to align the cadence of our efforts to the community’s interest levels. We believe that the City’s proactive social media communications are leading to fewer people having questions or concerns about the project in general – reflecting positively on overall outreach and engagement efforts.

During July 2022, the number of project website visitors continued to remain steady, while the number of inquiries decreased. This continues to highlight that project communications, especially regarding major project milestones and updates, remain effective.

The construction team will continue work with the project team to provide updated information to the Recreational Water User community once a definitive work schedule is available. Any new information will be updated on the project website and social media, which will likely continue to drive traffic to the project’s channels.

As you review the full report, please feel free to let me know if you have any questions. I would be happy to walk you through the report one -on-one if it would be helpful, and we will continue to refine the metrics over time to best meet the project’s needs. 421
422
423
424
4 [1] Due to the recent connectivity with Sprout Social, the metrics generator, we were unable to retrieve the followers metrics for previous months. [2] Nextdoor metrics does not archive the previous months members metric. It must be calculated at the first of the month. [3] Followers/subscribers continue to rise across all platforms. [4] This is a new section as of January 2022.
[5] The Levee Improvements Project team took the City of Corte Madera's Public Works Director, Planning Manager and Senior Civil Engineer on a tour of the project site. [6] The Levee Improvements Project team took the Foster City City Council on four separate project tours in February 2022, which is also where Mayor Awasthi filmed an episode of "The Mayoral Minute." Additionally Public Works Director Louis Sun and Senior Civil Engineer Francine Magno gave a presentation to Hillsdale United Methodist Church. [7] The Levee Improvements Project team participated at the 2022 CEAC Spring Conference. Additionally, Senior Civil Engineer Francine Magno presented at the 2022 Silicon Valley Women in Engineering Conference in March 2022. [8] Senior Civil Engineer Francine Magno provided a levee update at the City's Parks & Recreation meeting and Public Works Director Louis Sun gave a presentation at the Infraday Conference in Los Angeles. [9] Public Works Director Louis Sun and Senior Civil Engineer Francine Magno provided a levee update to the Foster City Rotary Club. [10] Senior Civil Engineer Francine Magno and Tanner Pacific, Inc. coordinated a project tour with representatives from Marin County Public Works. [11] The project team did not conduct tours or presentations in July 2022, though future events are being planned to take place in the coming months. [12] July 2022 marks the lowest number of inquiries since January 2022. [13] Number of posts is only relating to the Levee Improvements Project. [14] Due to the character limit on Twitter, some Tweets had to be posted in a thread (series of Tweets about one topic). [15] Instagram Impressions: The number of times your content is displayed, no matter if it was clicked or not. [16] Facebook post reach dropped in July 2022 likely due to content containing regular announcements, like the Safety Tip of the Week, rather than major milestones like the Baffin Bridge reopening the month prior. Additionally, July 2022 saw a significant decrease in activity related to the Canada Goose Population Management. [17] The City posted a levee-related post in July 2022 highlighting allocation of federal funds toward the project. The number of impressions were comparable to the month prior. [18] Facebook Engagement: Calculated based on the number of likes, comments, shares, and clicks your posts are generating Instagram Engagement: Anytime a user likes, shares or comments on one of your posts.

Twitter Engagement: Total number of times users interacted with a Tweet (clicks anywhere on the Tweet including Retweets, replies, follows, likes, links, cards, hashtags, embedded media, username, profile photo, or Tweet expansion). [19] Overall engagement decreased significantly from months prior largely due to posts highlighting regular announcement and ongoing project activities, rather than new milestones. Additionally, July 2022 saw a significant decrease in comments related to the Canada Goose Population Management.
[20] Though July 2022 did not contain new milestone announcements like the Baffin Bridge reopening in June 2022, the number of website visitors in July 2022 remains comparable to the months prior. [21] This data was retrieved from the highest trafficked Levee URLs:
/publicworks/project/levee-improvements-project-cip-301-657 /community/page/levee-trail-close-shorebird-park-san-mateo-bridge-early-january /publicworks/page/levee-improvements-project-what-will-improved-levee-look /publicworks/page/levee-improvements-project-latest-construction-updates [22] The new Foster City Levee Project webpage was created in Feb. 2020. There was no data from Oct. - January. However, data will only populate under this new website from Feb. on. [23] There have been no new signatures since August 2021 and an additional signature was removed from the petition in January 2022. 425

DATE: August 15, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

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

SUBJECT: RECEIVE AND ACCEPT FINAL LAGOON MANAGEMENT
PLAN

RECOMMENDATION

It is recommended that the City Council receive and, by Minute Order, accept the updated Foster City Lagoon Management Plan (LMP), included in Attachment 1.

EXECUTIVE SUMMARY

The Foster City lagoon is multi-functional, providing flood protection as well as recreational opportunities to Foster City and surrounding communities. While water quality has always been a priority for the City, a variety of factors have contributed to special attention being given to this important topic. Since 2020, additional testing has been employed and the City has employed a number of new techniques and technologies to address the issue.

In February 2022, the City Council awarded an agreement to Waterworks Industries, Inc. to update the City’s LMP to ensure that all possible options for improving water quality were identified and understood. The plan appears as Attachment 1 to this report.

426

BACKGROUND

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

On December 7, 2020, the City entered into an agreement with EOA, Inc. to conduct a study to evaluate potential sources of bacteria in the Foster City lagoon, with a special focus on the beach at Erckenbrack Park. On June 23, 2021, Heal the Bay, a website on the internet, released its Top 10 California "Beach Bummers" list of the most polluted beaches in California. Three beaches located in Foster City were ranked among the top ten including Erckenbrack Park. These beaches have reappeared on the list in subsequent years, but only Erckenbrack and Marlin Park have appeared on the most recent 2022 list, and Gull Park was not on the Beach Bummers list.

On August 16, 2021, staff presented an update on water quality in the lagoon and the relationship of water quality to geese population management. At that time, water samples taken throughout the lagoon were comparable to water quality found in the San Francisco Bay. As part of the EOA study, a final sample was taken on August 26, 2021.

On September 20, 2021, staff provided lagoon monitoring report for the term of March through August 2021 to the City Council. Despite extensive efforts, bacteria levels remained at higher levels.

The City’s current LMP was created in 1992 and requires a comprehensive update. The City Council adopted Resolution No. 2021-181 on December 13, 2021, approving the issuance of a Request for Proposals for consultants to provide professional services to update the LMP. On February 2, 2022, the City Council approved an agreement with Waterworks Industries, Inc. to perform the work.

ANALYSIS

The attached LMP was prepared by subconsultant Blankinship and 427
Associates, Inc., in coordination with primary consultant Waterworks Industries, Inc. Contained in the report is information required in the contract scope of work, including:

1. Water Quality. Review water supply and water chemistry. Analyze sediment loading and contribution to bacterial growth. Review the water quality monitoring program and recommend changes to methods including chemical, mechanical, outreach programs, and wildlife population control.

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

3. Discharge Permits and Regulatory Compliance. Review and update National Pollutant Discharge Elimination (NPDES) permit and Notice of Intent (NOI) protocols required for the application of regulated aquatic pesticides targeting unwanted aquatic plants and algae.

4. Report. Revise existing LMP to incorporate recommended changes.

Based upon the written report and recommendations, the City will utilize a combination of the recommended methods outlined in the updated LMP to address current and future water quality concerns with lagoon water. Staff will utilize budgeted funds to engage the consultant for National Pollution Discharge Elimination System (NPDES) permit compliance monitoring and reporting as well as to draft a 2022 Management Actions memo as an internal guidance document for this year, and then plan for preparation of a 2023 memo later in the fall.

CEQA

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

Even if deemed a project, this action would be exempt under California Code 428
of Regulations 15306 (Class 6) as basic data collection leading to an action which the public agency has not yet approved.

FISCAL IMPACT

There is no cost associated with accepting the report. At the time the contract was awarded, $40,000 was appropriated from the General Fund, of which $24,905 was for Lagoon Management Plan preparation and the remainder was for independent water sampling. It is anticipated that the full amount will be expended.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

Proper lagoon management is in alignment with the City Council’s adopted "Facilities and Infrastructure" Value/Priority Area as the key outcome is to make substantial progress toward an improved lagoon water quality and continual maintenance efforts.

Attachment:
 Attachment 1 – Updated Lagoon Management Plan
429
City of Foster City
Lagoon Management Plan
J
uly 13, 2022
Pre
pared for:

City of Foster City
Public Works Department
100 Lincoln Centre Drive
Foster City, CA 94404
Contact: Allen Smith
(650) 286-3546
P
repared by:

Blankinship & Associates, Inc.
1615 5th Street, Suite A
Davis, CA 95616
Contact: Stephen Burkholder
(530) 757-0941
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Revised July 2022 ii © 2022 Blankinship & Associates, Inc.

City of Foster City
Lagoon Management Plan

Table of Contents

Table of Contents ................................................................................................................................... ii 1 Introduction ................................................................................................................................. 1

1.1 Purpose ....................................................................................................................................... 1

1.2 Integrated Pest Management Overview .................................................................................... 3 2 Facility Description ....................................................................................................................... 4

2.1 Lagoon Description ..................................................................................................................... 4

2.2 Facilities Design Description ....................................................................................................... 5

2.3 Beneficial Uses ............................................................................................................................ 6 3 Lagoon Water Quality Challenges and Action Thresholds ............................................................... 6

3.1 Aquatic Vegetation ..................................................................................................................... 6

3.2 Algae ........................................................................................................................................... 8

3.3 Fecal Indicator Bacteria .............................................................................................................. 8 4 Recommended Routine Monitoring ............................................................................................ 11

4.1 Water Quality Parameters ........................................................................................................ 11

4.2 Visual Monitoring ..................................................................................................................... 13

4.3 Enterococci Monitoring ............................................................................................................ 13 5 Water Quality Management Options .......................................................................................... 14

5.1 Aquatic Weed Management Options ....................................................................................... 16

5.2 Algae Management Options .................................................................................................... 21

5.3 Fecal Indicator Bacteria Management Options ....................................................................... 24 6 Review and Update of Management Plan ................................................................................... 27 7 References ................................................................................................................................. 27 Appendix ................................................................................................................................... 29

List of Tables
Table 1 Lagoon Waterfront Parks and Amenities
Table 2 Typical Lagoon Operating Elevations by Season Table 3 Enterococci levels at select waterfront parks from March to August of 2021 Table 4 Examples of Biota Controlled by Various Algaecides and Aquatic Herbicides Table 5 Examples of Non-Chemical Control Tools Considered for Algae or Aquatic Vegetation Management

List of Figures
Figure 1 Foster City Lagoon Map
Figure 2 Images of Widgeongrass
Figure 3 Images of Filamentous Algae
Figure 4 Lagoon Water Quality Sampling Stations
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Revised July 2022 iii © 2022 Blankinship & Associates, Inc.

List of Appendices
Appendix A EOA Technical Memorandum
Appendix B Routine Monitoring Data Sheet
Appendix C Recommended Water Quality Monitoring Equipment Appendix D CEL Laboratory Chain of Custody Form
Appendix E Foster City Canada Goose Population Management Plan

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List of Abbreviations
APAP Aquatic Pesticide Application Plan
Bay San Francisco Bay
CDFW California Department of Fish and Wildlife
Cfu Colony forming units
City City of Foster City
COC Chain of Custody
DO Dissolved Oxygen
DPR California Department of Pesticide Regulation
E. coli Fecal coliform
EMID Estero Municipal Improvement District
EOA EOA, Inc.

EST Natural Estuarine Habitat for Fish and Migrating Birds (Beneficial Use Designation) FEMA Federal Emergency Management Agency
FIB Fecal Indicator Bacteria
GM Geometric mean
HSUS Humane Society of the United States
IPM Integrated Pest ivManagement
LMP Lagoon Management Plan
MSL Mean Sea Level
NPDES National Pollutant Discharge Elimination System
NPS Non-Point Source
PAA Peroxyacetic Acid
PCA Pest Control Adviser
Ppt Part per thousand
QAC Qualified Applicator Certificate
QAL Qualified Applicator License
REC1 Water Contact Recreation (Beneficial Use Designation) REC2 Non-Contact Water Recreation (Beneficial Use Designation) RWQCB Regional Water Quality Control Board
SCP Sodium Carbonate Peroxyhydrate
STV Statistical Threshold Value
SWRCB State Water Resources Control Board
USFWS U.S. Fish and Wildlife Service
WILD Wildlife Habitat (Beneficial Use Designation)
WQO Water Quality Objective

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Limitations
The services used to prepare this document were performed consistent with our agreement with Waterworks Industries, Inc. for the City of Foster City and were rendered in a manner consistent with generally accepted professional consulting principles and practices using the level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the same time the services were performed. No warranty, express or implied, is included. This document is solely for the use of our client unless otherwise noted. Any use or reliance on this document by a third party is at such party’s sole risk and such party agrees to indemnify and defend Blankinship & Associates.

Copyright Blankinship & Associates, Inc., 2022. All rights reserved. 434
City of Foster City Lagoon Management Plan
Revised July 2022 1 © 2022 Blankinship & Associates, Inc. 1 Introduction
Foster City Lagoon is a man-made estuary that follows the shape of earlier sloughs in the area, located in the middle of the City of Foster City (City), in San Mateo County, California (Figure 1). Completed in 1971, its sources of water are South San Francisco Bay and the Belmont Slough watershed (via Belmont Slough) and storm water runoff from the City's storm drainage system . The lagoon serves as a floodwater detention basin and a recreation site, and seasonally experiences problems with excessive aquatic weed growth, algae blooms, and excessively high bacteria levels which prevent or diminish recreational use.

Investigative studies have previously been conducted, and several management approaches have been tried with little or no success relative to bacteria. Algae and aquatic weed growth are occasional nuisances that are actively addressed by City staff using Integrated Pest Management (IPM).

1.1 Purpose
The purpose of this Lagoon Management Plan (LMP) is to provide a comprehensive document that will guide the management and operation of the lagoon. The first and primary objective and goal of this LMP is to direct the management of the lagoon in a manner that preserves the lagoon's beneficial uses, while reducing reliance on chemical treatment of the lagoon's waters to control aquatic weeds, algae, and bacteria. The second objective of this LMP is to function as a working document that can be readily referred to and understood by City Staff and serve as a guide for implementat ion of management activities.

Historically, the LMP served as the City’s plan document to allow for the application of algaecides or aquatic herbicides during the 1980’s and 1990’s prior to the adoption of the previous and current Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for Residual Aquatic Pesticide Discharges to Waters of the United States from Algae and Aquatic Weed Control Applications (Water Quality Order 2013-0002-DWQ) (herein referred to as “Aquatic Weed NPDES Permit”) by the State Water Resources Control Board (SWRCB ). In June 2022, the City submitted an Aquatic Pesticide Application Plan (APAP) and Notice of Intent to comply with the current Aquatic Weed NPDES Permit. The City’s APAP describes how perm it compliance will be achieved through the application of IPM, water quality monitoring and reporting, and various algae and widgeongrass best management practices. The APAP focuses on algae and aquatic vegetation management and permit compliance; the LMP includes additional details about fecal indicator bacteria (FIB), potential source management and routine water quality monitoring City staff will conduct.

In June of 2020 one of the lagoon beaches (Erckenbrack Park), was listed on the 2019-2020 Beach Bummer List that is included in the Heal the Bay annual Beach Report Card (Ginger 2021). The Beach Bummer List names the ten (10) beaches along the West Coast, from Washington to Mexico, with the poorest water quality based on three types of fecal indicator bacteria (FIB): total coliform, fecal coliform ( E. coli), and Enterococcus species (Ginger 2021). In 2021 , three (3) of the ten (10) beaches listed on the 2020 -2021 Beach Bummer List were lagoon beaches: Erckenbrack Park (ranked #2), Gull Park (#4), and Marlin Park (#8) (Ginger 2021). All grades are based on routine water quality sampling conducted by local and state health agencies, sanitation departments, and dischargers. Reduced lagoon monitoring due to COVID -19 stay at home orders in 2020 and poor water quality conditions resulted in low grades for the three lagoon beaches listed in 2021.

435

Figure 1 – Foster City Lagoon Map
Leo J. Ryan
Memorial Park
Gull Park
Erckenbrack Park Marlin Park
Lagoon Inlet
from Belmont
Slough
Lagoon Outlet
to SF Bay
Catamaran Park
Boat/Dog Park
Sea Cloud Park
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City of Foster City Lagoon Management Plan
Revised July 2022 3 © 2022 Blankinship & Associates, Inc.

In response to the Beach Bummer Listing, the City contracted with EOA, Inc. (EOA) in 2021 to develop a lagoon FIB monitoring program and assist in a preliminary evaluation of potential sources of FIB to the lagoon, with a focus on Erckenbrack Park . Analytical results of Foster City Monitoring and County Environmental Health Services Monitoring for enterococci at Erckenbrack Park from March to August of 2021 were gathered by EOA and showed consistent exceedances of the FIB water quality objective (WQO) set by the San Francisco Regional Water Quality Control Board ( RWQCB). A discussion of potential FIB sources to the lagoon and recommendations for mitigation measures were reported in the EOA technical memorandum (Appendix A). An additional component of the me asures to address FIB and other water quality and management challenges in the lagoon is this 2022 revision to the Lagoon Management Plan.

Please note, this is a working document, subject to routine updates.

1.2 Integrated Pest Management Overview
Management of aquatic vegetation, algae, and bacteria by the City will be determined by the implementation of IPM. One of the fundamental components of IPM is to establish a general and reasonable set of control measures that not only aid in managing algae, aquatic vegetation, and bacteria but also address public health and safety, economic, legal, and operational requirements. This typically involves evaluating a variety of alternative control techniques and implementing a combination of controls.

Control techniques are generally described as physical/mechanical, cultural, chemical (i.e., herbicide application), or biological tools or strategies for pest management. In addition to identifying a reasonable set of pest control measures, IPM involves establishing action thresholds. An action threshold is the point at which action should be taken for the control of aquatic weeds , algae and/or bacteria to prevent unacceptable impacts to water quality, lagoon operations and/or recreation use. When sampling results or observations indicate that an action threshold has been exceeded, City water quality staff will respond by identifying the source of the problem and a control action may be implemented to mitigate the effect of aquatic vegetation, algae, or bacteria presence.

Control actions may also be made prior to threshold exceedance. Based on predicted growth rate and density, historical algae , aquatic vegetation and/or bacteria trends, weather, water flow , herbicide properties, and site -specific experience, aquatic weeds , algae and/or bacteria may reasonably be predicted to cause future problems. Accordingly, they may be treated soon after emergence or when deemed appropriate based on the control activity to be used. For example, fluridone works by inhibiting a submersed aquatic weed’s ability to produce carotene, resulting in the degradation of chlorophyll and finally the death of the plant. Because this is a slow process, it is necessary to maintain an adequate concentration of the chemical for a sufficient period of time to effectively control aquatic weeds.

Therefore, fluridone-based herbicides may be applied to the lagoon when submersed aquatic vegetation begins active growth as opposed to when recreational use control tolerances are exceeded. Even though algae and/or nuisance vegetation may not be an immediate problem at this phase, treating them before they mature, reproduce, or spread reduces the total amount of algaecide or aquatic herbicide needed because the younger aquatic plants or less dense algae mats are more susceptible and there is less plant biomass to target. Furthermore, treating aquatic vegetation or algae within the ideal time frame of its growth cycle enhances the likelihood that the selected control measures will be most effective. Managing aquatic plant populations before they produce seeds, tubers or other reproductive organs is an important step in IPM. Generally, treating algae and aquatic weeds earlier in their growth cycle results in fewer control actions needed and less total algaecide or aquatic herbicide used. 437
City of Foster City Lagoon Management Plan
Revised July 2022 4 © 2022 Blankinship & Associates, Inc.

When chemical controls are used, selection of appropriate algaecide and/or aquatic herbicide(s) and rate of application is done based on the identification of the algae and aquatic weed, its growth stage, and the appearance of that algae or aquatic weed or a related species on the product label. The selection of and decision to use an algaecide or aquatic herbicide is based on the recommendation of a California Department of Pesticide Regulation (DPR)-licensed Pest Control Adviser (PCA). The PCA considers a variety of control options that may include mechanical and/or cultural techniques that alone or in combination with algaecide or aquatic herbicide use are the most efficacious and protective of the environment. 2 Facility Description
The Foster City Lagoon design originated in a Master Plan for the development of what was known at the time as Brewers Island, a 2,600-acre parcel of land located on the San Francisco Bay (the Bay) front east of the City of San Mateo. The Master Plan for what was to become the City, was adopted by the San Mateo County Board of Supervisors in 1960. This Master Plan provided for a central lagoon which was to serve two functions. The first and primary function was for a storm drainage detention basin for a city with a population of 36,000. The second function was for recreational use.

By a special act of the California Legislature in 1960, the Estero Municipal Improvement District ( EMID) was created. Subsequently, in April of 1971, the City was incorporated and assumed the responsibility for management of the lagoon. All other responsibilities for EMID functions related to potable water and sanitary sewage remained under the jurisdiction of the EMID. Staff for EMID serve a dual role as they also function as staff for the City.

2.1 Lagoon Description
The lagoon is a man-made estuary which divides the City. Shaped like the number two (2), it extends from north to south in a meandering alignment. Its surface area is approximately 212 acres . The volume of water at the summer operation level is up to approximately 1,300 acre-feet. The main channel ranges in width from about 200 feet along most of its length to over 1,000 feet at the lake near East Hillsdale Boulevard. After dredging in 2004, the average depth is six feet at summer water level.

There are seven parks about the shoreline (see Figure 1). These parks and their amenities make the lagoon the aesthetic and recreational centerpiece of the City. See Table 1 below for details. Many of these parks have beaches and/or boardwalks, as well as picnic tables, lawn areas and play areas . There are also two boat launching ramps which encourage use of the lagoon for water sports activities with the limitation that no gas -powered boats, other than City/ EMID maintenance and safety boats , are authorized. This restriction minimizes the potential for fuel spillage and minimizes shoreline damage from boat wakes. 438
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Table 1. Lagoon Waterfront Parks and Amenities
Park Name Location Amenities
Leo J. Ryan Memorial Park East Hillsdale Blvd & Foster City Blvd. 1, 2, 3, 4, 6, 7, 8, 11, 14 Boat Park/Dog Park Bounty Dr. & Foster City Blvd. 1, 2, 3, 4, 6, 11 Erckenbrack Park Niantic Dr. 2, 4, 5, 6, 11, 12
Gull Park Gull Ave. between Mallard & Plover
St.
4, 5, 6, 11, 12
Marlin Park Marlin Dr. across the street from
Pompano Cir.
4, 5, 6, 11, 12
Catamaran Park Catamaran St. & Shell Blvd. 3, 4, 5, 6, 7, 8, 10, 11, 12, 13 Sea Cloud Park Pitcairn & Sea Cloud Way 2, 4, 6, 9, 10, 11, 12 Amenities Key:

1. Boat launching facilities

2. Parking

3. Boardwalk

4. Picnic Tables

5. Beach

6. Lawn Area

7. Basketball court

8. Tennis court

9. Baseball diamond

10. Soccer Field

11. Restrooms

12. Tot Lot/Play Apparatus

13. Volleyball court

14. Skate park

2.2 Facilities Design Description
The typical land elevation within the City i s ≥100 ft. Because City land has been subjected to tidal elevations of up to 106 feet, the City must follow Federal Emergency Management Agency (FEMA) requirements intended to minimize impacts of sea level rise on residents. In compliance with these requirements, the network of levees surrounding the City are being raised to account for possible sea level rise and to reduce future flood potential in the city.

Note that historical data on lagoon surface level elevation is based on 1929 Mean Sea Level (MSL) and that 100 feet was added to this baseline to eliminate negative elevations. Thus, elevation 100 feet or sea level for Foster City is equal to elevation 0 feet or 1929 MSL.

Table 2 shows typical lagoon operating elevations throughout the year.

Table 2. Typical Lagoon Operating Elevations by Season
Season Elevation (feet)
Winter 98.5 – 98.7
Spring-Early Summer 99.0
Summer 99.2
Th
e City operates and maintains the lagoon system. Components of the system include an intake structure at the south end (Belmont Slough) and a drainage pumping station at the north end (San Francisco Bay along East Third Avenue). The drainage pump station includes two pumps, connected to a 66-inch steel pipe that discharges into a large, concrete forebay. A triple 5-foot by 12-foot box culvert connects the forebay under East Third Avenue and through the levee to the south San Francisco Bay. Flap gates are installed on the pipes so that no tidal waters can backflow into the lagoon. In the lagoon pump station’s original design, no lagoon water could be discharged other than by pumping. Thus, the lagoon at that 439
City of Foster City Lagoon Management Plan
Revised July 2022 6 © 2022 Blankinship & Associates, Inc. time was physically separated from Bay waters a nd was completely independent of tidal cycles. The current lagoon control structures provide for a constant water surface elevation by setting of controls for the specified elevation, allowing discharge pumps cycle on when needed to maintain the water leve l in the lagoon. The controls are adjustable so that a variety of water surface elevations may be obtained throughout the year.

Trash bars at the Belmont Slough water intake structure prevent floating debris from entering the lagoon.

Trash bars at the lagoon pumping station prevent discharge of debris from the lagoon into the Bay while at the same time providing physical protection for the pumps.

2.3 Beneficial Uses
The California State policy for water quality control is aimed at achieving the “highest water q uality consistent with the maximum benefit to the people of the state.” The State’s Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan) identifies potential beneficial uses of Lower San Francisco Bay and adjacent inland surface waters like the Foster City Lagoon. Beneficial uses, which must be considered in management of lagoon, include:
• Water contact recreation (REC1)
• Non-contact water recreation (REC2)
• Natural estuarine habitat (EST) for fish and migrating birds • Wildlife habitat (WILD)

The primary function of the lagoon is to be a storm drainage detention basin for the City . Its sources of water are the South San Francisco Bay through the Belmont Slough watershed via Belmont Slough intake structure, and storm water runoff from the City's watershed. The lagoon receives runoff from a watershed of approximately 2,313 acres.

The secondary function of the lagoon is recreational use. The lagoon has about 16.5 miles of shoreline, much of which is made up of residences and developments. Interspersed among the developments are several small parks, many of which have a community beach, picnic areas, lawn, and other amenities (refer to Section 2.1). These parks and their amenities make the lagoon the aesthetic and recreational centerpiece of the City. The lagoon also has two public boat launch ramps, hundreds of private boat docks, and launching ramps.
3 Lagoon Water Quality Challenges and Action Thresholds

3.1 Aquatic Vegetation
The plant, widgeongrass (Ruppia maritima L.), has historically been found in the lagoon. Widgeongrass is a native perennial submersed aquatic plant that is commonly found in brackish or saltwater. While it can provide valuable food for wildlife like migrating waterfowl and habitat for fish, it also creates nuisance conditions in managed water bodies like the lagoon if not managed . Additionally, it is suspected, based on information from the City of San Mateo, that dense stands of widgeongrass can harbor FIB in the plant canopy, potentially increasing the occurrence of FIB detections and further impairing a waterbody.

In the San Francisco Bay Area, widgeongrass typically begins growing in late March to April as water warms and days get longer. Widgeongrass grows from rhizomes in the sediment or seeds from the lagoon bottom. Widgeongrass emergence timing and growth rate is influenced by water turbidity and water temperature. It can grow in water depths of over 10 feet, so it could inhabit all areas of the lagoon. 440
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Widgeongrass can reach the water’s surface and begin producing flowers by June . The plant can reproduce by seed, or vegetatively from rhizomes or stem fragment that break off due to wind/wave action, harvesting or boat propellers. The stem fragments can drift to new areas of the lagoon and establish roots to create a new stand of widgeongrass.

When widgeongrass reaches the surface of the lagoo n and growth is in dense stands, it can impede boating and swimming in the lagoon. This occurred in the lagoon during past summers when no light - shading dye or aquatic herbicides were used. The lagoon's relatively shallow maximum depth of 6 feet, warm summer water temperatures, and abundant nutrient supply can allow for unchecked growth of widgeongrass. Widgeongrass can interfere with the flow of water necessary for the lagoon to operate as a stormwater detention basin , impede efforts at flushing lagoon wat er through the system , and impair recreational uses (e.g., motor boating and swimming). After producing flower and as water temperatures cool in the late summer or fall, the foliage of widgeongrass plants will senesce and decompose, with the potential to result in odor complaints and impacts to visual aesthetics of the lagoon. This decomposition process can deplete the amount of dissolved oxygen in the lagoon which can , in turn, be detrimental to fish and other animal life in the water.

Figure 2. Images of widgeongrass (Ruppia maritima L.), courtesy of Lady Bird Johnson Wildflower Center, University of Texas, https://www.wildflower.org/plants/result.php?id_plant=RUMA5 The action threshold for widgeongrass management is defined as 1) when widgeongrass reaches a height and density in the water column that interferes with boating or swimming, or 2) the location and growth rate of widgeongrass is anticipated to interfere with boating or swimming. Once at or above these growth levels, widgeongrass also has the potential to fragment and wash ash ore to form aesthetic and odor nuisances.

A thatch rake or double-sided rake with the handle removed and tied to a rope is a commonly used piece of equipment to sample submersed aquatic plants. To determine if the action threshold is met, City staff should 1) make regular observations for free-floating fragments of widgeongrass throughout the lagoon when conducting inspections, and 2) throw a weed rake into the lagoon at historic widgeongrass hotspots one to three times to determine if widgeongrass is present, and if so, at what density and growth stage.

Record these observations on the Routine Monitoring Data Sheet found in Appendix B. When r ake (a) (b)
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Revised July 2022 8 © 2022 Blankinship & Associates, Inc. samples indicate a grass length of 12 to 18 inches and/or the plant is actively growing will create nuisance conditions, City staff should plan to implement a control action.

3.2 Algae
By mid-summer, filamentous algae becomes noticeable along the shallow areas of the lagoon. Eventually, these mats become dislodged, float to the surface, and begin to decay. The subsurface growth of this algae is aesthetically offensive, particularly around the swimming beaches. Decaying algae mats also produce noxious odors as hydrogen sul fide. Untreated, the filamentous algae discourage s boating and swimming in the lagoon, and causes complaints from residents downwind of its undesirable odors.

The action threshold for filamentous algae is defined as the point at which an accumulation of algae on the water surface interferes with motor craft or swimming , or creates nuisance conditions that result in odor complaints by lagoon users. Threshold exceedance may be realized when City staff may make visual observations of floating algae mats accumulating on the surface or receive multiple nuisance algae complaints via the City’s SeeClickFix app (https://seeclickfix.com/foster-city-ca). The weed rake may be used to pull up filamentous algae mats for confirmation of threshold exceedance.

Figure 3. Images of a filamentous algae courtesy of (a) Janet Fitzsimon and AquaPlant; https://aquaplant.tamu.edu/plant-identification/alphabetical-index/filamentous-algae/ and (b) Stephen Burkholder.

3.3 Fecal Indicator Bacteria
Bacteria levels have become increasingly problematic in the lagoon and can get high enough during the summer months to warrant closing the beaches to swimming for the protection of public health. Three lagoon beaches (Erckenbrack Park, Gull Park, and Marlin Park) appeared on the 2020-2021 annual Beach Bummer List. The list assigns water quality grades based on three FIB: total coliform, fecal coliform ( E. coli) and Enterococcus species . The aforementioned lagoon beaches received three of the then wor st Beach Bummer water quality grades on the West Coast (Ginger 2021). The source(s) of the bacteria is not yet fully known and may vary by season but appears to be mostly a result of animal waste from the large numbers of waterfowl (e.g. Canada geese) inhabiting the lagoon. Other potential sources of bacteria is domestic animal waste washed into the City's storm drain system and discharged to the lagoon during (a) (b)
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Revised July 2022 9 © 2022 Blankinship & Associates, Inc. winter rains, as all street drainage in the City ends up in the lagoon. Bacteria levels around public beaches are assumed to be exacerbated by the tendency for people to feed the waterfowl which congregate at these locations. The longer the period of lagoon water holding during the summer months, the more likely it is that the bacteria levels will rise to levels potentially dangerous to human health (EOA 2021).

In February of 2019 the SWRCB published bacteria WQOs to be added to the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California ( SWRCB 2019). The bacteria WQO for all waters where the salinity is greater than 1 part per thousand (ppt ) for 5% of the time during the calendar year , including the lagoon , is a six -week rolling geometric mean (GM) of enterococci not to exceed 30 colony forming units (cfu) per 100 mL, calculated weekly, with a statistical threshold value (STV) of 110 cfu/100 mL not to be exceeded by more than 10 % of the samples collected in a calendar month.

Analytical results of San Mateo County EHS Monitoring for enterococci at Erckenbrack Park, Gull Park and Marlin Park from March to August of 2021 were gathered by EOA, Inc. and are presented in Table 3 below (EOA 2021), along with six-week GMs. The WQO for the GM and the STV are consistently exceeded both Erckenbrack Park and Marlin Park, a trend continuing in 2022. Because of these exceedances, the SWQCB may eventually add the Lagoon to the 303(d) List of Impaired and Threatened Water Bodies in the San Francisco Bay Region. The City acknowle dges that it will need to develop a control plan to address this issue and avoid being added to the 303(d) list.
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Table 3. Enterococci levels at select waterfront parks from March to August of 2021 Erckenbrack Park Gull Park Marlin Park
Enterococci
(MPN/100
mL)
6 week
GeoMean
Enterococci
(MPN/100 mL)
6 week
GeoMean
Enterococci
(MPN/100
mL)
6 week
GeoMean
State WQO: 110 30 110 30 110 30
3/15/2021 52 NA 10 NA 20 NA
3/22/2021 441 NA 20 NA 644 NA
3/29/2021 20 NA 75 NA 30 NA
4/5/2021 211 NA 10 NA 31 NA
4/12/2021 51 NA 20 NA 10 NA
4/19/2021 581 119.19 20 19.79 52 42.89
4/26/2021 20 101.65 41 25.03 10 38.21
5/3/2021 41 68.41 72 30.99 465 36.20
5/10/2021 10 60.95 62 30.02 52 39.67
5/17/2021 10 36.67 10 30.02 31 39.67
5/24/2021 97 40.81 30 32.12 41 50.19
5/31/2021 121 31.42 20 32.12 31 46.04
6/7/2021 20 31.42 20 28.50 52 60.60
6/14/2021 275 43.15 50 26.82 10 31.96
6/21/2021 95 62.80 41 25.03 74 33.89
6/28/2021 185 102.13 97 36.56 63 38.15
7/5/2021 NS 103.18 NS 38.03 NS 37.60
7/12/2021 63 90.56 52 46.04 52 41.70
7/19/2021 299 155.54 1 25.29 30 37.35
7/26/2021 52 111.48 10 18.33 31 46.84
8/2/2021 288 139.16 41 18.33 52 43.65
8/9/2021 31 97.35 20 13.36 41 40.05
8/16/2021 86 95.36 31 15.38 10 31.78
8/23/2021 85 100.24 <10 11.68 241 41.04
Notes
NA – Not Available
NS – Not Sampled
Bold – Above WQO
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Revised July 2022 11 © 2022 Blankinship & Associates, Inc. 4 Recommended Routine Monitoring
The routine monitoring for the lagoon should consist of visual observations and collection of water samples at six locations on a monthly basis during times of the year when nuisance conditions may be observed. Typically, this would occur from March through October. These sampling locations are listed below and shown in Figure 4:

1. Leo J. Ryan Park

2. Center of Lagoon Near Leo J. Ryan Park

3. Marlin Park

4. Erckenbrack Park

5. Gull Park

6. Belmont Slough intake facility (outside lagoon)
It is recommended that the City purchase a YSI ProODO/CT optical dissol ved oxygen (DO), temperature and conductivity meter , a WaterMark Limnological Weighted Secchi Disc , and an aquatic weed rake .

Purchase information for these items can be found in Appendix C.

4.1 Water Quality Parameters
Four water quality parameters (i.e., temperature, conductivity, DO and water clarity via secchi depth) should be measured monthly at all sites and be recorded by city staff using the Foster City Lagoon Routine Monitoring Data Sheet, provided in Appendix B. Data should be compiled in an Excel spreadsheet with formatted tables and graphs to create a dataset that will allow observation and identification of trends of all four parameters. The dataset should be updated monthly.

4.1.1 Water Temperature
Water temperature is one of several factors that influence the germination, emergence, and growth rate of aquatic plants and algae. While the optimal temperature ranges vary by species, a temperature range of approximately 65°F – 86°F is considered optimal for widgeongrass . Algae species present change throughout the year based on many factors, but in general, the warmer the water, the faster its potential growth rate.

4.1.2 Conductivity
Conductivity provides a measure of what is dissolved in water. A higher conductivity value indicates that there is a higher concentration of dissolved salts and other chemicals in the water, which may occur from evaporative losses after holding the lagoon closed during the summer. This could inform decisions about operation of the water intake pipes and outfalls to prevent evaporation from substantially changing salinity conditions in the lagoon.

4.1.3 Dissolved Oxygen
Oxygen is produced by plants and algae during photosynthesis. When the algae population is growing at a fast rate, it may block sunlight from reaching other aquatic plants and cause a change in DO levels.

Additionally, oxygen is consumed by bacteria during the aquatic weed and algae decomposition process, like what may occur after treatment with algaecide or aquatic herbicide. L evels of DO lower than 3.0 to

5.0 mg/L can result in the death of fish, especially those that need high levels of DO . The Basin Plan DO objective for the lagoon is greater than 5.0 mg/L.
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Figure 4 – Lagoon Water Quality Sampling Stations
Leo J. Ryan Park
Sampling Location
Gull Park
Sampling Location
Erckenbrack Park
Sampling Location
Marlin Park
Sampling Location
Middle of Lagoon
Near Leo J. Ryan Park
Sampling Location
Belmont Slough
Intake Facility
Sampling Location
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4.1.4 Water Clarity and Secchi Depth
A Secchi disk is used to measure water clarity. The lowest depth a Secchi disk is still visible is a direct measure o f how deep sunlight is penetrating the water and an indirect measure of the amount of suspended material in the water. Water clarity is primarily affected by algae, suspended sediments, and if applied, dye. Too much algae growth, sediment carried by stormwater runoff or resuspension of bottom sediments, and the use of dye can all decrease the clarity of the lagoon water. Low water clarity can be beneficial by limiting the ability of algae or aquatic plants to photosynthesize.

How to Measure Secchi Deptha:

1. Position yourself with the sun at your back, preferably on the shaded side of the boat. Do not wear sunglasses.

2. Lower the Secchi Disk into water until it just disappears.

3. Read the depth from a calibrated lineb.

4. Raise the Secchi Disk until it just appears. Read the depth.

5. Add readings from Steps 1 and 2. Divide by 2.

6. Record the result of Step 5 as Secchi Disk Depth.

Notes:
a Adapted from SWRCB Standard Operating Procedure 3.1.5.1 (Gregorio 2010) b To calibrate a line, mark standard intervals (in feet or meters) with an indelible marker.

4.2 Visual Monitoring
City staff should conduct visual observations of the entire lagoon monthly during the growing season to identify emerging nuisance conditions and need for treatment. The following actions should be employed:
• Initiate inspections in March and conduct monthly through October, or as needed based on the weather and/or lagoon condition.
• Observe for indicators of nuisance growth, such as accumulation of benthic or floating algae, and throw a weed rake for evidence of widgeongrass or other growth if not otherwise visible. • Observe for indicators of high bacteria levels, such as waterfowl and dog fecal matter. • Utilize action thresholds to inform implementation of control actions. • Measure and record ambient environmental conditions and physical water quality characteristics that may provide insight to potential nuisance conditions. • Record the inspection event using the Foster City Lagoon Routine Monitoring Data Sheet, shown in Appendix B
Schedule subsequent inspection and/or control actions as applicable.

4.3 Enterococci Monitoring
In addition to measurement of water quality parameters and visual assessment, City staff should conduct monthly sa mple collection for enterococci at the six locations for submittal to a qualified analytical laboratory. This monitoring will augment the weekly San Mateo County Health Department monitoring at City beaches.

If high concentrations of enterococci are observed in the weekly beach sample results by San Mateo County, and the source of FIB is unknown, the City may elect to conduct “targeted” monitoring at select 447
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Revised July 2022 14 © 2022 Blankinship & Associates, Inc. locations for DNA analysis. Targeted sampling will be used to determine what organisms are contributing bacteriological pollutants using CEL Laboratory’s DNA analysis of FIB sources. The Chain of Custody (COC) form for CEL Laboratory is provided in Appendix D. The supplementary information on FIB source may trigger additional actions like enhanced geese hazing.

4.3.1 Surface Water Sampling Techniques
Samples will be collected at the approximate mid-depth. As necessary, a long-handled sampling pole will be used for locations that are difficult to access. Samples will be collected in a manner that minimizes the amount of suspended sediment, surface scum, algae, aquatic weeds and/or debris in the sample. Surface water grab samples will be collected directly by the sample container or by an intermediary container (poly, stainless steel or glass) if the sample container cannot be adequately or safely used. 5 Water Quality Management Options
Treatment of algae , aquatic plants, and sources of FIB is determined by the application of IPM , which involves the evaluation and implementation of a combination of control techniques. Thresholds are met when aquatic weeds or algae cause management challenges, nuisance conditions or result in complaints from lagoon users , and/or enterococci levels exceed the WQO (see Section 3 above). For example, if a population of widgeongrass equals or exceeds a threshold, an aquatic herbicide application may be made.

Problems regularly associated with aquatic vegetation and algae include impacts to contact (swimming, kite surfing) and non -contact recreation (boating), nuisance odors, and aesthetic impacts from floating weed fragments or algae mats in the lagoon. Human health concerns associated with coming into contact with enterococci and other fecal bacteria include a greater risk of contracting illnesses such as stomach flu, ear infections, upper respiratory infections, and rashes (Ginger 2021).

Water quality management options in the lagoon can generally be categorized as physical/mechanical, biological, cultural, and chemical controls. Physical/mechanical controls are practices that kill or damage a pest directly, physically block or prevent pes t entry, or make the environment unsuitable for pests.

Biological control is the use of natural enemies or other species to manage pests, typically in an effort to restore, enhance, or mimic naturally occurring conditions. Cultural controls are preventativ e measures that discourage damaging pest populations from developing by reducing a pest’s ability to establish, reproduce, disperse, and survive. Chemical control is the use of pesticides which are intended to kill, prevent, repel, or mitigate pests.

Examples of chemical and non-chemical control tools considered for use in the lagoon are shown in Table 4 and Table 5 and briefly discussed below.

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Table 4. Examples of Non-Chemical Control Tools Considered for Algae, Aquatic Vegetation, or FIB Management
Algae Aquatic Vegetation Bacteria
Control Tool Filamentous Cyanobacteria Submersed Emergent Fecal Indicator
Bacteria
Physical/Mechanical Controls
Benthic barriers O O X O O
Hand removal X O X X O
Mechanical harvesting X O X X O
Raking/netting X O O O O
Waterfowl fencing O O O O X
Cultural Controls
Aeration & Oxygenators O X O O O
Nutrient management X X X X O
Reduction of light X X X O O
Sediment dredging X X X X O
Water Level Manipulation X X X X O
Water Circulation X X X O X
Lagoon Flushing X X O O X
Stormwater BMPs X X X O X
SolarBee O X O O O
Waterfowl Management X X X O X
Public Outreach/Education O X O O X
Biological Controls
Herbivorous Fish X O X O O
Notes: “X” indicates the tool may provide control of the associated biota. “ O” indicates the tool is ineffective or unlikely to provide control of the associated biota. Efficacy of implementation is variable based on target species.

Table 5. Examples of Biota Controlled by Various Algaecides and Aquatic Herbicides Algae Aquatic Vegetation
Control Tool Filamentous Cyanobacteria Submersed Emergent Diquat X X X X
Fluridone O O X X
Hydrogen Peroxide X X O O
Imazamox O O X X
Peroxyacetic Acid X X O O
Sodium Carbonate Peroxyhydrate X X O O
Notes: “X” indicates the tool may provide control of the associated biota. “O” indicates the tool is ineffective and/or not currently labeled for use for control of the associated biota. Target biota and efficacy may vary between products. Always read and follow the product label. 449
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5.1 Aquatic Weed Management Options

5.1.1 Physical/Mechanical Controls

5.1.1.1 Benthic Barriers
Benthic barriers are typically rubber or plastic blankets that are placed on the bottom of the lagoon to prevent emergence of submersed aquatic vegetation like widgeongrass in targeted locations. The benthic barriers are made from negatively buoyant materials and typically deployed as sheets and laid out on the bottom of the waterbody and weighted or pinned to the lagoon bottom. These systems provide immediate and season-long control of all aquatic vegetation where they are placed.

One significant drawback to this alternative control is the generally high costs of materials. Benthic barriers cost from $0.75 to $1.25 per square foot, installed. The barriers generally need to be removed at the end of each growing season and reinstalled in the spring. Regular maintenance and inspections are required to keep the barriers clean of any buildup of sediment that could allow for widgeongrass growth on top of the barrier. The City is not currently considering the use of benthic barriers because widgeongrass has not been an issue in recent years.

5.1.1.2 Mechanical Cutting and Harvesting
Mechanical cutting and harvesting consists of direct harvesting of the aquatic plants in the lagoon and/or removing unattached plants that drift into intensively used areas or otherwise become a nuisance.

Generally, these techniques are very labor intensive. Mechanical removal places personnel at risk of general water and boating hazards, drowning, risks the spilling of motor oil and fuel, and can increase air pollution. The cost per area of mechanical removal is significantly higher than the cost of labor, product and equipment of the application of algaecides or aquatic herbicides. The increased cost of mechanical aquatic weed abatement does not include the indirect costs associated with the aforementioned risks (pollution abatement, worker’s compensation claims, etc.).

In some instances, the use of mechanical techniques may be necessary when the use of algaecides or aquatic herbicides is not practical, vegetation is not at an appropriate growth stage, or if the lagoon’s recreational activities are significantly impacted. Blankinship & Associates estimates that mechanical removal is 10 to 25 times more expensive than using chemical controls. This additional expense does not include the cost for trucking and disposal of harvested material or f or obtaining potentially necessary permits. Waste must be either hauled wet to a landfill or hauled wet and allowed to dewater and dry out at an upland site before disposal at a landfill. Trucking and tipping costs are higher for wet material and can greatly increase the cost of mechanical harvesting.

Widgeongrass can be spread through fragmentation, and mechanical control has the potential to increase the distribution of it throughout the lagoon. Environmental impacts due to the use of mechanical techniques include the creation of water-borne sediment and turbidity due to equipment working in the water. Disturbing sediment may cause additional problems such as expansion of areas vulnerable to widgeongrass establishment, fragmentation and re-establishment of aquatic weeds, and siltation.

Mechanical removal has been and will continue to be implemented by the City, as needed, to remove vegetation in some areas. While effective in the short- term, regrowth or reemergence of vegetation is common.
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5.1.1.3 Hand Removal
Similar to the mechanical harvesting discussed above, hand removal of detached widgeongrass nuisance drift is conducted by City staff on an as-needed basis (e.g., when City staff observe it during weekly trash collection activities). This option has proven effective in localized areas of accumulation of widgeongrass and will be implemented to address accumulation of aquatic weeds around park beaches, docks, coves or other infrastructure.

5.1.1.4 Manual Raking/Netting
Widgeongrass can be removed by raking or removing it from the lagoon with a net. This method may be used by residents around their docks and shorelines. As with most nuisance aquatic plants, it will re - establish from any remaining plant roots or dislodged fragments. As such, this control method should be combined with other options described in this section for longer-term control.

5.1.2 Cultural Controls

5.1.2.1 Control Method Timing
Modifying the timing of aquatic herbicide and non-herbicide controls can prevent plants from reaching reproductive growth stages as well as reduce the amount of aquatic herbicides used. This approach can include making applications before the density of aquatic vegetation is high enough to require higher aquatic herbicide application rates, a larger application area, or additional applications to maintain aquatic weed populations below threshold levels.

5.1.2.2 Nutrient Management
Nutrient management involves limiting the introduction of or reducing existing levels of nutrients in water that support aquatic vegetation and algae growth. Nutrient input to the lagoon potentially occurs from the following sources: inflow water from San Francisco Bay and Belmont Slough, lawn and landscaping fertilizer in storm water runoff and irrigation overflow, yard debris blown or dumped into the lagoon, and excrement from waterfowl and pets.

Public Education
The City already has in effect a policy which prohibits landscape irrigation water runoff into the streets.

Further e ducating the public regarding the consequences of over -fertilizing, blowing or dumping yard debris into the lagoon, and the role nutrient loading plays in lagoon conditions has proven helpful in the reduction of nutrient inputs from storm drain discharge and resident activities.

Reducing Animal Excrement
In June of 2022, City Parks & Maintenance staff found there to be 379 waterfowl with in City facilities based on a point count survey . Animal excrement contributions to the nutrient load of the lagoon are believed to be mostly from the waterfowl that use the lagoon and congregate at the swimming beaches and picnic areas. To reduce this load, it is important that residents do not power wash animal excrement from their land and hardscape surfaces into Lagoon waters. City Parks & Maintenance staff have been trained to power wash excrement away from Lagoon waters into the grass.

Measures to mitigate waterfowl use of these areas are discussed in Section 5.3 and Appendix E. 451
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Floating Islands
Installation of floating islands with roots that extend into the water column that are capable of taking up nutrients has been considered as a technique to remove nutrients from the water column in the lagoon.

The plants growing in the artificial islands remove nutrients that would otherwise be used by aquatic plants or algae. The islands can also act as a habitat for terrestrial and aquatic species and pollinator- friendly plants, increasing biodiversity in the lagoon. Challenges and limitations with this approach include impacts to aesthetics of the lagoon, potential disruption of boat and kite board travel, harvesting of the islands is required to actually remove nutrients from the system, and that nutrients in the sediment will be minimally or un-affected. The removal rate of nutrients from the lagoon by floating islands is low and any benefit wou ld be localized to the root zone of the plants, not making a significant change in the amount of nutrients available.

Removing Phosphorus
Nutrient management by removing phosphorus from the water column and binding it in the sediment could improve water qu ality by limiting plant and algae growth. Nutrient management could be accomplished applying phosphorus -binding agents like alum or Phosloc k®. Issues with this approach include the need to obtain a permit from the RWQCB , the cost of the product, the need t o collect water and sediment samples to determine the application rate, and phosphorus in the sediment will be minimally or un-affected. Most of the phosphorus load in the Lagoon is likely contained in the sediment, so these products are not anticipated to be effective at reducing nutrients unless used to create a sediment “cap.” Additionally, any lagoon flushing may reintroduce n utrients from the Belmont Slough source water to the lagoon.

5.1.2.3 Reduction of Light
The application of dye products to reduce sunlight penetration of the water column can reduce aquatic plant growth by limiting their ability to photosynthesize. This control practice is currently in use at the lagoon and has been effective at reducing widgeongrass and algae issues over the last ten or more years.

It should be noted that an increased frequency of flushing the lagoon would interfere with the effectiveness of this approach if implemented simultaneously, or would require additional application of dye to maintain the target dye concentration in the water column after flushing.

5.1.2.4 Sediment Dredging
Removal of accumulated sediment in the lagoon by dredging could reduce nutrient loading, and potentially reduce algae and aquatic weed issues. Sediment builds up in the lagoon natu rally over time from erosion, breakdown of organic material, soil transported by stormwater runoff, and as suspended sediment settles after flowing in from Belmont Slough. The sediment often contains nutrients like nitrogen or phosphorus, and under certain conditions, these nutrients can be released back into the water column.

These nutrients can be like fertilizer for algae and aquatic plants, fueling their growth. Sediment also reduces the lagoon’s water capacity and depth. The lagoon was last dredged in 2004 and the City is working on long-term plans and funding to dredge the lagoon again. After the 2004 dredging, complaints and city staff time spent managing nuisance algae blooms and widgeongrass were almost eliminated. The lagoon was dredged to reestablish the summer water depth at about six (6) feet, which has allowed for effective use of dye and thermal insulation from an increase in ambient air temperature. Challenges associated with removing sediment by dredging include cost, having sufficient access to all parts of the 452
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5.1.2.5 Water Level Manipulation
Increasing the water level in the lagoon to reestablish summer water depth at about six (6) feet will allow for effective use of dye and thermal insulation from changes in ambient temperature. It may also result in a small decrease in the shallow areas favored by filamentous algae. However, there is not enough freeboard available to make this the sole means of control; therefore, this would not result in an adequate degree of control and would require additional control methods to keep aquatic plants and algae below action thresholds.

5.1.2.6 Water Circulation
Artificial water circulation redistributes oxygen and nutrients throughout the water column, reducing the stratified layers and effectively reducing the optimal habitat for aquatic weeds and algae in the water column, depending on depth. This is often accomplished by air injection (pumping air into the bottom of the lagoon, which then mixes the water as i t rises) or mechanical mixing (rotating propeller near the surface that pushes the water downward). Issues with this control method include the high cost of installing and maintaining a circulation system, as well as potentially harmful direct effects of propellors on aquatic organisms in the lagoon. Additionally, given the relatively shallow depth of the lagoon and the frequent wind it is exposed to, thermal stratification in the lagoon is unlikely to occur, thus eliminating the benefit of water circulation.

5.1.2.7 Native Species Establishment
No appropriate submersed aquatic native plants have been found to establish within lakes, reservoirs, or lagoons to out-compete aquatic weed species like widgeongrass and not create similar problems. As such, aquatic vegetation in the lagoon must be controlled to maintain the aquatic weed density tolerances established by the City.

5.1.3 Biological Controls

5.1.3.1 Grazing
Goats and sheep are often used for grazing in and along riparian areas or shorelines. Grazing may be suitable for emergent and terrestrial weeds but is not suitable for submerged aquatic weeds or algae.

This option is not a suitable alternative control for the lagoon.

5.1.3.2 Herbivorous Fish
Stocking of herbivorous fish like triploid grass carp has been successful against some submersed aquatic plants in freshwater systems but is largely prohibited in California due to concerns about fish escaping impoundments. There are no known herbivorous fish that could tolerate the lagoon salinity. As such, this option is not a suitable alternative control.

5.1.4 Chemical Controls
The application of aquatic herbicides to control aquatic plants is cons istent with lagoon maintenance activities in the past. During the 1970’s and 1980’s the City relied on chemical treatment for control of both widgeongrass and algae. Typically, simazine (i.e., Aquazine) was applied to the entire lagoon, in segments, over a period of several days. As better data became available on the negative environmental 453
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Revised July 2022 20 © 2022 Blankinship & Associates, Inc. impacts this herbicide may have on aquatic ecosystems, regulatory agencies began to push for alternative means of nuisance control. As such, in the late 1990’s the City began to use a more integrated approach and aquatic herbicides with more selective toxicity.

Use of aquatic herbicides will address the adverse impact to aesthetics and recreation from widgeongrass, as well as the potential interference with the necessary flow of water for the lagoon to operate correctly as a stormwater detention basin. This approach should only be used after a preparation of a written recommendation by a DPR -licensed PCA. Issues with this approach include temporary reduction of DO due to decaying organic matter if dense stands are treated.

5.1.4.1 Diquat
Diquat is a non -selective contact herbicide that is absorbed by plant foliage and controls weeds by interfering with photosynthesis in plant cells. Treated plants are expected to display whitening/bleaching two to four days after application. Diquat will only kill the parts of plants it comes into direct contact with.

Turbid or muddy water can significantly reduce efficacy of diquat as it is strongly attracted to silt and clay particles. Optimum results are achieved when diquat containing products (e.g., Tribune®) are applied to actively growing widgeongrass and at times of low turbidity . The pesticide label and the PCA recommendation will provide guidance on the rate of herbicide that should be applied.

5.1.4.2 Fluridone
Fluridone is a systemic herbicide that is applied to the entire waterbody. It is used at very low concentrations, with a long contact time (45 to 90 day s). Fluridone acts by inhibiting carotene synthesis in the target weeds, in turn causing the chlorophyll to break down when the plants are exposed to sunlight. Treated plants will turn white or pink (chlorosis) at the growing tips after a week and will die in one to two months after treatment. Optimum results are achieved when fluridone containing products (e.g., Sonar A.S.®) are applied before weed growth or when weeds begin to actively grow. Increased control is expected to be observed after the second application, and widgeongrass should be suppressed and dying throughout the treatment area one to two months after application. Dilution of the treatment rate with water from the Bay or rainfall will decrease effectiveness. Targeting a late March to early April application, weather dependent and as feasible, allow for as much exposure time as possible before flushing the lagoon. The pesticide label and the PCA recommendation will provide guidance on the rate of herbicide that should be applied. Fluridone is not currently available for use in the lagoon due to a 2017 label change, but additional research and use authorizations are underway to allow for future use.

5.1.4.3 Imazamox
Imazamox is a foliar-applied or water-injected systemic herbicide that prevents plants from producing the enzyme acetolactase synthase, which prevents the synthesis of branch-chain amino acids, which leads to inhibition of DNA synthesis. Imazamox is a slow -acting herbicide. Treated plants will stop growing soon after application and are expected to display whitening/bleaching within two to four weeks. Full plant death should occur six to eight weeks after application. An aquatic labeled herbicide containing the active ingredient imazamox (e.g., Clearcast®) is effective at contro lling aquatic weeds when applied any time during active growth. The pesticide label and the PCA recommendation will provide guidance on the rate of herbicide that should be applied.
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5.2 Algae Management Options
Potential methods for controlling algae within the lagoon are similar to some of those described above for aquatic weeds. Select algae management options are further discussed below.

5.2.1 Physical/Mechanical Controls

5.2.1.1 Mechanical Harvesting
Refer to the discussion on mechanical harvesting in Section 5.1.1.2 above. Mechanical removal of nuisance algae mats from the lagoon could help red uce algae densities to acceptable levels. Issues with this approach include the difficulty of removing attached or benthic algae mats, access and worker safety concerns, significant labor costs, the need for approximately weekly removal activities, nuisanc e odors from drying and decaying algae, finding an appropriate dumping site near the lagoon, adverse impacts to aesthetics, and potential complaints about aesthetics and/or odors by residents.

5.2.1.2 Hand Removal
Hand removal is not generally effective for algae control. While removing small patches of algae by hand from the swimming beaches may be possible, this is not a practical approach for most of the lagoon.

5.2.1.3 Manual Raking/Netting
While raking small patches of algae from the swimming beaches may be possible, this is not a practical approach for most of the lagoon. As such, this control method should be combined with other options described in this section for longer-term control and encouraged for residents.

5.2.2 Cultural Controls

5.2.2.1 Control Method Timing
Refer to the discussion on control method timing in Section 5.1.2.1 above.

5.2.2.2 Aeration and Oxygenators
Aerators and oxygenators are designed to increase DO and enhance mixing in the water column. Low DO at the lagoon bottom can result in anaerobic degradation of organic matter, a process that resuspends phosphorus from the sediment and, as a result, adds to existing levels of nutrients in water that support aquatic vegetation and algae growth.

A benefit of aeration is increased water column mixing during calm conditions . This technique i s most effective in deeper waterbodies (e.g., over 10 feet) and those that are thermally stratified. Aeration systems are generally either bottom diffusers that pro vide aeration at discreet locations or weighted tubing with perforations to release air bubb les. The bubbles released by aeration equipment serve to vertically mix the water column. This disrupts vertical temperature stratification and as a result lessens the conditions conducive to algal and aquatic plant growth. Increasing water column DO is also beneficial to fish present in the lagoon.

Aeration may be beneficial near beaches, but further study of the DO and temperature profile of the lagoon are needed. It is currently unknown if the lagoon has challenges with low DO during summer or fall. The lagoon likely experiences frequent mixing due to the afternoon winds prevalent in the area. The 455
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City intends to begin monitoring DO at locations throughout the lagoon to make informed management decisions, which will influence the decision to further consider aeration.

5.2.2.3 Nutrient Management
Similar to aquatic weeds, nutrient management by way of public education, reduction of nutrient inputs from animal excrement, floating islands, and phosphorus removal can be an important component of algae management. For more information on these r efer to the discussion of nutrient management in Section 5.1.2.2 above.

5.2.2.4 Reduction of Light
Historically, a commercial dye called Aquashade was used for coloring water and restricting penetration of light needed for algae growth and was applied primarily for cosmetic purposes. Small coves and shorelines (out to 20 -30 feet) may be treated with appropriately labeled dye prior to anticipated public events in th e vicinity. The effect on algae in the Aquashade -treated areas was reported to ha ve been minimal when use was limited to small coves or shoreline areas , although a reduced rate of growth is believed to have occurred in certain instances (WESCO 1992). As such, the City began treating the whole lagoon with dye, which has proved very effe ctive in recent years. With no flushing or water exchange in the lagoon, the coloration lasts approximately three weeks before being augmented with additional dye.

The City is currently planning to use Cygnet Select dye but may change brands depending on labelling and availability.

Refer to Section 5.1.2.3 above for additional information on the use of dye to reduce sunlight penetration through the water column.

5.2.2.5 Sediment Dredging
Refer to the discussion of sediment dredging in Section 5.1.2.4 above.

5.2.2.6 Water Level Manipulation
Refer to the discussion of water level manipulation in Section 5.1.2.5 above.

5.2.2.7 Water Circulation
Refer to the discussion of water circulation in Section 5.1.2.6 above.

5.2.2.8 Lagoon Flushing
Assuming a buildup of nutrients in the lagoon, a 7 -day cycle of water exchange, or flushing, in which the lagoon water would be pumped out and replaced with Bay water from Belmont Slough would reduce the nutrient levels and might reduce the growth of algae. L imitations to this approach are that dye would need to be reapplied, and a hydraulic study of the lagoon would be needed to determine how much of the lagoon volume would be displaced during a 7-day fill and flush cycle or if more time is needed to replace the lagoon water. The use of this method to increase the degree of lagoon water exchange and lower nutrient concentrations may reduce the growth of algae but is not expected to control it to levels that won’t impair recreational use of the lagoon. Additionally, nutrient levels i n source water from the Belmont Slough are currently unknown.
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5.2.2.9 SolarBee
SolarBee circulators create effective and efficient mixing in most types of reservoirs. The City tried this method in the late 2000’s with little to no success in reducing presence of algae or public complaints.

5.2.3 Biological Controls

5.2.3.1 Grazing
Goats and sheep are often used for grazing in and along riparian areas or shorelines. Grazing may be suitable for emergent and terrestrial weeds but is not suitable for submerged aquatic weeds or algae.

This option is not a suitable alternative control for the lagoon.

5.2.3.2 Herbivorous Fish
Stocking of herbivorous fish like triploid grass carp has been successful against some submersed aquatic plants in freshwater systems but is largely prohibited in California due to concerns about fish escaping impoundments. There are no known herbivorous fish that could tolerate the lagoon salinity. As such, this option is not a suitable alternative control.

5.2.3.3 Bio-manipulation
Bio-manipulation utilizes various natural mechanisms that can reduce planktonic algae through predation.

The biological controls are typically done by top -down or bottom-up changes to the food-web structure aimed at increasing populations of algae -consuming zooplankton. Bio -manipulation is difficult to accomplish and can be affected by many variables, making it an inconsiste nt method to implement.

Nuisance algae in the lagoon has been limited to filamentous species in the past, so this approach would not result in improved conditions and is not currently being considered for implementation in the lagoon.

5.2.4 Chemical Controls
The application of aquatic herbicides to control algae is consistent with lagoon maintenance activities in the past. Use of aquatic algaecides will address the adverse impact to aesthetics and recreation from algae, as well as the potential interference with the necessary flow of water for the lagoon to operate correctly as a stormwater detention basin. This approach should only be used after a preparation of a written recommendation by a DPR -licensed PCA. Issues with using chemical controls for algae include temporary reduction of DO due to decaying organic matter if significant amounts of algae are treated.

5.2.4.1 Diquat
Application of diquat -containing herbicides may enhance breakup of filamentous algae mats. Refer to Section 5.1.4.1 above for additional information on diquat use.

5.2.4.2 Hydrogen Peroxide
Hydrogen peroxide is a colorless natural liquid with a chemical formula of H 2O2. It is one of two active
ingredients in the product GreenClean Liquid 5.0 . Upon contact with organic material, the chemical reaction results in the destruction of algae on a cellular level. Algae mats are expected to break up and show signs of bleaching shortly after application. Dead algal mats should collapse and sink 4-7 days after application. Hydrogen peroxide rapidly decomposes into water and oxygen , leaving no harmful residue and potentially increasing the DO levels in the water system. 457
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5.2.4.3 Peroxyacetic Acid
Peroxyacetic acid, also known as p eracetic acid (PAA), is an organic chemical compound that combines acetic acid and hydrogen peroxide and is one of two active ingredients in the product GreenClean Liquid

5.0. PAA is an oxidizer that can control surface contaminants such as algae, bacteria, fungi, viruses, and spores. Algae mats are expected to break up and show signs of bleaching shortly after application. Dead algal mats should collapse and sink 4 -7 days after application. PAA breaks down to acetic acid (vinegar), oxygen, an d water, leaving no harmful residue and potentially increasing the DO levels in the water system.

5.2.4.4 Sodium Carbonate Peroxyhydrate
Sodium carbonate peroxyhydrate (SCP) is a white crystalline powder which dissociates into hydrogen peroxide and sodium carbonate in the presence of water. Upon dissociation of SCP, the hydrogen peroxide oxidizes the critical cellular components of the target organism , resulting in cell death. Algae mats are expected to break up and show s igns of bleaching shortly after application. Dead algal mats should collapse and sink 4 -7 days after application. Hydrogen peroxide rapidly decomposes into water and oxygen, leaving no harmful residue and potentially increasing the DO levels in the water system.

5.3 Fecal Indicator Bacteria Management Options

5.3.1 Cultural Controls

5.3.1.1 Water Level Manipulation
Partially draining the lagoon and refilling it with Bay water would remove some of the bacteria- laden surface water and possibly impede bacteria growth by increasing the salinity. The use of this method to increase the degree of lagoon water exchange will not adequately control bacteria levels through the summer. This has been tried for two years, with no success relative to FIB lo wering concentrations .

Further issues with this method are discussed in Section 5.1.2.5 above.

5.3.1.2 Water Circulation
Artificial water circulation redistributes oxygen and nutrients throughout the water column, reducing the stratified layers and effectively removing the optimal habitat for aquatic herbicides and algae in the water column. This is often accomplished by air injection (pumping air into the bottom of the lagoon, which then mixes the water as it rises) or mechanical mixing (rotating propeller near the surface that pushes the water downward). Issues with this control method include the high cost installing and maintaining a circulation system, as well as potentially harmful ecological effects on plant and animal life. Additionally, given the relatively shallow depth of the lagoon and frequent wind it is exposed to, thermal stratification in the lagoon is unlikely to occur, thus eliminating the benefit of water circulation.

5.3.1.3 Lagoon Flushing
City staff has tried reducing the water column nutrient load and FIB levels in the lagoon during the summer months by a 7-day cycle of water exchange in which the lagoon water was pumped out and replaced with Bay water from Belmont Slough. When conducted in 2021, flushing did not have an effect on concentrations of FIB in the lagoon . Effects on nutrient levels in the lagoon were not measured at the time. Additional limitations to this approach are that dy e, if used, would need to be reapplied, and a hydraulic study of the lagoon has not been completed to determine how much of the lagoon volume 458
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5.3.1.4 Waterfowl Management
Waterfowl management can be implemented as a preventative approach to lessen FIB inputs into the lagoon. As with aquatic weed and algae management, waterfowl management is most successful when a combination of approaches is implemented . Knowledge of seasonal waterfowl behavior and biology is also an important component of effective waterfowl management. Resources that describe the seasonal biology and behavior of, and management activities for Canada geese, for example, include the Humane Society of the United States’ (HSUS) (2019) Solving Problems with Canada Geese guide and GeesePeace’s (2019) Model Program for Communities.

Please see Appendix E for the City’s Goose Population Management Plan, approved by City Council in July of 2022.

Select waterfowl management approaches are described below.

Waterfowl Fencing
Installing sturdy fencing to a height of approximately 3 to 5 feet can be an effective method to prevent waterfowl access to certain areas of the lagoon such as parks and swim beaches, especially when they are molting (unable to fly) or rearing their young. Some material options include chicken wire or heavy plastic fencing. Installing fencing in February or March will help exclude some waterfowl prior to their nesting season.

While other types of fencing mechanisms have been considered, they are not considered suitable for long- term use at the lagoon. Overhead grids cons isting of monofilament line or wire , for example, can be constructed over small bodies of water or agricultural crops to prevent waterfowl from landing.

Alternatively, lines of mylar tape (shiny silver on one side and red on the other) strung 1 to 2 feet a bove the ground can be used to d eter waterfowl away from certain areas. These control tools are likely not feasible options for the lagoon as they would prevent recreational use of the water, beaches, and/or parks. In addition, the use of mylar tape to direct waterfowl away from certain areas may not be effective if no alternative suitable resting or feeding area exists in close proximity (Maslo 2013).

Direct Waterfowl Population Management
If necessary, a domesticated waterfowl removal program can be instituted with the cooperation of California Department of Fish and Wildlife (CDFW). This may include h unting and/or a capture and euthanasia system and can be an effective strateg y for reducing the number of resident waterfowl. It is important to gain public support for this type of lethal wildlife management before implementation. Also, as new individuals will continually migrate to the site, it is important to pair this waterfowl control method with habitat modification options described below (Maslo 2013).

Egg Addling
Reproductive control is a critical component of successful waterfowl management plans. Physical destruction of the nest and eggs will only provide short- term relief if done early in the breeding season, as waterfowl will have time to lay another clutch of eggs. As such, leaving the eggs intact but treating them so that they are inviable, known as addling, is a more effective approach. There are three approved addling techniques—shaking, oiling, and puncturing (Maslo 2013). For a detailed methodology on these 459
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In 2022, the City addled 1,083 goose eggs. Following the nesting season , only 12 goslings were found within City facilities based on a point count survey. This indicates that addling is a very effective goose population management strategy. However, a regional partnership approach to addling eggs is necessary given the nearby suitable nesting habitat outside of City limits. After hatching and fledging, nume rous additional young-of-the-year geese were observed in the lagoon from successful nests, likely located on Bair and/or Bird Island.

Waterfowl Habitat Modification
Well-manicured and fertilized lawns are extremely attractive to most waterfowl as they pre fer to forage on short, nutrient rich vegetation in open areas. To discourage them from areas around the lagoon, turf lawns could be replaced with tall native vegetation, such as San Francisco Bay native plants and bunch grasses. Tall vegetation is also generally avoided by waterfowl, as it makes it more difficult for them to detect predators. If tall vegetation is not feasible, planting a native groundcover instead of mowed turf will reduce the quality of the landscape as a food resource (Maslo 2013).

As waterfowl typically consume aquatic vegetation or algae, open areas along the shoreline provide both an ideal foraging habitat and quick access to the water if they need to flee from potential predators.

Therefore, water edges should b e planted with native riparian vegetation (e.g., willows, sedges, and rushes) wherever possible to make shorelines unattractive to geese and other waterfowl. V egetated shorelines should be surveyed for nests in the early spring however, and additional str ategies implemented if eggs are found (Maslo 2013).

Waterfowl Hazing
Noisemaking and laser devices can be effective harassment measures to temporarily scare waterfowl away from the lagoon property . Some options include pyrotechnics, trained dogs, remote controlled vehicles, lasers, horns, and recorded goose distress calls . It is important to note l ocal and/or state ordinances may prohibit the use of pyrotechnics or other explosive devices ; therefore, consulting with local police before use is recommended. Trained dogs are most effective on properties that do not contain bodies of water and therefore would not be a feasible option for the lagoon . To increase effectiveness, scare tactics should be combined and the timin g and location of disturbances should be changed often.

Additionally, as waterfowl may return to the lagoon once disturbance s pass, it is important to combine this waterfowl control method with other options described in this section (Maslo 2013).

Chemical Repellents
There are two chemicals registered in the United States for the use of repelling geese. Methyl anthranilate can be dispersed as a fog which irritates the geese so that they leave immediately. It can also be sprayed on grass, making it unpalatable to the geese. The second chemical, anthraquinone, irritates the digestive system of the geese when eaten, but treated areas are visibly recognizable by geese and they may eventually learn to avoid these areas (HSUS 2019).

5.3.1.5 Public Outreach
Aggregations of waterfowl and pet feces are not only aesthetically undesirable, but they pose human and environmental health risks, as well as contribute to other water quality problems, including the growth of 460
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In addition to a iding in the reduction of animal feces -related nutrient loading in the lagoon, public outreach is also important to make lagoon users aware that feeding waterfowl bread and other human foods may cause them health problems (Maslo 2013) and is a violation of CDFW regulations that prohibit the harassment of animals (Title 14 California Code of Regulations Section 251.1).

Finally, it is important to make the public aware of resources available for reporting issues in the lagoon such as the City’s SeeClickFix app: https://seeclickfix.com/foster-city-ca. 6 Review and Update of Management Plan
It shall be the responsibility of the City/District Engineer to ensure that the LMP is reviewed and updated as necessary as conditions and action thresholds in response to nuisance conditions change. This may be annually to once every five years . Should significant changes occur in the lagoon operational and/or maintenance procedures during mid -year, an immediate update to the LMP should be considered. The primary goal of the r outine review and update shall be to gau ge the effectiveness of the program components in maintaining the lagoon ’s beneficial uses, while seeking to minimize or elimina te the reliance on herbicides and algaecides to accomplish this. Each routine update shall attempt to adjust the LMP as appropriate to further reduce the application of herbicides and algaecides to the lagoon. 7 References
DiTomaso, J.M., G.B. Kyser et al. 2013. Weed Control in Natural Areas in the Western United States.

Weed Research and Information Center, University of California. 544 pp. https://wric.ucdavis.edu/information/natural%20areas/wr_R/Ruppia.pdf GeesePeace. 2019. A Model Program for Communities.
https://www.geesepeace.com/images/GeesePeace__Model_Program.pdf (Accessed: June 8, 2022).

Ginger, L., Rieves, L. et al. 2021. 2020-21 Beach Report Card. Heal the Bay, Santa Monica, California. https://healthebay.org/wp-content/uploads/2021/06/Beach-Report-Card-2020-2021.pdf (Accessed:

June 8, 2022)
Gregorio, D., Burres, E. 2010. Standard Operating Procedure (SOP) 3.1.5.1. Water clarity (transparency) and Color Using a Secchi Disk. The Clean Water Team Guidance Compendium for Watershed Montioring and Assessment State Water Resources Control Board. https://www.waterboards.ca.gov/water_issues/programs/swamp/docs/cwt/guidance/3151.pdf

(Accessed: June 9, 2022).

Humane Society of the United States (HSUS). 2019. Solving Problems with Canada Geese, A Management Plan and Information Guide.
https://www.humanesociety.org/sites/default/files/docs/HSUS%20Canada%20goose%20Mgt%20Plan %202019.pdf (Accessed: June 8, 2022).
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Maslo, B., Lewis, C. 2013. Strategies for Resident Canada Goose Control and Management in New Jersey.

Cooperative Extension Fact Sheet FS1217. Rutgers University, New Jersey Agricultural Experimentation Station.
https://njaes.rutgers.edu/fs1217/#:~:text=One%20of%20the%20most%20straightforward,geese%20fl ocks%20in%20public%20areas.

State Water Resources Control Board (SWRCB). 2019. Resolution No. 2018-0038. Part 3 of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California – Bacteria Provisions and a Water Quality Standards Variance Policy and an Amendment to the Water Quality Control Plan for Ocean Waters of California – Bacteria Provisions and a Water Quality Standards Variance Policy.
https://www.waterboards.ca.gov/board_decisions/adopted_orders/resolutions/2018/rs2018_0038. pdf (Accessed: June 8, 2022).

WESCO. 1992. Foster City Lagoon Management Plan. Western Ecological Services Company, Inc. (Prepared For City of Foster City).

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Appendix

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Appendix A
EOA Technical Memorandum
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TO: Allen Smith and Greg Baeza, City of Foster City
FROM: Bonnie de Berry, EOA, Inc.

DATE: September 7, 2021
SUBJECT: Foster City Lagoon Monitoring (March – August, 2021)

1. INTRODUCTION
On June 30, 2020, Heal the Bay published the 2019-2020 Beach Bummer List1, a ranking of the ten most polluted beaches in California based on levels of Fecal Indicator Bacteria (FIB). Heal the Bay’s data sources include weekly data collected by the County of San Mateo (County) Division of Environmental Health Services (EHS) at public beaches in the County. Erckenbrack Park, a beach on the Foster City Lagoon, appeared on the list for the first time, at number four (4). In response to this ranking, City of Foster City (City) staff contracted with EOA, Inc. (EOA) to assist in a preliminary evaluation of potential sources of FIB to the Foster City Lagoon, with a focus on Erckenbrack Park. On February 24, 2021, EOA, in coordination with City staff, developed the Foster City Lagoon FIB Monitoring Program.

This Technical Memorandum summarizes results from the Lagoon FIB Monitoring Program for the period of March 15 – August 23, 2021. It also includes a discussion on potential FIB sources to the Lagoon and recommends mitigation measures for consideration.

2. ENVIRONMENTAL SETTING
The Foster City Lagoon is a man-made system that follows the meandering shape of a historic sough that was once present in the area (Figure 1). It is an essential component of the original 1960 Master Plan for what was to become Foster City. The Lagoon was completed in 1971 and is designed for recreational use and to serve as a drainage detention basin to capture runoff from the 100-year storm event. The water within the lagoon consists of a mixture of water from the San Francisco Bay (via Belmont Slough) and stormwater runoff from the majority of the City (2,313 acres) collected and conveyed through curb inlets, catch basins, and storm drains, i.e., the municipal separate storm sewer system (MS4).

The Lagoon holds approximately 424 million gallons of water. Its main channel is about 4.5 miles in length and ranges from 200 to 1,000 feet in width. The average maximum depth is six feet. The water level of the Lagoon is managed by the City. Water is allowed to enter the Lagoon via tidal inflows from Belmont Slough, controlled by a system of motorized slide gates located at the southwest end of the channel (Figure 1). Water levels in the Lagoon are lowered by gravity outflow and pumping to San Francisco Bay. During the winter (November 15 through March 15), water level is maintained at an elevation of 97.75 to 98.25 feet. When a major storm is predicted, water level is lowered to 97.0 feet to provide storage capacity for stormwater runoff. During the summer (March 15 through November 15), 1 https://healthebay.org/wp-content/uploads/2020/06/Report-2020_web.pdf

MEMORANDUM
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water level is maintained at an elevation of approximately 99.0 feet, which provides for maximum water oriented recreational opportunities and aesthetics.

Throughout the year, Lagoon water is exchanged with Bay water on a weekly or monthly basis. The frequency of water exchange is driven by competing water quality needs. More frequent exchange allows for higher dissolved oxygen, aeration, and reduction of stagnant corners; however, the high nitrogen in Belmont Slough waters can result in increased algae production. Algae is primarily controlled by application of commercial dye, which restricts penetration of light needed for algae growth and results in a pleasing color. On rare occasions (less than one time per year), the City has also used aquatic herbicides to control algae in the Lagoon.

The Foster City Lagoon is a treasured recreational amenity where residents engage in swimming, windsurfing, paddle boarding, kayaking, and electric boating. There are seven parks along its 16.5-mile shoreline, including three with swimming beaches (Erckenbrack Park, Gull Park, and Marlin Park). The majority of the shoreline is owned by private residents and businesses, many of which have private boat docks.

3. SUMMARY OF LAGOON FIB MONITORING PROGRAM
The Lagoon FIB Monitoring Program includes collection of grab samples from the beach at Erckenbrack Park approximately every other week, and analysis of the samples for FIB and genetic markers of FIB.

The primary goal of the Monitoring Program is to begin investigating sources of bacteria to the Foster City Lagoon and the seasonal variability in such sources. A secondary goal is to confirm data collected by County EHS.
• Sample Station. The Erckenbrack Park beach monitoring station is considered representative of the types of conditions that also occur at other beaches within the Foster City Lagoon (i.e., Gull Park beach and Marlin Park beach). However, for reasons unknown, Erckenbrack beach frequently has higher bacteria levels than the other Lagoon beaches. The Lagoon and all three Lagoon beaches are shown in Figure 1.
• Schedule. Samples are collected approximately every other week on Monday mornings, which is when EHS collects their weekly samples that are used for beach warning notifications. City sampling commenced on March 15, 2021. Specific monitoring dates are listed in Table 1. • Parameters. Samples are analyzed for FIB and genetic markers of FIB. o FIB. Samples are analyzed for enterococci using method SM9230D by Cel Analytical, Inc. (Cel Analytical), in San Francisco, CA. Enterococci is the sole indicator now used by the State Water Resources Control Board (State Water Board) for the protection of recreational uses from the effects of pathogens in brackish inland surface waters, enclosed bays, and estuaries, such as the Foster City Lagoon. For single samples, the State Water Board’s water quality objective (WQO) for enterococci is 110 cfu/100 mL.2 It should be noted that, in addition to enterococci, County EHS also analyzes samples for total coliform and E. coli, and bases beach notifications on these indicators. However, total coliform and E. coli are no longer used by the State Water Board when making decisions about Clean Water Act (CWA) Section 303(d) impaired waterbody listings or subsequent development of Total Maximum Daily Loads (TMDLs). 2 Colony forming units (cfu)/100 mL is used interchangeably with most probable number of colonies (MPN)/100 mL.
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o Genetic Markers. Samples collected by the City at Erckenbrack Park are analyzed by Cel Analytical for host-specific bacteroides using quantitative polymerase chain reaction (qPCR) techniques to measure DNA. All samples are analyzed for human markers (method HF183), dog markers (DogBac), and goose markers (CGOF1). A small subset of the samples are analyzed for sea gull markers. The qPCR results are provided in units of gene copies per mL (gc/mL), a unit that is not directly comparable to the enterococci results which are reported as MPN/100 mL. Table 1 lists the markers that were targeted during each monitoring event for the period of March 15 through August 23, 2021.

Human sources of fecal contamination pose the greatest potential threat to recreational uses because they are more likely to contain human pathogens. Dog markers were included in the Sampling Design because, along with human sources, dog sources of bacteria are considered to be “controllable” types of sources. Goose sources of bacteria are likely in the Lagoon as goose presence at the beaches is well established. Sea gull markers were included in the Lagoon FIB Monitoring Program due to the proximity of the Lagoon to San Francisco Bay where sea gulls are commonly found. • Quality Assurance/Quality Control (QA/QC). The Lagoon FIB Monitoring Program includes QA/QC measures and Data Quality Objectives (DQOs) such that all data will be comparable with the California State Water Board Surface Water Ambient Monitoring Program (SWAMP). Field QA/QC samples include field duplicates and field blanks collected at the frequencies shown in Table 1. Field duplicates are used to estimate sampling and laboratory precision. Field blanks provide an assessment of the sample collection techniques. All samples are collected and analyzed using the methods and protocols specified by SWAMP, and are consistent with those implemented by EHS.

Table 1. Foster City Lagoon Monitoring Events and Parameters. All samples were collected at the Erckenbrack Park beach.

Monitoring
Date (2021)
Analytical Parameters (method)
Field
Duplicate
Field
Blank
Enterococci
(SM9230D)
Human
(HF183)
Dog
(DogBact)
Goose
(CGOF1)
Sea
Gull
Mar 15 X X X X X X X
Mar 29 X X X X
Apr 5 X X X X
Apr 19 X X X X X
May 3 X X X X X X
May 17 X X X X
Jun 7 X X X X X
Jun 21 X X X X
Jul 12 X X X X
Jul 26 X X X X X X X
Aug 9 X X X X
Aug 23 X X X X

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4. LAGOON MONITORING RESULTS
This section presents the Lagoon Monitoring Results. Recommendations for control of FIB in the Lagoon are presented in the next section. Analytical laboratory results from the twelve monitoring events are listed in Table 2. Table 2 also includes enterococci results for all three Lagoon beaches provided by County EHS (Erckenbrack Park, Gull Park and Marlin Park). The locations of the three parks are shown in Figure 1. Key observations noted by City staff about potential bacteria sources at the time of sample collection are shown in Table 3.

4.1. Enterococci

4.1.1. Data Results
Enterococci is the sole indicator bacteria now used by the State Water Board for the protection of water contact recreational uses. Three (3) of the twelve (12) samples collected by the City (April 5, June 21, and August 23) had enterococci concentrations above the WQO (i.e., 110 MPN/100 mL), and a fourth sample (March 15) had an enterococci concentration approaching the WQO. This represents an exceedance rate of 25% of the dataset. The County data for Erckenbrack Park beach, which was collected weekly and has 23 data points during the March 15 through August 23 monitoring period, has a WQO exceedance rate of 35%. The WQO exceedance rates for Gull Park and Marlin Park in the County dataset were lower, at 0% and 13% respectively. It is currently unknown why enterococci concentrations are lower at Gull Park and Marlin Park.

There were no obvious seasonal patterns in the City and County datasets for the March 15 through August 23 monitoring period. The samples with high enterococci concentrations were spread evenly throughout monitoring period in the City and County datasets. There is also a lack of an obvious seasonal pattern in enterococci concentrations in the full County dataset which began on March 6, 2017 (Figure 2). Although sampling by the City commenced during the wet season, conditions were remarkably dry throughout the monitoring period. The 2020-2021 wet season was one of the driest on record for most precipitation stations in California, including those in the Bay Area.

Field observations of potential bacteria sources, such as the presence of dogs, people, wildlife, and their feces are presented in Table 3. There is no apparent connection between the number of wildlife or feces observed and the concentration of enterococci.

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Table 2. Analytical Results of Foster City Erckenbrack Park Monitoring. County EHS Beach Monitoring Data for all Lagoon beaches shown for comparison. Enterococci values above the WQO (110 MPN/100 mL) are highlighted with bold font.

Foster City FIB Monitoring County Beaches Monitoring
Erckenbrack Park Erckenbrack Gull Park Marlin
Human
(HF183)
Dog
(DogBact)
Goose
(CGOF1)
Sea Gull
(lee sea gull)
Enterococci
(City)
Enterococci
(County)
Relative Percent
Difference
(City vs. County)
Enterococci
(County)
Enterococci
(County)
(gc/mL) (gc/mL) (gc/mL) (gc/mL) (MPN/100 mL) (MPN/100 mL) (%) (MPN/100 mL) (MPN/100 mL) State Water Board Water Quality Objective (WQO): 110 110 -- 110 110 3/15/2021 ND ND ND 2135 108 52 70% 10 20
3/22/2021 -- -- -- -- -- 441 -- 20 644
3/29/2021 ND 5.2 DBLOD ND -- 31 20 43% 75 30
4/5/2021 ND 2 DBLOD 19 -- 144 211 38% 10 31
4/12/2021 -- -- -- -- -- 51 -- 20 10
4/19/2021 ND 2 DBLOD 2 DBLOD ND <10 581 193% 20 52
4/26/2021 -- -- -- -- -- 20 -- 41 10
5/3/2021 ND ND ND -- 20 41 69% 72 465
5/10/2021 -- -- -- -- -- 10 -- 62 52
5/17/2021 ND ND ND -- 10 10 0% 10 31
5/24/2021 -- -- -- -- -- 97 -- 30 41
6/1/2021 -- -- -- -- -- 121 -- 20 31
6/7/2021 ND ND 2121 ND 84 20 123% 20 52
6/14/2021 -- -- -- -- -- 275 -- 50 10
6/21/2021 ND ND 172 -- 712 95 153% 41 74
6/28/2021 -- -- -- -- -- 185 -- 97 63
7/5/2021 -- -- -- -- -- -- -- -- --
7/12/2021 ND ND ND -- 30 63 71% 52 52
7/19/2021 -- -- -- -- -- 299 -- 31 30
7/26/2021 ND ND ND ND 20 * 52 * 89% 10 31
8/2/2021 -- -- -- -- --S 288 -- 41 52
8/9/2021 ND ND ND -- 50 31 47% 20 41
8/16/2021 -- -- -- -- -- 86 -- 31 10
8/23/2021 ND ND ND -- 121 85 35% <10 241
Percent of samples that exceed WQO (110 MPN/100 mL): 25% 35% -- 0% 13% DBLOD = Detected Blow Limit of Detection (used for PCR analysis only), ND = Not Detected * On 7/26/21, the City and County analyzed samples collected from the same bottle (i.e., a split sample). All other samples were collected in separate bottles. 469

Figure 1. Foster City Lagoon (image provided by City of Foster City with notations by EOA).

Gull Park
Erckenbrack Park
Marlin Park
Lagoon Inlet
from Belmont
Slough
Lagoon
Outlet to SF
Bay
470

Figure 2. Enterococci Concentrations Reported by County EHS for Erckenbrack Park Beach, March 6, 2017 – August 23, 2021.

0 200
400
600
800
1000
1200
3/1/17
5/31/17
8/30/17
11/29/17
3/1/18
5/31/18
8/30/18
11/29/18
3/1/19
5/31/19
8/30/19
11/29/19
2/29/20
5/30/20
8/29/20
11/28/20
2/28/21
5/30/21
8/29/21
Enterococci (MPN/100 mL)
WQO (110 MPN/100 mL)
Wet Season (Nov - Mar)
Dry Season (Apr - Oct)
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Table 3. Field Observations of Potential Bacteria Sources during Monitoring Events at Erckenbrack Park Beach. Dates with enterococci WQO exceedances are highlighted. Dates with detections of species-specific markers of goose, dog, and sea gull are highlighted in the relevant cells. No human markers were detected in this study.

Potential Bacteria Sources
Date
(2021)
Geese
Present
(Individuals)
Goose
Feces
Present
on Beach
Goose
Feces
Present
in Water
Goose Feces
Level of
Contamination
Dogs
Present
(Individuals)
Dog Feces
Present
(# of Waste
Piles)
People
Present
(Individuals)
Other
Animals
Present
Mar 15 5-20 Yes Yes Light No None None Ducks, 15
Seagull, 15
Mar 29 1-5 Yes No NR Yes, 1 None 1-5 Ducks
Apr 5 None No No No Visible Feces No None 1-5 None
Apr 19 None No No No Visible Feces No None None None
May 3 5-20 Yes No NR No 1-5 1-5 Seagulls, 2
May 17 None No No No Visible Feces No None 1-5 None
Jun 7 5-20 Yes Yes Light No None 1-5 Ducks,
Crows
Jun 21 >20 Yes No Light No None None Ducks, 5
Jul 12 None Yes No No Visible Feces No None 1-5 None
Jul 26 5-20 Yes No Light Yes, 2 NR 1-5 NR
Aug 9 None Yes No Light No None None Duck, 5-10
Aug 23 None Yes No Moderate No None None Ducks,
Crows
NR = Not Reported (the field sheet was left blank for this parameter)

4.1.2. City County Comparison
Sample results by the City and County were compared by calculating the Relative Percent Difference (RPD)3. For the Lagoon FIB Monitoring Program an RPD of 100 percent is considered acceptable.

In June 2021, a preliminary review of the data suggested that there was sometimes poor alignment between the enterococci results from City samples and enterococci results at Erckenbrack Park from County samples. In particular, on April 19, the City sample had an enterococci concentration of <10 MPN/100 mL (i.e., the result was below the detection limit); whereas the County reported an enterococci concentration of 581 MPN/100 mL (Table 2). City staff confirmed that all samples were collected in close geographic proximity and near in time to those collected by the County, and the City’s contract laboratory, Cel Analytical, confirmed that both laboratories use the same analytical method (SM9230D). As should be standard with microbial samples collected from brackish water, both laboratories dilute the samples by a factor of ten (10) to reduce potential interference in the analysis caused by high salinity.

In order to investigate whether the differences were caused by laboratory error, the City and Cel Analytical coordinated a split sampling event with the County field crew on July 26, 2021. The split 3 The RPD is calculated by dividing the difference between the two samples by the average of the two samples. 472
sampling protocol involved collecting a single sample in the field and pouring that sample into two separate bottles for analysis by each lab. The enterococci results for the July 26 split sample were 20 MPN/100 mL and 52 MPN/100 mL for the City and County laboratories, respectively. The enterococci RPD on July 26 was 89%, which is within the expected range for natural variability in the enterococci method.

The RPD between the City and County samples is shown for the full dataset in Table 2. These overall RPD results combined with the findings from the July 26 split sample event highlight the high variability in FIB common to surface waters. In general, large sites, such as Erckenbrack Beach or the Lagoon, should be characterized using the geometric mean of several discrete samples collected at multiple locations (USEPA 2010). However, both the City and County monitoring programs are constrained by limited resources. Bacterial autoaggregation, or the formation of suspended bacterial clumps in the Lagoon, could also help explain the differences between City and County results (Trunk and others 2018). With the exception of the July 26 sample, the City and County collected separate samples from the Lagoon, albeit close in time and proximity. It is possible that clumps of bacteria were present in the Lagoon and were captured in one sample but not the other.

4.2. Human Sources of Bacteria
Human sources of bacteria represent the greatest threat to water contact recreation in the Lagoon because human fecal matter contains a greater number of human pathogens than other fecal sources.

In addition, human sources of FIB (e.g., leakage from the private or municipal sanitary sewer system, discharge from recreational vehicles (RVs), homeless encampments, recreators defecating in the Lagoon, seepage from dumpsters containing human waste) are more controllable than many other FIB sources, such as wildlife, and therefore represent a potential opportunity for FIB reduction in the Lagoon. For this reason, the Lagoon Monitoring Program emphasizes the investigation of human sources of FIB by analyzing all samples for human-specific markers using the HF183 method.

Table 2 shows the results of the human marker analyses. None (0) of the twelve (12) samples collected by the City during the March 15 through August 23 monitoring period had detectable concentrations of human markers. These findings suggest that there were are no sources of human waste present at Erckenbrack Park beach during the monitoring events. Exceedances of the enterococci WQOs in the City and County datasets are likely caused by other sources of FIB.

4.3. Dog Sources of Bacteria
Dog (or canine) sources of bacteria in the Lagoon include wash-off of dog waste from upland areas to the Lagoon or MS4, dogs defecating in the Lagoon, and seepage from dumpsters containing dog waste.

These sources of FIB are generally considered controllable because pet owners could be educated on proper pet waste management and encouraged to do so through incentive programs. All twelve (12) samples were analyzed for dog-specific markers.

Table 2 shows the results of the dog marker analyses. None (0) of the twelve (12) samples had concentrations of the dog marker above the method detection limit (MDL). However, three (3) samples collected early in the monitoring period (March 29, April 5, April 19) had detectable dog marker concentrations below the MDL. These concentrations are flagged in the dataset with “DBLOD” (Detected Below Limit of Dection), a qualifier that is used for PCR analysis only. The flagged results should be interpreted with caution because they are below the threshold that signifies confidence in the data.

Nevertheless, it possible that there was a weak dog waste signal during the March 29, April 5, and April 19 monitoring events. On one of these days, March 29, the City field crew observed one (1) dog at Erckenbrack beach (Table 3). Two (2) dogs were observed on the morning of July 26 and a small number of dog waste piles (i.e., 1 to 5) were observed on May 3; no dog markers were detected on these dates. 473
Neither dogs nor dog waste piles were observed during any other monitoring events; however, monitoring occurred on Monday mornings and it is possible that dogs were brought to the beach at other times.

These findings suggest that there is opportunity for the City to control dog waste and potentially reduce the concentration of FIB in the Lagoon. However, full control of dog waste will likely not result in reductions of enterococci in Lagoon beach waters to below the WQO of 110 MPN/100 mL, as evidenced by enterococci WQO exceedances in samples collected by the City on two (2) days when no dog markers were detected.

4.4. Goose Sources of Bacteria
The presence of geese at the Foster City Lagoon beaches, and at other parks in the region, is a well- known problem that occurs year-round. As a result, the City has coordinated with the nearby Cities of Belmont, San Mateo, and Redwood City for the past seven (7) years to cooperatively track and attempt to control the goose population. Despite measures such as dog hazing, strobe lights, and egg addling, the Foster City goose population during the June 2021 census was 323 individual birds, almost double the count from June 2020, and well above the highest number that was observed over the last four (4) years of census records (Hall 2021). The entire region is experiencing growth in the goose population for unknown reasons.

Geese were present during six (6) of the twelve (12) Monday morning monitoring events (Table 3).

Goose feces were observed on the beach at Erckenbrack Park during nine (9) monitoring events and in the water during two (2) events. These observations from the Lagoon Monitoring Program confirm that geese remain an issue at Erckenbrack Park. Furthermore, goose-specific genetic markers were detected in four (4) of the twelve (12) samples (Table 2). Although there was no obvious relationship between goose individual/feces observations and the enterococci concentrations or goose marker detections, these overall findings still suggest that goose waste is an ongoing contributor to FIB in the Lagoon. It is possible that control of goose waste could result in reductions of enterococci in beach waters to below the WQO of 110 MPN/100 mL.

4.5. Sea Gull Sources of Bacteria
Sea gulls are frequent visitors to the Lagoon and invariably contribute to FIB in the Lagoon and to the presence generic bird waste found all around the Lagoon. Although the City is not involved in actions to control sea gull or other non-goose avian/waterfowl populations, they occasionally implement bird waste clean-up actions. For example, on July 19, 2021, the City removed approximately 250 gallons of bird waste from the Lagoon abutment below Shell Bridge. City staff are careful to prevent discharge of bird waste to the Lagoon during these types of clean-up activities. Sea gull markers were included in the Lagoon Monitoring Program due to the proximity of the Lagoon to San Francisco Bay where sea gulls are commonly found and the availability of laboratory methods to detect the marker; however, due to resource limitations, only four (4) of the twelve (12) samples were analyzed for the sea gull marker.

Table 2 shows that sea gull markers were detected in one (1) (March 15) of the four (4) samples analyzed for this constituent. Table 3 shows that sea gull individuals were observed during two (2) of the twelve (12) Monday morning monitoring events, with the most individuals observed on March 15 when the sea gull marker was detected. These findings suggest that sea gull and other avian species (e.g., ducks, crows) contribute FIB to Erckenbrack Park beach. However, unlike geese, these avian wildlife species have not been identified as a nuisance at Lagoon parks, and options for control are likely limited. 474

5. SUMMARY AND RECOMMENDATIONS

5.1. Summary
The City of Foster City implemented a Lagoon FIB Monitoring Program from March 15 through August 23, 2021. Twelve (12) water samples were collected from the beach at Erckenbrack Park approximately every other week and analyzed for enterococci and several species-specific genetic markers (human, dog, goose, sea gull).
• Enterococci concentrations continue to be of concern in the Lagoon with exceedances of the WQO (i.e., 110 MPN/100 mL) at a rate of 25% in samples collected by the City. More frequent samples collected by County EHS (i.e., weekly) had a WQO exceedance rate of 35% during the monitoring period.
• Human sources of FIB, which would represent the highest threat to recreational use in the Lagoon, are unlikely based on the monitoring results. None (0) of the twelve (12) samples collected by the City had detections of human genetic markers. This finding supports what is already known about potential human FIB sources in the City. There is not a presence of unhoused people in the City. Furthermore, it is nearly impossible for the municipal sanitary sewer system (SSS) to leak into the MS4 because the SSS is below the ground water table. • While human waste could contribute enterococci and other FIB to the Lagoon, there are many other sources of FIB, including wildlife and pets. These other sources of fecal material generally pose less of a threat to the health of swimmers compared to human waste because human viruses are generally unlikely to occur in animal feces (USEPA 2012). o Dog waste occasionally contributes to FIB in the Lagoon and represents a potential opportunity for control. Even a small amount of dog waste can contribute a large amount of enterococci to the environment. The USEPA estimates that the average dog produces about 0.75 pound (340 grams) of waste per day (USEPA 2001). Wright et al. (2009) estimates that each gram of dog waste contains approximately 3.9 x 107 colony forming units of enterococci (i.e., 39 million cfu; cfu is used interchangeably with MPN).

Therefore, one dog could introduce about 13 billion cfu of enterococci to the Lagoon over the course of one day, which could easily result in an exceedance of the WQO of 110 cfu/100 mL in a localized area.
o The primary source of FIB in the Lagoon appears to be wildlife (i.e., waterfowl such as geese, sea gulls, and ducks). Wright et al. (2009) estimates that bird waste contains approximately 3.3 x 105 cfu per gram (i.e., 330,000 cfu/g).

5.2. Recommendations
In order to reduce the amount of dog waste reaching the Lagoon, the City should review their current public outreach program for opportunities to improve messaging to pet owners. Other pet waste management opportunities include installation of dog waste cleanup stations at parks and along dog- walking trails throughout the City, a “pin-the-poo” program that targets repeat offenders, implementation of a pet waste pledge program with incentives, and direct mailers or emails to pet owners.

The City should continue to work with the nearby Cities of Belmont, Redwood City, and San Mateo to implement and improve the ongoing goose population control measures and goose waste cleanup activities.

475

5.3. Lagoon Management Considerations
Because FIB in the Lagoon appears to be caused primarily by wildlife populations that are difficult to control, the City should consider Lagoon management actions that create conditions that are favorable to bacteria die-off and/or eliminate/reduce conditions that are favorable to bacteria growth.

Bacteria that enter the Lagoon can continue to grow and increase in concentration through the formation of biofilms. Biofilms form on surfaces such as organic matter (i.e., leaves), structures, and sediments. Biofilms containing enterococci are likely to be found in the sediments on the bottom of the lagoon, in stagnant “corners” of the Lagoon, and on pipe walls in submerged sections of the MS4. Providing more water movement in the Lagoon through more frequent water exchange with Belmont Slough and San Francisco Bay could reduce the formation and growth of biofilms. However, as mentioned above, Belmont slough is relatively high in nutrients; therefore, this measure could result in increased algae growth. It is also possible that inflows from Belmont Slough contain enterococci concentrations above the WQO. Another method of increasing water movement in the Lagoon is the operation of fountains and/or aeration systems. If this measure is adopted, the City should avoid actions that disturb bottom sediments, which could result in resuspension of bacteria.

The City may also want to consider a commercial products advertised for the control of bacteria in lakes and ponds. For example, the City has already met with representatives from Earth Science Laboratories, Inc. to learn about their product, EarthTec, which is a highly biologically active form of copper ion (Cu2+). EarthTec is registered by the USEPA as an algaecide and bactericide for use in lakes, ponds, reservoirs, sedimentation basins, and treatment lagoons.

Representatives report that it can control of E. coli in laboratory studies within one to 8 hours of application depending on the amount used; however, it may be less effective at control of enterococci. It is possible that such a product could help keep enterococci concentrations at Lagoon beaches below the WQO of 110 MPN/100 mL.

Prior to use of a copper-containing chemical, the City should ensure that they are following required regulatory procedures. For example, all requirements in the State General Permit for the Discharge of Aquatic Pesticides (Order No. 2013-0002-DWQ as amended by Orders 2014- 0078-DWQ, 2015-0029-DWQ and 2016-0073-EXEC) must be followed, including development and implementation of an Aquatic Pesticide Application Plan (APAP), compliance with applicable receiving water limitations (including those related to copper), and compliance with monitoring and reporting requirements. Adherence to this General Permit may require that the City request a short-term or seasonal exception from meeting copper receiving water limitations.

The copper receiving water limitations in the Aquatic Pesticides General Permit (Order No. 2013-0002-DWQ) are currently based on the California Toxics Rule. The copper limitation is expressed in dissolved concentration. For freshwater (salinity equal to or less than 1 part per thousand (ppt) 95% or more of the time) the copper limitation is dependent on the hardness of the receiving waters. For waters in which the salinity is equal to or greater than 10 ppt 95% or more of the time, the copper limitation is 3.1 ug/L. For waters in which the salinity is between 1 and 10 ppt, the more stringent limitation applies.
476
Isolation of the Lagoon from Belmont Slough and San Francisco Bay, which is the standard Lagoon condition when water exchange activities are not occurring, may be necessary during and after application, until copper concentrations have dropped below the Aquatic Pesticides General Permit copper limitations and/or the copper WQOs for San Francisco Bay. Copper WQOs in the segment of San Francisco Bay to which the Lagoon discharges are 6.0 ug/L (4-day average) and 9.4 ug/L (1-hour average) (SFBRWQCB 2017). Lagoon water containing copper concentrations above the copper WQOs should not be discharged to San Francisco Bay. This could impact the timing of the City’s controlled water exchanges between the Lagoon and the Bay.

If the City decides to conduct a bacteria control pilot study with EarthTec (or a similar product) and/or if they install an aeration device, they should consider monitoring for enterococci at multiple locations in the Lagoon to assess the effectiveness of the treatment.

5.4. Next Steps
The City is continuing to collect samples approximately every other week through September and October. It is recommended that the City continue to implement the Lagoon Monitoring Program through March 2022 with the goal of generating a full year of MST data, including the wet season when stormwater runoff to the Lagoon is likely to occur.

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6. REFERENCES
Hall, D. 2021. Update on Water Quality in the Lagoon and Geese Population Management. Letter from the Acting Director of Public Works to the Mayor and Members of the City Council, dated August 16, 2021.

SFBRWQCB (San Francisco Bay Regional Water Quality Control Board). 2017. Water Quality Control Plan (Basin Plan) for the San Francisco Bay Basin. May 4, 2017.

Trunk, T., Khalil, H.S., and Leo, J.C. 2018. Bacterial autoaggregation. AIMS Microbiology, 4(1): 140-164.

USEPA (U.S. Environmental Protection Agency). 2001. Protocol for Developing Pathogen TMDLs. First Edition. EPA-841-R-00-002.

USEPA (U.S. Environmental Protection Agency). 2010. Sampling and Consideration of Variability (Temporal and Spatial) for Monitoring of Recreational Waters. EPA-823-R-10-005.