Agenda packet — Foster City City Council, September 19, 2022 (part 1 of 3)

FOSTER CITY JOINT POWERS AUTHORITY

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

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

THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY

JOINING THE ZOOM MEETING
HTTPS://FOSTERCITY-ORG.ZOOM.US/J/88623688606
PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO PUBLICCO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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

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

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

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

To Observe the Meeting via Teleconference/Video Conference:
• To access the meeting by computer / smartphone, go to:
https://fostercity-org.zoom.us/j/88623688606
• To dial-in via phone:
1-669-900-6833 or
1-408-638-0968
And enter Webinar ID: 886 2368 8606

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

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

AGENDA

Monday, September 19, 2022 6:30 PM

REGULAR MEETING AS FOSTER CITY JOINT POWERS AUTHORITY
(FCJPA) MEMBERS AND CITY COUNCIL/EMID BOARD OF DIRECTORS

1. CALL TO ORDER – FOSTER CITY JOINT POWERS AUTHORITY

2. ROLL CALL

Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan and Chair Richa Awasthi

3. PUBLIC [Addressing the FCJPA on matters not listed on the agenda]

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

4. RESOLUTIONS FOR ADOPTION

4.1. A Resolution of the Foster City Joint Powers Authority Board of Directors Updating the Authorized Signatories for Investment Activities with the Local Agency Investment Fund ("LAIF")
a) Staff Report
b) Action - Adopt Resolution

5. ADJOURNMENT

2 6. CALL TO ORDER – CITY COUNCIL/EMID

7. PLEDGE OF ALLEGIANCE

8. ROLL CALL

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

9. SPECIAL PRESENTATIONS

9.1. A Proclamation Declaring September 2022 as "National Emergency Preparedness Month"

9.2. A Proclamation Recognizing September 2022 as "Suicide Prevention Month"

9.3. A Proclamation Declaring October 5, 2022 as "Clean Air Day"

10. PUBLIC

11. CITY/EMID CONSENT CALENDAR

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

3 11.1. City/EMID Minutes

11.1.1. City/EMID Regular Meeting of August 15, 2022

11.2. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-105 and EMID Resolution Number to be used tonight is 3676)

11.2.1. A Resolution of the City Council of the City of Foster City Authorizing the Receipt of California Coalition for Clean Air Microgrant Funding in the Amount of $1,000 to Special
Recreation Fund Account No. 003-0000-340-1470 and the
Appropriation of $1,000 to Special Recreation Fund Account No. 003-0537-451-4243
a) Staff Report
b) Adopt Resolution

11.2.2. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. 1 in an Amount Not to Exceed $150,000 with Good City Company for Professional On-Call Planning Consulting Services
a) Staff Report
b) Adopt Resolution

11.2.3. a) A Resolution of the Board of Directors of the Estero Municipal Improvement District Appropriating $300,000 From Fund 451 to Account No. 451-0970-432-4251 in FY 2021-2022 for
Wastewater Treatment Plant Operation and Maintenance
Charges – Fourth Quarter FY 2021-2022; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Appropriating $500,000 From Fund 451 to Account No. 451-0970-432-4251 in FY 2022-2023 for
Wastewater Treatment Plant Operation and Maintenance
Charges
c) Staff Report
d) Adopt Resolutions

11.2.4. a) A Resolution of the City Council of the City of Foster City Approving the Compensation and Benefits Plan for the City of Foster City Management Employees, Effective September 19, 2022; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Compensation and Benefits Plan for the Estero Municipal Improvement District Management Employees, Effective September 19, 2022
c) Staff Report
d) Adopt Resolutions

4 11.2.5. a) A Resolution of the City Council of the City of Foster City Approving the Appendix Dated September 2022 of Certain
Designated Employees in the Conflict of Interest Code; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Appendix Dated September 2022 of Certain Designated Employees in the Conflict of Interest Code
c) Staff Report
d) Adopt Resolutions

11.2.6. a) A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local
Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by
Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation; and b) 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
c) Staff Report
d) Adopt Resolutions

11.3. City/EMID Other

11.3.1. By Minute Order, Confirm the Master Insurance and Indemnity Requirements Schedule Pursuant to Section 1.04.120 of the Foster City Municipal Code
a) Staff Report

11.3.2. By Minute Order, Receive and Accept Foster City Foundation Fund Annual Report of Financial Activities for Fiscal Year 2021- 2022
a) Staff Report

12. NEW BUSINESS

12.1. Consideration of Appointment of One Member of the City Council and One Alternate to the Recreation Center Replacement Project Consultant Evaluation Task Force
a) Staff Report
b) Action - By Minute Order, Appoint a Councilmember and Alternate to Task Force

5 13. REPORTS

13.1. Levee Improvements Project (CIP 327-657) - Monthly General Update a) Staff Report
b) Action - By Minute Order, Receive and Accept the Report

13.2. Consideration of Canada Geese Population Mitigation Plan a) Staff Report
b) Action - By Minute Order, Provide Policy Direction

14. RESOLUTIONS FOR ADOPTION

14.1. Consideration of General Fund Augmentation of $6,939 in Financial Services Department for Employee Services Expenditures for the Salary Increase of the Assistant Finance Director Job Classification a) Staff Report
b) Action - A Resolution of the City Council of the City of Foster City Approving a Fiscal Year 2022-2023 General Fund Augmentation of $6,939 in Financial Services Department for Employee Services Expenditures for the Salary Increase of the Assistant Finance Director Job Classification; and
c) Action - A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Fiscal Year 2022-2023 General Fund Augmentation of $6,939 in Financial Services Department for Employee Services Expenditures for the Salary Increase of the Assistant Finance Director Job Classification

14.2. Consideration of the Amended Pay Plan for Fiscal Year 2022-2023 a) Staff Report
b) Action - A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan, Effective September 19, 2022
c) Action - A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan Effective September 19, 2022

15. OLD BUSINESS

15.1. Continued City Council Public Hearing Item From August 15, 2022 Regarding 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 6 (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
a) Staff Report
b) Action - A Resolution of the City Council of the City of Foster City Certifying the Final Environmental Impact Report (EIR) and Adopting 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
c) Action - An Ordinance of the City of Foster City of an Amendment to the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 57-acre Portion of the + 132-acres Land Known as Vintage Park to Replace the Approximately 11,000 Square- foot Restaurant Use With an Approximately 124,395 Square Feet of Research and Development (R&D) Office Use, Associate Parking and Site Improvements Located at 388 Vintage Park Drive – W-SW 388 Owner IX L.P. C/O Steelwave Cds, Llc – Apn 094-901-270 – Neighborhood Vintage Park (VP) – RZ2021-0003
i) Introduce Ordinance by title, by motion waive further reading ii) By motion pass ordinance to second reading
d) Action - A Resolution of the City Council of the City of Foster City Granting an Appeal and Overturning a Decision of the Planning Commission Denying an Approval of the Specific Development Plan/use Permit Request for the Proposed Approximately 124,395 Square-foot Four-story 81’-0” Tall Research and Development (R&d) Office Building With 210 Parking Spaces – Located at 388 Vintage Park Drive – Neighborhood Vp – W-SW 388 Owner Ix L.P. C/O Steelwave Cds, LLC (Owner and Appellant) – APN 094-901-270 – UP2021-0023

16. COMMUNICATIONS

16.1. City/District Warrants of Demands were Processed and Issued on August 15, 2022, August 31, 2022, and September 1, 2022, and ACH were processed on September 1, 2022.
a) Information Item Only
b) No Action Required

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

AND REQUESTS, AND COUNCIL LIAISON REPORTS

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

7 18. CLOSED SESSION

18.1. Conference with City Labor Negotiators (Pursuant to Government Code Section 54957.6(a)) Agency Negotiators: Stefan Chatwin, Maria Saguisag-Sid Employee Organizations: American Federation of State, County and Municipal Employees (AFSCME), Foster City Police Officers Association and Management Employees

18.2. Conference With Legal Counsel — Existing Litigation (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: (Foster City Marina, LLC v. City of Foster City et al. San Mateo Superior Court Case No. 22-CIV-03526)

18.3. Report Out from Closed Session

19. ADJOURNMENT

The public is invited to attend.

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

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

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

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

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

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

City Council meetings on-demand:
https://www.fostercity.org/agendasandminutes
8 DATE: September 19, 2022

TO: Chair and Members of the Foster City Joint Powers Authority (FCJPA) Board of Directors

VIA: Stefan Chatwin, Executive Director

FROM: Edmund Suen, Finance Director

SUBJECT: UPDATING THE AUTHORIZED SIGNATORIES FOR

INVESTMENT ACTIVITIES WITH THE LOCAL AGENCY

INVESTMENT FUND

RECOMMENDATION

It is recommended that the Foster City Joint Powers Authority (JPA) Board approve the attached resolution updating the authorized signatories for depositing and withdrawing funds with the Local Agency Investment Fund ("LAIF") effective September 19, 2022.

EXECUTIVE SUMMARY

The JPA invests funds with LAIF. Due to the retirement of Assistant Finance Director Fiti Rusli, there is a need to update the authorized signatories for investment activities with LAIF. The attached resolution is necessary to meet LAIF's authorization requirements and duly authorizes Edmund Suen (Finance Director/Treasurer) and Mimi Lam (Financial Services Manager), as individuals authorized to deposit and withdraw funds from LAIF.

BACKGROUND AND ANALYSIS

With the recent retirement of Assistant Finance Director Fiti Rusli, staff is recommending Financial Services Manager Mimi Lam as her replacement 9 signatory effective September 19, 2022 for making deposits and withdrawals of funds from LAIF. The approval of the attached resolutions allows for an uninterrupted transition and facilitates business continuity.

FISCAL IMPACT

There is no fiscal impact associated with this report.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This item is in alignment with the City Council's Vision Statement for a "Sustainable Foster City" under the economic sustainability framework. It allows for business continuity within the City organization.

Attachments:
 Attachment 1 - Resolution
10 RESOLUTION NO._____

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE FOSTER CITY JOINT

POWERS AUTHORITY AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL

AGENCY INVESTMENT FUND

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

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

BE IT FURTHER RESOLVED that the following City of Foster City employees or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund effective September 19, 2022:

Edmund Suen
Finance Director/Treasurer
___________________
Mimi Lam
Financial Services Manager
________________________
PASSED AND ADOPTED as a resolution of the Board of Directors of the Foster City Joint Powers Authority, at the Regular Meeting held on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_____________________________

PRISCILLA SCHAUS, SECRETARY
___________________________

RICHA AWASTHI, CHAIR
11 12
13 14

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF AUGUST 15, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of August 15, 2022 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Richa Awasthi.

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

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

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

ABSENT: None.

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

PUBLIC
The following people addressed the City Council in person:

1. Don Carlson, 288 BoothBay, regarding Mariners Point;

2. Marty Moga, 800 Sea Spray Lane #204, regarding geese mitigation;

3. Lisa Acevedo, 660 Celestial Lane, regarding geese mitigation;

4. Michael Schultz, 320 Chesapeake Ave, regarding geese mitigation; 15 5. Leonard Bria, 850 Magellan Lane, Vice President of Carpenters Union Local 217, regarding the former El Torito Restaurant Site Located at 388 Vintage Park Drive.

The following people addressed the City Council via Zoom:

1. Oscar Allen, regarding geese mitigation;

2. David Susman, regarding geese mitigation;

3. Anthony Nuanes, District Rep for 16 Union, the Former El Torito Restaurant Site Located at 388 Vintage Park Drive; and

4. Jim Lawrence, 829 Grenada Lane, regarding racial profiling.

The following people addressed the City Council via email:

1. Uma Murthy, regarding the appointment of Shilpi Goel to the Citizens Sustainability Advisory Committee;

2. Hema Jagtiani, regarding the appointment of Shilpi Goel to the Citizens Sustainability Advisory Committee;

3. Wren Jen, regarding geese mitigation;

4. Jan Locker, regarding geese mitigation;

5. Elizabeth Johnston regarding geese mitigation;

6. Christina Simmons, regarding geese mitigation; and

7. Mary Peral, regarding geese mitigation.

CONSENT CALENDAR
The Deputy City Clerk announced there is a correction to the account number for the resolutions for item 5.2.9, “A Resolution of the City Council of the City of Foster City Appropriating an Additional $39,422 in Fiscal Year 2022-2023 to the City Clerk/Communications Department General Fund Account No. 001-0210-411-4110” and “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 City Clerk/Communications Department General Fund Account No. 001-0210-411-4110”.

The correct account number reflects sub-accounts under account string 001-0210-411- XXXX and sub-accounts under account string 001-0230-411-XXXX.

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

City/EMID Consent Calendar

1. Minutes of Regular Meeting of August 1, 2022;

2. EMID Resolution No. 3672, “Authorizing an Agreement Dated August 15, 2022, with Freyer & Laureta, Inc., for Emergency Generator Design Services for CIP 455- 705 Emergency Generator Replacements Project (FY 2021-2022) in an Amount Not to Exceed $240,128.00;”
16 3. City Resolution No. 2022-96, “A Resolution of the City Council of the City of Foster City Approving an Agreement for Professional Services in an Amount Not to Exceed $72,885 With Cascadia Consulting Group, Inc. for Climate Action Plan Outreach;”

4. City Resolution No. 2022-97, “A Resolution of the City Council of the City of Foster City Rescinding Resolution No. 2020-65 and Naming City Manager Stefan Chatwin as Its Designee to Review Applications for the Independent Citizens’ Bond Oversight Committee (Levee Bond Oversight Committee) and to Recommend Applicants for Appointment by the City Council;”

5. City Resolution No. 2022-98, “A Resolution of the City Council of the City of Foster City Approving an Amended Policy Statement for the Citizens Sustainability Advisory Committee Changing the Membership From One Youth Member to Two Youth Members and Updating the Initial Terms;”

6. City Resolution No. 2022-99, “A Resolution of the City Council of the City of Foster City Accepting the Work by First Serve Productions, Inc. For the Sport Court Resurfacing Project (CIP 301-701) and Directing the City Clerk to File the Notice of Completion;”

7. City Resolution No. 2022-100, “A Resolution of the City Council of the City of Foster City Approving and Authorizing Staff to Issue the Request for Proposals for Consultant Services for Developing and Adopting a Local Energy Reach Code Including Performing an Electrical Capacity Study of the City of Foster City, Cost Effectiveness Study, Energy Savings Study and Community Engagement;”

8. City Resolution No. 2022-101, “A Resolution of the City Council of the City of Foster City Amending the Economic Development/Sustainability Subcommittee Meeting Schedule to Bimonthly, the Third Thursday at 5:00 P.M., pursuant to the City Council Subcommittees Policy;”

9. City Resolution No. 2022-102, “A Resolution of the City Council of the City of Foster City Appropriating an Additional $29,000 in Fiscal Year 2021-2022 to City Attorney General Fund, Account No. 001-0310-412-4251, for Legal Services;”

10.EMID Resolution No. 3673, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Appropriating an Additional $29,000 in Fiscal Year 2021-2022 to City Attorney General Fund, Account No. 001-0310-412-4251, for Legal Services;”

11.City Resolution No. 2022-103, “A Resolution of the City Council of the City of Foster City Appropriating an Additional $39,422 in Fiscal Year 2022-2023 to the City Clerk/Communications Department General Fund Account No. 001-0210- 411-4110;”

12.EMID Resolution No. 3674, “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 City Clerk/Communications Department General Fund Account No. 001-0210-411-4110;”

13.City Resolution No. 2022-104, “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 17 Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation;” and

14.EMID Resolution No. 3675, “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.”

PUBLIC HEARING
APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A RECOMMENDATION TO

THE 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’S 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) FOR THE PROPOSED DEVELOPMENT OF A NEW, APPROXIMATELY 124,395 SQUARE-FOOT, FOUR-STORY RESEARCH AND

DEVELOPMENT OFFICE BUILDING AT THE FORMER EL TORITO RESTAURANT SITE LOCATED AT 388 VINTAGE PARK DRIVE – EA2021-0001, RZ2021-0003 AND UP2021-0023 . MINUTE ORDER NO. 1868.

Mayor Awasthi opened a public hearing to hear and consider public comments regarding an appeal of the Planning Commission’s denial of a Recommendation to the 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’s 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) for the Proposed Development of a New, Approximately 124,395 Square-foot, Four-story Research and Development Office Building at the Former El Torito Restaurant Site Located at 388 Vintage Park Drive – EA2021-0001, RZ2021-0003 AND UP2021-0023.

Community Development Director Subhashini presented the staff report.

Benjamin Yu, representative from SteelWave, and Peter Banzhaf, representative from Helios, provided a presentation.

The following people addressed the City Council in person:

1. Charlie Bronitsky, 756 Niantic Dr;

2. Alberta Sur, 655 Catamaran St;

3. Debra Yano, 822 Juno Lane;
18 4. Nathan Tsai, 1231 Chess Drive;

5. Edward Evans, 1153 Chess Drive, Suite 100, representing Carpenters Union Local 217;

6. Moises Villeda, representing Carpenters Union Local 217;

7. John Medina, representing Sprinkler Fitters Union Local 483;

8. Joshua Markowitz, 713 Catamaran St., #2;

9. Ray Lyons, representing SteelWave;

10.Bart Pantoja, representing San Mateo County Building Trades Council;

11.Danielle Steinmetz, representing Berkley & Company Contractors; and

12.Chad Russick, representing Silicon Valley Mechanical.

The following people addressed the City Council via teleconference:

1. Steven Goodale, representing Sierra Club, presented a video regarding biosafety levels;

2. Sonja Tappan;

3. Ron Haupt;

4. Ashley B, representing Carpenters’ Union;

5. Angela Stucker, regarding sustainability and biodiversity;

6. Kristin Mercer;

7. Betsy Gilman Duane;

8. John Talamentez, representing Carpenters Union Local 217; and

9. Gita Dev.

The following people addressed the City Council via email:

1. George Fanourgiakis;

2. Eileen Greathouse, representing Vintage Park Community Association Board of Directors;

3. Steven Goodale, representing Sierra Club, regarding presenting a video on biosafety levels;

4. Alberta Sur, 655 Catamaran St;

5. Debra Yano;

6. Susan Yamauchi;

7. Richard Chang;

8. Betsey Duane, representing Environmental Health & Engineering, Inc.;

9. Marah Curry, representing Foster City Chamber of Commerce;

10.Sheri Pan;

11.Janice Hennessey, representing Kidder Matthews;

12.William Pitney.

Peter Banzhaf, representative from Helios, addressed the City Council.

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

Discussion ensued.
19 Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried, 4- 1-0, Vice Mayor Froomin voted “no”, adopting Minute Order No. 1868, directing staff to bring back a resolution to approve the appeal and directing the appellant to work together with unions to resolve prevailing wage issue.

RECESS. The meeting recessed at 8:37 p.m. and reconvened at 8:44 p.m.

NEW BUSINESS
APPOINTMENT OF ONE CITIZEN TO A PARTIAL TERM FROM JANUARY 1, 2020 THROUGH DECEMBER 31, 2022 ON THE TRAFFIC REVIEW COMMITTEE: FIKRET CANER GOCMEN AND GARY POLLARD. MINUTE ORDER NO. 1869.

Deputy City Clerk Cappello presented the staff report.

Fikret Caner Gocmen was interviewed by the City Council for appointment to the Traffic Review Committee.

By Consensus of the City Council, Minute Order No. 1869 was adopted, appointing Fikret Caner Gocmen to a partial term from January 1, 2020 through December 31, 2022.

Without objection from the City Council, Mayor Awasthi took “An Ordinance of the City of Foster City Amending Title 8, Health and Safety, of the Foster City Municipal Code to Add a New Chapter 8.11, Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” out of agenda order at the request of Councilmember Gehani.

ORDINANCES FOR INTRODUCTION
AMENDING TITLE 8, HEALTH AND SAFETY, OF THE FOSTER CITY MUNICIPAL CODE TO ADD A NEW CHAPTER 8.11, REGULATION OF THE SALE OF FLAVORED TOBACCO PRODUCTS AND ELECTRONIC CIGARETTES. TAKEN OUT OF AGENDA ORDER.

Councilmember Hindi recused himself due to a conflict of interest because his business sells tobacco products.

City Attorney Stock presented the staff report.

The following people addressed the City Council in person:

1. Alison Proctor, 15 Montego Lane; and

2. Charles Stone.

Stacy Jimenez addressed the City Council via email.
20 Motion by Councilmember Sullivan, seconded by Mayor Awasthi, 2-2-0, Vice Mayor Froomin and Councilmember Gehani voted “no,” motion failed to table the item.

Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried, 2-2- 0, Mayor Awasthi and Councilmember Sullivan voted “no”, motion failed to introduce Ordinance by title, by motion waive further reading to second reading.

RECESS. The meeting recessed at 10:11 p.m. and reconvened at 10:16 p.m.

APPOINTMENT OF VOTING DELEGATE AND ALTERNATE FOR THE LEAGUE OF CALIFORNIA CITIES 2022 ANNUAL CONFERENCE. MINUTE ORDER NO. 1870.

Deputy City Clerk Cappello presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Vice Mayor Froomin, and carried unanimously, 5-0-0, Minute Order No. 1870 was adopted, appointing Mayor Richa Awasthi as voting delegate and Councilmembers Sanjay Gehani and Patrick Sullivan as alternates for the League of California Cities 2022 Annual Conference.

REPORTS

REPORT ON WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER PROGRAM - UPDATE FOR APRIL THROUGH JUNE 2022. MINUTE ORDER NO. 1871.

Public Works Director Sun presented the staff report.

Discussion ensued.

Motion by Vice Mayor Froomin, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, Minute Order No. 1871 was adopted, receiving and accepting the report.

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

MINUTE ORDER NO. 1872.

Public Works Director Sun and Senior Engineer Magno presented the staff report.

Discussion ensued.

Motion by Vice Mayor Froomin, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, Minute Order No. 1872 was adopted, receiving and accepting the report.
21 FOSTER CITY LAGOON MANAGEMENT PLAN. MINUTE ORDER NO. 1873.

Public Works Director Sun presented the staff report.

Discussion ensued.

Motion by Councilmember Sullivan, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, Minute Order No. 1873 was adopted, receiving and accepting the report.

RESOLUTIONS FOR ADOPTION
CONTRACT CHANGE ORDER NO. TWENTY-SIX (CCO #26) TO SHIMMICK CONSTRUCTION CO., IN THE AMOUNT OF $2,809,766.91 TO ADD CONTROLLED

DENSITY FILL AND CONSTRUCT AMERICANS WITH DISABILITIES ACT REVISIONS

FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657). CITY RESOLUTION NO. 2022-105.

Public Works Director Sun presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Vice Mayor Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-105, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Change Order No. Twenty-six (CCO #26) to Shimmick Construction Co., in the Amount of $2,809,766.91 to Add Controlled Density Fill and Construct Americans With Disabilities Act Revisions for the Levee Protection Planning and Improvements Project (CIP 327- 657)”, with the notation that the City reserves the right to determine the responsible party for the Controlled Density Fill costs and request compensation for the applicable amount of approximately $692,000.

COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

City/District Warrants of Demands were processed and issued on July 28, 2022 and ACH were processed on July 28, 2022 and August 5, 2022 and ACH were processed on August 5, 2022.

COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,

AND CITY/DISTRICT MANAGER REPORTS
City/District Manager Chatwin invited the public to join Summer Days, starting Friday August 19 for the classic car show, rubber ducky races, and many other fun activities. He 22 stated that City Hall will be closed on September 5 in observance of Labor Day, and the City Council meeting scheduled for September 6 is cancelled.

Councilmember/Director Sullivan stated that he attended the City/County Association of Governments Bicycle and Pedestrian Committee meeting on July 28, and they discussed various improvements projects and funding availability. He attended the San Mateo Union High School District Board Meeting on August 11, which included introductions from principals. He stated that the Infrastructure/Facilities subcommittee meeting scheduled on August 9 was cancelled. He also mentioned a meeting regarding regional efforts pertaining to geese mitigation.

Councilmember/Director Hindi thanked Councilmember Sullivan for his efforts on the City/County Association of Governments Bicycle and Pedestrian Committee and Mayor Awasthi for her work on regional geese mitigation efforts. He attended the San Francisco Airport Roundtable on August 3 and they discussed the return to pre-pandemic noise levels and collaborative efforts with the Federal Aviation Administration to reduce nighttime noise.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 11:25 p.m.
23 DATE: September 19, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Julie Paping, Principal Management Analyst

SUBJECT: AUTHORIZING THE RECEIPT OF CALIFORNIA COALITION

FOR CLEAN AIR MICROGRANT FUNDING IN THE AMOUNT
OF $1,000 TO SPECIAL RECREATION FUND ACCOUNT NO.
003-0000-340-1470 AND THE APPROPRIATION OF $1,000 TO
SPECIAL RECREATION FUND ACCOUNT NO. 003-0537-451-
4243

RECOMMENDATION

It is recommended that the City Council adopt the attached resolution authorizing the receipt of California Coalition for Clean Air microgrant funding in the amount of $1,000 to Special Recreation Fund Account No. 003-0000- 340-1470 and the appropriation of $1,000 to Special Recreation Fund Account No. 003-0537-451-4243.

EXECUTIVE SUMMARY

The City of Foster City was awarded a Clean Air Day Microgrant in the amount of $1,000 by the California Coalition for Clean Air. The purpose of the funding is to support events promoting Clean Air Day, including community bike rides. The City, in partnership with the San Mateo-Foster City Community Education Foundation, is hosting a community bike ride and scavenger hunt event. The $1,000 funding will go towards the purchase of the grand prize (an electric bike) and other event supplies or giveaways.

24 BACKGROUND/ANALYSIS

October 5, 2022 is recognized as Clean Air Day and is promoted by the California Coalition for Clean Air as a way to raise community awareness on the adverse health effects of air pollution and to highlight ways communities can work together to reduce air pollution. In support of Clean Air Day events across California, such as community bike rides and tree-planting events, the Coalition for Clean Air offered $1,000 Clean Air Day microgrants. Staff applied for the microgrant and was awarded funding in the amount of $1,000 to be used toward a community bike ride event.

The City hosts an annual community bike ride that will include a scavenger hunt element for 2022. This year’s event will take place from September 16 through October 5. City staff will promote the event in connection with Clean Air Day, encouraging residents to consider bicycling as an alternative to driving in vehicles. Grant funding will be used to purchase a grand prize electric bike, other giveaways, and supplies for the community bike ride and scavenger hunt event.

To qualify for the grant, the City was required to partner with another agency, and staff chose to team up with the San Mateo-Foster City Education Foundation. The Education Foundation graciously agreed to help promote the community bike ride and scavenger hunt event to local students and families.

Staff hopes that with assistance from the Education Foundation, there will be an increased number of participants in this year’s event and greater awareness about Clean Air Day.

Both the City of Foster City and the San Mateo-Foster City Education Foundation have taken the Clean Air Day pledge. Residents of Foster City are encouraged to take the pledge by visiting
https://www.cleanairday.org/pledge/individual/fostercity/.

FISCAL IMPACT

If approved by City Council, grant funding in the amount of $1,000 will be accepted to Special Recreation Fund Account No. 003-0000-340-1470 and funding in the amount of $1,000 will be appropriated to Special Recreation Fund Account No. 003-0537-451-4243 for the purpose of purchasing a grand prize, other giveaways, and supplies for the community bike ride and scavenger hunt event.

25 CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This item is in alignment with the City Council's "Innovation and Sustainability" Value/Priority Area. Funding from the Clean Air Day microgrant will be used to enhance a community bike ride event and promote Clean Air Day.

Attachment:
 Attachment 1 – Resolution
26 RESOLUTION NO. ________

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

AUTHORIZING THE RECEIPT OF CALIFORNIA COALITION FOR CLEAN AIR MICROGRANT FUNDING IN THE AMOUNT OF $1,000 TO SPECIAL RECREATION FUND ACCOUNT NO. 003-0000-340-1470 AND THE APPROPRIATION OF $1,000 TO SPECIAL RECREATION FUND ACCOUNT NO. 003-0537-451-4243

CITY OF FOSTER CITY
WHEREAS, the California Coalition for Clean Air offered $1,000 Clean Air Day microgrants in support of Clean Air Day events in California; and WHEREAS, the City of Foster City applied for the microgrant to enhance the City’s annual community bike ride event; and
WHEREAS, the City’s annual community bike ride event will be promoted in connection with Clean Air Day, October 5, 2022; and
WHEREAS, the City of Foster City was awarded the microgrant in the amount of $1,000.

NOW, therefore, be it resolved that the City Council of the City of Foster City authorizes the receipt of California Coalition for Clean Air microgrant funding in the amount of $1,000 to Special Recreation Fund Account No. 003-0000-340-1470 and the appropriation of $1,000 to Special Recreation Fund Account No. 003-0537-451-4243.

PASSED AND ADOPTED by the City Council of the City of Foster City at a Regular Meeting thereof held on September 19th, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
27 DATE: September 19, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Community Development Director

SUBJECT: AUTHORIZATION OF CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF $150,000 WITH GOOD CITY COMPANY FOR

PROFESSIONAL ON-CALL PLANNING CONSULTING

SERVICES

RECOMMENDATION

It is recommended that the City Council adopt the attached Resolution authorizing the Mayor to execute Contract Amendment No. 1 to the existing Contract Agreement with Good City Company (Good City) for professional on- call planning consulting services, in an amount not to exceed $150,000.

EXECUTIVE SUMMARY

In September 2021, the City Council authorized an agreement with three (3) planning consulting firms in an amount not to exceed $49,000 each to augment planning staff for development projects and long-range planning projects on an on-call basis. Good City is one of the three (3) firms that the Planning Division of the Community Development Department (CDD) is currently utilizing for on-call planning consulting services. While the City is actively trying to recruit and fill key vacancies within CDD, a contract amendment in the amount of $150,000 is being requested to continue utilizing Good City for planning consulting services for ongoing development projects.

Consultant costs associated with review of development projects are paid for by the project applicant on a 100% cost recovery basis through a planning fee 28 deposit account.

BACKGROUND/ANALYSIS

On July 19, 2021, the City Council adopted Resolution No. 2021-100 authorizing staff to issue an RFQ to establish a list of qualified consulting firms for professional on-call planning services for the Planning Division. On September 20, 2021, the City Council adopted Resolution No. 2021-140 approving an established list of six (6) qualified Planning consulting firms for professional on-call planning services for the City of Foster City. Of the six (6) firms, the City entered into separate agreements for on-call planning services with three (3) firms in an amount not to exceed $49,000 each for a period valid through December 31, 2024. The three (3) firms included 4Leaf Inc., Good City, and M-Group. On September 20, 2021, the City Council adopted Resolution No. 2021-142 authorizing the execution of an agreement with Good City Company in the amount not to exceed $49,000 for professional on- call planning services valid through December 31, 2024.

Good City Company has been providing professional planning consulting services since October 2021. At the time, the Planning Division was staffed by one (1) Planning Manager, one (1) Assistant Planner, and supported by one (1) Management Analyst. CDD continued to experience staff turnover in the subsequent months. In order to continue to maintain the levels of service from responding to customer inquiries, staffing the planning counter, conducting inspections, reviewing and processing minor permits and major development projects, administering the City’s affordable housing programs to implementing long range planning initiatives, there is a continued need for reliable and responsive consultants capable of providing planning services on an as-needed basis. Good City staff have provided project management services by working closely with City staff, other consultants, and subconsultants on development projects for the City. However, the previously approved contract amount of $49,000 is not sufficient to cover ongoing costs and provide the continuity of service on development projects that Good City has been assigned to review and process over the next several months.

Therefore, staff is requesting that the original contract be amended with a new contract amount not to exceed $150,000 to extend the services until such time the Planning Division is fully staffed and/or the influx of new projects starts to taper.

29 FISCAL IMPACT

All costs associated with review of development projects including plan review, project coordination, environmental review, and associated actions for the development projects will be paid for by the project applicant on a 100% cost recovery basis through a planning fee deposit account.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This action is in alignment with the City Council’s Vision and Mission for the “Smart Planning, Development, and the Local Economy” Value/Priority Area to protect, maintain, and enhance our community character through thoughtful planning.

Attachments:
 Attachment 1 – Resolution
 Attachment 2 – Contract Amendment
 Attachment 3 – Original Proposal
30 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. 1 IN AN AMOUNT NOT TO EXCEED $150,000 WITH GOOD CITY COMPANY FOR

PROFESSIONAL ON-CALL PLANNING CONSULTING SERVICES

CITY OF FOSTER CITY
WHEREAS, the Planning/Code Enforcement Division is responsible for the long term planning regarding growth and development of the City, for reviewing and processing all land use and development proposals, and for maintaining the appearance and planned development aspects of the community; and
WHEREAS, on July 19, 2021, the City Council authorized the issuance of an RFQ to establish a list of qualified consulting firms for professional on-call planning services for the City of Foster City; and
WHEREAS, on September 20, 2021, the City Council approved and established a list of six (6) qualified consulting firms for professional on-call planning services for the City of Foster City; and
WHEREAS, on September 20, 2021, the City Council executed a Contract Agreement with Good City Company, in an amount not to exceed $49,000 for professional on-call planning services and valid through December 31, 2024; and WHEREAS, given the staff turnover in the Planning Division, current workloads and development projects under review, there is a continued need for staff augmentation with outside planning consultants on an as-need basis in order to provide the levels of service; and
WHEREAS, Good City Company is currently providing project management services on a variety of development projects; and
WHEREAS, the previously approved contract amount of $49,000 is not sufficient to cover ongoing costs and provide the continuity of service on development projects that Good City has been assigned to review and process over the next several months; and WHEREAS, an additional contract amount not to exceed $150,000 is being requested in order to continue using Good City Company to provide on-call planning services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute Contract Amendment No. One (1) to the existing agreement with Good City Company, in the amount of $150,000, for on-call planning services for a period ending on December 31, 2024. 31 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 September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
32 CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. ONE (1)
Date: September 19, 2022 Account No.: 001-0000-249-0000 Project: On-Call Planning Consulting Services
To: Good City Company. – Based on mutual agreement, the following work is hereby included in your Agreement approved by the City on September 20, 2021 and amended on September 19, 2022. All terms and conditions of the original Agreement remain the same.

Change Requested by: City of Foster City and Good City Company ORIGINAL CONTRACT $ 49,000.00 AMOUNT OF CONTRACT TO DATE $ 49,000.00 AMOUNT OF CONTRACT AMENDMENT NO. ONE (1) $ 150,000.00 REVISED CONTRACT AMOUNT $199,000.00
Additional Work included in the Contract Amendment:

Good City Company’s expanded scope is needed while the City is actively trying to recruit and fill key vacancies within CDD and is being requested to continue utilizing Good City for planning consulting services for ongoing development projects that Good City has been assigned to for review and process over the next several months. Consultant costs associated with review of development projects are paid for by the project applicant on a 100% cost recovery basis through a planning fee deposit account 33 We, the undersigned consultant, have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified and to accept as full payment therefor the prices shown above.

CITY OF FOSTER CITY
DATED: _____________________________________ Richa Awasthi, Mayor
ATTEST:

DATED: _____________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
DATED: _____________________________________ Benjamin Stock, City Attorney

CONSULTANT
DATED: _____________________________________ Aaron Aknin, Principal/Owner, Good City
Company
34 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 1 SOQ for City of Foster City
August 16, 2021
Sofia Mangalam, Planning Manager
610 Foster City Boulevard
Foster City, CA 94404
RE: Statement of Qualifications for On-Call Planning Services Dear Ms. Mangalam:

Good City Company (Good City), a California corporation, is pleased to submit this proposal to provide on-call planning services to the City of Foster City (City). For decades, Good City, formerly known as Neal Martin & Associates, has provided planning services in Northern California and is headquartered in nearby San Carlos. Good City understands that the City of Foster City is seeking qualified consulting firms to perform planning services on development applications and long-range planning projects on an “on-call” basis.

Aaron Aknin, AICP, will serve as the Principal for this engagement. Having served as an executive overseeing community development with three agencies, Mr. Aknin brings substantive experience in current- and advanced-planning, environmental review and project management, and policy analysis.

Goo
d City has prepared a Statement of Qualifications in accordance with the City’s Request for Qualifications. We understand that the City is looking for a range of services including:
• Analysis of development applications for compliance with the General Plan, Zoning Ordinance, and other local and state laws, guidelines, and policies • Building relationships with internal and external stakeholders to communicate processes, suggest improvements, present and review projects related to development review
• Preparing and writing Planning Commission and City Council staff reports, and attending relevant meetings
• Compile and analyze data on factors affecting land use • Ensure development applications compliance with conditions of approval and mitigation measures during the construction phase
• Analyzing projects for CEQA compliance or coordination with on-call CEQA consultants • Project management and facilitation
We have a growing staff ranging in experience from planning technicians to planning director and have the ability to attract additional talent where needed. Additionally, we have recently added staff with substantive Economic Development and Building Official experience. We Exhibit 3
35 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 2

SOQ for City of Foster City

pride ourselves on working as an extension of City staff.

We look forward to the opportunity to assist the City of Foster City with professional planning services and discussing our services and qualifications with you further. Thank you, and please let me know if you have any questions. I can be reached at (415) 845-8344 or [email protected].

Sincerely,

Aaron Aknin, AICP
Principal
Good City Company

36 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 3

SOQ for City of Foster City

BILLING STRUCTURE

Proposed Fee Schedule

Good City proposes a time and material cost structure to provide planning technician services based on the following billing rates:

• Director/Principal $225/hour
• Principal Planner $195/hour
• Economic Development Director $185/hour
• Chief Building Official $140/hour
• Senior Planner/Project Manager $160/hour
• Associate Planner $125/hour
• Assistant Planner $100/hour
• Planning Technician $80/hour
• Administrative Assistant $60/hour

Subconsultant Contracts Direct Billing + 10% oversight
fee

* Rates subject to adjustment January 1st of each year
(typically 3-5% increase).

37 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 4

SOQ for City of Foster City

RELEVANT EXPERIENCE

Firm Qualifications

GOOD CITY COMPANY is a local government and land use consultant firm based in San Carlos, California, the “City of Good Living.” Initially founded in 1972 as Neal Martin & Associates, the company was re-established in 2019 as Good City Company (Good City). The company is a California Corporation owned and operated by Lisa Costa Sanders and Aaron Aknin, AICP.

Good City has a long track record of serving public and private sector clients.

Our Northern California based history uniquely positions the company to provide technical services tailored to the local area. Good City services include:

Good City has provided Comprehensive In-House Planning (Entitlements, Advanced Planning, CEQA, and Special Studies) for the following cities. • Atherton • Redwood City
• East Palo Alto • San Bruno
• Hillsborough • San Carlos
• Pacifica • San Mateo
• Portola Valley

38 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 5

SOQ for City of Foster City

PROJECT MANAGEMENT / ENTITLEMENTS . Good City has extensive experience in successfully guiding the private development process in Northern California. Working with jurisdictions and private clients, Good City has provided the professional direction to assure that projects are completed successfully in a streamlined fashion with careful attention to both local and State requirements. Some of these services include site planning, project management of entitlement review, staff report writing, design review, building permit review, Planning Commission and City Council facilitation and front counter staffing. We can provide staffing on both a short and long-term basis.

Good City also reviews and makes recommendations related to optimizing project review processes, in order to work well for both the City and applicant, and in compliance with State legislation.

39 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 6

SOQ for City of Foster City

LONG-RANGE PLANNING. Good City’s background in long-range planning includes creation and process facilitation of policy planning initiatives such as General Plans, Specific Plans, Master Plans, Downtown/Transit Corridor Plans, and Zoning Codes. In addition to general policy planning work, Good City can assist cities in developing strategies to produce more housing at all income levels. Our services also include implementation and tracking of Long-Range Planning documents, such as General Plans, Housing Elements, Downtown Plan, and Specific Plans.

CALIFORNIA ENVIORMENTAL QUALITY ACT (CEQA) . Good City’s CEQA services include complete initial reviews, categorical exemptions, negative declarations, and monitor projects consistent with CEQA. As project managers, Good City staff also coordinate with cities’ on-call environmental review consultants to analyze project’s potential impacts.

40 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 7

SOQ for City of Foster City

Experience Sample

Within the City of SAN CARLOS
• General Plan (and Climate Action Plan) Comprehensive Update • Zoning Ordinance Comprehensive Update
• 2010, 2014 and 2022 (ongoing) Housing Element Update policy advisory and project management services
• Multi-tiered entitlement processing for large mixed-use projects, residential projects, and commercial projects
• Residential annexations
• Architectural Review for new single-family homes
• Subdivision Plan review and processing
• Conditional Use Permits for new businesses
• Tree removal applications
• Massage Permit Applications
• Sign Permit Applications
• City Council report preparation and presentation
• Planning Commission Review Preparation (Staff Reports, Minutes, Packet assembly and distribution)
• Economic Development assistance
• Property acquisition for economic development
• City-owned property management including lease negotiation 41 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 8

SOQ for City of Foster City

• Housing Program administration
• Manage consultant preparation of EIRs
• Housing Strategy
• Downtown Streetscape Strategy and Project Management

Within the City of SAN BRUNO
• Complex large project processing including; large condominium complexes, residential developments, large and small in-fill single-family subdivisions, and home development, and commercial shopping mall renovation
• Preparation of staff reports and recommendations on planning projects to the Planning Commission and City Council
• Preparation of staff reports on public services/engineering projects to the City Council
• Management of sustainability projects
• Management of grant programs
• Assistant Project Management for the San Bruno Grade Separation project • Manage and provide direction to staff on planning projects

For the City of EAST PALO ALTO
• Current planning project management services for the Ravenswood / 4 Corners TOD Specific Plan.
• Review plans for compliance with the zoning code, specific plan and general plan, prepare staff reports, and respond to public inquiries. 42 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 9

SOQ for City of Foster City

GOOD CITY PERSONNEL

GOOD CITY COMPANY is led by Lisa Costa Sanders and Aaron Aknin, AICP.

The firm’s size currently consists of staff with a wide cross section of Community and Economic Development ranging from planning technicians to Community Development Directors, and includes an Economic Development Director and Chief Building Official. The firm is very capable of recruiting additional personnel as cities’ needs change.

Organization Personnel

AARON AKNIN, AICP
Principal / Owner NICK HAMILTON
Senior Planner

LISA COSTA SANDERS
Principal / Owner JACOB GARCIA
Associate Planner

KELLY BEGGS
Principal Planner / Planning Manager EMILIO FLAMENCO
Assistant Planner

STEPHANIE DAVIS, AICP
Principal Planner ROBERT MILLER
Assistant Planner
NEAL J. MARTIN, AICP
Consultant
(Planning Director/Principal Planner)

RALPH ROBINSON
Assistant Planner

LESLIE PARKS
Economic Development Director SARA CADONA
Assistant Planner

SABINA MORA
Senior Economic Development Planner JULIA HOFFMAN
Planning Technician

RON LA FRANCE
Chief Building Official DARA PHUNG
Planning Technician

CHRISTOPHER DACUMOS
Senior Planner / Project Manager

43 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 10

SOQ for City of Foster City

Key Team Members

For the City of Foster City, GOOD CITY proposes its full roster of personnel to draw from led by Aaron Aknin as Principal for this engagement. Aaron will work in coordination with the City’s Planning Manager to identify GOOD CITY staff that will be available to work for Foster City and will best be able to contribute to the planning team’s efforts. GOOD CITY staff summaries can be found in Attachment A.

44 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 11

SOQ for City of Foster City

REFERENCES

City of San Bruno
567 El Camino Real
San Bruno, CA 94066

Pamela Wu – Director of Community Development
[email protected]
p. 650.616.7039

Description of work: Provide a senior planner (40 hours per week). Good City also provides additional staffing support through the Principal and another senior planner.

Time period: On-going

City of San Carlos
600 Elm Street
San Carlos, CA 94070

Al Savay –Community Development Director
[email protected]
p. 650.802.4209

Description of work: Good City provides the City with a full range of staff including Principal Planner, Senior Planner, Assistant Planner, and Planning Technician.

Time period: On-going

City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080

Mike Futrell – City Manager
[email protected]
p. 650.552.7207

Description of work: Project manager for General Plan Update. The City of San Carlos does not provide a percentage of work the firm is responsible for Time Period : Through March 3, 2022

45 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 12

SOQ for City of Foster City

Statement Acknowledging the City’s
Agreement for Professional Services

Good City Company (Good City) has reviewed the template Professional Services Agreement and agrees to execute and comply with an agreement in the form of that template if the proposal is selected. Good City will be able to fulfill the insurance requirements included in the template Agreement.

No changes are requested.

46 1351 Laurel Street, San Carlos, CA 94070 | www.goodcityco.com 13

SOQ for City of Foster City

Attachment A

BIOS AND RESUMES

Biographies listed on the following pages are subject to change.

47 AARON AKNIN, AICP
Principal / Owner
Aaron Aknin, AICP, is a Principal and Co-Owner of Good City Company.

He has two decades of Bay Area municipal experience, including serving in an executive capacity for several different Peninsula cities. He is a member of the American Institute of Certified Planners (AICP) and the American Planning Association. Aaron has frequently spoken at regional events, as well as served on panels at national conferences on topics related to development, downtown planning, transportation, parking, affordable housing, and related issues.

ATTACHMENT A - BIOS AND RESUMEs
48 Good City Company | Statement of Qualifications
Aaron is currently providing policy, staffing and negotiating services to a number of public sector agencies, including the cities of San Carlos, San Mateo, San Bruno, the County of San Mateo and the Joint Power Board (Caltrain). He recently completed the “Manzanita Report”, which was done in partnership with Joint Venture Silicon Valley, and coordinated transportation policy between eight cities and eight major corporations. He is also assisting the County Manager’s Office with the COVID-19 Long-Term Recovery Plan. In addition to public sector work, he provides land-use advisory services to several private sector clients.

Prior to his current role, Aaron was the Assistant City Manager and Community Development Director with the City of Redwood City. In this capacity, he oversaw a 70+ member department, which included the Planning, Building, Housing, Engineering, Transportation, Front Counter Services, and Code Enforcement divisions. As the Assistant City Manager, he led other key Citywide Initiatives and also served as Interim City Manager.

Aaron was in Redwood City during a time of unprecedented growth and community involvement.

During his half-decade with the City, the City reviewed and processed over 4,000 new housing units, as well as several million square feet of office space. Aaron oversaw the implementation of the Redwood City Downtown Precise Plan, including several key amendments to the plan. Aaron helped shape a first of its kind community benefits program (“Partnership Redwood City”), adoption of several key affordable housing initiatives including an inclusionary housing ordinance, an Airbnb affordable housing tax, and renter protections, as well as the adoption the Citywide Transportation Plan. Aaron was also deeply involved in economic development issues and served on the Redwood City Community Improvement Association (RCIA) Board. Aaron continues to serve on the RCIA Board and is on the Redwood City/San Mateo County Chamber of Commerce Board of Directors.

Finally, one of Aaron’s key focuses in Redwood City was improving the process, both for residents participating in policymaking and development review, as well as applicants, business owners and developers who chose to invest in the City.
49 Before coming to Redwood City, Aaron was with the City of Palo Alto. He served as both the Assistant and Interim Director of Planning and Community Environment. In this capacity, he led the Planning and Transportation Divisions within the City, and helped oversee certain components of the Development Services Center. Key projects included the formation of the first Downtown Residential Permit Program (RPP), leading the downtown development cap process, providing direction related to the Comprehensive Plan (General Plan), being the Planning Commission liaison, and overseeing several Stanford related developments. During his time in Palo Alto, Aaron focused much of his efforts on transparency by increasing the amount of available (and understandable) public information and building a connection within the community.

Aaron “grew up” as a local government professional within the City of San Bruno. He began his career in San Bruno in 2002 as an Assistant Planner, and left in 2012, spending the last five years as the Community Development Director. As Community Development Director, he was in charge of the Planning, Building, and the Code Enforcement divisions in the City. During his time in San Bruno, the Shops at Tanforan Mall was renovated for the first time in generations, and over 1,500 residential units were constructed citywide. This project included over 1,000 units at “The Crossing” (former Navy Base) which included 315 affordable units. During Aaron’s tenure as Director, the City adopted the first General Plan in 25 years, and the draft Transit Corridor Plan was released. Most importantly, Aaron served as the Plan Section Chief during the PG&E Pipeline Explosion and worked closely with property owners during the immediate aftermath and in the months and years following the disaster.

Education
• B.A., Urban Studies, San Francisco State University
• M.A., Public Policy, Cal State Northridge
Memberships
• American Institute of Certified Planners
• American Planning Association
Good City Company | Statement of Qualifications
50 LISA COSTA SANDERS
Principal / Owner
Ms. Costa Sanders has been with the firm since 1992. Her experience and specialties include interdepartmental project management, current, and long-range planning, solid waste and recycling management, budget preparation, and economic development and housing program implementation. She also has extensive experience in design review, California Environmental Quality Act (CEQA), Subdivision Map Act, and worked on permit streamlining and permit tracking systems. Ms. Costa Sanders manages staff and processes large complex development projects.
51 Good City Company | Statement of Qualifications
Serving as Principal Planner for the City of San Carlos, Ms. Costa Sanders provides staff assistance for larger complex Planning and Economic Development projects. She was the Project Planner for the Wheeler Plaza Development and Landmark Hotel Development. She also assisted with property acquisition for economic development, managed city-owned properties including lease negotiations, and managed the City’s affordable housing programs.

Ms. Costa Sanders also assists with General Plan and Zoning Code updates and amendments.

Ms. Costa Sanders also served as the Acting Assistant City Manager for the City of San Carlos. In that capacity, she prepared the Mayor’s State of the City presentation, managed the City’s annual Strategic Plan update, reviewed all City Council staff reports and attended several regional meetings on behalf of the City Manager’s office.

As Town Planner for the Town of Atherton, Ms. Costa Sanders manages all current and long-range planning and presents projects to the Planning Commission and City Council.

Ms. Costa Sanders also prepares ordinance amendments, General Plan updates and amendments, works on annexations and subdivisions.

Ms. Costa Sanders is currently assisting the City of South San Francisco with its comprehensive General Plan update, preparation of the Environmental Impact Report and Zoning Code Update.

As Contract Principal Planner for the City of Redwood City, Ms. Costa Sanders managed larger complex development applications including the Harbor View Place development, Rocketship Charter School, multi-family development at 150 El Camino Real, mixed-use development at 557 E. Bayshore and 610 Walnut Street, Sandpiper School expansion and the City’s new water tank project.
52 Previously as the Acting Planning Manager for the City of San Bruno, she was the project planner for the Tanforan Remodel Project, Crossing 350-unit housing development, Pacific Bay Vistas, 308-unit multi-family development, Merimont 70 new home development, Skycrest 24 new home development, and Cedar Mills 14 new home development. She also assisted the Public Services Director with preparing reports to the City Council, managing sustainability projects, managing grant programs and served as the Assistant Project Manager for the San Bruno Grade Separation project.

Education
• B.S., City and Regional Planning, California Polytechnic State University , San Luis Obispo Memberships
• American Planning Association
53 Leslie Parks has led and assisted with a diverse range of programs in economic development, workforce development, redevelopment, affordable housing, and public/private partnerships.

In addition to her
consulting work for urban and rural communities in California and the U.S., Leslie has served as
Director of Economic Development for the
City of San Jose;
Director of Downtown and Industrial Development
for the San Jose Redevelopment Agency; Director of Community Development for the City of San Carlos; Interim Director of Workforce Development for San Mateo County; and most recently , Special Projects Consultant for the City of Redwood City's housing and economic development programs.

Leslie Parks
Economic Development Director
54 Good City Company | Statement of Qualifications
Leslie has also provided economic development consulting services to the cities of Santa Rosa, Mountain View, Half Moon Bay, Vacaville, the Solano Ecnomic Development Corporation, and Joint Venture/Silicone Valley to name a few of her previous clients. She is currently providing use tax consulting services to the cities of Menlo Park, Burlingame and San Jose and developed a small business action plan for the City of Mountain View. Leslie is also a trained facilitator in consensus building, community engagement, public process, and strategic planning.

Education
• B.A., History, San Jose State University
• M.A. History, San Jose State University
55 38
Ron La France is a Chief Building Official with Good City Company working in the Town of Portola Valley. Mr. La France has over 35 years in the construction industry and has spent the last 25 years working for and with local Build
ing Divisions. He began his career as
a carpenter and general contractor before making a career change to become a Seni
or Building Inspector for the City of Menlo Park. Mr.

La France was promoted to Building Official in 2003 and Assistant Community Develo
pment Director/Building Official in 2014. After
leaving the City of Menlo Park in 2018 and prior to joining Good City Company, he worked as the Northern California Regional
Operations Director for SafeBuilt.

RON LA FRANCE
Chief Building Official
56 Good City Company | Statement of Qualifications
During his tenure with the City of Menlo Park, Mr. La France oversaw Building Division's operations, budgets, and the building permitting process for development projects.

Additionally, he assisted with the City's General Plan and Housing Element updates, the development of Reach Codes, the updating Building Division fees and the resolution of code enforcement issues. He oversaw the construction of the Facebook campuses, the Menlo Gateway high rise hotel and office buildings, the Station 1300 Project and several new apartment complexes. With SafeBuilt, Mr. La France was deeply involved with the development of a proprietary permit software, conversion to all digital plan review and the completion of the Hard Rock Casino in Wheatland.

Mr. La France's broad experience allows him to understand all facets of the development process and enables him to work collaboratively with city departments and development applicants towards resolution of a wide range of complex construction issues.

Education
• B.S., Physics, University of California, Berkeley
• M.A., Economic and Political Development, Urban and Social Policy, Columbia University
Memberships
• American Institute of Certified Planners
• American Planning Association
57 STEPHANIE DAVIS, AICP
Principal Planner
Stephanie Davis has extensive project management experience.

Her planning portfolio includes project management of high-level, multi-faceted commercial, multi-family, industrial, mixed-use and single-family residential development applications, wireless tele- communications, residential annexations, due diligence site analysis and long-range planning studies. Ms. Davis has extensive experience with the California Environmental Quality Act (CEQA) from exemptions, Negative and Mitigated Declarations up to Environmental Impact Report that includes preparation, compliance, implementation and coordination and management of outside environmental consultants.
58 Good City Company | Statement of Qualifications
She served as lead staff planner in the comprehensive preparation of General Plan, Climate Action Plan and Zoning Ordinance updates that involved extensive community outreach, active research and plan preparation efforts in the development of policy direction, as well as coordination and management of third-party consultants. Ms. Davis’ breadth of experience also carries over into the field of housing; with direct work including the administration and implementation of housing programs, including affordable housing and first-time homebuyer loan programs, Housing Element preparation and a comprehensive update of an inclusionary housing Ordinance. She is experienced in the writing and production of comprehensive reports, planning studies, and presentation of materials to decision-making boards, commissions, and community members.

Ms. Davis currently serves as Senior Planner at the T own of Atherton and for the City of San Carlos. As a Principal Planner, she has actively provided supervisory guidance and technical assistance to staff, served as the staff liaison to Planning Commissions and other appointed community committees and commissions, prepared process manuals and protocols for both internal staff and the public, and directly assisted in the preparation of annual Department work programs and fee study analysis. For private clients, she has prepared due diligence site analysis’ and technical assistance in both the preparation of materials, and navigation of, development process through other jurisdictions. She is skilled in Geographical Information Systems (GIS), electronic mapping, and quantitative analysis.

Education
• B.S., Geography/Land Use, Oregon State University , OR Memberships
• American Institute of Certified Planners
• American Planning Association
59 KELL Y BEGGS
Senior Planner
Kelly has over 6 years of experience in land use planning, environmental planning, and GIS analysis. Through her combination of contract planning and entitlements assistance experience, she has experience reviewing projects ranging from single-family home additions to 1,000-unit multi-family developments for cities throughout the Bay Area. Her environmental planning experience includes contributing to and managing CEQA documents for development, infrastructure, and energy projects throughout California. She also has significant front-counter experience.
60 Good City Company | Statement of Qualifications
Kelly’s recent project responsibilities include contract planning for the City of San Carlos, serving as project manager for the Claremont Hotel EIR and the 2580 Bancroft Street EIR, and overseeing the entitlements process for the 500 Kirkham Street Project in West Oakland. She most recently managed two housing policy projects funded by the MTC to promote ADU development and innovative construction methods in the City of Oakland.

Education
• Master of City and Regional Planning, Rutgers, The State University of New Jersey • Bachelor of Arts, English, Davidson College, Cum Laude Project Experience Highlights (with previous employers) • 500 Kirkham Street Entitlement Assistance, Oakland, C A • Irvington BART Station Area Plan and EIR, Fremont, C A • BART to Livermore Extension Project EIR, Livermore, CA • 1055 Market Street IS/MND, San Francisco, CA
• 1500 15th Street Entitlement Assistance, San Francisco, CA • Fulton to Fitch Mountain Reconductoring Project IS/MND, Sonoma County , CA • TL 695 and TL 6971 Reconductor Project Project IS/MND, San Diego County and Orange County, CA
• Sycamore-Peñasquitos 230 Kilovolt Transmission Line Project EIR, San Diego County, CA 61 CHRISTOPHER DACUMOS
Senior Planner / Project Manager
Mr. Dacumos has over 12 years of experience in government and has spent the past 5 years in community development. He began his career as an aide to Congressman George Miller (retired) handling constituent services and case management. Following graduate school, Christopher pursued a career in local government working for the San Mateo County Transportation District (Samtrans, Caltrain, and the San Mateo County Transportation Authority), the Town of Hillsborough, and the City of Redwood City.
62 Good City Company | Statement of Qualifications
His local government experience includes project management, policy analysis, fund and grants programming, fee development, capital program budgeting, contracts and procurement, public works administration, staffing analysis, land negotiations and property management.

With the City of Redwood City, Christopher managed the Ferry Financial Feasibility Study and Cost-Benefit & Economic Impact Analyses. The effort involved coordination between the City, the Port of Redwood City, and the Water Emergency Transportation Authority.

Mr. Dacumos is adept at working across departments with the ability to digest complex ideas or processes and build partnerships with different functional areas. A recent example is working with the Chief Building Official to adopt Reach Codes and identifying potential impacts to the City’s efforts to promote housing construction.

Education
• Master of Public Affairs, Certificate in Urban Policy and Planning, School of Public and International Affairs, , Princeton University
• B.A., Social Welfare, Public P olicy Minor, University of California, Berkeley 63 38
Mr. Hamilton is an urban development and policy professional bringing over fifteen years of experience launching and leading initiatives and projects to advance equity, susta
inability, and shared
prosperity in communities across the U.S. and internationally. He has established multiple collaborative initiatives for the revitalization of disinvested communities across the U.S. through his work for the Lincoln Institute of Land Policy and previously as Director of Urban Policy at Columbia University’s nonpartisan policy institute, The American Assembly.

Nick Hamilton
Senior Planner
64 Good City Company | Statement of Qualifications
Architectural, urban design, and planning expertise was cultivated during his time at Davis Brody Bond. Projects there include multiple overseas diplomatic facilities for the US Department of State, Columbia University's Northwest Corner Building, and the Lenox Terrace Apartments superblock infill project.

Mr. Hamilton is active in professional and civic organizations and has spoken at myriad conferences including the American Planning Association Advocacy and Policy Conference (2019) and has participated in the Urban Land Institute’s National Advisory Services Panel in Pittsburgh (2016). He currently serves on the boards of the Consortium for Sustainable Urbanization, which fosters solutions-oriented discourse between UN Habitat and US-based architectural and development organizations and professionals, and the Berkeley Student Cooperative Alumni Association. He was included as a Next City Vanguard in 2013.

Education
• B.A., Architecture, University of California, Berkeley • M.A.,
Economic and Political Development, Urban and Social Policy, Columbia University
Memberships
• American Institute of Certified Planners
• American Planning Association
65 38
Sabina Mora joins Good City Company as a Senior Economic Development Planner. Ms. Mora has spent the last 12 years working for state, regional, and municipal agencies in communities across New York, Texas and California. Her areas of focus have been planning, economic development p
lanning, small business
assistance programs, business expansion and attraction programs, and downtown and neighborhood development strategies.

SABINA MORA
Senior Economic Development
Planner
66 Good City Company | Statement of Qualifications
She has worked as a Senior Planner for the City of Austin, Senior Economic Development Specialist for the City of Albany's (New York) Capitalize Albany – an economic development corporation, Economic Development Project Manager for the State of New York’s Empire State Development, and Economic Development Specialist for the City of Binghamton (New York).

Ms. Mora graduated from the University of Texas with a Master of Science in Community and Regional Planning and from the Lyndon B. Johnson School of Public Affairs with a Master of Public Affairs in 2010. She is an active member of the International Economic Development Council (IEDC) and a Certified Economic Developer (CEcD). She also completed a yearlong ICMA Fellowship with the International City/County Management Association. She is bilingual in English & Spanish.

Most recently, Ms. Mora joined the economic development division at the City of Mountain View where her focus has been on small business assistance as well as supporting the City’s visual arts and downtown initiatives.

Education
• B.A., History, University of Texas
• M.S., Community and Regional Planning, University of Texas • M.S., Public Affairs, Lyndon B. Johnson School of Public Affairs, University of Texas Memberships
• International Economic Development Council
• Certified Economic Developer
67 JACOB GARCIA
Assistant Planner
Jacob Garcia is an Associate Planner with Good City. A majority of his time is currently spent in the T own of Atherton, providing Associate Planner services. He provides front counter and telephone service to the public for current planning inquiries/assistance, review of design and working drawings for zoning conformance, conduct of site inspections, and review of projects and preparation and presentation of staff reports before the Planning Commission. Mr. Garcia also assists with the management of sustainability programs and attends the Environmental Programs Committee meetings. Mr. Garcia conducts wet weather construction site inspections and corresponding storm water reports. 68 Good City Company | Statement of Qualifications
Mr. Garcia has previously worked for multiple public and private land management agencies, providing natural resource planning services of public outreach, data collection, data analysis, and research. Highlights of his past work include monitoring and identifying surface water impacts for the Forest Service in Northern California, drafting watershed management and monitoring plans for the Bureau of Land Management in Southeast Utah, monitoring urban wildlife corridors in San Diego County and creating geospatial databases to inventory future mitigation efforts.

Education
• Graduate Studies, in Urban Planning with a certificate in Real Estate Development, San Jose State University
• B.S., Environmental Science T echnology & Policy, California S tate University, Monterey Bay Memberships
• American Planning Association
• SPUR
69 Sara Cadona is an Assistant Planner with Good City. She is currently placed in the City of San Carlos, where she is working on the San Carlos 2040 Housing and Environmental Safety Element Update, provides front counter services, reviews single-family homes, writes staff reports, and completes zoning verifications. She also supports the City of Atherton providing application intake and development review.

SARA CADONA
Assistant Planner
70 Good City Company | Statement of Qualifications
Ms. Cadona also recently completed a brochure looking at San Carlos development trends, created a wireless telecommunication application checklist and assisted with Municipal Code updates. In addition to her day-to-day work, Ms. Cadona has also been assigned a wide range of research projects, including subjects such as childcare, downtown parking agreements, identification of underutilized and vacant land. Prior to working with the Good City, Sara also completed projects for the San Francisco Bay Area Planning and Urban Research Association (SPUR), including organization of a large event with over 1,400 guests. Sara grew up and currently resides on the Peninsula, and has a Bachelor of Science, Community and Regional Development from the University of California, Davis.

Education
• B.S., Community and Regional Development, University of California, Davis 71 Emilio Flamenco is an Assistant Planner with Good City Company.

Currently, most of his time is spent in the City of San Carlos providing Assistant Planner services. In this role, he provides counter and telephone service, reviews architectural drawings for Zoning Ordinance and Municipal Code conformance, conducts site inspections, evaluates projects, and prepares and presents staff reports before committees and commission.

EMILIO FLAMENCO
Assistant Planner
72 Good City Company | Statement of Qualifications
Mr. Flamenco obtained his Master's in Urban Planning from Columbia University, where he wrote a thesis on land use and housing politics in the Bay Area. Prior to that, Mr. Flamenco graduated from U.C. Berkeley where he took extensive coursework in the city planning.

Mr. Flamenco is a peninsula native. He previously interned for the California State Senate, City of Brisbane, San Mateo County Transit District, and San Mateo County Board of Supervisors. In Brisbane, Mr. Flamenco researched, drafted, and presented the Planning Department's proposal to rezone the City's mobile home park from a commercial use to residential use to preserve affordable housing.

In his free time, Mr. Flamenco enjoys long-distance running, backpacking, and travelIng.

Education
• M.S., Urban Planning, Columbia University
• B.A., History, University of California, Berkeley
Memberships
• American Planning Association
• American Institute of Certified Planners
73 Ralph completed his Master’s in Urban Planning at San José State University (SJSU), where he was recognized with an American Planning Association (APA) Outstanding Planning Student Award.

While at SJSU, he worked with two professors through the Mineta Transportation Institute to advance original research on local solutions for transportation financing and issues of walkability and sustainability in the Bay Area. He also worked as a project coordinator with CommUniverCity managing the creation of a robust assessment of a historically underserved Eastside San José

RALPH ROBINSON
Assistant Planner
74 Good City Company | Statement of Qualifications
community. That project was recognized with both a 2020 San Francisco Bay Area Planning and Urban Research Association (SPUR) Impact Award and an Award of Excellence by the APA California Chapter Northern Section.

Prior to his master’s program, Ralph was Vice President of Research, Strategy & Content with ZEITGUIDE, a coaching and consultation firm targeted to chief-level executives. He has also worked as a classroom teacher, tutor and in volunteer capacities with young students.

Ralph earned his bachelor’s in Geography from the University of Richmond in Virginia. He is a Massachusetts native with a passion for affecting positive change in built environments to create places that best provide the mental, physical and social benefits that people and communities need.

Education
• M.A., Urban Planning, San Jose State University
• B.A., Geography, University of Richmond
75 JULIA HOFFMAN
Planning Technician
Julia Hoffman is a Planning Technician with Good City Company. She is currently placed in the City of San Carlos, where she provides front counter services, zoning verifications, plan reviews, business registrations and responds to public inquiries. She is also undertaking a general plan policy project.
76 Good City Company | Statement of Qualifications
Prior to her time with Good City, Julia worked at a small-scale solar company, Repower Yolo, in Davis. She submitted and tracked the issuance of solar permits, managed project timelines and scheduling, and provided customer service. While working in Davis, Ms. Hoffman was involved with Young Planners Group of the American Planning Association Sacramento Valley Section.

Ms. Hoffman studied urban planning and environmental sustainability in Northern Europe.

Education
• B.S., Environmental Policy Analysis and Planning,
University of California, Davis
77 DATE: September 19, 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: APPROPRIATING $300,000 FROM THE WASTEWATER
OPERATING FUND BALANCE (FUND 451) TO ACCOUNT NO.
451-0970-432-4251 IN FY 2021-2022 FOR WASTEWATER

TREATMENT PLANT OPERATION AND MAINTENANCE
CHARGES – FOURTH QUARTER FY 2021-2022 AND
APPROPRIATING $500,000 FROM THE WASTEWATER
OPERATING FUND BALANCE (FUND 451) TO ACCOUNT NO.
451-0970-732-4251 IN FY 2022-2023 FOR WASTEWATER

TREATMENT PLAN OPERATION AND MAINTENANCE

CHARGES

RECOMMENDATION

It is recommended that the Estero Municipal Improvement District (EMID) Board of Directors:

1. Adopt a resolution authorizing the appropriation of $300,000 from Fund 451 to Account No. 451-0970-432-4251 for the final quarterly payment for the Wastewater Treatment Plant Operation and Maintenance in Fiscal Year 2021-2022; and

2. Adopt a resolution authorizing the appropriation of $500,000 from Fund 451 to Account No. 451-0970-432-4251 for Wastewater Treatment Plant Operation and Maintenance Charges in Fiscal Year 2022-2023.
78 EXECUTIVE SUMMARY

The EMID and the City of San Mateo jointly own the Wastewater Treatment Plant and share actual operating and maintenance costs in accordance with each party’s share of the metered flow. In FY 2021-2022, the $2,900,000 budgeted amount was insufficient and an additional $300,000 is required.

Given the likelihood that the cost distribution will remain similar in FY 2022- 2023, an additional appropriation of $500,000 is recommended for the current fiscal year.

BACKGROUND

The EMID and the City of San Mateo jointly own the Wastewater Treatment Plant. The plant is operated by the City of San Mateo. Actual operating and maintenance costs associated with operating the plant are shared in accordance with each party’s share of the metered flow per the terms of the Joint Powers Agreement. Operations and maintenance costs include administration, operation, maintenance, improvement, and repair of the Jointly Owned Facilities.

For the past three years, the EMID has included $2,900,000 in the annual budget to pay for the Operations and Maintenance costs associated with the Wastewater Treatment operation. While it has fluctuated over time (ranging from $2.30M in FY 2018-2019, $2.48M in FY 2019-2020, and $2.69M in FY 2020-2021), $2,900,000 has been adequate to cover the annual cost.

ANALYSIS

In FY 2021-2022, $2,900,000 was insufficient and an additional $300,000 is required.

The additional costs can be attributed to three factors:

1. The actual overall cost of Operations and Maintenance of the Wastewater Treatment Plant facility increased by 5% from FY 2020- 2021 to FY 2021-2022.

2. The District’s percentage share of the operations and maintenance has been steadily increasing over the past four years, from 13.45% in FY 2018-2019 to 18.4% in FY 2021-2022. During this time, the City of San Mateo has been implementing elements of its Clean Water Program. A major goal of this program has been to remedy leaks, 79 water intrusion and water loss throughout the San Mateo portion of the system, which has reduced the reported and actual flows from the San Mateo system into the WWTP. As San Mateo’s flows have decreased, its relative cost distribution percentage has correspondingly decreased and EMID’s percentage has
correspondingly increased.

3. At the same time, the District’s actual flows to the Wastewater Treatment Plant increased considerably between FY 2020-2021 and FY 2021-2022. While District staff continues to monitor the flow, it is assumed that the increase is attributable to new developments coming online (such as Pilgrim Triton/Laguna Vista, the new elementary school, Gilead Well-Being Center, as well as an increase in building occupancies) during this time.

Given the state of the economy and the likelihood that the distribution of costs will remain similar in the coming fiscal year, staff is recommending that an additional $500,000 also be appropriated into the FY 2022-2023 budget for anticipated costs.

FISCAL IMPACT

There is sufficient balance in Fund 451 for the recommended appropriations of $300,000 in FY 2021-2022 and $500,000 in FY 2022-2023. Staff will review and recommend future updated budget amounts that will be built into the wastewater rates for FY 2023-2024 and beyond.

EMID BOARD VISION, MISSION, AND VALUE/PRIORITY AREA

This action is in alignment with the "Facilities and Infrastructure" Value/Priority Area as it represents the District’s investment in the wastewater treatment plant operation.

Attachments:
 Attachment 1 – EMID Resolution for FY 2021-2022
 Attachment 2 – EMID Resolution for FY 2022-2023
80 RESOLUTION NO. __________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROPRIATING $300,000 FROM FUND 451 TO ACCOUNT NO. 451-0970-432-4251 IN FY 2021-2022 FOR WASTEWATER TREATMENT PLANT OPERATION AND MAINTENANCE CHARGES – FOURTH QUARTER FY 2021-2022

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Board of Directors of the Estero Municipal Improvement District (EMID) approved a budget appropriation of $2,900,000 for operations and maintenance costs associated with the Wastewater Treatment Plant in Fiscal Year 2021-2022; and WHEREAS, EMID has observed a marked increase in operations and maintenance costs due to higher flows, higher costs and changes in the relative percentages of the two parties, such that the forecast upon which the District budget was based has been exceeded; and
WHEREAS, there is adequate balance in fund 451 for this appropriation.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby appropriate $300,000 in Fiscal Year 2021- 2022 from Fund 451 to account number 451-0970-432-4251 for operations and maintenance costs associated with the Wastewater Treatment Plant.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 19th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________

RICHA AWASTHI, PRESIDENT
ATTEST:
___________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY
81 RESOLUTION NO. __________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROPRIATING $500,000 FROM FUND 451 TO ACCOUNT NO. 451-0970-432-4251 IN FY 2022-2023 FOR WASTEWATER

TREATMENT PLANT OPERATION AND MAINTENANCE CHARGES

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Board of Directors of the Estero Municipal Improvement District (EMID) approved a budget appropriation of $2,900,000 for operations and maintenance costs associated with the Wastewater Treatment Plant in Fiscal Year 2022-2023; and WHEREAS, EMID has observed a marked increase in operations and maintenance costs due to higher flows, higher costs and changes in the relative percentages of the two parties, such that the forecast upon which the District budget was based is anticipated to be exceeded; and
WHEREAS, there is adequate balance in fund 451 for this appropriation.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby appropriate $500,000 in Fiscal Year 2022- 2023 from Fund 451 to account number 451-0970-432-4251 for operations and maintenance costs associated with the Wastewater Treatment Plant.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 19th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________________

RICHA AWASTHI, PRESIDENT
ATTEST:
___________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY
82 DATE: September 19, 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: CONSIDERATION OF THE COMPENSATION AND BENEFITS

PLAN FOR CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT MANAGEMENT EMPLOYEES
EFFECTIVE SEPTEMBER 19, 2022

RECOMMENDATION

It is recommended that the City Council/Estero Municipal Improvement District Board of Directors (hereinafter referred to as "City Council") adopt the attached resolutions approving the Compensation and Benefits Plan for the unrepresented Management Employees, effective September 19, 2022.

EXECUTIVE SUMMARY

The City Council requested staff revise the current Compensation and Benefits Plan for the unrepresented Management Employees. Based on the City Council's direction, staff is bringing forward a revised Compensation and Benefits Plan for their review that clarifies four positions as non-exempt under the Fair Labor Standards Act (FLSA). The four positions include the Deputy City Clerk, Police Records Supervisor, Human Resources Technician, and the recently approved Housing Coordinator.
83 BACKGROUND

The Management Employees group is made up of unrepresented employees of various positions including department heads, other management and professional classifications. The previous Compensation and Benefits Plan for the Management Employees was last approved on November 1, 2021.

Currently, the Human Resources Department is conducting a Classification Study and is proceeding with 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 met with the three individuals to resolve the situation.

ANALYSIS

Attached is an updated Compensation and Benefits Plan for the unrepresented Management Employees. The updated plan converts three previously FLSA exempt positions into non-exempt positions. The three positions are Deputy City Clerk, Police Records Supervisor, and Human Resources Technician.

The conversion from exempt to non-exempt will not result in any reduction in income or benefits. As reflected in the Compensation and Benefits Plan, there is a new “Hourly” table included in the plan. The hourly rates are simply conversions of the three positions' monthly salaries into an hourly rate. In the future, the non-exempt Management Employees will be entitled to earn overtime if working in excess of forty (40) hours per week. However, all overtime must be approved by a supervisor.

Along with the Deputy City Clerk, Police Records Supervisor, and Human Resources Technician, a new position has been included in the Compensation and Benefits Plan. The Housing Coordinator position was approved by the City Council on June 20, 2022. It also has been identified as 84 a non-exempt classification and included within the new Hourly Table section of the Compensation and Benefits Plan.

Revisions to the plan are based on direction from City Council and are mutually beneficial for the City/District and the covered employees. It ensures FLSA compliance while maintaining service. Upon the City Council's review and approval, staff will implement the provisions of the Compensation and Benefits Plan.

FISCAL IMPACT

This change is administrative and meant for clarification purposes only. Therefore, there is no fiscal impact with this update.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This action supports the City Council's mission to deliver equitable services that are customer-focused and promote a vibrant economy. These actions also support the "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 to our community.

Attachments:
 Attachment 1 - City Resolution
 Attachment 2 - EMID Resolution
 Attachment 3 - Management Compensation and Benefits Plan 85 RESOLUTION NO. _____________

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

APPROVING THE COMPENSATION AND BENEFITS PLAN FOR CITY OF FOSTER CITY MANAGEMENT EMPLOYEES, EFFECTIVE SEPTEMBER 19, 2022

CITY OF FOSTER CITY
WHEREAS, the City Council has directed staff to update the Compensation and Benefits Plan for City of Foster City Management Employees, and WHEREAS, the Human Resources Director under guidance of the City Manager has reviewed and updated the Compensation and Benefits Plan based on the direction given by the City Council; and
WHEREAS, the City Council wishes to adopt the new Compensation and Benefit Plan to continue with recruitment and retention of City staff.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the revised Compensation and Benefit Plan for City of Foster City Management Employees, effective September 19, 2022, attached as Appendix A.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 19 th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
86 RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING THE COMPENSATION AND BENEFITS

PLAN FOR THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT MANAGEMENT EMPLOYEES, EFFECTIVE SEPTEMBER 19, 2022

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Board of Directors has directed staff to update the Compensation and Benefits Plan for Estero Municipal Improvement District Management Employees, and
WHEREAS, the Human Resources Director under the guidance of the District Manager has reviewed and updated the Compensation and Benefits Plan based on the direction given by the Board of Directors; and
WHEREAS, the Board of Directors wishes to adopt the new Compensation and Benefits Plan to continue with the recruitment and retention of District staff.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby approve the revised Compensation and Benefits Plan for Estero Municipal Improvement District Management Employees, effective September 19, 2022, attached as Appendix A.
87 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 19 th day of September 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
88 Appendix A

COMPENSATION AND BENEFITS PLAN
FOR

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

MANAGEMENT EMPLOYEES
Effective September 19, 2022
89 1

TABLE OF CONTENTS
ARTICLE I WAGES AND BENEFITS..............................................................................2 Section 1 - Wages.........................................................................................................2 Section 2 - Retirement ..................................................................................................2 Section 3 - Probationary Period and Merit Increases ...................................................4 Section 4 - Public Safety Management Special Pay and Allowance ............................4 Section 5 - City Provided Vehicles and Vehicle Allowances.........................................5 Section 6 - Sick Leave Payment ...................................................................................5 Section 7 - Flexible Benefits Plan .................................................................................6 Section 8 - Long Term Disability ...................................................................................7 Section 9 - Life Insurance .............................................................................................7 Section 10 – VEBA (Voluntary Employee Beneficiary Association) Program...............7 Section 11 - Deferred Compensation Plan ...................................................................9 Section 12 – 401(a)(h) Plan ..........................................................................................9 Section 13 - Pay for Temporary Assignment ..............................................................10 Section 14 - Vision Care/Professional Development/Fitness Club (Gym) Memberships..... 10 Section 15 – Longevity Recognition Plan ...................................................................10 ARTICLE II HOLIDAYS..................................................................................................13 Section 1 - Official City/District Holidays.....................................................................13 Section 2 – Holiday In-Lieu Pay..................................................................................14 ARTICLE III VACATION AND OTHER LEAVES...........................................................14 Section 1 - Vacation Accrual & Use ............................................................................14 Section 2 - Administrative Leave.................................................................................16 Section 3 – Recognition Leaves .................................................................................16 Section 5 - Sick Leave Accrual & Use.........................................................................17 Section 6 - Industrial Disability Leave .........................................................................18 Section 7 - Educational Release Time........................................................................18 EFFECTIVE DATE.........................................................................................................18 ATTACHMENT A – FY 2020 – 2021 Pay Plan for Management Classifications………....19 90 2

COMPENSATION AND BENEFITS PLAN
FOR

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

MANAGEMENT EMPLOYEES
(Unrepresented)
The City of Foster City/Estero Municipal Improvement District (hereinafter called "City/District") provides the following wages, hours, and other terms and conditions of employment to its Management Group (hereinafter called “Management Group,” “Management Employees”, or “Employees”) as described in this Compensation and Benefits Plan (hereinafter called the “Plan”).

ARTICLE I

WAGES AND BENEFITS
Section 1 - Wages

1.1 Effective July 1, 2021, wages for the Management group classifications and the monthly pay ranges and steps shall be as established in Attachment A. The wages listed in Attachment A reflect an increase by an amount equal to four percent (4.0%) of the Fiscal Year 2019 / 2020 Pay Plan.

1.2 Effective July 1, 2022, an across-the-board increase to base salary for all management classifications of a percentage movement of the SF-Bay Area CPI-U April 2021 to April 2022 (Urban) with a minimum of three percent (3.0%) and a maximum of five percent (5.0%)

1.3 COVID Recognition Bonus - Effective the pay period after the City Council ratifies the terms in this Compensation and Benefits Plan, a one-time COVID Recognition Bonus of Two Thousand Dollars ($2,000) for all employees who are employed by the City upon ratification of this agreement by the City Council.

Section 2 - Retirement

2.1 The City/District contracted with the Public Employees Retirement System (P.E.R.S.) to provide the 2.7% @ 55 retirement plan for miscellaneous Employees effective October 1, 2007. Effective January 1, 2013, the City/District no longer offered the 2.7% @ 55 retirement benefit formula to new Employees. All miscellaneous Employees hired on or before December 31, 2012, will continue to be afforded the 2.7% @ 55 retirement benefit formula. Effective January 1, 2013, the Public Employees Pension Reform Act (PEPRA) requires new miscellaneous Employees to enroll in the 2% @ 62 retirement tier with pension calculated based on the average highest annual compensation over a consecutive 36-month period.

This new retirement tier applies only to a new member. A new member is (a) someone who has never been in P.E.R.S. or a reciprocal retirement system or (b) someone previously in P.E.R.S. or a reciprocal retirement system, but who has a gap of at least six (6) months since being covered by any of those pension 91 3
systems. P.E.R.S. refers to employees hired before January 1, 2013 as classic members.

Miscellaneous Employees Hire Date
Retirement
Benefit Formula
On or before 12/31/2012 2.7% @ 55
"Classic Member" on or after 1/1/2013 2.7% @ 55
"New Member" on or after 1/1/2013 2.0% @ 62

2.2 Miscellaneous and public safety Management Employees P.E.R.S. contributions shall be administered in accordance with Internal Revenue Code Section 414(h)(2).

2.3 The City/District shall contract with P.E.R.S. to provide the 4th Level of 1959 Survivor Benefits.

2.4 The City/District contracted with P.E.R.S. to provide the enhanced Public Safety retirement benefit formula 3% @ 50 (Section 21362.2) effective June 30, 2001 for Fire Safety Managers. All Fire Safety Managers hired on or before December 31, 2011 will continue to be afforded the 3% @ 50 retirement benefit formula.

Effective January 1, 2012, the City/District no longer offered the 3% @ 50 benefit formula to new Fire Safety Managers. All Fire Safety Managers hired on or after January 1, 2012 were afforded a 2% @ 50 retirement benefit formula. Effective January 1, 2013, PEPRA requires new Fire Safety Managers to enroll in a 2.7% @ 57 retirement tier with pension calculated based on the average highest annual compensation over a consecutive 36-month period. This new retirement tier applies only to a new member as defined in Section 2.1 above.

2.5 The City/District contracted with P.E.R.S. to provide the enhanced Public Safety retirement benefit formula 3% @ 50 (Section 21362.2) effective July 1, 2002 for Police Safety Managers. All Police Safety Managers hired on or before December 31, 2011 will continue to be afforded the 3% @ 50 retirement benefit formula.

Effective January 1, 2012, the City/District no longer offered the 3% @ 50 benefit formula to new Police Safety Managers. All Police Safety Managers hired on or after January 1, 2012 were afforded a 2% @ 50 retirement benefit formula.

Effective January 1, 2013, PEPRA requires new Police Safety Managers to enroll in a 2.7% @ 57 retirement tier with pension calculated based on the average highest annual compensation over a consecutive 36-month period. This new retirement tier applies only to a new member as defined in Section 2.1 above.

Public Safety Managers Hire Date
Retirement Benefit
Formula
On or before 12/31/2011 3.0% @ 50
On or after 1/1/2012 and before 1/1/2013 2.0% @ 50
"Classic Member" on or after 1/1/2013 2.0% @ 50
"New Member" on or after 1/1/2013 2.7% @ 57

2.6 The City/District shall continue to contract with P.E.R.S. to provide the Military Service Credit.
92 4

2.7 Effective April 1, 2022, the parties agree that Classic employees designated by CalPERS as Misc Employees and Public Safety Members will pay/contribute 0.5% toward the Employer’s PERS contribution rate.

Section 3 - Probationary Period and Merit Increases

3.1 Probationary Period - The initial probationary period for new Employees shall be for a period of not less than twelve (12) months of actual service, unless an Employee has already served a twelve (12) month probationary period in another class in this Employee unit. In such case, the probationary period shall be for a period of not less than six (6) months of actual service. Further provisions regarding probationary periods are found in the City/District Personnel Rules and Regulations (hereinafter called “City/District Personnel Rules”).

3.2 Merit Increases - Upon the satisfactory completion of six (6) months of the required probationary period, a merit increase to the next higher step in the salary range shall be granted to eligible Employees. Each twelve (12) months thereafter upon the anniversary of such first merit increase, and until the maximum pay range established for their job class has been reached, each Employee receiving a satisfactory performance evaluation shall receive a merit increase to the next higher step. Provided, however, that the Employee shall not receive annual merit increases beyond the maximum step of the salary range for the established job class.

Section 4 - Public Safety Management Special Pay and Allowance

4.1 Uniform Allowance - The City/District shall provide an annual uniform purchase and maintenance allowance of $722 for each Public Safety Management Employee required to purchase and maintain a uniform. The City/District shall pay the uniform allowance in twenty four (24) equal installments of thirty dollars and eight cents ($30.08) to eligible employees each payroll period.

4.2 Continuing Uniform Allowance - The City/District shall provide a continuing uniform allowance to each Public Safety Management Employee who is required to wear a uniform in the sum of $722. Employees who terminate City/District employment for any reason shall be entitled only to compensation at the rate of $60.16 for each month of service in the fiscal year and shall reimburse the City/District a prorated amount of $60.16 for each month of service not completed by deduction from the final paycheck of the Employee. The City/District shall pay the continuing uniform allowance in twenty four (24) equal installments of thirty dollars and eight cents ($30.08) to eligible employees each payroll period.

4.3 Legal Defense Insurance - The City/District will provide annual legal defense coverage through the California Police Officers Association (CPOA) on a reimbursable basis. The cost of reimbursement for such coverage shall not exceed $250 per year.
93 5
Section 5 - City Provided Vehicles and Vehicle Allowances

5.1 Employees in Executive Management classifications shall be provided either a City vehicle or a vehicle allowance of $200 per month, as determined to be appropriate by the City/District Manager. Certain Employees in other Management classifications whose duties include response to emergencies outside the regular work day may also be assigned City vehicles or granted vehicle allowances at the discretion of the City/District Manager.

5.2 Employees using a City vehicle must sign a "Vehicle Use Declaration & Acknowledgement Form."
Section 6 - Sick Leave Payment

6.1 Non 401(a)(h) Participants - Employees hired prior to 1/1/97 who did not elect to participate in the 401(a)(h) Plan who terminate their employment in good standing shall receive compensation for the prescribed value of unused sick leave in accordance with the following schedule:

Sick Leave
Balance at Termination
% of Prescribed Value
of
Sick Leave Paid at
Termination
0 to 399 hours 25%
400 to 799 hours 30%
800 to 1,199 hours 40%
1,200 or more hours 50%
All Other Employees

6.2 All Employees other than those specified in Section 6.1 who terminate their employment in good standing shall receive compensation for the prescribed value of unused sick leave at a rate of 25% of the prescribed value of unused sick leave upon termination.

6.3 Calculation of Unused Sick Leave Balance Values - The prescribed value of unused sick leave shall be calculated as follows:
a) Determine number of sick leave hours accrued upon separation. b) Calculate value of sick leave by multiplying the hours accrued at the Employee’s pay rate at separation.
c) Select the appropriate percentage as described in section 6.1 or 6.2 as applicable and apply to the total dollar value as calculated above to determine the sick leave payment.

6.4 The rate of pay to be used for calculating the payment for sick leave shall be the rate of pay established in the City/District Personnel Rules. 94 6

6.5 When termination is caused by the death of the Employee, said pay for unused sick leave will be paid to the beneficiary the Employee has designated. In the event an Employee has not designated a beneficiary, the payment shall be made to the estate of the Employee.

Section 7 - Flexible Benefits Plan

7.1 The City/District shall offer a Flexible Benefits Plan and make monthly contributions as an Employee benefits allowance for allocation to a health plan, dental plan, optional vision plan, health and/or dependent care flexible spending account, as follows:

Employee and Family
Members enrolled in Medical
Plan Choice:

Monthly
Amount
Effective
1/1/2021
No Plan $1038
Employee Only $1263
Employee + One $1636
Employee + Two or more $2041
Employee and Family
Members enrolled in Medical
Plan Choice:

Monthly
Amount
Effective
1/1/2022
No Plan $1168
Employee Only $1421
Employee + One $1841
Employee + Two or more $2296
Effective January 1, 2023, the Employer’s contribution toward the Flexible Benefit Plan will be increased by the percentage increase in the CalPERS Kaiser Basic Premium Region 1 Rate.

7.2 Employees who have any leftover flexible benefit allowance available after deducting all selected plan premium amounts will receive the funds as wages subject to applicable tax withholdings.

7.3 Flexible Benefit Plan participants shall assume the third-party administration costs of the plan. A plan participant is defined as any person for whom the third-party administrator charges a fee.

7.4 The City/District shall contribute the minimum amount required under the P.E.R.S.

Health Care Plan (PEMCHA) for active and retired Employees' medical insurance premiums.

7.5 Employees who opt out of health plan coverage through the City/District must annually provide proof of insurance through a spouse, parent or state-registered 95 7
domestic partner in order to be eligible for the “no plan” contribution amount in Section 7.1
Section 8 - Long Term Disability

8.1 The City/District shall pay the full amount to provide Long Term Disability (LTD) insurance for Management Employees.

Section 9 - Life Insurance

9.1 The City/District shall contribute the full amount to provide a term life insurance policy equal to the Employee's annual salary with a minimum coverage of $50,000 and a maximum coverage of $150,000, plus the same amount of Accidental Death and Dismemberment insurance for each Employee.

Section 10 – VEBA (Voluntary Employee Beneficiary Association) Program

10.1 The purpose of the VEBA (Voluntary Employee Beneficiary Account) Trust is to provide Employees with the ability to plan for future as well as current health care expenses. Expenses such as long term care, unreimbursed medical premiums, copayments and pharmacy charges are all eligible expenses under a VEBA Trust arrangement. Employees will realize a significant benefit since eligible contributions to a VEBA Trust are tax exempt and the reimbursed expenses from the VEBA Trust are also tax exempt.

10.2 Eligibility Defined. Effective July 1, 2012, all eligible employees, who are members of the Management Group, may participate in the VEBA Trust. An eligible employee is an employee who is a member of the Management Group. Beginning July 1, 2012, all eligible employees had fifteen (15) days to “opt-in” or “opt-out” of the VEBA Trust. Elections to “opt-in” or “opt-out were irrevocable for the duration of the employee’s tenure within the Management Group. Participation is subject to and governed by all IRS requirements applicable to the VEBA Trust.

Management Group Employees who elected to “opt-in” will make uniform monthly contributions and contributions upon separation as outlined below.

Employee Contributions. Participation in the VEBA Trust by an Employee who elects to “opt-in” requires a payroll deduction each pay period to fund the Employee’s account. The Management Group determined that contributions to the VEBA Trust are based on years of service in PERS or a reciprocal retirement plan and the contributions effective as of July 1, 2012 shall remain in effect for the duration of this Plan as follows:

Years of Service Contribution Amount Per Pay Period
0 to 5 $50.00
6 to 10 $100.00
11 to 15 $100.00
16 to 20 $150.00
21 to 25 $175.00
Over 25 years $225.00
96 8
Contributions made by an eligible Employee must be made through payroll deductions. Eligible Employees cannot make direct contributions to the VEBA Trust. Once separated from the City/District, the Employee can no longer make contributions to the VEBA Trust.

Leave Payout
Sick Leave – as of July 1, 2012, upon retirement/separation of employment, 100% of the Employee’s sick leave balance payout (25% of the total dollar value per Section 6 of the Plan) shall be contributed into the Employee’s VEBA account.

Safety Management Employees are entitled to convert their unused sick leave balance to service credit with P.E.R.S. at the time of retirement. After this election, 100% of the Employee’s available sick leave balance payout (25% of the remaining balance) will be contributed to their VEBA account.

Vacation Leave – as of July 1, 2012, upon retirement/separation of employment, the Management Group determined the following vacation leave payouts will be contributed to the Employee’s VEBA account:

Years of Service Contribution Amount
0 to 5 50%
6 to 10 75%
11 to 15 75%
16 to 20 75%
21 to 25 100%
Over 25 years 100%
If an Employee elects to sell back any accrued vacation leave and/or contribute any accrued vacation leave to his/her 457 Plan account pursuant to Article III, Section 1.7, the VEBA vacation leave payout will be calculated by applying the contribution amount percentage shown in the table immediately above to the remaining balance of the Employee’s accrued vacation leave after the sell back and/or 457 Plan account contribution
Longevity Pay
100% of the longevity pay for those Public Safety Management Employees who participate in the VEBA Trust shall be contributed to their VEBA account.

Administrative Leave
100% of the balance shall be contributed into the Employee’s VEBA account.

New Employees or Newly Eligible Employees
Employees, whether new to the City/District or to the Management Group, who become eligible to participate in the VEBA Trust after July 1, 2012 will have fifteen (15) calendar days from the date of eligibility to elect whether they would like to “opt-in” or “opt-out” of the VEBA Trust. If a newly eligible Employee elects to “opt- in,” payroll deductions will begin in accordance with the Employee contribution amounts in this Plan. If a newly eligible Employee fails to make an election within 97 9
fifteen (15) days from the date of plan eligibility, it will be deemed that the newly eligible Employee has elected to “opt-out.”
Participant Account
A separate account is maintained for each contributing eligible Employee which documents the Employee’s contributions and disbursements. Contributions to a VEBA Trust, as well as any disbursements to cover non-reimbursed post-tax medical care expenses, are both tax-free. Eligible benefits subject to reimbursement by the VEBA Trust shall be limited to long-term care expenses and non-reimbursed medical premiums, co-payments, prescribed drug expenses and other medical care costs as defined by internal Revenue Code Section 213.

An eligible Employee’s VEBA account is subject to a monthly administrative fee for expenses related to recordkeeping, claims processing and claims reimbursement. The fee will be deducted from the eligible Employee’s individual account.

If the Internal Revenue Service (IRS) concludes that the VEBA Trust does not qualify under the requirements of the Tax Code or no longer qualifies after initial qualification, the City/District shall meet with the Management Employees and discuss options to bring the VEBA Trust into compliance or to discontinue the VEBA Trust.

The Management Group may discuss with the City Manager and, if approved by a majority of the Management Group, implement a retirement health savings program. Participation in a retirement health savings program would be mandatory for all Management Group members with contributions determined by the Management Group per side letter in accordance with current law.

Section 11 - Deferred Compensation Plan

11.1 The City/District shall offer a voluntary deferred compensation plan available to all Management Employees in accordance with Internal Revenue Code section 457.

Information about the 457 Plan options is available on the City/District’s intranet.

The plan year for Employee contributions to the 457 Plan is the calendar year, January 1 to December 31. The maximum voluntary contribution to any Employee’s account shall be that amount established by law.

Section 12 – 401(a)(h) Plan

12.1 Effective July 1, 2002, the 401(a)(h) plan was discontinued and when it was discontinued, “side car” contributions could no longer be made to the 401(a)(h).

The “side car” program continued and “side car” sick leave reserve balances could only be used as sick leave. Effective July 1, 2013, any remaining “side car” sick leave reserve balances were paid out as specified in Section 6 to Employees with remaining balances. The City/District contributed the “side car” funds directly into the Employees’ VEBA account, and the “side car” program no longer exists.

12.2 All Management Employees may participate in a voluntary 401(a) plan. Only 98 10
Miscellaneous (non-Public Safety) Management Employees who elect to participate and who contribute a minimum of 1% of salary shall receive a City/District contribution to their account of 4% of salary.

The maximum voluntary contribution to any Employee’s account shall be that amount established by law.

Section 13 - Pay for Temporary Assignment

13.1 An Employee appointed to a higher paid classification on an acting basis shall be paid at the first step of the higher pay range or at the step which is not less than 5% more than his/her current pay, provided the duration of the assignment is for five (5) days or more for purposes other than vacation relief and the duties of the higher paid class are performed.

Section 14 - Vision Care/Professional Development/Fitness Club (Gym) Memberships The City/District will reimburse, upon presentation of the proper documentation as outlined below, up to $200 per fiscal year (July 1 through June 30 of the following year) for the following items:

14.1 Vision Care: appropriate receipts from a qualified optometrist and/or optician towards the cost of an Employee's eye examination, prescription eyeglasses and/or contact lenses.

14.2 Professional Development: appropriate receipts for professional development expenses which may include the following: the cost of certificate programs, seminars, workshops, conferences; professional, civic, or community organizations; management-related books, tapes, or training programs.

Reimbursement for such expenses must be approved in advance by the City/District Manager. These expenses must be career/job related, and not provided through any other budgetary means such as the City-wide training fund or departmental travel/meeting funds.

14.3 Fitness Club (Gym) Membership: appropriate receipts for fitness club (gym) membership expenses including membership fees and monthly dues, class fees or any other fees paid to the fitness club (gym) or any other provider.

Reimbursement of any fitness club (gym) expense under this Section 15.3 is subject to Federal, State and Medicare taxes in accordance with IRS regulations.

Section 15 – Longevity Recognition Plan

15.1 The City/District provided a Longevity Recognition Plan in recognition of an Employee’s length of service with the City/District and that the City/District does not otherwise provide retiree medical benefits prior to October 1, 2007.

15.2 Employees who retired from the City/District as defined by P.E.R.S., whether for a normal retirement or an industrial disability retirement prior to October 1, 2007, receive a monthly benefits payment as outlined in the table below starting at the beginning of the first calendar month following retirement:
99 11
Years of Service Upon Retirement Monthly Benefit
Day 1, Year 10 through Year 14 $125
Day 1, Year 15 through Year 19 $200
Day 1, Year 20 through Year 24 $275
Day 1, Year 25 and thereafter $350

15.3 The monthly benefit as described in Section 16.2 is payable to the Employee up until the Employee’s death. Benefits shall cease on the first day of the calendar month following the Employee’s death.

15.4 Prior to implementation of the Longevity Recognition Plan, the City/District determined a third party administrator was not necessary to establish and administer the plan. If the City/District makes a determination to the contrary in the future, such decision will be discussed with Employees prior to implementation. If a third-party administrator is used, any recurring administrative fees associated with administering the plan shall be paid by the participating employees. The City/District shall also strive to implement the Longevity Recognition Plan in accordance with Internal Revenue Code statutes and in a manner that minimizes the tax liability of the Employee to the extent possible.

15.5 Effective October 1, 2007, upon implementation of the enhanced 2.7% @ 55 retirement formula for Miscellaneous Management Employees per Section 2.1, the Longevity Recognition Plan no longer applied to the Miscellaneous Management Employees except for Employees who retired prior to October 1, 2007. Future retirees forfeited any previously agreed to benefit under this provision which terminated one day prior to the implementation of the enhanced retirement formula.

15.6 On July 1, 2006, the City/District implemented a Longevity Recognition Plan for Fire Safety Managers.
a. Fire Safety Managers hired on or before December 31, 2011 and who retire from the City/District as defined by P.E.R.S. whether for a normal retirement or an industrial disability retirement, shall receive a monthly benefit payment starting at the beginning of the first calendar month following retirement based upon the Employee’s length of service as follows:

Years of Service Upon Retirement Monthly Benefit Amount Day 1, Year 10 through Year 14 $125
Day 1, Year 15 through Year 19 $200
Day 1, Year 20 through Year 24 $275
Day 1, Year 25 and thereafter $350
b. Fire Safety Managers with 25 years and one day of service or more may receive the longevity recognition pay, so long as the following conditions are met:
100
12 i. They separate with the City/District in good standing; and ii. They retire with P.E.R.S. within five (5) years of separation.

Fire Safety Managers separating under this subsection (b) are not eligible to receive the longevity recognition pay until after the Employee retires with P.E.R.S. To receive payment, the Employee must apply to the City/District for the benefit and show proof of retirement with P.E.R.S. Payments will commence on the same schedule and will not include any retroactive payments, either for time since separation or for time since the Employee retired with P.E.R.S.
c. Before separation of employment, the Employee must make an irrevocable election for one of the following options for the proportion of his/her longevity pay to be contributed to the VEBA account:
0% 25% 50% 75% 100%
If the Employee fails to make an election before the Employee’s last day of employment, the entire amount of the longevity pay will be contributed into the VEBA.
d. The monthly benefit as described in Section 16.6(a) is payable to the Employee up until the Employee’s death. Benefits shall cease on the first day of the calendar month following the Employee’s death.
e. Fire Safety Managers hired on or after January 1, 2012 will not be eligible for the Longevity Recognition Plan.

15.7 On January 1, 2002, the City/District implemented a Longevity Recognition Plan for the Police Safety Managers. This plan was implemented in recognition of an employee’s length of service with the City/District and that the City/District does not otherwise provide retiree medical benefits. Effective January 1, 2012, this plan was eliminated for all newly hired Police Safety Managers. a. Police Safety Managers hired on or before December 31, 2011, who file for a P.E.R.S. retirement while employed with the City/District, whether for a normal retirement or an industrial disability retirement, shall receive a monthly benefit payment starting at the beginning of the first calendar month following retirement to be contributed, in whole or in part, at the discretion of the Employee, into the Employee’s VEBA account. The amount of entire benefit is dependent upon the Employee’s length of service, as follows:
101
13 Years of Service Upon Retirement % of
Maximum
Benefit
Monthly
Benefit
Amount
Day 1, Year 10 through Year 14 40% $140
Day 1, Year 15 through Year 19 60% $210
Day 1, Year 20 through Year 24 80% $275
Day 1, Year 25 and thereafter 100% $345
b. Police Safety Managers hired on or before December 31, 2011, before separation of employment, must opt for one of the following options for the proportion of his/her longevity pay to be contributed to the VEBA account:
0% 25% 50% 75% 100%
If the Employee fails to make an election before the Employee’s last day of employment, the entire amount of the longevity pay will be contributed into the VEBA.
c. The monthly benefit as described in Section 15.7(a) is payable to the Police Safety Manager up until the Employee’s death. Benefits shall cease on the first day of the calendar month following the Employee’s death. d. Police Safety Managers hired on or after January 1, 2012 will not be eligible for the Longevity Recognition Plan.

ARTICLE II

HOLIDAYS
Section 1 - Official City/District Holidays

1.1 The following holidays are observed by the City/District:

New Year's Day, January 1
Martin Luther King, Jr. Day, January 15 or its legal substitute (third Monday in January)
President’s Day, February 22 or its legal substitute (third Monday in February) Memorial Day, May 31 or its legal substitute (last Monday in May) Independence Day, July 4
Labor Day, first Monday in September
Veteran's Day, November 11
Thanksgiving Day, fourth Thursday in November
Day after Thanksgiving, fourth Friday in November
Christmas Eve, December 24
Christmas Day, December 25
New Years’ Eve, December 31
102
14 When any day recognized as a holiday falls on a Sunday, the holiday shall be observed on the following Monday. When any day recognized as a holiday falls on a Saturday, the holiday shall be observed on the preceding Friday.

With regard to the holidays on Christmas Eve (December 24) and New Years’ Eve (December 31) should either date fall on a Saturday or Sunday, the preceding Friday shall be observed. In the case where Christmas Day and/or New Years’ Day are observed on Friday, the corresponding Eve holiday shall be observed on Thursday.

Section 2 – Holiday In-Lieu Pay

2.1 Police Lieutenants shall receive holiday in-lieu pay in the amount of 5.4% of their base pay in-lieu of twelve (12) City/District recognized holidays. Police Lieutenants wishing to take a holiday off will need to use other available leaves.

ARTICLE III

VACATION AND OTHER LEAVES
Section 1 - Vacation Accrual & Use

1.1 Employees eligible for vacation shall accrue vacation leave in accordance with the schedules in Sections 1.2, 1.3 and 1.4.

1.2 Vacation Accrual for Executive Management shall be as follows:

Years of Service Hours per Pay
Period
Maximum Hours Days per Year
1 through 5 5.00 360 15 working days
Day 1, Year 6 5.33 384 16 working days
Day 1, Year 7 5.67 408 17 working days
Day 1, Year 8 6.00 432 18 working days
Day 1, Year 9 6.33 456 19 working days
Day 1, Year 10 6.67 480 20 working days
Day 1, Year 11 to 15 7.00 504 21 working days
Day 1, Year 16 and
thereafter

7.67 552 23 working days

1.3 Vacation Accrual for Other Management Employees
Years of Service Hours per Pay
Period
Maximum Hours Days per Year
1 through 3 3.67 264 11 working days
Day 1, Year 4 4.00 288 12 working days
Day 1, Year 5 5.00 360 15 working days
Day 1, Year 6 5.33 384 16 working days
Day 1, Year 7 5.67 408 17 working days
Day 1, Year 8 6.00 432 18 working days
Day 1, Year 9 6.33 456 19 working days
103
15 Day 1, Year 10 6.67 480 20 working days
Day 1, Year 11 to
15 7.00 504 21 working days
Day 1, Year 16
and thereafter

7.67 552 23 working days

1.4 Employees shall accrue vacation leave only as it is earned. New Employees shall not be eligible to use any vacation leave, however, until after completion of their initial six months of employment.

1.5 The City/District Manager may grant a new Management Employee a starting accrual rate of 15 days up to 5 years of service at which time normal accrual shall begin. This does not apply to promotional Employees.

1.6 Employees shall not accumulate more than the equivalent of three annual vacation accruals. An Employee who accumulates vacation in excess of three annual vacation accruals shall not accrue additional hours until the balance is below the maximum amount pursuant to this section. Employees may cash out up to a maximum of one hundred sixty (160) hours of accrued vacation leave once per calendar year in December. An Employee is eligible for this cash out option only if he/she has used at least forty eight (48) hours of vacation leave in the previous twelve (12) month period, retains a minimum accrued vacation leave balance of eighty (80) hours after the requested cash out, and filed a vacation cash out request form with Human Resources no later than December 20th of the prior year.

Payroll records will be used to determine whether or not an Employee has taken the required forty eight (48) hours of vacation leave. If an Employee has used twenty four (24) hours of vacation leave in the previous six (6) month period,, the Employee is eligible to cash out up to eighty (80) hours of accrued vacation leave once per calendar year in December., An employee is eligible for this cash out option only if he/she retains a minimum accrued vacation leave balance of eighty (80) hours after the requested cash out and filed a vacation cash out request form with Human Resources no later than December 20 th of the prior year. Payroll records will be used to determine whether or not an Employee has taken the required twenty four (24) hours of vacation leave.

1.7 Vacation use may be deferred by the written approval of the City/District Manager when in the best interests of City/District government and the Employee.

1.8 It is the responsibility of the Employee to review the vacation accrual balance printed on his/her paycheck stub to ensure that he/she uses his/her vacation within three accrual years unless deferment is requested and obtained from the City/District Manager as provided.

1.9 Employees may use accrued vacation in one (1) hour increments, subject to Department Head (or City/District Manager in the case of Department Heads) approval.
104
16 1.10 Additional guidelines that clarify the use and administration of this provision may be found in the City/District Personnel Rules.

1.11 At least thirty (30) days prior to separation, Management Employees may elect to (a) sell back up to a maximum of 200 hours of accrued vacation leave or (b) contribute up to a maximum of 200 hours of accrued vacation leave to their 457 Plan account within applicable IRS limits. A total of 200 hours of accrued vacation leave is available for sell back, 457 Plan contribution or a combination thereof. The number of hours to be sold or contributed must be accrued at the time of sell back or contribution, and if the Employee elects to sell back any accrued vacation leave hours, the Employee shall receive a check for the hours sold prior to separation of employment. If an Employee elects vacation sell back and/or 457 Plan contribution and participates in VEBA, the VEBA contribution vacation leave payout in Article I, Section 10.2 will be calculated by applying the contribution amount percentage in the vacation leave table in Article I, Section 10.2 to the remaining balance of the Employee’s accrued vacation leave after the sell back or 457 Plan contribution.

Section 2 - Administrative Leave

2.1 Employees shall be credited with fifty-six (56) hours of administrative leave annually. Administrative leave will be credited on December 1 and shall not be carried over past November 30 of the following year. Employees may receive pay in lieu of time off for up to fifty-six (56) hours of unused administrative leave as of November 30, to be paid in December.

2.2 Administrative leave shall be prorated at the rate of 4.66 hours per month and may be used in advance subject to deduction from final paycheck should the Employee not complete the full year (12/1 - 11/30). Upon appointment, new Employees shall receive this leave on the same prorated basis.

2.3 Administrative leave shall be taken at the discretion of the Employee contingent upon approval by the City/District Manager for Executive Management and by the Department Head for all other Management Employees.

Section 3 – Recognition Leaves
Performance Component

3.1 Employees are eligible to receive a maximum of five (5) days of paid leave per fiscal year in recognition of exemplary performance.

3.2 Leave may be granted in any increment between one (1) day and five (5) days to individuals or to work teams for such reasons as a single outstanding achievement, consistently above standard job performance, or other extraordinary efforts on behalf of the City/District, as recommended by the Department Head and approved by the City/District Manager.

3.3 This leave must be taken as paid time off in the fiscal year in which it is granted.

This leave has no cash value and is not compensable upon termination of employment with the City/District.
105
17 Service Component

3.4 Employees who subsequently complete 10, 20 and 30 years of service with the City/District shall receive 40 hours of paid leave on their 10th, 20th and 30th anniversary of employment with the City/District on their anniversary date.

3.5 This leave must be taken as paid time off within one year of the date it is granted.

This leave has no cash value and is not compensable upon termination of employment with the City/District.

Section 4 - Funeral/Bereavement Leave

4.1 Regular and probationary Employees shall be entitled to up to three (3) working days of funeral/bereavement leave for each occurrence of death of an immediate family member. Requests for funeral/bereavement leave of up to three (3) working days and for any additional time beyond the standard leave of three (3) working days must be approved by the Department Head and the City/District Manager.

Immediate family shall mean spouse (including state-registered domestic partners), children of either spouse, either parent, brother or sister, Employee's grandparents, grandchildren, father-in-law, mother-in-law, brother-in-law or sister- in-law. Other relatives and significant persons may be included with the approval of the City/District Manager. This leave shall not be accumulated and is in addition to sick leave and vacation benefits.

4.2 Employees may be entitled to additional leave upon request, pursuant to Federal and State Family Leave laws.

Section 5 - Sick Leave Accrual & Use

5.1 Management Group Employees shall accrue sick leave at a rate of five and two thirds (5.666) hours per calendar month for each month that the Employee has worked regularly scheduled hours. There shall be no maximum accumulation of sick leave.

5.2 Employees may utilize unused sick leave to care for members of the immediate family and/or household members who have suffered an illness or injury in accordance with State law.

Family sick leave may be taken and if taken, shall be charged to sick leave or, with the concurrence of the Department Head, to vacation or administrative leave where the presence of the employee elsewhere is essential because of illness, or disability of immediate members of his/her family. Immediate family member means parent, child, spouse, registered domestic partner, parent-in-law, sibling, grandparent or grandchild. No more than half of the Employee’s annual accrual may be granted for family sick leave in any one calendar year. Any additional absences due to family illness or for other family members shall be charged to discretionary leave balances (e.g., vacation, compensatory time off, etc.).

5.3 Employees may be entitled to request additional leave pursuant to Federal and State Family Leave laws.
106
18 5.4 The patterns of use, frequency of occurrence, total hours used, and hours available compared to hours accrued for each Employee will be periodically reviewed by the Department Head. Department standards will be communicated and applied to evaluate the individual use of this benefit. An improvement plan may be developed and implemented by the Department Head, considering factors such as Employee circumstances, the operational impact of unscheduled absences, the obligation to provide consistency within the department, and the responsibility of managers to set a good example for other employees of the City/District.

5.5 Employees covered by this Plan are eligible to participate in a catastrophic leave donation program in accordance with the City/District’s Catastrophic Leave Donation Policy.

Section 6 - Industrial Disability Leave

6.1 The City/District will provide full pay for the initial three (3) months to non-Public Safety Employees who suffer industrial disabilities and are on authorized disability leave. During this period, the Employee will accrue benefits and the City/District will continue to contribute to benefits as usual. The Employee shall pay their usual portion of the benefits. Worker's Compensation benefits will be integrated and checks endorsed to the City/District by the Employee. No use of sick leave will be required during the first three (3) months.

6.2 After the first three (3) months of Industrial Disability Leave, until the Employee is determined to be able to return to work or permanent and stationary and unable to return to work, the Employee may integrate Worker's Compensation benefits with unused sick leave to assure no loss of compensation. The continuing eligibility for employee benefits will be determined in accordance with insurance contracts, State and Federal law, and City/District policy after the first three (3) months.

Section 7 - Educational Release Time

7.1 Employees shall be permitted to take job-related educational classes during on- duty hours within reasonable limits with approval of the Department Head and the City/District Manager.

EFFECTIVE DATE
This Plan shall take effect on September 19, 2022, and will remain in effect until further revised or replaced by action of the City Council.,
107
19 Attachment A- Pay Plan for FY 2022-2023
Effective July 1, 2022, wages for classes represented by the Management Group shall be listed below:

Monthly
Step 1 Step 2 Step 3 Step 4 Step 5
Executive Management
Chief of Police $16,770.97 $17,609.52 $18,490.00 $19,414.51 $20,385.23 Assistant City Manager $15,131.74 $15,888.32 $16,682.74 $17,516.88 $18,392.71 Community Development Director $15,131.74 $15,888.32 $16,682.74 $17,516.88 $18,392.71 Director of Public Works $15,131.74 $15,888.32 $16,682.74 $17,516.88 $18,392.71 Communications Director / City Clerk $14,708.29 $15,443.71 $16,215.89 $17,026.69 $17,878.02 Deputy City Manager $14,708.29 $15,443.71 $16,215.89 $17,026.69 $17,878.02 Finance Director $14,708.29 $15,443.71 $16,215.89 $17,026.69 $17,878.02 Human Resources Director $14,708.29 $15,443.71 $16,215.89 $17,026.69 $17,878.02 Parks & Recreation Director $14,708.29 $15,443.71 $16,215.89 $17,026.69 $17,878.02 Other Management - Exempt
Police Captain $14,467.80 $15,191.19 $15,950.76 $16,748.30 $17,585.71 Police Lieutenant $12,497.84 $13,122.72 $13,778.86 $14,467.80 $15,191.19 Assistant Finance Director $11,432.15 $12,003.75 $12,603.93 $13,234.12 $13,895.82 Economic Development Manager $11,432.15 $12,003.75 $12,603.93 $13,234.12 $13,895.82 Information Technology Manager $11,432.15 $12,003.75 $12,603.93 $13,234.12 $13,895.82 Chief Building Official $11,267.12 $11,830.47 $12,421.99 $13,043.09 $13,695.24 Planning Manager $11,267.12 $11,830.47 $12,421.99 $13,043.09 $13,695.24 Engineering Manager $11,267.12 $11,830.47 $12,421.99 $13,043.09 $13,695.24 Public Works Maintenance Manager $10,982.23 $11,531.35 $12,107.91 $12,713.31 $13,348.97 Senior Civil Engineer $10,982.23 $11,531.35 $12,107.91 $12,713.31 $13,348.97 Principal Management Analyst $10,890.74 $11,435.29 $12,007.04 $12,607.40 $13,237.78 Financial Services Manager $10,890.74 $11,435.29 $12,007.04 $12,607.40 $13,237.78 Accounting Manager $10,372.13 $10,890.74 $11,435.29 $12,007.04 $12,607.40 Sr. Systems Analyst $ 9,568.73 $10,047.16 $10,549.52 $11,076.99 $11,630.84 Senior Management Analyst $ 9,568.73 $10,047.16 $10,549.52 $11,076.99 $11,630.84 Management Analyst II $ 9,488.41 $ 9,962.82 $10,460.96 $10,984.01 $11,533.22 Associate Civil Engineer $ 9,488.41 $ 9,962.82 $10,460.96 $10,984.01 $11,533.22 Building and Vehicle Maintenance
Manager $ 9,464.16 $ 9,937.36 $10,434.22 $10,955.93 $11,503.73 Parks Maintenance Manager $ 9,464.16 $ 9,937.36 $10,434.22 $10,955.93 $11,503.73 Public Works Maintenance
Superintendent $ 9,464.16 $ 9,937.36 $10,434.22 $10,955.93 $11,503.73 Recreation Manager $ 9,464.16 $ 9,937.36 $10,434.22 $10,955.93 $11,503.73 Senior Accountant $ 9,311.31 $ 9,776.88 $10,265.74 $10,779.03 $11,317.97 Senior Planner $ 9,206.70 $ 9,667.04 $10,150.40 $10,657.92 $11,190.82 Senior Human Resources Analyst $ 9,083.46 $ 9,537.63 $10,014.51 $10,515.23 $11,040.99 Associate Planner $ 8,768.29 $ 9,206.70 $ 9,667.04 $10,150.40 $10,657.92 Human Resources Manager $ 8,768.29 $ 9,206.70 $ 9,667.04 $10,150.40 $10,657.92 Management Analyst I $ 8,606.26 $ 9,036.58 $ 9,488.41 $ 9,962.82 $10,460.96 Assistant Engineer $ 8,606.26 $ 9,036.58 $ 9,488.41 $ 9,962.82 $10,460.96 Assistant Planner $ 7,953.09 $ 8,350.75 $ 8,768.29 $ 9,206.70 $ 9,667.04 Junior Engineer $ 7,806.12 $ 8,196.43 $ 8,606.26 $ 9,036.58 $ 9,488.41 Accountant II $ 7,660.45 $ 8,043.46 $ 8,445.63 $ 8,867.91 $ 9,311.31 Human Resources Analyst $ 7,525.35 $ 7,901.63 $ 8,296.70 $ 8,711.54 $ 9,147.11 Technology Analyst II $ 7,525.35 $ 7,901.63 $ 8,296.70 $ 8,711.54 $ 9,147.11 108
20 Communications Manager $ 7,398.63 $ 7,768.56 $ 8,156.98 $ 8,564.83 $ 8,993.07 Accountant I $ 6,948.26 $ 7,295.67 $ 7,660.45 $ 8,043.46 $ 8,445.63 Management Assistant to the City
Manager $ 6,830.82 $ 7,172.36 $ 7,530.97 $ 7,907.52 $ 8,302.89 Management Coordinator $ 6,830.82 $ 7,172.36 $ 7,530.97 $ 7,907.52 $ 8,302.89 Records Analyst II $ 6,710.77 $ 7,046.31 $ 7,398.63 $ 7,768.56 $ 8,156.98 Technology Analyst I $ 6,500.68 $ 6,825.71 $ 7,167.00 $ 7,525.35 $ 7,901.63 Payroll Technician $ 6,500.66 $ 6,825.69 $ 7,166.99 $ 7,525.34 $ 7,901.61 Management Assistant $ 6,195.77 $ 6,505.55 $ 6,830.82 $ 7,172.36 $ 7,530.97 Records Analyst I $ 6,086.88 $ 6,391.22 $ 6,710.77 $ 7,046.31 $ 7,398.63 Hourly
Other Management – Non-Exempt
Deputy City Clerk $ 42.6844 $ 44.8186 $ 47.0595 $ 49.4125 $ 51.8831 Police Records Supervisor $ 42.3050 $ 44.4202 $ 46.6412 $ 48.9733 $ 51.4220 Housing Coordinator $ 49.6515 $ 52.1341 $ 54.7408 $ 57.4778 $ 60.3517 Human Resources Technician $ 35.7448 $ 37.5320 $ 39.4086 $ 41.3790 $ 43.4479 109

DATE: September 19, 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: Yelena Cappello, Acting Communications Director/City Clerk

SUBJECT: DESIGNATED POSITIONS IN THE CITY/DISTRICT CONFLICT

OF INTEREST CODE

RECOMMENDATION

It is recommended that the City Council/EMID Board of Directors adopt the attached City/District resolutions approving the Appendix dated September 19, 2022 to update the designated positions in the Conflict of Interest Code to add certain new positions.

EXECUTIVE SUMMARY

The Political Reform Act of 1974, approved by the voters, requires State and local government agencies to adopt a Conflict of Interest Code (“Code”). The City/District adopted a Code on February 7, 1983 pursuant to City Resolution No. 83-15 and EMID Resolution No. 1751. State law also requires the City/District to periodically update its Code by adopting by reference the terms of 2 California Code of Regulations §18730, as may, from time to time, be amended by the Fair Political Practices Commission (FPPC). The 2022 Local Agency Biennial Notice is required to be submitted to the City Council by October 3, 2022.

The Code must list each position within the City/District that makes or 110
participates in the making of governmental decisions. Individuals employed in these positions are called “designated employees.” In addition, certain consultants to public agencies must also file disclosure forms because they make or participate in making governmental decisions on behalf of the City/District.

The Code reviewing body for the City/District is the
Council/Board. Periodically, the Code reviewing body, by resolution, must update the list of designated employees listed in the Appendix and make any other changes needed to comply with State law. The Code Appendix was last updated on September 28, 2020. This year, two amendments are recommended.

First, the Code has been amended to add the newly added Economic Development Manager position. The employee in the position of Economic Development Manager will be required to file yearly statements of economic interest using Categories 1, 2, and 3.

Second, the Code has been amended to add the newly added Deputy City Manager position. The employee in the position of Deputy City Manager will be required to file yearly statements of economic interest using Categories 1, 2, and 3.

All necessary updates have been made and are shown in bold in the attached Resolutions as required by the Fair Political Practices Commission.

It is recommended that City Council/EMID Board of Directors review and adopt the attached amendments to the City/District’s Conflict Code.

FISCAL IMPACT

There is no fiscal impact associated with this action.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This action is in alignment with the "City Council Operations and Improved Community Engagement" Value/Priority area in that it encourages full transparency as it relates to the Conflict of Interest Code. 111

Attachments:
 Attachment 1 - City Resolution
 Attachment 2 - EMID Resolution
 Attachment 3 - Conflict of Interest Code
 Attachment 4 - Appendix
 Attachment 5 - Notice of Intention to Amend a Conflict of Interest Code 112
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING THE APPENDIX DATED SEPTEMBER 19, 2022 TO UPDATE THE DESIGNATED

POSITIONS IN THE CONFLICT OF INTEREST CODE TO ADD CERTAIN NEW

POSITIONS

CITY OF FOSTER CITY
WHEREAS, the Political Reform Act of 1974 (Government Code Sections 81000 et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regulations Section 18730), which contains the terms of a standard Conflict of Interest Code and can be incorporated by reference in an agency’s code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and
WHEREAS, therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Foster City; and WHEREAS, designated officials and employees shall file statements of economic interests with the City Clerk or her designee for the City of Foster City, who will make the statements available for public inspection and reproduction (Government Code Section 81008). The City Clerk or her designee will retain statements for all designated officials and employees; and
WHEREAS, by adopting Resolution No. 83-15 on February 7, 1983, this Council adopted a Conflict of Interest Code for the City of Foster City, by adopting by reference, the terms of 2 Cal. Code of Regulations 18730, as may, from time to time be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and by also approving as an APPENDIX thereto, disclosure categories for certain designated positions with the City of Foster City; and
WHEREAS, the APPENDIX containing the disclosure categories for the designated positions reflects current personnel status; and
WHEREAS, the Conflict of Interest Code has been reviewed and the changes shown as strikeout and bold are proposed.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOSTER CITY that this Council, as code reviewing body for the City of Foster City, has determined that the attached Conflict of Interest Code and Appendix attached thereto 113
accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable for each position; and BE IT FURTHER RESOLVED that all former resolutions or parts thereof conflicting or inconsistent with the provisions of this resolution are hereby repealed.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 19th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________________

RICHA AWASTHI, MAYOR
ATTEST:
____________________________________

PRISCILLA SCHAUS, CITY CLERK
114
RESOLUTION NO. _____

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROVING THE APPENDIX DATED SEPTEMBER 19, 2022 TO UPDATE THE DESIGNATED POSITIONS IN THE CONFLICT OF INTEREST

CODE TO ADD CERTAIN NEW POSITIONS

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Political Reform Act of 1974 (Government Code Sections 81000 et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regulations Section 18730), which contains the terms of a standard Conflict of Interest Code and can be incorporated by reference in an agency’s code. After public notice and hearing, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act; and
WHEREAS, therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix, designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Estero Municipal Improvement District; and WHEREAS, designated officials and employees shall file statements of economic interests with the District Secretary or her designee for the Estero Municipal Improvement District, who will make the statements available for public inspection and reproduction (Government Code Section 81008). The District Secretary or her designee will retain statements for all designated officials and employees; and WHEREAS, by adopting Resolution No. 1751 on February 7, 1983, this District Board adopted a Conflict of Interest Code for the Estero Municipal Improvement District, by adopting by reference, the terms of 2 Cal. Code of Regulations 18730, as may, from time to time be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act, and by also approving as an APPENDIX thereto, disclosure categories for certain designated positions with the Estero Municipal Improvement District; and
WHEREAS, the APPENDIX containing the disclosure categories for the designated positions reflects current personnel status; and
WHEREAS, the Conflict of Interest Code has been reviewed and the changes shown as strikeout and bold are proposed.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT, that this District Board, as code reviewing body for the Estero Municipal Improvement District, has determined that the 115
attached Conflict of Interest Code and Appendix attached thereto accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable for each position; and
BE IT FURTHER RESOLVED that all former resolutions or parts thereof conflicting or inconsistent with the provisions of this resolution are hereby repealed.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the special meeting held on the 19th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

RICHA AWASTHI, PRESIDENT
ATTEST:
______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY
116
1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
117
2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's 118
3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.
119
4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
120
5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:

1. A statement of the nature of the investment or interest; 121
6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;
122
7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. 123
8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from 124
9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 125
10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
126
11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
127
12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. 128
13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.
129
14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
130
15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).
131
16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 132
17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, 133
18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of 134
19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, 135
20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 136
21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

137
1 APPENDIX
(Dated September 19, 2022)
Reportable
Economic Interest
Category Numbers
Designated Positions (Attached Hereto)
Accounting Manager 4, 6
Assistant City Manager 1, 2, 3
Assistant Finance Director 1, 2, 3
Building and Vehicle Maintenance Manager 4, 6
Chief Building Official 4, 5, 6
Communications Director/City Clerk/District Secretary 4, 6 Community Development Director 1, 2, 3
Deputy City Attorney/District Legal Counsel 1, 2, 3
Deputy City Manager 1, 2, 3
Economic Development Manager 1, 2, 3
Financial Services Manager 1, 2, 3
Human Resources Director 1, 2, 3
Information Technology Manager 4, 6
Parks and Recreation Director 1, 2, 3
Parks Maintenance Manager 4, 6
Planning Manager 4, 5, 6
Police Captain 5
Police Chief 1, 2, 3
Public Works Director 1, 2, 3
Public Works Maintenance Manager 1, 2, 3
Public Works Maintenance Superintendent 4, 6
Recreation Manager 4, 6
Engineer Manager 4, 6
Consultants/New Positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code (1, 2, 3) subject to the following limitation:
“The City/District Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements descried in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City/District Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Government Code Section 81008.)”
**The following positions are NOT covered by the code because they must file under California Government Code §87200 and, therefore, are listed for informational 138
2 purposes only: City/District Attorney, City/District Manager, and Finance Director/City Treasurer, City Councilmembers/Board of Directors, City Planning Commissioners.

CATEGORIES OF REPORTABLE ECONOMIC INTERESTS
Category 1. All-inclusive Reportable Investments
A designated employee in this category shall disclose all reportable investments (worth more than $2,000):
a) Owned by the designated employee, his or her spouse or dependent child; b) Owned by an agent on behalf of the designated employee; c) Owned by any business entity controlled by the designated employee (i.e., any business entity in which the designated employee, his or her agents, spouse and dependent children hold more than a 50% ownership interest); d) Owned by a trust in which the designated employee has a substantial interest (i.e., a trust in which the designated employee, his or her spouse and dependent children have a present or future interest worth more than $2,000); e) Representing the pro rata share (worth more than $2,000) of the designated employee, his or her spouse and dependent children, of investments of any business entity or trust in which the designated employee, his or her spouse and dependent children own, directly, indirectly or beneficially, a 10% interest or greater. “Investment" means any financial interest in or security issued by a City of Foster City/ Estero Municipal Improvement District-related business entity, including, but not limited to common stock, preferred stock, rights, warrants, options, debt instruments and any partnership or other ownership interest.

A business entity is “City of Foster City/Estero Municipal Improvement District- related” if and only if the business entity or any parent, subsidiary or otherwise related business entity: i) has an interest in real property within the jurisdiction, ii) does business in the City of Foster City/Estero Municipal Improvement District, or iii) did business or plans to do business in the City of Foster City/Estero Municipal Improvement District at any time during the period commencing two years prior to and ending one year after the time the designated employee is required by this Code to file his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City of Foster City/Estero Municipal Improvement District decision. (The term “parent, subsidiary, or otherwise related business entity" shall be construed as specifically defined by the Commission.)
No asset is deemed an “investment" unless its fair market value exceeds $2,000. 139
3 The term ”investment” does not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government agency.

Category 2. All-Inclusive Reportable Interests in Real Property A designated employee in this category shall disclose all interests (worth more than $2,000) in real property located within the jurisdiction if the interests are:
a) Held or owned by the designated employee, his or her spouse and dependent child; or
b) The pro rata share (worth more than $2,000) of interests in real property of any business entity or trust in which the designated employee or spouse owns, directly or indirectly or beneficially, a 10% interest or greater. “Interest in real property” includes any leasehold, beneficial or ownership interest, or any option to acquire such an interest, in real property, but does not include the principal residence of the filer.

Real property shall be deemed to be “located within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the City of Foster City or the Estero Municipal Improvement District or within two miles of any land owned or used by the City of Foster City or the Estero Municipal Improvement District.

Category 3. All-Inclusive Reportable Income
A designated employee in this category shall disclose all income of the designated employee for any City of Foster City/Estero Municipal Improvement District- related source pursuant to the aggregate amount and gift limit outlined in 2 California Code of Regulations Section 18730 during the reporting period. a) “Income" means, except as provided in subsection b), income of any nature from any City of Foster City/Estero Municipal Improvement District-related source, including but not limited to any salary, wage, advance, payment, honorarium, award, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness, discount in the price of anything of value unless the discount is available to members of the general public without regard to official status, rebate, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in income of a spouse from a City of Foster City/Estero Municipal Improvement District-related source. Income of an individual also includes a pro rata share of any income of any City of Foster City/Estero Municipal Improvement District-related business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a ten percent interest or greater.

A source, business entity or trust is “City of Foster City/Estero Municipal improvement District-related” if and only if he, she or it: (i) resides in the jurisdiction, 140
4 (ii) has an interest in real property within the jurisdiction, (iii) does business in the City of Foster City/Estero Municipal Improvement District at any time during the period commencing two years prior to and ending one year after his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City of Foster City/Estero Municipal Improvement District decision. b) “Income” does not include:
(1) Campaign contributions required to be reported under Chapter 4 of the Act; (2) Salary and reimbursement for expenses or per diem received from a state or local government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic or charitable organization;
(3) Gifts of informational material, such as books, pamphlets, reports, calendars or periodicals;
(4) Gifts which are not used and which, within thirty days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes;
(5) Gifts from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, aunt, uncle, or first cousin or the spouse of any such person; provided that a gift from any such person shall be considered income if the donor is acting as an agent or intermediary for any person not covered by this paragraph; (6) Gifts of hospitality involving food, beverages, or lodging provided to the designated employee, if such hospitality has been reciprocated within the filing period. “Reciprocity” as used in this subsection includes the providing by the designated employee to the host of any consideration, including entertainment or household gift of a reasonable similar benefit or value; (7) Any devise or inheritance;
(8) Interest, dividends or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency;
(9) Dividends, interest or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government; and
(10) Loans by a commercial lending institution in the regular course of business. c) “Honorarium" means a payment for speaking at any event, participating in a panel or seminar or engaging in any similar activity. For purposes of this subsection, free admission, food, beverages and similar nominal benefits provided to a filer at an event at which he or she speaks, participates in a panel or seminar, or performs a similar service, and reimbursement or advance for actual intra-state travel and for necessary accommodations provided directly in connection with the event are not payment and need not be reported by the designated employee.

An honorarium must be reported as a gift unless it is clear from all of the surrounding circumstances that the services provided represented equal or greater value than 141
5 the payment received. If it is clear from the surrounding circumstances that the services provided were of equal or greater value than the payment received, the honorarium is income, not a gift. When the designated employee claims that the honorarium is not a gift, he shall have the burden of proving that the consideration is of equal or greater value unless the designated employee is a defendant in a criminal action.

A prize or an award shall be disclosed as a gift unless the prize or award is received on the basis of a bona fide competition not related to the designated employee’s official status. Prizes or awards which are not disclosed as gifts shall be disclosed as income.

Category 4. Less-Inclusive Reportable Investments
A designated employee in this category shall disclose those, and only those, Category 1 reportable investments which pertain to a business entity, a business activity of which is that of:
a) Providing within the last two (2) years, or foreseeable in the future, services, supplies, materials, machinery or equipment to the City of Foster City/Estero Municipal Improvement District.
b) Conducting a business in the City of Foster City/Estero Municipal Improvement District which requires a business license therefore pursuant to ordinances of the City/District.
c) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or the development, syndication or subdivision of real property or construction thereon of buildings or structures.

Category 5. Less-Inclusive Reportable Interests in Real Property A designated employee in this category shall disclose those, and only those, Category 2 reportable interests in real property where the property or any part of it is located within or not more than 500 feet outside the boundaries of the City of Foster City and Estero Municipal Improvement District.

Category 6. Less-Inclusive Types of Reportable Income
A designated employee in this category shall disclose those, and only those types of Category 3 reportable income which are derived from a source, an activity of which is that of:
a) Providing within the last two (2) years, or foreseeable in the future, services, supplies, materials, machinery or equipment to the City of Foster City/Estero Municipal Improvement District.
b) Conducting a business in the City of Foster City/Estero Municipal Improvement District which requires a business license therefore pursuant to ordinances of the City/District.
142
6 c) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or the development, syndication, or subdivision, of real property or constriction thereon of buildings or structures. 143

CITY OF FOSTER CITY

NOTICE OF INTENTION TO AMEND A

CONFLICT OF INTEREST CODE
NOTICE IS HEREBY GIVEN that the City of Foster City intends to amend a conflict of interest code pursuant to Government Code Section 87300 and 87306. Pursuant to Government Code Section 87302, the code will designate employees who must disclose certain investments, income, interests in real property and business positions, and who must disqualify themselves from making or participating in the making of governmental decisions affecting those interests.

This year, two amendments are recommended.

First, the code has been amended to add the newly added Economic Development Manager position. The employee in the position of Economic Development Manager will be required to file yearly statements of economic interest using Categories 1, 2, and 3.

Second, the code has been amended to add the newly added Deputy City Manager position. The employee in the position of Deputy City Manager will be required to file yearly statements of economic interest using Categories 1, 2, and 3.

All necessary updates have been made and are shown in bold in the attached Appendix as required by the Fair Political Practices Commission.

Copies of the proposed code and all of the information upon which it is based may be obtained from the City of Foster City. Any inquiries concerning the proposed code should be directed to the City Clerk, (650) 286-3250; [email protected]. 144

DATE: September 19, 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 145
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, July 18, and August 15, 2022. Per Government Code Section 8630, the City Council must reevaluate whether to 146
continue the 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.
147
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 has moved from the High/Red to the Green/Low COVID- 19 Community Level category per the CDC's August 18, 2022 update. The change in category is due to falling case rates and hospitalizations. However, health officials caution that despite the falling case rates, COVID-19 cases remain high compared with previous periods since the pandemic began.

Health officials continue to recommend that residents keep up to date with vaccinations and boosters, get tested if you have symptoms, and wear high- quality masks (N95/KN95) in settings where ventilation is poor or if you are at high risk for severe disease or illness.

LHI/Optum Serve has been contracted by the State of California and 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. Test to Treat facilities are available in San Mateo, Half Moon Bay, Pacifica, Daly City, and South San Francisco. More information on Test to Treat options can be found at: https://www.smcgov.org/covid-19- testing.

The Food and Drug Administration (FDA) approved a new bivalent Omicron booster, and the current monovalent COVID-19 vaccines are no longer 148
authorized to be used as boosters. San Mateo County Health's community COVID-19 vaccine clinics temporarily closed as officials worked to ensure residents have access to the updated booster shots. The community vaccination clinics reopened the week of September 12 with updated booster shots; however, advanced booster appointments will not be available until September 21. The original, primary vaccine series doses are still available.

To find a vaccination clinic, please visit https://www.smchealth.org/vaccine- clinic-calendar. Appointments are not required, though strongly encouraged, as only a limited number of participants without appointments may be vaccinated. Appointments can be made at https://myturn.ca.gov or by calling the CA COVID-19 Hotline at 1-833-422-4255.

As of September 1, 2022, a total of 717,698 individuals have been vaccinated in San Mateo County with at least one dose, representing 93% 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).

FISCAL IMPACT

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

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

This item is in alignment to the "City Council Operations and Improved Community Engagement," "Public Safety and Social Equity," and "Staff Empowerment and Operational Excellence" Value/Priority Areas. The City recognizes the importance of reliable and timely communications to public, and as such, will continue to ensure delivery of information for all matters 149
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 September 2, 2022)  Attachment 4 - COVID-19 Response Plan Summary (as of September 2, 2022)
150
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 151
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, July 18, and August 15, 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, 2022-88, and 2022-104 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
152
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 began conducting hybrid meetings in accordance with Government Code section 54953(e).

5. The State of California and the City of Foster City continue to follow safety 153
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 19th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
154
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, July 18, and August 15, 2022 per Resolutions No. 3610, 3621, 3624, 3630, 3634, 3637, 3644, 3646, 3655, 3666, and 3675 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.
155
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

1.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 began conducting hybrid meetings in accordance with Government Code section 54953(e).

3. 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.

4. 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. 156
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the special meeting held on the 19th day of September, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
157
Attachment 3
NOVEL CORONAVIRUS (COVID-19) TIMELINE
Last Updated: Friday , September 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 align ed County of San Mateo with the State’s Resilience Roadmap and limits gatherings to no more than 50 people, outline d social distancing and face covering requirements, allow ed for "social bubbles," and requir ed 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. 158
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. O utdoor gathering size increases to 50 people. For private events or meetings such as receptions or conferences, outdoor gatherings are limited to 100 people. Indoor live events or performances are allowed with capacity limits and modifications including physical distancing, advance ticket purchases, designated areas for eating and drinking, and attendance limited to in-state visitors.

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

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

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

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

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

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

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

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

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

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

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

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

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

September 16, 2021 Governor Gavin Newsom signs Assembly Bill 361, as the provisions of Executive Order No. N- 29-20 (as revised by Executive Order No. N -08-21), which modifies the requirements for conducting meetings via teleconference during the COVID -19 pandemic, expire s on September 30, 2021. AB 361 amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual 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 159
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 workpl aces. 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.

August 18, 2022 San Mateo County was moved from High/Red to Low/Green CDC COVID-19 Community Level category.

160

Page 1 of 21 ends

Attachment 4

NOVEL CORONAVIRUS (COVID-19) RESPONSE PLAN SUMMARY
Last Update d: Friday , September 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

TO MAINTAIN COMPLIANCE WITH PUBLIC

HEALTH ORDERS FROM THE COUNTY AND

STATE (SHELTER IN PLACE/STAY AT HOME)
Monitor the evolving COVID -19 situation and work closely with the County and neighboring jurisdictions
• Update Countywide Matrix with operational changes (Last Updated 03/18/20) • Participate in conference calls which includes Elected Officials, City Managers, City Attorneys, Public Safety (Daily Until 03/25/20; Monday, Wednesday, Friday Until 05/18/20; Wednesday & Friday Until 06/24 /20; Wednesday Until 10/21/20; Transitioned to Every 2 Wednesdays Until 06/09/21, Ending Thereafter) • Participate in Special Briefings which includes Elected Officials, City Managers, and Public Safety as needed (01/13/22)
• Nexus with City Attorney/County Counsel for Guidance (As Needed) • Update 211 Bay Area (a program of United Way Bay Area) with City Updates Ongoing
Work in alignment with SMC Fire (Member Agencies) to coordinate response • Proclamation of Local Emergency (City Manager/Director of Emergency Services Proclaimed on 03/16/20; City Council Ratified on 03/18/20 ; Extended on 04/06/20 , 06/01/20, 07/20/20, 09/08/20, 11/02/20, 01/04/21, 03/01/21, 05/17/21, 07/19/21 , 09/20/21, 11/15/21, 12/13/21 , 01/18/22, 2/22/22 , 3/21/22, 4/18/22, 5/16/22 , 6/20/22, 7/18/22, and 8/15/22.
• 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)
o Daily Emergency Action Plan (EAP) prepared and distributed by EOC o Daily Situation Status Report (SIT STAT) created and distributed by EOC Ongoing
161

Page 2 of 21 ends

Implement adjustments to City services and operations in response to Public Health Orders • Order No. c19-2, dated March 12, 2020
o Cancelled all non-essential meetings, events, and large gatherings through month of March
o Issued refunds for voluntary cancellations
o No longer accepted new facility reservation requests
o Implemented social distancing measures for any upcoming, essential meetings
o Restricted non-essential travel for all employees
o Encouraged public to utilize City services available online, over-the -phone, and/or email
• Order No. c19-5, dated March 16, 2020
o City Facilities Closure through April 7, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Transitioned all future City Council and Planning Commission meetings to be conducted via teleconference/video conference
o Cancelled all classes and programs through April 7, 2020 o Transitioned employees to telework/remote
• Order No. c19-5b (Revised), dated March 31, 2020
o City Facilities Closure through May 3, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Extended limitations to recreational activity spaces, with only park pathways and open green space (nonathletic fields) remaining opening o Cancelled all non-essential meetings and events through May 3, 2020 o Issued stop work orders to cease all non -essential construction activity immediately
o Posted required Social Distancing Protocol and Signage • Health Recommendation (to Cover Face), dated April 2, 2020 o All essential workers on-site, in-field to follow same recommendations and be an example to the community by wearing appropriate coverings at all times • Order No. c19-8, dated April 17, 2020
o All employees to have face coverings at all times, when working with others and in are as that are frequented by your co -workers, including hallways, restrooms, stairways, lunch and break rooms, and other shared spaces. • Order No. c19-5c (Revised), dated April 29, 2020
o City Facilities Closure through May 31, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Cancelled all non-essential meetings and events through May 31, 2020 Ongoing
162

Page 3 of 21 ends

o Construction, landscaping and gardening work allowed to resume o Posted required, updated Social Distancing Protocol and Signage o Developing phased reopening of City facilities based on evaluation of easing of restrictions within Order
• Order No. c19-5d (Revised), dated May 15, 2020
o Developed phased reopening of City facilities based on evaluation of easing of restrictions within Order , with outlined protocols and best practices on preventative measures, site- specific changes, reconfigurations, screening, cleaning/disinfecting, communication & posting, etc.
o Outdoor facilities with high -touch equipment or that en courage gathering must remain closed to public access. Such facilities include playgrounds, gym equipment, climbing walls, picnic areas, dog parks, spas, and barbecue areas. o Removal of previous order’s limit on travel for recreational activities to within 10 miles from home
• Order No. c19-8b (Revised), dated May 19, 2020
o All members of the public and workers to wear face coverings at all times • Order No. c19-5e (Revised), dated May 28, 2020
o Additional activities allowed, including places of worship, retail, car parades, and protests
o Reopened four (4) pickleball and two (9) tennis courts; implementing reservation system and active monitoring by City staff
o Cancelled all non-essential meetings and events through June 30, 2020 o Reevaluated all major City special events (such as Fourth of July, Summer Concerts, and Summer Days) and proposed plans for events in virtual, modified formats
• Order No. c19-5f (Revised), dated June 4, 2020
o Additional activities allowed, including outdoor dining, charter boat operations, and funerals
o Reopened beach parks, boat docks, two (2) walking tracks, and parking lots of all (except one) park sites
o Developed visitor protocols to provide guidance on requirements and expectations of those seeking in-person services, with outlined protocols and best practices on preventative measures, self -health assessments, face covering and social distance requirements, capacity levels, etc. o More employees reintroduced into the workplace; implementation of appointment scheduling software to allow in- person services beginning June 15, 2020
• Order No. c19-11, dated June 17, 2020
163

Page 4 of 21 ends

o Limits gatherings to no more than 50 people, outlines social distancing and face covering requirements, allows for social bubbles of no more than 12, and requires businesses to implement a social distancing protocol and written health and safety plans
o Reopened all pickleball and tennis courts, as well as removed reservation system and active monitoring by City staff
o Reopened bocce ball courts and volleyball courts
o Reopened park restrooms at five (5) locations
o More employees to be reintroduced into the workplace; however reopening of all City facilities postponed until further notice
• County Added to State Monitoring List, July 29, 2020
o Shut down of certain industries or activities, unle ss modified to operate outside
o City temporarily suspends code enforcement actions against businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices that are not currently permitted to provide outdoor operations o Skate park reopened on August 14, 2020
• County Ranked Purple in State’s New Color-Coded Reopening System, August 28, 2020 o Effective August 31, all retail and shopping centers can open at 25% capacity, and all hair salons and barbershops can resume indoor operations • County Ranked Red in State’s New Color -Coded Reopening System, September 22, 2020
o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people) o Schools one step closer to reopening (only after two weeks in Tier 2/Red) • CA Department of Public Health New Guidance on Playgrounds and Outdoor Recreational Facilities, September 28, 2020
o Playgrounds, basketball courts, all park bathrooms, the Fitness Court, and the Skate Park to reopen, with restrictions, on October 8
o Parks staff preparing for reopening of amenities by sanitizing all playgrounds and removing fencing
164

Page 5 of 21 ends

• County Ranked Orange in State’s Color-Coded Reopening System, October 27, 2020 o Indoor family entertainment centers, outdoor bars and breweries not o serving food, indoor climbing walls and certain other businesses and activities to open with capacity restrictions
o Dine-in restaurants, movie theaters, places of worship and additional businesses can boost their indoor capacities as well
• Order No. c19-7c (Revised), dated October 29, 2020
o Updated orders for individuals who are close contacts of a positive case (for quarantine) or who have tested positive for COVID -19 (for isolation), along with instructions for home quarantine and home isolation o Specific rules applicable to health care workers and first responders • County Ranked Red in State’s Color-Coded Reopening System, November 17, 2020 o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people, whichever is fewer) o Gyms and fitness centers indoors (max 10% capacity)
• County Ranked Purple in State’s Color-Coded Reopening System, November 29, 2020 and Limited Stay at Home Order, starting November 30, 2020 o Businesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
o Shopping malls and all retail must operate at no more than 25 percent capacity.
o Prohibited resid ents from leaving their homes to gather with other households from 10 p.m. to 5 a.m.
• Regional Stay at Home Order, starting December 17, 2020 o Prohibits private gatherings of any size, except for outdoor church services and political demonstrations.
o Restaurants must stop offering in -person dining and can offer only take -out and delivery.
o Many businesses and activities must close, including salons and barbershops. o Retail can remain open at 20 percent capacity.
165

Page 6 of 21 ends

o Nonessential travel and the use of hotels or short -term rentals for leisure is banned.
• County Ranked Purple in State’s Color-Coded Reopening System, January 25, 2021 o Businesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
o Shopping malls and all retail must operate at no more than 25 percent capacity.
• County Ranked Red in State’s Color-Coded Reopening System, February 24, 2021 o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people, whichever is fewer) o Gyms and fitness centers indoors (max 10% capacity)
• County Ranked Orange in State’s Color-Coded Reopening System, March 17, 2021 o Restaurants indoors (max 50% capacity or 200 people, whichever is fewer) o All retail/shopping indoors (open with modifications, closed common areas and reduced capacity in food courts)
o Museums, zoos and aquariums (max 50% capacity)
o Places of worship (max 50% capacity or 200 people, whichever is fewer) o Movie theaters indoors (open with modifications)
o Gyms and fitness centers indoors (max 25% capacity, indoor pools and climbing walls open)
• CA Department of Public Health New Guidance on Travel, April 2, 2021 o CDPH and the CDC recommend delaying travel until persons are fully vaccinated. Fully vaccinated travelers should follow CDC travel guidance and are not required to test or quarantine before or after travel unless they have symptoms concerning for COVID-19 disease.
• Governor Gavin Newsom outlines the State’s next step in the COVID- 19 pandemic recovery, moving beyond the Blueprint for a Safer Economy, and announces that on June 15, California will fully reopen if criteria are met. • CA Department of Public Health New Guidance on Gatherings and Live Events, April 15, 2021
166

Page 7 of 21 ends

o For the Orange Tier starting on April 15, outdoor gathering size increases to 50 people.
o For private events or meetings such as receptions or conferences, outdoor gatherings are limited to 100 people.
o Indoor live events or performances are allowed with capacity limits and modifications including physical distancing, advance ticket purchases, designated areas for eating and drinking, and attendance limited to in -state visitors.
• CA Department of Public Health New Guidance on Use of Face Coverings, May 3, 2021 o For fully vaccinated persons, face coverings are not required outdoors except when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings. o For unvaccinated persons, face coverings are required outdoors any time physical distancing cannot be maintained, including when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings.
o In indoor settings outside of one's home, including public transportation, face coverings continue to be required regardless of vaccination status, except as outlined below.
• County Ranked Yellow in State’s Color-Coded Reopening System, May 12, 2021 o Allows expanded capacity at restaurants, gyms, movie theaters, indoor businesses and a host of other operations.
o Bars that do not serve food can reopen indoors with a maximum capacity of 25 percent or 100 people, whichever is fewer.
• California officially reopens and moves “ Beyond the Bluep rint,” which ends the the color-coded reopening tier systems and lifts most restrictions on businesses. The County of San Mateo fully aligns with all state COVID -19 health and safety guidelines and has no plans to impose separate guidance.
o Most County of San Mateo offices opened to the public on June 15, 2021. o City of Foster City reopens Council Chambers and begins hybrid in-person and virtual City Council meetings on July 19, 2021.
o City of Foster City reopens City Hall to general public for walk -ins during regular business hours from 8:00 AM-5:00 PM, Monday to Friday, on July 26, 2021.
o City of Foster City reopens Recreation Center and begins offering indoor programs again on August 9, 2021.
• Order No. c19-12, dated August 3, 2021
167

Page 8 of 21 ends

o Directs that face coverings shall be worn, regardless of vaccination status, over the mouth and nose, in all indoor public settings, venues, gatherings, and workplaces, such as, but not limited to: offices, retail stores, restaurants and bars, theaters, family entertainment centers, conference centers and government offices serving the public.
• Governor Gavin Newsom signs Assembly Bill 361 on September 16, 2021, as the provisions of Executive Order No. N- 29-20 (as revised by Executive Order No. N -08- 21), which modifies the requirements for conduct ing meetings via teleconference during the COVID-19 pandemic, expires on September 30, 2021. • County Health issues criteria for lifting COVID -19 indoor masking requirements to allow organizations to set those requirements independently , when all of the following are achieved, October 7, 2021:
o The rate of COVID-19 transmission reaches the “moderate” or yellow tier and remains there for at least three weeks; AND
o The number of people hospitalized for COVID -19 is low and stable in the judgement of local health officials; AND
o The percent of the total population that is fully vaccinated – two doses of Pfizer or Moderna or one dose of Johnson & Johnson – reaches 80 percent OR eight weeks have passed since a COVID -19 vaccine has been authorized for emergency use by federal and state authorities for 5- to 11-year-olds. • CA Department of Public Health Statewide Mandate on Masks, December 15, 2021 o Requiring masks to be worn in all indoor public settings, irrespective of vaccine status, until February 15, 2022
• In alignment with the State, San Mateo County will rescind indoor mask requirements effective February 16, 2022 . Unvaccinated individuals will still be required to mask indoors. Everyone, regardless of vaccination status, will be required to mask indoors in high-risk settings, including public transportation, health care settings, congregate settings like correctional facilities and homeless shelters, long-term care facilities, and in K-12 schools and childcare settings.
o City of Foster City reopens Council Chambers and returns to hybrid in-person and virtual City Council meetings on March 7, 2022.
o Indoor masking, though strongly encouraged, is no longer required at City facilities effective March 14, 2022.
• 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, f ederal judge issues ruling that masks are no longer required on transportation conveyances and at transportation hubs.

168

Page 9 of 21 ends

OBJECTIVE ACTION ITEMS STATUS

TO P ROVIDE ESSENTIAL SERVICES AND

CONTINUITY OF CITY OPERATIONS WITH

MINIMAL DISRUPTION (TO EXTENT

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

OBJECTIVE ACTION ITEMS STATUS

TO EFFECTIVELY COMMUNICATE,

EDUCATE, AND INFORM THE COMMUNITY
Provide reliable information to the community that is uniform and consistent with the County & State guidelines
• Participate in PIO conference calls
• Share information as released by County in an effort to centralize resources • Coordinate messaging with SMC Fire (Member Agencies) for consistency • Create landing page of COVID -19 general information on City website – https://www.fostercity.org/covid19
• Create landing page of COVID-19 available City services online and by appointment on City website – https://www.fostercity.org/citymanager/page/citywide-services • Create landing page of COVID -19 response/programs on City website – https://www.fostercity.org/citymanager/page/foster-city-covid-19-response • Create landin g page of COVID -19 business resources on City website – https://www.fostercity.org/citymanager/page/covid-19-business-resources • Enable alert on top header of City website with latest City update on COVID-19 • Enable spotlight on City website main page directing to COVID-19 landing page Ongoing
Provide messaging that increases public awareness of mandatory precautionary measures and available resources for the community
• Signage –
o City Facilities Closures – Posted at Building Entrances, Gated Park Facilities, Playgrounds, Bathrooms, etc.

Ongoing
169

Page 10 of 21 ends

o Electronic Board (for Social Distancing) – Placed on Levee Pedway o Chalk Markings (for Social Distancing) – 6 Feet Markers on Levee Pedway o Metal Signage (for Social Distancing) – Posted Along Levee Pedway o City Facilities Requirements – Face Coverings, Social Distancing Guidelines/Floor Markers, Limited Capacity in Common Spaces, etc. • FCTV Bulletin – Updated with COVID-19 Information
• Electronic Marquee – Updated with COVID-19 Information • Press Releases –
o March 11, 2020
o March 13, 2020
o March 15, 2020
o March 16, 2020
o April 3, 2020
o April 8, 2020
o April 22, 2020
o April 23, 2020
o April 30, 2020
o May 27, 2020
o June 3, 2020
o October 7, 2020
o June 2, 2021
o June 17, 2021
o July 16, 2021
o July 28, 2021
o October 28, 2021
o January 5, 2022
o February 18, 2022
o March 8, 2022
• Videos/Public Service Announcements –
o Letter from Mayor (Released 03/18/20)
o Video from Mayor (Released 03/26/20)
o Letter from Mayor (Released 03/31/20)
o Joint PSA with SMC Fire Member Agencies (Released on 04/10/20) o COVID-19 Relief Program (Released 05/14/20)
o Summer Safety Message from City Council (Released 06/04/20) o Congratulations to Class of 2020 (Released on 06/09/20) o Visit City Hall Online (Released 07/01/20)
o Submit Permits Online (Released 07/01/20)
170

Page 11 of 21 ends

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
171

Page 12 of 21 ends

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
172

Page 13 of 21 ends

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
o August 11, 2022
o August 25, 2022
• Recology Billing Mailer –
o June: “We’re in this together, Foster City! Thank you for helping slow the spread of COVID-19. Practice social distancing of at lea st 6 feet, wear a face 173

Page 14 of 21 ends

covering, and wash your hands frequently. Follow Foster City news and updates at www.fostercity.org/covid19.”
o August: Flyer – “It’s up to all of us, Foster City”
Participate in opportunities for community education whenever possible • City Manager provided COVID-19 update to Rotary Club on 03/25/20 (via Zoom) • Patrol Officers to educate public whenever responding to/enforcing violation reports • Police Chief to host Community Connect/FCPD Virtual Station Tour/Live Q&A event on 04/16/20 (via Facebook Live)
• City Manager and Mayor provided update to Foster City Village on 03/23/21 (via Zoom)
• Partnered with Congresswoman Speier to host a week-long “In America: Remember” exhibit honoring San Mateo County residents who died of COVID-19 from 11/07/21 to 11/14/21
Ongoing

OBJECTIVE ACTION ITEMS STATUS

TO SUPPORT NEEDS OF VULNERABLE/AT-

RISK POPULATIONS, MOBILIZING

COMMUNITY-BASED ORGANIZATIONS,

NON-PROFITS, AND PRIVATE SECTOR
Work in partnership with community-based organizations and/or non-profits to help support needs of at-risk populations
• Volunteers at-Large: Direct all volunteer inquiries to County for centralized deployment system – https://www.surveymonkey.com/r/WSXH6PZ • Senior Services:
o Rotary Club Senior Meals Program – Generally, first and third Tuesday of the month; however, suspended until further notice as they have a highly social aspect to them.
o Foster City Village – A ctively conducting Meals on Wheels (Mon day-Friday), providing transportation to urgent medical appointments, picking up prescriptions, and conducting their “We Care” program where FCV volunteers make phone calls to their members as a friendly, supportive check in o Foster City Village – City Council allocated $5,000 on 04/06/20 to help provide protective supply purchases, grocery b ag deliveries, food distributions, and gasoline cards for volunteer drivers. These measures will help with additional expenses incurred by the Village as they continue operations while protecting our seniors during the pandemic.
o Senior Shopping Hours – Foster City Safeway (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Target at Bridgepointe (Tuesdays and Wednesdays from 8:00 AM-9:00 AM), Lucky Supermarkets (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Costco (Tuesdays and Thursdays from 8:00 AM-9:00 AM), Ranch 99 (every weekday from 8:00 AM-9:00 AM), and Trader Joe's (daily from 9:00 AM-10:00 AM)
Ongoing
174

Page 15 of 21 ends

o Foster City Village – Comfort Care Meal Delivery Program for 20 Weeks (01/28/21 to 06/10/21) includes one weekly meal prepared by rotating Foster City restaurants and hand-delivered by volunteer cadre (including Foster City staff)
• Food Distribution:
o Second Harvest Food Bank – Pre-boxed meals distribution to take place the first and third Friday at 9:00 AM/9:30 AM at the Recreation Center parking lot, in a drive-up fashion
o SMFC School District Food Program – Free meal program, grab and go style breakfast and lunch meals, available for all kids and teens 18 and under at Foster City Elementary School. City Council approved allocation of $10,000 on 05/11/20 to help costs of expanding this program. [ENDED] o Great Plates Program – Delivering meals to older adults who are at heightened risk and are unable to obtain or prepare meals on their own while sheltering in place [ENDED]
o Impossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
• Students/Distance Learning:
o SMFC Education Foundation – City Council approved allocation of $10,000 to help supplement costs of hot spots and internet access to carry out distance learning programs.

Collaborate with the County, SAMCEDA, and Foster City Chamber of Commerce to understand impacts of COVID-19 on businesses and develop financial assistance programs that can offer immediate relief as needed
• Issued survey to businesses to better understand economic impacts of COVID -19 – https://www.surveymonkey.com/r/BXH6H86
• Built Business Resources Page on City website that includes latest updates – https://www.fostercity.org/citymanager/page/covid-19-business-resources • Built directory of businesses open/available for delivery or pick -up – https://local.fostercity.org/
• Help promote San Mateo County Strong Fund, donation f und to help residents, nonprofit organizations and small businesses – https://www.smcstrong.org/ • Evaluated U.S. Senate Bill S.3548 - Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and an informational report was provided to the City Council on 04/06/20. • Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a Ongoing
175

Page 16 of 21 ends

grant of $10,000 per business for up to 50 businesses ) approved by City Council on 04/06/20.
• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
• Consider options f or Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
• Participated in Chamber of Commerce “Chamber Cares Initiative” Weekly Meeting re:

COVID-19 Impacts on Non-Profits 06/16/20
• Outdoor dining temporarily allowed for restaurants looking to provide outdoor dining service and suspend ed Code Enforcement a ctions approved by City Council on 07/06/20
• Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts • Outdoor services temporarily allowed for businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices , and suspended Code Enforcement actions approved by City Council on 07/31/20
• Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
• Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) • Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
• Helped promote Restaurant, Brewery & Winery Relief, relief f und to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief • Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Preferences, which was open between 03/11/21 -03/11/21; findings received and accepted by City Council on 04/19/21
• Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 • Helped promote living!LOCAL Holiday Marketplac e by Chamber of Commerce to highlight local goods and services, and benefitting both shoppers and family -run businesses – https://www.whimlocal.com/event/livinglocal/feed 176

Page 17 of 21 ends

• Helped promote Microfood Business Grant Program to help microfood businesses that have not received assistance from the County COVID -19-relief programs in the past 12 months – https://www.smcstrong.org/archivedapplyforfunding Continue dialogue with hotels to understand impacts of COVID-19 on occupancy and consider use of hotels as alternative care facilities
• Connected Nathan Tsai (owner of Crowne Plaza and Towne Place Suites) with County Manager Mike Callagy regarding 650 rooms available
Ongoing
Address risks of homelessness and/or displacement
• Countywide eviction moratorium ordinance; resolution adopting an Emergency Regulation, Pursuant to Section 8634 of the Government Code and Chapter 2.46 of the San Mateo County Ordinance Code, establishing a temporary, countywide moratorium on eviction for non -payment of rent by residential tenants directly impacted by the COVID -19 pandemic; extended through July 28 , 2020 by Board of Supervisors on 06/23/20
• Temporary countywide eviction moratorium for non-payment of rent by residential tenants directly impacted by the COVID-19 pandemic through August 31 and extended 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-r ecreation- and-resource-center
• Promoted San Mateo County Psychological Association (SMCPA) Virtual Town Halls (04/05/20 and 04/09/20)
• Participated in ‘Thank You Event’ at San Mateo Medical Center with SMC Fire Member Agencies, Public Safety Personnel, City Staff, and Legislative Officials (05/04/20) Ongoing
Build out database for Countywide Community Evacuation Interface to support mass shelter in place and assist with information sharing – https://community.zonehaven.com/ • Assigned liaison to support data needs, provide resources, and update map Ongoing

OBJECTIVE ACTION ITEMS STATUS
177

Page 18 of 21 ends

TO FOSTER A SAFE WORKPLACE AND

ENABLE THE EMPLOYEE BASE TO

PERFORM
Scale workforce to essential functions only and transition employees to telework/remote to extent possible
• Distributed Teleworking Policy and Form to all employees (March 2020 and December 2020)
• Staffing levels/schedule established on a weekly/monthly basis (dependent on department)
• Provided regular updates to all employees via City Manager and Human Resources (issued 11 internal memos to -date) and Management Team Meeting (on 05/27/20) and All-Hands Meeting (on 05/28/20, 07/29/20, and 12/15/20) • Provided regular updates to City staff via bimont hly City Manager update “The Bulletin” (First and Third Fridays of Each Month); transitioning to monthly updates in 2021
• Shared information on Families First Coronavirus Response Act • Provided tools for all employees to effectively work remotely (with IT A ssistance); includes equipment issuance, tele/video conferencing tools such as Microsoft Teams and Zoom, and web -based Employee Resource Page –
https://www.fostercity.org/employees
• Established ‘Return t o Work Taskforce ’ and Developed ‘Employee Return to Work’ Policy
• Developed ‘Adaptable Work Schedule Program’
Ongoing
Ensure safety of front-line/essential personnel, i.e. first responders • Ensure personnel are equipped with PPE and are able to minimize in -person interactions whenever possible (reduced access to Police & Fire Departments, alternate teams/shifts, etc.)
• Provide accommodations for quarantining/isolation by coordinating with County EOC • Provide resources to COVID -19 testing if needed through https://verily.com/ or https://www.projectbaseline.com/study/covid-19/
• Provide childcare options for front -line/essential personnel, i.e. first responders – https://sanmateo4cs.org/
o Shared survey to gather information and better assess needs jurisdiction – https://www.surveymonkey.com/r/SMC_COVID19_childcare
• Implemented self-health assessment/screening requirement at entry points; including installation of thermal scanners at City Hall and Police Department • Posted required Social Distancing Protocol and Signage at City facility entrances and share information with all employees
• Informed all employees of Face Covering Requirement; providing supply of masks if necessary
Ongoing
178

Page 19 of 21 ends

Foster City City CouncilSeptember 19, 2022

Foster City City Council
September 19, 2022