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 GOVER NMENT 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
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Consistent with Government Code Section 54953, this City/District Meeting will be held via teleconference in addition to in person. City Councilmembers/District Board and staff will attend in person or via teleconference.
To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home or attend the meeting in person. Below is information on how the public may observe and participate in the meeting.
To Attend the Meeting in Person:
• Location: 620 Foster City Blvd, Foster City, California, 94404
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To Observe the Meeting via Teleconference/Video Conference:
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To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:
• During the Meeting: Live verbal public comments may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the “raise hand” feature (for those joining by phone, press *9 to “raise hand”) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or last 4 digits of phone number for dial-in attendees. Please clearly state your full name for the record at the start of your public comment.
Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written
record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items 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, October 3, 2022 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF DIRECTORS
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Councilmembers/ex officio EMID Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Mayor/President Richa Awasthi
4. SPECIAL PRESENTATIONS
4.1. A Proclamation Declaring the Week of October 9-15, 2022 as "Fire Prevention Week"
4.2. A Proclamation Recognizing October 2022 as Hindu Heritage Month
5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda. Information may be received, placed on a future agenda, or referred to the appropriate City staff. FCMC 2.08.240 Addressing the Council. "...Each person desiring to address the Council shall step up to the public rostrum after being recognized to speak by the presiding officer, shall state his/her name and address for the record, state the subject he/she wishes to discuss, state who he/she is representing if he/she represents an organization or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.
2 6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on 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.
6.1. City/EMID Minutes
6.1.1. Foster City Joint Powers Authority/City/EMID Regular Meeting of September 19, 2022
6.2. City/EMID Ordinances for Adoption (First City Ordinance Number to be used tonight is 652)
6.2.1. 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 12 4,395 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 (First Reading September 19, 2022)
a) Adopt Ordinance
6.3. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-115 and EMID Resolution Number to be used tonight is 3683)
6.3.1. A Resolution of the City Council of the City of Foster City Amending the Policy Statement of the Parks and Recreation Committee to Extend the Expanded the Membership From Five Members to Seven Members Through 2028
a) Staff Report
b) Adopt Resolution
3 6.3.2. A Resolution of the City Council of the City of Foster City Increasing the Appropriation in the Foster City Foundation Fund (116) Account Number 116-0510-451-4265 From $22,122 to
$100,000 in Fiscal Year 2022-2023
a) Staff Report
b) Adopt Resolution
6.3.3. A Resolution of the City Council of the City of Foster City Authorizing an Agreement With Integrated Design 360 LLC in the Amount of $127,774 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; and an Appropriation in the Amount of $127,774 to Account No. 001-0820-424-4251
a) Staff Report
b) Adopt Resolution
6.3.4. a) A Resolution of the City Council of the City of Foster City Converting Two (2) Assistant Engineer/Associate Civil Engineer Positions to Two (2) Flexibly Staffed Positions That Include Senior Civil Engineer; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Converting Two (2) Assistant
Engineer/Associate Civil Engineer Positions to Two (2) Flexibly Staffed Positions That Include Senior Civil Engineer
c) Staff Report
d) Adopt Resolutions
6.3.5. a) A Resolution of the City Council of the City of Foster City Reclassifying One (1) Part Time Office Assistant II Position to a Full-time Administrative Assistant I Position, Eliminating One (1) Part Time Office Assistant II Position, Reclassifying One Management Coordinator Position to a Management Analyst and Appropriating $81,587.00 in the Public Works Department Employee Services Accounts in Fiscal Year 2022-2023; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Reclassifying One (1) Part Time Office Assistant II Position to a Full-time Administrative Assistant I Position, Eliminating One (1) Part Time Office Assistant II Position, Reclassifying One Management Coordinator Position to a Management Analyst and Appropriating $81,587.00 in the Public Works Department Employee Services Accounts in Fiscal Year 2022-2023
c) Staff Report
d) Adopt Resolutions
4 6.4. City/EMID Other
6.4.1. By Minute Order, Approve a Letter to the Honorable Amarra A.
Lee Judge of the Superior Court in Response to the San Mateo County Civil Grand Jury Report, Dated August 9, 2022, Entitled "Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know"
a) Staff Report
6.4.2. By Minute Order, Approve a Letter to the Honorable Amarra A.
Lee Judge of the Superior Court in Response to the San Mateo County Civil Grand Jury Report, Dated August 5, 2022,
Entitled “The Other Water Worry: Is Your Water Provider Prepared for the Big One?”
a) Staff Report
6.4.3. By Minute Order, Approve a Letter in Support of the San Mateo County Transportation Authority’s 2022 Applications for Senate Bill 1 (SB 1) Funding
a) Staff Report
7. REPORTS
7.1. Consideration of Solid Waste Collection Rates for Year 2023 a) Staff Report
b) By Minute Order, Provide Policy Direction
8. ORDINANCES FOR INTRODUCTION
8.1. An Ordinance of the City of Foster City Amending Section 1.01.010, “Adoption-Secondary Codes Adopted,” of Chapter 1.01, “Code Adoption,” Within Title 1 of the Foster City Municipal Code Adopting by Reference the 2022 California Building Code, 2022 Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code and the 2022 California Existing Building Code Within Title 24 of the California Code of Regulations
a) Staff Report
b) Action
i) Introduce Ordinance by title, by motion waive further reading ii) By motion pass ordinance to second reading
5 8.2. An Ordinance of the City of Foster City Repealing and Replacing Chapters 15.02, “Building Code”; 15.04, “Residential Code”; 15.06, “existing Building Code”; 15.08, “Mechanical Code”; 15.16, “Plumbing Code”; 15.20, “Electrical Code”; and 15.24, “Fire Code”; of Title 15, “Building and Construction,” of the Foster City Municipal Code and Adopting by Reference the 2022 California Building Code, 2022 Residential Code, 2022 California Electrical Code, 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Fire Code and the 2022 California Existing Building Code With Appendices Within Title 24 of the California Code of Regulations and Making Certain Amendments Thereto; and Adopting the Fire Departmental Policy Manual
a) Staff Report
b) Action
i) Introduce Ordinance by title, by motion waive further reading ii) By motion pass ordinance to second reading
8.3. 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
a) Staff Report
b) Action
i) Introduce Ordinance by title, by motion waive further reading ii) By motion pass ordinance to second reading
9. RESOLUTIONS FOR ADOPTION
9.1. A Resolution of the City Council of the City of Foster City Approving the Appointment of Fifteen Members to the Youth Advisory Committee for the 2022-2023 School Year
a) Staff Report
b) Action - Adopt Resolution
10. COMMUNICATIONS
10.1. City/District Warrants of Demands were Processed and Issued on September 15, 2022, and ACH were processed on August 29, 2022. a) Information Item Only
b) No Action Required
6 11. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS
AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.
12. CLOSED SESSION
12.1. Conference with Legal Counsel - Anticipated Litigation:
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Two Potential Cases)
12.2. Report Out from Closed Session
13. 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
7 8
9 FOSTER CITY JOINT POWERS AUTHORITY
CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF SEPTEMBER 19, 2022
MINUTES
CALL TO ORDER OF BOARD OF DIRECTORS
The Regular Meeting of September 19, 2022 of the Foster City Joint Powers Authority (FCJPA), was called to order at 6:30 p.m. by Chair 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 Secretary called the roll:
PRESENT: Directors Jon Froomin, Sanjay Gehani, Sam Hindi, Patrick Sullivan, and Chair Richa Awasthi.
ABSENT: None.
STAFF PRESENT: Stefan Chatwin, Executive Director; Ben Stock, General Counsel; Edmund Suen, Finance Director/Treasurer; and Yelena Cappello, Acting Secretary/Recording Secretary.
RESOLUTIONS FOR ADOPTION
UPDATING THE AUTHORIZED SIGNATORIES FOR INVESTMENT ACTIVITIES WITH THE LOCAL AGENCY INVESTMENT FUND ("LAIF"). RESOLUTION NO. 2022-1.
Finance Director/Treasurer Edmund Suen presented the staff report.
Discussion ensued.
Motion by Director Hindi, seconded by Director Gehani, and carried unanimously by roll call vote, 5-0-0, to adopt Resolution No. 2022-1, “Authorized Signatories for Investment Activities with the Local Agency Investment Fund ("LAIF").”
ADJOURNMENT
Hearing no objection from the Foster City Joint Powers Authority, Chair Awasthi adjourned the meeting. Meeting adjourned at 6:36 p.m.
10 CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS The Regular Meeting of September 19, 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 6:36 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 Acting Communications Director/City Clerk/District 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; Robert Marshall, Deputy Fire Chief; Louis Sun, Public Works Director; Derek Schweigart, Parks and Recreation Director; Rob Lasky, IT Manager; Frank Fanara, Parks Manager; Julie Paping, Principal Management Analyst; Francine Magno, Senior Engineer; Shuli Chen, Video Technician and Yelena Cappello, Acting Communications
Director/City Clerk/District Secretary.
SPECIAL PRESENTATIONS
PROCLAMATION DECLARING SEPTEMBER 2022 AS "NATIONAL EMERGENCY PREPAREDNESS MONTH"
Vice Mayor Froomin presented the proclamation Declaring September 2022 as "National Emergency Preparedness Month" to Jim Yoke, San Mateo Consolidated Fire Department Emergency Services Manager.
PROCLAMATION RECOGNIZING SEPTEMBER 2022 AS "SUICIDE PREVENTION MONTH"
Mayor Awasthi presented the proclamation Recognizing September 2022 as "Suicide Prevention Month" to Sheri Boles, member of the San Mateo County Suicide Prevention Committee.
PROCLAMATION DECLARING OCTOBER 5, 2022 AS "CLEAN AIR DAY" 11 Councilmember Gehani presented the proclamation Declaring October 5, 2022 as "Clean Air Day" to Principal Management Analyst Julie Paping.
PUBLIC
The following people addressed the City Council in person:
1. Bill Fried, 1031 Monterey Avenue, regarding SB 9, Regional Housing Needs Allocation (RHNA) and a lawsuit against California Housing Department.
2. Phyllis McArthur, 1415 Marlin Ave, regarding the crosswalk on Marlin Avenue.
The following people addressed the City Council via teleconference:
1. Doug Cheshire, regarding local hire laws and construction apprenticeships.
2. Rich Taylor, regarding revising workforce housing (BMR) eligibility requirements to include classified employees of the school district.
3. Jim Lawrence, regarding a report on the Police Department scorecard.
Rich Taylor addressed the City Council via email regarding revising workforce housing (BMR) eligibility requirements to include classified employees of the school district.
CONSENT CALENDAR
Motion by Councilmember/Director Hindi, seconded by Councilmember/Director Gehani, 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 15, 2022;
2. City Resolution No. 2022-106, “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;”
3. City Resolution No. 2022-107, “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;”
4. EMID Resolution No. 3676, “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;”
5. EMID Resolution No. 3677 “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;”
6. City Resolution No. 2022-108, “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;” 12 7. EMID Resolution No. 3678, “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;”
8. City Resolution No. 2022-109, “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;”
9. EMID Resolution No. 3678 “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”
10.City Resolution No. 2022-110, “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;”
11.EMID Resolution No. 3680, “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.”
12.Minute Order No. 1874, “By Minute Order, Confirm the Master Insurance and Indemnity Requirements Schedule Pursuant to Section 1.04.120 of the Foster City Municipal Code;”
13.Minute Order No. 1875, “By Minute Order, Receive and Accept Foster City Foundation Fund Annual Report of Financial Activities for Fiscal Year 2021-2022.”
NEW BUSINESS
APPOINTMENT OF ONE MEMBER OF THE CITY COUNCIL AND ONE ALTERNATE
TO THE RECREATION CENTER REPLACEMENT PROJECT CONSULTANT EVALUATION TASK FORCE. MINUTE ORDER NO. 1876.
Parks and Recreation Director Schweigart presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried, 5- 0-0, adopting Minute Order No. 1876, appointing Mayor Richa Awasthi as the representative, and Councilmember Patrick Sullivan as the alternate, to the Recreation Center Replacement Project Consultant Evaluation Task Force.
REPORTS
LEVEE IMPROVEMENTS PROJECT (CIP 327-657) - MONTHLY GENERAL UPDATE.
MINUTE ORDER NO. 1877.
Public Works Director Sun presented the staff report.
13 Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried, 5- 0-0, Minute Order No. 1877 was adopted, receiving and accepting the report.
CANADA GEESE POPULATION MITIGATION PLAN. MINUTE ORDER NO. 1878.
Parks and Recreation Director Schweigart presented the staff report.
The following people addressed the City Council in person:
1. Michael Schultz 320 Chesapeake Avenue
2. Angela Stucker, 1000 Foster City Boulevard
3. Antonia Moore, 1919 Alameda, San Mateo
4. Alison Barnard, 1425 Alvarado, Burlingame
5. Erik Allen,
6. Jade Stucker, 1000 Foster City Boulevard
The following people addressed the City Council via teleconference:
1. Carla Cabral;
2. Shireef ElMakawi;
3. Doreen Frega, Animal Protection League;
4. Rasa Petrauskaite; and
5. Dawn M
The following people addressed the City Council via email:
1. Kathie Asaro
2. Jill Fraser Crowley
3. Gina Lane
4. Gary Wonderlin
5. Kristin Lynn
Discussion ensued.
Motion by Vice Mayor Froomin, seconded by Councilmember Sullivan, and carried, 5-0- 0, Minute Order No. 1878 was adopted, receiving and accepting the report and directing staff to engage in a Request for Proposal process to find a consultant to develop a comprehensive Canada Goose Population Management Plan.
RECESS. The meeting recessed at 8:27 p.m. and reconvened at 8:32 p.m.
Without objection from the City Council, Mayor Awasthi took “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 14 Report (EIR) Including Adoption of Findings Under the California Environmental Quality Act (CEQA) and Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) Related to the Proposed Approximately 124,395 Square-foot, Four-story Research and Development Life Sciences Office Use Located at 388 Vintage Park Drive – APN 094-901-270 – W-SW 388 Owner IX, L.P. Steelwave CDS, LLC (Owner and Appellants) – EA2021-0001, RZ2021-0003 and UP2021-0023” out of agenda order at the request of Councilmember Gehani.
OLD BUSINESS
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 (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. CTY RESOLUTION NO. 2022-111. CITY RESOLTION NO. 2022-
12. Community Development Director Subhashini presented the staff report.
Discussion ensued.
Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried, 5- 0-0, adopting City Resolution No. 2022-111, “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.”
Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried unanimously by roll call vote, 5-0-0, to introduce “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 15 388 Owner IX L.P. C/O Steelwave CDS, LLC – Apn 094-901-270 – Neighborhood Vintage Park (VP) – RZ2021-0003” by title and waive further reading.
Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried unanimously by roll call vote, 5-0-0, to pass “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” to second reading.
Motion by Councilmember Hindi, seconded by Vice Mayor Froomin and carried, 5-0-0, adopting City Resolution No. 2022-112, “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.”
RESOLUTIONS FOR ADOPTION
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. CITY RESOLUTION NO. 2022-113. EMID RESOLUTION NO. 3681.
Finance Director Suen presented the staff report.
Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-113, “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 EMID Resolution No. 3681 “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.” AMENDED PAY PLAN FOR FISCAL YEAR 2022-2023. CITY RESOLUTION NO. 2022- 114. EMID RESOLUTION NO. 3682.
Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-114, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan, Effective September 19, 2022” and EMID Resolution No. 3682 “A Resolution of the Board 16 of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan Effective September 19, 2022.”
COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.
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.
COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,
AND CITY/DISTRICT MANAGER REPORTS
City Manager Chatwin stated that September 20 is IT Appreciation Day and thanked IT Manager Rob Lasky, Senior Systems Analyst Aaron Siu, Senior Systems Analyst Chris Dolberg and Technology Analyst Danica Demadura for their work. He encouraged anyone who is interested to apply to the Levee Bond Oversight Committee, which has an open position for a resident and a business member. Applications are due October 6 and more information is available at www.fostercity.org/lboc Councilmember/Director Sullivan congratulated Police Chief Avelar on the great work of the Police Department regarding the recent arrest of robbery suspects. He stated he met with City Manager Chatwin on August 31. He attended the League of California Cities conference, and they discussed affordable housing, surplus land, and support of homeless services, and San Mateo County was recognized for their work. On September 13, he attended the Workforce Housing ribbon cutting event and the Parks and Recreation Committee meeting and thanked Parks and Recreation Director Schweigart and Committee members for their work. He also attended Palestinian Cultural Festival and said it was great event.
Councilmember/Director Gehani thanked City Manager Chatwin, City Attorney Stock, staff, IT Manager Rob Lasky, and his colleagues on the City Council for their work. He attended the 9/11 Memorial Event. On September 13, he attended the Workforce Housing ribbon cutting event and stated it is a sound investment for the Foster City. On September 15, he attended the Commute.org Board meeting, and said this week is Transportation Demand Management (TDM) week, and encouraged comprehensive public transportation solutions. He thanked Senator Becker for introducing SB 917, Seamless Transportation Act, even though the bill did not move forward. On September 19, he attended the Library Joint Powers Authority Board meeting and they discussed the Big Lift Program, restricted library funds approval, and approved 2022-2023 budget.
Councilmember/Director Hindi stated he attended California League of Cities Conference on September 7-9 with Councilmember Sullivan, Mayor Awasthi, City Manager Chatwin, Community Development Director Subhashini and Assistant City Attorney Bazzano. He also attended the Workforce Housing ribbon cutting even on 17 September 13. On August 25, he attended the Peninsula Clean Energy (PCE) meeting and encouraged the community to use the available programs, including solar power rebates. On September 15, he attended the Bay Area Water Supply & Conservation Agency (BAWSCA) meeting and received a report from San Francisco Public Utilities Commission (SFPUC) and discussed alternative water supply for long-term planning.
He reported that the drought is still in effect and encouraged the community to continue conserving water. He thanked Foster City for hosting the Palestinian Cultural Festival and said it was a great event. He requested to agendize a discussion on the police score card, with timing at staff discretion, and Mayor Awasthi and Councilmember Sullivan supported the request.
Vice Mayor/Vice President Froomin stated that he attended Summer Days on August 19-21, including the Rubber Ducky races and said it was a great event. On August 28 he attended the South Bayside Waste Management Authority (SBWMA) subcommittee meeting regarding the new operator slated to start in 2024. On August 27, he attended the dedication of the Japanese Interment Memorial Monument at Tanforan in San Bruno. He requested to agendize a discussion on joining a lawsuit against the California Department of Housing and Community Development (HCD) based on an independent audit of the housing needs assessment, which would be a closed session discussion of the merits and expense of the lawsuit, to be held in the next month. Councilmember Gehani, Mayor Awasthi, and Councilmember Sullivan supported the request.
Mayor/President Awasthi stated that she attended the League of California Cities Conference September 7-9, and the Council of Cities dinner with Councilmember Sullivan in Pacifica on August 26. She also attended Palestine Cultural Day Festival and said it was a great event. She attended several San Mateo Consolidated Fire Department Board meetings and they discussed increased costs of labor and achieved a labor agreement. She reminded everyone that the Cities of Foster City, San Mateo, and Belmont benefit from the Joint Powers Authority as it is cost effective. She attended the Workforce Housing ribbon cutting event, and the HIP Housing self-sufficiency program graduation. She stated that she received requests from community members for a stop sign at the junction of Gull and Crane Avenues, Comet and Polynesia Drives, and the crosswalk on Marlin Avenue. She suggested staff further consider improvements to the permitting process. She requested to agendize an ordinance banning flavored tobacco. Councilmember Gehani and Vice Mayor Froomin supported the request. She requested an accelerated timeline with a Special City Council meeting to be held next week. Councilmember Gehani and Vice Mayor Froomin supported the item to be agendized at the next regular meeting.
CLOSED SESSION
Mayor/President Awasthi recessed the meeting into Closed Session for:
1. Conference with City Labor Negotiators (Pursuant to Government Code Section 54957.6(a))
Agency Negotiators: Stefan Chatwin, Maria Saguisag-Sid
18 Employee Organizations: American Federation of State, County and Municipal Employees (AFSCME), Foster City Police Officers Association and Management Employees
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)
3. Report Out from Closed Session.
Meeting recessed into Closed Session at 10:07 p.m. and reconvened at 11:10 p.m.
City Attorney Stock reported that no action was taken in Closed Session.
ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Awasthi adjourned the meeting. Meeting adjourned at 11:10 p.m.
19 ORDINANCE NO. _____
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
CITY OF FOSTER CITY
THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND ORDAIN as follows:
Section 1. The City Council has reviewed the evidence and recommendations of the Planning Commission and based on facts and analysis in the Staff Reports, written and oral testimony, and exhibits presented, finds:
A.The proposed Rezoning/General Development Plan Amendment would not be detrimental to the general health, welfare and safety of the City of Foster City and will be in furtherance of and in accordance with the General Plan of the City of Foster City because the proposal will:
a.be consistent with the Research/Office Park General Plan Land Use designation of the subject site;
b.redevelop an underutilized site and provide for economic development consistent with Land Use Goals LUC-I and LUC-K, and Policy LUC-D; c.promote sustainability through redevelopment of a vacant, urban site, construction of an energy efficiency building consistent with Policies LUC- H-1 and LUC-H-5;
d.incorporate high-quality architectural design and materials, providing a fresh statement for the neighborhood in a contemporary style and is in keeping with recently approved Gilead lab office buildings in the Vintage Park neighborhood consistent with Land Use Goal LUC-B; and e.provide for adequate on-site parking for safe and effective circulation, consistent with Land Use Goal LUC-G and Policy LUC-G-1.
B.The total square footage of Research and Development in the Vintage Park General Development Plan area will increase by approximately 95,931 gross square feet which will not be detrimental to present and planned surrounding uses because, although it would intensify the land use on the existing site, the redeveloped use would be compatible with surrounding land uses; and 20 C.Existing and proposed utility services and facilities and other public improvements such as fire and police protection; school services; open space and recreation; water supply; wastewater treatment; solid waste and electricity, gas and telecommunications are adequate for the proposed R&D building as analyzed in the Initial Study and Draft EIR.
a.Fire Service. SMC Fire that currently serve the project area have sufficient staffing and capacity to continue serving the site without reducing average response times to the site or vicinity. The proposed project would also be required to meet all applicable fire code regulations.
b.Police Service. The existing number of sworn officers can serve the proposed project.
c.The anticipated increased demand school, open space or recreation facilities are minimal and would not require the expansion of existing facilities. d.Anticipated water requirements or wastewater discharges are expected to be less than the previous restaurant use and will not require the expansion of the existing systems.
e.The amount of solid waste generated will not substantially shorten the life of the landfill; and
f.Other utilities serving the project are expected to be adequate.
D.While project will provide 210 parking spaces where 309 are required under the Foster City Municipal code, a Parking Need Study concludes that overall parking demand without any TDM would range from 168 spaces to 207 spaces, and with 15% non-auto use/TDM would range from 143 to 176 spaces. The project TDM Plan concluded that implementation of plan would result in a 44% reduction of vehicle trip, exceeding the 35% threshold set by C/CAG TDM Policy Update. The proposed parking would be adequate to serve the proposed project. Off-street parking requirements in a PD district, allows for deviation from the total number of required to allow for greater flexibility in required parking capacity tailored to individual projects and trends in mobility options; and E.The Specific Development Plan/Use Permit(s) for the proposed use will be consistent with the Vintage Park Design Guidelines, the Vintage Park Signage Guidelines and the intent and purpose of Chapter 17.58 of the Foster City Municipal Code in order to ensure that the site and building developed will be well designed and attractive, will function in a safe manner, and will relate well to surrounding sites and buildings in the Vintage Park development; and F.The proposed project will not have a detrimental and immitigable financial impact on the City; and
G.The proposed Rezoning will not have any significant adverse environmental impacts and is the subject of an Environmental Impact Report (SCH #2021070398). The Planning Commission reviewed and considered the Final EIR (consisting of the Draft EIR and the Final Responses to Comments Document) and 21 other written correspondence, verbal testimony, staff reports, and background reports on July 7, 2022 and recommended City Council certification of the Final EIR and adoption of the Standard Conditions of Approval and Mitigation Monitoring and Reporting Program (SCAMMRP) by the City Council by adoption of Resolution P-11-22. The Final EIR was certified, and the CEQA findings and SCAMMRP were approved, by the City Council on September 19, 2022 (EA2021- 0001).
Section 2. The City of Foster City Zoning Map is hereby amended to modify the previously approved General Development Plan on the 57-acre portion of the + 132- acres land known as Vintage Park to replace the approximately 11,000 square-foot restaurant use to a C-M/PD Commercial Mix/Planned Development Combining District with an amended General Development plan to allow an approximately 124,395- square-foot, four-story (81-foot-tall) Research and Development (R&D) building including 210 parking spaces located at 388 Vintage Park Drive (APN 094-901-270) as shown on Exhibits A and B of this Resolution, attached hereto and incorporated herein.
Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
Section 4. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.
Section 5. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.
22 This Ordinance was introduced and read on the 19th day of September, 2022, and passed and adopted on the 3rd day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
RICHA AWASTHI, MAYOR
ATTEST:
_____________________________
PRISCILLA SCHAUS, CITY CLERK
23 EXHIBIT A
AMENDED GENERAL DEVELOPMENT PLAN FOR VINTAGE PARK
The CM/PD (Commercial Mix/Planned Development Combining) District zoning of the + 132-acre site in Vintage Park (APNs: 094-122-050; -060; -070; -080; -110; -120; -130; -140; -150; 094-901- 290; -300; -310; -340; -370; -380; -390; -400; -410; 094-904-040; 130; 094-901-250; -260; -270; - 280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094-903-040; 094-904-290; -300; -310; - 320; -330; -340;094-905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; -050; - 060; -070; -080; -090; -100; -110; -120; -130; -140; -150; -160; -170; -180; -190; and 200) is herewith limited and specified as follows:
a. Within the ± 72.59-acre portion of Vintage Park (APNs: 094-122-050; -060; -070; -080; -110; -120; -130; -150; 094-901-290; -300; -310; -340; -370; -380; -390; -400; -410; 094- 904-290; -300; -310; -320; -330; and 340;) to allow development of up to 2,500,600 square feet of corporate biopharmaceutical campus consisting of up to 1,274,000 square feet of maximum office space; 1,203,000 square feet of biopharmaceutical laboratory space; 23,600 square feet of materials storage/warehouse spaces; and ancillary facilities (parking spaces (at-grade and in parking structures), cafeteria, pilot plant, meeting spaces, manufacturing and fitness facilities) with the option to separate vehicular and pedestrian circulation by closing off Lakeside Drive to through-traffic in accordance with the plans on file in the Community Development Department.
b. Within the ± 4-acre portion of Vintage Park (APN: 094-122-140 — 303 Velocity Way), uses shall be limited to development of up to 295,000 square feet of office, research and development, light assembly uses and ancillary facilities (including childcare, cafeteria, and exercise facilities), subject to the prior approval of the City. Parking for the building shall be provided on adjacent properties (APN5: 094-901-290, -300; -310; -340; -370; -380; -390; - 400; -410; 094-904-290; -300; - 310; -320; -330; -340; 094-120-050; -060; -070; -080; -110; -120; -130; and 150) within 300 feet of the building entrance at a ratio of 4/1,000 with a 15% reduction (total of 853 spaces).
c. Within the remaining 57-acre portion of Vintage Park (APNs: 094-904-040; 130; 094- 901- 250; -260; -270; -280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094- 903-040; 094-905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; - 050; -060; 070; -080; -090; -100; -110; -120; -130; -140; -150; -160; -170; -180; -190; and 200) as depicted in Exhibit B, uses shall be limited to allow development of up to ± 202,158 sq. ft. of office space; up to ± 236,763 sq. ft. of research and development space; up to two (2) hotels with a total of 475 rooms of up to ± 353,246 sq. ft.; up to ± 10,803 sq. ft. of restaurant/retail space; and a one-acre lake/open space area, with internal site circulation to be provided in accordance with the plans on file in the Community Development Department. 24 EXHIBIT B
GRAPHIC FOR VINTAGE PARK GENERAL DEVELOPMENT PLAN AREA
25 DATE: October 3, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Yelena Cappello, Acting Communications Director/City Clerk Derek Schweigart, Parks and Recreation Director
SUBJECT: AMEND THE POLICY STATEMENT OF THE PARKS AND
RECREATION COMMITTEE TO CHANGE THE MEMBERSHIP
FROM FIVE TO SEVEN MEMBERS
RECOMMENDATION
It is recommended that the City Council approve a resolution amending the policy statement of the Parks and Recreation Committee, extending the expanded size of the Parks and Recreation Committee from five members to seven members through 2028.
EXECUTIVE SUMMARY
The City Council approved the expansion of the Parks and Recreation Committee from five to seven members at the March 15, 2021 City Council meeting after identifying several key projects/initiatives that may benefit with the assistance from the Parks and Recreation Committee, which can further benefit from expanded membership. The expansion was made on a trial basis, expiring December 31, 2022.
The Parks and Recreation Committee staff liaison (Director of Parks and Recreation) has reviewed the Committee activities and upcoming projects, such as the Parks System Improvement Plan and the Recreation Center 26 Replacement Project (CIP 301-678), and noted that the Committee will benefit from expanded membership through 2028.
Four members' terms will expire December 31, 2022, and the remaining three members' terms expire December 31, 2023. If the expansion of the Parks and Recreation Committee is approved, staff will begin recruitment to fill four vacancies for a full complement of seven members. If expansion is not approved, the recruitment will be for one vacancy for a full complement of five members.
BACKGROUND/ANALYSIS
Foster City has Citizen Advisory Committees established per Foster City Municipal Code (FCMC) §2.36.010 which provides:
Establishment.
The council may, from time to time, by resolution, establish citizens advisory committees. The resolution establishing a citizens advisory committee shall declare the purposes and functions of the committee, its duration, the number of members of the committee, all of whom to be appointed by a majority vote of the council.
Each committee member is appointed to a three (3) year term and serves at the pleasure of the City Council. (FCMC §2.36.050) Committee members may serve no more than two (2) three (3) year terms in succession. Short terms and appointments to fill vacancies are not considered a term. (FCMC §2.36.060)
The Parks and Recreation Committee was established and appointed by the City Council/EMID Board of Directors on April 18, 1963. It consisted of five voting members. Eventually, membership was increased to as many as 11 members. In 2016, the City Council directed staff to disband all committees and establish committees with revised policy statements that decreased the membership to five members with the goal of achieving a more focused effort for the committees. On September 3, 2019, the City Council reviewed and reconfirmed the policy statement, including membership, of the Parks and Recreation Committee. On March 15, 2021, the City Council approved the expansion of the Parks and Recreation Committee from five members to seven members, to accommodate upcoming projects that may benefit from the assistance of the Parks and Recreation Committee, such as the 27 Recreation Center Replacement Project (CIP 301-678), Parks Master Plan, facilities maintenance plan, and recreation programming.
Staff recommends extending the expansion of the Parks and Recreation Committee through 2028 as the expanded membership can continue to assist with ongoing and upcoming projects. The timeframe will allow the Committee to see several major projects through completion and ensure that appointments are made for a full three-year term. If approved, appointments will be made as follows:
Four terms expiring 2022 - four new full terms through December 2025 Three terms expiring 2023 - three new full terms through December 2026
Four terms expiring 2025 - four new full terms though December 2028 Three terms expiring 2026 - three new full terms though December 2029
Four terms expiring 2028 - two new full term through December 2031 (committee returns to five members at the expiration of the terms ending 2028)
The Parks and Recreation Committee’s 2022 Year-End Report, Mission Statement and Goals for 2023 will be presented to the City Council for approval in December 2022/January 2023.
If the resolution amending the policy statement of the Parks and Recreation Committee to extend the expansion of the size of the Parks and Recreation Committee from five members to seven members through 2028 is approved, staff will begin recruitment to fill the four terms expiring December 2022 for a full complement of seven members. If this resolution is not approved, staff will begin recruitment to fill one term on the Parks and Recreation Committee for a full complement of five members.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This item is in alignment with the "City Council Operations and Improved 28 Community Engagement" Value/Priority Area as it promotes resident engagement and full transparency.
Attachments:
Attachment 1 - Resolution
Attachment 2 - Resolution No. 2021-31 and Parks and Recreation Policy Statement
29 RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
AMENDING THE POLICY STATEMENT OF THE PARKS AND RECREATION
COMMITTEE TO EXTEND THE EXPANDED THE MEMBERSHIP FROM FIVE MEMBERS TO SEVEN MEMBERS THROUGH 2028
CITY OF FOSTER CITY
WHEREAS, the Parks and Recreation Committee currently consists of seven voting members appointed by the City Council/EMID District Board, based on membership expanded from five to seven members on a temporary basis expiring December 31, 2022; and
WHEREAS, staff has identified several ongoing and upcoming projects that may benefit with the assistance from an extension of the expanded Parks and Recreation Committee through 2028; and
NOW, THEREFORE, BE IT RESOLVED that the Policy Statement of the Foster City Parks and Recreation Committee is hereby amended as follows:
"Membership: This Committee shall consist of seven (7) voting members appointed by the City Council/District Board on a temporary basis, expiring December 31, 2028."
PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
RICHA AWASTHI, MAYOR
ATTEST:
___________________________________
PRISCILLA SCHAUS, CITY CLERK
30 RESOLUTION NO. 2021-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
AMENDING THE POLICY STATEMENT OF THE PARKS AND RECREATION
COMMITTEE TO CHANGE THE MEMBERSHIP FROM FIVE MEMBERS TO SEVEN
MEMBERS
CITY OF FOSTER CITY
WHEREAS, the Parks and Recreation Committee currently consists of five voting members appointed by the City Council; and
WHEREAS, the City Council at their Vision and Policy Summit identified several key projects/initiatives that may benefit with the assistance from the Parks and Recreation Committee, which can further benefit from expanded membership; and WHEREAS, these projects include the recreation center improvements plan, parks master plan, facilities maintenance plan, and recreation programming.
NOW, THEREFORE, BE IT RESOLVED that the Policy Statement of the Foster City Parks and Recreation Committee is hereby amended as follows:
"Membership: This Committee shall consist of seven (7) voting members on a trial basis expiring on December 31, 2022, as appointed by the City Council." BE IT FURTHER RESOLVED that the new policy statement will become effective on March 15, 2021 and that at the March 15, 2021 City Council meeting three (3) members will be appointed to full three-year terms expiring on December 31, 2023.
PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 15th day of March, 2021, by the following vote:
AYES: Councilmembers Awasthi, Froomin, Hindi, Sullivan, and Mayor Gehani NOES: None
ABSENT: None
ABSTAIN: None
____________________________________
SANJAY GEHANI, MAYOR
ATTEST:
___________________________________
PRISCILLA SCHAUS, CITY CLERK
Attachment 2
31 Policy Statement for Parks and Recreation Committee
Statement of Purpose: The Parks and Recreation Committee serves in an advisory capacity at the pleasure of the City Council through the Parks and Recreation Department Director and staff. The Parks and Recreation Committee shall support the spirit of City Council priorities and Parks and Recreation Department goals and objectives in order to provide for a parks and recreation · program that is responsive to the interests of Foster City citizens and strives for comprehensive community engagement by:
A. Serve as ambassadors of the Parks and Recreation Department through volunteering for Parks and Recreation Department functions.
8. Be the voice of citizen interests relevant to enhancing the community's parks and recreation opportunities.
C. Actively promote and advocate for parks and recreation services that enhance community life.
D. Make recommendations to the City Council on Parks and Recreation Department operations from a pure policy standpoint, pertaining only to programs, levels of services, and capital improvement.
E. Periodically review and make recommendations on the parks and recreation element of the City General Plan.
Membership: This Committee shall consist of seven (7) voting members on a trial basis expiring December 31, 2022, as appointed by the City Council. The term of membership on this Committee shall be as stated in Chapter 2.36 of the Foster City Municipal Code.
Officers: The officers of this Committee shall be the chairman and vice-chairman. Duties of the chairman and vice-chairman shall be as stated in Chapter 2.36 of the City Code for City Committees.
At the first meeting of the members of this Committee, nominations shall be made and the election of the officers accomplished. Subsequently, nominations shall be made and the election of the officers made by the committee as a whole shall be made at the first meeting on or after January 1st of each year.
In accordance with Chapter 2.36 of the City Code, Officers shall serve a term of one year only and shall not succeed themselves.
Meetings: Regular meetings of this Committee shall be held on the 1st Tuesday of each month at 6:30pm in the Sunfish Room, Foster City Recreation Center, 650 Shell Boulevard, Foster City, CA.
Regular, adjourned, and special meetings will follow the procedures as stated in the Chapter
2.36 of the City Code for City Committees and the Ralph M. Brown Act. 32 Annual Report: The Committee shall submit and present a year-end report (Parks and Recreation Committee mission statement, accomplishments and goals) to the City Council.
Committee Support: The Parks and Recreation Director, or the Director's designated representative, shall be available for all meetings to act as an advisor and to perform related services. Action minutes shall be recorded and a copy forwarded to the City Council.
Procedures: All Committee procedures shall be conducted in accordance with Robert's Rules of Order and the Chapter 2.36 of the City Code for the duties of City Committees. The City Manager shall review all Committee recommendations for City Council action before presentation to the City Council in accordance with Chapter 2.36 of the City Code.
33 DATE: October 3, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Frank Fanara, Parks Manager
Tiffany Oren, Recreation Manager
SUBJECT: INCREASING THE APPROPRIATION IN THE FOSTER CITY FOUNDATION FUND (116) ACCOUNT NO. 116-0510-451-
4265 FROM $22,122 TO $100,000 IN FISCAL YEAR 2022-2023
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving an additional appropriation of $77,878 for Fiscal Year 2022-2023 in the Foster City Foundation Fund (116) Account No. 116-0510-451-4265 for a total annual appropriation of $100,000.
EXECUTIVE SUMMARY
The Foster City Foundation Fund consists of funding received through donations and sponsorships. The Parks and Recreation Department typically estimates the annual appropriation needed from the Foster City Foundation Fund (116) as part of the annual budget preparation process. However, during the preparation of the FY 2022-2023 budget, the appropriation of funding for Parks and Recreation related projects was underestimated.
BACKGROUND
Donations to the Foster City Foundation Fund are separated from the General Fund for specific purposes, as allowed under the Citywide Sponsorship and 34 Donation Policy, and are tax deductible to the donor. The Parks Division uses Foundation funds to cover Parks-related programs and expenses, such as the Memorial Bench program, sport court maintenance, and Veterans Honor Wall while the Recreation Division uses funds to support special events such as the Summer Concert Series and Fourth of July Celebration.
The Foster City Foundation Fund (116) budget is part of the overall budget preparation that is done annually each spring. During the preparation of the FY 2022-2023 budget, the Parks and Recreation Department was in the middle of a leadership transition and the appropriation of funding for some Parks and Recreation related projects was overlooked.
ANALYSIS
Foster City Foundation funds are an important funding source for Parks Division projects. The Parks Division manages Foundation funds for the Memorial Bench Program, the Veteran’s Honor Wall Program, and funds contributed to support tennis court maintenance. The Recreation Division oversees Foundation funds earmarked for some special events as well as those received in support of The VIBE Teen Center through the Youth and Teen Foundation. The Foundation funds that are necessary to support these programs is $100,000, which is $77,878 less than what was originally appropriated as part of the FY 2022-2023 budget process. An additional appropriation of $77,878 is necessary to support these programs for FY 2022- 2023.
Funding in the Foster City Foundation is separate from the General Fund and is designated for specific uses. If these funds are not appropriated for use this fiscal year, the funding will remain unspent in the fund, and the programs the funds support will be suspended for the current year and will resume again in FY 2023-2024.
FISCAL IMPACT
Funding is available in the Foster City Foundation Fund (116) for this appropriation. The total appropriation for both Parks and Recreation programs is $100,000 for this fiscal year, which includes $22,122 previously budgeted and an additional $77,878 being requested. The total appropriation is equal to that of previous years.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
35 This action is consistent with City Council "Facilities and Infrastructure" Priority Area and the City’s Vision by maintaining a standard of excellence with regards to City facilities to enhance quality of life for this current and future generations.
Attachment:
Attachment 1 - Resolution
36 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY
INCREASING THE APPROPRIATION IN THE FOSTER CITY FOUNDATION FUND (116) ACCOUNT NUMBER 116-0510-451-4265 FROM $22,122 TO $100,000 IN FISCAL YEAR 2022-2023
CITY OF FOSTER CITY
WHEREAS, a Foster City Foundation budget appropriation of $22,122 was approved in the Fiscal Year 2022-2023 Final Budget for event program expenses; and WHEREAS, an increase in total appropriation, from $22,122 to $100,000, is requested to include Parks Maintenance and Recreation program expenses such as the Memorial Bench program, sport court maintenance, The VIBE Teen Center; and WHEREAS, this funding is available in the Foster City Foundation Fund Balance to support Parks and Recreation special events, program, and maintenance needs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City hereby appropriates an additional $77,878 in funding from the Foster City Foundation Fund Balance to account number 116-0510-451-4265, for a total appropriation of $100,000.
PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the regular meeting held on the 3 rd day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
37 DATE: October 3, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Marlene Subhashini, Community Development Director Marty Cooper, Chief Building Official
SUBJECT: AGREEMENT BETWEEN THE CITY OF FOSTER CITY AND
INTEGRATED DESIGN 360 LLC FOR CONSULTANT
SERVICES FOR DEVELOPING AND ADOPTING A LOCAL
ENERGY REACH CODE; AND AN APPROPRIATION IN THE
AMOUNT OF $127,774 TO ACCOUNT NO. 001-0820-424-4251
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution, authorizing the Mayor to execute an agreement with Integrated Design 360 LLC (ID360) in the amount of $127,774 for developing and adopting a local Energy Reach Code including, but not limited, to performing an electrical capacity study of the City of Foster City, cost effectiveness study, energy savings study, and community engagement; and an appropriation in the amount of $127,774 to Account No. 001-0820-424-4251.
EXECUTIVE SUMMARY
At the August 15, 2022 City Council Regular meeting, the City Council passed and adopted Resolution No. 2022-100 authorizing staff to issue a Request for Proposals (RFP) for consultant services for developing and adopting a local Energy Reach Code. A Reach Code is a local building energy code that goes beyond the state minimum requirements for energy use in building design and construction, creating opportunities for local 38 governments to pave the way for clean air, reduce greenhouse gas emissions (GHGs), address climate change, and renewable energy solutions. Most cities update local building codes, including Reach Codes concurrently with state-required adoption of the 2022 standards.
Adoption of a local ordinance that mandates Reach Codes to implement specific electrification or energy efficiency measures that exceed the state code requirements would need to be submitted to the California Energy Commission (CEC). The documentation would contain the local standards and supporting analysis on the energy savings along with the cost effectiveness of the local regulations. This process allows local governmental agencies to adopt and enforce energy standards for newly constructed buildings, additions, alterations, and repairs to existing buildings provided the CEC finds that the standards will require buildings to be designed to consume no more energy than permitted by Title 24, Part 6.
A RFP was issued on August 16, 2022 with responses due on September 19, 2022 for Reach Code consultant services inclusive of developing and adopting a local Energy Reach Code and performing an electrical capacity study. The City received only one (1) response from ID360. City staff reviewed and evaluated the proposal submitted by ID360, including scope of work, schedule, and budget for developing and adopting a local Energy Reach Code and performing an electrical capacity study. The actual content and scope of the Reach Code Ordinance will be determined based upon the conclusions of the cost-effectiveness/economic analysis, electrical capacity study, energy savings study, and stakeholder input from the City of Foster City residents, property owners, businesses, and potential developers.
The funding account (Account Not. 001-0820-424-4251) is the default account for funding of contracts for professional services.
BACKGROUND/ANALYSIS
At the August 15, 2022 City Council meeting, the City Council adopted Resolution No. 2022-100 authorizing staff to issue an RFP for consultant services for developing and adopting a local Energy Reach Code including performing an electrical capacity study of the City of Foster City, a cost effectiveness study, and community engagement. The RFP was issued following the City Council meeting on August 16, 2022. The City received only one (1) response from ID360.
39 ID360 will provide support to the City of Foster City in developing a custom reach code that is reflective of the electrical capacity in the city. ID360 will provide assistance to staff in developing and adopting policies to develop local Energy Reach Code in accordance with the CEC requirements. ID360 will provide local green building and energy reach code ordinance development support for the 2022 building code cycle. The scope also includes providing technical support to develop ordinance language to present to City Council for adoption. ID360 will collaborate with city staff and stakeholder groups in the creation of new green building and energy policies and guidelines that forward the City’s vision to be a leader in sustainable development, including consideration of but not limited to new construction, alterations, additions tenant improvements, 2022 California Energy Code tiers, 2022 California Green Building Standards voluntary measures, future renewable natural gas via PG&E, and whole building sustainability measures.
ID360 will draw on best-in-class examples and latest advances in technology to promote this goal. ID360 will include the project management and support services required to adopt a local energy reach code Scope of Work.
ID360's Scope of Work (Attachment 3) includes the following six tasks:
Task 1 – Program Initiation and Project Management
Project definition meeting & Develop Schedule
Project Kick-off
Progress Meetings
Task 2 – Perform and Report Initial Research
Preliminary Policy Analysis Report
Presentation, Meeting materials, and attend City Council session
Task 3 – Community Outreach & Develop Draft Policy Criteria Industry stakeholder engagement meetings agenda development, marketing and technical support
Community Engagement meetings agenda development, marketing, and technical support
Develop policy direction matrix with “strawman” model code regulation in excel and update throughout tasks 2 and 3
40 Policy development, cost-effectiveness & research support Statewide cost-effectiveness study analysis and local electrical capacity study
Task 4 - Local Policy Adoption, State Agency and Rollout Codification support
Staff report writing & City Council meeting technical support for code adoption/public hearing
Submittal to the California Energy Commission
Support staff during statewide public comment period
Request CEC Business meeting date & attend CEC business meeting by phone
Support staff to submit to Building Standards Commission Staff stakeholders list & coordination matrix
Task 5 – Permit Applicant Technical Support
Create a video summarizing the Energy Reach Code & Electrification topic
Launch web page, video & news release
Energy Reach Code “Green Carpet Service” technical support via phone, e-mail and virtual counter
Task 6 – Electrical Capacity Study
Develop hourly profiles for mixed fuel and all-electric buildings to represent the major building types within Foster City
Calculate the increase in load going from the status quo to fully electrified for each building type
Review the capacity of the existing utility infrastructure and estimate how much additional distribution capacity is required to support a fully electrified city.
Provide a report and/or presentation to city staff summarizing the results of the study
41 CONCLUSION
ID360 is an experienced green building consulting firm offering Sustainable Policy & Programs and Sustainable Building Services to various local jurisdictions. Their top priority is to ensure that reach code will achieve long- term goals within the City’s Climate Action Plan (CAP) and ultimately result projects achieving energy efficiency. Given their previous experience in performing the Climate Action Plan Assessment for the City of Foster City in 2020-2021, staff agrees that ID360 is uniquely suited to perform these services.
ENVIRONMENTAL DETERMINATION
This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment per CEQA Guidelines Section 15378(b)(5).
FISCAL IMPACT
The cost for ID360 consultant services will be in the amount of $127,774.
Because this is an unfunded initiative, it requires budget appropriation. The amount of $127,774 for the award of contract for Reach Code consultant services will be appropriated to Account No. 001-0820-424-4251. This account is the default account for funding contracts for professional services. 42 Any unused portion will be carried over to FY 2023-2024.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This agreement for consultant services is consistent with the City Council’s “Innovation and Sustainability” value/priority area insofar as it promotes implementation of measures to address greenhouse gas emissions, energy savings and advance the City’s sustainability goals in addressing climate change.
Attachments:
Attachment 1 – Resolution
Attachment 2 – Agreement for Consultant Services
Attachment 3 – Proposal from Integrated Design 360 LLC 43 RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING AN AGREEMENT WITH INTEGRATED DESIGN 360 LLC IN THE AMOUNT OF $127,774 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; AND AN APPROPRIATION IN THE AMOUNT OF $127,774 TO ACCOUNT NO. 001-0820-424-4251.
CITY OF FOSTER CITY
WHEREAS, the City of Foster City wishes to seek qualified consultants to provide Reach Code consultant services inclusive 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; and WHEREAS, on August 15, 2022, the City Council authorized and approved the Request for Proposal (RFP) by adopting Resolution 2022-100 to identify consulting firms with the relevant background and experience to provide such services; and WHEREAS, hiring a consultant firm with qualified personnel who are experienced in the services required will provide assistance to staff in specific areas of technical and professional expertise in developing local Energy Reach Code; and WHEREAS, the City of Foster City issued an RFP on August 16, 2022; and WHEREAS, following issuance of the RFP, the City received one (1) qualified response by the deadline; and
WHEREAS, the proposal submitted by Integrated Design 360 LLC (ID360) shows a clear understanding of the scope of work and most clearly aligned to the deliverables desired by the City of Foster City, in addition to demonstrating ID360 capabilities to meet the City’s expectations for such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute an agreement with Integrated Design 360 LLC and an appropriation in an amount not to exceed $127,774 from the General Fund balance to account 001-0820-424-4251 for FY 2022-2023 and to carryover the unspent appropriation to FY 2023-2024 for consultant services inclusive 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.
44 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHA AWASTHI, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK
45 Reach Code Consultant Services Updated 1/18/2022 1
PROFESSIONAL SERVICES AGREEMENT
FOR
REACH CODE CONSULTANT SERVICES
This Agreement is made and entered into as of the 3rd day of October, 2022 by and between the City of Foster City hereinafter called "CITY" and Integrated Design 360 LLC hereinafter called "CONSULTANT".
RECITALS
This Agreement is entered into with reference to the following facts and circumstances:
WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.
2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written notice to CONSULTANT demanding such cure, in which case 46 Reach Code Consultant Services Updated 1/18/2022 2 CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.
3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.
Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum One Hundred Twenty Seven Thousand Seven Hundred Seventy Four Dollars ($127,774). Invoices for amounts in excess of One Hundred Twenty Seven Thousand Seven Hundred Seventy Four Dollars ($127,774) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.
Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.
CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this 47 Reach Code Consultant Services Updated 1/18/2022 3 Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.
4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.
5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.
6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.
CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.
48 Reach Code Consultant Services Updated 1/18/2022 4 CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.
The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.
8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.
9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.
CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.
10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.
49 Reach Code Consultant Services Updated 1/18/2022 5 CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.
11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.
The duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.
CONSULTANT’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law.
The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained within this Agreement.
12. Insurance. Prior to execution of this Agreement, CONSULTANT shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Contract as set forth in EXHIBIT C, Insurance, which are attached and made a part of this Agreement.
CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and 50 Reach Code Consultant Services Updated 1/18/2022 6 notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).
CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.
13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
14. NON-DISCRIMINATION. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
15. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:
CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Martin Cooper
CONSULTANT: Melanie Jacobson, LEED AP + BD&C, Principal Integrated Design 360 LLC
51 Reach Code Consultant Services Updated 1/18/2022 7 809 Laurel Street #308
San Carlos, California 94070
Phone: 650.830.0042 ext. 01
Email: [email protected]
16. Non-Assignment. This Agreement is not assignable either in whole or in part.
17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
19. Governing Law. This Agreement shall be deemed to have been executed in the County of San Mateo, California. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated by either party shall be brought in the County of San Mateo, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.
20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs.
21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or 52 Reach Code Consultant Services Updated 1/18/2022 8 regulatory agency) which may have an interest in the subject matter of the Services.
22. Liability of CITY.
Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.
CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.
Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.
23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.
24. Force Majeure. Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include the following:
53 Reach Code Consultant Services Updated 1/18/2022 9
Acts of God, fires, floods, earthquake, other natural disasters, epidemics and pandemics (other than COVID-19 or variants), abnormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).
25. Entire Agreement. This Agreement, including Exhibits A, B, C, and D comprises the entire Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.
CITY OF FOSTER CITY
Dated: _________________________________ Richa Awasthi, Mayor
ATTEST:
Dated: ________________________________ Priscilla Schaus, City Clerk
APPROVED AS TO FORM
Dated:
Benjamin Stock, City Attorney
CONSULTANT
Dated:
Melanie Jacobson, LEED AP + BD&C, Principal
Integrated Design 360 LLC
809 Laurel Street #308
San Carlos, California 94070
54 Reach Code Consultant Services Updated 1/18/2022 10
EXHIBIT A
SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND SCHEDULE, AND
DELIVERABLES 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.
SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated October 3, 2022, by and between Integrated Design 360 LLC, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.
Integrated Design 360 LLC consulting services will assist staff in developing and adopting policies to meet the energy reach code goal. Integrated Design 360 LLC (ID360) will provide advisory, policy development, and other services to assist city staff. ID360 will provide local green building and energy reach code ordinance development support for the 2022 building code cycle. The scope includes providing technical support to develop ordinance language and present to City Council for adoption. ID360 will collaborate with city staff and stakeholder groups in creation of new green building and energy policies and guidelines that forward the City’s vision to be a leader in sustainable development, including consideration of but not limited to new construction, alterations, additions tenant improvements, 2022 California Energy Code tiers, 2022 California Green Building Standards voluntary measures, future renewable natural gas via PG & E, and whole building sustainability measures. ID360 will draw on best-in-class examples and latest advances in technology to promote this goal. ID360 will include the project management and support services required to adopt a local energy reach code. See Item 2 scope of work implementation containing the details on activities and deliverables. 55 Reach Code Consultant Services Updated 1/18/2022 11 56 Reach Code Consultant Services Updated 1/18/2022 12 57 Reach Code Consultant Services Updated 1/18/2022 13 58 Reach Code Consultant Services Updated 1/18/2022 14 59 Reach Code Consultant Services Updated 1/18/2022 15 60 Reach Code Consultant Services Updated 1/18/2022 16
PAYMENTS
END OF EXHIBIT A
61 Reach Code Consultant Services Updated 1/18/2022 17
EXHIBIT B
FEE SCHEDULE
62 Reach Code Consultant Services Updated 1/18/2022 18
EXHIBIT C
INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.
This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between Consultant Name, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.
1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested. Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.
1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.
63 Reach Code Consultant Services Updated 1/18/202219 [FOR THE FOLLOWING INSURANCE REQUIREMENTS, PLEASE CONSIDER IF EACH IS APPROPRIATE FOR THE SERVICE TO BE PROVIDED AND FOR THE CONSULTANT. UNCHECK THE CHECKBOX FOR ANY INSURANCE REQUIREMENT THAT IS NOT APPLICABLE. PLEASE CONTACT THE CITY MANAGER’S OFFICE WITH ANY QUESTIONS.]
☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.
1.2 Self-Insured Retention
Any self-insured retentions in excess of $100,000 must be declared on the Certificate of insurance or other documentation provided to City and must be approved by the City Risk Manager.
1.3 Claims-Made Basis Coverage
If any of the insurance coverages required under this Agreement is written on a claims-made basis, Consultant, at Consultant's option, shall either (i) maintain said coverage for at least five (5) years following the termination of this Agreement with coverage extending back to the effective date of this Agreement; (ii) purchase an extended reporting period of not less than five (5) years following the termination of this Agreement; or (iii) acquire a full prior acts provision on any renewal or replacement policy.
2.City as Additional Insured
On Consultant's Commercial General Liability and Automobile policies, the City, its Council members, officers, directors, agents, employees, and volunteers, shall be named as additional insured's, but only with respect to liability arising out of the activities of the named insured. Any endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 1 1 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 1 1 85.
3.Insurance terms and conditions:
3.1 Cancellation of Insurance
64 Reach Code Consultant Services Updated 1/18/202220 The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein. Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein.
Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non- renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.
3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above.
The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.
3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.
3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City, at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance. If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.
3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.
3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies.
Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.
ATTACHED
1. Insurance Coverage Form
65 Reach Code Consultant Services Updated 1/18/202221
EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.
General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:
MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.
Other:
Certificates of Insurance Required (no endorsement needed) (Check all that apply) Insurer Policy No.
Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.
Professional Liability:
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.
SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.
PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.
WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) 66 Reach Code Consultant Services Updated 1/18/202222 ORGANIZATION: TITLE:
ADDRESS:
TELEPHONE: ( ) DATE ISSUED:
67 Reach Code Consultant Services Updated 1/18/202223
EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between ____________________ (“City”) and ____________________________ (“Consultant”) dated ___________________________.
1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.
B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.
C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.
D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.
E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID-19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID-19 Proclamation in connection with the performance of the Services.
2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID- 19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.
3. Compliance with COVID-19 Proclamations.
A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertain to performance of the 68 Reach Code Consultant Services Updated 1/18/202224 Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.
B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID- 19 Proclamations at all times in connection with the performance of their Services.
4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.
5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.
6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.
7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.
8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.
9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]
69 Reach Code Consultant Services Updated 1/18/202225 IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.
CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title
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Consulting Services for Developing a
Local Green Building Standard
Ordinance “Reach Code”
STATEMENT OF WORK
City of Foster City
Web
www.ID360.green
Email
[email protected]
Phone
650.830.0042
Attachment 3
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2 TABLE OF CONTENTS A – Cover Letter B – Project Team C – Executive Summary D – Scope of Work E – Rate Schedule and Project Budget F – Company Background and Experiences G – Recent Projects, References and Case Studies H – Licenses and Certifications 3 4 10 11 16 17 25 31 28
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3 To: Marty Cooper, City of Foster City From: Melanie Jacobson, ID360 Date: 09/19/2022 Re: City of Foster City Energy Reach Code Proposal Dear Marty, Thank you for the opportunity to submit a proposal to support the City of Foster City in developing a custom reach code that is reflective of the electrical capacity in your city. Enclosed is our Statement of Work inclusive of developing and adopting a local energy reach code and a performing an electrical capacity study of the city. Given our previous experience in performing the Climate Action Plan Assessment for the City of Foster City in 2020-2021, ID360 is uniquely suited to perform these services. Thank you for the opportunity to serve the City of Foster City! Primary Contact for this Proposal: Company: ID360 Name/Position: Melanie Jacobson, LEED AP + BD&C, Principal Phone: 650.830.0042 ext. 01 Email: [email protected] Mailing address: Integrated Design 360 LLC 809 Laurel Street #308 San Carlos, California 94070 This proposal is valid for six (6) months. Best regards, Melanie Jacobson Principal A. Cover Letter
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4 Melanie Jacobson, Principal LEED AP BD&C, ICC CALGreen Plans Examiner and Inspector, QWEL Professional Registrations LEED Accredited Professional, U.S. Green Building Council CALGreen Plans Examiner and Inspector, International Code Council Affiliations & Volunteer Chair, CHPS Materials Technical Committee Member, California Building Energy Consultants (CABEC) National Member, U.S. Green Building Council Member, U.S. Green Building Council Northern California Chapter Adopter, 2030 Challenge Member, Collaborative for High Performance Schools (CHPS) Education Bachelor of Science in Environmental Design, Minor in Communication, University of California, Davis, 2004 Design Management, Parsons School of Design, New York, 2002 Melanie Jacobson is Principal of Integrated Design 360 LLC and a green building and sustainable design strategy expert for local governments. Melanie works with local jurisdictions to integrate feasible and applicable sustainable design and operational strategies for planning and building departments in support of city council governance. Melanie brings leadership in zero-net energy and zero-net water policy and implementation. Melanie is a versatile leader and innovator. She has a track record of creating measurable results that are both environmentally sound and cost-effective. Melanie has worked with municipal customers including the City of Palo Alto, the City of Menlo Park, the City of San Mateo, and the City of San Luis Obispo. She has also worked with corporate customers including Safeway, Inc., Apple, Inc., The Ritz Carlton Hotel Company, and Vantage Data Centers. Melanie holds a Bachelor of Science in Environmental Design from University of California Davis. Melanie is the former Sub-Committee Chair of the Sustainable Materials Technical Committee for the CHPS green building rating system. She is a LEED Accredited Professional and certified as a California Green Building Code Plans Examiner and Inspector through the International Code Council. She is a member of the California Building Energy Consultants (CABEC), the U.S. Green Building Council Northern California Chapter, and the Project Management Institute. Representative Work Sustainability Policy & Programs • Climate Action Plan Assessment, City of Foster City • Green Building Program Development, City of Palo Alto • Zero Net Energy Local Reach Code Ordinance, City of Palo Alto • Green Building Ordinance, City of Palo Alto • Electric Vehicle Charging Ordinance, City of Palo Alto • Green Building and Electrification Program, City of Menlo Park • Clean Energy Choice Program, City of San Luis Obispo • Energy Reach Code Development and Adoption, City of South San Francisco • Climate Action Plan Assessment, City of Foster City • Solar Power Mandate Ordinance, City of San Mateo • Electric Vehicle Ready Charging Ordinance, City of San Mateo • Green Building Program, Vantage Data Centers • Sustainable Design & Engineering Program, Digital Realty Trust • Confidential, Ritz Carlton Hotel Company • Confidential, Apple, Inc. • Energy Reach Code Development and Adoption, City of South Lake Tahoe • Energy Reach Code Development and Adoption, City of Agoura Hills • Energy Reach Code Development and Adoption, Town of Truckee • EV Permit Streamlining, City of Los Altos Hills • Energy Reach Code Development and Adoption, City of Culver City Selected Commercial Development Projects • LEED Platinum – Comstock Campus, Santa Clara, CA • LEED Gold - Safeway Store (Flagship), Santa Cruz, CA • LEED Silver - Municipal Transit Authority, San Francisco, CA • LEED Certified - Ritz Carlton Highlands, Truckee, CA B. Project Team
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5 Professional Registrations LEED Accredited Professional, U.S. Green Building Council CALGreen Plans Examiner and Inspector, International Code Council LEED GA, U.S. Green Building Council Wilderness Basics Certified, Sierra Club Education Bachelor of Liberal Arts and Sciences in Sustainability, Minor in Recreation Administration, San Diego State University, 2015 Leila Silver, Project Manager LEED Green Associate, ICC CALGreen Plans Examiner & Inspector, QWEL Ms. DeSilva is a Project Manager with Integrated Design 360. She is committed to sustainable design and construction and ensuring customer satisfaction is achieved on each project. She is skilled at educating others on sustainability concepts and providing superior customer service to our customers. Ms. DeSilva has experience with incorporating green building design concepts into construction documents and supporting architects, engineers and contractors in understanding how to meet a range of environmental standards including CALGreen, CHPS, LEED, T24 Energy Code Compliance, PCBs regulations, and Commissioning requirements. She is certified as a California Green Building Code Plans Examiner and Inspector through the International Code Council. Ms. DeSilva has received her Bachelor of Liberal Arts and Sciences in Sustainability from San Diego State University.
Representative Work Highlighted Projects • Climate Action Plan Assessment, City of Foster City • CHPS Verified, Fremont High School, Oakland, CA • CHPS Verified, Folia PreFAB, Oakland Unified School District • LEED Silver, Ho’okele Shopping Center, Maui, HI • Energy Ready Reach Code, City of Palo Alto • EV Permit & Inspection Guidelines, City of San Mateo • Green Building Program Development, City of Palo Alto • Green Building Ordinance Development, City of San Mateo • Energy Reach Code, City of San Mateo • CALGreen Plan Check & Inspection, City of Palo Alto • Green Building and Electrification Program, City of Menlo Park • Clean Energy Choice Program, City of San Luis Obispo • Energy Reach Code Development and Adoption, City of South San Francisco • Energy Reach Code Development and Adoption, City of South Lake Tahoe • Energy Reach Code Development and Adoption, City of Agoura Hills • Energy Reach Code Development and Adoption, Town of Truckee • EV Permit Streamlining, City of Los Altos Hills • Energy Reach Code Development and Adoption, City of Culver City Programs • Dewatering Monitoring Program, City of Palo Alto • PCBs Compliance Program Development, City of Palo Alto • Deconstruction and Source Separation Program, City of Palo Alto • Green Building Program Administration, City of Palo Alto 75 75
6 Representative Work Projects and Programs • Green Building Program, City of Palo Alto Development Services • Dewatering Monitoring Project, City of Palo Alto Public Works • Education & Outreach Program, City of Palo Alto • Green Carpet Service Program, Various Jurisdictions • ID360 Academy Technical Courses, San Mateo Community College District • Green Code Compliance Quality Control and Special Inspection Support, City of Palo Alto, CA • Land Use Analysis City of Livermore, San Francisco State University • Existing Building Energy & Water Retrofit Analysis, San Francisco State University • Energy Reach Code Development and Adoption, City of South Lake Tahoe • Energy Reach Code Development and Adoption, City of Agoura Hills • Energy Reach Code Development and Adoption, Town of Truckee • EV Permit Streamlining, City of Los Altos Hills • Energy Reach Code Development and Adoption, City of Culver City
Professional Registrations LEED GA, U.S. Green Building Council Education Bachelor of Arts in Environmental Studies with a concentration in Urban Planning, San Francisco State University, 2020 Sonam Kaur, Associate LEED Green Associate Ms. Sonam Kaur is an Associate with Integrated Design 360. She is committed to sustainable design and construction and ensuring customer satisfaction is achieved on each project. She is skilled at educating others on sustainability concepts and excels at providing superior customer service to our customers. She provides program implementation support for the City of Palo Alto’s Green Building and Energy Reach Code Program, as well as the City of San Luis Obispo’s Clean Energy Choice Program. Ms. Kaur has experience with aggregating data sets to analyze water and energy use in buildings and construction projects. Ms. Kaur worked with Marin Municipal Water District where she led the outreach efforts on various infrastructure projects. She also worked with Francisco State University where she lead the Zero Waste education program for students and staff. Ms. Kaur has received her Bachelor of Arts in Environmental Studies from San Francisco State University. 76 76
7 Subcontractor Team Frontier Energy Creative solution to achieve energy goals. A professional consulting firm that specializes in energy efficiency solutions for residential and commercial buildings, food service, transportation and next generation grid. Supercharge utility and CCA investments energy, efficiency and EV programs for residential, multifamily, commercial, and industrial customers with programs, rate design and software. Work with federal, state and local government to support energy and environment goals with codes and standards, regulatory support, data analysis and a focus on equity. Work with new development and building retrofits to design, implement and monitor, and improve energy systems and zero emission fuel infrastructure, including finding incentives and rebates. As energy consulting and research company, Frontier Energy is committed to practicing efficiency and sustainability across all our offices and operations. We believe every employee can help protect the integrity of our planet for future generations. 77 77
8 Alea German, Engineering Manager Alea has worked in the energy field since 2006. Her focus is on whole building energy optimization, technology assessment, and code development, particularly as it relates to zero net energy (ZNE) design. Alea is a skilled energy modeler with over a decade of experience using software including CBECC-Res, CBECC-Com, EnergyPlus, BEopt, eQuest, and EnergyPro. Overseeing Frontier’s energy code consulting services, she has a broad understanding of California’s Title 24, Part 6 code and leads statewide technical code change proposals. For the development of the 2019 and 2022 Residential Title 24 Standards she led the High Performance Walls and Residential Additions and Alterations Codes and Standards Enhancement (CASE) initiatives. Alea provides technical support to local governments on adopting ordinances intended to support meeting local and/or statewide energy and greenhouse gas reduction goals. EDUCATION/CERTIFICATIONS/TRAINING M.S., Mechanical & Aeronautical Engineering, University of California, Davis, 2012 B.S., Mechanical Engineering, Johns Hopkins University, Baltimore, MD, 2003 Registered Mechanical Engineer, State of California (M 36710), 2012 CABEC Certified Energy Analyst (R19-13-30076, NR19-14-30028) FRONTIER ENERGY EXPERIENCE, 2010 TO PRESENT Statewide Title 24 Codes & Standards A. German – 2 • Reach Code Technical Support, 2016 to present - Conduct technical analysis to assist PG&E and local governments in evaluating cost effectiveness of initiatives to support meeting local and/or statewide energy and greenhouse gas reduction goals. Studies have covered efficiency, PV and battery measures, new construction and existing homes, and options that support all-electric designs. • Codes and Standards Enhancements Team, 2016 to present - Leads statewide technical code change proposals that identify cost-effective enhancements to the California Energy Code. This process involves robust stakeholder outreach, market analysis, estimating statewide energy and cost savings, and code language development. Sonoma Clean Power Lead Locally EPIC Project, 2018 to present • Lead technical analysis using annual energy simulation tools to develop optimal retrofit packages. The analysis will evaluate energy, greenhouse gas, and cost impacts of technologies and inform how to package optimal measure combinations and value equipment incentives based on existing home characteristics. U.S. Department of Energy Building America Program, 2010 – 2015 • Marine Climate Deep Energy Retrofit, 2014 • West Village Zero Net Energy Evaluation, 2013 • Evaporative Cooled Condenser Evaluation, 2012 • Air to Water Heat Pump & Radiant Delivery, 2011 – 2012 • Sonoma Passive House Retrofit, 2010 – 2011 78 78
9 Thomas Vagts, Project Manager/Consultant Thomas has led numerous multimillion-dollar projects through a career in the energy industry that spans nearly 30 years. He is a consummate professional in managing projects through design, permitting, construction and commissioning, ensuring every detail is done right. Vagts is a trusted consultant who frequently partners with the Frontier Energy team. He currently is CEO of Reliable and Renewable Energy of Monticello, MN, a company he started to provide solar and backup power to commercial and residential customers. His prior experience includes three years as a national account manager for National Power of Raleigh, NC, eight years as president of Titan Energy Systems of Eden Prairie, MN., and multiple positions with other energy companies managing proposals, business development, sales and engineering projects. EDUCATION/CERTIFICATIONS/TRAINING Master of Business Administration, University of St. Thomas, St. Paul/Minneapolis, Minn. Bachelor of Electrical Engineering, University of Minnesota, Minneapolis/St. Paul, Minn. Professional Engineer, State of Minnesota PROFESSIONAL EXPERIENCE CEO, Reliable and Renewable Energy, Monticello, MN, April 2020-Present • Provides solar and backup power to commercial and residential customers; utilizes Aurora Solar software for system design, financial analysis and customer proposals; systems have ranged from 900 watts to 40 kW; serves as a Generac residential dealer for standby generators, transfer switches and solar battery storage National Account Manager, National Power, Raleigh, NC, Oct. 2017-April 2020 • Led business development for western half of the United States; provided design/build solutions for UPS to inverter replacements, DC power plants, DC battery strings, battery distribution fuse bays and DC bus ducts; provided proposals for data center cooling packages, back-up generators, new buildings and control centers Proposal Manager, Siemens, Minnetonka, MN, Feb. 2017-July 2017 • Coordinated responses to RFPs for electric utility grid control. Proposals included technical responses and pricing for Transmission Network Applications, (TNA) Distributions Network Applications (DNA), Supervisory Control and Data Acquisitions (SCADA) and other applications Business Development, MTU Onsite Energy, Mankato, MN, Jan. 2014-Feb. 2017 • Managed relationships with corporate accounts exceeding $100M per year; identified new opportunities with engineering firms, general contractors, electrical contractors, design/build firms and end users; assisted with project design and provided customer communication from time of quote through delivery and commissioning; provided customer service for equipment failures bringing the right service teams into the solutions. 79 79
10 Stephen Becker, Engineer Stephen is an Engineer-in-training with experience in zero net energy building research, model development, data analysis, and air quality research. He has built an understanding of residential and commercial building mechanical systems and controls through studies that included modeling building energy use and thermal properties, designing temperature control strategies for a building’s radiant-based system to reduce energy use, and testing new control strategies to demonstrate how the addition of solar panels would result in a zero net energy building. Stephen’s skills encompass computer model design, testing and experimental design, equipment inspection and calibration, engineering plans evaluation, and data analysis. EDUCATION/CERTIFICATIONS/TRAINING B.S., Mechanical Engineering, University of California at Davis, 2017 Engineer-In-Training, Mechanical Engineering, State of California, License #165704 FRONTIER ENERGY EXPERIENCE October 2019 to Present • Building energy simulation for multiple research projects, including Sonoma Clean Power’s Optimized Strategies project, Honda’s Smart Home, and the Central Valley Research Homes project (CVRH). • Analysis of energy efficiency compliance options for Title 24. • Modeling of energy efficiency measures for inclusion in reach codes and code development. • Support of field and lab testing for multiple technologies, including phase change materials used for insulation, aerosol air sealing technology, air to water heat pumps, and radiant systems. PRIOR EXPERIENCE Undergraduate Research Engineer, Western Cooling Efficiency Center, Davis, CA, June 2017 – September 2017 (Continuation of Senior Design Project) • Analyzed the engineering drawings of a local commercial building to develop an EnergyPlus computer model of the building and its unique radiant-based HVAC system. • Adjusted the building model’s mechanical, electrical, and thermodynamic characteristics to accurately simulate the building’s energy usage and thermal properties. • Designed temperature control strategies that exploited the unique thermal properties of the building’s radiant-based system in order to reduce energy use. • Utilized the EnergyPlus model to test the energy efficiency of the new control strategies and demonstrate that adding solar panels would result in a zero net energy building. • Conducted studies comparing the energy efficiencies and temperature control abilities of the radiant system and a traditional forced air system used in similar conditions. • Co-authored and presented a comprehensive report describing the findings and methods used to create and validate the building energy model. 80 80
11 C. Executive Summary The City of Foster City is in a continued state of economic growth and development opportunity. The future of Foster City focuses on innovation, technology, and sustainable development. The facilities built within the City must be a reflection of the City’s environmental commitment. The City of Foster City is committed to being a leader in environmental sustainability and has adopted a local Climate Action Plan. The City is currently considering the adoption of a local energy reach Code. If adopted, the energy reach code would align with the 2022 California energy code. The City is seeking consulting services to assist staff in developing and adopting policies to meet the energy reach code goal. Integrated Design 360 LLC is pleased to provide a Time-and-Materials Statement of Work for advisory, policy development, and other services to assist the city staff. We will provide local green building and energy reach code ordinance development support for the 2022 building code cycle. The scope includes providing technical support to develop ordinance language and present to City Council for adoption. The ID360 Team will collaborate with city staff and stakeholder groups in creation of new green building and energy policies and guidelines that forward the City’s vision to be a leader in sustainable development. We will draw on best-in-class examples and latest advances in technology to promote this goal. We will use exceptional writing and communication skills to craft and articulate these policies and guidelines. The approach includes the project management and support services required to adopt a local energy reach code. See Chapter D scope of work implementation containing the details on activities and deliverables. 81 81
Background The City of Foster City staff and community members are committed to environmental sustainability and the proposed local reach code is a reflection of this commitment for facilities built within the city. Goal The goal of this scope of work is to provide policy development and adoption consulting services to support the City to adopt a local energy reach code ordinance in accordance with the requirements of the California Energy Commission (CEC) and reflective of the local building department permit data. The top priority is to ensure the reach code will achieve long-term goals within the City’s Climate Action Plan (CAP) and ultimately result in new development in the City projects achieving energy efficiency. Activities The Workplan is organized into the following tasks and is based on the RFP and our experience in developing similar policies: • Task 1 – Program Initiation and Project Management • Task 2 – Perform and Report Initial Research • Task 3 – Community Outreach & Develop Draft Policy Criteria • Task 4 – Local Policy Adoption, State Agency and Rollout • Task 5 – Permit Applicant Technical Support • Task 6 - Electrical Capacity Study 2022 2023
Task Q4 Q1 Q2 Q3
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
SCHEDULE
D. Scope of Work and Implementation
82 82
13 TASKS SCHEDULE ESTIMATE
# Task Name DurationTotal Hours
Task 1 - Program Initiation & Project Management 34.0 a
o Project Definition Meeting & Develop Schedule: Organize and attend a project definition conference call with the City staff project lead to discuss strategy and overall project. Assumes meeting prep with Agenda, attend meeting, and deliver meeting minutes and project schedule. 1 week 12.0
b
o Project Kick-off: Organize and attend a project Kick off with City Staff to discuss the project scope, goals, timeline and deliverables. Assumes meeting prep with Agenda and PowerPoint, attend meeting, and deliver meeting minutes. 1 Day 12.0 c
o Progress Meetings: Attend a monthly project meeting with City Staff to discuss progress to date on the Workplan and address any coordination items and technical requirements. Monthly 10.0
Task 2 - Perform and Report Initial Research 40.0 d
o Preliminary Policy Analysis Report: Collaborate with City Staff to obtain relevant permit data of the past two calendar years. Perform an analysis of the permit data and suggest permit type(s) that would be most relevant for application of an energy reach code in the City. The report will cover relevant state and local building codes and best practices related to building electrification and energy efficiency of new and existing buildings. The report will contain a range of energy saving building policies feasible for implementation in climate zone 16.
1 week 23.0
e
o Presentation, Meeting Materials, and Attend City Council Session: Provide a memorandum summary of the permit data analysis and energy reach code policy summary suggestions for the City Council study session. The style of content will target a non-technical audience without specialized knowledge in energy codes. Provide content for 12-15 PowerPoint slides to support the meeting. 1 Day 17.0 Task 3 - Community Outreach and Develop Draft Policy Criteria 125.0 f
o Industry Stakeholder Engagement Meetings Agenda Development, Marketing, and Technical Support: Attend and facilitate two (2) 90-minute industry stakeholder engagement meetings with local contractors, architects, and building owners for gathering feedback on the energy reach code regulation. For each meeting the following will be prepared: a) community meeting agendas, b) powerpoints, c) "Event Brite" webpage for signup, d) email blast to stakeholders e) correspondance with community members via email as directed by City staff, f) meeting minutes. Assemble results into a summary table and narrative paragraphs to use in the staff report. 8 weeks 17.0
ID360 WORKPLAN: POLICY DEVELOPMENT & ADOPTION
83 83
14 g
o Community Engagement Meetings Agenda Development, Marketing, and Technical Support: Attend and facilitate two (2) 90-minute community member engagement meetings with local members of the Community for gathering feedback on the energy reach code regulation. For each meeting the following will be prepared:
a) community meeting agendas, b) powerpoints, c) "Event Brite" webpage for signup, d) email blast to stakeholders e) correspondance with community members via email as directed by City staff, f) meeting minutes. Assemble results into a summary table and narrative paragraphs to use in the staff report.
8 weeks 17.0
h
o Develop Policy Direction Matrix with 'strawman' model code regulation in Excel and Update throughout Tasks 2 and 3: Using the list of ideal policy requirements from City Staff, create the outline of the policy language to be used as a baseline. The matrix is a tool to house and think through the details of the possible model code language, the interested community organizations, educational aspects, compliance process, related municipal code sections, etc. The matrix will house the cost- effectiveness results (developed by others). The intent will be to update and revise the document as the project evolves. Assumes initially one iteration and three (3) round of comments and updates. 6 weeks 26.0
i
o Policy Development, Cost-Effectiveness & Research Support: Coordinate project content to align with the results of the cost-effectiveness study. Cost-effectiveness study to be performed by others. Perform policy research to support the changes to the policy criteria in the local municipal code. Perform State and Federal policy research for amendment to the State code within the municipal code. Communicate with State and Federal agency staff, as needed, regarding the evolving policy development direction. 4 weeks 23.0
j
o Statewide Cost-Effectiveness Study Analysis and Local Electrical Capacity Study:
Perform policy research and analysis on the results and recommendations from the 2022 Statewide Cost-Effectiveness Studies for New Construction with respect to local stakeholder input. Provide feedback and recommendations on next steps in summary memorandum.Provide data collection support for a local electrical capacity study. The City will pursue to develop a localized cost-benefit and economic impact analysis (to be performed under task 6). 4 weeks 42.0
71.0 k
o Codification Support: Deliver the Final Policy Matrix to the project team. Attend one meeting with City Staff to finalize the regulation requirements in coordination with the cost-effectiveness consultant. The final version in the Policy Direction Matrix will house the final model code language. It is assumed that the final code will be written and approved by the City Attorney. 3 weeks 29.0
Task 4 - Local Policy Adoption, State Agency Approval, Rollout 84 84
15 l
o Staff Report Writing & City Council Meeting Technical Support for Code Adoption/Public Hearing: Provide technical writing support to assemble Staff Report for model code language. Provide PowerPoint Presentation for Council meeting. Attend one City Council meeting and provide presentation support to City Staff for code adoption. Assumes City Council packet is due six weeks prior to City Council meeting.
Assumes PowerPoint Presentation is due two weeks prior to City Council meeting. 8 weeks 27.0
m
o Submittal to the California Energy Commission: Provide technical writing support to assemble a cover letter to be sent by City Staff to the California Energy Commission.
Work with staff to obtain a wet signature to the City Council approved ordinance. The Submittal to the CEC shall include the Cover letter, Staff Report, Ordinance with wet signatures, and the Cost-Effectiveness Study. Remain in regular communication with the Building Official regarding obtaining notice of receipt from CEC. Work with staff to request assignment of a public comment period and preliminary CEC business meeting date. Note: The CEC will only grant a spot on the Business Meeting agenda after the close of the public comment period. 2 weeks 3.0
n
o Support Staff During Statewide Public Comment Period: Provide technical support to City Staff during the statewide public comment period administered by the California Energy Commission. Address specific questions posed by the CEC and community members during the comment period and before the Business Meeting.
Up to 15
days 3.0
o
o Request CEC Business Meeting Date & Attend CEC Business Meeting by Phone:
Attend CEC Business Meeting, via conference call, to witness approval of local code and to be available to CEC staff immediately following the Business Meeting to address questions. Once approved, work with City Staff to obtain formal letter from CEC for submission to the Building Standards Commission. The City may be required to wait up to 2 months to appear on California Energy Commission Business Meeting agenda.
Assumes 60 Days to complete this task to include waiting time to get on agenda. In the event that updates are needed to the ordinance. 4 Weeks 3.0 p
o Support staff to submit to Building Standards Commission: Support staff to obtain official letter from the CEC to submit to the Building Standards Commission to gain permission to enforce the ordinance. Provide example letter for submittal. 1 week 3.0 q
o Staff Stakeholders List & Coordination Matrix : Work with senior staff to create an internal coordination matrix as a staff management tool to define coordinated efforts for each type of electrical related permit. Document operational procedures and all existing forms, worksheets, checklists and identify new documents to create. Assumes initially one iteration and one (1) round of comments and updates. 1 week 3.0 85 85
16 Task 5 - Permit Applicant Technical Support 96.0 r
o Create a video summarizing the Energy Reach Code & Electrification topic areas: Create technical content, audio voiceover, and editing for a 5-minute compliance video summarizing the energy reach code and electrification related permit processes. ID360 to provide audio content and PowerPoint presentation for video and shall perform editing in Camtasia Software. 4 weeks 41.0 s
o Launch Web Page, Video & News Release: Launch program webpage as developed in Task 2. Work with City Staff to incorporate content, upload guideline, video, and contact info. Provide News Release content for email blasting announcing the new regulation. 1 week 25.0
t
o Energy Reach Code "Green Carpet Service" Technical Support via Phone, Email, and Virtual Counter: Provide initial technical support to building permit applicants and City Staff by phone, email, and virtual counter support services.
Assumes an average of 2-3 hours a week of program support and assumes 2 hours of scheduled "virtual counter hours" each week for the first three months of the program.
Deliver a monthly inquiry log that summarizes program activities. Monthly 30.0 Task 6 - Electrical Capacity Study (To be performed by
Frontier)
288.0
u
o Develop hourly profiles for mixed fuel and all-electric buildings to represent the major building types within Foster City. Both residential and non-residential building types will be evaluated up to five total. Consultant will use standard prototypes developed for other purposes, such as state and local code development. Electric vehicles will be accounted for. 4 weeks 78.0
v
o Calculate the increase in load going from the status quo to fully electrified for each building type. Estimate the impact across the existing building stock on a neighborhood basis. Consultant will work with Foster City staff to segment the city into neighborhood regions that reflect the existing capacity considerations of Foster City. 4 weeks 80.0
w
o Review the capacity of the existing utility infrastructure and estimate how much additional distribution capacity is required to support a fully electrified city. This will be evaluated at the neighborhood level as determined under item 2 above as well as at the city-level. 4 weeks 80.0
xo Provide a report and/or presentation to city staff summarizing the results of the study. Provide Background calculations and spreadsheets as requested by the Client. 4 weeks 50.0
86 86
17 E. Rate Schedule and Project Budget ID360 is proposing to contract on a time and materials basis for labor and travel per diem expenses. The schedule for completing the activities presented in this Statement of Work will be developed in cooperation with the City staff.
FEE SUMMARY
TaskDescription Proposed Fee
Task 1Program Initiation & Project Management $5,922
Task 2Perform and Report Initial Research $7,350
Task 3Community Outreach and Develop Draft Policy Criteria $24,702 Task 4Local Policy Adoption, State Agency Approval, Rollout $13,100 Task 5Permit Applicant Technical Support $16,100
Task 6Electrical Capacity Study $50,500
Task 6 Contract Administration 20% $10,100
Travel Cost
Total Costs: $127,774
Rate (2022) Rate (2023)
$263.00 $271.00
$167.00 $172.00
$116.00 $120.00
Labor Category
Principal
Project Manager
Associate
ID360 HOURLY RATES
Rate (2022) Rate (2023)
$245.00 $250.00
$198.00 $202.00
$165.00 $168.00
$150.00 $153.00
$130.00 $133.00
Senior Analyst
Analyst
Engineering Manager
Senior Engineer
Engineer
Labor Category
FRONTIER HOURLY RATES
87 87
18 F. Company History, Background and Experience
ID360 Information ID360 is an experienced green building consulting firm offering Sustainable Policy & Programs and Sustainable Building Services to City governments across California and the United States. ID360 provides a range of services including local policy development, program management, stakeholder engagement, CALGreen compliance services and, plan check and inspection. Located in Menlo Park, CA, ID360 is proud to be a certified, women-owned small business, utilizing integrated, collaborative processes to improve building performance and government organizational processes. Melanie Jacobson, Principal, founded ID360 in 2011. ID360 has a Dunn & Bradstreet Account with a DUNS number of 83-849-8504. The local organizational structure includes the company’s Principal, Melanie Jacobson, acting as the Principal and Sponsor, with a Program Manager, Project Manager, and Associate assigned to fulfill project commitments.
Project Manager Technician
88 88
19 ABOUT ID360
ID360 is a Menlo Park-based sustainability consulting company with a focus on innovative sustainable design policy, community program development, green building project management, contract education, and strategy consulting. We are experts in green building codes, rating systems, and municipal green building and sustainability programs. We have developed local ordinances and community programs for several local jurisdictions in California including the cities of South San Francisco, Palo Alto, San Luis Obispo, Menlo Park, Foster City, and San Mateo. We utilize integrated, collaborative processes to improve efficiency for buildings and government organizations. We lead in climate change, sustainability, green building, energy efficiency, water efficiency and resilience. Our firm offers a high-quality and on-demand Virtual Help Desk as a green building community program. The Help Desk supports building permit applicants on behalf of the green building program for a city's building department staff. We have worked with several private sector clients to advance their sustainability goals including Safeway, Inc., Alexander and Baldwin, Vantage Data Centers, and Hensel Phelps Construction Co. ID360 is a Woman-Owned Small Business (WOSB), Small Business Enterprise (SBE), and Disadvantage Business Enterprise (DBE). We are fully certified by the state and federal government. Melanie Jacobson, Principal founded ID360 in 2011.
We are all about decarbonizing our buildings and communities. Projects Ordinances Community Programs Certifications 1M metric tons of CO2 emissions reduction 102M gallons of water saved 18M BTU of energy saved SERVICES • Policy Development & Adoption • Green Building Certification & Wellness Consulting • Community Program Development & Implementation • Green Building Virtual Help Desk • Local Government Operational Support • Community College Partnerships & Industry Exam Preparation 89 89
20 Services
Supporting City Managers, Planning Directors, Building Officials, and Public Works Directors in Demonstrating Green Building and Sustainability Leadership! 90 90
21 Sustainable Policy and Program Services
Sustainable Policy and Program Services
Supporting organizations in fulfilling sustainability goals. Sustainability & Climate Action Implementation Support Services We offer sustainability and climate action plan implementation services to clients enabling organizations to fulfill on their sustainability objectives. Our services are flexible to meet the needs of our customers. .
Policy Development & Facilitation Support Services We support the development of new local policy to reflect the community commitment to sustainability, climate change, green building, electrification, electric vehicles, and Construction & Demolition. and resilience.
Staff Extension Support Services Some specific initiatives do not require new staff but instead would be better fulfilled by professional program managers. Our staff is available for program management via on-site or remote services. Strategy & Governance Strategic services to assist senior management in developing and creating innovative solutions to complex challenges. Program Management Sustainability program support services to turn sustainability and climate action visions into reality. We create intelligent systems to fulfill on program requirements. Project Management Project Management services aimed to deliver projects on-time and on-budget.
Policy Support Support the development of local policies around sustainability, green building, climate change, and resilience. Stakeholder Engagement Coordination support for stakeholder groups tasked at producing a measurable result. Stakeholder Meeting Support Strategy and technical support to conduct and facilitate stakeholder meetings or when speaking before elected officials.
Virtual Green Building Help Desk Professional staff ready to take questions and facilitate results for public customers. Education & Outreach Support Professional education & outreach to support community engagement. Plan Check Support & Training Technical Plan check to enforce codes and standards. Inspection Support & Training Field inspection to enforce codes and standards. 91 91
22 Clients Public Sector Clients
Demonstrating Leadership in Climate Change and Sustainability From decarbonizing buildings to implementing new bold policies, ID360 provides consulting services to help fulfill sustainability goals and position your organization and community as a sustainable leader for the future. 92 92
23 We have developed an innovative service model to support our clients using our Virtual Help Desk for Sustainable Community Programs.
Helping City Officials Lead and Administer Sustainability Programs with Confidence The ID360 staff has been working on green building and energy regulations with local city officials on the SF Peninsula since 2014. The rapidly changing economics and policies related to green building and energy codes can seem like a moving target to city leaders. The changing policies increase the environmental stewardship responsibilities of city officials while staff seem to have less and less time to devote to these complex challenges. Community members are requesting staff attention be put on these subjects and city officials are seeking methods to lead in the community. ID360 has developed the Green Carpet Service for City Officials by leveraging our expertise, technology, and superior customer service to provide exceptional resources regarding green building and energy related codes. We are here to help your staff lead and are always available when you need us! Virtual Help Desk
Example Virtual Help Desk Visit www.greencarpetservice.com/COPA to view example active site. 93 93
24 Our Green Building Officials Are On-Demand at Your Service! ™ We know it isn’t easy keeping up with the ever-changing sustainability guidelines, rules and regulations of the building industry. We are here to help! We provide expert and reliable technical support and are on-call and ready to help.
Applicant
Email
Help Desk Tickets & Next Business Day Response Time
Live Chat Monday-Friday 9am - 12pm PST, excluding holidays Virtual Help Desk
94 94
25 ID360 Academy
In partnership with the College of San Mateo, we can offer a Green Building Certificate to your staff to help them stay up to speed to implement the city’s innovative policies! Keep your staff up to date with our comprehensive 4-day bootcamp to teach building officials, plan checkers, and special inspectors about the California Green Building reach codes and code compliance. We are here to help! Enterprise pricing available Established 2020
95 95
26 Description of Recent Projects/References / Case Studies ID360 is a green building consulting firm serving clients throughout California and the United States. We assist our clients in setting specific environmental building objectives, and we work with personnel to achieve extraordinary results. We use calculated and proven techniques to lead teams to meet energy-efficient and environmentally responsible goals. ID360 has worked with many other cities in California to develop local green building and energy reach code programs. Examples of other cities, including the additional information about each project can be found on the following pages. The firm has consulted on numerous projects with expert advice around local Energy Reach Code development and compliance. We have assisted projects in meeting the specified environmental building standard. This expertise has enabled the firm to provide leadership to architects, engineers, inspectors, contractors, and building owners. ID360’s prior experience is outlined in the following contracts:
G.
PROJECT NAMESTART - END DATECLIENT NAME AND INFO FOR REFERENCE EV and Electrification Reach Code Development for the City of South San Francisco 11/2020-PresentMs. Christina FernandezAssistant City Manager, Chief Sustainability Officer City of South San FranciscoPhone: (650) 272-7431 Email: [email protected] Development and Implementation for Local Energy Reach Code "Clean Energy Choice Program" for the City of San Luis Obispo 8/2020 -PresentMs. Teresa McClishSpecial Projects Manager City of San Luis ObispoPhone: 805.783.7840 Email: [email protected] Building Ordinance and Energy Reach Code Ordinance Development and Support to City Departments for the City of San Mateo 06/2015-01/2017Ms. Kathy Kleinbaum Deputy City ManagerCity of San MateoPhone: (650) 522-7153 Email: [email protected] Green Building Program Management for the City of Palo Alto, Green Building and Energy Reach Code Development and Rollout 8/9/2014-Present, Three contract awards
Mr. David ChungAssistant Building Official, City of Palo AltoEmail: [email protected]: (408) 846-0451 96 96
27 CASE STUDY CITY OF PALO ALTO PROGRAM DESCRIPTION Since 2014, ID360 has supported the City of Palo Alto to ensure the highest quality control and implementation management for the roll-out and enforcement of the Green Building Program. ID360 supports an interdepartmental group of staff stakeholders to ensure the green building and energy policy is enforced properly on projects during the Planning, Plan Check, Inspection, and Post-Occupancy phases. ID360 has developed a customized program to sync with the entitlement process and compliance procedures. As a strategy & policy consultant to the City of Palo Alto, ID360 has worked with stakeholders and city staff to adopt and implement local green building and energy reach code regulations that are more aggressive than the State of California requirements.
PROGRAM HIGHLIGHTS
Green Building and Energy Reach Code Ordinance development assistance Stakeholder engagement and public meeting facilitation
Program coordination amongst city planning and building departments Entitlement support for green building and energy compliance Plan check and inspection support for green building and energy regulation Green Building Help Desk technical support staff
Building Electrification Study
City Council and Commissions presentations and technical support
97 97
28 CASE STUDY CITY OF MENLO PARK PROGRAM DESCRIPTION ID360 teamed with DNV-GL to create an innovative LEED Review Program for the City of Menlo Park. The ID360 staff incorporated our proven green building program design elements as a guide to inform the structure, strategy, and delivery model. The program is a pathway for the enforcement of the local municipal green building ordinance. The program ensures the highest level of quality control and implementation management for the roll-out and enforcement of the Green Building Program. The program is designed to create predictability and transparency for the project applicants in all phases of Planning, Plan Check, and Inspection.
PROGRAM HIGHLIGHTS
Development of LEED Review Compliance Instructions aimed to support city staff in maintaining a predictable compliance pathway for public applicants Custom green inspections program to help staff streamline operations Program coordination to support the city’s planning and building departments Entitlement compliance support for local LEED municipal requirements Plan check and inspection compliance procedures for local green building and energy regulation using the LEED Rating System as a guide.
*CONFIDENTIAL*
98 98
29 CASE STUDY CITY OF SAN MATEO PROGRAM DESCRIPTION The City of San Mateo Climate Action Plan outlines progressive measures related to the built environment concerning renewable energy, energy efficiency, and electric vehicle (EV) charging. ID360 supported city staff and stakeholders to create a solar power mandate and EV charging infrastructure policy to comply with the requirements within the City of San Mateo Climate Action Plan. The policy focuses on a solar power mandate and EV charging infrastructure for new commercial, multi-family, and single-family residential construction.
PROGRAM HIGHLIGHTS
Solar Power & EV Charging Infrastructure development assistance Coordination with California Energy Commission staff for Energy Reach Code compliance and public comment Project alignment and compliance with the Climate Action Plan Plan check compliance guideline for green building and energy regulation City Council and Commissions presentations and technical support
99 99
30 CASE STUDY CITY OF SOUTH SAN FRANCISCO PROGRAM DESCRIPTION The City of South San Francisco has a unique set of circumstances and challenges related to reach code. ID360 was contracted to support the City in the adoption of a local Energy Reach Code and EV Reach Code and address the policy barriers present in the city. Our team has assisted staff in developing and adopting policies to meet the Energy Reach Code and Electric Vehicle Charging Ordinance goals. ID360 has provided advisory, policy development, and program design and implementation services. The project approach included the project management and support services required to adopt a local Energy Reach Code based upon the model ordinances developed by Peninsula Clean Energy (PCE) which include all electric and mixed-fuel scenarios. The project was coordinated with a team of internal stakeholders to define the policy requirements. ID360 worked with city staff, and other supporting consultants, to develop the reach code criteria for local adoption.
PROGRAM HIGHLIGHTS
Energy Reach Code policy research and development support Electric Vehicle Charging Infrastructure ordinance development Community outreach and city council meetings support
Policy and program roll-out support in alignment with compliance strategy
100
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31 CASE STUDY CITY OF SAN LUIS OBISPO PROGRAM DESCRIPTION ID360 worked with city staff to develop a comprehensive and easy-to-follow compliance program for the Clean Energy Choice Program. The program is for new buildings and is an energy reach code ordinance that outlines local amendments to the 2019 California Energy Code, Title 24, Chapter 6. For residential construction, the ordinance addresses two energy compliance pathways, the all-electric design and the mixed-fuel design. All newly constructed mixed-fuel design buildings must also meet the city’s Enhanced Building Energy Performance and Pre-Wire “Retrofit Ready” requirements for the electrification of future systems. This includes readiness for future systems including heat pump water heaters and all-electric stoves. Buildings designed as all-electric, without the presence of natural gas, are exempt from Enhanced Building Energy Performance requirements. New low-rise single-family buildings, including townhomes and duplexes, and new multi-family buildings are required to demonstrate compliance. PROGRAM HIGHLIGHTS Compliance program development and start-up of program operations City staff and community education and outreach
Program alignment and compliance with the Climate Action Plan Plan check compliance guideline for green building and energy regulation Green Carpet Service technical support for the community
101
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32 Licenses & Certifications Integrated Design 360 ID360 LLC, DBA ID360 DUNS# 83-849-8504 State of California LLC # 201115710131 established 06/2011 Melanie Jacobson LEED Accredited Professional, BDC Green Building Certification Institute #10109707, expires 1/02/2024 CALGreen Inspector/Plans Examiner International Code Council #8273765 expires 01/21/2023 Woman Owned Small Business, Small Business Administration (WOSB) SBA Certified 2/16/2021 Small Business Enterprise, California (SBE) Certification # 1752701 Disadvantaged Business Enterprise, California (DBE) Certification #: 49268
102
102
33 103
103
DATE: October 3, 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: Louis Sun, Public Works Director
SUBJECT: CONVERTING TWO (2) ASSISTANT ENGINEER/ ASSOCIATE CIVIL ENGINEER POSITIONS TO TWO (2) FLEXIBLY
STAFFED POSITIONS THAT INCLUDE SENIOR CIVIL
ENGINEER
RECOMMENDATION
It is recommended that the City Council/District Board adopt the attached resolutions converting two (2) Assistant Engineer/Associate Civil Engineer positions to two (2) flexibly staffed positions that include the Senior Civil Engineer level assignment.
EXECUTIVE SUMMARY
Currently, there are three (3) vacant out of five (5) authorized Assistant Engineer/ Associate Civil Engineer positions in the Public Works Department Engineering Division. The City has conducted multiple recruitments without successfully attracting candidates for the positions. Converting two (2) Assistant/Associate positions to “flex” positions that include Senior Civil Engineer is recommended to encourage candidates to see the potential for upward mobility and, once hired, will be more likely to remain due to the potential for promotion.
104
BACKGROUND
Currently there are three (3) vacant Assistant Engineer/Associate Civil Engineer positions out of five (5) authorized positions in the Public Works Department Engineering Division. Staff has conducted recruitment processes three times, starting in the third quarter of 2021. Several employment offers have been made to potential candidates, but all offers have either been declined outright or have been accepted only for the candidate to back out before the start date. Staff has observed that there are fewer and fewer applicants during each recruitment process.
The City/District’s engineers are the “front line” for delivering the Capital Improvement Program, which is the backbone of the City/District’s infrastructure. There are currently thirty-two (32) open capital improvement projects. While staff is diligently managing these projects, out of necessity they are being prioritized in order to account for the limited available staff.
ANALYSIS
Staff recommends converting two (2) Assistant Engineer/Associate Civil Engineer positions to two (2) flexibly staffed positions that include the Senior Civil Engineer level assignment. By making the positions flexibly staffed, the City has the ability to promote through the ranks from Assistant Engineer to Associate Civil Engineer to Senior Civil Engineer based on time in grade and qualifications or for Management to hire staff at the higher levels if candidates possess the required qualifications. It is anticipated that candidates who see the potential for upward mobility will be more willing to make the move to a new agency. Further it is expected that engineers, once hired, will be more likely to remain with the City as they recognize the potential for promotion.
FISCAL IMPACT
The total cost in salary and benefits to reclassify one (1) Associate Civil Engineer to a Senior Civil Engineer for a 12-month period is $29,266 assuming benefits are held constant and both positions are at Step 5. To reclassify two (2) Associate Civil Engineers, the total fiscal impact will be $58,532. For the remaining 9 months in FY 2022-2023 (October 2022 through June 2023), the fiscal impact is approximately $43,900.
The costs will be split among the General Fund and the Enterprise Funds 105
based upon the distribution of projects in the various funds. Of the total, approximately 45% is funded from the General Fund and 55% from the Enterprise Funds. Due to current salary savings, no additional funds need to be appropriated at this time.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This action is consistent with the City’s mission to deliver customer-focused services and the "Facilities & Infrastructure" Value/Priority Area as it provides for the engineering staff needed to manage the Capital Improvement Program.
Attachments:
Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - Organization Chart
106
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY CONVERTING TWO (2) ASSISTANT ENGINEER/ASSOCIATE CIVIL ENGINEER POSITIONS TO TWO (2) FLEXIBLY STAFFED POSITIONS THAT INCLUDE SENIOR
CIVIL ENGINEER
CITY OF FOSTER CITY
WHEREAS, there are three (3) vacant out of five (5) authorized Assistant Engineer/Associate Civil Engineer positions in the Public Works Department Engineering Division. The City has conducted multiple recruitments without successfully attracting candidates; and
WHEREAS, converting Assistant Engineer/Associate Civil Engineer positions to “flex” positions that include Senior Engineer will help to attract and retain Engineering staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby convert two (2) Assistant Engineer/Associate Civil Engineer positions to two (2) flexibly staffed positions that include Senior Engineer.
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
RICHA AWASTHI, MAYOR
ATTEST:
____________________________________
PRISCILLA SCHAUS, CITY CLERK
107
RESOLUTION NO._________
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT CONVERTING TWO (2) ASSISTANT
ENGINEER/ASSOCIATE CIVIL ENGINEER POSITIONS TO TWO (2) FLEXIBLY
STAFFED POSITIONS THAT INCLUDE SENIOR ENGINEER
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, there are three (3) vacant out of five (5) authorized Assistant Engineer/Associate Civil Engineer positions in the Public Works Department Engineering Division. The City has conducted multiple recruitments without successfully attracting candidates; and
WHEREAS, converting Assistant Engineer/Associate Civil Engineer positions to “flex” positions that include Senior Engineer will help to attract and retain Engineering staff.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby convert two (2) Assistant Engineer/Associate Civil Engineer to two (2) flexibly staffed positions that include Senior Engineer.
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 3 rd day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
RICHA AWASTHI, PRESIDENT
ATTEST:
____________________________________
PRISCILLA SCHAUS, BOARD SECRETARY
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PUBLIC WORKS DEPARTMENT
PROPOSED ENGINEERING DIVISION STRUCTURE
OCTOBER 2022
PW
Director
Engineering
Manger
Senior
Engineer
Associate /
Assistant
Engineer
Sr. Engineering
Technician
Sr Engineering
Technician
Assistant /
Associate
Engineer (4)
Department
Interns
PW
Director
Engineering
Manger
Senior
Engineer
Associate /
Assistant Engineer
Sr. Engineering
Technician
Sr Engineering
Technician
Assistant /
Associate / Senior
Engineer (2)
Department
Interns
Assistant /
Associate Engineer
(2)
Current
Proposed
Attachment 3
109
DATE: October 3, 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: Louis Sun, Public Works Director
SUBJECT: RECLASSIFYING ONE (1) PART TIME OFFICE ASSISTANT II
POSITION TO A FULL-TIME ADMINISTRATIVE ASSISTANT I
POSITION, ELIMINATING ONE (1) PART TIME OFFICE
ASSISTANT II POSITION, RECLASSIFYING ONE
MANAGEMENT COORDINATOR POSITION TO A
MANAGEMENT ANALYST AND APPROPRIATING $81,587 IN
THE PUBLIC WORKS DEPARTMENT EMPLOYEE SERVICES
ACCOUNTS IN FISCAL YEAR 2022-2023
RECOMMENDATION
It is recommended that the City Council approve the attached resolutions:
1. Reclassifying one (1) part time Office Assistant II position in the Public Works Department to a full-time Administrative Assistant I position effective immediately; and
2. Eliminating one (1) part time Office Assistant II position in the Public Works Department effective July 1, 2023; and
3. Reclassifying the Management Coordinator position in the Public Works Department to a Management Analyst I effective immediately; and
4. Appropriating $81,587 in the Public Works Department Employee Services Accounts in Fiscal Year 2022-2023
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EXECUTIVE SUMMARY
Given the completion of the transition of the Building and Vehicle Maintenance Divisions to the Public Works Department, the need for consistent and reliable administrative coverage for all Public Works divisions, the anticipated retirement of a full-time Administrative Assistant at the end of the calendar year, and the workload of projects in the Department, an internal evaluation of administrative staffing has concluded that converting two part time Office Assistant II positions to one full time Administrative Assistant I position and converting the existing Management Coordinator position to a Management Analyst I position will provide the most effective staffing configuration to support the Department’s needs consistent with the preliminary results of the pending classification plan.
The cost to convert the two part time Office Assistant II positions to one full time Administrative Assistant I position is approximately $52,500 per year. The cost to reclassify one Management Coordinator to Management Analyst is approximately $30,400 per year.
BACKGROUND
At the start of FY 2019-2020, the Parks and Recreation Department consisted of four divisions: Recreation, Parks Maintenance, Vehicle Maintenance and Building Maintenance. Midway through the fiscal year, the Building Maintenance and Vehicle Maintenance Divisions were transferred from the Parks and Recreation Department to the Public Works Department. This shift was reflected in the Fiscal Year 2020-2021 budget.
In January 2021, the City underwent a restructuring to consolidate the Public Works and Parks Departments into a single department. The consolidated structure unified three divisions (Public Works Engineering, Public Works Maintenance (Streets/Lagoon, Water, Wastewater), and Parks/Facility Maintenance (Building/Vehicle Maintenance)) under the Public Works Department, and transitioned the Recreation Division as a newly formed Community Services Division under the City Manager Department. This shift was reflected in the Fiscal Year 2021-2022 budget.
In September 2021, the newly appointed Interim City Manager announced the restoration of the Parks and Recreation Department, absent a Parks and Recreation Director due to the pending recruitment for a permanent 111
City/District Manager. During this transition period, key leadership positions (namely the Parks and Recreation Director and the Public Works Director positions) remained vacant.
Once a permanent Public Works Director was appointed in November 2021, followed by the appointment of a Parks and Recreation Director in May 2022, during the preparation of the budget in late Spring 2022, it was confirmed that the Building Maintenance and Vehicle Maintenance divisions would remain in Public Works. One (1) half-time Office Assistant was transferred from the Parks and Recreation Department to the Public Works Department to administratively support the Building and Vehicle Maintenance Divisions.
The Management Coordinator position in the Public Works Department has been vacant, with some duties handled by an employee in an acting capacity, since September 2021 when the incumbent in the position accepted a temporary acting assignment as Principal Management Analyst in the City Manager’s Office. The Principal Management Analyst appointment was made permanent in July 2022, making it possible to fill the now-vacant position in the Public Works Department at that time.
ANALYSIS
Given the significant organizational transitions and the uncertainty that has accompanied them, the Public Works Department has only now been able to successfully evaluate the support needs of the department. Because support staff is shared across divisions and division assignments were fluid over the past three years, it was previously challenging to understand where the gaps existed.
The Public Works Department currently employs the following 4 full-time equivalent (FTE) administrative staff to support a Department of 46 full-time personnel:
1 FTE Management Coordinator supports the Director and department- wide initiatives and administrative needs (vacant and recommended to be reclassified to Management Analyst)
1 FTE Administrative Assistant I supports Engineering and department- wide
1 FTE Administrative Assistant II supports Water, Wastewater, Streets, and Lagoons (anticipated vacancy in December 2022)
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0.5 FTE PT Office Assistant II supports Water, Wastewater, Streets, and Lagoons
0.5 FTE PT Office Assistant II supports Buildings and Vehicles
Administrative staff is crucial to the Public Works organization. The Public Works Department employs staff who are technically proficient to build and maintain critical infrastructure. The professional administrative staff provide services that ensure that the skills of this technical cadre are maximized by supporting Department priorities through routine support functions such as bill paying, payroll processing, records tracking and retention, project tracking, and interfacing with and directing the public.
In addition to their primary Division assignments, these individuals also share daily telephone coverage during business hours and other backfill (accounts payable, counters, etc.) during vacations and as needed. Coverage has been an issue at times in the existing staffing model when part time employees’ schedules have not been adequate to cover a full day.
Based upon the discussion above, Staff recommends reclassifying one part time Office Assistant II to a full time Administrative Assistant I and eliminating the second part time Office Assistant II position.
Staff further recommends reclassifying the Management Coordinator to Management Analyst. The Management Coordinator serves as to support the Director and to support the operation as a whole. The position manages the solar rebate program, the compost rebate program and the records retention program as well as supporting solid waste “green events” logistics. It is anticipated that this position will support the Director in his role as Bay Area Water Supply and Conservation Agency (BAWSCA) liaison including managing the water conservation rebate program and will assist with general program management, contract and insurance review, report writing, budget development and grant research and writing, especially for the transportation related grants. While the Management Analyst would potentially continue to provide day-to-day administrative support and oversight of the administrative staffing function of the Department, the expectations of the program assignments creates the need for a higher level analytical skill set. As an ancillary benefit, creation of this position expands opportunities for internal advancement and provides for succession planning and/or cross training for program responsibilities currently managed by other assigned Department analysts and management staff.
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In terms of timing, staff recommends implementing the reclassifications immediately but waiting to eliminate the second part time Office Assistant II position until later in the fiscal year after the permanent replacement is completed for the anticipated retirement. This will provide for a smoother transition for the Department and will also give the affected personnel several months to find a new position prior to elimination of the part time Office Assistant II position.
If approved, the following positions would provide administrative support to the Public Works Department:
1 FTE Administrative Assistant I supports Director and Engineering 1 FTE Administrative Assistant II supports Water, Wastewater, Streets, and Lagoons
1 FTE Administrative Assistant II supports Buildings and Vehicles as well as Water, Wastewater, Streets, Lagoons
In addition, the Department would employ the existing Principal Management Analyst and the new Management Analyst I (former Management Coordinator) to provide professional independent analytical support, such as program management, policy research and implementation and budget analysis and development.
FISCAL IMPACT
The total cost in salary and benefits to reclassify one (1) part time Office Assistant II (Step 5) to one full time Administrative Assistant I (Step 2) for the remaining 9 months of FY 2022-2023 (October 2022 to June 2023) is approximately $58,760. When the second part time Office Assistant II position is eliminated in FY 2023-2024, the cost will be offset such that the 12 month ongoing cost will be approximately $52,554 annually. These costs are split between various accounts and divisions as detailed in the attached resolutions with 10% of costs allocated to the General Fund, 40% of costs allocated to Enterprise Funds and 50% of costs allocated to Internal service Funds.
The cost to reclassify one Management Coordinator to Management Analyst is approximately $22,827 for the remaining 9 months of FY 2022-2023 (October 2022 to June 2023) and approximately $30,430 annually thereafter. 114
These costs are split between various accounts and divisions as detailed in the attached resolutions with 32% of costs allocated to the General Fund, 50% of costs allocated to Enterprise Funds and 18% of costs allocated to Internal service Funds.
In order to implement the reclassifications in Fiscal Year 2022-2023, an appropriation of $81,586.52 in the Employee Services accounts in the Public Works Department is recommended.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS
This action is consistent with the City’s mission to deliver customer-focused services and the Facilities & Infrastructure Priority Area as it provides support for the maintenance function.
Attachments:
Attachment 1 - City Resolution
Attachment 2 – EMID Resolution
Attachment 3 - Organization Chart Diagrams
115
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY RECLASSIFYING ONE (1) PART TIME OFFICE ASSISTANT II POSITION TO A FULL- TIME ADMINISTRATIVE ASSISTANT I POSITION, ELIMINATING ONE (1) PART TIME
OFFICE ASSISTANT II POSITION, RECLASSIFYING ONE MANAGEMENT
COORDINATOR POSITION TO A MANAGEMENT ANALYST AND APPROPRIATING $81,587.00 IN THE PUBLIC WORKS DEPARTMENT EMPLOYEE SERVICES ACCOUNTS IN FISCAL YEAR 2022-2023
CITY OF FOSTER CITY
WHEREAS, there is a need for consistent and reliable administrative coverage for all Public Works divisions; and
WHEREAS, an internal evaluation of administrative staffing has concluded that converting two part time Office Assistant II positions to one full time Administrative Assistant I position and converting the existing Management Coordinator position to a Management Analyst position will provide the most effective staffing configuration to support the Department’s needs; and
WHEREAS, maintaining one part time Office Assistant II position through the end of the Fiscal Year will provide for a smooth transition through some anticipated staffing changes; and
WHEREAS, the annual cost to reclassify one (1) part time Office Assistant II (Step 5) to one full time Administrative Assistant I (Step 2) for the remaining 9 months of FY 2022-2023 (October 2022 to June 2023) is detailed below and when the second part time Office Assistant II position is eliminated in FY 2023-2024, the cost will be offset such that the 12 month ongoing cost will be approximately $52,554 annually; and WHEREAS, the cost to reclassify a Management Coordinator to Management Analyst is detailed below for the remaining 9 months of FY 2022-2023 (October 2022 to June 2023) and approximately $30,430 annually thereafter.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby:
1. Reclassify one (1) part time Office Assistant II position in the Public Works Department to a full-time Administrative Assistant I position effective immediately; and
2. Eliminate one (1) part time Office Assistant II position in the Public Works Department effective July 1, 2023; and
3. Reclassify the Management Coordinator position in the Public Works Department to a Management Analyst effective immediately.
116
4. Appropriate $58,760 in the following Public Works Department Employee Services Accounts in Fiscal Year 2022-2023 for the reclassification of the part time Office Assistant II to full time Administrative Assistant I as indicated below:
5. Appropriate $22,827 in the following Public Works Department Employee Services Accounts in Fiscal Year 2022-2023 for the reclassification of the Management Coordinator position to Management Analyst I as indicated below:
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 3rd day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
RICHA AWASTHI, MAYOR
ATTEST:
____________________________________
PRISCILLA SCHAUS, CITY CLERK
117
RESOLUTION NO._________
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT RECLASSIFYING ONE (1) PART TIME OFFICE
ASSISTANT II POSITION TO A FULL-TIME ADMINISTRATIVE ASSISTANT I POSITION, ELIMINATING ONE (1) PART TIME OFFICE ASSISTANT II POSITION,
RECLASSIFYING ONE MANAGEMENT COORDINATOR POSITION TO A
MANAGEMENT ANALYST AND APPROPRIATING $81,587.00 IN THE PUBLIC WORKS DEPARTMENT EMPLOYEE SERVICES ACCOUNTS IN FISCAL YEAR 2022- 2023
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, there is a need for consistent and reliable administrative coverage for all Public Works divisions; and
WHEREAS, an internal evaluation of administrative staffing has concluded that converting two part time Office Assistant II positions to one full time Administrative Assistant I position and converting the existing Management Coordinator position to a Management Analyst position will provide the most effective staffing configuration to support the Department’s needs; and
WHEREAS, maintaining one part time Office Assistant II position through the end of the Fiscal Year will provide for a smooth transition through some anticipated staffing changes; and
WHEREAS, the annual cost to reclassify one (1) part time Office Assistant II (Step 5) to one full time Administrative Assistant I (Step 2) for the remaining 9 months of FY 2022-2023 (October 2022 to June 2023) is detailed below and when the second part time Office Assistant II position is eliminated in FY 2023-2024, the cost will be offset such that the 12 month ongoing cost will be approximately $52,554 annually; and WHEREAS, the cost to reclassify a Management Coordinator to Management Analyst is detailed below for the remaining 9 months of FY 2022-2023 (October 2022 to June 2023) and approximately $30,430 annually thereafter.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby:
1. Reclassify one (1) part time Office Assistant II position in the Public Works Department to a full-time Administrative Assistant I position effective immediately; and
2. Eliminate one (1) part time Office Assistant II position in the Public Works Department effective July 1, 2023; and
118
3. Reclassify the Management Coordinator position in the Public Works Department to a Management Analyst effective immediately.
4. Appropriate $58,760 in the following Public Works Department Employee Services Accounts in Fiscal Year 2022-2023 for the reclassification of the part time Office Assistant II to full time Administrative Assistant I as indicated below:
5. Appropriate $22,827 in the following Public Works Department Employee Services Accounts in Fiscal Year 2022-2023 for the reclassification of the Management Coordinator position to Management Analyst I as indicated below:
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 3 rd day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
RICHA AWASTHI, PRESIDENT
ATTEST:
____________________________________
PRISCILLA SCHAUS, DISTRICT SECRETARY
119
PW
Director
Engineering
Manger
Sr Engineer
Assoc/Asst
Engineer
Sr. Engineering
Tech.
Sr Engineering
Tech.
Assoc/Asst
Engineers (4)
Department
Interns
Bldg/Vehicle
Maint Manager
Bldg Maint.
Lead Worker
Bldg Maint
Workers I/II (3)
Mechanic I
Equip Maint
Worker I/II
PT Office
Assistant II (0.5)
Public Works
Maintenance
Manager
PW Maint.
Superintendent
Street/Lagoon
PW Lead
Maintenance
Worker
PW Maint.
Workers (4)
PW Maint.
Superintendent
Water
PW Lead
Maintenance
Workers (2)
PW Maint.
Workers (6)
PW Maint.
Superintendent
Wastewater
PW Lead
Maintenance
Workers (2)
PW Maint.
Workers (6)
Administrative
Assistant II
PT Office
Assistant II (0.5)
Management
Coordinator
Administrative
Assistant I
Principal
Management
Analyst
PUBLIC WORKS DEPARTMENT
RECOMMENDED RESTRUCTURE OCTOBER 2022
PW
Director
Engineering
Manger
Sr Engineer
Assoc/Asst
Engineer
Sr. Engineering
Tech.
Sr Engineering
Tech.
Assoc/Asst
Engineers (4)
Department
Interns
Bldg/Vehicle
Maint Manager
Bldg Maint.
Lead Worker
Bldg Maint
Workers I/II (3)
Mechanic I
Equip Maint
Worker I/II
Administrative
Assistant I/II
(.5)*
Public Works
Maintenance
Manager
PW Maint.
Superintendent
Street/Lagoon
PW Lead
Maintenance
Worker
PW Maint.
Workers (4)
PW Maint.
Superintendent
Water
PW Lead
Maintenance
Workers (2)
PW Maint.
Workers (6)
PW Maint.
Superintendent
Wastewater
PW Lead
Maintenance
Workers (2)
PW Maint.
Workers (6)
Administrative
Assistant I/II
(1.5)*
Management
Analyst
Administrative
Assistant I
Principal
Management
Analyst
Current
Structure
Proposed
Structure FY 2023-2024
Attachment 3
*2 FTE Administrative Assistants support Streets, Lagoons, Water, Wastewater (1.5 FTE) and Building and Vehicle Divisions (0.5 FTE) as shown. The additional 0.5 FTE position through the end of FY 2022-2023 will continue to support Streets, Lagoons, Water and Wastewater through the transition period.
120
DATE: October 3, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Yelena Cappello, Acting Communications Director/City Clerk
SUBJECT: APPROVE A LETTER IN RESPONSE TO THE SAN MATEO
COUNTY CIVIL GRAND JURY REPORT, DATED
DATED AUGUST 9, 2022, ENTITLED "DELICATE BALANCE
BETWEEN KNOWLEDGE AND POWER: GOVERNMENT
TRANSPARENCY AND THE PUBLIC’S RIGHT TO KNOW"
RECOMMENDATION
It is recommended that the City Council, by Minute Order, approve a response letter to the San Mateo County Grand Jury Report titled “Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know” and authorize the Mayor to transmit the response letter.
BACKGROUND/ANALYSIS
The California Public Records Act (CPRA) was originally enacted in 1968, and requires that governmental records be made accessible to the public upon request, unless otherwise exempted by law.
Per the California Attorney General, "there are two recurring interests that justify most of the exemptions from disclosure. First, several CPRA exemptions are based on a recognition of the individual’s right to privacy (e.g., privacy in certain personnel, medical or similar records). Second, a number of disclosure exemptions are based on the government’s need to 121
perform its assigned functions in a reasonably efficient manner (e.g., maintaining confidentiality of investigative records, official information, records related to pending litigation, and preliminary notes or memoranda)." Exempt records may be redacted, or segregated from non-exempt records. Further, additional exceptions exist for matters such as building plans, which require permission from the building owner, architect, and other professionals prior to releasing a copy of the plans, although the plans are available for public inspection, per Health and Safety Code section 19851.
As noted in the Grand Jury Report, Foster City maintains a web portal for PRA requests. Additionally, the City accepts requests via alternate methods, including email and phone, and the requests are entered into one PRA management system. Communications/City Clerk Department staff manage the PRA management system, as well as the City's Records Management program. As part of the Records Management Program, each Department identifies a Records Coordinator, who then takes the lead in reviewing each respective Department's records per the Retention Schedule. Records Retention Schedules are updated annually and reviewed and approved by the City Attorney.
On August 9, 2022, the San Mateo County Grand Jury released a report titled “Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know.” The City Council has already received this report, which is included as an attachment (Attachment 1). The report summarizes the Grand Jury’s assessment of the status of the PRA programs of the various agencies in San Mateo County. The report also makes several findings and recommendations, and it requests a response from each jurisdiction. Communications/City Clerk Department staff has prepared a proposed response letter for City Council consideration, which addresses all applicable findings and recommendations. If approved, the Mayor will sign on behalf of the City Council and City staff will then submit the letter by the requested date of November 7, 2022.
Proposed Response to Recommendations
The Grand Jury made five findings and five recommendations in its report.
The report requires that the City of Foster City respond to one finding made by the Grand Jury (F2), expressing either the City’s agreement or disagreement (wholly or partially).
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(F2) The city uses a commercially available software application that includes a web portal enabling the public to easily request records and track their disposition.
The City agrees with this finding and has implemented a web portal enabling the public to equest records.
The City’s response must also address one of the Grand Jury’s recommendations (R4) by specifically indicating whether the recommended action has been implemented, is planned for implementation, requires further analysis, or will not be implemented.
(R4) By June 30, 2023, the city council should direct city staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.”
The City has implemented this recommendation, and hosts a "Free the Files Day" regularly to assist Records Coordinators with reviewing files, identifying records for off-site storage, identifying records for destruction per the Retention Schedule, and completing the associated destruction notices for review and approval by the City Clerk and City Attorney. The next "Free the Files Day" is anticipated to take place in January 2023.
City staff has prepared proposed responses contained in an attached letter now presented for City Council’s review and approval (Attachment 2). The responses are due no later than November 7, 2022.
FISCAL IMPACT
There is no fiscal impact associated with responding to the Grand Jury.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This item is in alignment with the City Council’s “Staff Empowerment and Operational Excellence” Value/Priority Area, in that access to City records via an online Public Records Request portal promotes transparency.
123
Attachments:
Attachment 1 - Grand Jury Report – “Delicate Balance between Knowledge and Power: Government Transparency and the Public’s Right to Know”
Attachment 2 - Proposed Draft Response Letter
124
2021-22 San Mateo County Civil Grand Jury 1
A Delicate Balance between Knowledge and Power:
Government Transparency and the Public’s Right to Know
Release Date: August 9, 2022
Issue Summary Background Discussion Findings Recommendations Request for Responses Methodology Bibliography Appendices Responses ISSUE
The California Public Records Act requires that inspection or disclosure of governmental records be available to the public upon request. How do the cities in San Mateo County meet the requirements of this Act?
SUMMARY
The California Public Records Act (PRA) is an essential tool for the public to find out what their government agencies are doing. It’s one of the freedom of information laws enacted in every state in the Union to ensure that the public can witness the actions of their governments. The PRA’s purpose is to promote government transparency in California.
Fifteen years ago, the 2006-2007 San Mateo County Civil Grand Jury’s report, “Electronic Communication Among City Officials: A Valuable Tool in Need of Careful Guidance,” addressed the rise in local governments’ use of electronic forms of communication between elected and appointed officials.1 As it observed, these valuable and efficient tools can quickly disseminate information, and they can constitute public documents subject to public disclosure.
Reviewing that Grand Jury’s report alerted the 2021-2022 San Mateo County Civil Grand Jury to the potential that cities may be facing increased complexity and potential burdens in the processing of requests for public records.
The Grand Jury sought to understand how San Mateo County’s 20 cities respond to PRA requests, including:
Cities’ policies and procedures for handling requests; The types of records requests they receive;
The training of key employees, elected officials, and appointed officials about PRA- related matters; and
How legal changes may impact cities with regard to fulfilling PRA requests. 1 2006-2007 San Mateo County Civil Grand Jury, Electronic Communication among City Officials: A Valuable Tool in Need of Careful Guidance
https://sanmateocourt.org/documents/grand_jury/2006/ElectronicCommunicationfinal.pdf, retrieved June 9, 2022.
Attachment 1
125
2021-22 San Mateo County Civil Grand Jury 2
While the PRA does not require cities to adopt a formal policy, the Grand Jury sought to identify the cities that have written policy or procedure documents and the methods cities use to process the public’s requests. It also wanted to learn how key staff keep up to date with changes in PRA law. Failing to comply with these laws can subject a city to litigation and, more importantly, lead to erosion of the public’s trust.
The Grand Jury recommends that city councils of the subject cities should:
1. Consider directing staff to create a written PRA procedures document for circulation to all relevant staff.
2. Consider directing staff to perform a cost/benefit analysis regarding the purchase of commercially available public records request software.
3. Consider directing staff to place information about how to access public records on the home page of their official website.
4. Consider directing staff to create a submittable online PRA request form.
5. Consider directing staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.”
BACKGROUND
Two centuries ago, James Madison wrote these words:
“A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.”2
He further asserted, “Knowledge [is] the only Guardian of true liberty.”3
John Moss, a California member of the U.S. House of Representatives, used Madison’s quote to generate support for a bill he was introducing in Congress. In 1967, after a 12-year struggle, he was finally successful in passing the Federal Freedom of Information Act (FOIA). It served as the model for California’s similar Public Records Act enacted one year later.
The California Public Records Act was signed into law by Governor Ronald Reagan in 1968 and acknowledges one simple concept – that secrecy is contrary to a democratic system of “government of the people, by the people, and for the people”. Specifically, the PRA declares
2 Letter from James Madison to W.T. Barry (August 4, 1822), in The Writings of James Madison (Gaillard Hunt ed.).
3 Letter from James Madison to George Thomson (June 30, 1825) ( on file with The James Madison Papers at The Library of Congress).
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2021-22 San Mateo County Civil Grand Jury 3
that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state”.4
Every state has some form of freedom of information law that governs public access to state and local government documents.5 In addition, every state has some form of a “Sunshine Law” or “Open Meetings” law that requires public access to meetings of public legislative bodies.
California’s Ralph M. Brown Act is such a Sunshine Law.6 Passed in 1953, it guarantees the public’s right to attend and participate in meetings of local legislative bodies. The PRA and the Brown Act are California’s primary laws intended to promote government transparency.
What are Public Records?
The PRA defines the term “public records” as any “writing containing information relating to the conduct of the public’s business that is prepared, owned, used, or retained by a state or local agency regardless of physical form or characteristics.”7 Thus, a “writing” is not simply a hand- written or printed document; writings include an ever-broadening range of communications including audio and video recordings, emails, photos, drawings, computer data, and more.8
The agencies that hold these public records, and are subject to the PRA, include every county, city, town, school district, special district, police and fire department, commission, and board in California.9 Certain private entities that carry out public functions using funding from a local agency may also be subject to the PRA. The PRA applies to nearly every public agency one can imagine except for the Legislature and the courts.10
A public record refers to information that has been recorded or maintained by a public agency.
Typical examples of records that the public might request include:
Property records,
Building permits,
Business registrations
Employee compensation information
Financial documents
Code enforcement records
Public works documents, and
Police records.
4 California Government Code, Section 6250 (2021).
5 FOIA Advocates, State Public Records Laws. http://www.foiadvocates.com/records.html Retrieved May 11, 2022 6 CA Govt Code § 54950 et seq.
7 CA Govt Code § 6252(e).
8 CA Govt Code § 6252(g).
9 CA Govt Code § 6252(f). Excluded from the definition of state agency are those agencies provided for in article IV (except section 20(k)) and article VI of the Cal. Constitution. 10 The Legislature has its own sunshine law, Gov. Code, § 1070. Most court records are disclosable under a number of legal decisions and the First Amendment of the U.S. Constitution. 127
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Merely addressing a question to a local agency official or employee is not sufficient to constitute a public records request under the PRA. “What time do the lights go off at the neighborhood park?” Or “Why are there so many potholes on my street?” are not public records requests.
However, a request to see the contract for the vendor who installed the lights or paved the street would be a public records request.
The Form of PRA Request
The PRA ensures that all persons must receive equal access to public records. “Persons” can be corporations, partnerships, homeowners’ associations, and the media.11 Simply put, every person has the right to inspect public records, and no one type of person has a greater right of access to public records than any other person.12
Because the intent of the law is to enable easy access to public records, it is expansive in the available ways requests may be made. The request can be made in writing or orally, by physical or electronic means, remotely or in person. Persons making a PRA request are not required to explain the reason for the request.13
Public records are to be open for inspection during office hours at the local agency. To preserve the orderly function of their offices, agencies may establish reasonable policies for the inspection and copying of records. If the request asks for copies of documents, the agency is required to respond within ten days to determine whether they have disclosable records in their possession and to notify the person making the request of that determination. The agency must then make the records “promptly” available.14
An agency may extend the normal ten-day requirement for responding whether it has any disclosable documents for up to 14 additional days under certain circumstances.15 For example, if the agency needs to search through and collect a voluminous number of records or to consult with another agency with an interest in the requested records, such an extension is available.
The agency is required to assist the requester who is having difficulty making a focused and effective PRA request.16 And while the request may be burdensome, that burden alone is not sufficient to justify noncompliance. However, the agency is also not required to perform a “needle in a haystack” search for records.17 Additionally, a PRA request only applies to records that exist at the time of the request, not for records to be created in the future.
11 CA Govt Code § 6252(c); Connell v. Superior Court (Intersource, Inc.) (1997) 56 Cal.App.4th 601. 12 CA Govt Code § 6252.5; Los Angeles Unified School Dist. v. Superior Court (2007) 151 Cal.App.4th 759; Dixon v. Superior Court (2009) 170 Cal.App.4th 1271, 1279.
13 CA Govt Code § 6250; California. Constitution, Article. I, Section 3. 14 CA Govt Code § 6253(c).
15 CA Govt Code § 6253(c)(1-4).
16 CA Govt Code § 6253.1.
17 Cal. First Amend Coalition v. Superior Court (1998) 67 Cal. App. 4th 159, 166. 128
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Widespread Use of Electronic Communications
The public’s business increasingly relies on electronic communications. Email, social media postings, video and audio recordings, and the use of personal devices have created enormous volumes of public records for cities. In a case with broad consequences related to PRA requests, City of San Jose v. Superior Court of Santa Clara County (2017), the California Supreme Court ruled that communications carried out using a personal account or device were disclosable if the communication was related to the conduct of public business.18
For example, such a PRA request might be for all communications between city officials and a vendor that was granted a city-awarded contract. The search for responsive records could include reviewing all the emails, voice mails, and texts between the parties for relevant material, including on officials’ personal devices. This can be problematic since this communication, especially if voluminous, could require attorneys to determine what might be non-disclosable for reasons of privacy or privilege. In Getz v County of El Dorado (2021), a California appeals court ruled that El Dorado County’s unsubstantiated claim that a PRA request was overly broad and burdensome was not a valid reason for denial of records. The court explained that establishing that a request is overly burdensome requires more than the vague prospect of having to review lots of records. The County was ultimately compelled to produce over 40,000 email records.19
Law Enforcement Records
In recent years the most publicized form of an electronic record has been police body-cam footage. Landmark legislation has broadened PRA access to law enforcement records, including a limited subset of these audio and video recordings. On January 1, 2019, SB 1421 became law.
Called the Peace Officers: Release of Records bill, it requires law enforcement agencies to make records (including body-cam footage) related to certain serious officer use of force incidents, sexual assault, and acts of dishonesty available under the PRA.20 Police unions have filed multiple challenges to the law asserting concerns about officers’ privacy, retroactivity of the law, and the cost of producing records.21 These challenges have been consistently denied by courts.22 And in January 2022, SB 16, became effective. This new law now requires additional police disciplinary records, involving allegations of discrimination, unlawful arrest, and cover-ups of excessive force by fellow officers, to be made available under the PRA.23
18 Latham & Watkins, Client Alert Commentary, https://www.lw.com/thoughtLeadership/california-supreme-court- government-communications-on-private-accounts-are-public, retrieved May 11, 2022. 19 Getz v. The Superior Court, 72 Cal.App.5th 637, 287 Cal. Rptr. 3d 722 (Cal. Ct. App. 2021) https://law.justia.com/cases/california/court-of-appeal/2021/c091337.html, retrieved June 1, 2022. 20 CA Penal Code § 832.7 and § 832.8.
21 Voice of San Diego, A Brief History of Police Challenges. https://voiceofsandiego.org/2019/06/10/brief-history- of-police-challenges-and-losses-sb-1421/, retrieved March 18, 2022. 22 JD Supra, Another SB1421 Decision Against Law Enforcement. https://www.jdsupra.com/legalnews/another-sb- 1421-decision-against-law-45114/, retrieved March 18, 2022. 23 BBK Attorneys at Law, SB 16 Compliance Expanded Public Access. https://www.bbklaw.com/News- Events/Insights/2021/Legal-Alerts/12/SB-16-Compliance-Expanded-Public-Access-to-Law-Enf, retrieved March 18, 2022.
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Methods of Handling Requests
The PRA does not mandate any specific method for agency handling of records requests. Some local agencies simply monitor the process manually using an internally created document. Many other agencies now use commercially available software that links to information on their public websites. Often marketed to city clerks through professional organizations, such as the City Clerks Association of California, these software applications offer solutions to manage large portions of the PRA request process.
These applications can:
Manage intake of requests through a public portal;
Provide an automated response of receipt to the person making a request; Alert agency staff to deadlines;
Promote coordination across departments;
Gather records and track their production to person making a request; Provide tools to redact information; and
Display and store responsive records.
The software enables anyone making a PRA request to see the status of their request through a portal. It also enables cities to make both the request and the records responsive to the request visible to the public.
Fees
An agency may charge a fee for costs of complying with the PRA, but only for the direct costs of making copies of responsive records – typically a nominal fee per page of paper copies. Since today most records are produced and delivered to the requester electronically, many responsive records are cost-free to the requesting party.
In National Lawyers Guild v. City of Hayward (2019), the California Supreme Court held that an effort by the city to charge $3,000 for labor related to redacting requested bodycam footage was not permissible as a “data extraction” cost.24 With this decision, the Court reaffirmed that local agencies may not charge for ancillary costs such as the labor required to retrieve documents or the inspection and handling of files.25
Voter-approved Propositions Affecting the PRA
In 2004, voters overwhelmingly passed Proposition 59, the “Public Records, Open Meetings Legislative Constitutional Amendment.” It essentially adds a “sunshine” amendment to the Declaration of Rights section of the California Constitution (similar to the U.S. Constitution’s
24 Reporters Committee, National Lawyers Guild v City of Hayward. https://www.rcfp.org/briefs- comments/national-lawyers-guild-v-hayward-california-supreme-court, retrieved June 14, 2022. 25 BBK Attorneys at Law, California Public Records Act Update. https://www.bbklaw.com/news-events/insights/2021/legal-alerts/01/california-public-records-act-update, retrieved March 16, 2022.
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Bill of Rights) stating, “The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”26
Proposition 42, the “Public Records. Open Meetings. State Reimbursement to Local Agencies.
Legislative Constitutional Amendment” was approved by voters in 2014. It was the result of a dispute over a controversial bill that would stop local governments from being required to follow key provisions of the PRA. The State legislature had considered the bill to be a budget move, since at that time it was required to reimburse local governments for complying with some aspects of records requests. The backlash over the signing of this bill caused the legislature to rescind it and put the matter before the voters as a constitutional amendment. When it passed, by a 62% yes vote, it required local governments to comply with the PRA without being reimbursed by the State for the cost of public access to records.”27 The full financial burden of compliance with the PRA now falls entirely on local governments.
Exemptions
While the PRA states that “the people” have the right to know what their government is doing, clearly circumstances arise where a balance must be achieved between the public interest and individual privacy rights. The PRA contains at least 76 express exemptions, for matters as diverse as library circulation records, copyright protected building plans, and medical and personnel records.28 In some instances a public document may not be considered exempt but may contain private information such as social security numbers and home addresses. Those specific portions will be redacted before release to the public.
Government Code section 6254 specifies a large number of exemptions under the PRA. Several of the more notable exemptions are listed below:
Records Not in Existence
The agency is under no obligation to create records where none exist; agencies are not required to provide records that may be produced in the future relevant to the original request.
Disclosure of records exempted by Federal or other State law Records shielded from disclosure by existing state or federal law, such as individual health records, are not accessible using the PRA.
Public Interest Test and Deliberative Process Privilege Agencies may withhold certain records if they can demonstrate that the public interest served by not disclosing the record clearly outweighs the public interest served by its disclosure.
26 Cal. Const., Art I, § 3, subd. (b)(1)
27 Cal. Const., Art. I, § 3, subd. (b)(7)
28 CA Govt Code § 6254
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Preliminary Drafts
Preliminary drafts, notes, or memos not normally preserved in the course of business are exempt.
Attorney Client Communications
Confidential communications between lawyers and clients, and attorney work product, are exempt from disclosure.
Pending Litigation
Records pertaining to pending litigation or claims to which a public agency is a party until the litigation or claim has been finally adjudicated or otherwise settled.
Personal Information
This exemption is intended to protect the confidentiality of personnel, medical or other similar files which would constitute an unwarranted invasion of personal privacy.
Trade Secrets
Businesses engaged in public contracts are not required to disclose their trade secrets in response to a PRA request.
Recourse When Responsive Documents Are Not Produced
If a local agency has unlawfully refused to disclose a public record, a person may ask a judge to enforce their rights under the PRA. This enforcement is primarily through a special, expedited civil judicial process.29 The PRA provides specific relief in the form of court costs and attorneys’ fees when an agency unlawfully denies access or copies of public records.
Conversely, a local agency cannot bring an action for relief to determine its obligation to disclose records.30 That would require the person requesting documents to defend a civil action and discourage them from requesting records in the first place. It would frustrate the central purpose of the act and the constitutional amendments specifically designed to provide access to information.
The PRA is an indispensable tool for the responsible exercise of democracy in California.
Government transparency, accountability and effectiveness depend on how our local agencies handle the information they create and are entrusted with maintaining. A changing legal framework, the ubiquity of electronic records, new communications technologies and the treatment of their related records, and the public’s demonstrated desire for “open government” present significant challenges to the efficient handling of PRA requests for the cities in our county.
29 CA Govt Code § 6258 and 6259.
30 Filarsky v. Superior Court (2002) 28 Cal.4th 419, 426. 132
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DISCUSSION
As stated above, the PRA applies to all of the public agencies in San Mateo County. To narrow the focus of our investigation, the Grand Jury opted to concentrate on the 20 cities, including their police and other departments, and the committees and commissions formed by those cities.
Survey Respondents
The Grand Jury began by sending a survey to the 20 city managers in the County (a copy of the survey appears in Appendix A). It asked six questions related to the processing of public records requests, policies and procedures used, and the PRA training of staff and officials. In most cases (13 of 20) the responses came from city clerks who are responsible for maintaining a city’s public records. Some of the clerks perform multiple roles for their cities, reflected in some cases (15%) by an additional job title. The following graphic illustrates the various job titles of survey respondents.
In two cities, the city clerk position is determined by public election; in the remainder of the cities, clerks are appointed by the city manager. Our investigation found that the city clerk is typically the official primarily responsible for the acknowledging receipt of a PRA request, tracking it through the city’s internal processes, and delivering correspondence and responsive records to the person submitting the request.31
The Grand Jury conducted follow-up interviews with representatives of all 20 cities, confirming their survey responses and gathering additional information. We asked the cities to provide written documentation of their PRA policies and procedures, if any exist. Fourteen cities replied that they had existing policies or procedures and supplied them to the Grand Jury. We also conducted in-depth interviews with five selected cities.32 These cities were chosen to give us a cross section sample based on city population, method of tracking, and volume of requests. The
31 In one city, the city attorney assumed most of this role, but even there the city clerk was in volved in the process. 32 Belmont, Daly City, San Bruno, San Mateo, and South San Francisco 133
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Grand Jury notes that respondents from all 20 cities were entirely cooperative and knowledgeable about their city’s PRA request procedures.
Documentation of PRA Policies and Procedures
The PRA does not require local agencies to create policies or documentation of how they receive, route, track, and fulfill records requests. When the Grand Jury asked respondents and interviewees to provide documentation describing how they handled PRA requests, we learned that six cities had no such documentation.33 In some cases, the documentation received from the remaining 14 cities was simply a description of the PRA’s requirements (perhaps supplied to staff for training for information). The Grand Jury also received documents such as the city’s internal procedures, as well as some that were formal policies signed and dated by the city manager. In interviews, all respondents could describe their processes.
The documentation received and reviewed by the Grand Jury varied widely. Atherton’s document is a colorful presentation defining the PRA and describing what is and isn’t a public record.
33 Grand Jury survey (December 2021) Belmont, Daly City, Half Moon Bay, Hillsborough, Menlo Park, and Woodside.
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It generally outlines city staff’s role in responding to a request. In contrast, Redwood City’s document is an administrative policy detailing the purpose and scope of how they respond to PRA requests. It notes specific types of records such as political reform act records and requests for electronic communications. It also specifies that the document will be reviewed every two years. Copies of the PRA documentation provided by Atherton and Redwood City can be found in Appendix B.
The Grand Jury noted that some cities relied on an individual staff member (city clerk or city attorney) to respond to records requests. In the event of illness, vacation, resignation or other interruption of service, no documentation exists to guide replacement personnel.
Written PRA policies or procedures provided to the Grand Jury typically covered subjects such as:
The purpose of the PRA;
Resources for PRA training;
The steps in processing a request; and
Specific staff responsibilities.
Website Portals
The Grand Jury found that while cities do receive PRA requests in various ways - submitted in- person at city offices, by telephone, and postal mail - they are most frequently submitted via email. We found that 16 of the 20 city websites included a portal containing a submittable form for the filing of a PRA request and four cities had no such form.34
Every city website somewhere provides instructions on how to make a PRA request. Some have links to those instructions on the home page, but most require steps to navigate to it. In some cases, the Grand Jury found broken links indicating inconsistencies in the level of maintenance of the PRA related pages. Some city websites simply instruct the public to send a public records request to the city clerk and provide contact information including an email address, a phone number, or a physical address at which to file.
34 Belmont, Brisbane, Hillsborough, and Portola Valley. 135
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Example of Easy and Accessible PRA-Information on a City Website
The website for the City of South San Francisco provides easily accessible information regarding PRA requests. The home page includes a “Public Records Request” link.
Clicking on the link brings up a page full of useful titles including how to make a request, the city’s PRA policy, who can make a request, and tips to expedite requests.
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Clicking on “Public Records Request” takes the user to a third-party public records web application where they can search by request reference number, track the status of a previous request, view a public archive, and submit a new request.
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Tracking a Public Records Request
Since the PRA mandates specific deadlines for public agencies to respond to a public records request, the ability to track submissions is vital in order to ensure legal compliance.35 All cities informed the Grand Jury that they track PRA requests, utilizing a variety of methods to do so.
Regardless of the specific method used by a city, the workflow is generally as follows.
Ten cities, which were generally smaller and field fewer requests, reported that they track PRA requests manually using an Excel spreadsheet or similar internal document.36 These documents
35 CA Govt Code § 6253(c).
36 Atherton, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Hillsborough, Portola Valley, San Bruno, and Woodside as of May 16, 2022.
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require manual data entry and maintenance by staff. For example, see San Bruno’s spreadsheet at Appendix C. While these cities indicated general satisfaction with their current methods of tracking, one city was actively seeking proposals from commercial software vendors and others were considering doing so. Appendix D shows such a vendor’s proposal.
The ten other cities, including most of the larger ones, use third-party software that automates the handling of PRA requests.37 These cities use one of two software applications.38 In interviews, staff generally expressed satisfaction with both products, citing their effectiveness and efficiency. Pricing of these applications will vary based on the configuration and storage options selected. One city indicated a desire to purchase software but cited the city’s budget constraints.
Another city noted that the cost was prohibitive for a city of their size and volume of requests.
Volume of Requests
Thirteen cities reported receiving more than 100 PRA requests in the past year. Two cities reported receiving fewer than 50 requests, while one city indicated that it received more than 1,600 requests for records. Another city noted a 500% increase from the previous year. All cities reported significant increases in the volume of requests received since the outset of the Covid pandemic.
Subjects of Requested Records
All 20 cities reported that the majority of the PRA requests they received were for routine records such as property-related documents, police records, public works documents, and business registrations. For example, in San Mateo, the City Clerk’s office recorded 1,695 PRA requests in the fiscal year ended June 30, 2021. The largest percentage (46%) were directed to the Community Development Department and typically asked for property records of some kind, including planning applications, building permits, blueprints, inspections, and code violations.
Requests for police records (35%) were the next most frequently requested type of record. The clerk’s office noted that the police department directly receives substantially more requests than come to the clerk through their PRA request software.
Time-Consuming Requests
The Grand Jury learned that a relatively small number of records requests are disproportionately time-consuming to fulfill. In particular, requests for communications records may fall into this category. The request may require a broad search of all relevant communications created and stored on electronic devices, including employees’ cell phones and laptops. Recently, Portola Valley received what was characterized as a “massive” PRA request for “all town communications regarding the housing element since July 1, 2021, including communications among elected officials, staff, consultants or members of the committee, like emails and text
37 Foster City, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Redwood City, San Carlos , San Mateo, and South San Francisco as of May 16, 2022.
38 GovQA, If You Have a Public Records Problem. https://www.govqa.com/solutions/public-records-software/ Retrieved May 16, 2022, and NextRequest, The All-In-One Open Records Request Platform. https://www.nextrequest.com/, retrieved May 16, 2022.
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messages, including on personal devices.”39 The request was the result of a potential change to the town’s zoning laws to allow for more dense housing in one residential neighborhood.
Several cities reported to the Grand Jury that on rare occasions a disgruntled citizen or ex- employee has intentionally crafted a detailed records request intending to be time-consuming and annoying for the city. One respondent reported that the search and review of electronics communications in response to one request took months to complete, due to the number of responsive records and the broad search of multiple devices.
Training
State law does not mandate training for those implementing its provisions. City clerks often attend training through annual City Clerks Association of California conferences and other professional associations.
Half of the cities interviewed by the Grand Jury mandate formal PRA training for their key employees. Others offer training but do not mandate it, while some cities have no formal arrangements for PRA training at all.40 Training, if offered, is conducted by the city attorney. In
39 Angela Swartz, “‘Massive’ public records request escalates battle over Portola Valley's housing element,” Almanac, March 21, 2022.
https://www.almanacnews.com/news/2022/03/21/massive-public-records-request-escalates-battle-over-portola- valleys-housing-element, retrieved June 9, 2022.
40 Burlingame, Portola Valley, and Woodside.
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our investigation, respondents agreed that formal training for key city employees would make the handling of records requests more efficient and consistent.
Twelve cities informed the Grand Jury that they provide PRA training for their appointed and elected officials. This training is also typically provided by the city attorney, sometimes with the assistance of the city clerk. Eight cities reported that they do not offer specific PRA training to such officials, but some noted that their training in Brown Act compliance includes PRA training content.41
While the PRA does not include criminal penalties for noncompliance with its provisions, civil actions, as described earlier, may be filed and cities can be liable for court costs and attorneys’ fees.
Increasing Efficiency in Records Request Processing
Some cities have demonstrated how commonly requested records can be made available to the public without formal PRA requests.
Making public records available online is a convenient and efficient mechanism for both the requester and the municipality. Cities generally do this for many common records, such as meeting agendas for public meetings (which are legally required to be posted publicly).42 At the time of this investigation, some cities, such as San Carlos, also posted many records online.
Using the search term “public records” on the San Carlos city website brings up “Records
41BBK, Attorneys at Law, Summary of the Major Provisions and Requirements of the Ralph M. Brown Act. https://www.bbklaw.com/bbk/media/library/pdf/major-provisions-and-requirements-of-the-brown-act.pdf, retrieved June 9, 2022.
42 CA Govt Code § 54954.2.
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Available Online for Your Easy Access,” which connects to records such as budgets, building permits, and public works documents.
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The Half Moon Bay website offered a “Document Center” containing more than 2,000 city documents going back a decade.
Several cities noted that they often receive requests for the same records repeatedly. For example, this can occur when a sought-after property is offered for sale and brokers, architects, attorneys, and potential buyers are doing their due diligence. Cities using commercially provided software applications, or that post public records as do San Carlos and Half Moon Bay, can reduce the number of such duplicative PRA requests.
Records Management
Proper records management policies and practices facilitate effective compliance with the PRA.
Having better control of these records makes their timely and appropriate production more accurate and efficient. All cities in the County reported having records retention schedules that determine what documents must be retained and for how long. For example, in South San Francisco, leases for city owned properties must be kept in hard copy for the current year plus two-years. Board and commission resolutions must be kept permanently (a copy of the records retention schedule for South San Francisco is at Appendix E). 143
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The City of San Mateo reported a unique method for encouraging city staff in one element of the effective management of public records. There, the city clerk held a “Records Clean Up Day” (related materials are contained in Appendix F). During this event employees are tasked with:
Reducing the number of duplicate records;
Preparing records for off-site storage;
Imaging and indexing electronic records; and
Identifying electronic records eligible for destruction.
The retention life cycle of various records determined how different categories of documents are handled. The program was designed to create an enjoyable environment around these tedious tasks by employing a food truck, encouraging casual dress, creating contests with prizes, and printing T-shirts commemorating the day. The program included an on-site shred truck, and the city attorney was available for consultation.
In an email to the Grand Jury, a city staffer wrote, “In addition to elevating the employee understanding that these public records are an asset of the city (just like the vac truck, fleet, and streets) …we have a duty to manage and maintain them well; reinforce the policy and procedures we have adopted; and let’s face it, maintaining records can become back burner in the flurry of day-to-day needs and requests. Setting aside time to honor the need, accomplish an objective and then celebrate it – keeps it more in the forefront of the mind and honors the importance of the public’s records.” 43
43 Grand Jury correspondence April 26, 2022.
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Law Enforcement Records
Some cities reported receiving significant numbers of requests for police records. All such requests were forwarded directly to city police departments or the County Sheriff’s Office (for those cities contracting for police services).44 Law enforcement agencies typically employ a records manager tasked with responding to public records requests. In some cities the disposition of these requests was reported back to the city clerk for inclusion in their tracking systems; in others, the city clerk had no knowledge of the status of a police records request. The Grand Jury did not investigate how these requests for law enforcement records were handled in compliance with the PRA. It is of note that most law enforcement records are exempted from the Public Records Act pursuant to Government Code Section 6254(f).
FINDINGS
F1. The city has no written documentation of its PRA policy and internal procedures, making it more likely that requests could be handled inconsistently.
F2. The city uses a commercially available software application that includes a web portal enabling the public to easily request records and track their disposition.
F3. Information about how to access public records requires multiple clicks to find on the city’s website, which hinders the public’s access to public records.
F4. The City of San Mateo implements a Records Cleanup Day with the purpose of increasing employee understanding of the need to effectively maintain public records, thereby improving PRA request responsiveness.
F5. The city has no PRA request form online, making public access to public records less efficient.
RECOMMENDATIONS
R1. The city council should direct city staff to consider and report back by June 30, 2023, on the creation of a written PRA policy or procedures document for circulation to all relevant staff.
R2. The city council should direct city staff to consider performing a cost/benefit analysis and report back by September 1, 2023, on the purchase of commercially available public records request software.
R3. By June 30, 2023, the city council should consider directing city staff to place information about how to access public records on the home page of the city’s official website.
R4. By June 30, 2023, the city council should direct city staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.”
R5. By June 30, 2023, the city council should direct city staff to create, on the city clerk’s page of its website, a submittable PRA request form.
44 Contracting cities are Half Moon Bay, Millbrae, San Carlos, Woodside, and Portola Valley. 145
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REQUEST FOR RESPONSES
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the selected city and town councils as follows (x):
City F1 F2 F3 F4 F5 R1 R2 R3 R4 R5
Atherton x x x x x
Belmont x x x x x x x x
Brisbane x x x x x x
Burlingame x x
Colma x x
Daly City x x x x
East Palo Alto x x
Foster City x x
Half Moon Bay x x x x x
Hillsborough x x x x x x x
Menlo Park x x x x x
Millbrae x x
Pacifica x x
Portola Valley x x x x x x
Redwood City x x x
San Bruno x x x x x
San Carlos x x
San Mateo x x
South San Francisco x x
Woodside x x x x x
The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act.
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RESPONSE REQUIREMENTS
California Penal Code Section 933.05, provides (emphasis added):
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
METHODOLOGY
Through examination of surveys, interviews, the documentation provided by the cities, a demonstration of third-party software, and a site visit, the Grand Jury studied how cities respond to public records requests, and how they keep up with changes in the law.
Survey
The Grand Jury developed an online survey consisting of six questions and a request for copies of their PRA policies and procedures.
The survey was sent to all 20 city managers in the County and various respondents completed the survey.
We then followed up with a brief phone interview to confirm the responses received from those completing the survey, and to request written policy and procedures documents and records retention policies.
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Documents
The Grand Jury reviewed:
Policy and procedure documents from all cities that indicated having them. Records retention policies from several cities.
Proposals and contracts for third-party software received from various vendors Marketing material of third-party software vendors
Research on best practices in records management
Site Tour
GJ conducted a site visit to the San Bruno City Attorney’s office. San Mateo conducted a virtual demonstration of their third-party software.
Interviews
The Grand Jury conducted further interviews with city attorneys, city clerks and city managers based on those with written policies or procedures documents, training of key employees and elected and appointed officials (advisory bodies), number of public records requests received per year, and those with an elected city clerk.
Web Sites
The official websites of the 20 cities in the County were reviewed to assess the ease in locating information relating to public records, the methods of submission of a public records request, as well as users’ direct access to commonly requested public records.
BIBLIOGRAPHY
League of California Cities (Revised April 2017). The People’s Business: A Guide to the California Records Act. Sacramento, CA.
League of California Cities. “Open and Public V: A Guide to the Ralph M. Brown Act.” Accessed May 24, 2022. https://www.calcities.org/docs/default-source/city- attorneys/open-public-v-revised-2016.pdf?sfvrsn=995414c9_3. Best Best & Krieger. “The Engineering of Public Records Processing.” December 2021 Accessed May 24, 2022. https://www.calcities.org/docs/default-source/city-clerks-new- law-and-elections-seminar---session-materials/the-engineering-of-public-records- processing.pdf.
Californians Aware (2004). Top 10 Points to Remember about Exemptions from the California Public Records Act. Carmichael, CA.
GovQA. “Best Practices for Fulfilling Public Records Requests.” Accessed May 11, 2022. www.GovQA.com-best-practices-fulfilling-public-records-requests.
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NextRequest. “Current Issues Affecting Public Records Request Management.” https://www.nextrequest.com/blog/current-issues-affecting-public-records-request- management, accessed May 11, 2022.
Stephan A. Barber. “The California Public Records Act: The Public’s Right of Access to governmental Information.” 7 Pac.L.J. (1976). Accessed May 24, 2022. https://scholarlycommons.pacific.edu/cgi/viewcontent.cgi?article=2423&context=mlr California Government Code – GOV Title 1, Division 7, Chapter 3.5, Sections 6250 - 6276.50 Inspection of Public Records.
Ballotpedia. “Transparency Checklist”. https://ballotpedia.org/Transparency_checklist.
Accessed June 7, 2022
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LIST OF APPENDICES
Appendix A – The Grand Jury Survey Results
Appendix B – PRA Policies and Procedures: Atherton and Redwood City
Appendix C – San Bruno PRA Request Log
Appendix D – GovQA Proposal for Services
Appendix E – South San Francisco Retention Schedule
Appendix F – City of San Mateo’s Clean-Up Day Staff Plan and Flyer
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APPENDIX A
The Grand Jury Survey Results
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APPENDIX B
PRA Policies and Procedures: Atherton and Redwood City
Atherton: https://www.sanmateocourt.org/documents/grand_jury/2021/Appendix B - PRA PAP Atherton.pdf
Redwood City: https://www.sanmateocourt.org/documents/grand_jury/2021/Appendix B - PRA PAP Redwood City.pdf
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APPENDIX C
San Bruno PRA Request Log
(sample page with requester names removed)
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APPENDIX D
GovQA Proposal for Services
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APPENDIX E
South San Francisco Records Retention Schedule 2016
https://www.sanmateocourt.org/documents/grand_jury/2021/Appendix E - SSF Retention Schedule 2016.pdf
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APPENDIX F
City of San Mateo’s Clean-Up Day Staff Plan and Flyer
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City of Foster City 610 Foster City Boulevard, Foster City, CA 94404 P: (650) 286-3200 F: (650) 577-0983 E: [email protected]
OFFICE OF THE CITY COUNCIL
City of Foster City
October 4, 2022
Honorable Amarra A. Lee
Judge of the Superior Court
c/o Jenarda Dubois
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
RE: RESPONSE OF THE CITY OF FOSTER CITY TO THE GRAND JURY REPORT “DELICATE BALANCE BETWEEN KNOWLEDGE AND POWER: GOVERNMENT TRANSPARENCY AND THE PUBLIC’S RIGHT TO KNOW”
Honorable Judge Lee:
Thank you for the opportunity to review and comment on the above referenced Grand Jury Report filed on August 9, 2022. The report identified a requested response for Finding 2 (F2) and Recommendation 4 (R4). The City of Foster City's response to both the finding and recommendation as requested are detailed below.
Response to Grand Jury Findings
F2: The city uses a commercially available software application that includes a web portal enabling the public to easily request records and track their disposition.
The City agrees with this finding and has implemented a web portal enabling the public to request records.
Response to Grand Recommendations
R4: By June 30, 2023, the city council should direct city staff to review and consider adopting a records management practice analogous to the City of San Mateo’s “Records Cleanup Day.” The City has implemented this recommendation and hosts a "Free the Files Day" regularly. “Free the Files Day” is an opportunity to assist Records Coordinators with reviewing files, identifying records for off-site storage, 161
City of Foster City 610 Foster City Boulevard, Foster City, CA 94404 P: (650) 286-3200 F: (650) 577-0983 E: [email protected] identifying records for destruction per the Retention Schedule, and completing the associated destruction notices for review and approval by the City Clerk and City Attorney. The next "Free the Files Day" is anticipated to take place in January 2023.
Pursuant to Penal Code Section 933.05 and the Brown Act, this response to the Grand Jury was approved by Minute Order at a public meeting on October 3, 2022.
Respectfully,
Richa Awasthi
Mayor, City of Foster City
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DATE: October 3, 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
Allen Smith, Public Works Maintenance Manager
SUBJECT: RESPONSE TO THE SAN MATEO COUNTY CIVIL GRAND
JURY REPORT "THE OTHER WATER WORRY: IS YOUR
WATER PROVIDER PREPARED FOR THE BIG ONE?"
RECOMMENDATION
It is recommended that the Board of Directors approve, by Minute Order, a response letter from the Estero Municipal Improvement District (EMID) to the San Mateo County Civil Grand Jury’s report entitled “The Other Water Worry:
Is Your Water Provider Prepared for the Big One?” and authorize the President to transmit the response letter.
EXECUTIVE SUMMARY
On August 5, 2022, the San Mateo County Civil Grand Jury released a report entitled “The Other Water Worry: Is Your Water Provider Prepared for the Big One?" (Attachment 1). The report documented the investigation of the Civil Grand Jury to identify what steps San Mateo County and its cities have taken to ensure sufficient water supply and distribution capacity in the event of an earthquake that disrupts transmission of water from the Hetch Hetchy system for up to 72 hours after a catastrophic seismic event.
Within the report, the Grand Jury made five (5) findings and five (5) 163
recommendations. Of these, EMID is required to respond to two (2) findings and two (2) recommendations.
EMID staff prepared a response letter (Attachment 2) partially disagreeing with Finding 1 and agreeing with Finding 2 and indicating that implementation of the recommendations will not be completed by the recommended due date but will be completed by the end of calendar year 2023. This response is due to the Grand Jury within 90 days from the publication date which is November 3, 2022.
BACKGROUND/ANALYSIS
As required by America’s Water Infrastructure Act of 2018 (AWIA), EMID Board certified an updated Emergency Response Plan (ERP) to the Environmental Protection Agency (EPA) in December 2021 before the due date of December 31, 2021.
Prior to submitting the ERP, the consultant conducted a tabletop exercise in November 2021 with operations staff to evaluate that the plan contained all necessary elements to ensure that it would be an effective tool for use in the event of a catastrophic event. However, this exercise was informal in nature, intended to test the completeness and accuracy of the plan, versus the District’s readiness in an event, and was not documented with an After Action Report as recommended by the Civil Grand Jury.
Given that it is always beneficial to conduct exercises of emergency plans that identify areas for future improvement, staff will work with the San Mateo Consolidated Fire Department Office of Emergency Services to either organize and conduct a specific tabletop emergency exercise or a substantial exercise of the Water ERP within the context of a greater emergency exercise. However, because it takes substantial time and commitment to develop and implement an effective emergency exercise, staff recommends indicating that additional time is required to complete the task. The Grand Jury recommended that the exercise take place prior to March 31, 2023, but the response letter indicates a date of December 31, 2023.
EMID staff prepared a response letter (Attachment 2) partially disagreeing with Finding 1 and agreeing with Finding 2 and indicating that implementation of the recommendations will not be completed by the recommended due date but will be completed by the end of calendar year 2023. This response is required pursuant to Penal Code section 933 et seq. and is due to the Grand 164
Jury within 90 days from the publication date, which is November 3, 2022.
FISCAL IMPACT
There are no fiscal impacts associated with responding to the Grand Jury.
Fiscal impacts of conducting a tabletop exercise or substantial exercise of the Water ERP within the context of a greater emergency exercise as recommended are related to staff time and workload.
CITY COUNCIL, VISION, MISSION, AND VALUE/PRIORITY AREA
This action is consistent with the Facilities and Infrastructure Priority Area as it addresses the resiliency of the EMID water system.
Attachments:
Attachment 1 - San Mateo County Civil Grand Jury Report Entitled “The Other Water Worry: Is Your Water Provider Prepared for the Big One?” (Dated August 5, 2022)
Attachment 2 - Draft Response Letter from the EMID President to San Mateo County Civil Grand Jury
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The Other Water Worry:
Is Your Water Provider Prepared for the Big One?
Release Date: August 5, 2022
Issue Summary Background Discussion Findings Recommendations Request for Responses Methodology Bibliography Appendices Responses ISSUE
To what extent are water providers in San Mateo County prepared to supply water to customers in the event of a major seismic catastrophe?
SUMMARY
Along with the danger of drought, San Mateo County faces the likelihood of a powerful earthquake that could disrupt our supply of drinking water. Most of the water consumed in San Mateo County is sourced from the Hetch Hetchy Water System operated by the San Francisco Public Utilities Commission. In the event of a major earthquake, County water providers expect to regain access to this water supply within 72 hours after a catastrophic seismic event. However, some of those same water providers lack sufficient water reserve capacity to keep their customers’ taps flowing for a three-day period without access to Hetch Hetchy water.
The Grand Jury found that the challenges of the County’s aging water infrastructure are exacerbated by the diffuse patchwork of 16 water providers, each with its own pipes, tanks, management, and business model. Each of the 12 water providers the Grand Jury investigated had adopted a formal emergency response plan (ERP) as required by the Environmental Protection Agency (EPA). Nearly all the ERPs reviewed include provisions for exercises and after-action reports to identify problems. Some of those water providers indicated they had attended emergency response exercises run by other organizations, but none provided documentation that they had performed the emergency exercises specified by their ERPs. None of those water providers produced any after-action reports consistent with their ERPs.
Electric power is critical to the basic functioning of water providers’ service, so back-up generators with sufficient fuel are needed in the event of an electrical power loss. Only about half of the water providers interviewed by the Grand Jury maintain a three-day supply of fuel for their emergency needs.
The County Department of Emergency Management is responsible for coordinating countywide emergency preparedness. The Grand Jury found that this department has had limited contact with Attachment 1
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water providers and could not produce a current list of emergency contacts.
Based on its investigation, the Grand Jury recommends that:
County water providers perform emergency preparedness exercises consistent with their emergency response plans;
County water providers perform an analysis and document an after-action report consistent with their emergency response plans;
County water providers develop plans to increase emergency water storage sufficient to provide emergency water for a period of at least three days; County water providers develop plans to increase emergency fuel storage sufficient to provide emergency fuel for a period of at least three days; and County Department of Emergency Management develop a plan to bring its policy in line with EPA recommendations to coordinate disaster response with County water providers.
GLOSSARY
After-Action Report – An After-Action Report is an evaluation of an emergency response exercise designed to assess performance of exercise objectives and capabilities by documenting strengths, weaknesses, and corrective actions.
BAWSCA – The Bay Area Water Supply and Conservation Agency is a consortium formed by the State of California and major water providers in the San Francisco Bay area for the purpose of negotiating water purchases to buy water from the Hetch Hetchy Regional Water System.
SFPUC – The San Francisco Public Utilities Commission owns and controls the water that flows from the Hetch Hetchy Regional Water System to water providers.
BACKGROUND
Water Matters
Access to clean drinking water is widely recognized as an essential public service. The current drought is now the most visible challenge to our water supply service, but there is another dangerous, and likely inevitable threat to the local water delivery infrastructure in San Mateo County.
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Earthquakes (Will) Happen
The U.S. Geological Survey estimates that the San Francisco Bay area faces a 72% probability of a magnitude 6.7 earthquake sometime in the next 30 years.1 The San Andreas Fault, which triggered the devastating 1906 San Francisco earthquake (magnitude 7.8), runs straight through San Mateo County. The Hayward Fault, which geologists say is overdue for a major earthquake that may destroy important infrastructure, runs through the East Bay.2 In Figure 1, the percentage shown in the colored circles on each named fault represents the probability that a magnitude 6.7 or greater earthquake will occur somewhere on that fault by the year 2043. The dark lines outlined in various colors represent major plate boundary faults; the thinner, yellow lines mark smaller and lesser-known faults.
Figure 1: Map of Earthquake Outlook for the San Francisco Bay region 2014–20433
1 USGS, “What is the probability that an earthquake will occur in the Los Angeles Area? In the San Francisco Bay area?”, accessed June 4, 2022, https://www.usgs.gov/faqs/what-probability-earthquake-will-occur-los-angeles-area- san-francisco-bay-area
2 USGS, "Earthquake outlook for the San Francisco Bay region 2014–2043 - Fact Sheet”, accessed June 4, 2022, https://pubs.er.usgs.gov/publication/fs20163020
3 https://www.usgs.gov/faqs/what-probability-earthquake-will-occur-los-angeles-area-san-francisco-bay-area, June 13, 2022
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A large earthquake along any of the major faults in the area could cause land displacement and related damage. For example, the images in Figure 2 show the damage to large water mains caused by the 1906 San Francisco earthquake on the San Andreas Fault.4 Most of the damage done to San Francisco as a result of the earthquake was attributable to lack of water to fight the fire.
Figure 2: Water Mains Damaged by the 1906 San Francisco Earthquake
Shaking Up the Water System
“The water system is the utility most vulnerable to earthquake damage, and that damage could be the largest cause of economic disruption following an earthquake.” - Los Angeles Mayor’s Office, Resilience By Design (2015) 5
Water systems, relying as they do on underground pipes, are susceptible to damage and failure in the event of earthquakes. This problem is compounded by the fact that County water providers are operating with components that are up to a century old and nearing the end of their useful lives.6
Potential pipe failures are not the only points of vulnerability to earthquake damage. The County’s many water systems – with networks of dams, aqueducts, pump stations, valves, storage tanks, above-ground water mains, and tunnels – are susceptible to damage from earth movement or loss of pumping power. Damage to the electrical grid, phone systems, and transportation infrastructure are also likely obstacles to rapid earthquake response.
In August 2014, a magnitude 6.0 earthquake occurred in Napa County. Aftershocks causing earth movement and further damage continued for months. As many as 163 water pipeline breaks were
4 Water Mains Damaged in 1906 San Andreas Fault Earthquake www.geengineeringsystems.com/ewExternalFiles/1906-2006.pdf, accessed June 2, 2022 and J.B. Macelwane archives, St. Louis University
5 Los Angeles Mayor’s Office, “Resilience by Design” 2015, accessed June 4, 2022, https://www.usrc.org/wp- content/uploads/LA-Resilient-by-Design.pdf
6 Grand Jury interview
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reported and service to some customers was disrupted for weeks.7 In 2011, more than two million Japanese households were without water service following the magnitude 9.1 Tohoku earthquake. Over a million households remained without water service for two weeks.8
The California Governor’s Office of Emergency Services has published a warning to Californians that they should be self-sufficient for at least three days after a major earthquake.9 The Centers for Disease Control recommends that households keep on hand at least a gallon of water per day for each person in the household, with sufficient water for three days for drinking and sanitation.10 The East Bay Municipal Utility District recommends two gallons of water per day for at least seven days for each person in the household.11
So, Who Will Keep Your Taps Flowing?
The County’s drinking water is almost entirely sourced from the Hetch Hetchy Regional Water System, including the Hetch Hetchy reservoir impounded behind the O’Shaughnessy Dam in Yosemite National Park, over 130 miles away and administered by the San Francisco Public Utilities Commission (SFPUC). The Bay Area Water Supply and Conservation Agency (BAWSCA) was formed in 2003 to represent 26 cities, water districts, and private utilities that purchase water from the SFPUC.12
7 Pacific Earthquake Engineering Research Center, University of California Berkeley, “The M w 6.0 South Napa Earthquake of August 24, 2014”, June 2016, https://peer.berkeley.edu/sites/default/files/cssc1603- peer201604_final_7.20.16.pdf
8 T. Okamoto, Y. Kuwata, “Influence to Water Outage due to Damage to Regional Water Supply during the 2011 off the Pacific Coast of Tohoku Earthquake”, 2012, https://www.iitk.ac.in/nicee/wcee/article/WCEE2012_1681.pdf 9 “Community members are expected to be self-sufficient up to 3 days after a major earthquake without government response agencies, utilities, private-sector services, and infrastructure components. Education programs are currently in place to facilitate development of individual, family, neighborhood, and business earthquake preparedness .” California Governor’s Office of Emergency Services, “Earth Quake, Can You Go It Alone For Three Days”, accessed June 10, 2022, https://www.ucop.edu/risk-services/_files/bsas/safetymeetings/oesearthquakebrochure.pdf 10 CDC, “Creating and Storing an Emergency Water Supply”, accessed June 4, 2022, https://www.cdc.gov/healthywater/emergency/creating-storing-emergency-water-supply.html/ 11 East Bay Municipal District (EBMUD), accessed June 14, 2022, https://www.ebmud.com/about-us/construction- and-maintenance/fire-safety-and-suppression/emergency-preparedness 12 Two small water providers do not get their water from SFPUC -- they are County Service Area 7, with 70 customers, in La Honda, and County Service Area 11, with 90 customers in Pescadero. 170
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Sixteen water providers in the County deliver water purchased from SFPUC to residential and business customers in their territories, as shown in Figure 3.13
Figure 3: Water Providers in San Mateo County
Those water providers vary significantly in size of area served, number of customers, water capacity, and form of ownership and control. Some water providers are municipal water districts managed by individual cities; some are special districts run by an elected board; and still others are investor-owned utilities regulated by the California Public Utilities Commission. The areas served by water providers generally do not conform to city boundaries. A single city may be served by several water providers, and one water provider may serve residents in different cities.
Although water providers are independently managed, most of their systems include physical linkages – known as “interties” – that allow them to share water supplies with another provider.
13 Based on User Survey 2014-2015, bawsca.org, accessed June 13, 2022 171
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Figure 4 shows the daily water usage by each water provider in San Mateo County.
Figure 4: Daily Water Usage (in Millions of Gallons) from County Water Providers
19.1 12.0
9.2 5.9
4.3 3.4
3.1 2.8
2.7 2.6
2.5 1.9
1.8 1.5
0.8 0.6
Cal Water--Bayshore
Cal Water--Bear Gulch
Redwood City
Daly City
Estero Municipal Improvement District
Burlingame
San Bruno
Menlo Park
Hillsborough
Mid Peninsula Water District
North Coast Water District
Millbrae
Coastside County Water District
East Palo Alto
Westborough Water District
Brisbane
Millions of Gallons per Day
Water Provider
Daily Water from SMC Providers (2020-2021)
(Data from: bawsca.org, May 14, 2022)
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Securing the Source
The SFPUC has almost completed a ten-year water system improvement project on the Hetch Hetchy Water System. The work included earthquake-hardening construction on dams, aqueducts, underground tunnels, and 280 miles of large diameter pipes that span three major faults (Calaveras, Hayward, and San Andreas) and many secondary faults.
Figure 5: Hetch Hetchy Regional Water System
Prior to a recent Water System Improvement Program, BAWSCA estimated that the water delivery system was at significant seismic risk for outages of 20 - 30 days or more following an earthquake.14 The design criteria for the Hetch Hetchy System seismic upgrade included the goal that most of the water network managed by SFPUC will be restored to 70% of water providers within 24 hours after a major earthquake.15
Hardening and modernizing vulnerable water infrastructure against a major earthquake is costly, disruptive, and impractical for individual water providers. Therefore, much of the local distribution system, between the SFPUC “turnout” to the water provider and the water providers’ customers’ taps, is likely to be older and more vulnerable to earthquake damage.16
14 BAWSCA, “Water System Improvement Program”, accessed June 5, 2022, https://bawsca.org/water/supply/improvement
15 https://ssc.ca.gov/wp-content/uploads/sites/9/2020/08/sfpuc_final_version_12_4-19-06.pdf 16 Grand Jury interview
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Federal Oversight
Several federal agencies share responsibility for regulation and oversight of water providers in San Mateo County.17
Of primary importance to this investigation is oversight administered through the Environmental Protection Agency (EPA). It implements the America’s Water Infrastructure Act of 2018 (AWIA). AWIA requires water providers serving more than 3,300 people to develop a Risk and Resilience Assessment (Resiliency Assessment) that addresses risks from both natural hazards and malevolent actors. It includes an assessment of the resilience of water system infrastructure and operations, including cybersecurity. AWIA also requires providers to develop an Emergency Response Plan (ERP) that includes plans, procedures, and strategies to prepare for and respond to threats identified in their Resiliency Assessment. Water providers were required to self-certify and submit their ERPs to the EPA by December 31, 2021.18 The AWIA requirements for a compliant ERP are shown in Appendix A.
The EPA offers online tools and other resources to help water providers prepare and comply with their AWIA requirements.19 The EPA also encourages utilities to conduct tabletop emergency preparedness exercises as part of their emergency preparedness.20
State Oversight
The State of California has numerous departments, councils, agencies, and commissions involved with water service in one way or another. With respect to emergency preparedness in particular, the California Water Code requires each provider serving more than 3,000 customers to prepare, and submit to Department of Water Resources, an Urban Water Management Plan outlining plans for a diminished water supply. This plan should include planning for water shortages in the event of a natural disaster, and is required to be updated every five years.21
Some water providers are investor-owned companies. These providers are regulated as public utilities by the California Public Utilities Commission, which oversees their rates and operations.
The California Water Service Company, an investor-owned company, is the single largest provider in San Mateo County (see Appendix B).
17 E.g., Department of Homeland Security, Department of Defense, Department of the Interior, Department of Agriculture, Department of Energy, and Department of Health and Human Services. Cody, Schneider, Tiemann, Selected Federal Water Activities: Agencies, Authorities, and Congressional Committees , Congressional Research Service, 2017
18 EPA, “America's Water Infrastructure Act: Risk Assessments and Emergency Response Plans”, accessed June 9, 2022, https://www.epa.gov/waterresilience/awia-section-2013 19 EPA, “Vulnerability Self-Assessment Tool (VSAT): Protect Your Community From Risk”, accessed June 14, 2022
20 EPA, “Tabletop Exercise Tool for Water Utilities”, accessed June 9, https://www.epa.gov/waterresiliencetraining/tabletop-exercise-tool-water-utilities-emergency-preparedness- response-and Climate Resiliency
21 2022, California Department of Water Resources, “Urban Water Management Plans”, accessed June 9, 2022, https://water.ca.gov/Programs/Water-Use-And-Efficiency/Urban-Water-Use-Efficiency/Urban-Water-Management Plans#:~:text=The%20requirements%20for%20UWMPs%20are,required%20to%20submit%20an%20UWMP 174
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County Oversight
No County agency is specifically assigned responsibility for regulation of water providers.
COVID-19 Considerations
Beginning in 2020, the COVID-19 pandemic dramatically impacted every aspect of life, including how public agencies delivered their services. Supply chain disruptions, staffing dislocation, and pandemic restrictions had significant impact on these agencies.
The Role of Readiness: Plan, Practice, Evaluate
“The water system’s training program should … include routine training drills, tabletop exercises and possibly functional exercises, depending on the utilities[’] resources. …The water system should include all the key players in the training exercises, so everyone is familiar with emergency policies and procedures.”22
“Train as you fight; fight as you train – keep the training and exercises close to real as possible because the skills and muscle memory developed is what will be called upon in the face of a real incident.”23
-California State Water Board
Water service interruptions in the event of an earthquake may be inevitable, but the extent and duration of those interruptions will largely depend on preparedness of water providers and emergency managers. How do water providers anticipate and plan for the potential chaos, obstacles, hazards, and contingencies that an actual catastrophe may bring?
The EPA and the Federal Emergency Management Agency (FEMA), a major agency of the Department of Homeland Security, both play significant roles in helping water providers prepare for water emergencies.
The EPA provides tools for agencies to help them prepare their ERPs, including:
Tools on how to train and perform exercises for their personnel and response partners on the contents of their ERPs, including the roles and responsibilities of specific parties.24
22 2015, State Water Resources Control Board Division of Drinking Water Emergency Response Plan Guidance for Public Drinking Water Systems Serving a population of 3,300 or more (approximately 1,000 SC or more , accessed June 9, 2022,
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/documents/security/ddw_em ergency_guidelin es_0215.pdf
23 California Water Boards, “Water Resiliency”, accessed June 9, 2022, https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/water_resiliency/ 24 EPA, “Developing Emergency Response Plans with the Drinking Water State Revolving Fund”, accessed June 9, 2020, https://www.epa.gov/sites/default/files/2021-06/documents/emergency_response_plan-final.pdf 175
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Resources on how to plan for an emergency and how to practice and evaluate those plans before they’re needed. Those resources include videos, detailed checklists, interactive maps, and mitigation and funding recommendations.25
An online guide, titled “Tabletop Exercise Tool for Drinking Water and Wastewater Utilities,” that offers a comprehensive program to assist managers in developing and customizing exercise scenarios with unique local elements and challenges.26 An interactive, user-friendly Earthquake Resiliency Guide that helps water and wastewater utilities be more resilient to earthquakes.27 A Water Sector Utility Incident Action Checklist (excerpt reproduced in Figure 6).28
Figure 6: EPA - Actions to Prepare for an Earthquake29
25 EPA, “The Earthquake Resilience Guide for Water and Wastewater Utilities”, accessed June 9, 2022, https://www.epa.gov/sites/default/files/2018-02/documents/180112-earthquakeresilienceguide.pdf 26 EPA, “Tabletop Exercise Tool for Water Utilities: Emergency Preparedness, Response and Climate Resiliency”, accessed June 14, 2022, https://www.epa.gov/waterresiliencetraining/tabletop-exercise-tool-water-utilities- emergency-preparedness-response-and
27 EPA, “Earthquake Resiliency Guide” (updated February 2022), https://www.epa.gov/waterutilityresponse/earthquake-resilience-guide, accessed June 15, 2022. This resource can be found at Appendix C.
28 EPA, “Water Sector Utility Incident Action Checklist,” https://www.epa.gov/system/files/documents/2021- 10/incident-action-checklist-earthquakes_508c-final.pdf, accessed June 19, 2022 29 See Appendix D
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According to the EPA, “… [t]he water sector should be engaged in a continuous cycle of planning, organizing, training, equipping, exercising, evaluating, and taking corrective actions to achieve and maintain readiness to respond to, and reduce impacts from, emergencies.
Preparedness also leads to increased resiliency, which is a key component of a utility’s ability to provide critical services under adverse conditions.”30 That preparedness cycle is illustrated in Figure 7.
Figure 7: EPA Preparedness Cycle
FEMA has long recognized that well-designed practice sessions or tabletop exercises are a cost- effective, low risk mechanism for training staff, promoting communication across organizations and validating plans, procedures, equipment, systems, tools, facilities, and training for emergency management.31 There have been extensive government efforts to support that goal.
For example, the Department of Homeland Security created The Homeland Security Exercise and Evaluation Program (HSEEP) to train stakeholders like water and sanitation systems in developing and implementing essential readiness components.32
An “After-Action Report” is a formal review of an emergency preparedness exercise, such as a tabletop exercise, that is designed to identify what worked and what needs to be improved. It converts lessons learned from the exercise into concrete, measurable steps to improve response capabilities. It specifically details the actions to take to address recommendations presented, who will be responsible for taking the action, and the timeline for completion.33
Experience gained from both the 1991 Oakland Hills fire and the 1989 Loma Prieta earthquake highlighted the importance of mutual aid among water providers. The California
30 EPA, “How to Develop a Multi-Year Training and Exercise (T&E) Plan”, accessed June 14, 2022, https://www.epa.gov/sites/default/files/2015-05/documents/how_to_develop_a_multi- year_training_and_exercise_plan_a_tool_for_the_water_sector.pdf See also NIH, “Use of After-Action Reports (AARs) to Promote Organizational and Systems Learning in Emergency Preparedness”, accessed June 14, 2022, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3447598/ 31 The White House archives, President George Bush, “Katrina Lessons Learned”, accessed June 9 , 2022, https://georgewbush-whitehouse.archives.gov/reports/katrina-lessons-learned/appendix-a.html 32 FEMA, “Homeland Security Exercise ad Evaluation Program (HSEEP)”, accessed June 9, 2022, https://www.fema.gov/emergency-managers/national-preparedness/exercises/hseep 33 San Francisco Department of Emergency Management, “Phase 4: After Action Report and Improvement Planning,”accessed June 14, 2022, https://sfdem.org/phase-4-after-action-report-and-improvement-planning-0 177
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Water/Wastewater Agency Response Network (CalWARN) was formed and membership eventually expanded to include over 190 utilities across the state. “The mission of CalWARN is to support and promote statewide emergency preparedness, disaster response, and mutual assistance processes for public and private water and wastewater utilities.”34 Its network enables agencies to locate and share vital resources, including both equipment and personnel during emergencies. The EPA recommends that water providers participate in mutual aid activities.35
The County Executive’s Office describes the responsibility of the Department of Emergency Management (County DEM) as “alerting and notifying appropriate agencies within the county’s 20 cities when disaster strikes; coordinating all agencies that respond; ensuring resources are available and mobilized in times of disaster; developing plans and procedures in response to and recovery from disasters; and developing and providing preparedness materials for our residents.”36 Formerly operated by the County Sherriff’s Office as the Office of Emergency Services, County DEM came under the authority of the County Executive’s Office in 2021 and later became a stand-alone County department.
The Grand Jury investigated the degree to which water providers in the County are preparing for potential difficulties in restoring water to customers in the event of an abrupt service interruption.
DISCUSSION
While the SFPUC is nearing completion of its upgrade to the seismic resilience of the Hetch Hetchy Regional Water System, County water providers have managed their infrastructure upgrade programs in diverse ways. Some water providers reported that they can only afford enough capital outlay to replace about 2% of aging components per year without severely increasing water rates.37 History suggests they could face crippling pipeline breaks, equipment damage, and fuel shortages during the aftermath of a major seismic event.
Mitigating an earthquake’s impact requires the ability to:
Quickly identify and repair damage, much of it underground and invisible; Coordinate and communicate with scattered staff in a chaotic post-quake environment; Locate and transport emergency equipment and supplies;
34 CalWARN Mission Statement, accessed June 14, 2022. https://www.calwarn.org 35 EPA, “Water Sector Utility Incident Action Checklist,” accessed June 19, 2022, https://www.epa.gov/system/files/documents/2021-10/incident-action-checklist-earthquakes_508c-final.pdf 36 County of San Mateo, Department of Emergency Management, accessed June 9, 2022, https://www.smcgov.org/ceo/department-emergency-management 37 Grand Jury interviews
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Quickly react and adapt to both likely and unpredictable challenges in a stressful environment; and
Coordinate response with emergency agencies and other water providers.38
Federal and State regulations and guidelines require water providers to document the adequacy of emergency preparation measures, including an ERP. The Grand Jury sought to verify that the individual water providers were in compliance with provisions of their ERPs.39 We also sought to assess emergency preparedness, and potential improvements to the emergency response planning of County water providers.
The Grand Jury selected 12 of the 16 major County water providers, representing a cross-section of populations served and types of providers (municipal water districts, special districts, and public utilities). We reviewed documents and conducted interviews with representatives from each of these water providers listed in Figure 8.
Figure 8: Water Providers Investigated
Water Provider Provider Type40 Population Served
(2021)41
Brisbane Municipal Water District 4,657
Hillsborough Municipal Water District 10,869
Westborough Water District Special District 12,703
Coastside County Water District Special District 18,738 East Palo Alto Municipal Water District 26,181
Mid-Peninsula Water District Special District 26,924
Estero Municipal Improvement
District Special District 37,687
North Coast County Water District Special District 38,546 Cal Water Bear Gulch Public Utility 60,827
Redwood City Municipal Water District 90,518
Daly City Municipal Water District 106,638
Cal Water Bayshore Public Utility 200,111
As required by the America’s Water Infrastructure Act (AWIA), each of these providers has prepared, self-certified, and submitted to the EPA a Resiliency Assessment and an ERP.42 Brisbane was not required by AWIA to submit an ERP specifically, but has an equivalent document titled an Emergency Operations Plan.
38 EPA, March 2018, “Connecting Water Utilities and Emergency Management Agencies”, accessed June 10, 2022, https://www.epa.gov/sites/default/files/2018-05/documents/water_emaconnection.pdf/ 39 Grand Jury interviews/correspondences
40 Grand Jury interviews
41 BAWSCA.org member agency profiles
42 EPA, “America's Water Infrastructure Act: Risk Assessments and Emergency Response Plans”, accessed June 10, 2022, https://www.epa.gov/waterresilience/awia-section-2013 179
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Emergency Response Plans: Promise, Performance, Documentation
The ERPs of all water providers the Grand Jury investigated included provisions for emergency readiness exercises. Only seven specified that these exercises would be performed at least annually. Others contained no commitment about the frequency of exercises. Some water providers we investigated indicated that the COVID-19 pandemic hampered their capacity to perform the exercises required by their ERPs.
The SFPUC invites most County water providers to attend its annual emergency preparedness exercises. Several water providers told us they attend these exercises. Two water providers (Westborough Water District and East Palo Alto) indicated that they did not participate and they did not receive invitations.43 In addition, several water providers informed us that they had participated in general emergency preparedness exercises organized by local public safety and similar agencies in the past.
The Grand Jury was unable to determine whether the SFPUC exercises, or local emergency response planning exercises, satisfied the specific requirements described in the water districts’ respective ERPs, as submitted to EPA.
None of the water districts investigated was able to present to the Grand Jury any documentation showing that they had conducted the water district readiness exercises described in their respective ERPs. In addition, no water provider was able to present to the Grand Jury any After- Action Report related to its ERP requirements.
Backup Water and Fuel
The SFPUC publication on seismic design criteria states that their performance goal for the Hetch Hetchy’s Water System Improvement Program is to restore winter demand volume to 70% of their customer turnouts within 24 hours of a major earthquake.44 The Grand Jury noted that County water providers are reasonably confident the improved SFPUC system will be functioning within three days.45
Grand Jury interviews and BAWSCA data indicate that only seven of the 12 water providers investigated by the Grand Jury had back-up water storage sufficient for three days of normal usage. Several water providers informed the Grand Jury that they should also maintain a three- day back-up storage of fuel to keep generators operating to run the water delivery system during an emergency.
43 Grand Jury interview
44 https://ssc.ca.gov/wp-content/uploads/sites/9/2020/08/sfpuc_final_version_12_4-19-06.pdf 45 Grand Jury interview
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Only seven of the water providers we investigated had a three-day back-up fuel supply. Only four had a three-day back-up supply of both water and fuel, as shown in Figure 9.
Figure 9: Days of Emergency Supplies, by Water Provider46
County Responsibilities
In a catastrophic event, County DEM is responsible for alerting and coordinating agencies’ responses, ensuring availability of resources, and developing plans for response and recovery.
The EPA has published guidance for cooperation that is needed between local emergency management agencies, such as County DEM, and the water providers serving the local communities. Its recommendations include:
Sharing contact information between the agencies and water providers; Joint training and exercises and mutual facilities tours;
46 Grand Jury interviews; BAWSCA, “Member Agency Profiles”, accessed June 11, 2022, https://bawsca.org/members/profiles
0 1
2 3
4 5
6 7
8 Days of Emergency Supplies, by Water Provider
Back-up Water (days)
Back-up Fuel (days)
Minumum Recommendation - 3 Days
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Creating a “water desk” at the emergency agency; and
Coordinating public messaging during a water emergency. 47 The Grand Jury found a gap between these recommendations and County DEM practices.
County DEM informed us that it had no water desk, had not conducted emergency water interruption exercises, had not developed a coordination plan for emergency water interruption, and did not have a current list of emergency contacts for County water providers.
Several water providers informed the Grand Jury that they had, had no recent contact with the County DEM. Several informed us that they believe the County should be responsible for countywide water disaster exercises. To date, County DEM has conducted emergency preparedness exercises, but none addressing catastrophic water interruption.
FINDINGS
The following findings apply to the specific governing bodies identified under “Request For Responses” below:
F1. The water provider was unable to demonstrate that it conducts the emergency exercises specified by its ERP, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
F2. The water provider was not able to produce documentation analyzing past exercises to test readiness and improve their performance, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
F3. The water provider does not have three days of emergency water storage, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
F4. The water provider does not have three days of emergency fuel storage, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
F5. The County Department of Emergency Management has not followed EPA recommendations that it coordinate disaster response with County water providers, which may compromise its ability to coordinate a response to a catastrophic interruption in water distribution service.
47 EPA, “Connecting Water Utilities and Emergency Management Agencies”, accessed June 10, 2022, https://www.epa.gov/sites/default/files/2018-05/documents/water_emaconnection.pdf 182
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RECOMMENDATIONS
The following recommendations apply to the specific governing bodies identified under “Request for Responses” below:
R1. The Grand Jury recommends that, by March 31, 2023, the water provider perform emergency preparedness exercises consistent with its emergency response plan.
R2. The Grand Jury recommends that, by March 31, 2023, the water provider perform an analysis and document an After-Action Report consistent with its emergency response plan.
R3. The Grand Jury recommends that, by March 31, 2023, the water provider develop plans to increase emergency water storage sufficient to provide emergency water for a period of at least three days.
R4. The Grand Jury recommends that, by March 31, 2023, the water provider develop plans to increase emergency fuel storage sufficient to provide emergency fuel for a period of at least three days.
R5. The Grand Jury recommends that, by December 31, 2022, the County Department of Emergency Management develop a plan to bring its policy in line with EPA recommendations to coordinate disaster response with County water providers.
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REQUEST FOR RESPONSES
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses from the following governing bodies:
Water Provider F1 F2 F3 F4 F5 R1 R2 R3 R4 R5
Brisbane/GV Municipal
Improvement District X X X X
Hillsborough X X X X X X X X
Westborough Water District X X X X X X
Coastside County Water District X X X X
East Palo Alto X X X X X X X X
Mid-Peninsula Water District X X X X X X
Estero Municipal Improvement
District X X X X
North Coast County Water
District X X X X X X
Redwood City X X X X X X
Daly City X X X X
San Mateo County X X
The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act.
RESPONSE REQUIREMENTS
California Penal Code Section 933.05, provides (emphasis added):
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for 184
2021-22 San Mateo County Civil Grand Jury 20
discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.
METHODOLOGY
Preliminary Research
The Grand Jury reviewed many news articles and many publicly-available materials that described how water is distributed to San Mateo County and damage that may be caused by catastrophic earthquakes. We also researched which Federal, State, and local agencies help regulate water in San Mateo County. The sources of such documents included various departments of San Mateo County government, LAFCO, Federal and State agencies (including EPA, FEMA, DHS, and USGS), BAWSCA, and others.
Interviews and Document Requests
The Grand Jury conducted 27 interviews of public officials representing San Mateo County government departments, the San Francisco Public Utilities Commission, and water providers serving customers across San Mateo County. These included individuals that had general and specific knowledge regarding emergency services, water provision, and water ecosystems in San Mateo County. The Grand Jury also reviewed a multitude of documents provided by these agencies in response to document requests.
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Bibliography
Association of Bay Area Governments. “Multi-Jurisdictional Local Hazard Mitigation Plan, 2010”. https://abag.ca.gov/sites/default/files/lhmp-infrastructure-ch.pdf. Accessed June 21, 2022
Association of Bay Area Governments. “Cascading Failures: Earthquake Threats to Transportation and Utilities”. December 2014.
https://abag.ca.gov/sites/default/files/infrastructurereport_2014.pdf. Accessed June 21, 2022
Bay Area Water Supply and Conservation Agency. “The Wholesale Regional Water System Security and Reliability Act” https://bawsca.org/docs/AB_1823_facts.pdf.
Accessed June 12, 2022
Bay Area Water Supply and Conservation Agency. “Member Agency Profiles”. https://bawsca.org/members/profiles. Accessed June 12, 2022 Bay Area Water Supply and Conservation Agency. “San Francisco Public Utilities Commission Regional Capital Projects Underway.” April 2003. https://bawsca.org/docs/CIP_projects.pdf. Accessed June 21, 2022 Bland, Alister. “How California Water Suppliers Are Getting Earthquake Ready.” April 19, 2018. https://deeply.thenewhumanitarian.org/water/articles/2018/04/19/how- california-water-suppliers-are-getting-earthquake-ready. Accessed June 21, 2022 Carle, David. Introduction to Water in California, Second Edition. University of California Press, 2016
County of San Mateo. “Water Supply Fix Underway”. March 31, 2011. https://www.smcgov.org/district-2-carole-groom/news/water-supply-fix-under-way.
Accessed June 21, 2022
Craig, Sarah. “Hetch Hetchy’s Water Epic Journey, From Mountains to Tap”. July 12, 2018. KQED. https://www.kqed.org/news/11674188/hetch-hetchy-waters-epic-journey- from-mountains-to-tap. Accessed June 21, 2022
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Kenter, Peter. “Water Utility System Rebuilds System After Disaster” Municipal Sewer and Water. July 2016.
https://www.mswmag.com/editorial/2016/07/water_utility_rebuilds_system_after_disaste r. Accessed June 21, 2022
Metropolitan Water District of Southern California. “Metropolitan's emergency storage requirement.” 5.11 (2010).
http://mwdh2o.granicus.com/MetaViewer.php?view_id=7&clip_id=755&meta_id=24400 Accessed June 21, 2022
Metropolitan Water District of Southern California. “Seismic Resilience Report 2020 Update”. February 2020. https://www.mwdh2o.com/media/20396/seismic-resilience- report-2020-update.pdf. Accessed June 21, 2022
Tetra Tech. “2021 Multijurisdictional Local Hazard Mitigation Plan October | 2021 Volume 1—Planning-Area-Wide Elements”. October 2021.
https://www.smcgov.org/ceo/2021-multijurisdictional-lhmp. Accessed June 21, 2022 US Department of the Interior, US Geological Survey. “The HayWired Earthquake Scenario – Earthquake Hazards.” Version 1.2 December 2018. https://pubs.usgs.gov/sir/2017/5013/sir20175013ah_v1.2.pdf. Accessed June 21, 2022 The United States Environmental Protection Agency (EPA). “Planning for an Emergency Water Supply”. June 2011. https://www.epa.gov/sites/default/files/2015- 03/documents/planning_for_an_emergency_drinking_water_supply.pdf. Accessed June 21, 2022
Water Research Foundation. “Business Continuity Planning for Water Utilities:
Guidance Document”. 2013.
https://www.waterisac.org/system/files/Business+Continuity+Planning+for+Water+Utilit ies.pdf. Accessed June 21, 2022
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List of Appendices
Appendix A: Select Federal and State Laws Affecting Water Providers
Appendix B: California Water Service, Areas Served
Appendix C: Earthquake Resiliency Guide
Appendix D: EPA Incident Action Checklist – Earthquake
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APPENDIX A
SELECT FEDERAL AND STATE LAW AFFECTING WATER PROVIDERS
America’s Water Infrastructure Act of 2018
Section 2013 of the law requires providers serving more than 3,300 people to develop and submit to the EPA a Risk and Resilience Assessment (Resiliency Assessment) as well as an Emergency Response Plan (ERP). The law requires that both documents include specific information.
Risk and Resilience Assessment (Section 2013)
1) “…[t]he risk to the system from malevolent acts and natural hazards; 2) the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system; 3) the monitoring practices of the system;
4) the financial infrastructure of the system;
5) the use, storage, or handling of various chemicals by the system; and 6) the operation and maintenance of the system.”
Emergency Response Plan (Section 2013)
1. “…strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system;
2. plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water;
3. actions, procedures and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes and construction of flood protection barriers; and
4. strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system.”
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California Water Code
At the State level, California Water Code California Water Code, §10610-10656 and §10608 specify that water providers serving more than 3,000 connections develop and submit an Urban Water Management Plan.
Urban Water Management Plan (UWMP)
The UWMP is largely focused on the need for providers to develop measures to reduce demand and to design sets of mitigation measures for possible implementation in the event of drought conditions or emergency loss of water service resulting from natural disaster. The UWMP is required to:
(1) Assess the reliability of water sources over a 20-year planning time frame. (2) Describe demand management measures and water shortage contingency plans. (3) Report progress toward meeting a targeted 20 percent reduction in per-capita (per- person) urban water consumption by the year 2020.
(4) Discuss the use and planned use of recycled water.
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APPENDIX B
CALIFORNIA WATER SERVICE, AREAS SERVED
Bayshore District - services the cities of
● San Carlos
● San Mateo
● South San Francisco
● Colma
Bear Gulch District – services the cities of
● Portola Valley
● Woodside
● Atherton
● Menlo Park
● Unincorporated Portions of
San Mateo County
California Water Service (an investor-owned
water provider) provides water to residents in
these cities through its Bayshore and Bear
Gulch districts. California Water Service rates
and operations are regulated by the California Public Utility Commission.
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APPENDIX C
EPA, “Earthquake Resiliency Guide” (2018)
https://www.epa.gov/waterutilityresponse/earthquake-resilience-guide (accessed June 15, 2022).
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APPENDIX D
EPA Incident Action Checklist – Earthquake
Incident Action Checklist – Earthquake
Earthquake Impacts on Water and Wastewater Utilities
An earthquake is caused by the shifting of tectonic plates beneath the Earth’s surface. Ground shaking from moving geologic plates collapses buildings and bridges, and sometimes triggers landslides, avalanches, fla s
h
flo
o
ds, fire
s
and t sunami s . The strong ground motion of earthquakes has the potential to cause a great deal of damage to drinking water and wastewater utilities, particularly since most utility components are constructed from infle
x
i bl e ma t er ial s (e. g. , concr et e, me t al pi pes) . Ear thquakes cr eat e ma ny cascadi ng and secondar y impacts that may include, but are not limited to:
• Structural damage to facility infrastructure and equipment • Water tank damage or collapse
• Water source transmission line realignment or damage
• Damage to distribution lines due to shifting ground and soil liquefaction, resulting in potential water loss, water service interruptions, low pressure, contamination and sinkholes and/or large pools of water throughout the service area • Loss of power and communication infrastructure
• Restricted access to facilities due to debris and damage to roadways
The following sections outline actions water and wastewater utilities can take to prepare for, respond to and recover from an earthquake.
Example of Water Sector Impacts and Response to an Earthquake East Bay Municipal Utility District Mitigates Earthquake Impacts Following the 1989 Loma Prieta earthquake, the East Bay Municipal Utility District (EBMUD) in Oakland, California, began developing a comprehensive seismic program to increase their ability to recover from earthquake impacts and reduce water and wastewater service interruptions. Taking a proactive approach, EBMUD was the fir s
t US wa t er ut ility to comp r ehensi vel y ret rof it i
ts ser vice area f aci l ities t o addr ess
seismic weaknesses.
The utility began by assessing its entire water distribution network to determine areas of improvement. Upgrades included installation of fle x
i bl e
joints and hoses to minimize pipe ruptures and to facilitate rerouting of water around broken pipes. The utility also created alternative transmission routes for pipes that cross fault zones.
EBMUD did a great deal of work to reinforce aqueducts to make them more resilient to earthquake impacts, including strengthening levees at aqueduct crossings and pipe foundations at river crossings, reinforcing pipe joints on buried portions of pipe, and strengthening pipe support structures on elevated portions of the aqueduct. The utility is also designing aqueduct interconnections to create bypasses around damaged segments after a levee failure or earthquake. These bypasses allow the utility to continue providing service to customers while permanent repairs are being made.
Since 1989, EBMUD has invested more than $350 million in their seismic program, which has been primarily funded by bonds that are being repaid through a seismic surcharge on customers’ water bill of just over one dollar per month for single-family residential homes.
Source: EBMUD’s 2011 “Earthquake Readiness: Protecting Life Safety and Public Health ” FEMA
The actions in this checklist are divided up into three “rip & run” sections and are examples of activities that water and wastewater utilities can take to: prepare for, respond to and recover from an earthquake. For on-the-go convenience, you can also populate the “My Contacts” section with critical information that your utility may need during an incident. 1 of 8
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City of Foster City 610 Foster City Boulevard, Foster City, CA 94404 P: (650) 286-3200 F: (650) 577-0983 E: [email protected]
OFFICE OF THE CITY COUNCIL
City of Foster City
October 4, 2022
Honorable Amarra A. Lee
Judge of the Superior Court
c/o Jenarda Dubois
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
RE: RESPONSE FROM THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT (EMID) TO THE SAN MATEO COUNTY CIVIL GRAND JURY REPORT "THE OTHER WATER WORRY: IS YOUR WATER PROVIDER PREPARED FOR THE BIG ONE?"
Honorable Amarra A. Lee:
Thank you for the opportunity to review and comment on the above referenced Grand Jury Report issued on August 5, 2022. EMID’s responses to both the findings and recommendations are listed below.
Responses to Grand Jury Findings:
F1. The water provider was unable to demonstrate that it conducts the emergency exercises specified by its ERP, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
Response to F1:
EMID partially disagrees with this finding because EMID’s currently certified Emergency Response Plan does not contain a specified timeline for emergency exercises. However, the current EMID Emergency Response Plan was exercised in November 2021 prior to its certification in December 2021.
F2. The water provider was not able to produce documentation analyzing past exercises to test readiness and improve their performance, which may compromise its ability to supply water following a catastrophic interruption in water distribution service.
Response to F2:
EMID agrees with the finding.
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City of Foster City 610 Foster City Boulevard, Foster City, CA 94404 P: (650) 286-3200 F: (650) 577-0983 E: [email protected] Responses to Grand Jury Recommendations:
R1. By March 31, 2023, the water provider perform emergency preparedness exercises consistent with its emergency response plan.
Response to R1:
The recommendation will not be implemented by the recommended due date, but EMID will perform at least one emergency preparedness exercise consistent with its Emergency Response Plan before December 31, 2023.
R2. By March 31, 2023, the water provider perform an analysis and document an After-Action Report consistent with its emergency response plan.
Response to R2:
The recommendation will not be implemented by the due date, but EMID will perform an analysis and document at least one After-Action Report consistent with its emergency response plan before December 31, 2023.
Pursuant to Penal Code Section 933.05 and the Brown Act, this response was considered by the EMID Board at a public meeting on October 3, 2022. Should you have any questions concerning this response, please contact Public Works Director Louis Sun at (650) 286-3279.
Respectfully,
Richa Awasthi
President
Estero Municipal Improvement District Board of Directors 195
DATE: October 3, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Jennifer Phan, Deputy City Manager
SUBJECT: CONSIDERATION OF LETTER IN SUPPORT OF SAN MATEO
COUNTY TRANSPORTATION AUTHORITY'S GRANT
APPLICATIONS FOR SENATE BILL 1 FUNDING
RECOMMENDATION
It is recommended that the City Council, via Minute Order, authorize the Mayor on behalf of the City to sign a letter in support of the San Mateo County Transportation Authority's 2022 grant applications for Senate Bill 1 (SB 1) funding for the Highway 101 and State Route 92 (US 101 /SR 92) Area Improvements and Multimodal Project.
EXECUTIVE SUMMARY
The San Mateo County Transportation Authority (SMCTA) is submitting grant applications under SB 1's Solutions for Congested Corridors (SCCP) Program and Local Partnership Program (LPP) to seek funding in support of construction of multiple projects related to the Highway 101 and State Route 92 (US 101/SR 92) Area Improvements and Multimodal Project. It includes the bundling of three elements described below:
1. Highway Interchange Area Improvements – This project is focused on safety and operational improvements for on-/off-ramps and merge areas.
196
2. Fashion Island Boulevard/19th Avenue Class IV Separated Bikeway –
1.3 mile two-way separated bikeway, four protected intersections and landscaping.
3. SamTrans Mobility Hub – This will serve the planned US 101 Express Bus Service to SF and will act as the midpoint connection for Route ECR.
The US 101/SR 92 Project will help ease congestion by improving traffic flow, reduce hazardous vehicle weaving incidents, and improve safety conditions and local connections to and from the highway. With limited funds available for multi-modal projects like this one, state grant opportunities such as SB 1 become vital.
City staff is seeking City Council authorization on a letter of support (Attachment 1) for the SMCTA's grant applications, as the proposed improvements will not only improve traffic flow and safety, but alleviate congestion at existing bottlenecks within the interchange, reducing spillover onto City/local streets by increasing storage capacity to alleviate queuing back-ups on the highways.
BACKGROUND
In response to the state's transportation crisis, the Road Repair and Accountability Act of 2017, or Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), was passed and signed into law, increasing transportation funding and instituting much-needed policy reforms to ensure accountability and transparency of state and local programs funded by the bill. SB 1 increased per-gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees, and also provided for inflationary adjustments to tax rates in future years. However, with that said, SB 1 in effect provided for significant, stable, and an ongoing increase in state transportation funding through a number of programs including the following.
The Solutions for Congested Corridors Program (SCCP) is a statewide, competitive program that annually appropriates $250 million to the Program from the State Highway Account. The California Transportation Commission (Commission) allocates these funds to projects that are designed to achieve a balanced set of transportation, environmental, and community access improvements within highly congested travel corridors throughout the state.
Eligible projects implement specific transportation performance improvements and are part of a comprehensive corridor plan by providing more 197
transportation choices while preserving the character of local communities and creating opportunities for neighborhood enhancement.
The Local Partnership Program (LPP) likewise, annually appropriates $200 million from the Road Maintenance and Rehabilitation Account to local and regional transportation agencies that have sought and received voter approval of taxes or that have imposed fees, which taxes or fees are dedicated solely for transportation improvements. Consistent with Senate Bill 1, the Commission intends this program to balance the need to direct increased revenue to the state’s highest transportation needs while fairly distributing the economic impact of increased funding.
ANALYSIS
Since its inception, the SB 1 Program has been the most significant leveraged state funding source for SMCTA programs and projects. The (US 101 /SR 92) Project is being completed in partnership with the California Department of Transportation (Caltrans) and the City/County Association of Governments of San Mateo County (C/CAG). Aside from interchange improvements, it also includes multimodal elements. The Mobility Hub, which is proposed by SamTrans at the existing Park and Ride lot under the US 101/SR 92 interchange, would be designed to accommodate new express bus services to connect users to San Francisco. This facility would include new bus stops, improved pedestrian connectivity to the local street network, sheltered waiting areas, real-time transit displays, interactive information kiosks, electric vehicle chargers, bicycle lockers, micromobility-ready charging areas, and parking management. Additionally, although within the City of San Mateo, the Fashion Island Boulevard and 19th Avenue Smart Corridor, would connect directly to the Mobility Hub. The Smart Corridor would include design options for a proposed Class IV separated bikeway. Smart corridor technology would be incorporated into the Project design to encourage regional transit usage including smart streetlights, air quality monitoring, traffic signal detection enhancements, and smart kiosks and digital bus stops with real-time transit information.
These particular elements add to the US 101/SR 92 Project's competitiveness in grant opportunities by delivering more local benefits to the community surrounding the interchange. The proposed US 101/SR 92 Project represents the first step in planning and designing a corridor that connects San Mateo and Foster City residents and workers directly with regional multimodal transit options to allow people to opt out of congestion through the interchange. As 198
such, it is recommended that the City Council authorize the Mayor to sign on behalf of the City a letter of support (Attachment 1) to express shared collaboration with regional partners on initiatives that can improve safety, reduce impacts on the environment, and provide increased accessibility to sustainable transportation options.
ENVIRONMENTAL DETERMINATION
Supporting the grant application is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment, under CEQA Guidelines Section 15378(b)(5).
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This action is in alignment with the City's Vision and Mission, as well as the "Smart Planning, Development, and the Local Economy" and "Innovation and Sustainability" Value/Priority Areas.
Attachment:
Attachment 1 – Draft Letter in Support of SMCTA's 2022 Grant Application for Senate Bill 1 Funding
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City of Foster City 610 Foster City Boulevard, Foster City, CA 94404 P: (650) 286-3200 F: (650) 577-0983 E: [email protected]
OFFICE OF THE CITY COUNCIL
City of Foster City
October 4, 2022
The Honorable Mitch Weiss
Executive Director
California Transportation Commission
1120 N Street, MS 52
Sacramento, CA 95814
Dear Executive Director Weiss:
On behalf of the City of Foster City, I write in support of the San Mateo County Transportation Authority’s 2022 application for Senate Bill 1 (SB 1) Funding to help support construction of the United States Highway 101 and State Route 92 (US 101 /SR 92) Area Improvements and Multimodal Project. This project is being completed in partnership with the California Department of Transportation (Caltrans) and the City/County Association of Governments of San Mateo County (C/CAG).
The US 101/SR 92 Interchange, located in the heart of San Mateo County, is an essential connection to the San Francisco Airport, South San Francisco biotech industries, the Silicon Valley, as well as major East Bay destinations. Under normal conditions, over 345,000 vehicles travel through this interchange each day, which is consistently identified as the worst interchange in the County in terms of congestion and extended delays.
Throughout the Bay Area, we are seeing a return to pre-pandemic levels of traffic, where heavy traffic volumes and inadequate capacity at this interchange can cause traffic to slow to as little as seven miles per hour during both the morning and afternoon peak periods. These delays often result in miles of traffic in multiple directions as well as significant congestion on our local streets.
This critical state assistance will help fund construction activities related to the realignment of the US 101/SR 92 Interchange, implementation of fully separated all ages and abilities bicycle facilities and pedestrian access improvements in the area, as well as construction of the first major transit mobility hub in the County. The project will ease congestion by improving traffic flow, reduce hazardous vehicle weaving incidents, improve safety conditions and local connections to and from the highway. The proposed bicycle facilities, pedestrian improvements, and new transit mobility hub aim to support a shift to healthier, active transportation options and improve local access for all modes of transportation. The expected increase in the use of sustainable modes of travel, namely walking; cycling and use of transit, also help reduce GHG emissions and improve overall quality of life.
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City of Foster City 610 Foster City Boulevard, Foster City, CA 94404 P: (650) 286-3200 F: (650) 577-0983 E: [email protected] As we all work together to improve highway safety, move more people in fewer vehicles, help reduce carbon emissions and ease congestion, we understand the long-term benefits this regionally significant project could bring San Mateo County and the entire Bay Area. We hope you will prioritize it for SB 1 funding.
Thank you for your time and consideration.
Sincerely,
Richa Awasthi
Mayor, City of Foster City
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DATE: October 3, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Louis Sun, Public Works Director
Andra Lorenz, Principal Management Analyst
SUBJECT: SOLID WASTE COLLECTION RATES FOR RATE YEAR 2023
RECOMMENDATION
It is recommended that the City Council review and discuss the proposed Solid Waste collection rates for Calendar Year 2023 and by Minute Order provide direction to staff on the issuance of a Proposition 218 Notice for a public hearing to be held on November 21, 2022, that contains the following:
1. Increasing the 2022 collection rates by no more than 5.0% for 2023; and
2. Increasing the 2022 “Rates for Additional Services” (optional services requested by customers above the base service level) by no more than
4.184% for 2023.
EXECUTIVE SUMMARY
Based on the known calculated costs for collection, materials processing, disposal, legal compliance, outreach and program administration, the revenue immediately required to run the solid waste program for Rate Year 2023 requires a rate increase of 2.5%.
In addition, the SBWMA is currently in parallel negotiations with contractors to run the Shoreway Environmental Center when the contract with the current operator expires on December 31, 2023. While the final outcome of that 202
process is not yet known, the SBWMA has advised member agencies that, no matter which contractor is selected, the costs to operate the Center will almost certainly increase significantly, which will necessitate a substantial rate increase in future years.
Based on of these factors, taking into account solid waste and recycling program fund balances, and in order to smooth rates as detailed in the analysis section of this report, Staff recommends that the Proposition 218 notice be prepared with base rates for Rate Year 2023 to be increased by no more than +5.0% over current rates. If a 5.0% increase is ultimately approved at the Public Hearing on November 21, 2022, Foster City’s rate for a 32- gallon container (the most commonly subscribed size) would increase by $1.31 to $27.51 per month, the lowest among the SBWMA member agencies compared to the approved 2022 rates, and would likely remain the second lowest after the other SBWMA agencies adjust their current rates for next year.
Finally, an increase of 4.184% is required for Additional Services which are the optional services provided to customers above the base service level upon customers’ request and paid by the requesting customer. Attachment 1 lists the proposed 2023 rates for Additional Services.
BACKGROUND
The City Council annually establishes rates to be charged for solid waste, recycling, and organic material collection sufficient to cover the revenue requirements of the collection and processing program.
Past Foster City base rate adjustments adopted over the last five years are as follows:
Year: Base Rate Adjustment
Rate Year 2018: +3.5%
Rate Year 2019: +3.8%
Rate Year 2020: +4.0%
Rate Year 2021: +2.0%
Rate Year 2022: +4.5%
Average Adjustment 2018-2022: +3.6%
Single family residential rates for all services (garbage, recycling, and organics) are based upon the size of the black garbage cart. Customers who 203
down-size to smaller garbage cart sizes, while keeping any preferred size recycling and organics carts, presumably reduce trash to the landfill and receive the benefit of a less expensive service charge.
ANALYSIS
Solid waste revenue requirements are calculated by determining the anticipated cost of service in the upcoming rate year plus any shortfall balances from previous rate years, and adjusting the rates based upon the calculated difference between the estimated revenue required and the anticipated revenues that would be collected at current rates and service levels.
The total annual cost of the solid waste and recycling program includes collection, processing, disposal, compliance, administration, and fees. Collection. Recology’s annual compensation application for collection services is reviewed by the SBWMA for compliance with the approved Franchise Agreement. Recology’s compensation is adjusted annually based on CPI indices and changes in service levels. Service level adjustments are calculated based on a three year rolling average of single family accounts, commercial lifts, and drop box pulls based on an annual route audit conducted over a four-week period. On September 22, 2022, the SBWMA Board approved a 4.6% increase to Recology’s compensation for 2023 based upon the calculation methodology in the Franchise Agreement.
Processing. Materials collected from the City’s residents and businesses are delivered by Recology to the SBWMA-owned Shoreway Environmental Center and assessed fees for solid waste and organics processing based on tonnage. South Bay Recycling (SBR) operates the Shoreway facility under a contract with the SBWMA. SBR’s annual compensation application for processing services is reviewed by the SBWMA for compliance with their contract. On September 22, 2022, the SBWMA Board approved a 6.5% increase to SBR’s compensation for 2023, based on index adjustments, especially those related to fuel costs.
Disposal. Disposal costs are based on fees negotiated under agreements between the SBWMA and Ox Mountain Landfill, Newby Island Resource Recovery Park and Blossom Valley Organics. 204
Revenue from the sale of processed recyclable commodities is used to offset rates for materials disposal.
Compliance and Administration. Program costs include SBWMA outreach, education, reporting, compliance and administration activities, debt service payments for bonds reissued in 2019 for the Shoreway facility, and the franchise fee paid to the City of San Carlos for the Shoreway Environmental Center. Most recently, the SBWMA has taken a leading role in ensuring each member agency’s compliance with the outreach, route review, waiver validation and documentation requirements of SB 1383. Continuing significant insurance costs for the facility are also reflected in the 2023 revenue requirement.
Agency Fees. Foster City’s fees include a modest franchise fee designed to recover City costs associated with the operation of the franchise and to compensate the City for the use of City property. The franchise agreement also includes a street sweeping fee of approximately $100,000 to fund the City’s street sweeping contract.
Revenue Requirement
Table 1 shows the total anticipated cost for services for 2023 of $6,915,014 is $171,247 (or 2.5%) less than the $6,743,767 that would be estimated to be collected in revenue at current 2022 rates. Because the City Council has been proactive in setting the rates to allow for rate smoothing, a reserve balance of $490,653 has accumulated such that no rate adjustment is immediately necessary to meet the revenue requirements for Rate Year 2023.
However, the SBWMA is currently involved in parallel track negotiations for a 205
contractor to operate the Shoreway Environmental Center after the current contract expires in 2024. Although the outcome is not yet known, SBMWA has alerted members that it is very likely that the final contract cost will add several percentage points to the solid waste rates for all member agencies.
Based on SBWMA’s rate projections, staff is recommending an additional
2.5% be added to the 2023 rate in order to smooth this anticipated cost increase.
Staff recommends to send out the Proposition 218 Notice with an intent to increase base rates by no more than 5.0% in Rate Year 2023. Setting these rates would preserve revenue reserves, as well as approximately $150,000 in a restricted Rate Stabilization Account, to smooth anticipated future costs associated with materials processing and implementation of SB 1383. A 5.0% increase equals $1.31 per month for a 32-gallon cart, which is the most highly subscribed service among residential customers.
The draft Proposition 218 notice that is included as Attachment 2 has been prepared with a 5.0% adjustment based upon Staff’s recommendation. If the City Council directs staff to propose a rate adjustment higher than 5.0% in the Proposition 218 Notice, Staff will modify the Proposition 218 notice accordingly.
Additional Services (Attachment 1)
In addition to the base rates for standard services, the City annually adopts a schedule of rates for “Additional Services” for “on demand” services charged by Recology. Since these costs are charged on a usage basis and are paid for directly by the customers who request them, they are not included in Recology’s “base compensation.”
Per the Franchise Agreement, the contractor’s costs for “Additional Services” are adjusted each year based on the cost to provide the service. For 2023 the increase is 4.184%. (See Attachment 1). It is recommended that the City approve the fees for these services to cover the contractor’s costs.
Proposition 218
The Franchise Agreement requires the City to follow Proposition 218’s public noticing and majority protest procedures in order to increase base rates and rates for Additional Services. Upon direction from the City Council, the attached Proposition 218 Notice will be mailed to each customer within the 206
week following this meeting.
With City Council approval of the Staff recommendation, the Proposition 218 notice will reflect that solid waste rates will be increased by no more than
5.0% over the 2022 levels for 2023 and that rates for Additional Services will be increased by no more than 4.184% over the 2022 levels for 2023.
Following the required minimum 45-day noticing period, on November 21, 2022, the City Council will hold a public hearing to consider the adoption of a resolution increasing rates accordingly.
Attachment 3 compares the 2022 residential rates of the SBWMA Member Agencies. Foster City’s proposed 2023 rate of $27.51 per month for a 32- gallon container (the most commonly subscribed size) would remain the lowest among the SBWMA member agencies’ current rates.
FISCAL IMPACT
Solid waste collection service costs in Foster City are covered by the solid waste rates paid by residents and businesses. The costs of these services do not impact the City budget or the General Fund.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This action aligns with the City Council’s value of innovation and sustainability by supporting the community’s proper and efficient disposal of solid waste materials in order to sustain the environmental health of the planet.
Attachments:
Attachment 1 - Additional Services (Attachment Q of the Franchise Agreement)
Attachment 2 - Draft Proposition 218 Notice
Attachment 3 - Comparison of Foster City 2023 Proposed Rates to SBWMA Member Agencies’ Approved 2022 Rates
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ATTACHMENT Q
2023 RATES FOR ADDITIONAL SERVICES
Collection Services Franchise Agreement with Recology San Mateo County Attachment Q City of Foster City Additional Services