Foster City City Council
November 21, 2022

CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY. THE GOVERNOR OF CALIFORNIA PROCLAIMED A STATE OF EMERGENCY RELATED TO COVID-19 ON MARCH 4, 2020. THIS 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 HTTPS://FOSTERCITY-ORG.ZOOM.US/J/85219102259 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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

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

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

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

To Observe the Meeting via Teleconference/Video Conference:
• To access the meeting by computer / smartphone, go to:
https://fostercity-org.zoom.us/j/85219102259

• To dial-in via phone:
1-669-900-6833 or
1-669-444-9171
And enter Webinar ID: 852 1910 2259

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 submit ted by email should 1 adhere to the following:
• Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items 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, November 21, 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 Recognizing Supriya Singh for Her Work with the Foster City Village

4.2. A Proclamation Recognizing November 2022 as Native American Heritage Month

4.3. Presentation by Foster City Library Manager Julie Finklang Regarding the San Mateo County Library 2021-2022 Annual Report

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 2 or other persons and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to three minutes. The City Council may vary the time limit for any speaker, if it deems this necessary." Speakers may join the Zoom meeting via the meeting link and using the “raise hand” feature and the Zoom host will call on people.

6. CITY/EMID CONSENT CALENDAR

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

6.1. City/EMID Minutes

6.1.1. City/EMID Regular Meeting of November 7, 2022

6.2. City/EMID Ordinances for Adoption (First City Ordinance Number to be used tonight is 656)

6.2.1. 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 8.12, “Tobacco Retailer Permit” and Section 8.11.040, “Enforcement” Within Chapter 8.11 “Regulation of the Sale of Flavored Tobacco Products a
nd Electronic Cigarettes” Relating to
Enforcement (First Reading November 7, 2021) and finding Ordinance exempt from the California Environmental Quality Act a) Adopt Ordinance

6.3. City/EMID Resolutions for Adoption (First City Resolution Number to be used tonight is 2022-128 and EMID Resolution Number to be used tonight is 3690)

6.3.1. A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Sole Source Purchase of Sensus Large Water Meters From Thirkettle Corporation, (Dba Aqua-metric Sales Company) in an Amount Not to Exceed
$150,000.00
a) Staff Report
b) Adopt Resolution

3 6.3.2. A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Sole Source Professional Services Agreement with Verde Design, Inc. for Professional Engineering Services, Bidding Support and Construction Support for Sea Cloud Park S4 Synthetic Resurfacing Project (CIP 301-
709) in the
Amount of $56,800 with a Contingency of $8,000
a) Staff Report
b) Adopt Resolution

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

6.3.4. a) A Resolution of the City Council of the City of Foster City Adopting an Updated Investment Policy Dated November 21, 2022 and Authorizing the City Manager or City Treasurer to Execute Documents for the City to Join with Other Public Agencies as Shareholders of the California Asset Management Trust, a Joint Powers Authority (JPA), to Invest in Shares of the Trust and to Join as an Investor; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting an Updated Investment Policy Dated November 21, 2022 and Authorizing the City Manager or City Treasurer to Execute Documents for the City to Join with Other Public Agencies as Shareholders of the California Asset Management Trust, a Joint Powers Authority (JPA), to Invest in Shares of the Trust and to Join as an Investor
c) Staff Report
d) Adopt Resolutions

6.4. City/EMID Other

6.4.1. By Minute Order, Receive and Accept Report on 1st Quarter Fiscal Year 2022-23 Financial Update
a) Staff Report
4 7. PUBLIC HEARINGS

7.1. A Public Hearing To Hear and Consider Public Comments Regarding the Proposed Solid Waste Collection Rates for Calendar Year 2023 a) Open Public Hearing
b) Staff Report
c) Receive Public Testimony
d) Close Public Hearing
e) Action - A Resolution of the City Council of the City of Foster City Authorizing an Increase to Solid Waste, Recyclables, and Organic Materials Collection Rates for Calendar Year 2023 by 5.0% and the Rates for Unscheduled Services by 4.184% Effective January 1, 2023

8. REPORTS

8.1. Consideration of the Independent Citizens' Bond Oversight Committee's (Levee Bond Oversight Committee) Annual Report to the City Council Regarding the Expenditures of Bond Proceeds Associated with the Levee Improvements Project (CIP 327-657)
a) Staff Report
b) Action - By Minute Order, Receive and Accept Report

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

8.3. Report on Wastewater Treatment Plant Master Plan Improvements Project (CIP 455-652) - Clean Water Program - Update for July through September 2022
a) Staff Report
b) Action - By Minute Order, Receive and Accept Report

9. RESOLUTIONS FOR ADOPTION

9.1. Consideration of an Agreement in the Amount of $5,483,957 with Group 4 Architecture, Research + Planning, Inc for Professional Design, Bidding, Environmental Review and Construction Support Services for the Recreation Center Replacement Project (CIP 301-678) and a Project
Participation Plan
a) Staff Report
b) Action - A Resolution of the City Council of the City of Foster City Authorizing an Agreement in the Amount of $5,483,957 with Group 4 Architecture, Research + Planning, Inc for Professional Design, Bidding, 5 Environmental Review and Construction Support Services for the Recreation Center Replacement Project (CIP 301-678)
c) Action - By Minute Order, Receive and Accept Project Participation Plan

10. COMMUNICATIONS

10.1. City/District Warrants of Demands were Processed and Issued on October 31, 2022, and ACH were processed on November 4, 2022. a) Information Item Only
b) No Action Required

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

AND REQUESTS, AND COUNCIL LIAISON REPORTS

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

12. ADJOURNMENT

The public is invited to attend.

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

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

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

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

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

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

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

6 7
8 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF NOVEMBER 7, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of November 7, 2022 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Richa Awasthi.

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

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Ben Stock, City Attorney/District Legal Counsel; 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; Rob Lasky, IT Manager; Marty Cooper, Chief Building Inspector; Julie Paping, Principal Management Analyst; Shuli Chen, Video Technician and Yelena Cappello, Acting City Clerk/ Recording Secretary.

SPECIAL PRESENTATIONS

PROCLAMATION CELEBRATING THE 50TH ANNIVERSARY OF THE FOSTER CITY

CHAMBER OF COMMERCE
Mayor Awasthi presented the proclamation Celebrating the 50th Anniversary of the Foster City Chamber of Commerce to Marah Curry, Foster City Chamber of Commerce Director of Operations & Administration.

PROCLAMATION HONORING BART CHARLOW ON HIS RETIREMENT FROM

SAMARITAN HOUSE
9 Mayor Awasthi presented the proclamation Honoring Bart Charlow on his Retirement from Samaritan House to Bart Charlow.

PUBLIC
The following people addressed the City Council via email:

1. Jeff Regan, regarding campaign literature and signage;

2. Amanda, representing Bay Area Youth Climate Action Team, regarding synthetic turf.

The following people, representing Bay Area Youth Climate Action Team, addressed the City Council via teleconference regarding synthetic turf:

1. Amanda;

2. Nicole;

3. Mark; and

4. Lana Levison.

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

City/EMID Consent Calendar

1. Minutes of Regular Meeting of October 17, 2022;

2. Cancel the December 19, 2022 Regular Meeting of the City Council/EMID Board of Directors of the City of Foster City/Estero Municipal Improvement District Motion by Councilmember Gehani, seconded by Councilmember Sullivan, and carried, 4- 0-0, approving the following items on the City/District Consent Calendar:

Jaime Rojas, Legislative Consultant, National Association of Tobacco Outlets addressed the City Council via email regarding “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” Councilmember Hindi recused himself due to a conflict of interest because his business sells tobacco products.

1. City Ordinance No. 653, “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” (First Reading October 17, 2022)
10 REMOVED FROM CONSENT
Without objection from the City Council Mayor Awasthi removed this item from the Consent Calendar at the request of Councilmember Sullivan.

AUTHORIZING THE APPROPRIATION OF $68,145 FROM THE VEHICLE REPLACEMENT FUND 501 TO ACCOUNT NO. 501-0560-431-4384 AND THE ORDERING AND PURCHASE OF THREE (3) 2023 FORD F-250 “SUPER DUTY” TRUCKS WITH UTILITY BEDS. CITY RESOLUTION NO. 2022-124.

Public Works Director Sun presented the staff report.

Discussion ensued.

Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried 4-1-0, Councilmember Sullivan voted “no”, adopting City Resolution No. 2022-124, “A Resolution of the City Council of the City of Foster City Resolution Authorizing the Appropriation of $68,145 from the Vehicle Replacement Fund 501 to Account No. 501- 0560-431-4384 and the Ordering and Purchase of Three (3) 2023 Ford F-250 “Super Duty” Trucks With Utility Beds”
Without objection from the City Council Mayor Awasthi removed this item from the Consent Calendar at the request of Councilmember Gehani.

APPROVING THE AFTER SCHOOL ACTIVITY (ASA) BUS PROGRAM FUNDING

AGREEMENT BETWEEN THE CITY OF FOSTER CITY/ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AND THE SAN MATEO UNION HIGH SCHOOL DISTRICT FOR A CONTRIBUTION IN THE AMOUNT OF $20,196 TO THE ASA BUS PROGRAM FOR THE 2022-2023 SCHOOL YEAR, AUTHORIZING THE DISTRICT MANAGER TO

EXECUTE THE FUNDING AGREEMENT, AND AUTHORIZING AN APPROPRIATION IN AN AMOUNT NOT-TO-EXCEED $20,196 TO THE COMMUNITY BENEFITS FUND, ACCOUNT NO. 005-0110-413-4251 TO FUND THE CONTRIBUTION. CITY RESOLUTION NO.2022-125. EMID RESOLUTION NO. 3687.

Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-126, “A Resolution of the City Council of the City of Foster City Approving the After School Activity (ASA) Bus Program Funding Agreement Between the City of Foster City/Estero Municipal Improvement District and the San Mateo Union High School District for a Contribution in the Amount of $20,196 to the ASA Bus Program for the 2022-2023 School Year, Authorizing the City Manager to Execute the Funding Agreement, and Authorizing an Appropriation in an Amount Not-to-Exceed $20,196 to the Community Benefits Fund, Account No. 005-0110- 413-4251 to Fund the Contribution” and EMID Resolution No. 3687, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the After School Activity (ASA) Bus Program Funding Agreement Between the City of Foster 11 City/Estero Municipal Improvement District and the San Mateo Union High School District for a Contribution in the Amount of $20,196 to the ASA Bus Program for the 2022-2023 School Year, Authorizing the District Manager to Execute the Funding Agreement, and Authorizing an Appropriation in an Amount Not-to-Exceed $20,196 to the Community Benefits Fund, Account No. 005-0110-413-4251 to Fund the Contribution.”

PUBLIC HEARINGS
CALIFORNIA CODES ADOPTION – CALIFORNIA CODES ADOPTION – ADOPT BY ORDINANCE THE CALIFORNIA BUILDING CODE, 2022 EDITION; THE CALIFORNIA RESIDENTIAL CODE, 2022 EDITION; THE CALIFORNIA ELECTRICAL CODE, 2022 EDITION; THE CALIFORNIA MECHANICAL CODE, 2022 EDITION; THE CALIFORNIA PLUMBING CODE, 2022 EDITION; THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION; THE CALIFORNIA FIRE CODE, 2022 EDITION; THE CALIFORNIA ENERGY CODE, 2022 EDITION AND THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION WITH APPENDICES AND LOCAL
AMENDMENTS. CITY ORDINANCE NO. 654. CITY ORDINANCE NO. 655.

Mayor Awasthi opened a public hearing to hear and consider comments Regarding California Codes Adoption – California Codes Adoption – Adopt by Ordinance the California Building Code, 2022 Edition; the California Residential Code, 2022 Edition; the California Electrical Code, 2022 Edition; the California Mechanical Code, 2022 Edition; the California Plumbing Code, 2022 Edition; the California Existing Building Code, 2022 Edition; the California Fire Code, 2022 Edition; the California Energy Code, 2022 Edition and the California Green Building Standards Code, 2022 Edition with Appendices and Local Amendments.

No public testimony was received.

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

Motion by Vice Mayor Froomin, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting City Ordinance No. 654, “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 (First Reading October 3, 2022).”
Motion by Councilmember Gehani seconded by Vice Mayor Froomin, and carried unanimously, 5-0-0, adopting City Ordinance No. 654, “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 12 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 (First Reading October 3, 2022).”

REPORTS

4TH QUARTER FISCAL YEAR 2021-22 FINANCIAL UPDATE. MINUTE ORDER NO. 1886.

Finance Director Suen presented the staff report.

Motion by Councilmember Gehani, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting Minute Order No. 1886, receiving and accepting the report.

ORDINANCES FOR INTRODUCTION
AMENDING TITLE 8, “HEALTH AND SAFETY,” OF THE FOSTER CITY MUNICIPAL CODE TO ADD A NEW CHAPTER 8.12, “TOBACCO RETAILER PERMIT” AND AMENDING SECTION 8.11.040, “ENFORCEMENT” WITHIN CHAPTER 8.11 “REGULATION OF THE SALE OF FLAVORED TOBACCO PRODUCTS AND ELECTRONIC CIGARETTES” RELATING TO ENFORCEMENT.

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

Councilmember Hindi left the room from 7:55 p.m. to 8:15 p.m.

City Attorney Stock presented the staff report.

The following people addressed the City Council via teleconference:

1. Tricia Barr; and

2. Rima Khoury, General Counsel, Fumari, and representative of the National Hookah Community Association.

Discussion ensued.

Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried, 4-0- 0, to introduce the ordinance by title and waive further reading of “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 8.12, “Tobacco Retailer Permit” and Amending Section

8.11.040, “Enforcement” Within Chapter 8.11 “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” Relating to Enforcement” with the following amendments with the following amendments - Section 8.12.080 - Compliance monitoring - add one compliance check per 12 month period, with associated costs to 13 be included in permit fees. Section 8.12.100 – Time Period of Suspension – change time period of prior determination from 24 months to 60 months. Section 8.12.110 – Enforcement – [and Ordinance 653 Section 8.11.040 – Enforcement] change fines for violations to $500 for a first violation, and $1,000 for subsequent violations.

Motion by Councilmember Gehani, seconded by Vice Mayor Froomin, and carried by roll call vote, 4-0-0, to pass to second reading “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 8.12, “Tobacco Retailer Permit” and Amending Section 8.11.040, “Enforcement” Within Chapter 8.11 “Regulation of the Sale of Flavored Tobacco Products and Electronic Cigarettes” Relating to Enforcement” with the following amendments - Section 8.12.080 - Compliance monitoring - add one compliance check per 12 month period, with associated costs to be included in permit fees. Section 8.12.100 – Time Period of Suspension – change time period of prior determination from 24 months to 60 months. Section 8.12.110 – Enforcement – [and Ordinance 653 Section 8.11.040 – Enforcement] change fines for violations to $500 for a first violation, and $1,000 for subsequent violation.

RECESS. The meeting recessed at 8:15 p.m. and reconvened at 8:20 p.m.

RESOLUTIONS FOR ADOPTION

ADDITION OF AN ASSISTANT CITY MANAGER POSITION, AMENDMENT OF THE

SALARY RANGE FOR THE ASSISTANT CITY MANAGER POSITION, AND REQUEST FOR APPROPRIATION OF ADDITIONAL FUNDING IN THE AMOUNT OF $1,901 TO THE CITY/DISTRICT MANAGER’S DEPARTMENT BUDGET FOR FY 2022-2023. CITY RESOLUTION NO. 2022-126. EMID RESOLUTION NO. 3688. CITY RESOLUTION NO. 2022-127. EMID RESOLUTION NO. 3689.

City Manager Chatwin presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Gehani, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-126, “A Resolution of the City Council of the City of Foster City Approving an Assistant City Manager Position in the City Manager’s Office and Appropriating an Additional $1,901 in Fiscal Year 2022-2023 to the City Manager Department General Fund Account: and EMID Resolution No. 3688, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Assistant City Manager Position in the City Manager’s Office and Appropriating an Additional $1,901 in Fiscal Year 2022-2023 to the City Manager Department General Fund Account” and City Resolution No. 2022-127, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan Effective November 8, 2022”, and EMID Resolution No. 3689, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving an Assistant City Manager Position in the City Manager’s Office and Appropriating an Additional $1,901 in Fiscal Year 2022-2023 to the City Manager Department General Fund Account.”
14 COMMUNICATIONS
CITY/DISTRICT WARRANT OF DEMANDS. NO ACTION TAKEN.

City/District Warrants of Demands were Processed and Issued on October 13, 2022.

COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,

AND CITY/DISTRICT MANAGER REPORTS
Councilmember/Director Sullivan stated that he attended the City/County Association of Governments Congestion Management and Environmental Quality Committee meeting on November 1 and they discussed E-bikes and issues with night visibility. On October 28, he attended the Council of Cities Dinner in Burlingame and toured the Recreation Center. On October 29, he attended the Spooktacular Halloween Festival, and on October 31, he attended former Deputy City Manager Phan’s farewell reception.

City/District Manager Chatwin announced the departure Human Resources Director Saguisag-Sid and wished her well in her future endeavors.

Councilmember/Director Gehani thanked Human Resources Director Saguisag-Sid for her service and professionalism and wished her well. He also attended the Council of Cities dinner on October 28, the Spooktacular Halloween Festival on October 29, and former Deputy City Manager Phan’s farewell reception. On October 20, he attended the Transportation Subcommittee meeting with Councilmember Hindi and they discussed new traffic signals at several intersections, the One Bay Area Grant projects, and the San Mateo 101 Express Lane project. He encouraged the community to vote in the upcoming election.

Councilmember/Director Hindi thanked Human Resources Director Saguisag-Sid for her service and stated that she will be missed. On October 19, he attended the Peninsula Clean Energy (PCE) Board meeting and they discussed the diversity and equity policy.

On October 20, he attended the Transportation Subcommittee meeting with Councilmember Gehani and stated that the San Mateo 101 Express Lane project is in a testing phase, and they discussed the 101/92 highway junction. He also attended the Council of Cities dinner on October 28. He requested a proclamation at the next City Council meeting in honor of American Indian Heritage Month, and Mayor Awasthi and City Manager Chatwin supported the request.

Vice Mayor/Vice President Froomin thanked Human Resources Director Saguisag-Sid for leading a number of recruitments and wished her well. On October 21, he attended a Foster City Village event. On October 25, he attended the South Bayside Waste Management Authority (SBWMA) Rethink Recycling event. On October 27, he met with Scout Troop 47 and 4047 and they discussed local government. On October 28, he also attended the Council of Cities dinner, and on October 29 he joined the Spooktacular Halloween Festival. On November 2, he attended the Youth Advisory Committee meeting 15 and they discussed the Spooktacular event and the winter philanthropy project. He encouraged the community to vote in the upcoming election.

Mayor/President Awasthi thanked Human Resources Director Saguisag-Sid for her service, contributions, and responsiveness. On October 29, she attended the Spooktacular Halloween Festival and thanked the Parks and Recreation Department for a well-organized and great event. On November 5, she attended the Community Emergency Response Team (CERT) Skills Day and expressed her appreciation for the members’ dedication, and highlighted the importance of emergency preparedness.

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

1. Conference with Labor Negotiators (Government Code Section 54957.6) Agency designated representative: Maria Saguisag-Sid and Stefan Chatwin Employee Organizations: POA, AFSCME, and Management Group; and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 8:50 p.m. and reconvened at 10:22 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 10:22 p.m.
16 ORDINANCE NO. _________
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 8.12, “TOBACCO RETAILER PERMIT” AND SECTION 8.11.040, “ENFORCEMENT” WITHIN CHAPTER 8.11 “REGULATION OF THE SALE OF FLAVORED TOBACCO PRODUCTS AND ELECTRONIC CIGARETTES” RELATING TO ENFORCEMENT
WHEREAS, tobacco use remains the leading cause of preventable death in the United Sates, killing more than 480,000 people each year.1 It causes or contributes to many forms of cancer, as well as heart and respiratory diseases, among other heath disorders. Tobacco use remains a public health crisis in terms of the health impacts and loss of life it causes and the financial costs and burdens it places on our health care system; and
WHEREAS, a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of Foster City, to protect the health, safety, and welfare of residents; and WHEREAS, strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g., requiring identification checks) is necessary to ensure that the goals of the City’s tobacco regulations are achieved.

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

Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein as findings which are the basis for the amendment.

Section 2. Amendment. Title 8 (Health and Safety) of the Foster City Municipal Code is amended to add a new Chapter 8.12 entitled “Tobacco Retailer Permit” which shall read as follows:
“Chapter 8.12 - TOBACCO RETAILER PERMIT
Section 8.12.010 - Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Applicant” means a Person that submits an application for a Tobacco Retailer Permit or the renewal of a Tobacco Retailer Permit to the Director. 1 U.S. Department of Health and Human Services. The Health Consequences of Smoking—50 Years of Progress: A Report of the Surgeon General. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2014. 17 “City” means the City of Foster City.
“Director” means the City Manager or their designee.
“Permit” or “Tobacco Retailer Permit” means a valid permit issued by the Director to a Person to act as a Tobacco Retailer in the City.
"Person" means any individual, partnership, cooperative association, private corporation, or any other legal entity.

“Retail Location” means both of the following:
(A) A building from which tobacco products are sold at retail. (B) A vending machine.
“Sale” or “Sell” includes any transfer of title or possession for a consideration, exchange or barter, in any manner or by any means whatever. “Self-Service Display” shall be defined as the open display or storage of Tobacco Products in a manner that is physically accessible to the general public without the assistance of the retailer or employee of the Tobacco Retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer.

“Tobacco Product” means a Tobacco Product as defined in Section 104495(a)(8) of the California Health and Safety Code, as that provision may be amended from time to time.

“Tobacco Retailer” means a Person who engages in the sale of Tobacco Products directly to the public from a Retail Location. “Tobacco Retailer” includes a person who operates vending machines from which Tobacco Products are sold in the City of Foster City.

8.12.020 - Requirement for a Permit.

A. It shall be unlawful for any Tobacco Retailer or other Person to Sell or offer for Sale any Tobacco Products in the City without first obtaining and maintaining a valid Tobacco Retailer Permit for each Retail Location where such activities are conducted. Permits shall be valid for one year from the date of issuance and shall be renewed annually.

B. A Tobacco Retailer that is lawfully operating in the City at the time of adoption of this ordinance shall have one year from the date this ordinance is adopted to obtain a Tobacco Retailer Permit in accordance with the process identified in Section 8.12.030.

8.12.030 – Application, Issuance and Renewal Procedure. 18 A. Application for a Tobacco Retailer Permit shall be submitted in the name of the Person(s) proposing to Sell Tobacco Products at a Retail Location in the City and shall be signed by such Person(s) or an authorized agent thereof. All applications shall be submitted on a form supplied by the Director and shall contain, at a minimum, the following information:
(1) The name, address, and telephone number of the Applicant; (2) The business name, address, and telephone number of each Retail Location where Tobacco Products are offered for Sale by the Applicant; and
(3) Such other information as the Director determines is necessary for implementation of this chapter.

B. Upon the receipt of an application for a Permit, the Director shall review the application and shall issue a Permit unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(1) The information presented by the Applicant is incomplete, inaccurate, or false. The submission of inaccurate or false information, or an omission of a material fact, shall be a violation of this chapter.
(2) The Applicant seeks authorization for a Permit at a location for which the Sale of Tobacco Products is prohibited
pursuant to this chapter (e.g., mobile vending) or that is unlawful pursuant to some other provision of the City
Municipal Code including without limitation, the zoning regulations, building codes, and business license tax
provisions or that is unlawful pursuant to any other law.

C. An Applicant for renewal must follow the application procedures set forth in subsection (A). A renewal for a Tobacco Retailer Permit may be denied if the application is for a Person or Tobacco Retailer for which a suspension is in effect and/or if there are any outstanding fines issued as a result of violations of this chapter or if any bases for denial exists in subsection (B)(1) or (2).

D. Any determination by the Director to deny an application for a Tobacco Retailer Permit or to deny a renewal of a Tobacco Retailer Permit may be appealed to the City Council in accordance with the process identified in Section 8.12.110(D). The decision of the City Council on appeal shall be a final administrative order, with no further administrative right of appeal. 19 8.12.040 – Display of Permit.

Upon issuance of a Tobacco Retailer Permit by the Director, the Tobacco Retailer shall prominently display the Tobacco Retail Permit at the Retail Location for which the Permit applies.

8.12.050 – Fees for Permit.

The fee for a Tobacco Retailer Permit shall be established by Resolution of the Council.

8.12.060 - Permit is Nontransferable.

A Tobacco Retailer Permit is nontransferable as between Persons, Retail Locations, Tobacco Retailers, or otherwise. Any attempted transfer shall render the Permit null and void.

8.12.070 – Other Requirements for Tobacco Retailer
A. Lawful business operation. A Tobacco Retailer shall maintain the Retail Location in a manner that does not:
(1) Violate any local, State, or Federal law applicable to Tobacco Products, including any violation of Chapter 8.11 prohibiting the Sale of Flavored Tobacco Products and Sale of Electronic Cigarettes as those terms are defined in
Section 8.11.010.
(2) Violate any local, State, or Federal law regulating exterior, storefront, window, or door signage, as well as City
regulations pertaining to outdoor display or storage of products or other personal property.

B. Positive identification required. No Tobacco Retailer shall Sell a Tobacco Product to another Person who appears to be under the age of twenty-one (21) years without first examining the identification of the recipient to confirm that the recipient is twenty-one (21) years of age.

C. Self-Service Displays prohibited. No Tobacco Retailer shall display Tobacco Products by means of a Self-Service Display or engage in Tobacco Retail Sales by means of a Self-Service Display, except for tobacco vending machines.

D. Smoking prohibited. A Tobacco Retailer shall comply with the smoking regulations of chapter 8.05 in the Retail Location.
20 8.12.080 - Compliance monitoring.

A. Compliance with this chapter shall be monitored by the Director and may be enforced by any department that is authorized to conduct enforcement on behalf of the City. One compliance check shall be conducted every 12 months and the costs of said compliance inspection shall be included in the permit fees. Any peace officer or Code Enforcement Official or other person designated by the Director may enforce the provisions of this chapter.

B. The Director may develop procedures and policies for compliance monitoring, which may be amended from time to time by the Director, which shall include, at a minimum, procedures for conducting periodic inspections of Tobacco Retailers with Permits.

8.12.090 – Enforcement of Applicable Law by a Tobacco Retailer.

If an agent or employee of a Tobacco Retailer violates any provisions of this chapter or any federal or state tobacco related law, the Tobacco Retailer shall immediately report the violation to the Director.

8.12.100 - Suspension of permit.

A. Grounds for Suspension. A Tobacco Retailer Permit may be suspended, as set forth below in subdivision (B), by the Director upon a finding, after notice and opportunity to be heard, that either of the following occurred:
(1) After the Permit was issued it was determined that the application for the Permit is incomplete or inaccurate. (2) The Tobacco Retailer has violated any provision of this chapter or any federal or state tobacco related law.

B Time Period of Suspension of Permit.
(1) Upon the first time that the Director makes the finding that either subsections (A)(1) or (A)(2) of this section has occurred, the Permit shall be suspended for up to 30 days. (2) Upon the second time that the Director makes the finding set forth in subsections (A)(1) or (A)(2) of this section within twenty-four months of the first determination, the Permit shall be suspended for no less than 30 days and up to 90 days. (3) Upon the third and each subsequent time that the Director makes the finding set forth in subsections (A)(1) or (A)(2) of 21 this section within sixty (60) months of a prior determination, the Permit shall be suspended for no less than 90 days and up to one year.

C Effective Date of Suspension.
(1) If the Director makes oral findings and issues an order of suspension at the hearing, the suspension will be effective 10 days from the date of the hearing, unless a timely appeal is filed in accordance with subsection (D).
(2) If the Director makes written findings and issues an order of suspension by certified mail after the hearing, the
suspension will be effective 15 days from the date appearing on the notice of that finding and order of suspension, unless a timely appeal is filed in accordance with subsection (D).

D. Appeal of Suspension.
(1) The decision of the Director relating to suspension of the Tobacco Retailer Permit is appealable to the City Council. (2) The Person wishing to appeal the decision of the Director must file a written notice of appeal concisely stating the facts of the case and the grounds of appeal with the City Clerk with any fee for appeal that may be established by the
Council.
(3) An appeal must be received by the City Clerk before the effective date of suspension provided by subsection (C)(1) or (C)(2), as may be applicable, in order to be considered. If a timely appeal is filed, the appeal hearing shall be scheduled at a regular meeting of the City Council and the City Clerk shall give the appellant written notice of the time and place of hearing at least five days before the hearing.

E. The filing of a timely appeal will stay a suspension pending a decision on the appeal by the City Council.

F. The decision of the City Council shall be a final administrative order, with no further administrative right of appeal.

8.12.110 – Enforcement.

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. 22 B. Violations of this chapter are subject to administrative citations as set forth in Section 1.08.060.

C. Violations of this chapter are subject to fines which may be imposed by the Director if the Director finds that that any retailer, individual, or entity who is an owner of a retail establishment: does not have a valid Tobacco Retailer Permit; and offers for Sale any Tobacco or any other Tobacco Products.
(1) Upon findings made under this section by the Director, the Tobacco Retailer shall be subject to an administrative fine as follows: a fine not exceeding five hundred dollars ($500) for the first violation and $1,000 for each subsequent violation within one year.
(2) Each day that Tobacco Products are offered for Sale without a Permit shall constitute a separate violation.
(3) Notice of the fine(s) shall be served on the Tobacco Retailer by certified mail. The notice shall contain an advisement of the right to request a hearing before the Director contesting the imposition of the fine(s). Said hearing must be requested within ten days of the date appearing on the notice of the fine(s). The decision of the Director shall be a final
administrative order, with no administrative right of appeal to the City Council.
(4) Failure to Pay Fine(s). If said fine(s) is/are not paid within 30 days from the date appearing on the notice of the fine(s) or of the notice of determination of the Director, the Director may take other legal action necessary to recover the fine(s).

In addition, any outstanding fine(s) must be paid prior to the issuance or renewal of any Tobacco Retailer Permit.

C. Violations of this chapter may, in the discretion of the City Attorney or designee, be prosecuted as infractions or misdemeanors.

D. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

E. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney or designee, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.”
23 Section 3. Amendment. Section 8.11.040, “Enforcement” within Title 8 (Health and Safety) adopted by Ordinance No. 653 of the Foster City Municipal Code is amended by repealing the existing Section 8.11.040 and replacing it in its entirety to read as follows:
“8.11.040 –Enforcement.

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Any violations of this chapter may be cause for suspension of a Tobacco Retail Permit, which is required for all Tobacco Retailer’s operating in the City pursuant to chapter 8.12 of this Title.

C. Violations of this chapter are subject to administrative citations as set forth in Section 1.08.060.

D. Violations of this chapter are subject to an administrative fine as follows: a fine not exceeding five hundred dollars ($500) for the first violation and $1,000 for each subsequent violation within one year.
(1) Each day that a violation occurs shall constitute a separate violation.
(3) Notice of the fine(s) shall be served on the retailer, individual, or entity who is owner of the establishment by certified mail. The notice shall contain an advisement of the right to request a hearing before the City Manager or their designee contesting the imposition of the fine(s). Said hearing must be requested within ten days of the date
appearing on the notice of the fine(s). The decision of the City Manager or their designee shall be a final administrative order, with no administrative right of appeal to the City Council.
(4) Failure to Pay Fine(s). If said fine(s) is/are not paid within 30 days from the date appearing on the notice of the fine(s) or of the notice of determination of the City Manager or their designee, the City Manager or their designee may take other legal action necessary to recover the fine(s). In addition, any outstanding fine(s) must be paid prior to the issuance or renewal of any Tobacco Retailer Permit.

E. Violations of this chapter may, in the discretion of the City Attorney or designee, be prosecuted as infractions or misdemeanors.

F. Causing, permitting, aiding, abetting, or concealing a violation of 24 any provision of this chapter shall also constitute a violation of this chapter.

G. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney or designee, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.”
Section 4. 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 does hereby declare 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 invalid or unconstitutional.

Section 5. Environmental Determination. The Ordinance is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of having a significant effect on the environment.

Section 6. Publication. This Ordinance shall be published in accordance with the law.

Section 7. Effective Date. This Ordinance shall take effect 30 days from the date of adoption.

Section 8. 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. 25 This Ordinance was introduced and read on the 7th day of November, and passed and adopted on the 21st day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
26 DATE: November 21, 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
Zaheed Danish, Public Works Superintendent

SUBJECT: RESOLUTION AUTHORIZING THE SOLE SOURCE

PURCHASE OF SENSUS LARGE WATER METERS FROM

THIRKETTLE CORPORATION, DBA AQUA-METRIC SALES
COMPANY, IN AN AMOUNT NOT TO EXCEED $150,000

RECOMMENDATION

It is recommended that the Board of Directors approve the sole source purchase of approximately ten (10) large water meters for an amount not to exceed $150,000 from Thirkettle Corporation (dba Aqua-Metric Sales Company).

EXECUTIVE SUMMARY

During this time of water conservation consciousness and revenue instability, a proactive measure to guarantee that unaccounted water loss is kept to a minimum is to ensure that water meters are functioning properly and replacing them at the end of their useful life. This is typically done by monitoring the age of the meters, testing for accuracy, and then replacing meters when inaccurate or in danger of possible failure due to age.

Staff’s recommendation of the purchase and replacement of approximately 27 ten (10) large water meters will also enable Foster City/EMID to recover costs due to inaccurate meters and recapture water loss.

BACKGROUND/ANALYSIS

The Maintenance Division schedules the replacement of water meters to coincide with the end of the meter’s useful life and prior to it actually failing. On average, the useful life of a Sensus meter is approximately 20 years.

Purchasing and replacing aging water meters leads to recovery of revenue that would be lost to water meter inaccuracy and also minimizes water loss through detection of unaddressed leaks. This purchase will be comprised of meters planned for immediate installation as well as reserved meter inventory for planned future replacements.

The Water Distribution System uses various sizes of meters depending upon the needs of the location. The largest meters range in size from four (4) to ten (10) inches. This order will include 6-inch and 8-inch meters.

The district’s water distribution system exclusively utilizes Sensus water meters. These types of meters are designed to be more efficient and are compatible with the District’s Advanced Metering Infrastructure (AMI) system.

A substitute product does not exist.

Sensus meters can only be ordered from Thirkettle Corporation, dba Aqua- metric Sales Company, a sole distributor for the Northern California region, with offices located in Sacramento, California.

The EMID Purchasing Policy requires that purchases over $50,000 be approved by the District’s Board. Staff recommends that the District’s Board authorize the sole source purchase of approximately ten (10) large water meters from Aqua-Metric Sales Company for an amount not to exceed $150,000.

FISCAL IMPACT

Funding in the amount of $150,000 is allocated and available for this purchase in the FY 2022-2023 Equipment Replacement Fund budget (Account No. 408-0110-413-4385).

28 DISTRICT BOARD VISION, MISSION, AND VALUE/PRIORITY AREAS

Purchase of replacement water meters is in alignment with the District Board’s adopted Vision and Mission statements. This item is related to the “Facilities and Infrastructure” Value/Priority Area as the key outcome is to maintain essential water infrastructure as well as the “Innovation and Sustainability” Value/Priority Area as another significant outcome is to conserve water.

Attachments:
 Attachment 1 - Resolution
29 RESOLUTION NO.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE SOLE SOURCE PURCHASE OF SENSUS LARGE WATER METERS FROM THIRKETTLE CORPORATION, (dba AQUA- METRIC SALES COMPANY) IN AN AMOUNT NOT TO EXCEED $150,000.00

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, many of the large water meters in the city have reached their useful life and are due for replacement; and
WHEREAS, replacement of large aging meters will allow Foster City/EMID to recover costs due to inaccurate meters and recapture water loss.; and WHEREAS, during this time of heightened water conservation consciousness, replacement of the old meters is a proactive measure to guarantee there will be minimal unaccounted water loss; and
WHEREAS, the City’s entire water system exclusively utilizes Sensus water meters for compatibility with its Advanced Metering Infrastructure (AMI) system; and WHEREAS, Sensus water meters can only be ordered from Aqua-metric Sales Company, a sole distributor for the Northern California region, with offices located in Sacramento, California; and
WHEREAS, Funding is available and has been appropriated in the FY 2022/2023 Equipment Replacement Fund (ERF) budget, Account No. 408-0110-413-4385.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the sole source purchase of Sensus water meters from Thirkettle Corporation, dba Aqua-Metric Sales Company, in an amount not to exceed $150,000 from Account No. 408-0110-413-4385. 30 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 21st day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

RICHA AWASTHI, PRESIDENT
ATTEST:
_____________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY
31 DATE: November 21, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Louis Sun, Public Works Director
Derek Schweigart, Parks and Recreation Director

SUBJECT: AWARD OF A SOLE SOURCE PROFESSIONAL SERVICES
AGREEMENT TO VERDE DESIGN, INC. FOR SEA CLOUD
PARK S4 SYNTHETIC RESURFACING PROJECT (CIP 301-
709) TO PROVIDE PROFESSIONAL ENGINEERING

SERVICES, BIDDING SUPPORT AND CONSTRUCTION

SUPPORT INCLUDING A DESIGN CONTINGENCY

RECOMMENDATION

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

1. The Mayor to execute an agreement with Verde Design, Inc. in the amount of $56,800 for professional engineering services, bidding support, and construction support for the Sea Cloud Park S4 synthetic Resurfacing Project (CIP 301-709); and

2. A project design contingency in the amount of $8,000 with authority given to the City Manager to execute contract amendments up to the contingency amount

EXECUTIVE SUMMARY

CIP 301-709 consists of the resurfacing of the existing synthetic turf field S4 at Sea Cloud Park. Due to the usage and age, the turf surface needs to be 32 replaced. Verde Design, Inc. (Verde) has previously performed design work within Foster City on several of the City’s sports fields and parks. The recommended action by the City Council authorizes the award of a design contract in an amount of $56,800 to Verde Design, Inc. based on their past work in Foster City and qualifications.

Existing funding of $800,000 is available for design and construction of this project. Foster City also has a grant agreement to receive up to $198,545 in reimbursements from the State Parks Department of Parks and Recreation. The City Council action will allow staff to award the project for design with anticipation of the construction starting this summer. Construction is anticipated to take approximately 6 to 8 weeks. Sea Cloud Park is a popular recreation facility in the City and is used frequently by different sport associations. July is the most ideal time for construction to occur based on the field usage.

BACKGROUND

CIP 301-709 was developed based on the current condition of the S4 synthetic turf field at Sea Cloud Park. The S4 synthetic turf soccer field was installed in FY2012-2013 and requires replacement every ten years to maintain the integrity of the highly used field. The project consists of removing and replacing approximately 82,000 square feet of existing synthetic turf. For this project, the subsurface is still in good condition and will likely only require minor repairs.

Verde Design, Inc. is the leader in sports field design in California, largely due to their commitment to their clients. To that end, they have repeatedly demonstrated their understanding of the Foster City Parks and Recreation staff, community input, and youth sports field layout needs and product design guidelines. Their communication with staff has always been respectful, responsive, open, and honest, with their resulting work product reflecting their emphasis on the best outcome with the Foster City community in mind.

Verde’s unmatched knowledge of sports field design, coupled with the technical construction documentation and oversight, has allowed the City to deliver successful CIP projects at Sea Cloud S3 and S4, Catamaran and Port Royal Parks, and Sea Cloud S1, S2 Soccer Fields, and Baseball Field B1 in in the past. Verde Design, Inc. repeatedly worked in advance of all projects to assess the feasibility of potential project sites, identify potential project challenges, and create preliminary budgets. After the projects were 33 completed and construction work finished, they were present to assist in post project walk throughs, evaluations, and to assist staff in addressing warranty items. They have been an advocate for the City in addressing components on warranty with our field turf vendors. Based on their past work and familiarity with the Foster City Parks, it is recommended they perform the design on the S4 field resurfacing project.

In August 2021, the City entered into an agreement with the State of California Department of Parks and Recreation to receive $198,545 in reimbursable Proposition 68 Per Capita Grant funds if the project is completed before June 30, 2024.

ANALYSIS

Section 3.04.140(B)(2) of the Foster City Municipal Code requires that the City Council authorize the issuance of a request for qualifications or proposals (RFP or RFQ) for contracts for architectural and engineering services, services estimated to exceed $50,000, or alternatively, to authorize a department head or the City Manager to negotiate directly with a single provider.

Verde is uniquely qualified to provide design and engineering work for the synthetic resurfacing installation at Sea Cloud Park, given their experience performing the original design of field S4, including the grading, drainage, and utility plans as well as their experience providing design services for several other City parks projects and for this reason it is recommended that the City Council authorize the award of a contract to Verde directly rather than calling for RFPs or RFQs. The City Attorney has reviewed and concurs with this procurement approach.

If approved, the contract would call for the following timeline:

Estimated Timeline
Project Kick-Off December 2022
Initial Design December 2022 – January 2023
Final Design February 2023
Advertisement/Call for Bids March 2023
Contract Approval and Award April 2023 – May 2023
34 Pre-Construction Coordination May 2023 – June 2023
Construction July 2023 – August 2023

Alternatively, the Council could instead direct staff to issue an RFP and solicit proposals from other vendors, in addition to the proposal submitted by Verde. If the Council so instructs, staff could return seeking authorization to enter a contract after receiving responses to the RFP. This would likely push the project timeline back two to three months to allow time for the RFP to be issued, for vendors to submit responses, and for staff to evaluate the responses and the return to Council for contract award. This would result in higher costs and the construction of the project occurring during peak usage, where several youth organizations would need to cancel games or find alternative hosting locations.

FISCAL IMPACT

The proposed fees in the amount of $56,800 have been negotiated and determined reasonable based on the scope of services. Additionally, a project contingency in the amount of $8,000 or approximately 15% of the contract amount is recommended to pay for additional services to mitigate unforeseen tasks or for additional services that may be required. Funding of $800,000 is currently available in the approved CIP 301-709 budget.

The City has an agreement with the State of California Department of Parks and Recreation to receive $198,545 in Proposition 68 Per Capita Grant funds for this project. Because this is a reimbursement grant, the full cost of the project is budgeted with CIP-City funds. After the work is completed, grant funds will be reimbursed to the City if the project is completed before June 30, 2024.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

This item is in alignment with the “Facilities and Infrastructure” value/priority area in that this project addresses facility maintenance and improvements for recreation.

Attachments:
 Attachment 1 – Resolution
35  Attachment 2 – Agreement
36 RESOLUTION NO. ___________

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

AUTHORIZING THE EXECUTION OF A SOLE SOURCE PROFESSIONAL SERVICES AGREEMENT WITH VERDE DESIGN, INC. FOR PROFESSIONAL ENGINEERING

SERVICES, BIDDING SUPPORT AND CONSTRUCTION SUPPORT FOR SEA CLOUD PARK S4 SYNTHETIC RESURFACING PROJECT (CIP301-709) IN THE AMOUNT OF $56,800 WITH A CONTINGENCY OF $8,000

CITY OF FOSTER CITY
WHEREAS, City staff have successfully negotiated a contract for professional design services and construction support for the installation of synthetic turf at Sea Cloud Park for the S4 field with Verde Design, Inc.; and
WHEREAS, Verde Design, Inc. has previously provided professional design services and construction support on synthetic turf fields throughout Foster City including the original design of the S4 synthetic turf soccer field; and

WHEREAS, engaging Verde Design, Inc. will provide the City with Verde Design’s extensive knowledge and experience relating to Foster City parks projects; and

WHEREAS, given Verde Design’s unique knowledge and experience, the City Council has determined that this contract will be awarded without the issuance of a Request for Proposals; and

WHEREAS, funding in the amount of $800,000 is available in the budget for CIP 301-709 Sea Cloud Park S4 Synthetic Resurfacing Project; and

WHEREAS, on August 9, 2021, the City entered into an agreement with the State of California Department of Parks and Recreation to receive $198,545 in Proposition 68 Per Capita Grant reimbursement funds at the completion of the project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

1. The Mayor to execute an agreement with Verde Design, Inc. in the amount of $56,800 for professional engineering services, bidding support, and construction support for the Sea Cloud Park S4 Synthetic Resurfacing Project (CIP 301-709); and

2. The establishment of a contingency in the amount of $8,000 with authorization given to the City Manager to execute contract change orders up to the contingency amount.
37 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Agreements, in the forms attached hereto, with minor, non-substantive revisions that may be approved by the Mayor and the City Attorney, and to execute any other necessary documents to effectuate the terms of the Agreement.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
38 Sea Cloud Park S4 Synthetic
Resurfacing Project Updated 1/18/2022 1

PROFESSIONAL SERVICES AGREEMENT
FOR
SEA CLOUD PARK S4 SYNTHETIC RESURFACING PROJECT (CIP301-709) This Agreement is made and entered into as of the 21st day of November, 2022 by and between the City of Foster City hereinafter called "CITY" and Verde Design, Inc. 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 39 Sea Cloud Park S4 Synthetic
Resurfacing Project Updated 1/18/2022 2 notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum fifty- six thousand and eight hundred dollars ($56,800). Invoices for amounts in excess of fifty-six thousand and eight hundred dollars ($56,800). 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 40 Sea Cloud Park S4 Synthetic
Resurfacing Project 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.
41 Sea Cloud Park S4 Synthetic
Resurfacing Project 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.
42 Sea Cloud Park S4 Synthetic
Resurfacing Project 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 43 Sea Cloud Park S4 Synthetic
Resurfacing Project 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. 44 Sea Cloud Park S4 Synthetic
Resurfacing Project Updated 1/18/2022 7

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: Justin Lai
CONSULTANT: Devin Conway
2455 The Alameda
Santa Clara, CA 95050
408.985.7200
[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.
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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 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 46 Sea Cloud Park S4 Synthetic
Resurfacing Project Updated 1/18/2022 9 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:

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”).

Any Force Majeure event with a duration in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

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
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APPROVED AS TO FORM
Dated: ________________________________ Benjamin Stock, City Attorney

CONSULTANT
Dated: ________________________________ Devin Conway, P.E.

Verde Design, Inc.

Principal
48 Sea Cloud Park S4 Synthetic
Resurfacing Project Updated 1/18/2022 11

EXHIBIT A

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

DELIVERABLES FOR
Sea Cloud Park S4 Synthetic Resurfacing Project (CIP 301-709)

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated November 21, 2022, by and between Verde Design, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

1. Description of the Project:

1.1 DESCRIPTION: The City of Foster City (City) is seeking the replacement of the synthetic turf field identified as S4 and B3/B4 at Sea Cloud Park. Verde Design will work with the City to review potential turf products and to develop turf specifications and bidding documents for the turf replacement.

No drainage system improvements are planned as part of the project.

2. Basic Services:

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

A. Project Start-up / Site Assessment – Estimated Duration: 2-3 weeks

1. Attend one kick-off meeting with City to discuss project site, project bidding, overall budget, timeline, and parameters. Meeting agenda and minutes to be provided.

2. Walk project site and validate existing conditions.

3. Set up CAD files for project.

4. Utilizing the digital CAD files and as-built drawings, develop existing conditions base for the intended improvements.

B. Initial Design – Estimated Duration: 3-4 weeks

1. Attend an in-person meeting with the City to review turf products.

2. Develop an initial drawing set which will be an approximate 50% CD submittal package.

Digital submittal will include a single package, and include the following items:
i.Cover sheet
ii.Existing conditions plan
iii.Erosion / Sedimentation control plan
iv.Demolition plan
v.Layout/ Material plan
vi.Construction details
vii.Draft Technical Specifications
viii.Statement of Probable Construction Costs

3. Attend one virtual page turn meeting with the City to review the submittal and receive comments.

C. Final Design – Estimated Duration: 3-4 weeks

1. Incorporate 50% design submittal review comments.

2. Develop a 90% PS&E submittal package, including marking up of City front end documents and providing bid descriptions and bid quantities for bid form (work on City 49 Sea Cloud Park S4 Synthetic
Resurfacing Project Updated 1/18/2022 12 front end documents are an optional service identified in the professional compensation section).

3. Complete an internal Redline/QC review by Verde staff.

4. Provide the 90% submittal package to the City digitally for review and final comment.

5. Attend one virtual review meeting with City staff to present and review 90% package, to receive final comments, and confirm bidding strategy.

6. Incorporate comments received from the City on the 90% Submittal.

7. Prepare the 100% Submittal, including complete construction documents, specifications, and cost estimate.

8. Complete Final Internal Redline/QC review by Verde staff.

9. Provide an electronic copy of the drawings in AutoCAD as required and in PDF Format, specifications in MS Word and PDF format, and a cost estimate in Excel and PDF format.

D. Prepare City Front End Documents

1. Review City Front End Documents

2. Prepare Front End with Project Specific Information and Data for Bidding

E. Bid Support and Construction Services

1. Contact potential bidders relative to the bid package.

2. Attend a Pre-Bid Conference. Respond to questions from prospective bidders. Assist in issuing addenda as directed by the City.

3. Review bids and provide evaluation as appropriate.

4. Attend, a virtual Pre-Construction Meeting.

5. Conduct two (2) virtual project meetings and two (2) in-person site visits during construction at appropriate stages.

6. Review shop drawings submittals, change order requests (CO), requests for information (ROI), and written recommendations to the City.

7. Upon project substantial completion, walk project site and generate punch list for identified deficiencies.

8. Complete one final walkthrough for the turf installation and generate final punch list, if necessary. All subsequent punch walks will be billed on an additional Time-and-Materials basis.

9. Review all Turf Company warranty and M&O documentation for the turf product.

10. Walk field approximately nine months after project completion to confirm field is meeting intended performance characteristics.

City to provide the following information:

1. Specific requests regarding project budget and schedule

2. Specific Field Layout and Marking / Striping requirements for the baseball and soccer fields.

The following items are specifically not included in the Scope of Services:

1. Presentations to public bodies.

2. Engineering (Geotechnical, Mechanical & Structural) or Architecture Services.

3. Construction Management services.

4. Subsurface and utility investigation/validation.

5. Field Gmax, permeability, and planarity testing during construction

6. Existing synthetic turf environmental testing (may be required by specific landfills)

7. Utility relocation design and documentation services

8. Permitting or Coordination with any public agency

9. Environmental review, studies, or CEQA documentation.

10. Meetings other than those listed

11. Field Drainage Design Efforts

12. C.3 and QSD / QSP services

13. Topographic and Utility Surveying Services
50 Sea Cloud Park S4 Synthetic
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PAYMENTS

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

Task A: Project Start-up / Site Assessment: $ 9,500
Task B: Initial Design: $13,800
Task C: Final Design: $17,600
Task D: Prepare City Front End Documents $ 6,950
Task E: Bid Support & Construction Services: $ 8,950

Total: $56,800

2. METHODS OF PAYMENT FOR CONSULTANT’S SERVICES AND EXPENSES:

Monthly invoices

3. TIMES OF PAYMENTS.

Invoices shall be sent by the 10th of the month for work completed through the 25th of the previous month.

ESTIMATED SCHEDULE

Project Kick-Off December 2022
Initial Design December 2022 – January 2023
Final Design February 2023
Advertisement/Call for Bids March 2023
Contract Approval and Award April 2023 – May 2023
Pre-Construction Coordination May 2023 – June 2023
Construction July 2023

DELIVERABLES

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

1. PROJECT DELIVERABLES

1.1. DELIVERABLES: Consultant shall provide deliverables as described in the basic services

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

51 Sea Cloud Park S4 Synthetic
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2.1. SERVICES: Consultant shall provide deliverables as described in the basic services 52 Sea Cloud Park S4 Synthetic
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END OF EXHIBIT A
53 Sea Cloud Park S4 Synthetic
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EXHIBIT B

FEE SCHEDULE
54 Sea Cloud Park S4 Synthetic
Resurfacing Project Updated 1/18/2022 17

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 November 21, 2022, by and between Verde Design, Inc., 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 one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) 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”.
55 Sea Cloud Park S4 Synthetic
Resurfacing Project Updated 1/18/2022 18 ☒ 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 one million dollars ($1,000,000) 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 one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) 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
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 56 Sea Cloud Park S4 Synthetic
Resurfacing Project Updated 1/18/2022 19 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

EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:
57 Sea Cloud Park S4 Synthetic
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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) 58 Sea Cloud Park S4 Synthetic
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ADDRESS:

TELEPHONE: ( ) DATE ISSUED:
59 Sea Cloud Park S4 Synthetic
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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.
60 Sea Cloud Park S4 Synthetic
Resurfacing Project Updated 1/18/2022 23 A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.

B. Consultant is responsible to ensure that its subconsultants and suppliers comply with COVID- 19 Proclamations at all times in connection with the performance of their Services.

4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

5. 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]
61 Sea Cloud Park S4 Synthetic
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CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title
62 DATE: November 21, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Julie Paping, Principal Management Analyst

SUBJECT: EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY, THE CONTINUING NEED FOR CITY

COUNCIL AND PLANNING COMMISSION AND COMMITTEES

TO MEET BY TELECONFERENCE FOR INCREASED

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

RECOMMENDATION

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

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

BACKGROUND

On March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the outbreak of respiratory illness due to the novel Coronavirus (COVID-19). On March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the 63 introduction of COVID-19 in San Mateo County. On March 16, 2020, the County of San Mateo Public Health Officer issued an order to "shelter in place", effective March 17, 2020 at 12:01 am. This order, amongst other things, ceased non-essential activities in the County in an effort to mitigate the impacts of COVID-19. Essential City operations like police, fire, and wastewater treatment services, as well as the maintenance of critical infrastructure, are continuing to be provided. Most other City services have returned to pre-pandemic levels or have been reasonably modified (for a limited basis) in conjunction with the Health Officer’s order or to administer City operations.

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

Local Emergency

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

To-date, the City Council had approved the continuation of the proclamation of the existence of a local emergency at its meetings on April 6, June 1, July 20, September 8, November 2, 2020, January 4, March 1, May 17, July 19, September 20, November 15, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, September 19, and October 17, 2022. Per Government Code Section 8630, the City Council must reevaluate whether to continue the proclamation of the existence of a local 64 emergency every sixty (60) days until the emergency is terminated. Given the conditions creating the local emergency have not entirely abated, one of the items for City Council consideration is to extend the proclamation.

Continuing In-Person/Teleconference Hybrid Meetings

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

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

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

Timeline

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

Latest Updates
On October 17, 2023, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023. Beginning March 1, 2023, the provisions that allowed local agencies to hold meetings remotely during the declared COVID-19 State of Emergency (AB361) will no longer be applicable. Moreover, Assembly Bill no. 2449, which becomes effective on January 1, 2023, created a new, alternative teleconferencing procedure for when the COVID-19 State of Emergency ends. Staff will keep City Council apprised as additional information is available.

San Mateo County remains in the Green/Low COVID-19 Community Level category. Health officials continue to recommend that residents keep up to date with vaccinations and boosters, get tested if you have symptoms, and wear high-quality masks (N95/KN95) in settings where ventilation is poor or if you are at high risk for severe disease or illness.

COVID-19 vaccines are available for those 6 months and older and boosters are available for those 5 years and older. San Mateo County Health urges residents age 5 years and older who have completed the primary vaccine series or received their most recent booster at least two months ago to get the updated COVID-19 bivalent booster.

Updated, bivalent boosters are being offered by San Mateo County Health at 66 vaccination clinics offered at rotating locations. To find a vaccination clinic, please visit https://www.smchealth.org/vaccine-clinic-calendar. Appointments can be made at https://myturn.ca.gov or by calling the CA COVID-19 Hotline at 1-833-422-4255. Appointments are encouraged, but not required. Bivalent boosters are also available from primary health care providers and at some pharmacies.

As of November 2, 2022, a total of 724,155 individuals have been vaccinated in San Mateo County with at least one dose, representing 93% of the population. 86% of the population have completed the vaccination series. As of October 27, 2022, 17.5% of residents 12 years and older had received the updated COVID-19 bivalent booster.

ANALYSIS

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

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

FISCAL IMPACT

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

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREAS

This item is in alignment to the "City Council Operations and Improved Community Engagement," "Public Safety and Social Equity," and "Staff Empowerment and Operational Excellence" Value/Priority Areas. The City recognizes the importance of reliable and timely communications to public, and as such, will continue to ensure delivery of information for all matters related to City services and COVID-19 response and recovery are shared.

Increasing accessibility to public meetings amid the COVID-19 crisis encourages the public to engage with the City Council/EMID Board of 67 Directors, Planning Commission, and Committees in an equitable and safe manner.

Attachments:
 Attachment 1 - City Resolution (Extending the Local Emergency and Continuing the Need for Teleconferencing)
 Attachment 2 - EMID Resolution (Continuing the Need for Teleconferencing)
 Attachment 3 - COVID-19 Timeline (as of November 8, 2022)  Attachment 4 - COVID-19 Response Plan Summary (as of November 8, 2022)
68 RESOLUTION NO.____________

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

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

THE CONTINUING NEED FOR THE CITY COUNCIL, PLANNING COMMISSION AND

COMMITTEES TO MEET BY TELECONFERENCE AND ALLOWING FOR INCREASED

MEETING ACCESSIBILITY VIA IN PERSON AND TELECONFERENCE MEETING

PARTICIPATION

CITY OF FOSTER CITY
WHEREAS, on January 30, 2020, due to confirmed cases of a severe acute respiratory illness caused by a new coronavirus (“COVID-19”), the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern, and on January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America; and
WHEREAS, on or about March 4, 2020, as part of the State of California's response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the potential introduction of COVID-19 in San Mateo County; and
WHEREAS, on March 12, 2020, the President of the United States declared a National Emergency in response to the spread of COVID-19; and WHEREAS, Section 2.40.070(A) of the Foster City Municipal Code empowers the City Manager, as the Director of Emergency Services, to proclaim (subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, based on the expanding threat of the novel COVID-19 virus, the City Manager, Acting as Director of Emergency Services, of the City of Foster City proclaimed the existence of a local emergency within the City on March 16, 2020; and WHEREAS, on March 18, 2020, per Resolution No. 2020-23, the City Council of the City of Foster City ratified the proclamation of the Director of Emergency Services and 69 extended the period of the existence of a Local Emergency for an additional 30 days or unless sooner terminated; and
WHEREAS, on April 6, 2020, June 1, 2020, July 20, 2020, September 8, 2020, November 2, 2020, January 4, 2021, March 1, 2021, May 17, 2021, July 19, 2021, September 20, 2021, November 15, 2021, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, September 19, and October 17, 2022, per Resolutions No. 2020-33, 2020-50, 2020-75, 2020-96, 2020-113, 2021-9, 2021-24, 2021-63, 2021-103, 2021-129, 2021-172, 2021-185, 2022-5, 2022-15, 2022-28, 2022-39, 2022-52, 2022-71, 2022-88, 2022-104, 2022-110, and 2022-122 respectively, the City Council of the City of Foster City extended the period of the existence of a Local Emergency for an additional 60 days or unless sooner terminated; and WHEREAS, San Mateo County had completed the variance process as set forth by the California Department of Public Health on June 15, 2020, allowing the County for a gradual re-opening to match the maximum as allowed by the State’s Resilience Roadmap; and
WHEREAS, although collective efforts taken to date regarding this public health emergency have slowed the virus’ trajectory, the emergency and the attendant risk to public health remain significant; and
WHEREAS, San Mateo County was added to the State’s monitoring list on July 29, 2020 and since then ranked in the Purple or Widespread risk level on August 28, 2020, in the Red or Substantial risk level on September 22, 2020, in the Orange or Moderate risk level on October 27, 2020, and in the Red or Substantial risk level on November 17, 2020; and
WHEREAS, San Mateo County then rolled back to the Purple or Widespread risk level on November 29, 2020 and a Limited Stay at Home order went into effect on November 30, 2020, with a Regional Stay at Home order to follow on December 17, 2020; and
WHEREAS, once the Regional Stay at Home order was lifted, San Mateo County rolled back to the Purple or Widespread risk level on January 25, 2021, moving into the Red or Substantial risk level on February 24, and then into the Orange or “Moderate” risk level on March 17; and
WHEREAS, the State has transitioned away from the Blueprint for a Safer Economy beginning June 15, 2021; however, the conditions creating the local emergency have not entirely abated, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations; and
70 WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on October 18, 2021 the City Council adopted City Resolution No. 2021-155 proclaiming the continuing need for the City Council, Planning Commission and Committees to meet by teleconference and allowing for increased meeting accessibility via in person and teleconference meeting participation; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Foster City:

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

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

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

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

5. The State of California and the City of Foster City continue to follow safety 71 measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of San Mateo, as applicable, including facial coverings when required. Based upon that guidance, in-person attendance indoors at public meetings continues to present a health risk for certain segments of the population, necessitating the need to reduce the number of in-person meeting attendees.

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

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

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 21st day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK
72 RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT PROCLAIMING THE CONTINUING NEED FOR THE

ESTERO MUNICIPAL IMPROVEMENT DISTRICT BOARD OF DIRECTORS,

PLANNING COMMISSION, AND COMMITTEES TO MEET BY TELECONFERENCE

AND ALLOWING FOR INCREASED MEETING ACCESSIBILITY VIA IN PERSON AND

TELECONFERENCE MEETING PARTICIPATION

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic and such State of Emergency remains in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, on October 28, November 15, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, September 19, and October 17, 2022 per Resolutions No. 3610, 3621, 3624, 3630, 3634, 3637, 3644, 3646, 3655, 3666, 3675, 3680, and 3685 respectively, the EMID Board of Directors proclaimed the continuing need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to meet by teleconference and allowed for increased meeting accessibility via in person and teleconference meeting participation; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and related hospitalizations.
73 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the Estero Municipal Improvement District finds that:

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

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

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

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

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

BE IT FURTHER RESOLVED, that the EMID Board of Directors determines that, every 30 days, it will reconsider the circumstances of the emergency and review whether it continues to directly impact the ability of the Council/EMID Board and appointed Committee and Commission members to meet safely in person. 74 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the special meeting held on the 21st day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RICHA AWASTHI, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY
75 Attachment 3
NOVEL CORONAVIRUS (COVID-19) TIMELINE
Last Updated: Tuesday, November 8 , 2022

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

March 17, 2021 County of San Mateo moved into the orange tier rank or "moderate" county risk level. 76 April 2, 2021 The California Department of Public Health and the Centers for Disease Control and Prevention released updated guidance recommending delaying travel until persons are fully vaccinated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

October 18, 2021 City of Foster City/EMID adopts resolutions so the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without 77 interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable, under AB 361.

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

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

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

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

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

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

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

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

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

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

June 30, 2022 San Mateo County was moved from the Medium/Yellow to the High/Red CDC COVID -19 Community Level category.

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

September 13, 2022 Updated, bivalent boosters, which are effective against t he primary and Omicron strains of COVID-19, became available through San Mateo County Health.

October 17, 2022 Governor Newsom announced the declared COVID-19 S tate of Emergency would end on February 28, 2023.

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Attachment 4

NOVEL CORONAVIRUS (COVID-19) RESPONSE PLAN SUMMARY
Last Update d: Tuesday, No vember 8 , 2022

OVERALL OBJECTIVE: To keep the community safe, reduce the risk of transmission, and help slow the spread novel Coronavirus (COVID -19)

OBJECTIVE ACTION ITEMS STATUS

TO MAINTAIN COMPLIANCE WITH PUBLIC

HEALTH ORDERS FROM THE COUNTY AND

STATE (SHELTER IN PLACE/STAY AT HOME)
Monitor the evolving COVID -19 situation and work closely with the County and neighboring jurisdictions
• Update Countywide Matrix with operational changes (Last Updated 03/18/20) • Participate in conference calls which includes Elected Officials, City Managers, City Attorneys, Public Safety (Daily Until 03/25/20; Monday, Wednesday, Friday Until 05/18/20; Wednesday & Friday Until 06/24 /20; Wednesday Until 10/21/20; Transitioned to Every 2 Wednesdays Until 06/09/21, Ending Thereafter) • Participate in Special Briefings which includes Elected Officials, City Managers, and Public Safety as needed (01/13/22)
• Nexus with City Attorney/County Counsel for Guidance (As Needed) • Update 211 Bay Area (a program of United Way Bay Area) with City Updates Ongoing
Work in alignment with SMC Fire (Member Agencies) to coordinate response • Proclamation of Local Emergency (City Manager/Director of Emergency Services Proclaimed on 03/16/20; City Council Ratified on 03/18/20 ; Extended on 04/06/20 , 06/01/20, 07/20/20, 09/08/20, 11/02/20, 01/04/21, 03/01/21, 05/17/21, 07/19/21 , 09/20/21, 11/15/21, 12/13/21 , 01/18/22, 2/22/22 , 3/21/22, 4/18/22, 5/16/22 , 6/20/22, 7/18/22, 8/15/22, 9/19/22, and 10/17/22.
• Joint, Multiagency Emergency Operation Center (Activated on 03/16/20; Transitioned from Assigned Foster City Liaison to Multiple Staffed Positions; Transitioned to Virtual EOC on 05/11/20; Closed EOC on 05/29/20)
o Daily Emergency Action Plan (EAP) prepared and distributed by EOC o Daily Situation Status Report (SIT STAT) created and distributed by EOC Ongoing
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Implement adjustments to City services and operations in response to Public Health Orders • Order No. c19-2, dated March 12, 2020
o Cancelled all non-essential meetings, events, and large gatherings through month of March
o Issued refunds for voluntary cancellations
o No longer accepted new facility reservation requests
o Implemented social distancing measures for any upcoming, essential meetings
o Restricted non-essential travel for all employees
o Encouraged public to utilize City services available online, over-the -phone, and/or email
• Order No. c19-5, dated March 16, 2020
o City Facilities Closure through April 7, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Transitioned all future City Council and Planning Commission meetings to be conducted via teleconference/video conference
o Cancelled all classes and programs through April 7, 2020 o Transitioned employees to telework/remote
• Order No. c19-5b (Revised), dated March 31, 2020
o City Facilities Closure through May 3, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Extended limitations to recreational activity spaces, with only park pathways and open green space (nonathletic fields) remaining opening o Cancelled all non-essential meetings and events through May 3, 2020 o Issued stop work orders to cease all non -essential construction activity immediately
o Posted required Social Distancing Protocol and Signage • Health Recommendation (to Cover Face), dated April 2, 2020 o All essential workers on-site, in-field to follow same recommendations and be an example to the community by wearing appropriate coverings at all times • Order No. c19-8, dated April 17, 2020
o All employees to have face coverings at all times, when working with others and in areas that are frequented by your co -workers, including hallways, restrooms, stairways, lunch and break rooms, and other shared spaces. • Order No. c19-5c (Revised), dated April 29, 2020
o City Facilities Closure through May 31, 2020, including park amenities such a playgrounds, restrooms, fenced/gated facilities
o Cancelled all non-essential meetings and events through May 31, 2020 Ongoing
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o Construction, landscaping and gardening work allowed to resume o Posted required, updated Social Distancing Protocol and Signage o Developing phased reopening of City facilities based on evaluation of easing of restrictions within Order
• Order No. c19-5d (Revised), dated May 15, 2020
o Developed phased reopening of City facilities based on evaluation of easing of restrictions within Order , with outlined protocols and best practices on preventative measures, site- specific changes, reconfigurations, screening, cleaning/disinfecting, communication & posting, etc.
o Outdoor facilities w ith high -touch equipment or that encourage gathering must remain closed to public access. Such facilities include playgrounds, gym equipment, climbing walls, picnic areas, dog parks, spas, and barbecue areas. o Removal of previous order’s limit on travel for recreational activities to within 10 miles from home
• Order No. c19-8b (Revised), dated May 19, 2020
o All members of the public and workers to wear face coverings at all times • Order No. c19-5e (Revised), dated May 28, 2020
o Additional activities allowed, including places of worship, retail, car parades, and protests
o Reopened four (4) pickleball and two (9) tennis courts; implementing reservation system and active monitoring by City staff
o Cancelled all non-essential meetings and events through June 30, 2020 o Reevaluated all major City special events (such as Fourth of July, Summer Concerts, and Summer Days) and proposed plans for events in virtual, modified formats
• Order No. c19-5f (Revised), dated June 4, 2020
o Additional activities allowed, including outdoor dining, charter boat operations, and funerals
o Reopened beach parks, boat docks, two (2) walking tracks, and parking lots of all (except one) park sites
o Developed visitor protocols to provide guidance on requirements and expectations of those seeking in-person services, with outlined protocols and best practices on preventative measures, self -health assessments, face covering and social distance requirements, capacity levels, etc. o More employees reintroduced into the workp lace; implementation of appointment scheduling software to allow in- person services beginning June 15, 2020
• Order No. c19-11, dated June 17, 2020
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o Limits gatherings to no more than 50 people, outlines social distancing and face covering requirements, allows for social bubbles of no more than 12, and requires businesses to implement a social distancing protocol and written health and safety plans
o Reopened all pickleball and tennis courts, as well as removed reservation system and active monitoring by City staff
o Reopened bocce ball courts and volleyball courts
o Reopened park restrooms at five (5) locations
o More employees to be reintroduced into the workplace; however reopening of all City facilities postponed until further notice
• County Added to State Monitoring List, July 29, 2020
o Shut down of certain industries or activities, unless modified to operate outside
o City temporarily suspends code enforcement actions against businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices that are not currently permitted to provide outdoor operations o Skate park reopened on August 14, 2020
• County Ranked Purple in State’s New Color-Coded Reopening System, August 28, 2020 o Effective August 31, all retail and shopping centers can open at 25% capacity, and all hair salons and barbershops can resume indoor operations • County Ranked Red in State’s New Color -Coded Reopening System, September 22, 2020
o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people) o Schools one step closer to reopening (only after two weeks in Tier 2/Red) • CA Department of Public Health New Guidance on Playgrounds and Outdoor Recreational Facilities, September 28, 2020
o Playgrounds, basketball courts, all park bathrooms, the Fitness Court, and the Skate Park to reopen, with restrictions, on October 8
o Parks staff preparing for reopening of amenities by sanitizing all playgrounds and removing fencing
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• County Ranked Orange in State’s Color-Coded Reopening System, October 27, 2020 o Indoor family entertainment centers, outdoor bars and breweries not o serving food, indoor climbing walls and certain other businesses and activities to open with capacity restrictions
o Dine-in restaurants, movie theaters, places of worship and additional businesses can boost their indoor capacities as well
• Order No. c19-7c (Revised), dated October 29, 2020
o Updated orders for individuals who are close contacts of a positive case (for quarantine) or who have tested positive for COVID -19 (for isolation), along with instructions for home quarantine and home isolation o Specific rules applicable to health care workers and first responders • County Ranked Red in State’s Color-Coded Reopening System, November 17, 2020 o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 50% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people, whichever is fewer) o Gyms and fitness centers indoors (max 10% capacity)
• County Ranked Purple in State’s Color-Coded Reopening System, November 29, 2020 and Limited Stay at Home Order, starting November 30, 2020 o Businesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
o Shopping malls and all retail must operate at no more than 25 percent capacity.
o Prohibited residents from leaving their homes to gather with other households from 10 p.m. to 5 a.m.
• Regional Stay at Home Order, starting December 17, 2020 o Prohibits private gatherings of any size, except for outdoor church services and political demonstrations.
o Restaurants must stop offering in -person dining and can offer only take -out and delivery.
o Many businesses and activities must close, including salons and barbershops. o Retail can remain open at 20 percent capacity.
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o Nonessential travel and the use of hotels or short -term rentals for leisure is banned.
• County Ranked Purple in State’s Color-Coded Reopening System, January 25, 2021 o Businesses and activities that may have been operating indoors – including places of worship, movie theaters, gyms and museums – must move outdoors or close.
o Shopping malls and all retail must operate at no more than 25 percent capacity.
• County Ranked Red in State’s Color-Coded Reopening System, February 24, 2021 o Restaurants indoors (max 25% capacity or 100 people, whichever is fewer) o All retail indoors (max 50% capacity)
o Shopping centers, swap meets indoors (max 5 0% capacity, closed common areas)
o Personal care services – hair and nail salons, barbershops (open with modifications)
o Museums, zoos and aquariums (max 25% capacity)
o Places of worship (max 25% capacity or 100 people, whichever is fewer) o Movie theaters in doors (max 25% capacity or 100 people, whichever is fewer) o Gyms and fitness centers indoors (max 10% capacity)
• County Ranked Orange in State’s Color-Coded Reopening System, March 17, 2021 o Restaurants indoors (max 50% capacity or 200 people, whichever is fewer) o All retail/shopping indoors (open with modifications, closed common areas and reduced capacity in food courts)
o Museums, zoos and aquariums (max 50% capacity)
o Places of worship (max 50% capacity or 200 people, whichever is fewer) o Movie theaters indoors (open with modifications)
o Gyms and fitness centers indoors (max 25% capacity, indoor pools and climbing walls open)
• CA Department of Public Health New Guidance on Travel, April 2, 2021 o CDPH and the CDC recommend delaying travel until persons are fully vaccinated. Fully vaccinated travelers should follow CDC travel guidance and are not required to test or quarantine before or after travel unless they have symptoms concerning for COVID-19 disease.
• Governor Gavin Newsom outlines the State’s next step in the COVID- 19 pandemic recovery, moving beyond the Blueprint for a Safer Economy, and announces that on June 15, California will fully reopen if criteria are met. • CA Department of Public Health New Guidance on Gatherings and Live Events, April 15, 2021
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o For the Orange Tier starting on April 15, outdoor gathering size increases to 50 people.
o For private events or meetings such as receptions or conferences, outdoor gatherings are limited to 100 people.
o Indoor live events or performances are allowed with capacity limits and modifications including physic al distancing, advance ticket purchases, designated areas for eating and drinking, and attendance limited to in -state visitors.
• CA Department of Public Health New Guidance on Use of Face Coverings, May 3, 2021 o For fully vaccinated persons, face coverings are not required outdoors except when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings. o For unvaccinated persons, face coverings are required outdoors any time physical distancing cannot be maintained, including when attending crowded outdoor events, such as live performances, parades, fairs, festivals, sports events, or other similar settings.
o In indoor settings outside of one's home, including public transportation, face coverings continue to be required regardless of vaccination status, except as outlined below.
• County Ranked Yellow in State’s Color-Coded Reopening System, May 12, 2021 o Allows expanded capacity at r estaurants, gyms, movie theaters, indoor businesses and a host of other operations.
o Bars that do not serve food can reopen indoors with a maximum capacity of 25 percent or 100 people, whichever is fewer.
• California officially reopens and moves “ Beyond the Blueprint ,” which ends the the color-coded reopening tier systems and lifts most restrictions on businesses. The County of San Mateo fully aligns with all state COVID -19 health and safety guidelines and has no plans to impose separate guidance.
o Most County of San Mateo offices opened to the public on June 15, 2021. o City of Foster City reopens Council Chambers and begins hybrid in-person and virtual City Council meetings on July 19, 2021.
o City of Foster City reopens City Hall to general public for walk -ins during regular business hours from 8:00 AM-5:00 PM, Monday to Friday, on July 26, 2021.
o City of Foster City reopens Recreation Center and begins offering indoor programs again on August 9, 2021.
• Order No. c19-12, dated August 3, 2021
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o Directs that face coverings shall be worn, regardless of vaccination status, over the mouth and nose, in all indoor public settings, venues, gatherings, and workplaces, such as, but not limited to: offices, retail stores, restaurants and bars, theaters, family entertainment centers, conference centers and government offices serving the public.
• Governor Gavin Newsom signs Assembly Bill 361 on September 16, 2021, as the provisions of Executive Order No. N- 29-20 (as revised by Executive Order No. N -08- 21), which modifies the requirements for conduct ing meetings via teleconference during the COVID-19 pandemic, expires on September 30, 2021. • County Health issues criteria for lifting COVID -19 indoor masking requirements to allow organizations to set those requirements independently , when all of the following are achieved, October 7, 2021:
o The rate of COVID-19 transmission reaches the “moderate” or yellow tier and remains there for at least three weeks; AND
o The number of people hospitalized for COVID -19 is low and stable in the judgement of local health officials; AND
o The percent of the total population that is fully vaccinated – two doses of Pfizer or Moderna or one dose of Johnson & Johnson – reaches 80 percent OR eight weeks have passed since a COVID -19 vaccine has been authorized for emergency use by federal and state authorities for 5- to 11-year-olds. • CA Department of Public Health Statewide Mandate on Masks, December 15, 2021 o Requiring masks to be worn in all indoor public settings, irrespective of vaccine status, until February 15, 2022
• In alignment with the State, San Mateo County will rescind indoor mask requirements effective February 16, 2022 . Unvaccinated individuals will still be required to mask indoors. Everyone, regardless of vaccination status, will be required to mask indoors in high-risk settings, including public transportation, health care settings, congregate settings like correctional facilities and homeless shelters, long-term care facilities, and in K-12 schools and childcare settings.
o City of Foster City reopens Council Chambers and returns to hybrid in-person and virtual City Council meetings on March 7, 2022.
o Indoor masking, though strongly encouraged, is no longer required at City facilities effective March 14, 2022.
• On April 6, 2022, the Californ ia Department of Public Health updated its guidance so that masking is no longer required in schools, though strongly encouraged. • On April 18, f ederal judge issues ruling that masks are no longer required on transportation conveyances and at transportation hubs.
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• On October 17, 2022, Governor Newsom announced the declared COVID -19 State of Emergency will end on February 28, 2022.

OBJECTIVE ACTION ITEMS STATUS

TO P ROVIDE ESSENTIAL SERVICES AND

CONTINUITY OF CITY OPERATIONS WITH

MINIMAL DISRUPTION (TO EXTENT

POSSIBLE)
Implement Continuity of Operations/Government (COOP/COG) Plans • Identify essential services; includes public safety, water and wastewater, critical infrastructure maintenance, etc. (Detailed by Department in Separate Document) • Identify essential workers and establish staffing levels necessary to carry out essential functions (Detailed by Department in Separate Document) Ongoing; Changes
with Progress
Establish and coordinate COVID-19 Response Team
• Includes Department Heads and 1-2 Essential Employees from Each Department • Centralized Point of Contact with Joint, Multiagency Emergency Operations Center • Check-In Meetings (Transitioned from Weekly, to Biweekly, and to As Needed) • After Action Debrief Meeting on 06/24/20
Ongoing
Establish and coordinate COVID-19 Return to Work Taskforce • Organized by City Manager and Human Resources Departments, and Includes 1 -2 Employees from Each Department
• Developed ‘Employee Return to Work’ Policy as well as Visitor Policy & Protocols • Developed ‘Adaptable Work Schedule Program’
Ongoing

OBJECTIVE ACTION ITEMS STATUS

TO EFFECTIVELY COMMUNICATE,

EDUCATE, AND INFORM THE COMMUNITY
Provide reliable information to the community that is uniform and consistent with the County & State guidelines
• Participate in PIO conference calls
• Share information as released by County in an effort to centralize resources • Coordinate messaging with SMC Fire (Member Agencies) for consistency • Create landing page of COVID -19 general information on City website – https://www.fostercity.org/covid19
• Create landing page of COVID-19 available City services online and by appointment on City website – https://www.fostercity.org/citymanager/page/citywide-services • Create landing page of COVID -19 response/programs on City website – https://www.fostercity.org/citymanager/page/foster-city-covid-19-response • Create landing page of COVID -19 business resources on City website – https://www.fostercity.org/citymanager/page/covid-19-business-resources • Enable alert on top header of City website with latest City update on COVID-19 • Enable spotlight on City website main page directing to COVID-19 landing page Ongoing
Provide messaging that increases public awareness of mandatory precautionary measures and available resources for the community
Ongoing
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• Signage –
o City Facilities Closures – Posted at Building Entrances, Gated Park Facilities, Playgrounds, Bathrooms, etc.
o Electronic Board (for Social Distancing) – Placed on Levee Pedway o Chalk Markings (for Social Distancing) – 6 Feet Markers on Levee Pedway o Metal Signage (for Social Distancing) – Posted Along Levee Pedway o City Facilities Requirements – Face Coverings, Social Distancing Guidelines/Floor Markers, Limited Capacity in Common Spaces, etc. • FCTV Bulletin – Updated with COVID-19 Information
• Electronic Marquee – Updated with COVID-19 Information • Press Releases –
o March 11, 2020
o March 13, 2020
o March 15, 2020
o March 16, 2020
o April 3, 2020
o April 8, 2020
o April 22, 2020
o April 23, 2020
o April 30, 2020
o May 27, 2020
o June 3, 2020
o October 7, 2020
o June 2, 2021
o June 17, 2021
o July 16, 2021
o July 28, 2021
o October 28, 2021
o January 5, 2022
o February 18, 2022
o March 8, 2022
• Videos/Public Service Announcements –
o Letter from Mayor (Released 03/18/20)
o Video from Mayor (Released 03/26/20)
o Letter from Mayor (Released 03/31/20)
o Joint PSA with SMC Fire Member Agencies (Released on 04/10/20) o COVID-19 Relief Program (Released 05/14/20)
o Summer Safety Message from City Council (Released 06/04/20) 88

o Congratulations to Class of 2020 (Released on 06/09/20) o Visit City Hall Online (Released 07/01/20)
o Submit Permits Online (Released 07/01/20)
o Wear a Mask (Released 08/11/20)
• E-Newsletter/Weekly City Update –
o March 26, 2020
o April 1, 2020
o April 10, 2020
o April 16, 2020
o April 23, 2020
o May 1, 2020
o May 7, 2020
o May 14, 2020
o May 21, 2020
o May 28, 2020
o June 4, 2020
o June 11, 2020
o June 18, 2020
o June 25, 2020
o July 1, 2020
o July 9, 2020
o July 16, 2020
o July 23, 2020
o July 30, 2020
o August 6, 2020
o August 13, 2020
o August 20, 2020
o August 27, 2020
o September 3, 2020
o September 10, 2020
o September 17, 2020
o September 24, 2020
o October 1, 2020
o October 8, 2020
o October 15, 2020
o October 22, 2020
o October 29, 2020
o November 5, 2020
89

o November 12, 2020
o November 19, 2020
o November 26, 2020
o December 3, 2020
o December 10, 2020
o December 16, 2020
o December 31, 2020
o January 7, 2021
o January 15, 2021
o January 21, 2021
o January 28, 2021
o February 4, 2021
o February 11, 2021
o February 18, 2021
o February 25, 2021
o March 4, 2021
o March 11, 2021
o March 18, 2021
o March 25, 2021
o April 1, 2021
o April 8, 2021
o April 15, 2021
o April 22, 2021
o April 29, 2021
o May 6, 2021
o May 13, 2021
o May 20, 2021
o May 27, 2021
o June 3, 2021
o June 10, 2021
o June 17, 2021
o June 24, 2021
o July 1, 2021
o July 8, 2021
o July 15, 2021
o July 22, 2021
o July 29, 2021
o August 5, 2021
90

o August 12, 2021
o August 19, 2021
o August 26, 2021
o September 2, 2021
o September 9, 2021
o September 16, 2021
o September 23, 2021
o September 30, 2021
o October 7, 2021
o October 14, 2021
o October 21, 2021
o October 28, 2021
o November 4, 2021
o November 10, 2021
o November 18, 2021
o November 24, 2021
o December 2, 2021
o December 9, 2021
o December 16, 2021
o December 22, 2021
o December 29, 2021
o January 13, 2022
o January 27, 2022
o February 10, 2022
o February 24, 2022
o March 10, 2022
o March 24, 2022
o April 14, 2022
o April 28, 2022
o May 12, 2022
o May 26, 2022
o June 9, 2022
o June 23, 2022
o July 14, 2022
o July 28, 2022
o August 11, 2022
o August 25, 2022
o September 8, 2022
91

o September 22, 2022
o October 13, 2022
o October 27, 2022
• Recology Billing Mailer –
o June: “We’re in this together, Foster City! Thank you for helping slow the spread of COVID-19. Practice social distancing of at least 6 feet, wear a face covering, and wash your hands frequently. Follow Foster City news and updates at www.fostercity.org/covid19.”
o August: Flyer – “It’s up to all of us, Foster City”
Participate in opportunities for community education whenever possible • City Manager provided COVID-19 update to Rotary Club on 03/25/20 (via Zoom) • Patrol Officers to educate public whenever responding to/enforcing violation reports • Police Chief to host Community Connect/FCPD Virtual Station Tour/Live Q&A event on 04/16/20 (via Facebook Live)
• City Manager and Mayor provided update to Foster City Village on 03/23/21 (via Zoom)
• Partnered with Congresswoman Speier to host a week-long “In America: Remember” exhibit honoring San Mateo County residents who died of COVID-19 from 11/07/21 to 11/14/21
Ongoing

OBJECTIVE ACTION ITEMS STATUS

TO SUPPORT NEEDS OF VULNERABLE/AT-

RISK POPULATIONS, MOBILIZING

COMMUNITY-BASED ORGANIZATIONS,

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

Ongoing
92

o Senior Shopping Hours – Foster City Safeway (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Target at Bridgepointe (Tuesdays and Wednesdays from 8:00 AM-9:00 AM), Lucky Supermarkets (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Costco (Tuesdays and Thursdays from 8:00 AM-9:00 AM), Ranch 99 (every weekday from 8:00 AM-9:00 AM), and Trader Joe's (daily from 9:00 AM-10:00 AM)
o Foster City Village – Comfort Care Meal Delivery Program for 20 Weeks (01/28/21 to 06/10/21) includes one weekly meal prepared by rotating Foster City restaurants and hand-delivered by volunteer cadre (including Foster City staff)
• Food Distribution:
o Second Harvest Food Bank – Pre-boxed meals distribution to take place the first and third Friday at 9:00 AM/9:30 AM at the Recreation Center parking lot, in a drive-up fashion
o SMFC School District Food Program – Free meal program, grab and go style breakfast and lunch meals, available for all kids and teens 18 and under at Foster City Elementary School. City Council approved allocation of $10,000 on 05/11/20 to help costs of expanding this program. [ENDED] o Great Plates Program – Delivering meals to older adults who are at heightened risk and are unable to obtain or prepare meals on their own while sheltering in place [ENDED]
o Impossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
• Students/Distance Learning:
o SMFC Education Foundation – City Council approved allocation of $10,000 to help supplement costs of hot spots and internet access to carry out distance learning programs.

Collaborate with the County, SAMCEDA, and Foster City Chamber of Commerce to understand impacts of COVID-19 on businesses and develop financial assistance programs that can offer immediate relief as needed
• Issued survey to businesses to better understand economic impacts of COVID -19 – https://www.surveymonkey.com/r/BXH6H86
• Built Business Resources Page on City website that includes latest updates – https://www.fostercity.org/citymanager/page/covid-19-business-resources • Built directory of businesses open/available for delivery or pick -up – https://local.fostercity.org/
Ongoing
93

• Help promote San Mateo County Strong Fund, donation f und to help residents, nonprofit organizations and small businesses – https://www.smcstrong.org/ • Evaluated U.S. Senate Bill S.3548 - Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and an informational report was provided to the City Council on 04/06/20. • Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses ) approved by City Council on 04/06/20.
• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
• Consider options for Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
• Participated in Chamber of Commerce “Chamber Cares Initiative” Weekly Meeting re:

COVID-19 Impacts on Non-Profits 06/16/20
• Outdoor dining temporarily allowed for restaurants looking to provide outdoor dining service and suspend ed Code Enforcement a ctions approved by City Council on 07/06/20
• Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts • Outdoor services temporarily allowed for businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices , and suspended Code Enforcement actions approved by City Council on 07/31/20
• Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
• Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) • Expanded Support Local Foster City Campaign to provide vouc hers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
• Helped promote Rest aurant, Brewery & Winery Relief, relief f und to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief 94

• Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Preferences, which was open between 03/11/21 -03/11/21; findings received and accepted by City Council on 04/19/21
• Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 • Helped promote living!LOCAL Holiday Marketplace by Chamber of Commerce to highlight local goods and services, and benefitting both shoppers and family -run businesses – https://www.whimlocal.com/event/livinglocal/feed • Helped promote Microfood Business Grant Program to help microfood businesses that have not received assistance from the County COVID -19-relief programs in the past 12 months – https://www.smcstrong.org/archivedapplyforfunding Continue dialogue with hotels to understand impacts of COVID-19 on occupancy and consider use of hotels as alternative care facilities
• Connected Nathan Tsai (owner of Crowne Plaza and Towne Place Suites) with County Manager Mike Callagy regarding 650 rooms available
Ongoing
Address risks of homelessness and/or displacement
• Countywide eviction moratorium ordinance; resolution adopting an Emergency Regulation, Pursuant to Section 8634 of the Government Code and Chapter 2.46 of the San Mateo County Ordinance Code, establishing a temporary, countywide moratorium on eviction for non -payment of rent by residential tenants directly impacted by the COVID -19 pandemic; extended through July 28 , 2020 by Board of Supervisors on 06/23/20
• Temporary countywide eviction moratorium for non-payment of rent by residential tenants directly impacted by the COVID-19 pandemic through August 31 and extended the time period in which delayed payments shall be made; amendment to Emergency Regulation approved by Board of Supervisors on 08/04/20 • Allocation of $1 million to the San Mateo County Emergency Financial Assistance Program (ERAP) and continued outreach for the state Emergency Rental Assistance Program to help residents impacted by COVID -

19. Eligible applicants include
renters/tenants those who have experienced financial hardship due to COVID -19, have past due rent or utilities, and have a household income that is not more than 80% of the area median income, as well as property owners/landlords with income - eligible renters. Approved by Board of Supervisors on 06/29/21 Passed on
03/24/20;
06/23/20;
08/04/20
Support mental wellness/wellbeing of the Foster City Community • Promote and expand on Virtual Recreation and Resource Center to keep community engaged and active – https://www.fostercity.org/parksrec/page/virtual-r ecreation- and-resource-center
• Promoted San Mateo County Psychological Association (SMCPA) Virtual Town Halls (04/05/20 and 04/09/20)
Ongoing
95

• Participated in ‘Thank You Event’ at San Mateo Medical Center with SMC Fire Member Agencies, Public Safety Personnel, City Staff, and Legislative Officials (05/04/20) Build out database for Countywide Community Evacuation Interface to support mass shelter in place and assist with information sharing – https://community.zonehaven.com/ • Assigned liaison to support data needs, provide resources, and update map Ongoing

OBJECTIVE ACTION ITEMS STATUS

TO FOSTER A SAFE WORKPLACE AND

ENABLE THE EMPLOYEE BASE TO

PERFORM
Scale workforce to essential functions only and transition employees to telework/remote to extent possible
• Distributed Teleworking Policy and Form to all employees (March 2020 and December 2020)
• Staffing levels/schedule established on a weekly/monthly basis (dependent on department)
• Provided regular updates to all employees via City Manager and Human Resources (issued 11 internal memos to -date) and Management Team Meeting (on 05/27/20) and All-Hands Meeting (on 05/28/20, 07/29/20, and 12/15/20) • Provided regular updates to City staff via bimonthly City Manager update “The Bulletin” (First and Third Fridays of Each Month); transitioning to monthly updates in 2021
• Shared information on Families First Coronavirus Response Act • Provided tools for all employees to effectively work remotely (with IT Assistance); includes equipment issuance, tele/video conferencing tools such as Microsoft Teams and Zoom, and web -based Employee Resource Page –
https://www.fostercity.org/employees
• Established ‘Return to Work Taskforce ’ and Developed ‘Employee Return to Work’ Policy
• Developed ‘Adaptable Work Schedule Program’
Ongoing
Ensure safety of front-line/essential personnel, i.e. first responders • Ensure personnel are equipped with PPE and are able to minimize in -person interactions whenever possible (reduced access to Police & Fire Departments, alternate teams/shifts, etc.)
• Provide accommodations for quarantining/isolation by coordinating with County EOC • Provide resources to COVID -19 testing if needed through https://verily.com/ or https://www.projectbaseline.com/study/covid-19/
• Provide childcare options for front -line/essential personnel, i.e. first responders – https://sanmateo4cs.org/
o Shared survey to gather information and better assess needs jurisdiction – https://www.surveymonkey.com/r/SMC_COVID19_childcare
Ongoing
96

• Implemented self-health assessment/screening requirement at entry points; including installation of thermal scanners at City Hall and Police Department • Posted required Social Distancing Protocol and Signage at City facility entrances and share information with all employees
• Informed all employees of Face Covering Requirement; p roviding supply of masks if necessary
• Departments coordinating with ‘Return to Work Taskforce’ for site- specific modifications/adaptations (including spacing and health/sneeze guards) ; as well as visitor safety protocols
• Acquired donation of ~5,000 cloth face coverings through U.S. Conference of Mayors ‘Masks for Mayors Initiative’
• Sanitation station/supplies set up in various locations throughout City facilities • Acquiring COVID-19 at-home/self-test kits through County for public safety personnel

OBJECTIVE ACTION ITEMS STATUS

TO PROVIDE LONG -TERM STRATEGIC
PLANNING IN RESPONSE TO COVID -19

AND POTENTIAL IMPACTS TO CITY

OPERATIONS
Continue to monitor and work with the County to understand trajectory of COVID-19 and how it may impact City operations and needs of the community • Modeling data will be used a basis to prepare for contingencies where needed and to prepare for reopening of economy/transition to normal operations through phased approach
• Assigned representative to County’s Long-Term Strategic Planning Taskforce • Created ‘Return to Work Taskforce’ to develop policy/strategy for reopening City facilities; as well as policy/safety protocols for visitors & members of the public • Created ‘Parks Reopening Taskforce’ to develop policy/strategy for reopening park facilities
• Overview of San Mateo County Recovery Initiative presented to City Council on 10/05/20 and report accepted by Board of Supervisors on 10/06/20 Ongoing
Evaluate and consider additional actions that are recommended or may be required dependent on outcome/progression of COVID-19 situation; including (but not limited to):
• Extension of City Facilities Closure (TBD; Based on Public Health Order and Until Further Notice)
• Suspend or Freeze Shut -Offs/Disconnection of Water Service for Non -Payment (Currently in Effect)
• Waiver of Credit Card Fees for Online Payment of Utilities Through June 30, 2020 (Approved by City Council on 04/06/20)
• Explore Feasibility of Charging Tier 1 Rates for Water Service (No Longer Pursuing Due to Minor Cost Difference)
Ongoing
97

• Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses ) approved by City Council on 04/06/20.
• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
• Consider Options for Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
• Freeze Hiring/New Recruitments and Filling of Vacant Positions (Currently in Effect) • Initiated Friendly Streets, Foster City Initiative, dedicating approximately a 1.75 mile stretch of road on northbound Beach Park Boulevard for bicyclists and runners. One lane will be barricaded off from cars to allow bicyclists and runners to safely use the designated detour. In parallel with the detour, this stretch of Levee Pedway is reserved for walking only. (Approved by City Council on 04/06/20) [DISCONTINUED] • Expanded Friendly Streets, Foster City Initiative to extend lane closure on Beach Park Boulevard from Teal Street to Gull Avenue ( Approved by City Council on 05/11/20) [DISCONTINUED]
• Allocated $20,000 total ($10,000 each) to the San Mateo -Foster City Elementary School District /Community Education Foundation for its Free Meal Program and Mobile Hotspot/Wi-Fi for Distance Learning (Approved by City Council on 05/11/20) • COVID-19 Recovery Planning Update provided at City Council Vision & Policy Summit (on 06/04/20)
• Outdoor Dining Temporarily Allowed for Restaurants Looking to Provide Outdoor Dining Service and Suspen ded Code Enforcement A ctions (Approved by City Council on 07/06/20)
• Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts • Outdoor Services Temporarily Allowed for Businesses (such as salons/barbers, personal care services, gyms/fitness centers, and offices) and Suspended Code Enforcement Actions (Approved by City Council on 07/31/20) • Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
• Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) 98

• Impossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
• Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
• Helped promote Restaurant, Brewery & Winery Relief, relief fund to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief

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

99 DATE: November 21, 2022

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

VIA: Stefan Chatwin, City/District Manager

FROM: Edmund Suen, Finance Director

SUBJECT: ADOPTING AN UPDATED INVESTMENT POLICY DATED
NOVEMBER 21, 2022 AND AUTHORIZING THE

CITY/DISTRICT MANAGER OR CITY TREASURER TO

EXECUTE DOCUMENTS FOR THE CITY/EMID TO JOIN WITH

OTHER PUBLIC AGENCIES AS SHAREHOLDERS OF THE

CALIFORNIA ASSET MANAGEMENT TRUST, A JOINT

POWERS AUTHORITY (JPA), TO INVEST IN SHARES OF THE

TRUST AND TO JOIN AS AN INVESTOR

RECOMMENDATION

It is recommended that the City Council/EMID Board of Directors approve the attached resolutions adopting the City/EMID Investment Policy, dated November 21, 2022 and authorize the City Manager or City Treasurer to execute documents for the City/EMID to join with other public agencies as Shareholders of the California Asset Management Trust, a joint powers authority (JPA), to invest in shares of the Trust and to join as an Investor.

EXECUTIVE SUMMARY

The City/District's Investment Policy was last updated on June 20, 2022 and is generally updated annually. However, due to the rapid acceleration of interest rates, vehicles that have the highest investment grade and liquidity 100
(i.e. very short durations) are generating very attractive yields (e.g. currently exceeding 3%). As a result, staff recommends adding shares of beneficial interest issued by a joint powers authority, such as the California Asset Management Program "CAMP" to the Investment Policy as an authorized investment. In addition, the Investment Policy is updated to acknowledge Stefan Chatwin as the current City/District Manager.

BACKGROUND AND ANALYSIS

The City/EMID's Investment Policy was last updated and adopted on June 20, 2022. The City’s three primary objectives for its investments, in order of priority, remain unchanged: (a) Safety, (b) Liquidity, and (c) Yield. Due to aggressive Federal Reserve monetary policy to raise interest rates to cool down the nation's inflation (the discount rate has been raised six times this calendar year from 0.25% to 4.0%), investment yields on shares of beneficial trust interest (mutual funds and joint powers authorities) have also seen investment yields accelerate substantially. As a comparison, the City's LAIF yield as of early November was 1.9% compared to CAMP's yield of over

3.5%.

The California Asset Management Program (CAMP) was created in 1989 when two public agencies formed the California Asset Management Trust (Trust) with the objective of meeting local government investment needs at a reasonable cost. The Trust’s activities are directed by a Board of Trustees, all of whom are finance officials of California public agencies. As a result, the Trust is accountable solely to its public agency Shareholders. Initially, the Trust was formed to assist California public agencies with investing proceeds of tax-exempt bonds and complying with the arbitrage regulations.

Responding to the needs of its Shareholders, the Trust was later modified to provide for the investment of operating funds and capital reserves. The Trust’s Cash Reserve Portfolio (Pool) is a short-term portfolio which, in order of priority, seeks to preserve principal, provide daily liquidity and earn a high level of income. The Pool is a long-established short-term investment alternative for California public agencies. In conjunction with the Pool, the Trust offers a variety of cash management tools to assist public agencies in effectively managing their cash. As of September 30th, the Pool has over $7.8 billion in public agency assets under management with approximately 220 shareholders.

Some of the key benefits of the Pool, as identified within the Program Guide, are as follows:
101
 Safety: Standard and Poor’s (S&P), one of the nationally-recognized rating agencies, reviews the assets of the Pool each week. For the Pool to maintain the S&P “AAAm” rating, the Pool must meet certain credit rating standards and not exceed the average maturity allowed by S&P. Standard & Poor’s fund ratings are based on analysis of credit quality, market price exposure, and management. According to Standard & Poor’s rating criteria, the AAAm rating signifies excellent safety of invested principal and a superior capacity to maintain a $1.00 per share net asset value. However, it should be understood that the rating is not a “market” rating nor a recommendation to buy, hold or sell the securities. A full description on rating methodology can be found at Standard & Poor's website. In addition, a third-party custodian holds all cash and securities.
 Daily liquidity: Shareholders may make withdrawals on any business day (same-day if CAMP is notified by 11:00 a.m. Pacific Time), and there is no limit on the number of transactions.
 Competitive yields
 Unlimited investments and withdrawals
 Interest earned daily and credited monthly
 Monthly statements

For the proceeds of tax-exempt bonds, services to help ensure compliance with the arbitrage requirements of the Internal Revenue Code of the U.S.

Department of Treasury for bond proceeds including arbitrage tracking, expenditure tests, annual estimates of rebate liability and rebate calculations on Installment Computation Dates. CAMP is governed by a seven-member board of California public finance officials. CAMP’s Investment Adviser, PFM Asset Management LLC (PFMAM), provides day-to-day portfolio management and program administrative services. PFMAM specializes in providing investment management services to public agencies. Staff recommends adding shares of beneficial interest issued by a joint powers authority to be added to the City/District's investment policy. In addition, the Investment Policy has been updated to acknowledge Stefan Chatwin as the City/District Manager.

FISCAL IMPACT

There is no fiscal impact in the adoption of the resolutions.

102

CITY COUNCIL/DISTRICT BOARD VISION, MISSION, AND

VALUE/PRIORITY AREA

This item is in alignment with City Council's Vision Statement for a sustainable Foster City under the economic sustainability framework.

Attachments:

Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - City/EMID Investment Policy (clean)
Attachment 4 - City/EMID Investment Policy (redlined)
103
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADOPTING AN UPDATED INVESTMENT POLICY DATED NOVEMBER 21, 2022 AND

AUTHORIZING THE CITY MANAGER OR CITY TREASURER TO EXECUTE

DOCUMENTS FOR THE CITY TO JOIN WITH OTHER PUBLIC AGENCIES AS

SHAREHOLDERS OF THE CALIFORNIA ASSET MANAGEMENT TRUST, A JOINT

POWERS AUTHORITY (JPA), TO INVEST IN SHARES OF THE TRUST AND TO JOIN

AS AN INVESTOR

CITY OF FOSTER CITY
WHEREAS, California Government Code section 53646 requires that a local agency adopt an Investment Policy that governs the investment of public funds in accordance with State law; and
WHEREAS, the City’s Investment Policy was last updated on June 20, 2022; and WHEREAS, the City’s three primary objectives for its investments, in order of priority, remain unchanged: a) Safety, b) Liquidity, and c) Yield; and WHEREAS, the City Council desires to add shares of beneficial interest issued by a joint powers authority to the City’s Investment Policy as an authorized investment; and
WHEREAS, the City Council desires to join the California Asset Management Trust “CAMP”, a JPA as a shareholder of CAMP and to invest in shares of CAMP; and WHEREAS, the City’s Investment Policy is also updated to acknowledge that Stefan Chatwin is the City Manager.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Foster City that the Investment Policy dated November 21, 2022 is hereby approved and the City Manager or City Treasurer is authorized to execute documents for the City to join with other public agencies as shareholders of CAMP, a JPA, to invest in shares of the Trust and to join as an investor.
104
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 21 th day of November, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________

RICHA AWASTHI, MAYOR
ATTEST:
_________________________________

PRISCILLA SCHAUS, CITY CLERK
105
RESOLUTION NO. _____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ADOPTING AN UPDATED INVESTMENT POLICY DATED NOVEMBER 21, 2022 AND AUTHORIZING THE DISTRICT MANAGER OR CITY

TREASURER TO EXECUTE DOCUMENTS FOR THE DISTRICT TO JOIN WITH

OTHER PUBLIC AGENCIES AS SHAREHOLDERS OF THE CALIFORNIA ASSET

MANAGEMENT TRUST, A JOINT POWERS AUTHORITY (JPA), TO INVEST IN

SHARES OF THE TRUST AND TO JOIN AS AN INVESTOR

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, California Government Code section 53646 requires that a local agency adopt an Investment Policy that governs the investment of public funds in accordance with State law; and
WHEREAS, the District’s Investment Policy was last updated on June 20, 2022; and
WHEREAS, the District’s three primary objectives for its investments, in order of priority, remain unchanged: a) Safety, b) Liquidity, and c) Yield; and WHEREAS, the District Board desires to add shares of beneficial interest issued by a joint powers authority to the City’s Investment Policy as an authorized investment; and
WHEREAS, the District Board desires to join the California Asset Management Trust “CAMP”, a JPA as a shareholder of CAMP and to invest in shares of CAMP; and WHEREAS, the District’s Investment Policy is also updated to acknowledge that Stefan Chatwin is the City Manager.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Estero Municipal Improvement District that the Investment Policy dated November 21, 2022 is hereby approved and the District Manager or City Treasurer is authorized to execute documents for the District to join with other public agencies as shareholders of CAMP, a JPA, to invest in shares of the Trust and to join as an investor. 106
PASSED AND ADOPTED as a resolution of the Estero Municipal Improvement District at the Regular Meeting held on the 21 st day of November, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________________

RICHA AWASTHI, PRESIDENT
ATTEST:
______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY
107
City of Foster City, California and
Estero Municipal Improvement District

INVESTMENT POLICY
November 21, 2022
108

CITY OF FOSTER CITY AND

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

INVESTMENT POLICY
November 21, 2022
Richa Awasthi, Mayor
Jon Froomin, Vice Mayor
Sanjay Gehani, Council Member
Sam Hindi, Council Member
Patrick Sullivan, Council Member
Stefan Chatwin, City Manager
PREPARED BY:

Financial Services Department
109

CITY OF FOSTER CITY AND

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

INVESTMENT POLICY

TABLE OF CONTENTS
POLICY.............................................................................................................................4 SCOPE .............................................................................................................................4 PRUDENCE......................................................................................................................4 OBJECTIVES ...................................................................................................................5 A. Safety..................................................................................................................... 5 B. Liquidity.................................................................................................................. 5 C. Yield....................................................................................................................... 5 DELEGATION OF AUTHORITY.......................................................................................6 ETHICS AND CONFLICTS OF INTEREST......................................................................6 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS ..........................................6 AUTHORIZED AND SUITABLE INVESTMENTS.............................................................7 DOWNGRADED BONDS ...............................................................................................10 COLLATERALIZATION ..................................................................................................10 SAFEKEEPING AND CUSTODY ...................................................................................11 DIVERSIFICATION.........................................................................................................11 MAXIMUM MATURITIES................................................................................................11 INTERNAL CONTROL ...................................................................................................11 PERFORMANCE STANDARDS.....................................................................................11 REPORTING ..................................................................................................................11 INVESTMENT POLICY ADOPTION...............................................................................12 GLOSSARY....................................................................................................................13 110
4 CITY OF FOSTER CITY AND

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

INVESTMENT POLICY
NOVEMBER 21, 2022
POLICY
It is the policy of the City of Foster City /Estero Municipal Improvement District (hereinafter collectively referred to as “City” or "City of Foster City") to invest public funds in a manner which will provide the optimal return available consistent with the City’s liquidity needs and the primary objective of protecting the safety of principal conforming to all laws of the State of California regarding the investment of public funds.

SCOPE
The City Treasurer or his designee is authorized to invest the City's funds in accordance with the California Government Code Sections 53601.1, 53602, 53635, and 53646.

This investment policy applies to all financial assets of the City. These funds are accounted for in the Annual Comprehensive Financial Report which includes the following fund types:
General Fund
Special Revenue
Capital Projects
Enterprise
Internal Service
Trust and Agency
Any new fund created by the legislative body, unless specifically exempted.

All monies entrusted to the City Treasurer will be pooled in an actively managed portfolio except for employee retirement funds, which are administered separately.

PRUDENCE
The actions of the City Treasurer in the performance of his/her duties as manager of public funds shall be evaluated using the following prudent person standard applied in the context of managing the overall portfolio:

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

Investment officers acting in accordance with written procedures and the investment policy exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from 111
5 expectations are reported to the City Council / District Board in a timely fashion and appropriate action is taken to control adverse developments.

OBJECTIVES
There are three (3) primary objectives of the City’s Investment activities. In order of priority, they are: a) Safety, b) Liquidity, and c) Yield. In every case, all investment securities that are chosen to achieve these objectives will be in conformance with California state law and all applicable local ordinances or policies.

A. Safety
Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The City shall seek to safeguard principal by a careful examination of credit risk and market risk of individual investments.

1. Credit Risk - is defined as the risk of loss due to failure of an issuer of a security, shall be mitigated by investing in only very safe institutions and by diversifying the fund so that the failure of any one issuer would not unduly harm the City's cash flow.

2. Market Risk - is defined as the risk of market value fluctuations of the investment portfolio’s securities due to overall changes in the general level of interest rates, shall be mitigated by managing duration risk of the City/District fund to no less than one year and no greater than three years.

B. Liquidity
The City investment portfolio will remain sufficiently liquid to enable the City to meet all operating expenditure requirements which might be reasonably anticipated. In order to maintain liquidity, the City shall maintain cash and investments with a maturity of not greater than one (1) year that is equal or greater than the sum of the minimum operating and capital reserve requirements established by City Council / District Board policy for the General Fund, Capital Improvement Funds, Enterprise Funds, Internal Service Funds, and any other funds for which the Council/Board may establish minimum reserve requirements. Notwithstanding the above considerations, a minimum of 5% of the portfolio will have investments maturing within one day or in pooled or money market funds.

C. Yield
The City investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account investment risk constraints and the cash flow characteristics of the portfolio. Whenever possible, consistent with risk limitations and prudent investment principles, the City shall make an effort to achieve returns not less than the market average rate of return. The market-average rate of return is defined as the average return on One-Year U.S.

Treasury Notes, measured by an index comprised of the 12 current U.S. Treasury One- Year Notes.
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6 DELEGATION OF AUTHORITY
Pursuant to Section 2.16.030 of the City Municipal Code, the City Treasurer has been authorized to undertake investment transactions on behalf of the City. The only officials authorized to undertake investment transactions on behalf of the City are the City Treasurer and Assistant Finance Director. The actual disbursement of funds for the placement of individual investments undertaken by these two officials shall be subjected to a second party approval by officers authorized to sign City checks and wire transfers:

Finance Director and Assistant Finance Director. On a quarterly basis, the City Treasurer and the Human Resources Director shall meet to discuss the status of current investments, strategies for future investments, and other investment matters deemed necessary and shall report to the City Council as necessary.

The City Treasurer is responsible for ensuring compliance with the City's investment policies as well as for establishing systems of internal control to regulate the activities of subordinate officials.

ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Clerk any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial investment positions that could be related to the performance of the City investment portfolio.

AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The City Treasurer or his/her designee will maintain a list of financial institutions authorized to provide investment services and shall conduct an annual review of the financial condition and credit worthiness of all institutions that the City is currently using for the placement of investments. All financial institutions including broker/dealers which desire to become qualified bidders for the City's investment transactions must provide the Financial Services Department with the following:
Certification of qualification under the Security and Exchange Commission’s (SEC) Rule 15c3-1 (Net Capital Requirement for Brokers and Dealers) Certification of registration with all appropriate federal and state regulatory bodies, which may include but are not limited to: SEC, Municipal Securities Rulemaking Board, Financial Industry Regulatory Authority, California Department of Corporations
Audited financial statement for the last three years and subsequent quarterly financial statements.
Certification of having read the City investment policy and depository contracts.

The City may require, at its discretion, periodic recertification of the matters set forth above.
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7 The City Treasurer or his/her designee will investigate all financial institutions including brokers/dealers to determine if they are adequately capitalized, broker or deal in market securities appropriate to the City's needs, and agree to abide by the conditions set forth in the investment policy of the City. This will be done by having the financial institutions, brokers or dealers complete and return the appropriate questionnaire to the City Treasurer or his/her designee.

AUTHORIZED AND SUITABLE INVESTMENTS
The State of California Government Code (specifically, sections 16429.1, 53601 and 53649) limits the investment vehicles available to local agencies.

The following table summarizes the authorized investments, their maximum maturity, maximum percentage of portfolio, and maximum investment in any one issuer:

Authorized Investment Type1
Maximum
Maturity
Maximum % of
Portfolio
Maximum Investment in
One Issuer (as % of
Portfolio)
State Treasurer’s Local Agency
Investment Fund
N/A 100% 100%
San Mateo County Pool
Investment Program
N/A 10% 10%
Government Agency Issues
Local Municipal Bonds 5 years 5% 5%
State Bonds 5 years 5% 5%
U.S. Treasury Obligations 5 years 100% 100%
U.S. Agency Securities 5 years 100% 50%
Bankers Acceptances 180 days 25% 5%
Commercial Paper (“A1” rating
or better)
90 days 20% 5%
Negotiable Certificates of
Deposit
5 years 30% 5%
Repurchase Agreements 1 year 50% 50%
Medium-Term Notes (“A1” rating
or better)
5 years 5% 5%
Shares of Beneficial Interest
(Mutual Funds)
N/A 10% 10%
Shares of Beneficial Interest
issued by a joint powers
authority
N/A 50% 50%
Certificates of Deposit (non-
negotiable)
1 year 10% Maximum insurable
deposit with FDIC2
Detailed descriptions of each type of investments listed above are as follows:
1 Investment Grade Ratings are based on Moody’s Long-Term Obligation Ratings. Alternative equivalent ratings by Standard & Poor’s are also acceptable.
2 Current maximum insured amount per institution is $250,000. 114
8 State Treasurer's Local Agency Investment Fund (LAIF) - Government Code Section 16429.1 authorizes each local government agency to invest funds at a maximum amount allowable in this investment program administered by the California State Treasurer. The maximum amount of funds that can be invested with LAIF as dictated by LAIF regulations.
San Mateo County Pool Investment Program - Money invested with the San Mateo County Pool Investment Program. Investment in the County Pool is limited to 10% of the portfolio.
Government Agency Issues – Securities from various government agencies, such as those identified in Government Code Section 53601 (a) through (e), includes the following:
Local Municipal Bonds or other indebtedness – maximum maturity is 5 years from date of purchase, no limit in the amount of the portfolio, and no more than 5% of the total portfolio invested in any one issuer. Preference will be given to California municipal agencies.
State Bonds or other indebtedness – maximum maturity of 5 years from date of purchase, a 5% limit on total investments in the portfolio, and no more than 5% of the total portfolio invested in any one issuer.
U.S. Treasury Obligations, including notes or other indebtedness secured by the full faith and credit of the Federal Government – maximum maturity of 5 years from date of purchase, and no limit on amount invested as a % of total portfolio.
U.S. Agency Securities, including but not limited to issues by federal agencies such as the Federal Farm Credit Bureau, Government National Mortgage Association, Federal National Mortgage Association, and Federal Home Loan Mortgage Corporation – maximum maturity of 5 years from date of purchase, no limit on amount investment as a % of total portfolio, and no more than 50% of the total portfolio invested in any one issuer.
Bankers Acceptances - As authorized by Government Code Section 53601 (f), 25% of the City's portfolio may be invested in Bankers Acceptances that are eligible for purchase by the Federal Reserve System. Purchases of Bankers Acceptances may not exceed a 180 day maturity. No more than 5% of the market value of the portfolio shall be placed with any one institution.
Commercial Paper - As authorized by Government Code Section 53601 (g), 20% of the City's portfolio may be invested in commercial paper having a 'A1' rating for the issuers debt, rated by Moody's or Standard and Poors, with maturities not to exceed 90 days. No more than 5% of the portfolio shall be placed with any one institution.
Negotiable Certificate of Deposit - As authorized in Government Code Section 115
9 53601 (h), the City may invest 30% of its portfolio in negotiable certificates of deposit issued by commercial banks and savings and loan associations with a maturity at issuance of no greater than 5 years. No more than 5% of the market value of the portfolio shall be placed with any one institution. Repurchase Agreements - As authorized in Government Code Section 53601(l), this investment is an agreement between the local agency and seller for the purchase of securities on or before a specified date for a specified amount. The City may invest in Repurchase Agreements with banks and dealers with which the City has entered into a master repurchase contract which specifies terms and conditions of Repurchase Agreements and are fully collateralized by delivery to an independent third party custodian. In order to conform with the provisions of the Federal Bankruptcy Code which provides for the liquidation of securities held as collateral for repurchase agreement, the only securities acceptable as collateral shall be eligible negotiable certificates of deposit, eligible banker's acceptances, or securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States. There is no legal limitation on the amount of the repurchase agreement. However, the maturity period cannot exceed one year.
Medium-Term Notes - As authorized in Government Code Section 53601(o), medium-term notes are considered notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of "A1” or better by Standard & Poor or by Moody's rating services. Securities must have a maturity of no greater than five years from the date of purchase. No more than 5% percent of the portfolio may be invested in medium-term notes.
Shares of Beneficial Interest (mutual funds) - As authorized by Government Section Code 53601(k), issues by diversified management companies, otherwise known as mutual funds, and as defined in Section 23701(m) of the Revenue and Taxation Code, are allowable investments. Mutual funds must consist of securities and obligations of the U.S. Government authorized by Section 53601 of the California Government Code. To be eligible for investment, said companies shall either:

1. Attain the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or

2. Have an investment adviser registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations as authorized above, and with assets under management in excess of $500,000,000. The price of shares of beneficial interest (mutual funds) shall not include any commission that these companies may charge at the time of purchase or redemption. No more than 10% of the portfolio may be invested in mutual funds.
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10 Shares of Beneficial Interest (joint powers authority) – Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive.

Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority.  To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
Certificates of Deposit (non-negotiable) - As authorized in Government Code Section 53601, Certificates of Deposit are fixed term deposits with a financial institution with stipulated interest rates. The City shall deposit funds only with financial institutions which operate in California. Such investments are required to be collateralized by financial institutions from 105% to 150% depending on the specific security pledged as collateral. These institutions must be insured by the Federal Deposit Insurance Corporation (FDIC) or other federal government insurance banking systems.

Although financial institutions are required to collateralize such deposits, to guarantee preservation of capital, the City shall limit its investment in certificates of deposit to the maximum insurable deposit guaranteed by the FDIC or other federal insurance guarantor. The Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law on July 21, 2010, establishing the FDIC-insured amount in effect per depositor of $250,000. The maximum maturity at issuance may not exceed 1 year.

DOWNGRADED BONDS
In the event that the rating of any investment is downgraded to ‘A2’, the City Treasurer will immediately notify the City Manager. If it is downgraded to ‘A3’ rating, the City Manager will provide notice to the City Council of the downgrade and that the bond will be sold if it falls to “Baa” rating or below, regardless of the loss, unless otherwise directed by City Council resolution at the next available City Council meeting.

COLLATERALIZATION
Collateralization will be required on two types of investments: Certificates of Deposit and Repurchase Agreements. Federal and State law governs the collateralization requirements for Certificates of Deposit, which under the terms of this policy shall not be less than 102% of the value of the deposit. With regards to Repurchase Agreements, the collateralization level will be in conformance with the California Government Code, 117
11 and in no event less than 102% of market value of principal and accrued interest.

Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. Clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained by the issuing institution at all times.

SAFEKEEPING AND CUSTODY
All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third party custodian designated by the City Treasurer and evidenced by safekeeping receipts.

DIVERSIFICATION
The City will diversify its investments by security type and institution in accordance with the table of Authorized and Suitable Investments. However, 100% of the portfolio may consist of U.S. Treasury, U.S. Agency securities and/or the LAIF investment pool.

MAXIMUM MATURITIES
To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. The City will not invest in securities maturing more than five (5) years from the date of purchase.

INTERNAL CONTROL
The City Treasurer shall establish an annual process of review internally, including assuring that an independent analysis by an external auditor be conducted annually to review and perform procedures testing on the City’s cash and investments.

PERFORMANCE STANDARDS
The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's risk constraints and cash flow needs.

The City's investment strategy is to obtain a market average rate of return. The market average rate of return is defined as the average return on one-year U.S. Treasury Notes.

REPORTING
The City Treasurer shall submit investment reports monthly to the City Council which should include a list of the portfolio’s holdings by investment asset class, name of institution, purchase date, maturity date, call date, par value, amount of deposit or cost of security, amortized book value, current market value of securities, coupon and effective yield, . In addition, the report will indicate the portfolio’s duration, total weighted average maturity and yield. The report will be signed as mandated in compliance with 118
12 California Government Code Sections 53607 and 53646.

INVESTMENT POLICY ADOPTION
The above investment policy is adopted by resolution of the City of Foster City/Estero Municipal Improvement District. The policy is reviewed on an annual basis by the City Treasurer and Human Resources Director and any modifications made thereto shall be approved by the City Council/District Board.
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13 GLOSSARY
AGENCIES: Federal agency securities.

ASKED: The price at which securities are offered.

BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the insurer.

BID: The price offered for securities.

BOND RATINGS: bond ratings measure quality and safety based on the issuer's financial condition. These rating services evaluate the likelihood that a debt issuer will be able to meet scheduled interest and principal payments.

Moody's vs. Standard & Poors Bond Ratings
Bond Rating
Moody's
Standard
&
Poor's
Grade Risk
Aaa AAA Investment, Highest Quality Lowest Risk
Aa (1-3) AA Investment, Very High Quality Low Risk
A (1-3) A Investment, High Quality Low Risk
Baa BBB Minimum Investment Grade Medium
Risk
Ba BB Junk, Speculative High Risk
B B Junk, Very Speculative Higher Risk
Caa CCC Junk, Default Possible Higher Risk
Ca CC Junk, Default Probable Extreme
Risk
C D Junk, In actual or imminent
default
Highest
Risk
BROKER: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets.

COLLATERAL: Securities, evident of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
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14 CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Certificate of Deposit may be issued in either negotiable or nonnegotiable form. Nonnegotiable certificates cannot be resold in the secondary market and may face penalties for early redemption whereas a negotiable CD may be resold.

COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date.

DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.

DEBENTURE: A bond secured only by the general credit of the issuer.

DISCOUNT: The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.

DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U.S. Treasury bills.

DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent return.

DURATION: A measure of the sensitivity of the asset's price to interest rate movements.

It broadly corresponds to the length of time before the asset is due to be repaid.

Example: the duration of a US Treasury Bill which matures in one year is 1.0. If interest rates immediately move 1% after purchase, the value of the investment would also change by 1%.

FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters.

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit.

FEDERAL FARM CREDIT BUREAU: The Bureau issues a variety of Federal Farm Credit Banks Consolidated System wide Debt Securities (Farm Credit Debt Securities) on behalf of the Farm Credit System Banks with a broad range of maturities and structures.

FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.

FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. 121
15 FEDERAL HOME LOAN MORTGAGE CORPORATION: The FHLMC, or “Freddie Mac”, is a Government-chartered corporation which buys qualified mortgage loans from the financial institutions that originate them, securitizes the loans, and distributes the securities through the dealer community. The securities are not backed by the U.S.

Government, however it does operate under a conservatorship that began on September 6, 2008, and conducts its business under the direction of the Federal Housing Finance Agency (FHFA).

FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C., 12 Regional Banks and about 5,700 commercial banks that are members of the system.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae):

Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by PHA, VA or FMHM mortgages. The term pass-throughs is often used to describe Ginnie Maes.

LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

LOCAL AGENCY INVESTMENT FUND (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.

MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.

MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.

MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded.

PORTFOLIO: Collection of securities held by an investor.

PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the state - the so-called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.

PRIMARY DEALER: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers, banks, and a few regulated firms.
122
16 RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.

REPURCHASE AGREEMENT (Repo): A form of short-term borrowing for dealers in government securities. Technically, it represents the simultaneous sell and repurchase of a security. The dealer sells the combination of securities needed to overcollateralize the investor’s principal investment usually on an overnight basis, and buys them back the following day. For the party selling the security (and agreeing to repurchase it in the future) it is a repo; for the party on the other end of the transaction (buying the security and agreeing to sell in the future), it is a reverse repurchase agreement.

QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.

SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection.

SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution.

SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation.

TREASURY BILLS: A non-interest bearing discount security issued by the U.S.

Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than ten years.

TREASURY NOTES: Intermediate term coupon bearing U.S. Treasury securities having initial maturities of from one to ten years.

WEIGHTED AVERAGE MATURITY (WAM) – a measure of the portfolio’s investments with respect to timing of cash flows. Example: If a portfolio had only two securities of equal size, one maturing in 2 years and another in 3 years, the portfolio’s WAM would be 2.5 years. If the 2 year investment was $1 mm and the 3 year investment was $10 mm, the WAM would be 2.9 years.

YIELD: An investment’s annualized return. The simplest version of yield is calculated using the following formula: [yield = coupon amount/price.] When a bond is purchased at par (100% of face value), yield is equal to the interest rate. When the price changes, so does the yield.

BOOK YIELD – The yield to maturity at which the investment was purchased. 123
17 MARKET YIELD – the yield to maturity of the bond at current market price PORTFOLIO’S NET YIELD – The total interest received divided by amount invested, plus any gains and minus any losses taken, annualized.

YIELD TO MATURITY – The internal rate of return earned by an investor who buys the bond today at the market price, assuming that the bond will be held until maturity, and that all coupon and principal payments will be made on schedule. Yield to maturity is actually an estimation of future return, as the rate at which coupon payments can be reinvested when received is unknown.
124
City of Foster City, California and
Estero Municipal Improvement District

INVESTMENT POLICY
November 21, 2022
125

CITY OF FOSTER CITY AND

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

INVESTMENT POLICY
November 21June 20, 2022
Richa Awasthi, Mayor
Jon Froomin, Vice Mayor
Sanjay Gehani, Council Member
Sam Hindi, Council Member
Patrick Sullivan, Council Member
Stefan ChatwinEdmund Suen, Interim City Manager
PREPARED BY:

Financial Services Department
126

CITY OF FOSTER CITY AND

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

INVESTMENT POLICY

TABLE OF CONTENTS
POLICY.............................................................................................................................4 SCOPE .............................................................................................................................4 PRUDENCE......................................................................................................................4 OBJECTIVES ...................................................................................................................5 A. Safety..................................................................................................................... 5 B. Liquidity.................................................................................................................. 5 C. Yield....................................................................................................................... 5 DELEGATION OF AUTHORITY.......................................................................................6 ETHICS AND CONFLICTS OF INTEREST......................................................................6 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS ..........................................6 AUTHORIZED AND SUITABLE INVESTMENTS.............................................................7 DOWNGRADED BONDS ...............................................................................................10 COLLATERALIZATION ..................................................................................................10 SAFEKEEPING AND CUSTODY ...................................................................................11 DIVERSIFICATION.........................................................................................................11 MAXIMUM MATURITIES................................................................................................11 INTERNAL CONTROL ...................................................................................................11 PERFORMANCE STANDARDS.....................................................................................11 REPORTING ..................................................................................................................11 INVESTMENT POLICY ADOPTION...............................................................................12 GLOSSARY....................................................................................................................13 127
4 CITY OF FOSTER CITY AND

ESTERO MUNICIPAL IMPROVEMENT DISTRICT

INVESTMENT POLICY
NOVEMBERJUNE 210, 2022
POLICY
It is the policy of the City of Foster City /Estero Municipal Improvement District (hereinafter collectively referred to as “City” or "City of Foster City") to invest public funds in a manner which will provide the optimal return available consistent with the City’s liquidity needs and the primary objective of protecting the safety of principal conforming to all laws of the State of California regarding the investment of public funds.

SCOPE
The City Treasurer or his designee is authorized to invest the City's funds in accordance with the California Government Code Sections 53601.1, 53602, 53635, and 53646.

This investment policy applies to all financial assets of the City. These funds are accounted for in the Comprehensive Annual Comprehensive Financial Report which includes the following fund types:
General Fund
Special Revenue
Capital Projects
Enterprise
Internal Service
Trust and Agency
Any new fund created by the legislative body, unless specifically exempted.

All monies entrusted to the City Treasurer will be pooled in an actively managed portfolio except for employee retirement funds, which are administered separately.

PRUDENCE
The actions of the City Treasurer in the performance of his/her duties as manager of public funds shall be evaluated using the following prudent person standard applied in the context of managing the overall portfolio:

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

Investment officers acting in accordance with written procedures and the investment 128
5 policy exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported to the City Council / District Board in a timely fashion and appropriate action is taken to control adverse developments.

OBJECTIVES
There are three (3) primary objectives of the City’s Investment activities. In order of priority, they are: a) Safety, b) Liquidity, and c) Yield. In every case, all investment securities that are chosen to achieve these objectives will be in conformance with California state law and all applicable local ordinances or policies.

A. Safety
Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The City shall seek to safeguard principal by a careful examination of credit risk and market risk of individual investments.

1. Credit Risk - is defined as the risk of loss due to failure of an issuer of a security, shall be mitigated by investing in only very safe institutions and by diversifying the fund so that the failure of any one issuer would not unduly harm the City's cash flow.

2. Market Risk - is defined as the risk of market value fluctuations of the investment portfolio’s securities due to overall changes in the general level of interest rates, shall be mitigated by managing duration risk of the City/District fund to no less than one year and no greater than three years.

B. Liquidity
The City investment portfolio will remain sufficiently liquid to enable the City to meet all operating expenditure requirements which might be reasonably anticipated. In order to maintain liquidity, the City shall maintain cash and investments with a maturity of not greater than one (1) year that is equal or greater than the sum of the minimum operating and capital reserve requirements established by City Council / District Board policy for the General Fund, Capital Improvement Funds, Enterprise Funds, Internal Service Funds, and any other funds for which the Council/Board may establish minimum reserve requirements. Notwithstanding the above considerations, a minimum of 5% of the portfolio will have investments maturing within one day or in pooled or money market funds.

C. Yield
The City investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account investment risk constraints and the cash flow characteristics of the portfolio. Whenever possible, consistent with risk limitations and prudent investment principles, the City shall make an effort to achieve returns not less than the market average rate of return. The market-average rate of return is defined as the average return on One-Year U.S. 129
6 Treasury Notes, measured by an index comprised of the 12 current U.S. Treasury One- Year Notes.

DELEGATION OF AUTHORITY
Pursuant to Section 2.16.030 of the City Municipal Code, the City Treasurer has been authorized to undertake investment transactions on behalf of the City. The only officials authorized to undertake investment transactions on behalf of the City are the City Treasurer and Assistant Finance Director. The actual disbursement of funds for the placement of individual investments undertaken by these two officials shall be subjected to a second party approval by officers authorized to sign City checks and wire transfers:

Finance Director and Assistant Finance Director. On a quarterly basis, the City Treasurer and the Human Resources Director shall meet to discuss the status of current investments, strategies for future investments, and other investment matters deemed necessary and shall report to the City Council as necessary.

The City Treasurer is responsible for ensuring compliance with the City's investment policies as well as for establishing systems of internal control to regulate the activities of subordinate officials.

ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officials shall disclose to the City Clerk any material financial interests in financial institutions that conduct business within this jurisdiction, and they shall further disclose any large personal financial investment positions that could be related to the performance of the City investment portfolio.

AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The City Treasurer or his/her designee will maintain a list of financial institutions authorized to provide investment services and shall conduct an annual review of the financial condition and credit worthiness of all institutions that the City is currently using for the placement of investments. All financial institutions including broker/dealers which desire to become qualified bidders for the City's investment transactions must provide the Financial Services Department with the following:
Certification of qualification under the Security and Exchange Commission’s (SEC) Rule 15c3-1 (Net Capital Requirement for Brokers and Dealers) Certification of registration with all appropriate federal and state regulatory bodies, which may include but are not limited to: SEC, Municipal Securities Rulemaking Board, Financial Industry Regulatory Authority, California Department of Corporations
Audited financial statement for the last three years and subsequent quarterly financial statements.
Certification of having read the City investment policy and depository contracts. 130
7 The City may require, at its discretion, periodic recertification of the matters set forth above.

The City Treasurer or his/her designee will investigate all financial institutions including brokers/dealers to determine if they are adequately capitalized, broker or deal in market securities appropriate to the City's needs, and agree to abide by the conditions set forth in the investment policy of the City. This will be done by having the financial institutions, brokers or dealers complete and return the appropriate questionnaire to the City Treasurer or his/her designee.

AUTHORIZED AND SUITABLE INVESTMENTS
The State of California Government Code (specifically, sections 16429.1, 53601 and 53649) limits the investment vehicles available to local agencies.

The following table summarizes the authorized investments, their maximum maturity, maximum percentage of portfolio, and maximum investment in any one issuer:

Authorized Investment Type1
Maximum
Maturity
Maximum % of
Portfolio
Maximum Investment in
One Issuer (as % of
Portfolio)
State Treasurer’s Local Agency
Investment Fund
N/A 100% 100%
San Mateo County Pool
Investment Program
N/A 10% 10%
Government Agency Issues
Local Municipal Bonds 5 years 5% 5%
State Bonds 5 years 5% 5%
U.S. Treasury Obligations 5 years 100% 100%
U.S. Agency Securities 5 years 100% 50%
Bankers Acceptances 180 days 25% 5%
Commercial Paper (“A1” rating
or better)
90 days 20% 5%
Negotiable Certificates of
Deposit
5 years 30% 5%
Repurchase Agreements 1 year 50% 50%
Medium-Term Notes (“A1” rating
or better)
5 years 5% 5%
Shares of Beneficial Interest
(Mutual Funds)
N/A 10% 10%
Shares of Beneficial Interest
issued by a joint powers
authority
N/A 50% 50%
1 Investment Grade Ratings are based on Moody’s Long-Term Obligation Ratings. Alternative equivalent ratings by Standard & Poor’s are also acceptable.
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8 Authorized Investment Type1
Maximum
Maturity
Maximum % of
Portfolio
Maximum Investment in
One Issuer (as % of
Portfolio)
Certificates of Deposit (non-
negotiable)
1 year 10% Maximum insurable
deposit with FDIC2
Detailed descriptions of each type of investments listed above are as follows:
State Treasurer's Local Agency Investment Fund (LAIF) - Government Code Section 16429.1 authorizes each local government agency to invest funds at a maximum amount allowable in this investment program administered by the California State Treasurer. The maximum amount of funds that can be invested with LAIF as dictated by LAIF regulations.
San Mateo County Pool Investment Program - Money invested with the San Mateo County Pool Investment Program. Investment in the County Pool is limited to 10% of the portfolio.
Government Agency Issues – Securities from various government agencies, such as those identified in Government Code Section 53601 (a) through (e), includes the following:
Local Municipal Bonds or other indebtedness – maximum maturity is 5 years from date of purchase, no limit in the amount of the portfolio, and no more than 5% of the total portfolio invested in any one issuer. Preference will be given to California municipal agencies.
State Bonds or other indebtedness – maximum maturity of 5 years from date of purchase, a 5% limit on total investments in the portfolio, and no more than 5% of the total portfolio invested in any one issuer.
U.S. Treasury Obligations, including notes or other indebtedness secured by the full faith and credit of the Federal Government – maximum maturity of 5 years from date of purchase, and no limit on amount invested as a % of total portfolio.
U.S. Agency Securities, including but not limited to issues by federal agencies such as the Federal Farm Credit Bureau, Government National Mortgage Association, Federal National Mortgage Association, and Federal Home Loan Mortgage Corporation – maximum maturity of 5 years from date of purchase, no limit on amount investment as a % of total portfolio, and no more than 50% of the total portfolio invested in any one issuer.
Bankers Acceptances - As authorized by Government Code Section 53601 (f), 25% of the City's portfolio may be invested in Bankers Acceptances that are eligible for purchase by the Federal Reserve System. Purchases of Bankers Acceptances may not exceed a 180 day maturity. No more than 5% of the market value of the portfolio 2 Current maximum insured amount per institution is $250,000. 132
9 shall be placed with any one institution.
Commercial Paper - As authorized by Government Code Section 53601 (g), 20% of the City's portfolio may be invested in commercial paper having a 'A1' rating for the issuers debt, rated by Moody's or Standard and Poors, with maturities not to exceed 90 days. No more than 5% of the portfolio shall be placed with any one institution.
Negotiable Certificate of Deposit - As authorized in Government Code Section 53601 (h), the City may invest 30% of its portfolio in negotiable certificates of deposit issued by commercial banks and savings and loan associations with a maturity at issuance of no greater than 5 years. No more than 5% of the market value of the portfolio shall be placed with any one institution. Repurchase Agreements - As authorized in Government Code Section 53601(l), this investment is an agreement between the local agency and seller for the purchase of securities on or before a specified date for a specified amount. The City may invest in Repurchase Agreements with banks and dealers with which the City has entered into a master repurchase contract which specifies terms and conditions of Repurchase Agreements and are fully collateralized by delivery to an independent third party custodian. In order to conform with the provisions of the Federal Bankruptcy Code which provides for the liquidation of securities held as collateral for repurchase agreement, the only securities acceptable as collateral shall be eligible negotiable certificates of deposit, eligible banker's acceptances, or securities that are direct obligations of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States. There is no legal limitation on the amount of the repurchase agreement. However, the maturity period cannot exceed one year.
Medium-Term Notes - As authorized in Government Code Section 53601(o), medium-term notes are considered notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated in a rating category of "A1” or better by Standard & Poor or by Moody's rating services. Securities must have a maturity of no greater than five years from the date of purchase. No more than 5% percent of the portfolio may be invested in medium-term notes.
Shares of Beneficial Interest (mutual funds) - As authorized by Government Section Code 53601(k), issues by diversified management companies, otherwise known as mutual funds, and as defined in Section 23701(m) of the Revenue and Taxation Code, are allowable investments. Mutual funds must consist of securities and obligations of the U.S. Government authorized by Section 53601 of the California Government Code. To be eligible for investment, said companies shall either:

1. Attain the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services, or 133
10 2. Have an investment adviser registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations as authorized above, and with assets under management in excess of $500,000,000. The price of shares of beneficial interest (mutual funds) shall not include any commission that these companies may charge at the time of purchase or redemption. No more than 10% of the portfolio may be invested in mutual funds.
Shares of Beneficial Interest (joint powers authority) – Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive.

Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority.  To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
Certificates of Deposit (non-negotiable) - As authorized in Government Code Section 53601, Certificates of Deposit are fixed term deposits with a financial institution with stipulated interest rates. The City shall deposit funds only with financial institutions which operate in California. Such investments are required to be collateralized by financial institutions from 105% to 150% depending on the specific security pledged as collateral. These institutions must be insured by the Federal Deposit Insurance Corporation (FDIC) or other federal government insurance banking systems.

Although financial institutions are required to collateralize such deposits, to guarantee preservation of capital, the City shall limit its investment in certificates of deposit to the maximum insurable deposit guaranteed by the FDIC or other federal insurance guarantor. The Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law on July 21, 2010, establishing the FDIC-insured amount in effect per depositor of $250,000. The maximum maturity at issuance may not exceed 1 year.

DOWNGRADED BONDS
In the event that the rating of any investment is downgraded to ‘A2’, the City Treasurer will immediately notify the City Manager. If it is downgraded to ‘A3’ rating, the City Manager will provide notice to the City Council of the downgrade and that the bond will be sold if it falls to “Baa” rating or below, regardless of the loss, unless otherwise directed by City Council resolution at the next available City Council meeting. 134
11 COLLATERALIZATION
Collateralization will be required on two types of investments: Certificates of Deposit and Repurchase Agreements. Federal and State law governs the collateralization requirements for Certificates of Deposit, which under the terms of this policy shall not be less than 102% of the value of the deposit. With regards to Repurchase Agreements, the collateralization level will be in conformance with the California Government Code, and in no event less than 102% of market value of principal and accrued interest.

Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. Clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained by the issuing institution at all times.

SAFEKEEPING AND CUSTODY
All security transactions, including collateral for repurchase agreements, entered into by the City shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third party custodian designated by the City Treasurer and evidenced by safekeeping receipts.

DIVERSIFICATION
The City will diversify its investments by security type and institution in accordance with the table of Authorized and Suitable Investments. However, 100% of the portfolio may consist of U.S. Treasury, U.S. Agency securities and/or the LAIF investment pool.

MAXIMUM MATURITIES
To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. The City will not invest in securities maturing more than five (5) years from the date of purchase.

INTERNAL CONTROL
The City Treasurer shall establish an annual process of review internally, including assuring that an independent analysis by an external auditor be conducted annually to review and perform procedures testing on the City’s cash and investments.

PERFORMANCE STANDARDS
The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City's risk constraints and cash flow needs.

The City's investment strategy is to obtain a market average rate of return. The market average rate of return is defined as the average return on one-year U.S. Treasury Notes.
135
12 REPORTING
The City Treasurer shall submit investment reports monthly to the City Council which should include a list of the portfolio’s holdings by investment asset class, name of institution, purchase date, maturity date, call date, par value, amount of deposit or cost of security, amortized book value, current market value of securities, coupon and effective yield, . In addition, the report will indicate the portfolio’s duration, total weighted average maturity and yield. The report will be signed as mandated in compliance with California Government Code Sections 53607 and 53646.

INVESTMENT POLICY ADOPTION
The above investment policy is adopted by resolution of the City of Foster City/Estero Municipal Improvement District. The policy is reviewed on an annual basis by the City Treasurer and Human Resources Director and any modifications made thereto shall be approved by the City Council/District Board.
136
13 GLOSSARY
AGENCIES: Federal agency securities.

ASKED: The price at which securities are offered.

BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the insurer.

BID: The price offered for securities.

BOND RATINGS: bond ratings measure quality and safety based on the issuer's financial condition. These rating services evaluate the likelihood that a debt issuer will be able to meet scheduled interest and principal payments.

Moody's vs. Standard & Poors Bond Ratings
Bond Rating
Moody's
Standard
&
Poor's
Grade Risk
Aaa AAA Investment, Highest Quality Lowest Risk
Aa (1-3) AA Investment, Very High Quality Low Risk
A (1-3) A Investment, High Quality Low Risk
Baa BBB Minimum Investment Grade Medium
Risk
Ba BB Junk, Speculative High Risk
B B Junk, Very Speculative Higher Risk
Caa CCC Junk, Default Possible Higher Risk
Ca CC Junk, Default Probable Extreme
Risk
C D Junk, In actual or imminent
default
Highest
Risk
BROKER: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position. In the money market, brokers are active in markets in which banks buy and sell money and in interdealer markets.

COLLATERAL: Securities, evident of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
137
14 CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Certificate of Deposit may be issued in either negotiable or nonnegotiable form. Nonnegotiable certificates cannot be resold in the secondary market and may face penalties for early redemption whereas a negotiable CD may be resold.

COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date.

DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account.

DEBENTURE: A bond secured only by the general credit of the issuer.

DISCOUNT: The difference between the cost price of a security and its value at maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.

DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value, e.g., U.S. Treasury bills.

DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent return.

DURATION: A measure of the sensitivity of the asset's price to interest rate movements.

It broadly corresponds to the length of time before the asset is due to be repaid.

Example: the duration of a US Treasury Bill which matures in one year is 1.0. If interest rates immediately move 1% after purchase, the value of the investment would also change by 1%.

FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S&L's, small business firms, students, farmers, farm cooperatives, and exporters.

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit.

FEDERAL FARM CREDIT BUREAU: The Bureau issues a variety of Federal Farm Credit Banks Consolidated System wide Debt Securities (Farm Credit Debt Securities) on behalf of the Farm Credit System Banks with a broad range of maturities and structures.

FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.

FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. 138
15 FEDERAL HOME LOAN MORTGAGE CORPORATION: The FHLMC, or “Freddie Mac”, is a Government-chartered corporation which buys qualified mortgage loans from the financial institutions that originate them, securitizes the loans, and distributes the securities through the dealer community. The securities are not backed by the U.S.

Government, however it does operate under a conservatorship that began on September 6, 2008, and conducts its business under the direction of the Federal Housing Finance Agency (FHFA).

FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 Regional Banks and about 5,700 commercial banks that are members of the system.

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae):

Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by PHA, VA or FMHM mortgages. The term pass-throughs is often used to describe Ginnie Maes.

LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes.

LOCAL AGENCY INVESTMENT FUND (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.

MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.

MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.

MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded.

PORTFOLIO: Collection of securities held by an investor.

PRUDENT PERSON RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the state - the so-called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.

PRIMARY DEALER: A group of government securities dealers that submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers, banks, and a few regulated firms.
139
16 RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.

REPURCHASE AGREEMENT (Repo): A form of short-term borrowing for dealers in government securities. Technically, it represents the simultaneous sell and repurchase of a security. The dealer sells the combination of securities needed to overcollateralize the investor’s principal investment usually on an overnight basis, and buys them back the following day. For the party selling the security (and agreeing to repurchase it in the future) it is a repo; for the party on the other end of the transaction (buying the security and agreeing to sell in the future), it is a reverse repurchase agreement.

QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.

SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection.

SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution.

SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation.

TREASURY BILLS: A non-interest bearing discount security issued by the U.S.

Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than ten years.

TREASURY NOTES: Intermediate term coupon bearing U.S. Treasury securities having initial maturities of from one to ten years.

WEIGHTED AVERAGE MATURITY (WAM) – a measure of the portfolio’s investments with respect to timing of cash flows. Example: If a portfolio had only two securities of equal size, one maturing in 2 years and another in 3 years, the portfolio’s WAM would be 2.5 years. If the 2 year investment was $1 mm and the 3 year investment was $10 mm, the WAM would be 2.9 years.

YIELD: An investment’s annualized return. The simplest version of yield is calculated using the following formula: [yield = coupon amount/price.] When a bond is purchased at par (100% of face value), yield is equal to the interest rate. When the price changes, so does the yield.

BOOK YIELD – The yield to maturity at which the investment was purchased. 140
17 MARKET YIELD – the yield to maturity of the bond at current market price PORTFOLIO’S NET YIELD – The total interest received divided by amount invested, plus any gains and minus any losses taken, annualized.

YIELD TO MATURITY – The internal rate of return earned by an investor who buys the bond today at the market price, assuming that the bond will be held until maturity, and that all coupon and principal payments will be made on schedule. Yield to maturity is actually an estimation of future return, as the rate at which coupon payments can be reinvested when received is unknown.
141

DATE: November 21, 2022

TO: Mayor and Members of the City Council

VIA: Stefan Chatwin, City Manager

FROM: Edmund Suen, Finance Director

SUBJECT: 1ST QUARTER FISCAL YEAR 2022-23 FINANCIAL UPDATE

RECOMMENDATION

It is recommended that the City Council, by Minute Order, receive and accept the report on the First Quarter Fiscal Year 2022-23 Financial Update.

EXECUTIVE SUMMARY
Attached is the First Quarter FY 2022-23 Financial Update report. It is important to note that the City’s revenues are non-linear as they are not received evenly over the course of the fiscal year. As an example, the County pays most its property tax to the City in December and April of each fiscal year. Since property taxes account for over 60% of the City’s General Fund revenues, total General Fund revenues in the first quarter are normally low, as is the case with the current quarter.

The City’s adopted FY 2022-23 General Fund budget (Funds 001-003) included a $444,000 operating shortfall, excluding a $3.5 million transfer to the City’s Capital Improvement Projects Fund. The $3.94 million total deficit is remedied using the 2nd tranche of American Rescue Plan Act (ARPA) relief monies of $4.05 million (for the recovery of revenue losses from the COVID- 19 pandemic).

General Fund revenues (Funds 001 to 003) for the First Quarter were $8.74 142
million compared to $6.43 million for the same quarter of last year as the City received $2.01 million from the State for the backfill of the shortfall in FY 2020-21 Property Tax in lieu of VLF. Transient Occupancy Tax (TOT) receipts (July and August) improved from $277,000 to $489,000. Recreation Center program revenue for the 1st quarter was $610,000, a $387,000 improvement from last year. Each of these two revenue segments were among the hardest hit by the impacts of the COVID-19 pandemic. General Fund expenditures were $20.1 million or $4.2 million higher than the prior year’s mark of $15.9 million as the City made both the 1st and 2nd quarterly funding payments of $2.18 million each to SMC Fire Department for the current fiscal year, but just a single payment in the 1st quarter of the prior fiscal year. Wage COLA for FY 2022-23 increased by 5% based on provisions of the City’s labor agreements. As was presented at the November 7, 2022 City Council meeting, the City closed out FY 2021-22 with a $44 million General Fund reserve, which represents 82% of budgeted FY 2022-23 operating expenditures.

BACKGROUND & ANALYSIS

The City Council and City staff have committed to provide quarterly financial updates at City Council meetings to review quarterly financial performance and identify general economic trends and specific issues that may affect, positively and negatively, the City’s financial situation.

The report is intended to provide high level financial information for the City Council, City Departments, and the community as a whole. Supplemental revenue and expenditure analyses are also provided for those readers desiring more detailed financial information.

FISCAL IMPACT

There is no fiscal impact associated with the acceptance of this report.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

This item is in alignment with City Council's Vision Statement for a Sustainable Foster City under the economic sustainability framework. This is a carry-over project from last year and is not directly aligned with our Value/Priority Areas. It indirectly aligns to delivering a balanced budget and promotes transparency.

143

Attachments:
 Attachment 1 - Financial Update FY 2022-23 Q1
 Attachment 2 - Changes in Fund Balances (for the three months ended September 30, 2022)
 Attachment 3 - Comparison of Actual vs. Budget and Prior Year’s Revenues Q1
 Attachment 4 - Comparison of Actual vs. Budget and Prior Year’s Expenditures Q1
144
Live, Work & Play
in Foster City
City of Foster City
Financial Services Dept.

The City Received $4.05 million as the Final Tranche of American Rescue Plan Act (ARPA) Relief Funds in July. These monies help alleviate an otherwise projected General Fund Deficit of $3.94 million The FY 22/23 adopted General Fund budget (Funds
001 to 003) included a projected structural deficit
of $3.94 million, inclusive of a $3.5 million transfer
out to the City’s Capital Improvement Projects
Fund. The deficit was alle viated by the July receipt
of the final tranche of American Rescue Plan Act
(ARPA) relief monies for $4.05 million (for the re-
covery of loss revenues from the COVID-19 pan-
demic).

Total General Fund Revenues (Funds 001 to 003)
in the 1st quarter were $8.74 million compared to
$6.43 million in FY 21/22. This is due primarily to
the $2.01 million backfill of FY 20/21 Property Tax
in-lieu of VLF we received from the State in August
2022.

It is important to note that the City’s revenues are
non-linear and are not receiv ed evenly by the City
over the course of the fiscal year. As an example,
most property tax revenues are paid by the Coun-
ty to the City in December and April. Since prop-
erty taxes account for over 60% of total General
Fund revenues, total first quarter revenues are
normally low, as is the case for the current fiscal
year. There were positive comparisons in both
Transient Occupancy Ta x (TOT) and Recreation
revenues for the quarter. TOT and Recreation
receipts totaled $489,000 and $610,000 respective-
ly compared to of $277,000 and 387,000 from a
year ago. As the Federal Reserve continues to
raise the discount rate, staff is projecting a signifi- cant improvement in its interest income earnings,
General Fund expenditures (Funds 001 to 003) to-
taled $20.1 million or 37.3% of the annual budget
as the City made a $7.51 million prepayment of its
current year’s unfunded liability obligation to
CalPERS. The lump sum option represents a
$258,000 citywide savings compared to making
monthly payments. As part of its agreement with
San Mateo Consolidated Fire, the City contributed
both it’s first and second quarter funding obliga-
tions for its 20% portion of share costs for fire
protection and prevention services to the City.

Based on its labor agreements with the Police Offic-
ers Association and AFSCME as well as it’s Manage-
ment Group Compensation and Benefit Plan execut-
ed last year, the CPI adjust ed wages for city staff in- creased by 5% in FY 22/23. Labor agreements are
due to expire on 6/30/23, with focus also on the
completion of the citywide classification and compen-
sation studies.

As reported at the November 7 City Council meet-
ing, the City closed out FY 2021-22 with a $44 mil-
lion General Fund Reserve, after making a $19 million
transfer to the City’s CI P Fund for the Recreation
replacement project earlier that year. The $44 mil-
lion represents a reserve level of 82% of budgeted FY
22/23 operating expenditures.

In August 2022, the City co mpleted the $7 million
purchase of 22 workforce housing units using re-
serves from the Capital Asset Acquisition and Re-
placement Fund..

Water Enterprise operating revenues are essentially
unchanged from last year due to conservation efforts
of the community. Wastewater Enterprise Fund op-
erating revenues totaled $2.79 million or 440,000
higher than the same period in the prior year as base
rates were increased by 14.25% effective July 1, 2022
primarily to fund debt serv ice costs associated with
the District’s financing of its $153 million share of the Wastewater Treatment Plant Master Improvements
(WWTP) project with the City of San Mateo. Oper-
ating expenditures were $1.24 million or $160,000
higher than the same period last year.

The organization continues to experience its share of
staff departures, including the recent separation of
the Deputy City Manager and Human Resources Di-
rector. With conditions in the labor market still ex- tremely tight, employee retention and recruitment
remains a high priority. The projected multi-year
structural deficit, impacts from the negative 6.1%
CalPERS returns last year, high inflation, and a poten- tial recession next year are some of the challenges as
City staff initiates the preparing of the FY 23/24
budget and 5-year financial plan .

Foster City Financial
Update FY 22/23 Q1
145
Attachment 2

CAPITAL ASSETS/ AVAILABLE

TOTAL ACTUAL ACTUAL TOTAL NON-SPENDABLE/ (UNRESTRICTED) FUND FY 2022-23 FY 2022-23 FUND RESTRICTED/ FUND

BALANCE REVENUES EXPENDITURES TRANSFERS TRANSFERS BALANCE COMMITTED/ BALANCE AS OF 7/1/2022 3 MONTHS 3 MONTHS IN OUT AS OF 9/30/22 ASSIGNED* AS OF 9/30/22* 001 GENERAL FUND 42,328,904 $ 7,657,296 $ (19,499,756)$ (3,500,000) $ 26,986,444 $ (175,387) $ 26,811,057$ 002 EMID 1,913,113$ 325,521 $ - $ 2,238,634 $ - $ 2,238,634$ 003 RECREATION -$ 763,101$ (594,216) $ 168,885 $ 168,885 $ GENERAL FUND (001-003) 44,242,017$ 8,745,918 $ (20,093,972)$ - $ (3,500,000)$ 29,393,963 $ (175,387) $ 29,218,576$ 005 GENERAL FUND - COMMUNITY BENEFITS PROGRAM 1,260,074 $ 4,565 $ (29,091)$ - $ - $ 1,235,548$ - $ 1,235,548$ 006 GENERAL FUND - DARE 3,098 $ 11 $ - $ - $ - $ 3,109$ - $ 3,109$ 007 GENERAL FUND - SOLAR INCENTIVE GRANT PROGRAM 75,817 $ 269 $ (5,000)$ - $ - $ 71,086$ - $ 71,086$ 008 GENERAL FUND - RENTAL ASSISTANCE PROGRAM 60,063 $ 220 $ - $ - $ - $ 60,283$ - $ 60,283$ 009 GENERAL FUND - ASSET SEIZURE/FORFEITURE 22,759 $ 83 $ - $ - $ - $ 22,842$ - $ 22,842$ 010 GENERAL FUND - PENSION STABILIZATION 91,769 $ 336 $ - $ - $ - $ 92,105$ - $ 92,105$ 011 GENERAL FUND - FACILITIES REPLACEMENT 2,403,004 $ 8,811 $ - $ - $ - $ 2,411,815$ - $ 2,411,815$ 012 GENERAL FUND - SUSTAINABLE FOSTER CITY 165,474 $ 777 $ (3,500)$ 50,000 $ - $ 212,751$ - $ 212,751$ TOTAL ALL GENERAL FUND (FUNDS 001-009) 48,324,075 $ 8,760,990 $ (20,131,563)$ 50,000 $ (3,500,000)$ 33,503,502 $ (175,387) $ 33,328,115$

SPECIAL REVENUE FUNDS
101 TRAFFIC SAFETY 11,303 $ 3,692 $ (15,000)$ - $ - $ (5) $ - $ (5) $ 102 MEASURE "A" 4,038,372 $ 187,700 $ - $ - $ - $ 4,226,072$ (3,170,267) $ 1,055,805 $ 103 GAS TAX 756,674 $ 164,318 $ (398,952) $ - $ - $ 522,040$ (584,200) $ (62,160) $ 104 PARK-IN-LIEU FEES 2,818,645 $ 10,335 $ - $ - $ - $ 2,828,980$ (745,435) $ 2,083,545 $ 105 MEASURE "M" -$ - $ - $ - $ - $ - $ - $ - $ 108 SLESF/COPS GRANT - $ - $ - $ - $ - $ - $ - $ - $ 114 CALOPPS 353,299 $ 349,686 $ (108,068) $ - $ - $ 594,917$ - $ 594,917$ 116 FOSTER CITY FOUNDATION 418,501 $ 8,000 $ (1,690) $ - $ - $ 424,811$ (250) $ 424,561$ 119 SB 1 ROAD MAINTENANCE AND REHAB 1,375,033 $ 66,356 $ (359,120)$ - $ - $ 1,082,269$ (989,728) $ 92,541 $ 122 HOUSING SUCCESSOR-LMIHF 2,245,719$ 25,417 $ (17,521) $ - $ - $ 2,253,615$ - $ 2,253,615$ 124 FC AFFORDABLE HOUSING FUND 531,318$ 1,893 $ (33,898)$ - $ - $ 499,313$ - $ 499,313$ 125 SUSTAINABLE FOSTER CITY FUND (MOVED TO FUND 012) -$ - $ - $ - $ - $ - $ - $ - $ 127 BAERS (PROGRAM WAS CLOSED OUT IN FY 2020-21) -$ - $ - $ - $ - $ - $ - $ - $ 128 GENERAL PLAN MAINTENANCE 1,819,646$ 145,804 $ (26,817) $ - $ - $ 1,938,633$ - $ 1,938,633$ 129 CONSTRUCTION AND DEMO RECYCLING 690,009$ 4,986 $ (16,270)$ - $ (50,000)$ 628,725 $ - $ 628,725$ 130 TECHNOLOGY MAINTENANCE 214,835$ 17,275 $ (10,404) $ - $ - $ 221,706$ - $ 221,706$ 131 SB 1186 32,104$ 119 $ - $ - $ - $ 32,223$ - $ 32,223$ 132 SMIP FEE 5,162$ 19 $ - $ - $ - $ 5,181$ - $ 5,181$ 133 CRV GRANT FUND 8,970$ 33 $ - $ - $ - $ 9,003$ - $ 9,003$ 134 CURBSIDE RECLYCLING 217,835$ 799 $ - $ - $ - $ 218,634$ - $ 218,634$ 135 GREEN BUILDING FEE 6,139$ 30 $ - $ - $ - $ 6,169$ - $ 6,169$ 136 MEASURE W 1,050,460$ 34,375 $ - $ - $ - $ 1,084,835$ (973,500) $ 111,335 $ 137 COMMERCIAL LINKAGE FEE 571,505 $ 2,096 $ - $ - $ - $ 573,601$ - $ 573,601$ 138 TENANT RELOCATION ASSISTANCE 227,344 $ 834 $ - $ - $ - $ 228,178$ - $ 228,178$ 139 WORKFORCE HOUSING 31,132 $ 16,293 $ (9,977) $ - $ - $ 37,448$ - $ 37,448$ 140 EQUIPMENT REPLACEMENT-WORKFORCE HOUSING - $ 5,513$ - $ - $ - $ 5,513$ - $ 5,513$ 141 SB 1383 IMPLEMENTATION 47,347 $ 174 $ - $ - $ - $ 47,521$ - $ 47,521$ TOTAL SPECIAL REVENUE FUNDS 17,471,352 $ 1,045,747 $ (997,717) $ - $ (50,000)$ 17,469,382$ (6,463,380) $ 11,006,002 $

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT

CHANGE IN FUND BALANCES
FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2022