Agenda packet — Foster City City Council, January 17, 2023 (part 1 of 6)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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 COVID19 ON MARCH 4, 2020. THIS TELECONFERENCED MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT ESSENTIAL BUSINESS AND IS PERMITTED UNDER GOVERNMENT CODE 54953 IN ORDER TO PROTECT PUBLIC HEALTH AND SAFETY OF ATTENDEES. MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING https://fostercityorg.zoom.us/j/85860805804 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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

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

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

Members of the public wishing to speak will be asked to fill out a Request to Speak Form. Forms will be accepted until 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://fostercityorg.zoom.us/j/85860805804 To dialin via phone:
16699006833 or
14086380968
And enter Webinar ID: 858 6080 5804
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 dialin attendees. Please clearly state your full name for the record at the start of your public comment.

Before the Meeting: Written public comments for the record may be submitted in advance by 4:00 p.m. the day of the meeting by email to: [email protected] and will be made part of the written record but will not be read verbally at the meeting. Written public comments submitted by email should adhere to the following:

Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda 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
Tuesday, January 17, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation in Recognition of the Foster City Library

4.2. Presentation from the Palestinian American Coalition of San Francisco Donating a Check in the Amount of $1,000 to the Foster City Foundation

5. PUBLIC
Government Code Section 54954.2 E (3) precludes the City Council from discussing or acting upon any topic initially presented during the “Public” portion of the agenda.

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

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

6.1. An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 5.99 acre Parcel Known as Parkside Towers at 1001 and 1051 East Hillsdale Boulevard at the Northern Corner of Foster City Boulevard and East Hillsdale Boulevard in the C2/pd (General Business/planned Development Combining) District With an Amended General Development Plan to Allow Research and Development (R&D) Use and Finding the Project is Exempt From the California Environmental Quality Act (CEQA) – APN 094524220 RZ20210005 (First Reading December 5, 2022)
a) Adopt Ordinance

6.2. An Ordinance of the City of Foster City Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code to Implement Housing Sites Identified in the Sites Inventory in the Regional Housing Needs Allocation (RHNA), 5th Cycle; and Making Various Text Amendments to Title 17, “Zoning” of the Foster City Municipal Code, Including Amendments to Chapter 17.78, “Accessory Dwelling Units” and 17.04, “Definitions” and Chapter 17.82, “Emergency Shelters”, Among Others, to Implement the RHNA 6 Housing Element for the 20232031 Planning Period and Comply With Recent Changes in State Law and Finding Certain Amendments Subject to an Addendum to the 2015 Final Environmental Impact Report (FEIR) Prepared for the Foster City General Plan Update and Climate Action Plan (SCH #2012072003) or Exempt From the California Environmental Quality Act – RZ20220003 (First Reading January 9, 2023) a) Adopt Ordinance

6.3. An Ordinance of the City of Foster City Rescinding Chapter 17.56 Floor Area Standards of Title 17, “Zoning” of the Foster City Municipal Code to Implement Housing Policy HD9 and Program HD9D Identified in the 20152023 Housing Element and Finding the Amendment Within the Scope of the Negative Declaration Adopted for the 20152023 Housing Element – RZ20220003 (First Reading January 9, 2023)
a) Adopt Ordinance

6.4. An Ordinance of the City of Foster City Adopting Amendments to the Foster City Zoning Map to Make Edits to Conform to Zoning Text Amendments and Implement the RHNA 6 Housing Element for the 20232031 Planning Period and Comply With Recent Changes in State Law and Finding the Amendments Within the Scope of the Addendum to the 2015 FEIR – RZ20220002 (First Reading January 9, 2023)
a) Adopt Ordinance

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract in an Amount Not to Exceed $48,660 with Wildlife Innovations Inc. For Development of an Integrated Canada Goose Population Management Plan, including Environmental Review, and Authorization of an Additional Budget Appropriation of $28,660 and Establishment of a Contingency in the Amount of $7,300 With Authorization Given to the City Manager to Execute Contract Amendments or Associated Purchase Orders Up to the Contingency Amount
a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Ratifying the Proclamation of Existence of a Local Emergency Related to December and January Winter Storm Events (Winter Storms)
a) Staff Report
b) Adopt Resolution

6.7. a) A Resolution of the City Council of the City of Foster City Authorizing an Amendment to the Agreement Between City of Foster City and Foster City Village, Inc. Extending the Term From January 1, 2023 Through December 31, 2023, With Additional Optional Extensions Through June 30, 2026 for the Use of Cityowned Office and Meeting/Classroom Space, IT Services and Equipment at the Community Center; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing an Amendment to the Agreement Between City of Foster City and Foster City Village, Inc. Extending the Term From January 1, 2023 Through December 31, 2023, With Additional Optional Extensions Through June 30, 2026 for the Use of Cityowned Office And Meeting/Classroom Space, IT Services and Equipment at the Community Center
c) Staff Report
d) Adopt Resolutions

6.8. a) A Resolution of the City Council of Foster City Approving the Issuance of a Request for Proposals for Professional Engineering Design Services Associated with Fuel Systems Improvement Project (CIP 301700); and b) A Resolution of the Board of Directors of Estero Municipal Improvement District Approving the Issuance of a Request for Proposals for Professional Engineering Design Services Associated with Fuel Systems Improvement Project (CIP 301700)
c) Staff Report
d) Adopt Resolutions

6.9. 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 Covid19 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

6.10. By Minute Order, Authorize the Mayor to Sign a Letter Urging State Legislators to Amend Assembly Bill (AB) 2449
a) Staff Report

7. PUBLIC HEARINGS

7.1. A Public Hearing To Hear and Consider Public Comments Regarding an Amendment to the Foster City Zoning Map to Modify the Previously Approved General Plan Development (GDP) Known as Vintage Park (GDP) to Approve the Reallocation of the Previously Approved 250,000 Square Feet of Office Space Within the South Campus of the Gilead Master Plan to Laboratory Space and Include the Previously Approved Temporary Gilead Park as a Permanent Use a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – A Resolution of the City Council of the City of Foster City Adopting Addendum No. 5 and Finding That the Gilead Sciences Integrated Corporate Campus Master Plan Subsequent Environmental Impact Report Adequately Analyzes Environmental Impacts Associated With the Amendment to the Vintage Park General Development Plan to Decrease the Allowable Office Square Footage by 250,000 Square Feet and Increase the Allowable Laboratory Space by 250,000 Square Feet and Include the Previously Approved Temporary Gilead Park Into a Permanent Use for the South Campus Portion of the Gilead Sciences Integrated Campus Master Plan – 300368 Lakeside Drive; 301 and 309 Velocity Way in Neighborhood VP – Gilead Sciences, Inc. – EA20220001
f) Action – An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 72acre Portion of the + 132acres Land Known as Vintage Park to Decrease the Allowable Office Square Footage by 250,000 Square Feet and Increase the Allowable Laboratory Space by 250,000 Square Feet for the South Campus Portion of the Gilead Sciences Integrated Campus Master Plan and to Include the Previously Approved Temporary Gilead Park Into a Permanent Use – 300068 Lakeside Drive; 301 and 309 Velocity Way in Neighborhood VP – Gilead Sciences, Inc – APNs: 094122050; 060; 070; 080; 110; 120; 130; 140; 150; 094901290; 300; 310; 340; 370; 380; 390; 400; 410; 094904040; 130; 094901250; 260; 270; 280; 350; 360; 094902060; 070; 090; 120; 130; 140; 094903040; 094 904290; 300; 310; 320; 330; 340; 094905040; 050; 060; 070; 080; 090; 123400010; 020; 030; 040; 050; 060; 070; 080; 090; 100; 110; 120; 130; 140; 150; 160; 170; 180; 190; and 200–RZ20220001 i) Introduce Ordinance by title only, by motion waive further reading ii) By motion pass ordinance to second reading

8. NEW BUSINESS

8.1. Consideration of Appointments of Five Citizens to New Full Terms from January 1, 2023 through December 31, 2025 on the Audit Committee and One Citizen to a New Full Term from January 1, 2023 through December 31, 2025 on the Traffic Review Committee, and Review of the Citizen Advisory Committee Appointment Process
Audit Committee Applicants: Michael Barry, Bob Buyers, Audie Chang, Falgoon Desai, Vijay Dodd, John Igoe, Josef Rashty, Sairam Vengala Traffic Review Committee Applicants: Fikret Caner Gocmen, Thaddeus Jimenez, Pablo Valle, Ashwin Vasant
a) Staff Report
b) Take Action By Minute Order

9. REPORTS

9.1. Levee Improvements Project (CIP 327657) Monthly General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

10. RESOLUTIONS FOR ADOPTION

10.1. Consideration of the Audited Fiscal Year 202122 Annual Comprehensive Financial Report (ACFR) and the Fiscal Year 202122 Warrant Registers in the Form of That ACFR
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Ratifying and Approving the Audited Fiscal Year 202122 Annual Comprehensive Financial Report (ACFR) and the Fiscal Year 202122 Warrant Registers in the Form of That ACFR; and
c) Action A Resolution of the Board of Directions of the Estero Municipal Improvement District Ratifying and Approving the Audited Fiscal Year 2021 22 Annual Comprehensive Financial Report (ACFR) and the Fiscal Year 202122 Warrant Registers in the Form of That ACFR

10.2. A Resolution of the City Council of the City of Foster City Appropriating $5,000 in Fiscal Year 20222023 From the General Fund Balance to Account Number 00110304134260 for Nonprofit Funding to the Foster City Sister City Association to Offset the Costs Incurred by the Foster City Sister City Association (FCSA) Associated With Maintaining the Relationship with Foster City’s Sister City, Inagi City, Japan a) Staff Report
b) Action – Adopt Resolution

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on November 30, 2022, December 5, 2022, December 15, 2022, December 28, 2022, and ACH were processed on December 5, 2022. a) Information Item Only
b) No Action Required

12. 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.

13. CLOSED SESSION

13.1. Public Employee Performance Evaluation (Government Code §54957) Title: City Manager

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 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/fctvlivestream:

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, January 17, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation in Recognition of the Foster City Library

4.2. Presentation from the Palestinian American Coalition of San Francisco Donating a Check in the Amount of $1,000 to the Foster City Foundation

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.

6.10. By Minute Order, Authorize the Mayor to Sign a Letter Urging State Legislators to Amend Assembly Bill (AB) 2449
a) Staff Report

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Levee Improvements Project (CIP 327657) Monthly General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

13. CLOSED SESSION

13.1. Public Employee Performance Evaluation (Government Code §54957) Title: City Manager

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, January 17, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation in Recognition of the Foster City Library

4.2. Presentation from the Palestinian American Coalition of San Francisco Donating a Check in the Amount of $1,000 to the Foster City Foundation

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.

6.10. By Minute Order, Authorize the Mayor to Sign a Letter Urging State Legislators to Amend Assembly Bill (AB) 2449
a) Staff Report

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Levee Improvements Project (CIP 327657) Monthly General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

13. CLOSED SESSION

13.1. Public Employee Performance Evaluation (Government Code §54957) Title: City Manager

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, January 17, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation in Recognition of the Foster City Library

4.2. Presentation from the Palestinian American Coalition of San Francisco Donating a Check in the Amount of $1,000 to the Foster City Foundation

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.

6.10. By Minute Order, Authorize the Mayor to Sign a Letter Urging State Legislators to Amend Assembly Bill (AB) 2449
a) Staff Report

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Levee Improvements Project (CIP 327657) Monthly General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

13. CLOSED SESSION

13.1. Public Employee Performance Evaluation (Government Code §54957) Title: City Manager

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, January 17, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation in Recognition of the Foster City Library

4.2. Presentation from the Palestinian American Coalition of San Francisco Donating a Check in the Amount of $1,000 to the Foster City Foundation

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.

6.10. By Minute Order, Authorize the Mayor to Sign a Letter Urging State Legislators to Amend Assembly Bill (AB) 2449
a) Staff Report

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Levee Improvements Project (CIP 327657) Monthly General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

13. CLOSED SESSION

13.1. Public Employee Performance Evaluation (Government Code §54957) Title: City Manager

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

5 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, January 17, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation in Recognition of the Foster City Library

4.2. Presentation from the Palestinian American Coalition of San Francisco Donating a Check in the Amount of $1,000 to the Foster City Foundation

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.

6.10. By Minute Order, Authorize the Mayor to Sign a Letter Urging State Legislators to Amend Assembly Bill (AB) 2449
a) Staff Report

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Levee Improvements Project (CIP 327657) Monthly General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

13. CLOSED SESSION

13.1. Public Employee Performance Evaluation (Government Code §54957) Title: City Manager

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

6 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, January 17, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation in Recognition of the Foster City Library

4.2. Presentation from the Palestinian American Coalition of San Francisco Donating a Check in the Amount of $1,000 to the Foster City Foundation

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.

6.10. By Minute Order, Authorize the Mayor to Sign a Letter Urging State Legislators to Amend Assembly Bill (AB) 2449
a) Staff Report

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Levee Improvements Project (CIP 327657) Monthly General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

13. CLOSED SESSION

13.1. Public Employee Performance Evaluation (Government Code §54957) Title: City Manager

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

7 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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.

To Attend the Meeting in Person:

Location: 620 Foster City Blvd, Foster City, California, 94404 To Provide Public Comment in Person:

To Observe the Meeting via Teleconference/Video Conference:

Written public comments will be posted to the City’s website for review prior to the meeting.

AGENDA
Tuesday, January 17, 2023 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 Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation in Recognition of the Foster City Library

4.2. Presentation from the Palestinian American Coalition of San Francisco Donating a Check in the Amount of $1,000 to the Foster City Foundation

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.

6.10. By Minute Order, Authorize the Mayor to Sign a Letter Urging State Legislators to Amend Assembly Bill (AB) 2449
a) Staff Report

7. PUBLIC HEARINGS

8. NEW BUSINESS

9. REPORTS

9.1. Levee Improvements Project (CIP 327657) Monthly General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

10. RESOLUTIONS FOR ADOPTION

11. COMMUNICATIONS

13. CLOSED SESSION

13.1. Public Employee Performance Evaluation (Government Code §54957) Title: City Manager

13.2. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 at least 48 hours in advance of the meeting.

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

STREAMED LIVE every 1st and 3rd Monday of the month
City Council meetings ondemand:
https://www.fostercity.org/agendasandminutes

8 4.1
Proclamation

9 ORDINANCE NO.

AN ORDINANCE OF THE CITY OF FOSTER CITY AMENDING THE FOSTER CITY

ZONING MAP TO MODIFY THE PREVIOUSLY APPROVED GENERAL
DEVELOPMENT PLAN FOR THE 5.99-ACRE PARCEL KNOWN AS PARKSIDE TOWERS AT 1001 AND 1051 EAST HILLSDALE BOULEVARD AT THE NORTHERN

CORNER OF FOSTER CITY BOULEVARD AND EAST HILLSDALE BOULEVARD IN THE C-2/PD (GENERAL BUSINESS/PLANNED DEVELOPMENT COMBINING)

DISTRICT WITH AN AMENDED GENERAL DEVELOPMENT PLAN TO ALLOW

RESEARCH AND DEVELOPMENT (R&D) USE AND FINDING THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) – APN 094-524-220 - RZ2021-0005

CITY OF FOSTER CITY
WHEREAS, on April 5, 1999, the City Council adopted an amendment to the General Plan to allow the floor area ratio to be changed from 0.54 Floor Area Ratio (FAR) to 1.5 FAR for the 5.99-acre site known as Parkside Towers in the Town Center Commercial Land Use Designation (GP-97-002, City Council Resolution No. 99-40); and
WHEREAS, on April 19, 1999, the City Council adopted a General Development Plan/Rezoning (RZ-97-008, City Council Ordinance No. 462) to change the existing zoning from C-2/PD (General Business/Planned Development) District to a C-2/PD (General Business/Planned Development) District to allow up to 391,316 square feet of office/retail space on 5.99 acres located at 1001, 1015, and 1035 East Hillsdale Boulevard (APNs 094-524-100, 110, 120, 130 and 140); and WHEREAS, the Specific Development Plan/Use Permit (UP-97-014) for the Parkside Towers Office/Retail include Condition of Approval 1.36 which outlines the permitted uses for the ground floor commercial tenant spaces; and WHEREAS, Parkside Towers L.P./Harvest Properties, as project applicant, on behalf of the property owner has initiated an amendment to allow for the conversion of up to 373, 646 square feet of existing office space to R&D (“Project”) at the Parkside Towers located at 1001 and 1051 East Hillsdale Boulevard with the potential reduction of up to 60 parking spaces pursuant to Foster City Municipal Code (“FCMC”) section

17.74.030(C); and
WHEREAS, a Notice of Public Hearing was duly posted for consideration of the Categorical Exemption and the Project at the Planning Commission meeting on November 3, 2022, and on said date the Public Hearing was opened, held and closed; and
WHEREAS, full public involvement in the preparation of this amendment to the

6.1 6.1 Ordinance

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5 Foster City Zoning Map has been ensured through duly noticed Planning Commission Study Sessions, public hearings, and other means, including the following:

1.Special Meeting with the City Council Land Use Subcommittee – January 15, 2021 – to review proposed use and to provide early feedback and general direction to the applicant on their application.

2.City Council Development Project Preliminary Review Meeting – January 19, 2021– to introduce the proposed project to the City Council and public and receive feedback prior to initiating the entitlement process.

3.Planning Commission Study Session – January 20, 2022 – to solicit early feedback from the Commission and the public on the proposed project.

4.Planning Commission Public Hearing – November 3, 2022 – to consider and make recommendations to the City Council regarding the Rezoning/General Development Plan Amendment of the C-2/PD District.

WHEREAS, on November 3, 2022, the Planning Commission held a Public Hearing and adopted Resolution No. P-14-22 recommending adoption of an amendment to the City’s Zoning Map and the current C-2/PD (General Business/Planned Development) District; and
WHEREAS, pursuant to FCMC section 17.74.060, Resolution No. P-14-22 and all items submitted in connection with the public hearing for consideration including the Staff Report and all attachments thereto shall satisfy the reporting requirements in FCMC 17.74.060.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES ORDAIN AND FINDS as follows:

Section 1. Recitals. The foregoing Recitals are true and correct and material to this Ordinance.

Section 2. CEQA. In accordance with the requirements of the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.) and implementing guidelines (“CEQA”) adopted by the Secretary of Resources, and the City of Foster City Environmental Review Guidelines, this Council finds that the Project is Categorically Exempt from CEQA, under Class 1, CEQA Section 15301 (Existing Facilities). The project would be allowing potential R&D use within an already existing building that facilitates office uses without major changes to the physical building and would involve negligible or no expansion of use. Neither the project nor site meet any of the exceptions to the exemptions identified in CEQA Guidelines section 15300.2 (EA2021-0003).

Section 3. Findings. The City Council has reviewed the evidence and recommendations of the Planning Commission and based on facts and analysis in the Staff Reports, written and oral testimony, and exhibits presented, finds that the proposed rezoning would not be detrimental to the general health, welfare and safety of

6.1 6.1 Ordinance

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5 the City of Foster City based on the following:

A.The proposed Rezoning/General Development Plan Amendment will be in furtherance of and in accordance with the General Plan of the City of Foster City because the proposal will:
a.be consistent with Town Center General Plan Land Use designation of the subject site;
b.result in greater variety of land uses, flexibility of land, and still maintain the variety of uses in the area, consistent with Land Use Goal LUC-C and Policy LUC-C-12;
c.provide opportunities for increase in population to use the existing and future goods and services consistent with Policies LUC-D-1 and LUC- D-2;
d.maintain the same architectural that complement the surrounding built environment, without reducing or overwhelming the surrounding area consistent with Land Use Goal LUC-B;
e.provide for economic development consistent with the principles of Land Use Goal LUC-I;
f.maintain acceptable operation of the transportation system without greater impacts, consistent with LUC-F and LUC-F-1;
g.ensure any uses of hazardous materials, if any, be in compliance with local, regional, and State regulations consistent with LUC-D, LUC-D- 10, and LUC-D-11; and
h.provide for adequate on-site parking for safe and effective circulation, consistent with Land Use Goal LUC-G and Policy LUC-G-1.

B.The Project is a feasible and viable concept, supported by economic analysis. It would be primarily an option to maintain building occupancy while continuing to provide for economic stability and growth within the City.

C.Existing and proposed utility services and facilities and other public improvements such as fire and police protection; school services; open space and recreation; water supply; wastewater treatment; solid waste and electricity, gas and telecommunications are adequate for the proposed conversion of office to R&D because:
a.Conversion from office to R&D will be required to meet all Fire Code requirements, and, therefore, will not reduce the ability of the Foster City Fire Department to meet existing performance standards or exceed the capabilities of the existing or planned staffing levels; b.Conversion of office to R&D would remain within the footprint of the existing building with no substantive increase in services and therefore no increased demand is anticipated for police services; no new school facilities will be required as a result of the project; c.Conversion of office to R&D would be mostly retained within the existing building and no substantive expansion would be required, therefore, anticipated water requirements or wastewater discharges are not high enough to require the expansion of the existing systems;

6.1 6.1 Ordinance

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5 d.Conversion of office to R&D would not substantively generate more solid waste than the existing use on site and will not substantially shorten the life of the landfill; and
e.Any improvements to be completed at the building shall be subject to Building Permits and shall be reviewed by all appropriate departments to ensure the project satisfy the condition of approvals as set forth in associated Use Permit, and
f.Conversion of office to R&D does not anticipate in upgrades or upsize of existing infrastructures and therefore, other utilities serving the project are expected to be adequate.

D.Any future R&D use, may result in the loss of 60 parking spaces. A parking demand study was completed and based on the Municipal Code Chapter 17.62, if a full conversion of office to R&D occurs, the site would require 1,168 parking spaces. As the site currently has 1,356 parking spaces, even with the conservative estimate of parking space removal, the project would continue to meet the existing Section 17.36.060 Off-Street Parking Regulations in a PD District of Chapter 17.36, PD Planned Development Combining District, of Title 17, Zoning, of the Foster city Municipal Code.

E.The proposed project will not have a detrimental and immitigable financial impact on the City.

Section 4. Amendment. The City of Foster City Zoning Map and General Development Plan for the 5.99-acre parcel known as Parkside Towers at 1001 and 1051 East Hilldale Boulevard (APN 094-524-220), north of the intersection at East Hillsdale Boulevard and Shell Boulevard in the C-2/PD (General Business/Planned Development Combining) District is hereby amended to repeal and replace the existing Zoning Map and General Development Plan with an amended General Development Plan to allow up to 373,646 square feet (SF) of Research and Development (R&D) and/or office uses on floors four (4) through eight (8) at the Parkside Towers as set forth in Exhibits A and B of this Ordinance, attached hereto and incorporated herein.

Section 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

Section 6. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 7. 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.

6.1 6.1 Ordinance

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5 This Ordinance was introduced and read on the 5th day of December, 2022, and passed and adopted on the 17th day of January ,2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.1 6.1 Ordinance

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5 EXHIBIT A
AMENDED GENERAL DEVELOPMENT PLAN FOR 1001 AND 1051 EAST HILLSDALE

BOULEVARD
The C-2/PD (General Business/Planned Development District) zoning of the 5.99-acre site at 1001, 1015, 1035, and 1051 East Hillsdale Boulevard (APN: 094-524-220) is herewith limited and specified as follows:

To allow development of up to 391,316 gross sq. ft. consisting of 373,646 sq. ft. of office space and/or Research and Development (R&D) on floors four (4) through eight (8) and 17,670 sq. ft. of retail space, and approximately 30,900 sq. ft. park, landscaping and parking in accordance with the plans on file in the offices of the Community Development Department Planning/Code Enforcement Division.

6.1 6.1 Ordinance

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5 EXHIBIT B
AMENDED GENERAL DEVELOPMENT PLAN FOR 1001 AND 1051 EAST

HILLSDALE BOULEVARD

6.1 6.1 Ordinance

16 ORDINANCE NO. __________

AN ORDINANCE OF THE CITY OF FOSTER CITY MAKING VARIOUS TEXT AMENDMENTS TO TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE

TO IMPLEMENT HOUSING SITES IDENTIFIED IN THE SITES INVENTORY IN THE REGIONAL HOUSING NEEDS ALLOCATION (RHNA), 5TH CYCLE; AND MAKINGVARIOUS TEXT AMENDMENTS TO TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE, INCLUDING AMENDMENTS TO CHAPTER 17.78, “ACCESORY DWELLING UNITS” AND 17.04, “DEFINITIONS” AND CHAPTER 17.82, “EMERGENCY SHELTERS”, AMONG OTHERS, TO IMPLEMENT THE RHNA 6 HOUSING ELEMENT FOR THE 2023-2031 PLANNING PERIOD AND COMPLY WITH

RECENT CHANGES IN STATE LAW AND FINDING CERTAIN AMENDMENTS SUBJECT TO AN ADDENDUM TO THE 2015 FINAL ENVIRONMENTAL IMPACT

REPORT (FEIR) PREPARED FOR THE FOSTER CITY GENERAL PLAN UPDATE AND CLIMATE ACTION PLAN (SCH #2012072003) OR EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT – RZ2022-0003

CITY OF FOSTER CITY
WHEREAS, there is a shortage of affordable housing in the City of Foster City (“City”) as documented in the RHNA 5 Housing Element for the 2015-2023 Planning Period and the RHNA 6 Draft Housing Element for the 2023-2031 Planning Period; and WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, the staff reports dated November 15, 2022, December 1, 2022, and January 9, 2023, incorporated herein by reference, explain the relevant requirements of State law that require corresponding changes in the Foster City Municipal Code in order for the City’s regulations to be compliant with State law; and WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and
WHEREAS, said zoning actions, combined with the City’s inclusionary housing requirements of Chapters 17.90 and 17.92 are steps that the City can take to attempt to increase the supply of housing, including below market rate housing to meet the City’s regional share of very low-, low- and moderate-income housing needs and the needs of special groups, including the elderly, disabled, small and large families, and local workers; and

6.2 6.2 Ordinance Adopting Various Zoning Text Amendments

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WHEREAS, provision of housing at a variety of income levels will reduce Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work; and WHEREAS, provision of housing at a variety of income levels will support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and WHEREAS, provision of housing at a variety of income levels will affirmatively further the policies and purposes of the Fair Housing Act, also known as “Affirmatively Further Fair Housing” by reducing segregation and concentration of poverty; and WHEREAS, a joint Planning Commission and City Council Study Session was held to review the proposed changes on November 15, 2022; and WHEREAS, the Planning Commission considered the proposed zoning text amendments to Title 17, “Zoning,” at a noticed Planning Commission public hearing on December 1, 2022 including as required by Government Code Sections 65856 and 65090, the Notice contained the information required by Government Code Section 65094, and was published in compliance with Government Code Section 6061 on November 16, 2022 in the Foster City Islander, a newspaper of general circulation with the City of Foster City in an advertisement of full page size; and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, the Planning Commission of the City of Foster City carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend Title 17, Zoning, of the Foster City Municipal Code as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”) and recommended that the City Council adopt the Addendum and recommended changes to Title 17 “Zoning” of the Municipal Code by adoption of Planning Commission Resolution No. P-17-22; and
WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Special City Council meeting of January 9, 2023, including as required by Government Code Sections 65856 and 65090, the Notice contained the information required by Government Code Section 65094, and was published in compliance with Government Code Section 6061 on December 28, 2022 in the Foster City Islander, a newspaper of general circulation with the City of Foster City in an advertisement of full page size; and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, the Council adopted the proposed Addendum to the certified 2015 Final Environmental Impact Report (2015 EIR) for the Foster City General Plan Update

6.2 6.2 Ordinance Adopting Various Zoning Text Amendments

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and Climate Action Plan (State Clearinghouse #2012072003) via Resolution No. ___ on January 9, 2023; and
WHEREAS, the City Council of the City of Foster City carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend Title 17 “Zoning” of the Foster City Municipal Code any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

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

Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:

1. The foregoing Recitals are true and correct and are incorporated herein by this reference; and

2. The provision of safe and stable housing for households at all income levels is essential for the public welfare of the City. Housing in Foster City, both rental and for-sale housing, has become steadily more expensive and housing costs have gone up faster than incomes. Federal and state government programs do not provide enough affordable housing to satisfy the needs of very low-, low-, or moderate-income households. As a result, there is a severe shortage of adequate, affordable housing for very low, low-, and moderate-income households, as evidenced by the findings in the City’s Housing Element; and

3. The proposed amendments to Title 17, Zoning, of the Foster City Municipal Code are consistent with the General Plan, specifically the 2015-2023 Housing Element including Goal H-D Consider Potential Public and Private Redevelopment Opportunities to Increase the Supply of Housing, Policy H-D-9 Reduce Regulatory Constraints, and Goal H-F Address Special Housing Needs, Policy H-F-2 Special Needs, and Policy H-F-3 Housing for the Homeless.

4. The Addendum, adopted via Resolution No. ____, to the certified 2015 Final Environmental Impact Report (2015 EIR) for the Foster City General Plan Update and Climate Action Plan (State Clearinghouse #2012072003) was prepared to evaluate the changes in the proposed project since certification of the 2015 EIR to include the proposed zoning amendments and concludes that based on the record, there is no substantial evidence to support a conclusion that the project would result in significant environmental impacts not previously studied in the FEIR and, accordingly, the project changes would not result in any conditions identified in CEQA Guidelines Section 15162 with respect to the following proposed amendments:

6.2 6.2 Ordinance Adopting Various Zoning Text Amendments

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•Zoning Text Amendment to create the By-Right Housing Overlay Combining District in accordance with State law because this amendment changes the review process for some types of housing proposals on sites with this combining district but does not result either directly or indirectly in physical changes to the environment.
•Zoning Map Amendment of two housing sites in the existing Housing Element for 2015-2023, Beach Cove and Shadow Cove, from R-4 to R-4 with the By- Right Housing Overlay in accordance with State Housing Law because this amendment would alter the review process for some types of housing proposals but does not result either directly or indirectly in physical changes to the environment. The number of units currently projected at Beach Cove and Shadow Cove is the same as was considered in the FEIR.
•Zoning Text Amendment of R-3 and R-4 zoning districts to reflect minimum and maximum densities allowed by the General Plan because this amendment brings the zoning regulations for minimum and maximum densities into conformance with what is already allowed by the General Plan in the Apartment Residential Land Use Plan designation and was previously contemplated as part of the FEIR, as referenced in the description of the Apartment Residential land use category on page 2.0-6 of the FEIR.
•Zoning Text Amendment of the C-2 General Business District to modify conditionally permitted uses to allow R-3 and R-4 residential uses instead of the currently allowed “any permitted use in any R district” and the addition of minimum and maximum lot area per dwelling unit standards to allow densities of 15-60 units per acre (reflecting previously allowed densities) because this amendment brings the zoning regulations for residential uses and minimum and maximum densities into conformance with what is already allowed by the General Plan in the Town Center Land Use Plan designation and was previously contemplated as part of the FEIR, that included the Land Use Plan designation descriptions in the Project Description for the FEIR. This amendment does not have the potential to result either directly or indirectly in physical changes to the environment.
•Zoning Text Amendment to the PD Planned Development Combining District to adjust the process for housing developments to have a General Development Plan approved by Resolution instead of Ordinance because this amendment would make a process change to provide that approval of a general development plan can be through Resolution rather than Zoning Ordinance. The 2015 FEIR analyzed the potential impacts of General Plan policies, including LUC-C-1, Planned Development Zoning that includes standards to be applied. The proposed change in the General Development Plan approval procedures in this amendment does not include any changes to the standards in LUC-C-1 and does not have the potential to result either directly or indirectly in physical changes to the environment; and

6.2 6.2 Ordinance Adopting Various Zoning Text Amendments

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5. Other components of the proposed amendments have been reviewed for compliance with the provisions of the California Environmental Quality Act (CEQA) and are found to be exempt from review as follows:
•Amend Chapter 17.78 Accessory Dwelling units to conform to state law requirements is exempt pursuant to CEQA Guidelines Section 15282(h); •Amend provisions of Chapter 17, Zoning to conform to state law regarding low barrier navigation centers (LBNC) is exempt pursuant to Government Code Section 65660 which states that LBNCs are to be allowed by right and would not constitute a “project” for purposes of Division 13 (commending with Section 21000 of the Public Resources Code (CEQA);
•Amend various provisions of Chapter 17, Zoning to conform to state law regarding manufactured homes, replacement units, employee housing, and supportive housing is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Section 2. Amendment. Chapters 17.18, “R-3 Medium Density Multiple-Family Residence District”, Chapter 17.20 R-4, “High Density Multiple-Family Residence District”, Chapter 17.26, C-2, “General Business District”, 17.36 “P-D, Planned Development Combining District and 17.94, “By Right Housing Overlay Combing District” within Title 17, “Zoning” of the Foster City Municipal Code are hereby amended by repealing the existing Chapters 17.18, 17.20, 17.26, 17.36 and 17.94 in their entireties and replacing those Chapters to read as set forth in the attached Exhibits A through E, as listed below and attached hereto and incorporated herein by reference:
•Exhibit A: Chapter 17.18 R-3, Medium Density Multiple-Family Residence District
•Exhibit B: Chapter 17.20 R-4, High Density Multiple-Family Residence District
•Exhibit C: Chapter 17.26 C-2, General Business District •Exhibit D: Chapter 17.36 P-D, Planned Development Combining District •Exhibit E: Chapter 17.94 By Right Housing Overlay Combining District Section 3. Amendment. Chapter 17.04 “Definitions” within Title 17, “Zoning” of the Foster City Municipal Code are hereby amended by repealing existing Section 17.04.350 “Mobilehome”, and 17.04.544 “Supportive Housing” in their entireties and replacing Section 17.04.544 “Supportive Housing” and replacing Section 17.04.544 “Supportive Housing” and adding Sections 17.04.204 “Employee Housing”, 17.04.342 “Manufactured Home”, and 17.04.350 “Navigation Center, Low Barrier” as set forth in the attached Exhibit F, as listed below and attached hereto and incorporated herein by reference:
•Exhibit F: Chapter 17.04 Definitions

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Those definitions within Chapter 17.04 not specifically identified in Exhibit F shall remain unchanged.

Section 4. Amendment. Chapter 17.12 “R-1, Single-Family Residence District,” Chapter 17.14 R-2, “Two Family Residence District,” Chapter 17.16 “R-T Townhouse Residence District,” Chapter 17.22 “C-O, Commercial-Office District,” Chapter 17.24 “C- 1, Neighborhood Business District”, Chapter 17.28 “C-M, Commercial Mix District”, Chapter 17.32 “P-F Public Facilities District”, Chapter 17.55 “Replacement Units”, Chapter 17.70 “Non-conformity Uses”, Chapter 17.78 “Accessory Dwelling Units”, Chapter 17.82 “Emergency Shelters” within Title 17, “Zoning” of the Foster City Municipal Code are hereby amended by repealing the existing Chapters 17.12, 17.14, 17.16, 17.22,

17.24, 17.28, 17.32, 17.55, 17.70, 17.78 and 17.82 in their entireties and replacing those Chapters to read as set forth in the attached Exhibits G through Q, as listed below and attached hereto and incorporated herein by reference:
•Exhibit G: Chapter 17.12 R-1, Single-Family Residence District •Exhibit H: Chapter 17.14 R-2, Two-Family Residence District •Exhibit I: Chapter 17.16 R-T, Townhouse Residence District •Exhibit J: Chapter 17.22 C-O, Commercial-Office District •Exhibit K: Chapter 17.24 C-1, Neighborhood Business District •Exhibit L: Chapter 17.28 C-M, Commercial Mix District
•Exhibit M: Chapter 17.32 P-F, Public Facilities District •Exhibit N: Chapter 17.55 Replacement Units
•Exhibit O: Chapter 17.70 Non-conformity Uses
•Exhibit P: Chapter 17.78 Accessory Dwelling Units
•Exhibit Q: Chapter 17.82 Emergency Shelters
Section 5. 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 6. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 7. 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.

The passed and adopted clause should be indented 5 spaces and always be on the same page as the vote and signatures of both the Mayor and City Clerk, as follows:

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This Ordinance was introduced and read on the 9 th day of January, 2023, and passed and adopted on the 17th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.2 6.2 Ordinance Adopting Various Zoning Text Amendments

23 EXHIBIT A
Chapter 17.18
R-3 MEDIUM DENSITY MULTIPLE-FAMILY RESIDENCE DISTRICT
Sections:

17.18.010 Regulations generally.

17.18.020 Permitted uses.

17.18.030 Conditional uses.

17.18.040 Area, bulk, yard and height regulations.

17.18.050 Parking.

17.18.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all R-3 districts. (Ord. 38 § 1 (part), 1972: prior code § 10-404.041)

17.18.020 Permitted uses.

The following uses shall be permitted in the R-3 districts:

A. Multiple-family dwellings;
B. Accessory uses which are related to multi-family dwellings.

C. Home occupations as defined in Section 17.04.250.

D. Community care facilities including family day cares, day care centers, residential care facilities, transitional housing and supportive housing as defined by Sections 17.04.135, 17.04.149, 17.04.215, 17.04.459, 17.04.544 and 17.04.547.

E. Accessory dwelling units in compliance with Chapter 17.78. (Ord. 633 § 2, 2020; Ord. 578 § 6, 2013; Ord. 377 § 4, 1990: Ord. 38 § 1 (part), 1972: prior code § 10-404.042)

17.18.030 Conditional uses.

The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

24 Those uses permitted in any R-1 or R-2 districts with a conditional use permit and as regulated therein. (Ord. 38 § 1 (part), 1972: prior code § 10-404.043)

17.18.040 Area, bulk, yard and height regulations.

The following area, bulk, yard and height regulations shall apply in the R-3 districts:

Minimum Building
Site
Minimum Yards
Required
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Open
Green
Area
Required
Average
Width
(ft.)
Minimum
Area
(sq. ft.)
Minimum
Lot Area
Per
Dwelling
Unit
(sq. ft.)
Maximum
Lot Area Per
Dwelling
Unit (sq. ft.)
Front
(ft.)
Side
(ft.)
Rear
(ft.) Stories Ft. (%) (%)
200 20,000 1,244 2,178/2,9041 20 5 20 3 38 50 47
1 Maximum lot size shall depend upon the General Plan Land Use Designation. For Condominium Residential, maximum lot size shall be 2,904. For Apartment Residential, maximum lot size shall be 2,178.
(Ord. 38 § 1 (part), 1972: prior code § 10-404.044)

17.18.050 Parking.

Parking shall be provided in accordance with Chapter 17.62.

Parking on the first level, not to exceed four feet above finished grade, shall not constitute a story. (Ord. 38 § 1 (part), 1972: prior code § 10-404.045)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

25 EXHIBIT B
Chapter 17.20
R-4 HIGH DENSITY MULTIPLE-FAMILY RESIDENCE DISTRICT
Sections:

17.20.010 Regulation generally.

17.20.020 Permitted uses.

17.20.030 Conditional uses.

17.20.040 Area, bulk, yard and height regulations.

17.20.050 Parking.

17.20.010 Regulation generally.

The specific regulations set forth in this chapter shall apply in all R-4 districts. (Ord. 38 1 (part), 1972: prior code 10-404.051)

17.20.020 Permitted uses.

The following uses shall be permitted in the R-4 districts:

A. Any use permitted in any R-3 residential districts; B. Accessory uses which are necessary to the above-mentioned uses. (Ord. 38 1 (part), 1972:
prior code 10-404.052)17.20.030 Conditional uses.

The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:

A. Any conditional use permitted in the R-3 multiple-family residential districts; B. Convalescent homes, rest homes or nursing homes accommodating more than five persons in addition to the owner or manager and his family wherein the total structure has been designed specifically for the use permitted. (Ord. 38 1 (part), 1972: prior code 10-404.053)

17.20.040 Area, bulk, yard and height regulations.

The following area, bulk, yard and height regulations shall apply in the R-4 districts:

Minimum Minimum

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

26 Building Site Minimum
Lot
Maximum
Lot
Minimum Yards Maximum Maximum Open
Green
Average Minimum Area Per Area Per Required Height Coverage Area Width Area Dwelling
Unit
Dwelling
Unit
Front Side Rear Permitted Permitted Required
(ft.) (sq. ft.) (sq. ft.) (sq. ft.) (ft.) (ft.) (ft.) Stories Ft. (%) (%) 200 20,000 1,244 2,178/2,9041 20 5 20 5 45 40 47
1 Maximum lot size shall depend upon the General Plan Land Use Designation. For Condominium Residential, maximum lot size shall be 2,904. For Apartment Residential, maximum lot size shall be 2,178.
(Ord. 38 1 (part), 1972: prior code 10-404.054)

17.20.050 Parking.

Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 1 (part), 1972: prior code 10-404.055)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

27 EXHIBIT C
Chapter 17.26
C-2 GENERAL BUSINESS DISTRICT
Sections:

17.26.010 Regulations generally.

17.26.020 Permitted uses.

17.26.030 Conditional uses.

17.26.040 Area, bulk, yard and height regulations.

17.26.050 Parking and loading.

17.26.060 Use enclosure requirements.

17.26.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all C-2 districts.

Any recreational or instructional school or business teaching or offering dance, music, singing, gymnastics, boxing, wrestling, martial arts, sports training, and fitness training shall, with the exception of allowing ingress into and egress out of the school or business, keep all of the windows and doors serving the facility closed when conducting noise-generating activities such as classes, training, instructions, recitals, exhibitions or performances. (Ord. 565 § 1 (part), 2011: Ord. 38 1 (part), 1972: prior code 10-404.081)

17.26.020 Permitted uses.

The following uses shall be permitted in the C-2 districts:

A. Any use which is a permitted use in the neighborhood commercial C-1 districts, except that the following uses are excluded from the C-2 zone:

Laundromats;
B. Retail stores and services establishments which supply commodities or provide service primarily to meet the needs of residents of the community, such as large department stores, automobile sales agencies, bars and cocktail lounges, sale of antiques and specialty items, costume rental shops, bicycle stores (including rental and repair), hotels and motels (including restaurant and meeting rooms), and other general commercial uses serving the needs of the

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

28 community as a whole and which, in the opinion of the city planning director, are similar to the above-mentioned uses;
C. Parking lots, open and other than accessory, for the storage of private passenger automobiles and subject to the provisions of Chapter 17.62; D. Incidental and accessory structures and uses on the same site with and necessary to the operation of a permitted use. (Ord. 38 1 (part), 1972: prior code 10-404.082)

17.26.030 Conditional uses.

The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:

A. Any use which is a conditional use in the neighborhood commercial C-1 districts; B. Automobile accessory shops and repair garages, provided no such enterprise shall have a driveway entrance across the sidewalk;
C. General commercial amusement and entertainment enterprises, including theaters, bowling alleys and similar establishments, and entertainment provided in connection with a permitted use;
D. Clubs, lodges and fraternal organizations, including the serving of food and beverages to members and their guests, and including such other facilities customarily provided for the comfort and convenience of the membership;
E. Municipal or privately-owned recreation building or center, including Y.W.C.A. and Y.M.C.A. buildings;
F. Residential uses as described in 17.18, R-3 Medium Density Multiple-Family Residence District, and 17.20, R-4 High Density Multiple-Family Residence District, subject to development regulations described in 17.26.040, below;
G. Incidental and accessory structures and uses located on the same site with and necessary to the operation of a conditional use. (Ord. 38 1 (part), 1972: prior code 10-404.083 (part))

17.26.040 Area, bulk, yard and height regulations.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

29 The following area, bulk, yard and height regulations shall apply in the C-2 district:

Minimum Building
Site
Minimum Yards
Required
Maximum Height
Permitted
Average
Width
(ft.)
Minimum
Area
(sq. ft.)
Minimum Lot
Area Per
Dwelling Unit
(sq. ft.)
Maximum
Lot Area
Per
Dwelling
Unit (sq. ft.)
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft.

Maximum
Coverage
Permitted
(%)
Minimum
Open
Green
Area
Required
(%)
200 40,000 2,178 726 0 0 0 8 90 30 25
Where the commercial zone abuts a residential zone, no building shall be closer than twenty- five feet to the residential zone. (Ord. 38 1 (part), 1972: prior code 10-404.083 (part))

17.26.050 Parking and loading.

Parking and loading facilities shall be provided in accordance with the provisions of Chapter 17.62. (Ord. 38 1 (part), 1972: prior code 10-404.084)

17.26.060 Use enclosure requirements.

All uses permitted within this chapter, except parking and other permitted outside accessory uses, shall be conducted within an enclosed building. (Ord. 38 1 (part), 1972: prior code 10- 404.085)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

30 EXHIBIT D
Chapter 17.36

PD PLANNED DEVELOPMENT COMBINING DISTRICT
Sections:

17.36.010 Purpose.

17.36.020 Establishment.

17.36.030 General development plan.

17.36.040 Conditional uses.

17.36.050 Specific development plan.

17.36.060 Off-street parking requirements in a PD district.

17.36.070 General development criteria.

17.36.080 Design guidelines/standards.

17.36.090 Open area and density per family unit.

17.36.100 Amendment of development.

17.36.110 Development schedule.

17.36.120 Rezoning.

17.36.130 Relationship of PD district to other ordinance.

17.36.140 Application and fees.
* Prior history: Prior code Sections 10-405.110 through 10-405.160, 10-405.162 and 10-405.170 through 10-405.190, as added by Ord. 38 and amended by Ords. 210, 243 and 248.

17.36.010 Purpose.

The PD or planned development combining district is designed to accommodate various types of development, such as single-family residential developments, multiple housing development, neighborhood and community shopping centers, professional and administrative areas, commercial service centers, and industrial parks and other uses or a combination of uses which can be made appropriately a part of a planned development. The district is established to allow flexibility of design which is in accordance with the objectives and spirit of the general plan. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)

17.36.020 Establishment.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

31 A. PD combining districts may be established or removed from the zoning map upon the application of a property owner or owners, or upon the initiative of the city council or planning commission, in accordance with the procedures set forth in Chapter 17.74.

B. The following standards as usually prescribed by the zoning ordinance may, upon planning commission approval, be waived in a PD district without being processed under the variance procedure:

1. Minimum building site;

2. Minimum lot dimension;

3. Maximum building site coverage by buildings and structures;

4. Minimum yards;

5. Maximum building or structure height, bulk or massing;

6. Maximum height of fences and walls;

7. Signs;

8. Street or road widths dimensions;

9. Any other minimum or maximum standards as usually required or applied with the exception of off-street parking requirements. (Ord. 634 § 1, 2021; Ord. 313 § 1 (part), 1986; Ord. 289 § 1 (part), 1984)

17.36.030 General development plan.

An application for the establishment of a PD district shall be accompanied by a graphic general development plan which, if approved by the planning commission and city council, shall become a part of the zoning map of the city, except that for general developments plans including residential uses, the general development plan shall be adopted by resolution of the city council and shall not require changes in the zoning map.

A. The graphic general development plan shall show the following information presented in graphic and schematic form and at a scale satisfactory to the city with a reduced reproducible print of the approved drawing suitable to the city for publication purposes:

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

32 1. Proposed land uses;

2. Location of buildings, structures and building groups;

3. A tabulation of proposed dwelling-unit density in residential areas;

4. A tabulation of the maximum heights of proposed buildings;

5. Proposed circulation systems, including preliminary street cross-sections;

6. Proposed parks, playgrounds, school sites, and other open spaces;

7. Location and type of existing and proposed landscaping; identification of any existing trees to be removed;

8. An economic feasibility analysis of proposed commercial uses;

9. Development phasing (for entire project);

10. Relation to future land use in surrounding area, as proposed in the general plan;

11. Proposed off-street parking (ratio, locations, total number of spaces);

12. Any additional data required by the planning director as necessary to analyze the rezoning application.

B. The planning commission may waive the requirements of subsection A of this section, in whole or in part, when it deems such action to be in the best interests of the city, or when it determines that the information required is not relevant to or useful for the PD application at hand.

C. A PD district initiated by the planning commission or city council will require a graphic general development plan only if so determined by the initiating body. In such cases, the initiating body may require a graphic general development plan which contains all or only part of the required information as outlined in subsection A of this section.

D. The planning commission and city council may require such other information which, combined with the original information submitted, shall be for the purpose of ascertaining

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

33 substantial conformity with the adopted general plan of the city and compatibility with the surrounding area.

E. In order to approve, conditionally approve, or recommend approval or conditional approval of a general development plan, the planning commission shall find that:

1. The planned development is substantially in conformance with the adopted city general plan;

2. If applicable, a final subdivision map for the proposed planned development can be recorded within two years of the expected date of adoption of the general development plan for the planned development;

3. That the total development in each individual development phase can exist as an independent unit, adequate assurance will be provided that such objective will be attained; that the uses proposed will not be detrimental to present and planned surrounding uses, as shown in the city’s adopted general plan, but will have a beneficial effect which could not be achieved without being located in a PD district;

4. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and proposed densities will not generate traffic in such amounts as to overload the street network outside the development;

5. Existing or proposed utility services and facilities and other public improvements are adequate for the population densities and land uses proposed;

6. The proposed ratios for off-street parking are consistent with the parking regulations of the city, as provided in Chapter 17.62;

7. The planned development will not have a detrimental and unmitigatable financial impact on the city or the Estero Municipal Improvement District. (Ord. 634 § 1, 2021; Ord. 313 § 1 (part), 1985; Ord. 289 § 1 (part), 1984)

17.36.040 Conditional uses.

A use permit shall be required for any and all uses in a PD district. The planning commission shall not grant a use permit for any use or uses in a PD district unless it finds:

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

34 A. Such use or uses substantially conform to the adopted general plan of the city; B. Such use or uses are shown on the approved general development plan for the particular PD district;
C. That a specific development plan has been submitted which meets all of the requirements as outlined in Section 17.36.050. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)

17.36.050 Specific development plan.

An application for a use permit in a PD district shall include and be accompanied by a specific development plan which, if approved by the planning commission, shall become a part of the use permit.

A. Following adoption of a general development plan, no development, improvement or building construction within the planned development area covered by the adopted general development plan shall be commenced until the planning commission shall have approved a specific development plan for the entire planned development or, if the project is to be phased over several years, the first phase thereof.

B. Within one year following the adoption of the general development plan for the proposed planned development, the applicant shall submit to the planning commission an application for approval of a specific development plan for the proposed planned development, or the first phase thereof, including time limitations for submitting successive phases. All phases of the specific development plan shall consist of the following:

1. A map showing the existing topography and the proposed topography of the development at one-foot contour intervals, or as approved by staff;

2. A map showing:
a. Vehicular/pedestrian/bicycle circulation,
b. Parking areas and proposed parking ratios (off-street/on-street), all parking aisles, stall and curve radii dimensions, and landscaped areas, c. Areas proposed for dedication for parks, parkways, school sites, playgrounds, public buildings,

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

35 d. Landscaped public open space,
e. Landscaped private open space;

3. A plot plan for each building site or sites showing:
a. Approximate placement of all proposed buildings and structures, b. Distances between all buildings and structures and distances between buildings and structures and property lines;

4. A detailed tabulation of the densities of persons and dwelling units;

5. Any or all of the following plans, diagrams and information, when deemed appropriate by the planning director:
a. Off-street parking and loading plan,
b. Circulation diagram, indicating the proposed movement of vehicles, pedestrians, bicycles and goods within the PD district, and to and from adjacent public thoroughfares,
c. Any special engineering features and traffic-regulation devices needed to facilitate or insure the safety of movement of vehicles, pedestrians, bicycles and goods,
d. A landscaping and tree planting plan; such a plan shall show the approximate location, type, and size of plant materials to be installed, e. Detailed engineering site-grading plans, including proposed finished grades and all public improvements, and site drainage,
f. Detailed engineering improvement plans for the provision of public utilities for the site, including provisions for off-site connections and facilities necessary to serve the site,
g. A written statement, describing the disposition of recreation and open space areas, including proposals for ownership, development and

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

36 maintenance. (Ord. 634 § 1, 2021; Ord. 313 § 1 (part), 1985; Ord. 289 § 1 (part), 1984)

17.36.060 Off-street parking requirements in a PD district.

A. The off-street parking requirements for land uses, as provided in Chapter 17.62, shall be those that apply to all off-street parking requirements in all PD developments and districts except in residential PD districts, which shall be governed by the requirements of state law. The parking ratios and related standards contained within Chapter 17.62 are, for purposes of the PD district, considered minimum ratios and standards, and may be revised by the planning commission depending on certain factors as noted below.

B. When the planning commission has determined that conditions allowing a deviation from the total number of required off-street parking spaces are present, the planning commission may grant such deviation as deemed appropriate, based upon the following information provided by the applicant:

1. A parking analysis discussing all impacts resulting from the deviation from usual off-street parking requirements, including alternative parking designs or strategies considered, and why they were deemed infeasible, if applicable, and alternatives for mitigating negative impacts identified.

2. The parking analysis may include a clear, documentable rationale describing how and why the proposed parking will work at the given site and specifically identifying where it has been successfully used in other comparable projects and cities, and/or any other information as requested by staff and the planning commission.

3. The parking analysis shall include a parking demand study that demonstrates that the parking demand for the proposed use is less than the minimum off-street parking required by Section 17.62.060. The parking demand study shall be prepared by a licensed transportation professional.

4. Any such request for reduction of off-street parking capacity may be satisfied by providing a transportation systems management plan (TSM)/travel demand management (TDM) program consistent with the requirements outlined in Section 17.62.060(D)(3).

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

37 C. The planning commission will not consider the following reasons or conditions acceptable as the sole rationale for allowing a deviation from the provisions of the off-street parking requirements contained in Chapter 17.62:

1. The potential or estimated increase in or benefit to a project’s revenue generation, cash flow, market value, marketing strategy, or financial feasibility;

2. A desire or unsubstantiated need to increase the dwelling unit (residential uses) or square footage (office, retail, service, other uses) yield of a project by decreasing the required off-street parking ratio associated with the project or its individual uses. (Ord. 634 § 1, 2021; Ord. 461 § 2 (part), 1999; Ord. 356 § 1, 1989; Ord. 289 § 1 (part), 1984)

17.36.070 General development criteria.

All planned developments under this chapter shall conform to the following general development criteria:

A. All development should be designed and located to conserve energy resources. Such efforts might include, but are not limited to, the clustering or location of development to reduce driving time, and structural designs which maximize use of solar energy and reduce the use of electricity and fossil fuels. Both passive and active solar energy considerations shall be considered in design development.

B. Clustering to reduce paving, grading, runoff and changes in vegetative cover shall be encouraged. When a significant change in vegetative cover is proposed or introduced, it must be demonstrated that restoration measures will provide for minimal adverse impact and for equal protection from erosion as that provided by vegetation before grading.

C. Development should be so designed as to minimize adverse impact on primary San Francisco Bay wildlife resources, and to achieve a high degree of compatibility with wildlife habitat areas.

D. Any lands whose sole means of access is via existing residential streets shall be limited to densities which will not produce substantial increases in traffic volumes on those streets. Traffic volumes exceeding twenty percent of existing volumes shall generally be considered substantial. Where more than one undeveloped site would contribute vehicular traffic to the

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

38 street, the aggregate densities should not exceed the twenty-percent level. The twenty-percent level shall be used as a general guideline, and is intended to minimize adverse traffic impacts on existing neighborhood streets. Densities may be approved which would produce lesser or greater traffic volumes, depending upon the particular impact and possible mitigation as may be identified in any environmental impact report prepared for the planned development.

E. All roads, buildings and other structural improvements or land coverage shall be located, sited and designed to fit the natural topography, and shall minimize grading and modification of existing land forms. Special consideration of soil characteristics shall be included in design of all physical improvements.

F. Development shall be designed to minimize detraction from the scenic and visual quality of the city and the characteristics of existing major watercourses, established trees dominant vegetative communities and primary San Francisco Bay wildlife habitats.

G. Vegetation for replacement of existing vegetation shall be compatible with surrounding vegetation and shall recognize climate, soil conditions and characteristics of the city.

H. Underground utility lines shall be required, except where such undergrounding would result in significant adverse environmental impacts.

I. It must be demonstrated that sufficient storm drainage, sewerage capacity and domestic water supply are available, and that adequate fire, police and school facilities either exist, or can be reasonably supplied to the development.

J. Phased development shall be approved only if each phase is designed to stand as an independent development and each phase meets the requirements of this chapter. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)

17.36.080 Design guidelines/standards.

The following design guidelines/standards shall be incorporated as a part of the specific development plan for the particular development, as approved by the planning commission. The design guidelines/standards shall become a part of the use permit.

A. Architectural Design Guidelines.

1. Siting (building sites; lot dimensions; site coverage; yards; site arrangements);

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

39 2. Scale and character (building and structure height; height of walls and fences; building massing; density; configuration; facade treatments; basic shapes of buildings);

3. Rooftop treatments;

4. Materials (materials palate);

5. Colors (colors palate);

6. Elevations and perspective drawings of all proposed structures. (Such drawings need not be the result of the final architectural decisions and need not be in detail. The purpose of such drawings is to indicate within stated limits the height of the proposed buildings and the general appearance of the proposed structure, to the end that the entire development will have architectural unity and be in harmony with surrounding developments.)
B. Landscape Design Guidelines.

1. Plant materials (plant material palate);

2. Paving (materials palate);

3. Site furnishings (furnishings palate);

4. Lighting;

5. Special features/elements;

6. Sketches and perspective drawings of all landscape plantings, materials, furnishings and special elements indicating how they will relate to and enhance the overall design of the planned development.

C. Signage guidelines.

D. Prototypical treatments. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)

17.36.090 Open area and density per family unit.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

40 Open area and density per family unit shall be as shown on the specific development plan for the development, as approved by the planning commission, providing that the total open area and average density per family unit shall conform to the adopted general plan of the city and the park dedication requirements of the city, as presented in Chapter 16.36. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)

17.36.100 Amendment of development.

A. Changes in the general development plan shall be considered the same as changes in the zoning map, and shall be made in accordance with the procedures set forth in Chapter 17.74, except that for amendment of general development plans including residential uses, the amended general development plan shall be adopted by resolution of the city council and shall not require changes in the zoning map.

B. Changes in the specific development plan shall be considered the same as changes to the use permit, and shall be made in accordance with the procedures set forth in Chapter 17.06. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)

17.36.110 Development schedule.

An application for a use permit in a PD district shall be accompanied by a development schedule, indicating to the best of the applicant’s knowledge the approximate date on which construction of the project can be expected to begin, the anticipated rate of development, and completion date. The development schedule, if approved by the planning commission, shall become a part of the specific development plan and shall be adhered to by the owner of the property in the PD district and any successors in interest. The use permit shall become null and void unless foundations are set within six months of the granting of the permit. Extensions may be granted at the discretion of the planning commission, not to exceed a cumulative total of two years, in annual extensions not to exceed one year. Compliance with the phasing schedule consists of filing subdivision map and use permit applications and actively pursuing city approval within the time permitted by the phasing schedule. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)

17.36.120 Rezoning.

If, in the opinion of the planning commission, the owner or owners of property in a PD district are failing or have failed to meet an approved development schedule, the planning commission may initiate proceedings under Chapter 17.74 to rezone the property to another zoning district

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

41 which conforms to the adopted general plan of the city. For good cause shown by the property owner, in writing, prior to the expiration of the original development schedule, the planning commission may extend the limits imposed by the development schedule in accordance with Chapter 17.74. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)

17.36.130 Relationship of PD district to other ordinance.

Unless expressly provided otherwise in the PD zoning ordinance, the general provisions of the city zoning ordinance which apply to all zones also apply to PD districts. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)

17.36.140 Application and fees.

Application for approval of a planned development in accordance with the provisions of this chapter shall be made by the owner or owners of the land involved, or any agent thereof, on forms prescribed by the city and shall be accompanied by fees to be established by resolution adopted by the city council. (Ord. 634 § 1, 2021; Ord. 289 § 1 (part), 1984)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

42 EXHIBIT E
Chapter 17.94

BY-RIGHT HOUSING OVERLAY COMBINING DISTRICT
Sections:
• 17.94.010 Purpose.
• 17.94.020 Establishment.
• 17.94.030 Definitions.
• 17.94.040 Requirements for inclusion of below market rate dwelling units. •17.94.050 Process.

17.94.010 Purpose.

The purpose of the By-Right Housing Overlay (“BRHO”) combining district established by this chapter is to:

A. Encourage the development of below market rate rental dwelling units for low income households on sites that are designated apartment residential in the general plan; and B. Provide an alternative to the percentage of below market rate dwelling units required by Chapter 17.90 (Below Market Rate Inclusionary Housing Program) and Chapter 17.92 (Affordable Housing Overlay Combining District) that encourages the provision of low income units; and
C. Enhance the public welfare by establishing policies and encouraging the development and availability of housing opportunities to a broad range of households with varying income levels within the city as mandated by state law, California Government Code Section 65580 and following; and
D. Promote the city’s goals as stated in the housing element of the general plan to increase the supply of below market rate housing to meet the city’s regional share of extremely low, very low, and low income housing needs and the needs of special groups, including the elderly, disabled, small and large families, and local workers by imposing an inclusionary requirement for residential development projects; and
E. Reduce vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work;

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

43 F. Support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and G. Affirmatively further the policies and purposes of the Fair Housing Act, also known as “Affirmatively Further Fair Housing,” by reducing segregation and concentration of poverty; and H. Implement the city’s policies contained in the housing element of the general plan to create a by-right housing overlay district to encourage the production of additional housing units, including affordable housing units at existing, older apartments, in a manner appropriate to their neighborhood and surrounding development.

I. Comply with state requirements as specified in California Government Code Sections 65583 and 65584.09, pertaining to the rezoning of sites for housing. (Ord. 645 § 3, 2022)

17.94.020 Establishment.

The BRHO district may be established or removed from the zoning map upon the application of a property owner or owners, or upon the initiative of the city council or planning commission, in accordance with the procedures set forth in Chapter 17.74. (Ord. 645 § 3, 2022)

17.94.030 Definitions.

For purposes of this chapter, the definitions set forth in Section 17.90.020 shall be, and hereby are, incorporated herein by this reference as if set forth in full. (Ord. 645 § 3, 2022)

17.94.040 Requirements for by-right development.

A. Notwithstanding development review process required elsewhere in this title, multiple family development projects in the BRHO shall not require discretionary review when the following elements are included in the project:

1. Twenty percent (20%) of the proposed units in the project are affordable to lower income households and are developed and restricted in accordance with Chapter 17.90..

2. Fractional Units. In calculating the number of units affordable to lower income households required pursuant to subsection (A)(1) of this section, any fraction of less than 0.50 shall be rounded down to the nearest whole number, and any fraction of 0.50 or more shall be rounded up to the nearest whole number.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

44 17.94.050 Process.

Applications under this section will be reviewed ministerially by the Community Development Director for compliance with City regulations and objective standards. The Community Development Director may deny or approve with conditions of approval which are either standard or required to bring the project into compliance with objective standards. The community development director may refer the application to the planning commission for comment on compliance with objective design standards.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

45 EXHIBIT F
Amendments to Chapter 17.04 DEFINITIONS

17.04.204 Employee housing.
“Employee housing” means any housing providing accommodations for six or fewer employees.

17.04.342 Manufactured Home.
“Manufactured home” means any residential structure that was built or manufactured, in whole or in part, at a site different than its permanent installation location as a home. This includes: (1) factory built or modular housing constructed as regulated by the California Health and Safety Code, Division 13, Part 6, Sections 19960 to 19997 and (2) manufactured or mobile homes as regulated by the California Code of Regulations, Title 25, Division I, Chapter 3, Subchapter 2, commencing with section 4000, and Federal Regulation found at Title 24, Code of Federal Regulations, beginning with Section 3282.1.

17.04.350 Navigation Center, Low Barrier.
“Low Barrier Navigation Center” is a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2. Pets.

3. The storage of possessions.

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

17.04.544 Supportive housing.
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population as defined in Section 65582(i)of the California Government Code, and that is linked to on- or off-site services that assist the supportive housing residents in retaining the

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

46 housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (Ord. 578 § 3 (part), 2013)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

47 EXHIBIT G
Chapter 17.12
R-1 SINGLE-FAMILY RESIDENCE DISTRICT
Sections:

17.12.010 Regulations generally.

17.12.020 Permitted uses.

17.12.030 Conditional uses.

17.12.040 Area, bulk, yard and height regulations.

17.12.050 Parking.

17.12.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all R-1 districts. (Ord. 38 § 1 (part), 1972: prior code § 10-404.011)

17.12.020 Permitted uses.

The following uses shall be permitted in the R-1 district:

A. One-family residences.
a. In any single residence, not more than two paying guests may be lodged and/or furnished meals.
b. A one-family residence may be a manufactured home. A manufactured home refers to either a modular or factory-built home, which are considered the same as single-family residences, or to mobile homes (identified as manufactured homes by the National Manufactured Housing Construction and Safety Standards Act of 1974), which, if used as permanent dwellings, are subject to the following regulations:
i. Certification required. Noncertified manufactured homes are prohibited.

Manufactured homes must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Sec. 5401, et seq.).
ii. Location. As required by Government Code § 65852.3, manufactured homes for permanent occupancy are considered the same as single-

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

48 family dwellings and are permitted in all zoning districts that allow single- family dwellings.
iii. Foundation system. The manufactured home shall be placed on a foundation system in compliance with Health and Safety Code § 18551; and
iv. Architectural standards. Manufactured homes shall be designed and constructed with roof eave and gable overhangs of not less than one (1) foot measured from the vertical side of the structure.
v. Density. The number of certified manufactured homes that may be placed on a single parcel shall be the same as the number of single-family dwellings permitted by the General Plan Land Use and Circulation Element.
vi. Age. The manufactured home must be no more than ten (10) years of age at the time of application for installation.
vii. Storage of unoccupied manufactured homes. Unoccupied manufactured homes or portions thereof that are not fixed to a foundation shall be stored only in a manufactured home sales lot, or an approved storage yard.

B. Employee housing. Employee housing for 1-6 employees shall be considered the same as single family residences.

C. Accessory structures and uses located on the same site as a one-family residence for which the use is clearly related to single-family dwelling, including the following:

1. Garages and carports;

2. Garden structures;

3. Greenhouses;

4. Storage buildings;

5. Recreation rooms;

6. Hobby shops, provided that no noisy or otherwise objectionable machinery or equipment is used and provided that no sales are made therefrom;

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

49 7. Private swimming pools;

8. Home occupations as defined in Section 17.04.250;

9. Secondary residential units in compliance with Chapter 17.78;

10. Community care facilities including family day cares, day care centers, residential care facilities, transitional housing and supportive housing as defined by Sections 17.04.135, 17.04.149, 17.04.215, 17.04.459, 17.04.544 and 17.04.547. (Ord. 578 § 4, 2013; Ord. 515 § 2 Exh. A (part), 2005; Ord. 511 § 2, Exh. A (part), 2004; Ord. 38 § 1 (part), 1972: prior code § 10-404.012)

17.12.030 Conditional uses.

The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:

A. Temporary subdivision sales office and model homes; B. Temporary buildings or trailers used during construction on the site to be removed upon issuance of first occupancy permit;
C. Boardinghouses as defined in this title;
D. Any otherwise conforming structure built upon a nonconforming, legally constituted lot. (Ord. 38 § 1 (part), 1972: prior code § 10-404.013)

17.12.040 Area, bulk, yard and height regulations.

The following area, bulk, yard and height regulations shall apply in the R-1 district, except as modified by Chapter 17.54, Yards:

Minimum Building
Site
Minimum Lot Area
Per Dwelling Unit Minimum Yards Required
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Width (ft.)
Minimum
Area
(sq. ft.) (sq. ft.) Front (ft.) Side (ft.) Rear (ft.) Stories Ft. (%) 40 5,000 5,000 20 5 20 2 25 50

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

50 (Ord. 515 § 2 Exh. A (part), 2005; Ord. 38 § 1 (part), 1972: prior code § 10-404.014)

17.12.050 Parking.

Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 § 1 (part), 1972: prior code § 10-404.015)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

51 EXHIBIT H
Chapter 17.14
R-2 TWO-FAMILY RESIDENCE DISTRICT
Sections:

17.14.010 Regulations generally.

17.14.020 Permitted uses.

17.14.030 Conditional uses.

17.14.040 Area, bulk, yard and height regulations.

17.14.050 Parking.

17.14.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all R-2 districts. (Ord. 38 1 (part), 1972: prior code 10-404.021)

17.14.020 Permitted uses.

The following uses shall be permitted in the R-2 districts:

A. Those uses permitted in any R-1 districts and as regulated therein; B. Two-family residences or duplex structures. (Ord. 38 1 (part), 1972: prior code 10-404.022)

17.14.030 Conditional uses.

The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:

A. Those uses permitted in the R-1 districts with a conditional use permit and as regulated therein;
B. Any otherwise conforming structure built upon a nonconforming legally-constituted lot. (Ord. 38 1 (part), 1972: prior code 10-404.023)

17.14.040 Area, bulk, yard and height regulations.

The following area, bulk, yard and height regulations shall apply in the R-2 districts:

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

52 Minimum Building Site Minimum Lot
Area Per
Minimum Yards
Required
Maximum
Height
Permitted
Maximum
Coverage
Permitted
Minimum
Width
(ft.)
Minimum
Area
(sq. ft.)
Dwelling Unit
(sq. ft.)
Front
(ft.)
Side
(ft.)
Rear
(ft.)
Stories Ft. (%)
40 5,000 3,500 20 5 20 2 25 50
(Ord. 38 1 (part), 1972: prior code 10-404.024)

17.14.050 Parking.

Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 1 (part), 1972: prior code 10-404.025)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

53 EXHIBIT I
Chapter 17.16

R-T TOWNHOUSE RESIDENCE DISTRICT
Sections:

17.16.010 Regulations generally.

17.16.020 Permitted uses.

17.16.030 Conditional uses.

17.16.040 Development regulations.

17.16.050 Parking.

17.16.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all R-T districts. (Ord. 38 § 1 (part), 1972: prior code § 10-404.031)

17.16.020 Permitted uses.

The following uses shall be permitted in the R-T district:

A. One-family attached residential or townhouse units, provided that a maximum of six units may be joined together by common walls;
B. Accessory structures and uses located on the same site as the townhouse unit for which the use is clearly related to the primary unit;
C. Home occupations as defined in Section 17.04.250; D. Common open areas maintained and available for the use of the residents of the development;
E. Private roads and driveways provided that:

1. A minimum road width of twenty-four feet shall be maintained where no driveway access occurs, and width of twenty-eight feet shall be minimum where driveways or parking bays occur.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

54 2. In addition to normally required parking, at least two-thirds space for guest parking shall be provided for each unit within the development. Guest spaces shall be reasonably accessible to all units;
F. Common recreation facilities including but not limited to community buildings, swimming pools, activity court and the like. A minimum of ten percent of the development shall be devoted to active recreational activity;
G. Community care facilities including family day cares, day care centers, residential care facilities, transitional housing and supportive housing as defined by Sections 17.04.135, 17.04.149, 17.04.215, 17.04.459, 17.04.544 and 17.04.547; H. Accessory dwelling units in compliance with Chapter 17.78. (Ord. 633 § 1, 2020; Ord. 578 § 5, 2013; Ord. 515 § 2 Exh. A (part), 2005; Ord. 377 § 2, 1990: Ord. 38 § 1 (part), 1972: prior code § 10-404.032)

17.16.030 Conditional uses.

The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:

A. Temporary sales office and model complex for first sale of residences within the development;
B. Temporary buildings or trailers used during construction on the site, to be removed upon issuance of the first occupancy permit. (Ord. 377 § 3, 1990: Ord. 38 § 1 (part), 1972: prior code § 10-404.033)

17.16.040 Development regulations.

Due to the unique character of townhouse development and the required common area and recreation areas, a use permit shall be required for each separate development. The R-T zone hall be developed only in conjunction with the PD combining district zone and processed in the method prescribed therein. The standards development generally used are those set forth in the Hahn-Wise report “Townhouse and Apartment Development in Foster City.” (Ord. 38 § 1 (part), 1972: prior code § 10-404.034)

17.16.050 Parking.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

55 Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 § 1 (part), 1972: prior code § 10-404.035)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

56 EXHIBIT J
Chapter 17.22

C-O COMMERCIAL OFFICE DISTRICT
Sections:

17.22.010 Regulations generally.

17.22.020 Permitted uses.

17.22.030 Conditional uses.

17.22.040 Area, bulk, yard and height regulations.

17.22.050 Parking.

17.22.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in the C-O districts. (Ord. 38 1 (part), 1972: prior code 10-404.061)

17.22.020 Permitted uses.

The following uses shall be permitted in the C-O districts:

A. Administrative, professional and business offices; B. Accessory uses such as pharmacies in connection with medical offices, restaurants which are clearly subordinate to the main use of the building; C. Parking lots improved in conformity with the standard prescribed for required off-street facilities in Chapter 17.62;
D. Other uses which, in the opinion of this planning director, are similar to and no more offensive than the above-listed uses. (Ord. 38 1 (part), 1972: prior code 10-404.062)

17.22.030 Conditional uses.

The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:

A. Any use permitted in the C-1 zone provided that the use is integrated within a development primarily devoted to office use;
B. Restaurants and on-premises sale of alcoholic beverages where food is served;

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

57 C. Live entertainment;
D. Nonprofit community theater groups which hold or have applied for a license for the on-sale of alcoholic beverages pursuant to Section 24045.7 of the Alcoholic Beverage Control Act and conform to the use requirements within the C-O zoning district shall be allowed to sell alcoholic beverages to ticket holders for the limited purpose of on-site consumption within the confines of the building in which the permit to operate has been issued subject to all of the following:

1. Sale and service of alcoholic beverages shall be in accordance with all applicable state laws and may only occur during intermission, and one hour prior to and one hour after a bona fide theater performance of the theater group. (Ord. 445 1, 1997: Ord. 211 2, 1981; Ord. 38 1 (part), 1972: prior code 10-404.063)

17.22.040 Area, bulk, yard and height regulations.

The following area, bulk and height regulations shall apply in the C-O districts:

Minimum Building
Site
Minimum Yards Maximum Maximum
Average Minimum Required Height Coverage
Width Area Front Side Rear Permitted Permitted
(ft.) (sq. ft.) (ft.) (ft.) (ft.) Stories Ft. (%)
75 10,000 20 10 10 3 36 35
(Ord. 38 1 (part), 1972: prior code 10-404.064)

17.22.050 Parking.

Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 1 (part), 1972: prior code 10-404.065)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

58 EXHIBIT K
Chapter 17.24
C-1 NEIGHBORHOOD BUSINESS DISTRICT
Sections:
• 17.24.010 Regulations generally.
• 17.24.020 Permitted uses.
• 17.24.030 Conditional uses.
• 17.24.040 Area, bulk, yard and height requirements. • 17.24.050 Parking and loading.
• 17.24.060 Use enclosure requirements.

17.24.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all C-1 districts.

A. No use shall be permitted the nature or manner of operation of which is determined by the planning commission to be unduly detrimental or injurious to other properties in the vicinity or uses thereon or to the general public welfare by reason of the emission of odor, dust, smoke, noise, vibrations, electrical or other disturbances.

B. Any recreational or instructional school or business teaching or offering dance, music, singing, gymnastics, boxing, wrestling, martial arts, sports training, and fitness training shall, with the exception of allowing ingress into and egress out of the school or business, keep all of the windows and doors serving the facility closed when conducting noise-generating activities such as classes, training, instructions, recitals, exhibitions or performances.

C. No existing gasoline service station shall be permitted to alter or convert its operations or physical plant in such a fashion that either or both of the following occur:

1. Automotive service bays are decreased in number or eliminated and automotive service is diminished or eliminated.

2. Sale of nonautomotive repair, service or operations items occurs by any means other than by use of vending machines. (Ord. 565 § 1 (part), 2011: Ord. 330 1, 1986: Ord. 38 1 (part), 1972: prior code 10-404.071)

17.24.020 Permitted uses.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

59 The following uses shall be permitted and/or limited in the C-1 districts:

A. Retail stores and service establishments which supply commodities or provide services primarily to meet the needs of residents of the surrounding residential districts, such as grocery stores, bakery outlets, drugstores, barber or beauty shops, liquor stores (package goods only), delicatessens, florist shops, laundromats, clothes cleaning pickup stations, variety stores, hardware stores, TV repair shops and other uses which, in the opinion of the city planning director (director of planning and development services), are similar. Shopping center use limitations and regulations adopted as use permit conditions of approval, which were in effect on (ordinance codified in this subsection adoption date) notwithstanding, retail stores which, in the sole judgment of the city, are determined to be other than primarily neighborhood-serving may, upon prior review and written approval of the director of planning and development services, be allowed but shall be limited to a maximum of thirty-three percent of a neighborhood shopping center’s gross square footage. In addition, such uses shall not create a demand for parking which exceeds the existing capacity of the parking lot serving the center, nor shall they individually or collectively violate any provision of Chapter 17.68 of this title. The determination regarding whether or not there is sufficient parking capacity to serve the proposed use(s) and all other existing uses shall be made solely by the city after it receives information from the shopping center owner establishing the gross square footage of the center and individual stores.

In determining whether or not to approve a request to allow a retail store which is other than primarily neighborhood-serving, the director of planning and development services shall base such a decision on an assessment of the demand for parking that will be created by the store, the existing capacity of the parking lot serving the shopping center, the presence or possible occurrence of parking problems due to insufficient parking to serve the proposed store or existing stores, an assessment of the ability of the proposed store to meet the provisions of Chapter 17.68 of this title, as well as any other possible public nuisance impacts; B. Administrative, professional and business offices; C. Restaurants (except drive-in or walk-up restaurants), tea rooms, cafes or soda fountains not including entertainment or the sale of alcoholic beverages for consumption upon the premises;
D. Parking lots improved in conformity with the standards prescribed for required off-street parking facilities in Chapter 17.62;

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

60 E. Emergency shelters and Low-Barrier Navigation Centers pursuant to Chapter 17.82. (Ord. 578 § 7, 2013; Ord. 384 1, 1991; Ord. 38 1 (part), 1972: prior code 10-404.072)

17.24.030 Conditional uses.

The following uses shall be permitted only when authorized by a conditional use permit issued in accordance with Chapter 17.72:

A. Automobile service station;
B. The on-premises sale of alcoholic beverages where food is served; C. Walk-up or take-out restaurants designed for food consumption on the premises but outside of the building;
D. Churches and other religious institutions;
E. Private clubs and lodges;
F. Public buildings and grounds, public utility and public service structures or installations when found by the commission to be necessary for public health, safety or welfare; G. Incidental and accessory structures and uses located on the same site with and necessary to the operation of a conditional use;
H. Live entertainment;
I. Combination minimart (sale of food or nonautomotive items) and gasoline pumping or service stations subject to Section 17.24.010;
J. The sale of alcoholic beverages as a part of or on the same site as a use also selling gasoline. (Ord. 330
2, 1986: Ord. 211 3, 1981; Ord. 38 1 (part), 1972: prior code 10-404.073)

17.24.040 Area, bulk, yard and height requirements.

The following area, bulk, yard and height regulations shall apply in the C-1 districts:

Minimum Minimum

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

61 Building Site Minimum Yards Maximum Maximum Open
Green
Average Minimum Required Height Coverage Area
Width Area Front Side Rear Permitted Permitted Required (ft.) (sq. ft.) (ft.) (ft.) (ft.) Stories Ft. (%) (%)
50 5,000 0 0 0 1 20 25 15
Where a neighborhood commercial zone abuts a residential zone, no building shall be closer than twenty-eight feet to the residential zone. (Ord. 38 1 (part), 1972: prior code 10-404.074)

17.24.050 Parking and loading.

Parking and loading facilities shall be provided in accordance with the provisions of Chapter 17.62. (Ord. 38 1 (part), 1972: prior code 10-404.075)

17.24.060 Use enclosure requirements.

All uses permitted within this chapter, except parking and other permitted outside accessory uses, shall be conducted within an enclosed building. (Ord. 38 1 (part), 1972: prior code 10- 404.076)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

62 EXHIBIT L
Chapter 17.28

C-M COMMERCIAL MIX DISTRICT
Sections:

17.28.010 Regulations generally.

17.28.020 Combining zone required.

17.28.030 Permitted uses.

17.28.040 Area, bulk, yard and height regulations.

17.28.050 Parking.

17.28.010 Regulations generally.

The specific regulations set forth in this chapter shall apply in all C-M districts.

17.28.020 Combining zone required.

The C-M district shall be used only in conjunction with the combining zone PD (planned development). This requirement is deemed necessary to insure the provision of adequate parking, to minimize potential conflict between dissimilar uses and to provide maximum flexibility of development. (Ord. 38 § 1 (part), 1972: prior code § 10-404.092)

17.28.030 Permitted uses.

A. The uses permitted within the C-M district are only those uses specified within the use permit required in connection with such district. Other uses may be approved from time to time by the planning commission and found to be similar to the uses previously approved.

B. Cannabis testing laboratories may be an allowable use within the required use permit only in that portion of the C-M district that is located north of California State Highway Route 92, subject to the requirements of Chapter 8.10 and subject to the requirements of this chapter.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

63 C. No use shall be established on a parcel of land which causes the amount of parking required by this title for that parcel to exceed the number of parking spaces provided. Where combined use of parking is requested, the number of parking spaces provided shall not be reduced below the number of spaces required by the maximum user. (Ord. 616 § 6, 2018: Ord. 38 § 1 (part), 1972: prior code § 10-404.093)

17.28.040 Area, bulk, yard and height regulations.

Area, bulk, yard and height regulations shall be established within the use permit required on the subject property. (Ord. 38 § 1 (part), 1972: prior code § 10-404.094)

17.28.050 Parking.

Parking shall be provided in accordance with Chapter 17.62. (Ord. 38 § 1 (part), 1972: prior code § 10-404.095)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

64 EXHIBIT M
Chapter 17.32

PUBLIC FACILITIES DISTRICT
Sections:

17.32.010 Regulations generally.

17.32.020 Permitted uses.

17.32.030 Conditional uses.

17.32.040 Prohibited uses.

17.32.050 Use conditions and standards.

17.32.010 Regulations generally.

The P-F public facilities district is reserved for the construction, use and occupancy of governmental, public utility and educational buildings and facilities, and other uses compatible with the semipublic character of the district. (Ord. 38 1 (part), 1972: prior code 10-404.111)

17.32.020 Permitted uses.

The following uses shall be permitted in the P-F districts:

A. Buildings and facilities owned, leased or operated (whether in a governmental or proprietary capacity) by the city, the county, the state, or the federal governments, any public school district or any other public district within the city.

B. Emergency shelters and Low-Barrier Navigation Centers for the homeless pursuant to Chapter 17.82. (Ord. 578 § 8, 2013: Ord. 38 1 (part), 1972: prior code 10-404.112)

17.32.030 Conditional uses.

The following uses shall be permitted subject to the issuance of a conditional use permit:

A. Public service buildings and accessory uses;
B. Public utility buildings and service facilities;
C. Electric distribution substations;
D. Church, convent, monastery, parsonage or nunnery;

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

65 E. Private or public golf course;
F. Schools, public and private;
G. Privately-operated concessions leased or permitted by a governmental agency on its property;
H. Other uses which are compatible with the semipublic character of the district. (Ord. 38 1 (part), 1972: prior code 10-404.113)

17.32.040 Prohibited uses.

The following uses shall be prohibited:

A. Storage or parking of commercial or industrial vehicles, except for the purpose of loading or unloading;
B. Storage of materials, supplies or equipment for commercial or industrial purposes. (Ord. 38 1 (part), 1972: prior code 10-404.114)

17.32.050 Use conditions and standards.

Each use, and incidental or accessory use, permitted shall comply with the following standards and conditions notwithstanding any of the provisions of this title.

A. A minimum of fifteen percent of each lot shall be devoted to landscape area.

B. The minimum front yard, side yards and rear yard required in this district shall be equal to those required in the most restrictive abutting zoning district. Except where property in this district abuts property in any other district, the minimum yard required shall be the same as that required along the same property line in the abutting district.

C. The maximum structural coverage shall not exceed the maximum structural coverage in the most restrictive zoning district abutting the property. (Ord. 38 1 (part), 1972: prior code 10- 404.115)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

66 EXHIBIT N
Chapter 17.55

REPLACEMENT UNITS
Sections:
• 17.55.010 Purpose.
•17.55.020 Requirements for Replacement Units.

17.55.010 Purpose.

The purpose of the Replacement Unit Requirement established by this chapter is to ensure that, through preservation or replacement, the City maintains, at minimum, its current level of homes affordable to low-income families.

17.55.020 Requirements for Replacement Units.

A. Development projects within the City shall not result in a net housing loss. If the Community Development Director determines that a development project would result in a net housing loss, the developer shall replace residential units to be removed, whether the units to be removed are occupied or not. Residential units shall be replaced on a one-for-one basis and shall be applied for and built concurrently with the development project. Replacement units shall be located within the same neighborhood as the units removed but need not be located on the same site as previously existed.

B. Development projects shall meet the following standards, subject to the approval of the Community Development Director:

1. Applicability.
a. Current or Past Residential Use. Replacement requirements shall be applicable for sites that currently have residential uses, or within the past five years (based on the date the application for development was submitted) have had residential uses that have been vacated or demolished, and:

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

67 i. Were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low- income, or
ii. Subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or
iii. Occupied by low or very low-income households
b. A housing development project shall not be approved if it will require the demolition of residential dwelling units, regardless of whether the parcel was listed in the inventory, unless
i. The project will create at least as many residential dwelling units as will be demolished, and
ii. Certain affordability criteria are met, as further described by California Government Code Section 66300(d).

2. Vacation of Unit. Each tenant shall have the right to remain no fewer than sixty days from the date of city approval of a development project application. The community development director may grant an extension to this right to remain for a period of time not to exceed an additional thirty days.

3. No Increase in Rent. A tenant’s rent shall not be increased during the period provided in subsection (B)(2) of this section.

4. Affordability of Units. The development project shall include dwelling units affordable to very low- or low--income households, at rents or sales prices that meet the City’s affordable housing standards. The number of dwellings to be rented or sold at affordable levels

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

68 shall equal the maximum number of affordable dwellings that existed within the twenty-four- month period immediately prior to the application for the conversion permit, and according to the affordability guidelines described in California Government Code Sections 65583.2(g)(3) and 65915(c)(3)(B) for replacement units.

When a project is approved, for each unit merged, demolished or eliminated, the developer shall be required to provide an affordable designated unit in the new project to a qualifying household in perpetuity. The developer shall enter a regulatory agreement with the City to provide for the provision of any such units, and the regulatory agreement shall be recorded with the San Mateo County Recorder's Office.

5. Tenant Relocation Assistance. For very low- or low -income residents displaced by the development project, the developer shall provide relocation assistance, subject to the approval of the director. Such assistance may include, but is not limited to, giving tenants the first right of refusal to purchase or rent affordable replacement units, reimbursement of moving costs, and/or providing rental assistance.

6. No permit to demolish a residential building in any zoning district shall be issued until a building permit for the replacement structure is approved and the time for filing an appeal or court action has lapsed with no appeal or court action filed, unless the building is determined to pose a serious and imminent hazard as defined in the Building Code. In the event an appeal or court action is filed, a permit to demolish a residential building shall not be issued unless the appeal is resolved in favor of the demolition, or the court action upholds the demolition.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

69 EXHIBIT O
Chapter 17.70

NONCONFORMITY USES
Sections:

17.70.010 Regulation generally.

17.70.020 Existing nonconformities.

17.70.030 Continuation.

17.70.040 Nonconforming building—Alteration—Generally.

17.70.050 Nonconforming building—Alteration—Permit required.

17.70.060 Nonconforming building—Destruction and restoration.

17.70.070 Nonconformance designation until use permit issuance.

17.70.080 Nonconforming building—Time for conformance—Generally.

17.70.090 Nonconforming building—Time for conformance—Designations.

17.70.100 Nonconforming building—Maintenance and repairs.

17.70.110 Nonconforming building—Under the three thousand dollars’ valuation.

17.70.120 Nonconformity due to redistricting.

17.70.130 Nonconforming fences, walls and hedges.

17.70.010 Regulation generally.

Except as otherwise provided in this title, uses of land, buildings or structures existing at the time of the adoption of the ordinance codified in this title may be continued, although the particular use or the building or structure does not conform to the regulations specified by this title for the district in which the particular building or structure is located or use is made; provided however, no nonconforming structure or use of land may be extended to occupy a greater area of land, building or structure than is occupied at the time of the adoption of the ordinance codified herein. If any nonconforming use is discontinued or abandoned, any subsequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a nonconforming building may be changed to another use of the same or more restrictive classification or a more restrictive nonconforming use. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law, for the period of six months, it shall be conclusively presumed that such use has been abandoned within the meaning of this title, and

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

70 all future uses shall comply with the regulations of the particular district in which the land or building is located. (Ord. 38 § 1 (part), 1972: prior code § 10-407.010)

17.70.020 Existing nonconformities.

The regulations prescribed in Chapters 17.12 through 17.34 shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this title or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure unless otherwise specified in this title. (Ord. 38 § 1 (part), 1972: prior code § 10-407.020)

17.70.030 Continuation.

If any lands upon which no building or structure of any kind is located are used for a purpose which is not in compliance with the regulations of the district where such lands are located, such use may continue for a period of five years from the date of the adoption of the ordinance codified in this title. After the expiration of the aforementioned five-year period, such lands shall be used only in conformance with the regulations of the district in which they are located. (Ord. 38 § 1 (part), 1972: prior code § 10-407.030)

17.70.040 Nonconforming building—Alteration—Generally.

Any building or structure existing at the date of the adoption of the ordinance codified in this title which is nonconforming either in use, design or arrangement shall not be enlarged, extended, reconstructed or structurally altered unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this title for the district where such building or structure is located; provided, however, any such nonconforming building or structure may be maintained, repaired or portions thereof replaced do not exceed twenty-five percent of the building’s market value (as established by a qualified appraiser selected by the city), with the exception that residential dwellings, not including accessory structures, constructed prior to 1972 with all required permits, and other improvements to the dwelling that received all required permits, shall be allowed to be reconstructed to their original or approved condition with respect to building setbacks, building orientation, height and architectural design if the cause of reconstruction is due to fire, explosion, flood, earthquake, tsunami, seiche or other natural disasters. (Ord. 410 1 (part), 1994: Ord. 38 1 (part), 1972: prior code 10-407.040)

17.70.050 Nonconforming building— Alteration—Permit required.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

71 Before any nonconforming structure may be replaced, substantially altered or repaired, rebuilt, in any district, a permit shall be secured from the planning commission or the community development director as appropriate, authorizing such replacement, change or repair. (Ord. 410 1 (part), 1994: Ord. 38 1 (part), 1972: prior code 10-407.050)

17.70.060 Nonconforming building— Destruction and restoration.

A nonconforming building destroyed to the extent of more than fifty percent of its market value (as established by a qualified appraiser selected by the city) at the time of its destruction by fire, explosion or other casualty or act of nature may be restored and used only in compliance with the regulations existing in the district wherein it is located with the exception that residential dwellings, not including accessory structures, constructed prior to 1972 with all required permits, and other improvements to the dwelling that received all required permits, shall be allowed to be reconstructed to their original or approved condition with respect to building setbacks, building orientation, height and architectural design if the cause of reconstruction is due to fire, explosion, flood, earthquake, tsunami, seiche or other natural disasters. (Ord. 410 1 (part), 1994: Ord. 38 1 (part), 1972: prior code 10-407.060)

17.70.070 Nonconformance designation until use permit issuance.

Any use for which a use permit is required by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Chapter 17.72. (Ord. 38 1 (part), 1972: prior code 10-407.070)

17.70.080 Nonconforming building—Time for conformance—Generally.

In all districts, every nonconforming building which was designed or intended for a use excluded from said districts shall be completely removed, or shall be altered and converted to a conforming building, when it reaches the age specified in Section 17.70.090; provided, however, that no such removal, alteration or conversion shall be required prior to fifteen years from the date of adoption. (Ord. 38 1 (part), 1972: prior code 10-407.080)

17.70.090 Nonconforming building—Time for conformance—Designations.

The type of building shall be as defined in the building code of the city, as adopted and amended. The age of a building or structure shall be computed from the date the building or structure was erected.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

72 Type of Building Age of Building
I or II 30 years
III or IV 20 years
V 15 years
If any building becomes subject to the provisions of this chapter by virtue of any amendment to this title, no removal, alteration or conversion of such building shall be required within five years of the effective date of the amendment. (Ord. 38 1 (part), 1972: prior code 10-407.090)

17.70.100 Nonconforming building— Maintenance and repairs.

Ordinary maintenance and repairs may be made to any nonconforming building, providing no structural alterations are made and provided that such work does not exceed fifteen percent of the fair market value in any one-year period. Other repairs or alterations may be permitted, provided that a use permit shall first be secured in each case. (Ord. 38 1 (part), 1972: prior code 10-407.100)

17.70.110 Nonconforming building—Under the three thousand dollars’ valuation.

Any structure which does not conform to the regulations of the district in which it is located, and which had an assessed valuation of three thousand dollars or less at the time it became nonconforming, shall be removed, or altered or reconstructed to be structurally conforming, within five years from the time the structure became nonconforming. The building official shall cause notice to be given to the owners of any such structure at least one year prior to the time removal or alteration is required to be completed until such one-year period has lapsed. This provision shall apply to nonconforming uses constructed with or without a legal permit. (Ord. 38 1 (part), 1972: prior code 10-407.110)

17.70.120 Nonconformity due to redistricting.

The foregoing provisions of this chapter shall apply to structures, land and uses which hereafter become nonconforming due to redistricting of any lands under the provisions of this title. (Ord. 38 1 (part), 1972: prior code 10-407.120)

17.70.130 Nonconforming fences, walls and hedges.

Other sections of this chapter notwithstanding, the following regulations shall apply to fences, walls and hedges:

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

73 A. Existing fences and walls which were legally constructed or installed pursuant to the regulations in effect at the time of construction but do not meet the criteria established in Chapter 17.52 shall be considered legal nonconforming and shall be allowed to remain until such time as twenty-five percent of the area of the subject fence or wall is replaced or remodeled, except that fences and walls which are in violation of Section 17.52.030 and thereby interfere with sight-distance at intersections shall conform to the most current regulations. At such time as any legal nonconforming fence or wall is replaced or remodeled, it shall conform to the criteria established in Chapter 17.52 and shall be subject to the architectural review process as described therein.

B. Fences or walls which do not conform to current regulations shall be presumed to have been legally constructed and therefore be considered legal nonconforming unless it can be demonstrated by the city that the fence or wall did not conform to the regulations in effect at the time of construction.

C. Except in instances where hedges create public safety issues by blocking streetlight poles, fire hydrants, water meters, utility boxes, street signs, stop signs, traffic control signs or sidewalks, existing hedges which do not conform to the height requirements established in this chapter shall be pruned in accordance with requirements established in Chapter 17.52 by January 1, 2016, unless registered with the city or granted an exception pursuant to Section 17.52.070. (Ord. 589 § 1 (part), 2014: Ord. 351 1, 1988)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

74 EXHIBIT P
Chapter 17.78

ACCESSORY DWELLING UNITS
Sections:

17.78.010 Findings.

17.78.020 Purpose.

17.78.030 Application.

17.78.040 Definitions.

17.78.050 Permit application for an accessory dwelling unit.

17.78.060 Standards applicable to single-family residence zoning districts.

17.78.070 Standards applicable to multifamily residence zoning districts.

17.78.080 Parking requirements for accessory dwelling units.

17.78.090 Permit issuance.

17.78.100 Other provisions.

17.78.010 Findings.

A. The adoption of an accessory dwelling unit ordinance which permits accessory dwelling units by ministerial review in residential zoning districts is consistent with the goals and policies of the Foster City general plan in that accessory dwelling units would help meet the need for affordable housing. Furthermore, construction of accessory dwelling units is not as costly as new construction, because there are no additional land costs, infrastructure costs are reduced, and an accessory dwelling unit can be added at the cost of an addition to, or remodeling of, the main single-family dwelling.

B. The accessory dwelling unit ordinance is intended to permit accessory dwelling units while maintaining the health, safety and welfare of surrounding residents, the character of existing neighborhoods, and the community as a whole. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004: Ord. 279 § 1 (part), 1984)

17.78.020 Purpose.

The purpose of this chapter is to allow ADUs in single-family residence and multifamily residence zoning districts through ministerial permit procedures in compliance with state laws. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004: Ord. 279 § 1 (part), 1984)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

75 17.78.030 Application.

The provisions of this chapter shall apply in residential zoning districts (with or without a planned development combining district). ADUs are not permitted in any other district. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004: Ord. 279 § 1 (part), 1984)

17.78.040 Definitions.

A. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling is situated. The unit shall be clearly subordinate to the primary dwelling unit on the parcel by size, location, and appearance. An ADU also includes the following:

1. An efficiency unit, as defined in California Health and Safety Code Section 17958.1, except that the efficiency unit shall be required to provide complete cooking and sanitation facilities.

2. A manufactured home, as defined in California Health and Safety Code Section 18007, subject to all provisions of this chapter.

3. A conversion ADU or ADU converted from existing spaces is a unit within an existing permitted, legally constructed space, including a subordinate portion of the primary structure, an attached or detached garage, or other accessory building or accessory structure.

B. "High-quality transit corridor” means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

C. “Junior accessory dwelling unit” or “JADU” is defined per California Government Code Section 65852.22, as it may be amended from time to time, and generally means a unit of no more than five hundred square feet, which is located entirely within the walls of an existing or proposed single-family residence, maintains a separate exterior entrance from the main entrance to the single-family residence, maintains an interior connection to the main living area of the single-family residence, either includes separate sanitation facilities or shares sanitation facilities with the existing structure, and includes an efficiency kitchen.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

76 D. “Living area” means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure or building.

E. “Major Transit Stop” means a site containing (a) an existing rail or bus rapid transit station, (b) a ferry terminal served by either a bus or rail transit service, (c) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods, or (d) a major transit stop that is included in the applicable regional transportation plan.

F. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

G. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (Ord. 633 § 3 (part), 2020:

Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004: Ord. 279 § 1 (part), 1984)

17.78.050 Permit application for an accessory dwelling unit.

The application for an ADU permit shall be made by the owners of the subject property in writing to the building division in the form designated by the building division and shall contain the following:

A. A completed building permit application form and applicable fee; B. Written project description;
C. Courtesy neighbor notification report in a form designated by building official indicating adjacent property owners have been notified of the new ADU; D. Plans and drawings as required by the building division; E. A copy of approval from the HOA (if applicable), unless exempt; F. A copy of required deed restriction as included in Section 17.78.100, unless exempt. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004: Ord. 279 § 1 (part), 1984)

17.78.060 Standards applicable to single-family residence zoning districts.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

77 The following shall apply to single-family lots in R-1, R-2 and R-1/PD zoning districts:

A. Number of Units. A single-family lot with a primary dwelling unit may have:

1. One JADU;

2. One ADU (attached or detached); or

3. One newly constructed, detached ADU and one JADU.

B. Junior Accessory Dwelling Units.

1. Owner Occupancy Required. The property owner must reside in either the remaining portion of the primary dwelling unit or the JADU. Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

2. The owner must record a deed restriction as outlined in Government Code Section 65852.22, which shall run with the land, and shall include both of the following:
a. A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this chapter.
c. If a JADU is rented, the unit shall not be rented for a period of less than thirty consecutive calendar days.

C. Attached ADUs. One attached ADU per single-family lot is permitted, subject to the following requirements:

1. Size. The total floor area of an attached ADU shall be not more than one thousand two hundred square feet or fifty percent of the existing or proposed primary dwelling, whichever is less.

2. Location. Attached ADUs shall not be located in the front yard.

3. Setbacks. The side and rear setbacks shall be no less than four feet.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

78 4. Height.
a. An attached ADU shall not exceed twenty-five feet in height, or the height requirement for the primary dwelling, whichever is lower. ADUs shall not exceed two stories in height.

D. Detached ADUs. One newly constructed detached ADU per single-family lot is permitted, subject to the following requirements:

1. Size. The total floor area of a detached ADU shall not exceed one thousand two hundred square feet or fifty percent of the existing or proposed primary dwelling, whichever is less.

2. Location. Detached ADUs shall not be located in the front yard.

3. Setbacks.
a. The side and rear setbacks shall be no less than four feet. b. The separation between the detached ADU and the primary dwelling shall be as per California Residential Code.

4. Height. A detached ADU shall not exceed sixteen feet in height, except in the following cases:
a. Where an ADU is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in this code section, it shall not exceed eighteen feet in height, with the exception that two feet of height may be added to this to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
b. Where an ADU is on a lot with an existing or proposed multifamily, multistory dwelling, it shall not exceed eighteen feet in height.

E. Conversion ADUs. One conversion ADU per single-family lot is permitted, subject to the following requirements:

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

79 1. Size. The total floor area of detached and attached conversion ADU may be up to one thousand two hundred square feet as long as it does not exceed fifty percent of an existing or proposed primary dwelling.

2. Setbacks. No setbacks shall be required for ADU conversions of:
a. Existing living space in the primary dwelling.
b. Existing accessory buildings constructed in the same location and to the same dimensions.
c. Existing attached or detached garages in single-family neighborhoods.

Notwithstanding the provisions of this section, conversion ADUs shall provide sufficient side and rear setbacks for fire safety.

3. Height. A conversion ADU shall not alter the height of the existing structure (primary dwelling, accessory building, or garage) that is being converted.

4. Other Standards.
a. Conversion ADUs in existing accessory structures may expand the existing dimensions of the structure no more than one hundred fifty square feet to accommodate ingress/egress. Any such expansion shall count towards the size of the ADU.

F. Additional Requirements.

1. All JADUs and ADUs shall comply with the current Uniform Building Code, as adopted by the city and all related safety codes.

2. All JADUs and ADUs shall provide exterior access that is separate from the primary dwelling.

3. Except as specified in this section, ADUs shall comply with lot coverage, open space and other zoning standards applicable to the primary dwelling, except in no event shall the application of any of these standards preclude at least an eight-hundred-square-foot ADU that is up to sixteen feet in height. (Ord. 633 § 3 (part), 2020)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

80 17.78.070 Standards applicable to multifamily residence zoning districts.

The following shall apply to multifamily dwelling lots in R-3, R-4 and R-T (with or without a planned combining district) zoning districts:

A. Conversion ADUs. ADUs are permitted within portions of existing legally permitted multifamily dwelling structures that are not used as livable space including storage rooms, boiler rooms, passageways, attics, basements, and garages, subject to the following requirements:

1. Number of ADUs. At least one ADU within an existing multifamily building and no more than twenty-five percent of the existing multifamily dwelling units shall be permitted.

2. Size. The total floor area of a conversion ADU shall not exceed eight hundred fifty square feet for a studio or one bedroom, or one thousand square feet for an ADU with two or more bedrooms.

3. Existing livable space may not be converted into an ADU.

B. Detached ADUs.

1. Number of ADUs. Up to two detached ADUs are permitted on a multifamily lot that has an existing multifamily building.

2. Size. The total floor area of a detached ADU shall not exceed eight hundred fifty square feet for a studio or one bedroom, or one thousand square feet for an ADU with two or more bedrooms.

3. Setbacks.
a. The side and rear setbacks shall be no less than four feet. b. The separation between the detached ADU and the primary dwelling shall be as per California Building Code.

4. Height. A detached ADU shall not exceed sixteen feet in height. (Ord. 633 § 3 (part), 2020)

17.78.080 Parking requirements for accessory dwelling units.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

81 A. Parking requirements for newly constructed ADUs shall not exceed one parking space per unit or per bedroom, whichever is less. This space may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the nondriveway front yard setback. Exception to the requirement for provision of one parking space may be made per subsection B of this section.

B. Parking is not required in the following instances:

1. The ADU is located within one-half mile walking distance of public transit.

2. The ADU is a conversion ADU.

3. When there is an approved car share vehicle for which a Foster City business license has been issued and remains active, located within one block of the accessory dwelling unit.

4. JADU.

5. ADU that only includes a studio with no bedroom. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017)

17.78.090 Permit issuance.

Pursuant to Government Code Section 65852.2 mandating ministerial approval of ADUs if all of the applicable standards are met, the chief building official or his/her designee shall approve the ADU permit within sixty days of the complete application being submitted. If the ADU or JADU is proposed as part of a new or remodeled primary residence, the ADU or JADU is not subject to the sixty-day timeline and shall be permitted in conjunction with the new or remodeled primary residence, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. (Ord. 633 § 3 (part), 2020: Ord. 611 § 3 (part), 2017: Ord. 511 § 2, Exh. A (part), 2004. Formerly 17.78.070)

17.78.100 Other provisions.

A. Unless exempt from the owner-occupancy requirement per subsection B of this section, prior to obtaining a building permit for an ADU, an owner-occupancy deed restriction, approved by the city attorney, shall be recorded with the county recorder’s office, which shall include the pertinent restrictions and limitations of an ADU identified in this section including but not limited

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

82 to: prohibition of the sale of the ADU separate from the sale of the single-family residence; restrictions on the size and attributes of the ADU; and prohibitions on rentals less than thirty consecutive days. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns.

B. Owner Occupancy. Notwithstanding the foregoing or any other provision of this chapter, no owner-occupancy requirement shall be enforced and no deed restriction shall be required for ADU permit applications submitted between January 1, 2020, and December 31, 2024.

C. Delay in Enforcement of Unpermitted ADUs. For any unpermitted or substandard ADU built before January 1, 2020, upon an owner’s request, the city’s chief building official shall delay enforcing any building standards if the building official determines that the unpermitted ADU meets health and safety standards. This provision shall sunset on January 1, 2030; however, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay.

D. Any ADU may be leased to a maximum of two paying guests, for a period not fewer than thirty consecutive days. If an ADU is constructed pursuant to all of the provisions described herein, the primary residence may be leased to a maximum of two paying guests for a period not fewer than thirty consecutive days. In no case, except as specified in subsection B of this section, shall both the primary residence and ADU on a lot be leased simultaneously.

E. An ADU shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

F. ADUs that are seven hundred fifty square feet or smaller are exempt from impact fees.

G. Notwithstanding the provisions of this section, the requirements for newly constructed ADUs shall not preclude constructing one ADU of at least eight hundred square feet, which is not more than sixteen feet in height, and at least four feet setback from the side and rear property lines.

H. Notwithstanding any other provision of this code, an applicant shall not be required to correct nonconforming conditions on the subject property as a condition of obtaining permits to construct an ADU or JADU. (Ord. 633 § 3 (part), 2020)

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

83 I. Any properties with ADUs built or developed by a nonprofit corporation may qualify to be sold or conveyed separately from the primary residence, pursuant to California Government Code Section 65852.26. A qualified nonprofit corporation is a nonprofit corporation which is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

84 EXHIBIT Q
Chapter 17.82

EMERGENCY SHELTERS, LOW-BARRIER NAVIGATION CENTERS, AND SUPPORTIVE

HOUSING
Sections:

17.82.010 Findings.

17.82.020 Purpose.

17.82.030 Permit Required.

17.82.040 Performance standards.

17.82.050 Definitions.

17.82.010 Findings.

A. Emergency Shelters. Through the passage of SB2, the state requires all jurisdictions to provide zoning to permit homeless shelters “by right” as a permitted use without requiring use permits or other discretionary approvals. B. Low-Barrier Navigation Centers. Through the passage of AB101, the state requires all jurisdictions to provide zoning to permit low-barrier navigation centers “by right” as a permitted use without requiring use permits or other discretionary approvals.

C. The city has considered the needs for programs to address homelessness in the housing element and has included policies and implementation programs in the housing element to include provisions in this title to address emergency shelters and low-barrier navigation centers for the homeless. (Ord. 578 § 2 (part), 2013)

17.82.020 Purpose.

A. The purpose of the emergency shelter regulations is to provide standards that will encourage and facilitate the development of, or conversion of existing facilities to, an emergency shelter. (Ord. 578 § 2 (part), 2013)B. The purpose of the low-barrier navigation center regulations is to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

85 C. The purpose of the supportive housing regulations is to ensure that supportive housing is constructed and operated in a matter consistent with the requirements and allowances of state law, specifically Article 11 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with Government Code Section 65650.

17.82.030 Permit Required.

A. Low-Barrier Navigation Centers. A planning permit is required prior to establishment of any low-barrier navigation center project. Within 30 days of receipt of an application for a Low- Barrier Navigation Center development, the local jurisdiction shall notify a developer whether the developer’s application is complete pursuant to Section 65943. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the local jurisdiction shall act upon its review of the application.

B. Supportive Housing. A planning permit is required prior to establishment of any supportive housing project meeting either of the following criteria (1. and 2., below). The permit shall be a ministerial action without discretionary review or a hearing. For projects up to 50 units, action shall be taken within 60 days of a complete application being filed; for projects with more than 50 units, action shall be taken within 120 days.

1. Supportive housing projects in all zones where multifamily and mixed uses are permitted.

2. Supportive housing projects in non-residential zones where all the following requirements are met:
a. Units within the development are subject to a recorded affordability restriction for 55 years.
b. One hundred percent of the units, excluding the manager unit(s), within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. c. At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units,

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

86 excluding manager unit(s), in the development shall be restricted to residents in supportive housing.
d. Non-residential floor area shall be used for on-site supportive services in the following amounts:
i. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
ii. For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
e. The developer replaces any dwelling units on the site of the supportive housing development to ensure that any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
f. Units within the development, excluding manager unit(s), include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator

17.82.040 Performance standards.

A. Emergency shelters, as defined in Section 17.04.203, shall be allowed in any district where they are listed as a permitted use without discretionary permits or approvals, provided they comply with the following standards:

1. Property Development Standards. An emergency shelter shall conform to all property development standards of the zoning district in which it is located except as modified by these performance standards.

2. Maximum Number of Persons/Beds. An emergency shelter shall contain a maximum of twenty beds and shall serve no more than twenty homeless persons.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

87 3. Minimum Parking Requirements. Emergency shelters shall provide one parking space for each employee or volunteer on duty when the shelter is fully open to clients, plus one parking space for every family (as defined in Section 17.04.210) sheltered and 0.35 parking spaces for each nonfamily bed. The community development director shall reduce the parking requirements if the shelter can demonstrate a lower need. The shelter shall also provide bicycle parking of at least 0.5 spaces for each bed.

4. Size and Location of Interior On-Site Waiting and Client Intake Areas. Emergency shelters shall provide at least ten square feet of interior waiting and client intake space per bed.

In addition, there shall be a minimum of one private office. Waiting and intake areas may be used for other purposes as needed during operations of the shelter, including communal space.

5. Provisions of On-Site Management and Security. On-site management shall be present at all times that the emergency shelter is in operation. Before opening, shelters shall develop and implement a management plan that addresses all points that pertain to emergency shelters in the latest quality assurance standards developed by the San Mateo County HOPE quality improvement project and meets at least the minimum standards, except where other standards are provided by this chapter. Shelters must prepare and implement a security and emergency plan as part of the management plan and train staff about the plan. A copy of the management plan shall be provided to the community development director for approval. The community development director shall approve the management plan if it meets the minimum requirements in the latest quality assurance standards developed by the San Mateo County HOPE quality improvement project.

6. Proximity to Other Shelters. No emergency shelter shall be located within three hundred feet of another emergency shelter.

7. Length of Client Stay. The maximum length of stay in any emergency shelter shall be limited to no more than sixty total days within one calendar year unless an extension is granted.

Extensions up to a total stay of one hundred eighty total days within one calendar year may be provided if no alternative housing is available. Information on length of client stays shall be provided to the community development director upon request.

8. Lighting. There shall be a minimum of ten candlefoot power at the door of the emergency shelter and extending in an unobstructed direction outward five feet. There shall be a minimum of two candlefoot power in other areas accessible from the street. The lighting shall

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

88 be stationary and directed away from adjacent properties and public rights-of-way. These lighting requirements shall be in effect from thirty minutes after sunset until thirty minutes before sunrise. Shelters may propose an alternate lighting plan, which must be agreed to by the community development director. The alternate lighting plan must provide adequate external lighting for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.

9. Nondiscretionary Design Standards. In addition to nondiscretionary design standards required for other housing in the zone, emergency shelters shall meet the following requirements:
a. Shelters shall have a designated outdoor smoking area not visible from the street.
b. There shall be no space for outdoor congregating in front of the building and no outdoor public telephones.
c. There shall be a refuse area screened from view.
d. Shelters shall provide access for persons with disabilities. (Ord. 578 § 2 (part), 2013)
B. A Low-Barrier Navigation Center development is a use by-right in certain zones, if it meets the following requirements:

1. Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

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89 3. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

C. Supportive housing projects shall comply with all the following standards:

1. The project may be required to comply with any written objective standards or policies also required of multifamily developments in the same zone.

2. The applicant shall submit a plan for providing supportive services, to include all the following items:
a. Documentation that supportive services will be provided on-site. b. The name of the proposed entities that will provide supportive services. c. The proposed funding sources for the services provided. d. Proposed staffing levels

3. No minimum parking requirements shall be required for the units occupied by supportive housing residents for projects located within one-half mile of a public transit stop.

17.82.050 Definitions.

The following definitions shall pertain to this section only.

A. Lower Income Households. This term shall have the same meaning as defined in Section 50079.5 of the Health and Safety Code.

B. Supportive Services. Services would include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

C. Target Population. Persons, including persons with disabilities, and families who are homeless, as that term is defined by Section 11302 of Title 42 of the United States

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

90 Code, or who are homeless youth, as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code.

6.2 Exhibits A through Q to Ordinance Adopting Various Text Amendment

91 ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF FOSTER CITY RESCINDING CHAPTER 17.56 FLOOR AREA STANDARDS OF TITLE 17, “ZONING” OF THE FOSTER CITY MUNICIPAL CODE TO IMPLEMENT HOUSING POLICY H-D-9 AND PROGRAM H-D- 9-d IDENTIFIED IN THE 2015-2023 HOUSING ELEMENT FINDING THE AMENDMENT WITHIN THE SCOPE OF THE NEGATIVE DECLARATION ADOPTED FOR THE 2015- 2023 HOUSING ELEMENT – RZ2022-0003

CITY OF FOSTER CITY
WHEREAS, there is a shortage of affordable housing in the City of Foster City (“City”) as documented in the RHNA 5 Housing Element for the 2015-2023 Planning Period and the RHNA 6 Draft Housing Element for the 2023-2031 Planning Period; and WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, the staff reports dated November 15, 2022 and December 1, 2022, incorporated herein by reference, explain the relevant requirements of State law that require corresponding changes in the Foster City Municipal Code in order for the City’s regulations to be compliant with State law; and
WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and
WHEREAS, said zoning actions, combined with the City’s inclusionary housing requirements of Chapters 17.90 and 17.92 are steps that the City can take to attempt to increase the supply of housing, including below market rate housing to meet the City’s regional share of very low-, low- and moderate-income housing needs and the needs of special groups, including the elderly, disabled, small and large families, and local workers; and
WHEREAS, provision of housing at a variety of sizes and income levels will reduce Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work; and WHEREAS, provision of housing at a variety of sizes and income levels will support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and

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WHEREAS, provision of housing at a variety of sizes and income levels will affirmatively further the policies and purposes of the Fair Housing Act, also known as “Affirmatively Further Fair Housing” by reducing segregation and concentration of poverty; and
WHEREAS, a joint Planning Commission and City Council Study Session was held to review the proposed changes on November 15, 2022; and WHEREAS, the Negative Declaration prepared for the 2015-2023 Housing Element adopted on February 2, 2016 evaluated implementation of the 2015-2023 Housing Element, including the amendment of Title 17, “Zoning”, to provide zoning incentives that encourage the development of diverse housing types, including smaller, more affordable units, including amendment of Chapter 17.56, and concludes that the 2015-2023 Housing Element will not have a significant effect on the environment; and WHEREAS, the Planning Commission considered the proposed zoning text amendments to Title 17, “Zoning,” at a noticed Planning Commission public hearing on December 1, 2022 including as required by Government Code Sections 65856 and 65090, the Notice contained the information required by Government Code Section 65094, and was published in compliance with Government Code Section 6061 on November 16, 2022 in the Foster City Islander, a newspaper of general circulation with the City of Foster City in an advertisement of full page size; and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, the Planning Commission of the City of Foster City carefully reviewed and considered the staff report and all attachments thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend Title 17, Zoning, of the Foster City Municipal Code as referenced above including any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”) and recommended that the City Council adopt the recommended changes to Title 17 “Zoning” of the Municipal Code by adoption of Planning Commission Resolution No. P-18-22; and
WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Special City Council meeting of January 9, 2023, including as required by Government Code Sections 65856 and 65090, the Notice contained the information required by Government Code Section 65094, and was published in compliance with Government Code Section 6061 on December 28, 2022 in the Foster City Islander, a newspaper of general circulation with the City of Foster City in an advertisement of full page size; and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, the City Council of the City of Foster City carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for

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the public hearing regarding the proposed ordinance to amend Title 17 “Zoning” of the Foster City Municipal Code, any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

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

Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:

1. The foregoing Recitals are true and correct and are incorporated herein by this reference; and

2. The provision of safe and stable housing for households at all income levels is essential for the public welfare of the City. Housing in Foster City, both rental and for-sale housing, has become steadily more expensive and housing costs have gone up faster than incomes. Federal and state government programs do not provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable housing for very low, lower, and moderate income households, as evidenced by the findings in the City’s Housing Element; and

Section 2. Amendment. The City Council does hereby rescind Chapter 17.56, Floor Area Standards, of Title 17, “Zoning” of the Foster City Municipal Code in its entirety, to implement the RHNA 5 Housing Element for the 2015-2023 Planning Period and find the amendment is within the scope of the Negative Declaration prepared for the 2015-2023 Housing Element pursuant to the California Environmental Quality Act.

Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council 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 4. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

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Section 5. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced and read on the 9 th day of January, 2023, and passed and adopted on the 17th day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 6.3 Ordinance Rescinding Chapter 17

95 ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF FOSTER CITY ADOPTING AMENDMENTS TO

THE FOSTER CITY ZONING MAP TO MAKE EDITS TO CONFORM TO ZONING TEXT AMENDMENTS AND IMPLEMENT THE RHNA 6 HOUSING ELEMENT FOR THE 2023- 2031 PLANNING PERIOD AND COMPLY WITH RECENT CHANGES IN STATE LAW

AND FINDING THE AMENDMENTS WITHIN THE SCOPE OF THE ADDENDUM TO THE 2015 FEIR – RZ2022-0002

CITY OF FOSTER CITY
WHEREAS, there is a shortage of affordable housing in the City of Foster City (“City”) as documented in the RHNA 5 Housing Element for the 2015-2023 Planning Period and the RHNA 6 Draft Housing Element for the 2023-2031 Planning Period; and WHEREAS, California Government Code Section 65580(d) states that all cities have a responsibility to use the powers vested in them to facilitate the improvement and development of housing and to make adequate provision for the housing needs of all economic segments of the community; and
WHEREAS, the staff reports dated November 15, 2022, December 1, 2022, and January 9, 2023 incorporated herein by reference, explain the relevant requirements of State law that require corresponding changes in the Foster City Municipal Code in order for the City’s regulations to be compliant with State law; and WHEREAS, said zoning amendments will encourage the development and availability of housing opportunities to a broad range of households with varying income levels within the City as mandated by State Law, and is essential for the public welfare; and
WHEREAS, said zoning actions, combined with the City’s inclusionary housing requirements of Chapters 17.90 and 17.92 will increase the supply of housing, including below market rate housing to meet the City’s regional share of very low-, low- and moderate-income housing needs and the needs of special groups, including the elderly, disabled, small and large families, and local workers; and WHEREAS, provision of housing at a variety of income levels will reduce Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) emissions by providing people at all income levels more opportunities to live near where they work; and WHEREAS, provision of housing at a variety of income levels will support the local economy by making it easier for employers to attract and retain workers by providing people at all income levels more opportunities to live near where they work; and

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WHEREAS, provision of housing at a variety of income levels will affirmatively further the policies and purposes of the Fair Housing Act, also known as “Affirmatively Further Fair Housing” by reducing segregation and concentration of poverty; and WHEREAS, a joint Planning Commission and City Council Study Session was held to review the proposed changes on November 15, 2022; and WHEREAS, the Planning Commission considered the proposed Zoning Map Amendments at a noticed Planning Commission public hearing on December 1, 2022 and adopted Resolution P-17-22 recommending that the City Council adopt the Addendum to the 2015 Final Environmental Impact Report (FEIR) prepared for the Foster City General Plan Update and Climate Action Plan (SCH#2012072003), dated September 2015 and also adopted Resolution P-19-22 recommending that the City Council adopt an ordinance making various zoning map amendments to implement housing sites identified in the Sites Inventory in the Regional Housing Needs Allocation (RHNA), 5th Cycle; and WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration at the Special City Council meeting of January 9, 2023, including as required by Government Code Sections 65856 and 65090, the Notice contained the information required by Government Code Section 65094, and was published in compliance with Government Code Section 6061 on December 28, 2022 in the Foster City Islander, a newspaper of general circulation with the City of Foster City in an advertisement of full page size; and, on said date, the Public Hearing was opened, held and closed; and
WHEREAS, the Council adopted the proposed Addendum to the certified 2015 Final Environmental Impact Report (2015 EIR) for the Foster City General Plan Update and Climate Action Plan (State Clearinghouse #2012072003) via Resolution No. XXX___ on January 9, 2023; and
WHEREAS, the City Council of the City of Foster City carefully reviewed and considered the staff report and all attachment thereto presented as part of the agenda for the public hearing regarding the proposed ordinance to amend Title 17 “Zoning” of the Foster City Municipal Code, any and all timely submitted correspondence, all information submitted at or prior to the public hearing, and all public comment and testimony presented at the public hearing (collectively, the “Record”).

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

Section 1. The City Council does hereby find and determine based upon the aforementioned Record as follows:

1. The foregoing Recitals are true and correct and are incorporated herein by this reference; and

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2. The provision of safe and stable housing for households at all income levels is essential for the public welfare of the City. Housing in Foster City, both rental and for-sale housing, has become steadily more expensive and housing costs have gone up faster than incomes. Federal and state government programs do not provide enough affordable housing to satisfy the needs of very low, low, or moderate income households. As a result, there is a severe shortage of adequate, affordable housing for very low, lower, and moderate income households, as evidenced by the findings in the City’s Housing Element; and

3. The proposed Zoning Map Amendments are consistent with the General Plan, specifically the 2015-2023 Housing Element including Goal H-D Consider Potential Public and Private Redevelopment Opportunities to Increase the Supply of Housing and Program H-D-2-a Tier 1 Housing Opportunity Sites, which specifically calls for additional housing at the subject sites.

4. The Addendum adopted via Resolution No. ____ to the certified 2015 Final Environmental Impact Report (2015 EIR) for the Foster City General Plan Update and Climate Action Plan (State Clearinghouse #2012072003) was prepared to evaluate the changes in the proposed project since certification of the 2015 EIR to include the proposed zoning amendments and concludes that based on the record, there is no substantial evidence to support a conclusion that the Project would result in significant environmental impacts not previously studied in the FEIR and, accordingly, the Project changes would not result in any conditions identified in CEQA Guidelines Section 15162 with respect to the following proposed amendments:
•Zoning Map Amendment of four housing sites in the existing Housing Element for 2015-2023 from R-3 to R-4 because comparing the numbers of additional housing units anticipated in the FEIR for the subject properties to the numbers projected in the Draft Housing Element Update for 2023-2031 with the proposed rezonings, they are the same at Franciscan, Sand Cove (now split to include The Lagoons). Projections for Harbor Cove in the FEIR included 80 apartments in addition to the existing 400 on the site and in the Draft Housing Element the projection is 92 units, a minor change. In addition, the project analyzed in the FEIR included additional development of 10,000 SF retail and 95 townhouses at Charter Square, which has since been developed into an elementary school. The addition of 12 units at Harbor Cove is more than offset by the reduction of 95 units at Charter Square; and
•Zoning Map Amendment of two housing sites in the existing Housing Element for 2015-2023, Beach Cove and Shadow Cove, from R-4 to R-4 with the By- Right Housing Overlay in accordance with State Housing Law because this amendment would alter the review process for some types of housing proposals but does not result either directly or indirectly in physical changes to the environment. The number of units currently projected at Beach Cove and Shadow Cove is the same as was considered in the FEIR; and

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Section 2. Amendment. The City Council does hereby adopt the following Zoning Map Amendments as presented in the attached Exhibits A pages 1 through 6, attached hereto and incorporated herein by reference, for the six sites as listed below.

1. Harbor Cove Apartments, 900 Hillsdale Boulevard, APNs 094-470-420; to change the zoning designation from R-3 Medium Density, Multiple-Family Residence District, to R-4/PD, High Density, Multiple-Family Residence/Planned Development Combining District; and

2. Franciscan Apartments, 888 Foster City Boulevard, APN 094-091-020; to change the zoning designation from R-3/AHO Medium Density, Multiple-Family Residence District/Affordable Housing Overlay Combining District, to R-4/PD/AHO, High Density, Multiple-Family Residence District/Planned Development/Affordable Housing Overlay Combining District; and

3. Sand Cove Apartments, 707-939 Shell Boulevard, APN 094-470-160; to change the zoning designation from R-3/PD/AHO Medium Density, Multiple-Family Residence District/Planned Development/Affordable Housing Overlay Combining District, to R-4/PD/AHO, High Density, Multiple-Family Residence District/Planned Development/Affordable Housing Overlay Combining District; and

4. The Lagoons Apartments, 611-899 Bounty Drive, APN 094-472-010; to change the zoning designation from R-3/PD/AHO Medium Density, Multiple-Family Residence District/Planned Development/Affordable Housing Overlay Combining District, to R-4/PD/AHO, High Density, Multiple-Family Residence District/Planned Development/Affordable Housing Overlay Combining District; and

5. Beach Cove Apartments, 605-1021 Catamaran Street, APNs 094-320-040 and 094-330-110; to change the zoning designation from R-4/PD/AHO High Density, Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District, to R-4/PD/AHO/BRHO, High Density, Multiple-Family Residence District/Planned Development/Affordable Housing Overlay/By-Right Housing Overlay Combining District; and

6. Shadow Cove Apartments, 1019-1087 Foster City Boulevard, APN 094-312-780; to change the zoning designation from R-4/PD/AHO High Density, Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District, to R-4/PD/AHO/BRHO, High Density, Multiple-Family Residence District/Planned Development/Affordable Housing Overlay/By-Right Housing Overlay Combining District.

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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 4. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 5. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced and read on the 9th day of January, 2023, and passed and adopted on the 17th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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5 Exhibit A: Page 1 of 6
Harbor Cove Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 15.1 acre lands at 900 Hillsdale Boulevard (APN: 094-470-420) to change the Zoning Map Designation from R-3, Medium Density Multiple-Family Residence to R-4/PD, High Density Multiple- Family Residence/Planned Development Combining District as indicated in Figure 1.

Figure 1: Harbor Cove Apartments

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1 7
5 Exhibit A: Page 2 of 6
Franciscan Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 6.4-acre lands at 888 Foster City Boulevard (APN: 094-091-020) to change the Zoning Map Designation from R-3/AHO, Medium Density Multiple-Family Residence/Affordable Housing Overlay Combining District to R-4/PD/AHO, High Density Multiple-Family Residence/Planned Development/Planned Development/Affordable Housing Overlay Combining District as indicated in Figure 2.

Figure 2: Franciscan Apartments

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5 Exhibit A: Page 3 of 6
Sand Cove Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 8.77-acre lands at 707-939 Shell Boulevard (APN: 094-470-160) to change the Zoning Map Designation from R-3/PD/AHO, Medium Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District to R-4/PD/AHO, High Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District as indicated in Figure 3.

Figure 3: Sand Cove Apartments

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5 Exhibit A: Page 4 of 6
The Lagoons Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 9.64-acre lands at 611-899 Bounty Drive (APN: 094-472-010) to change the Zoning Map Designation from R-3/PD.AHO, Medium Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District to R-4/PD/AHO, High Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District as indicated in Figure 4.

Figure 4: The Lagoon Apartments

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5 Exhibit A: Page 5 of 6
Beach Cove Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 18.7-acre lands at 605-1021 Catamaran Street (APN: 094-320-040 and 094-330-010) to change the Zoning Map Designation from R-4/PD/AHO, High Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District to R- 4/PD/AHO/BRHO, (High Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay/By-Right Housing Overlay Combining District as indicated in Figure 7.

Figure 7: Beach Cove Apartments

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5 Exhibit A: Page 6 of 6
Shadow Cove Apartments
The City of Foster City Zoning Map is hereby amended to reclassify the 7.9-acre lands at 1019-1091 Foster City Boulevard (APN 094-312- 780) to change the Zoning Map Designation from R-4/PD/AHO, High Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay Combining District to R-4/PD/AHO/BRHO, High Density Multiple-Family Residence/Planned Development/Affordable Housing Overlay/By-Right Housing Overlay Combining District as indicated in Figure 8.

Figure 8: Shadow Cove Apartments

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DATE: January 17, 2023

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 Manager

FROM: Derek Schweigart, Parks and Recreation Director
Frank Fanara, Parks Maintenance Manager
DEPARTMENT: Parks and Recreation
SUBJECT: CONTRACT IN AN AMOUNT NOT TO EXCEED $48,660 WITH WILDLIFE INNOVATIONS INC. FOR DEVELOPMENT OF AN

INTERGRATED CANADA GOOSE POPULATION MANAGEMENT

PLAN INCLUDING AN ENVIRONMENTAL REVIEW,

AUTHORIZATION OF AN ADDITIONAL BUDGET
APPROPRIATION OF $28,660 AND ESTABLISHMENT OF A
CONTIGENCY IN THE AMOUNT OF $7,300

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing an agreement with Wildlife Innovations Inc. in an amount not to exceed $48,660 for the development of an integrated Canada Goose Population Management Plan including an environmental review, authorizing an additional budget appropriation of $28,660 and the establishment of a contingency in the amount of $7,300 with authorization given to the City Manager to execute contract amendments up to the contingency amount.

EXECUTIVE SUMMARY
At the regular City Council meeting on September 19, 2022, the Council by way of Minute Order No. 1878 received and accepted the Canada Goose Population Management Plan Update and directed staff to issue a Request for Proposal (RFP) to identify a consultant to develop an Integrated Canada Goose Population Management Plan. There were 4 consultant responses to the RFP which were reviewed, and

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interviews conducted with all the applicants. Wildlife Innovations Inc. demonstrated the ability to meet the City’s requirements including an aggressive timeline and provided a competitive cost proposal.

BACKGROUND
For years, the City has tried to control the goose population through numerous mitigation strategies to maintain a sustainable number of geese within the City. Canada Geese are extremely adaptable and have found Foster City to be an ideal environment resulting in an increased population of resident geese. The growing population has resulted in higher concentrations of droppings which contain bacteria that present health hazards, degrade the water quality of the lagoon, and diminish the community’s ability to enjoy the City’s parks, sports fields, and other public amenities.

During this time City Staff began working with both the United States Department of Agriculture (USDA) and United States Fish and Wildlife Services (USFWS) to obtain a depredation permit to potentially be used with other non-lethal methods to control the population.

In November of 2021, staff obtained the USDA permit (form 37) which was required to proceed with applying for a USFWS permit 3-200-13 Migratory Bird Depredation. Obtaining the permit required staff to submit documentation of all the City’s non-lethal efforts to control the population, as well as a mitigation plan to identify next steps for mitigating the geese. Staff were given a verbal approval for the permit but delayed having the permit issued to ensure that was the direction City Council wanted to pursue. On July 18, 2022, by way of Minute Order No. 1863, City Council provided direction to staff to obtain 3-20013: Migratory Bird -Depredation Permit which was issued to the city on July 25, 2022, and expires on July 31, 2023.

Upon issuance of the depredation permit, City staff consulted with potential vendors and wildlife agencies and determined that performing depredation at this time would be more difficult and potentially less effective as the geese in Foster City were no longer in their molt period. At the regular Council meeting on September 19, 2022, staff recommended that any depredation efforts be postponed until the next molting season and asked Council for direction in issuing an RFP to identify a consultant to develop a comprehensive Canada Goose Population Management Plan which was approved by way of Minute Order No. 1878.

ANALYSIS
The City’s current Canada Goose Population Management Plan was developed by City staff which documents the impacts of human-geese conflicts and the strategies the City has attempted in modifying geese behavior and reducing their population. While consulting with several wildlife specialists and vendors, staff discovered that while the City tried several hazing and other non-lethal strategies to control the geese, no single strategy was effective in isolation. An effective plan would be one that incorporates many various strategies simultaneously and consistently over an extended period to

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have the greatest impact on the geese behavior. This is a complex problem requiring a comprehensive and robust approach to be more effective. Upon Council direction, staff issued a Request for Proposals for consultants to provide professional services to develop a comprehensive and integrated Goose Population Management Plan on October 14, 2022, and received four (4) proposals from biological and environmental consultants that specialize in wildlife management. The firms included the following:
• Wildlife Innovations, Inc.
• Hardshell Labs, Inc.
• Huffman-Broadway Group
• LSA
Interviews were conducted with all the firms, and it was determined that the proposal from Wildlife Innovations Inc. met the requirements of the RFP and were the most suited to develop a plan that would be implementable in both the short and longer term.

The proposal from Wildlife Innovations, Inc. was reviewed, and the fee negotiated in the amount of $48,660. Since the initial proposal submittal, staff coordinated with the consultant to modify the scope of services as necessary to include the essential services required to complete the desired plan. Some services that were deemed unnecessary were removed from the scope of work and included as optional services to be added if requested by the City at a later point. The fees were determined reasonable and competitive for this project, while meeting key components as required by the City.

The scope of services for this project includes preparing an integrated Canada Goose Population Management Plan which will provide the framework of managing the Canada Goose Population within Foster City Parks going forward. The plan will contain new management actions for both short- and long-term management which will be developed after reviewing past practices and techniques by not only Foster City but surrounding agencies. The plan will also contain habitat assessments and provide recommendations for habitat modifications to make the parks less inviting to the Canada Goose. Wildlife Innovations will also work to educate the community regarding the plan and proposed management actions. As a component of the plan, Wildlife Innovations will prepare an Initial Study per the California Environmental Quality Act (CEQA) review and if no evidence is found that the actions proposed in the plan will have a significant impact, a Negative Declaration/Mitigated Negative Declaration will be prepared. For complete scope of work see the attached Wildlife Innovations proposal (attachment 3)
Once given notice to proceed, it is anticipated that the plan development will be completed in 6 months pending CEQA review process. When the updated Canada Goose Population Management Plan is complete, it will be presented to the City Council for its consideration and acceptance.

CALIFORNIA ENVIRONMENTAL QUALITY ACT

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Not applicable.

FISCAL IMPACT
The proposed fees in the amount of $48,660 have been negotiated and determined reasonable based on the scope of services. Additionally, a project contingency in the amount of $7,300 or approximately 15% of the contract amount is recommended to pay for additional services that may be required. The total budget impact is $55,960 including contingency. There is $20,000 identified in the current budget ($20,000 balance will be drawn from existing budgeted funds in acct 001-0520-452-4251) for the Canada Goose Population Management Plan, requiring an additional budget appropriation of $28,660 plus establishing a contingency amount of $7,300.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure.

ATTACHMENTS:
•Attachment 1 - Resolution
•Attachment 2 – Agreement
•Attachment 3 – Proposal

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4 RESOLUTION NO. __________

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

AUTHORIZING THE MAYOR TO EXECUTE CONTRACT IN AN AMOUNT NOT TO EXCEED $48,660 WITH WILDLIFE INNOVATIONS INC. FOR DEVELOPMENT OF AN

INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN, INCLUDING

ENVIRONMENTAL REVIEW, AND AUTHORIZATION OF AN ADDITIONAL BUDGET APPROPRIATION OF $28,660 AND ESTABLISHMENT OF A CONTINGENCY IN THE AMOUNT OF $7,300 WITH AUTHORIZATION GIVEN TO THE CITY MANAGER TO

EXECUTE CONTRACT AMENDMENTS OR ASSOCIATED PURCHASE ORDERS UP

TO THE CONTINGENCY AMOUNT

CITY OF FOSTER CITY
WHEREAS the City of Foster City wishes to seek qualified consultants to provide Canada Goose Population Plan Development including performing environmental review as required under the California Environmental Quality Act; and WHEREAS, on September 19, 2022, the City Council authorized the issuance of an RFP by Minute Order No. 1878 to establish a list of qualified consulting firms for Development of an Integrated Canada Goose Population Management Plan for the City of Foster City; and
WHEREAS, hiring a consultant firm with qualified personnel who are experienced in the services required will assist staff in specific areas of technical and biological expertise in developing a Canada Goose Population Management Plan; and WHEREAS, the City of Foster City issued and Request for Proposals (RFP) on October 14, 2022; and
WHEREAS, following the issuance of the RFP, the City received four (4) qualified responses by the deadline; and
WHEREAS, the proposal submitted by Wildlife Innovations Inc. shows a clear understanding scope of work and most clearly aligned to the deliverables desired by the City of Foster City, in addition to demonstrating the unique understanding and capabilities to meet the City’s expectation for such services.

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 Wildlife Innovations Inc. for a not to exceed amount of $48,660, authorize an additional appropriation of $28,660 ($20,000 balance will be drawn from existing budgeted funds in acct 001-0520- 452-4251); and

6.5 Attachment 1 - Resolution

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4 2. Establish contingency in the amount of $7,300 with authorization given to the City Manager to execute contract amendments or associated purchase orders up to the contingency amount.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 17th day of January 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 1

PROFESSIONAL SERVICES AGREEMENT
FOR

THE PREPARATION OF INTEGRATED CANADA GOOSE POPULATION

MANAGEMENT PLAN

This Agreement is made and entered into as of the 1 7th Day of January 2023 (“Effective Date”) by and between the City of Foster City hereinafter called "CITY" and Wildlife Innovations 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 to prepare an Integrated Canada Goose Population Management Plan (“Plan”);

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

6.5 Attachment 2 - Agreement

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such breach within ten (10) calendar days of the date of CITY’s written 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 flat rate of $ 48,660.00 as 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 Forty- Eight Thousand Six Hundred Sixty Dollars ($48,660). Invoices for amounts in excess of Forty Eight Thousand Six Hundred Sixty Dollars ($48,660) 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 Cit y 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 billing following completion of each Task identified in the SOW and any additional services authorized by the City Manager or their designee 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 Services for each task 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 associated with each identified task required under Exhibit A, SCOPE OF WORK, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement.

6.5 Attachment 2 - Agreement

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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 perfor mance 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 t o the standards generally prevailing for the performance of consulting services similar to those to be performed by CONSULTANT hereunder under similar circumstances to that of 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.

6.5 Attachment 2 - Agreement

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 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 projects under similar circumstances to that of CONSULTANT under this Agreement.

The granting of any progress payment by CITY, or the receipt th ereof 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 unsatisf actory 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 (“Work Product”), shall, upon preparation and delivery to CITY, become the property of CITY. However, notwithstanding the foregoing, CON SULTANT shall retain all rights, titles, and interests, including but not limited to all ownership and intellectual property rights, in all inventions, improvements, discoveries, methodologies, models, formats, software, algorithms, processes, procedures, designs, specifications, findings, and other intellectual properties developed, gathered, compiled or produced by CONSULTANT prior to or independently of any of its Services under this Agreement (“Background IP”), including such Background IP that CONSULTANT may employ in the performance of this Agreement, or may incorporate into any part of the Work Product. CONSULTANT grants CITY an irrevocable, non- exclusive, transferable, royalty -free license in perpetuity to use, disclose, and derive from such Background IP, but only as an inseparable part of the Work Product. Third-party content that may be used or incorporated in the Work Product shall not become the property of CITY. CONSULTANT shall clearly identify in writing to CITY that portion of Background IP that is third- party content and shall secure all licenses necessary to any third- party content incorporated into CONSULTANT’s Work Product for CITY to utilize CONSULTANT’s Services and the Work Product for their intended purposes. CONSULTANT shall not be liable or responsible for any use, reuse, or modification of, or derivation from the Work Product without CONSULTANT’s written consent, other than for the purposes contemplated by CONSULTANT’s scope of work in this Agreement.

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 ,

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 5

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 B; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasio ned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.

CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

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 to the extent caused by the negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant of CONSULTANT, 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.

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 6

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

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

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

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

CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULT ANT 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

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 7

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Stefan Chatwin, City Manager

CONSULTANT: Wildlife Innovations
11629 Westridge Pl
Lakeside, CA 92040
334-703-2946
[email protected]
Attn: S. Jake Manley, President

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.

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 8

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

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

21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or 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, arisi ng out of or in connection with this Agreement, the Services, or the Project.

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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, ev en 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, C ITY 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 a ny subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided below.

24. Force Majeure . Except for defaults of subconsultants at any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure). Force Majeure events include, but are not limited to, the following:

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

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

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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:

Jon Froomin, Mayor
ATTEST:

Dated:

Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

S. Jake Manley, President

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN
11 EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS AND

SCHEDULE, AND DELIVERABLES FOR

THE PREPARATION OF INTEGRATED CANADA GOOSE

POPULATION MANAGEMENT PLAN

Scope of Work

Consultant shall provide the following Services:

Task 1: Preparation of an Integrated Canada Goose Population Management Plan for Foster City, CA (“Plan”).

The Plan shall include recommended steps to attempt to reduce the damage to city parks caused by resident Canada Goose (hereafter “CAGO”) populations and mitigate the human health hazard stemming from large amounts of feces within public parks and waterways and mitigate other known or identified damages caused by the large numbers of CAGO.

The Plan shall include measures to identify, evaluate, and address the following components of CAGO management within Foster City, California:
1) Community education and outreach to inform the public of the human- goose conflict and ensure ongoing understanding and support for proposed management actions, as well as work with the City’s Communications team to develop and distribute information to the local media
2) Review of existing information on CAGO populations in Foster City including documented impacts related to their activity (e.g., damage to turf, excessive droppings, etc.) 3) CAGO biology and regulations surrounding the management of this wildlife species 4) Review applied management techniques from other municipalities and regulatory agencies and their roles in managing the CAGO population
5) The Plan shall identify the appropriate level of environmental review that is required under the California Environmental Quality Act (“CEQA”) to implement the Plan. 6) The Plan shall describe benefits as well as specific conflicts that exist with CAGO in Foster City parks and public spaces
7) A map and description of parks, based on satellite scouting, and summary of observational surveys of the CAGO population, collected and provided by Foster City, will be used in development of the Plan.
8) The Plan will comprise the development objectives (both short -term and long-term) for CAGO population control and management.
9) General habitat management recommendations to deter CAGO that identify commonly used non- lethal techniques and describe methods that could be used for capture and removal of CAGO, will be provided within the Plan. Habitat modification recommendations provided within the Plan will be made based on literature and general knowledge of CAGO foraging behavior, known food attractants, and techniques used successfully within other management programs.

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN
12 10) Population projections for CAGO within Foster City, under potential management scenarios, will be provided using general CAGO reproductive trends and observational data provided by Foster City.
11) Steps for measuring the success of future CAGO management, that will allow for continuous reevaluation and adaptation of the plan and associated management actions, will be included within the Plan, along with a cost benefit analysis component 12) The Plan will include steps to promote long- term effectiveness and sustainability that considers coordination with entities and stakehol ders including developers, planners, landscape designers, homeowner’s associations, businesses, realty companies, the public and other municipalities in the metropolitan area, as much as feasible within the scope and costs provided.

The timeline for completion of this Task 1 will be dependent on the completion of CEQA review.

The CITY will be invoiced for the amount provided in Exhibit B for Task 1 by the Consultant following submission of the Plan, and the Consultant will be paid by the CITY for services rendered during completion of this Task 1, within 30 days of receiving an invoice.

Task 1a: Initial CEQA Review and Report

All existing applicable documents, reports and permits will be reviewed for Foster City Lagoon and the relevant vicinity in order to identify what permits are in place and determine if there are any gaps in data or permit requirements for compliance with CEQA or other federal, state, or local laws. In addition, during the review, environmental factors that could be potentially affected, including biologically sensitive resources (i.e. federally and/or state- listed threatened and endangered species, migratory birds, bald and golden eagles as well as other locally sensitive species or sensitive habitats) by the actions proposed within the Plan, will be analyzed.

A report shall be authored by the Consultant that summarizes the findings from the background review and identifies any necessary actions and/or the process for compliance with CEQA or other federal or state or local laws.

The timeline for completion of this task will be dependent on responsiveness and delivery, by both CITY and outside entities, to inquiries and requests made by the Consultant, for documents, other items, or information necessary to complete this Task 1a.

The CITY will be invoiced for the amount provided in Exhibit B for services relating to Task 1a and upon submission of the Initial CEQA Review Report to the CITY , and the Consultant will be paid for services rendered during completion of this Task 1a within 30 days of the CITY receiving the invoice and deliverables.

Task 1b: Initial Study/Negative Declarations/Mitigated Negative Declarations

Results from Task 1a shall inform what level of environmental review is required. An Initial Study (“IS”) is a preliminary analysis which is prepared to determine the relative environmental impacts associated with a proposed project. The Consultant shall prepare the IS.

Based on the analysis contained in the IS, additional documents and/or surveys may be required to complete the IS. Survey design and efforts will be developed within the identified costs as much as possible, but if additional services or efforts are required beyond the level predicted within the rates identified in Exhibit B for this Task 1b, then Consultant shall bill for time incurred at the hourly rates identified Exhibit B . A checklist will be filled out to support preparation of a Negative Declaration (“ND”) or a Mitigated Negative Declaration ( “MND”). If the IS determines there are impacts that cannot be mitigated, then an Environmental Impact Report (“EIR”) may be required.

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN
13 This scope of work does not include the preparation of an EIR.

If there is no substantial evidence that the actions proposed within the Plan may have a significant effect on the environment, a ND will be performed. If the IS identifies potentially significant effects, but: (1) revisions in the project plans or proposals would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and (2) there is no substantial evidence that the project as revised may have a significant effect on the environment, then a MND shall be prepared, which identifies appropriate mitigation measures.

The time required to complete this Task 1b may be adjusted based upon results of the CEQA analysis. Completion of CEQA analysis will rely on timely responses to correspondence and delivery of requested documents necessary to complete CEQA review, to the Consultant , from the CITY, or other outside personnel. If items, tasks, or correspondence necessary to complete CEQA analysis are not provided in a timely manner, the completion of CEQA analysis may be extended. Results of the CEQA analysis shall be incorporated into the Plan before it is finalized.

The CITY will be invoiced for the amount provided in Exhibit B for services relating to Task 1b and upon submission of the completed IS, a ND or a MND. If additional effort and associated costs are necessary to complete the IS, a ND, or a MND, and the CITY authorizes additional services and costs, appropriate tasks and documents will be provided and invoiced monthly. If the CITY does not authorize additional funds to support completion of Task 1b, the Consultant will provide a final report of services rendered, the CITY shall be provided an invoice of services and the CITY will pay the Consultant for those services rendered and approved within 30 days of receiving the invoice from the Consultant. If an EIR is determined to be necessary, a new scope and costs may be prepared for those additional services.

Task 2: Customized Habitat Assessment and Management Recommendations

Up to seven park properties within the CITY will be identified by CITY staff, as priorities for focused habitat surveys and recommended modifications to deter use by CAGO. Those seven parks will be physically surveyed by the Consultant , with existing habitat evaluated, described, and photographed, and customized site-specific recommendations provided for habitat modifications, exclusion, deterrence, or other management of CAGO, will be developed and included within the Plan. Additional parks may be surveyed by the Consultant at the request of the CITY, as possible within the identified budget, or if additional hours and associated costs are authorized by the CITY.

The timeline for completion of Task 2 will be 90 Days.

The CITY will be invoiced for the amount provided in Exhibit B for services relating to Task 2 and upon submission of the survey to the CITY, and the Consultant will be paid for services rendered during completion of this Task 2 within 30 days of the CITY receiving the invoice and deliverables.

END OF EXHIBIT A

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14 EXHIBIT B
CONSULTANT’S FEE

Table 1. Rates and projected number of days for each staff member, while authoring the Plan, for Foster City, CA are as follows:

Task 1: Authoring Integrative CAGO Management Plan
Personnel Daily Rate
Projected #
of Days for
Completion
of Task
Total
PI $1,400.00 0.5 $700.00
PM $1,240.00 5 $6,200.00
Specialist $2,000.00 3 $6,000.00
TOTAL $12,900.00
Table 2. Cost and effort projections for all Optional Tasks 1a-2, described herein.

Task 1a: Initial Review for CEQA Compliance and Initial Review Report Personnel Daily Rate Projected # of Days Total
Specialist $2,000.00 1.25 $2,500.00
Ecologist $1,500.00 2 $3,000.00
TOTAL $5,500.00

Task 1b: Prepare an Initial Study/Negative Declarations/Mitigated Negative Declarations Personnel Daily Rate Projected # of Days Total
Specialist $2,000.00 4 $8,000.00
Ecologist $1,500.00 6 $9,000.00
TOTAL $17,000.00

Task 2: Habitat Assessment Surveys and Recommendations
Personnel Daily Rate Projected # of Days Total
PI $1,400.00 1.5 $2,100.00
PM $1,240.00 9 $11,160.00
TOTAL $13,260.00

Total Costs for All Tasks Listed Above
Task Total

1. Authoring Integrative CAGO Management Plan $12,900.00 1a. Initial Review for CEQA Compliance and Initial Review $5,500.00 1b. Prepare an Initial Study/Negative Declarations/Mitigated Declarations $17,000.00

2. Habitat Assessment Surveys and Recommendations $13,260.00 TOTAL $48,660.00

Rates for Additional On-Call Services
Personnel Daily Rate Projected # of Days Total
PI $1,610.00 TBD TBD
PM $1,426.00 TBD TBD
Specialist $2,300.00 TBD TBD
Ecologist $1,725.00 TBD TBD
Wildlife Biologist $1,144.25 TBD TBD

TOTAL TBD

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN
15 For those additional services or tasks that are not specifically identified in Tasks 1, 1a, 1b or 2, the Consultant shall first obtain written approval from the City Manager or their designee prior to commencement of the work. For additional tasks that can be completed remotely from an office (i.e. writing or additional review of literature or data to support CEQA tasks), the CITY will be billed only for hours expended during completion of the requested tasks. For additional field work tasks, those may be billed by the day, or by the half day, and/or bill for travel time.

To determine hourly rates for remote/office- based tasks, Consultant shall divide the daily rate identified above by 8 hours/day. For example, Daily Rate for PM = $1426. $1426/8hrs = $178.25/hr

Project Payment Schedule

The CITY will be invoiced by the Consultant, and deliverables will be submitted to the CITY by the Consultant, upon completion of each Milestone identified below. Upon receipt of deliverables associated with each Milestone, the CITY will issue payment to the Consultant for services rendered, within 30 days of receiving the invoice from the Consultant.

If additional services beyond the level of effort and associated costs identified within Tables 1 and 2 of Exhibit B, are necessary to complete any task, or are requested by the CITY, the CITY will be invoiced by the Consultant monthly , and the CITY will provide payment for those additional services within 30 days of receiving each invoice from the Consultant.

Milestone Amount of Payment

Initial CEQA Review $5,500.00
Preparation of Initial Study/ Negative Declaration $17,000.00 Habitat Assessment Survey and Recommendations $13,260.00 Authoring Integrative CAGE Management Plan $12,900.00

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 16

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 January 17, 2023, by and between Wildlife Innovations 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 c ompany 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 s hown 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 s ervices 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 exclusi ons 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 two million dollars ($2 ,000,000) each occurrence and four million dollars ($4,000,000) 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”.

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 17
DocuSign Envelope ID: 3A6763B6-6698-4937-A4C2-DA471C00637C

☒ 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 insur ed against another insured, with coverage equal to the policy limits, which shall not be less than five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) aggregate.

1.2 Self-Insured Retention

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

1.3 Claims-Made Basis Coverage

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

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

3. Insurance terms and conditions:

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

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 18
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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 reduc ed 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

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 19
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EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention:

Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)

Insurer Policy
No.

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

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

Other:

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

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

Professional Liability:

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

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

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

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

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

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 20
DocuSign Envelope ID: 3A6763B6-6698-4937-A4C2-DA471C00637C N
othing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, (print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) ORGANIZATION: TITLE:

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 21
DocuSign Envelope ID: 3A6763B6-6698-4937-A4C2-DA471C00637C

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

This COVID-19 Amendment/Attachment amends the Agreement between the City of Foster City (“City”) and Wildlife Innovations (“Consultant”) dated January 17, 2023

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 c hain 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 COV ID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID -19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal.

The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.

E. An “Unknown COVID-19 Cost” is a cost that: (i) is solely attributable to an Unknown COVID- 19 Condition; (ii) is reasonable and unavoidable under the circumstances; (iii) is not the result of the Consultant’s failure to comply with the contract documents or a COVID -19 Proclamation; and (iv) is not the result of a subconsultants failure to comply with a COVID -19 Proclamation in connection with the performance of the Services.

2. COVID-19 Conditions and Proposal. Consultant is expected to know and is deemed to have known about COVID-19 Conditions when it submits its proposal, and COVID-19 Conditions must be accounted for in the Consultant’s price and schedule. In order to be entitled to any relief from a COVID- 19 Condition, the Consultant must demonstrate that the issue, cost or delay is due to an Unknown COVID-19 Condition.

3. Compliance with COVID-19 Proclamations.

A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 22
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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]

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INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN 23
DocuSign Envelope ID: 3A6763B6-6698-4937-A4C2-DA471C00637C IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:

S
ignature
S Jake Manley
President
Signature
Jon Froomin
Mayor

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PREPARATION OF AN INTEGRATED CANADA GOOSE POPULATION

MANAGEMENT PLAN FOR FOSTER CITY, CALIFORNIA
Proposal
Submitted by:
11629 Westridge PL
Lakeside, California, 92040
POC: S. Jake Manley
11629 Westridge PL
Lakeside, CA. 92040
(334) 703-2946
[email protected]
DUNS: 081042844
CAGE: 81PJ1
EIN: 82-3456892
November 2022

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TABLE OF CONTENTS
SECTION I: TRANSMITTAL LETTER ................................ ................................ ..................... ii SECTION II: DESCRIPTION OF THE PROBLEM AND REQUEST ................................ ......... 1 SECTION III: QUALIFICATIONS AND RELEVANT EXPERIENCE ................................ ......... 1 SECTION IV: PROPOSED APPROACH ................................ ................................ ................. 3 SECTION V: PROPOSED SCHEDULE ................................ ................................ ................... 7 SECTION VI: COST ................................ ................................ ................................ ................ 8 SECTION VII: REFERENCES ................................ ................................ ................................ . 8 SECTION VIII: RESUMES OF KEY PERSONNEL ................................ ................................ . 10

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ii
SECTION I: TRANSMITTAL LETTER
WILDLIFE INNOVATIONS, INC.
11629 Westridge PL.

Lakeside, CA. 92040
Phone: (334) 703-2946
Email: [email protected]
Website: www.wildlifeinnovationsinc.com
S. Jake Manley
President
Wildlife Innovations, INC.

Derek Schweigart
Parks and Recreation Director
650 Shell Boulevard.

Foster City, CA 94404
[email protected]
Dear Mr. Schweigart,
Wildlife Innovations, Inc., is pleased to submit this proposal to develop an Integrated Canada Goose Population Management Plan (hereafter the Plan) for Foster City , California. The comprehensive Plan will include facets of habitat management, behavior modification, and depredation to mitigate damage to city property caused by grazing and defecating geese and the threat to human health and safety caused by prevalence of goose feces within public use areas. The Plan will be adaptive, and the methods varied based on measured effectiveness, identified site-specific constraints, and the seasonal and annual status of Canada Goose activity within Foster City properties. Wildlife Innovations will author and develop the plan within a 60- day period (unless Optional Tasks are requested, funded, and added to the scope of services), utilizing staff with extensive experience in developing wildlife management and wildlife hazard mitigation programs. Methods identified within the Plan and considered for application within the field will be compliant with all known Migratory Bird Treaty Act , US Fish and Wildlife Service, California Department of Fish and Wildlife, and local regulations, laws, and permits.

The estimated cost of services for completing the Plan are $12,900, not including Optional Tasks. The scope of the Plan as d escribed herein can be adjusted as necessary to meet the needs of Foster City, with additional effort provided upon request, for the rates identified herein.

Sincerely,
S. Jake Manley

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1 SECTION II: DESCRIPTION OF THE PROBLEM AND REQUEST
Foster City reported that Canada Geese ( Branda canadensis: CAGO) are commonly observed within many or all 24 parks in Foster City, resulting in sports fields and human recreational areas within those parks being damaged by CAGO grazing and inundation with hazardous CAGO feces.

High levels of Escherichia coli (E. coli) have been repeatedly documented during water testing within the lagoon system that runs through the city, forcing the city to place signage and recommend that citizens avoid recreational use that involves contact with the water. As a result of those findings, several of Foster City’s beaches have been included within a list of the ten most hazardous and polluted beaches in the state during multiple y ears. The most likely cause of E. coli within this water system is feces deposits from waterbirds (e.g., CAGO and gulls ssp.), according to water quality testing analysis.

Foster City is located approximately 17 miles south of San Francisco, California, o n the western shore of San Francisco Bay. San Francisco Bay provides many types and vast amounts of available habitat to be used by CAGO for foraging, roosting, and nesting. The city is located approximately 12 miles northwest of Don Edwards National Wildl ife Refuge, which is managed by the US Fish and Wildlife Service ( USFWS), and only 9 miles from the Eden Landing State Ecological Reserve, which is managed by the California Department of Fish and Wildlife (CDFW).

Both of those large properties are managed to encourage and support presence of wildlife, including migratory CAGO , with t he distances between those properties and Foster City being relatively short “as the goose flies.” Canada Geese that utilize Foster City, are likely to use those properties, an d larger populations within those state and federal wildlife areas may serve as source populations, supporting fast refill as individuals are removed from Foster City during management activities.

Foster City owns and maintains twenty-four parks or park areas, consisting of 160 acres, which are used for a diverse set of activities such as tennis, baseball, soccer, basketball, rollerblading, biking, picnics, and others (Foster City 2022). Originally designed for recreation and drainage detention and completed in 1971, the Foster City Lagoon consists of around 200 acres (surface area) and 16.5 miles of shoreline connecting to seven parks, including three with beach and swimming access (Marlin, Erckenbrack, and Gull). The majority of the shoreline is privately owned by residents and businesses, but water activities, such as paddle boarding, swimming, windsurfing, kayaking, and electric boating, are common throughout the lagoon.

The city has attempted hazing/deterring CAGO from city parks during recent years, using tactics such as dogs, robots, treating grass with an avian repellent, and using vehicles or lawn maintenance equipment (i.e. leaf blower, lawn mower, utility vehicle), yet CAGO remain, and their numbers may be increasing within parks. On 14 October 2022, Foster City issued a Request for consulting services to develop an Integrated Canada Goose Population Management Plan for the City of Foster City. This document was developed and is being provided in response to that request.

SECTION III: QUALIFICATIONS AND RELEVANT EXPERIENCE
Wildlife Innovations, Inc. is a biological consulting firm and DGS certified small and micro business, based in California, that specializes in wildlife management to support the recovery of threatened and endangered species and mitigation of wildlife-hazards and human-wildlife conflict throughout the state. Wildlife Innovations has extensive experience working on a diverse set of city, state, and federal properties, including in areas that require a higher level of operational awareness, such as military installations, busy construction sites, state parks, state Ecological Reserves, and airports, some of which include areas directly accessible to the public. Senior staff members have been designing and implementing effective wildlife management programs for

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2 over 15 years. As a part of developing these wildlife management programs, WI has assisted in the drafting of Scopes of Work (SOW) for the USFWS, city airports, and Regional Parks Districts, and has authored predator control plans for the USFWS, US Navy , and US Marine Corps.

Elements integral to the design of such programs included the development of site -specific approaches which employed techniques to meet each program’s objectives. These plans also included steps necessary for compliance with state or federal permits, prevent ing negative impacts to sensitive habitats and species within or near the management area(s) , and avoiding actions that would impede landowner and/or public use of each property. Plans and work often included the utilization of pyrotechnics, firearms, and/or an array of trap types within areas heavily used by the public or other humans. Therefore, those plans incorporated methodology to address employee and public safety concerns as well as defined measures that would be taken to reduce the potential for exposure of management methods to the community.

Wildlife Innovations has designed programs for and currently manages mammals (small to large), corvids, raptors, owls, and other avian species in support of listed species recovery or wildlife hazard mitigation programs. Managing a diverse set of species simultaneously requires personnel to have extensive knowledge in the identification of an array of species, their sign (including evidence of damage or predation), behavior, and ecology in order to select the most effective and efficient management methods. Intelligent and urban adapted species such as coyote ( Canis latrans), American Crow ( Corvus brachyrhynchos), and Common Raven ( Corvus corax ) are notoriously challenging to manage, but WI has demonstrated years of successful management of such species despite challenging site constraints within urban and semi -urban areas. As each targeted individual, group, and site characteristics require a customized approach, we are confident th at our experience and skills can be adapted to designing an effective and comprehensive Plan for Foster City.

Current Engagements and Affirmation of Staff Availability Wildlife Innovations has a growing number of personnel that support a variety of both seasonal and year-round projects. Project commitments vary seasonally, and staff are shifted between projects, with additional staff hired as needed to support all projects and commitments made by WI. When of advantage or needed , in support of contracted ob ligations, WI may subcontract specialists, especially when project aspects require specialized experience not available within fulltime staff. Wildlife Innovations affirms that we currently have staff availability necessary to complete all Tasks outlined within this proposal and will do so within the proposed timeframe identified for each. In addition to authoring the Plan for Foster City, WI is also prepared to provide comprehensive management of CAGO within Foster City , and CAGO nest/egg managem ent within Bair Island, upon request and within the guidelines established within the Plan when completed.

Specific Employee Experience and Role
Wildlife Innovations will staff writing of the Plan with one Project Manager (PM), up to two Specialists (SP), and additional staff as needed, to support all Tasks including Optional Tasks, with additional support from one Principal Investigator (PI) as needed. The schedules of those individuals will be adjusted as needed to complete tasks contracted by Foster City within agreed upon timeframes. A description of each staff -members expected involvement are provided by Task, and some of their relevant qualifications are provided below; however, resumes for primary staff that will be involved with this project are provided within Section VIII of this proposal.

Principal Investigator (PI) —President of Wildlife Innovations, S. Jake Manley, will serve as PI for this project, providing support as needed for the writing and delivery of all Tasks. Jake has more than 12 years of experience conducting wildlife management for threatened and endangered species protection , human -wildlife conflict mitigation, and general wildlife

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3 management. Experience has included conducting site assessments for wildlife management programs, authoring or contributing to SOWs and/or management plans for each project , developing site-specific protocols and accident prevention plans, managing data collection and maintaining databases, hiring and training staff, conducting field work, monitoring project budgets, ensuring that project deliverables were completed and submitted on deadlines , obtaining, and ensuring compliance with all permit requirements, including necessary coordination with federal, state, and local regulatory personnel to do so.

Project Manager (PM)—Senior Wildlife Biologist for Wildlife Innovations, Dan Biteman, will serve as the PM for this project and do the majority of the writing, and supervise field work conducted. Project exper ience has included design and authoring customized management plans, technical reports, database design and oversight, hiring, training, and supervising field staff while conducting all types of work, and ensuring compliance with safety and environmental regulations, and all relevant permits , for each project over approximately a 15 -year period .

Completed, reviewed for quality control, and submitted project deliverables within pre-established deadlines. Permit acquisition and management expert. Ensuring compliance of self and employees with all permit regulations, including necessary coordination with federal, state, and local regulatory personnel for permit acquisition and maintenance.

Specialist (SP)—Wildlife Innovations will utilize up to two specialists help in completing all Tasks outlined within this proposal. Specialists will provide review and additional development of the Plan, in particular, the public outreach and education, habitat assessment and modification, population projections with and without management, and environmental review for compliance with the California Environmental Quality Act (CEQA) , if that is to be included as a part of authoring the Plan . Specialists Dr. Tara S choenwetter and Barry Nerhus have significant experience within these areas.

Wildlife Biologist (BIO) or Ecologist—Wildlife Innovations may utilize Wildlife Biologists or Specialized Ecologists as needed to assist in completing Tasks outlined within this p roposal.

Wildlife Biologists and Ecologists will conduct surveys, gather and review literature, and support higher level staff in completing project efforts in other ways, as needed.

SECTION IV: PROPOSED APPROACH
Task 1: Preparation of an Integrated Population Management plan for Foster City, CA Wildlife Innovations will design and author the Plan for Foster City. The long-term, adaptive Plan will include steps to reduce the damage to city parks caused by resident CAGO and mitigate the human health hazard stemming from large amounts of feces within public parks and waterways.

The current problems will be reviewed, potential and specific solutions identified (with associated steps for achieving each ), and criteria will be developed for evaluating outcomes and informing continued enhancement of an adaptive management program during each subsequent year.

The Plan will include measures to identify, evaluate, and address the following components of CAGO management within and near Foster City, California:
1) Community education and outreach to inform the public of the human -goose conflict and ensure ongoing understanding and support for proposed management actions, as well as work with the City’s Communications team to develop and distribute information to the local media
2) Review of existing information on CAGO populations in Foster City including documented impacts related to their activity (e.g., damage to turf, excessive droppings, etc.) 3) CAGO biology and regulations surrounding the management of this wildlife species

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4 4) Review applied management techniques from other municipalities and regulatory agencies and their roles in managing the CAGO population
5) The Plan will identify that e nvironmental review is required under the Cali fornia Environmental Quality Act
o Note actual review for compliance with CEQA will not be conducted under the budget identified for authoring the Plan. Environmental review for compliance with CEQA may be provided upon request and for additional cost, identified within Optional Task 1. 6) The Plan will describe benefits as well as specific conflicts that exist with CAGO in Foster City parks and public spaces
7) A map and description of parks, based on satellite scouting, and summary of observational surveys of the CAGO population, collected and provided by Foster City , will be used in development of the Plan.
o It is recommended that a more i n-depth assessment of each park or select management area, via additional surveys/transects, be conducted and that data used to better inform the development of the Plan.
o These may be provided upon request as an Optional Task at the r ates identified in Optional Tasks 2-3 in Section VI.
8) The Plan will comprise the d evelopment objectives (both short -term and long -term) for CAGO population control and management
9) General habitat management recommendations to deter CAGO , that identify commonly used non-lethal techniques and describe methods that could be used for capture and removal of CAGO, will be provided within the Plan.
o A m ore in -depth habitat assessment and recommendations for deterrence and management of CAGO for each park or property are recommended and may be provided at additional costs, which are outlined within Optional Task 2. 10) Population projections for CAGO within Foster City, under potential management scenarios, will be provided using general CAGO reproductive trends and observational data provided by Foster City.
o More accurate and area-specific population projections can be provided; however, additional nesting season surveys, of properties within Foster City and areas nearby used for nesting, will be necessary to produce the most accurate population projections
▪ Such surveys can be cond ucted, upon request of Foster City, at the rates identified in Optional Task 4 in Section VI.
11) Steps for measuring the success of future management, that will allow for continuous reevaluation and adapt ation of the plan and associated management actions , will be included within the Plan, along with a cost benefit analysis component 12) The P lan will include steps to promote long-term effectiveness and sustainability that considers coordination with all entities and stakeholders including developers, planners, landscape designers, homeowner’s associations, businesses, realty companies, the public and duplicated in other municipalities in the metropolitan area, as much as feasible within the scope and costs provided.

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5 Assumptions for Task 1:
a. The CEQA Review will not be performed as a part of authoring the Plan. If Foster City would like CEQA Review to be performed, additional projected costs for those services, including time and billing rates, are provided within Optional Tasks (1a-1b) in Section VI of this document.
b. The time required to complete the environmental review process for compliance with CEQA may be dictated by the availability and responsiveness of state or federal agency personnel. Therefore, if Optional Task 1a-1b are requested by Foster City, the timeline identified for completion of the Plan (60 Days) will be extended to allow the Plan to be adjusted based on the final results of the CEQA analysis, which will be incorporated into the plan before it is finalized. c. The number of days required to complete Optional Tasks 1a-1b will not exceed the number identified in Section VI. If additional days or hours are required to complete these tasks, and upon approval of the city representative, additional costs will be billed at the rates identified in Section VI. d. Habitat modification recommendations provided within the Plan will be made based on literature and general knowledge of CAGO foraging behavior, known food attractants, and techniques used successfully within other management programs.
• Onsite field surveys of habitat available within select or all Foster City parks may be provided upon request, with site-specific recommendations for habitat modifications or exclusionary approaches within parks provided in the Plan, at the additional cost identified in Optional Task 2 in Section VI. e. All CAGO survey data used for development of the Plan has been collected by Foster City and/or other sources and will be provided to WI for summary and inclusion within the Plan; therefore, no additional field surveys or data collection will be required of WI to complete the Plan. No additional data or site visits will be required for preparation of the Plan.
• If additional site visits or field surveys are required, they may be provided at the rates identified within Optional Task 3 in Section VI. f. It is recommended that additional CAGO and habitat survey data are collected from within specific Foster City Parks or other local properties with CAGO issues to: 1) better inform management plan preparation; 2) collect more scientifically defensible data, using standardized digital and/or physical surveillance methods; and 3) provide a better baseline to be used to evaluate the efficacy and success of future management efforts as a part of a Comprehensive CAGO Management Program.
• At the request of Foster City, WI will conduct focused CAGO and/or habitat surveys within identified Foster City parks or other properties for the additional cost identified in Optional Tasks 2 and 3 in Section VI. Data collected during surveys will be reviewed and a summary provided within the Plan.

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6 Optional Task 1a: Initial CEQA Review and Report
All existing applicable documents, reports and permits will be reviewed for Foster City Lagoon and the relevant vicinity. The purpose is to identify what permits are in place and determine if there are any gaps in data or permit requirements for compliance with CEQA or other federal, state, or local laws. In addition, during the review, the potential for biologically sensitive resources (i.e. federally and/or state-listed threatened and endangered species, migratory birds, bald and golden eag les as well as other locally sensitive species or sensitive habitats) that could be impacted by the actions proposed within the Plan, will be analyzed. Wildlife Innovations will coordinate with Foster City or the appropriate agency to share results of findings and/or address any questions.

A report will be authored and submitted that summarizes the findings from the background review and identifies any necessary actions and /or the process for compliance with CEQA or other federal or state or local laws.

Optional Task 1b: Initial Study/Negative Declarations/Mitigated Negative Declarations Results from Optional Task 1a shall inform what type of environmental review is required. An Initial Study (IS) is a preliminary analysis which is prep ared to determine the relative environmental impacts associated with a proposed project. The IS is designed as a measuring mechanism to determine if a project will have a significant adverse effect on the environment, thereby triggering the need to prepare a full environmental Impact Report (EIR). It also functions as an evidentiary document containing information which supports conclusions that the project will not have a significant environmental impact or that the impacts can be mitigated to a “Less Than Significant” or “No Impact” level. If an IS is required, then the potential environmental effects of actions proposed within he Plan will be evaluated.

Based on the IS, additional documents and/or surveys may be required. Survey design and efforts will be developed wit hin the proposed costs as much as possible , but if additional services or efforts are required beyond the level predicted within the Costs table for this Task, then additional costs will be billed at the rates identified in Section VI. If an IS is appropriate to better evaluate the potential impacts associated with the project, a checklist will be filled out to support preparation of a Negative Declaration (ND) or a Mitigated Negative Declaration (MND). If the IS determines there are impacts that cannot be mitigated, then an EIR may be required.

Assumptions for Optional Task 1b:
a. Optional Task 1b cannot be performed without completing Optional Task 1a. b. Environmental Review for compliance wit h CEQA will be completed within the number of days identified within the Costs table for this Task. a. If additional time or effort are required to complete Environmental Review and compliance of the actions proposed within the Plan with CEQA , additional costs will be billed at the rates identified within the cost table for this Task in Section VI.
c. The time required to complete the environmental review process for compliance with CEQA may be dictated by the availability and responsiveness of state or federal agency personnel. Therefore, if Optional Task 1a -1b are requested by

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7 Foster City, the timeline iden tified for completion of the Plan (60 Days) will be extended to allow the Plan to be adjusted based on the final results of the CEQA analysis, which will be incorporated into the plan before it is finalized.

Optional Task 2: Customized Habitat Assessment and Management Recommendations Park properties will be physically surveyed, with existing habitat evaluated, described, and photographed, and customized site-specific recommendations provided for habitat modifications, exclusion, deterrence, or other management of CAGO, will be developed and included within the Plan.

Optional Task 3: CAGO Surveys to Evaluate Site Use and Inform Development of the Plan Surveys will be conducted for presence of CAGO , targeting known activity periods , and fecal transects will be established and surveyed to better quantify CAGO activity within Foster City Park properties. Surveys will be conducted 2-3 days per week, for a period of approximately six months, and not to exceed 44 total survey days. Survey data will be used to provide a baseline of CAGO presence (i.e. which parks are being used by CAGO and estimates on how many individuals are using Foster City Park properties), timing of presence (i.e. morning, evening, etc.), access points, and directional and behavioral use by CAGO (i.e. entry, exit, foraging, loafing, etc.), to inform habitat modificatio n, deterrence recommendations, and future manage ment efforts. Additional surveillance for CAGO using cellular -transmission capable cameras may be conducted to supplement data collected during physical surveys and provide more comprehensive, 24/7 surveillance of CAGO activity within priority properties. A summary of results and associated recommendations will be included within the Plan.

Assumptions for Optional Task 3:
a. If this additional level of customization and Plan development is requested by Foster City, WI will conduct CAGO surveys for the additional cost identified in Optional Task 3 in Section VI.
b. Data collected will be analyzed and incorporated into the Plan ; therefore, the timeline for completion of the finalized Plan will be extended until completion of the surveys.
c. Access to parks and other Foster City properties to be surveyed will not be restricted in a way that prevents the surveys from being completed within the amount of effort identified within Optional Task 3 in Section VI.

SECTION V: PROPOSED SCHEDULE
Wildlife Innovations will utilize different staff levels to develop and author portions of the Plan and deliver a finished product within 60 days of a fully executed contract by Foster City. If Optional Tasks are requested to be added to the scope of services to be provided by WI, the completion date for delivery of the Plan will be extended to allow for the additional services to be completed and included within the finalized Plan.

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8 SECTION VI: COST
Wildlife Innovations will provide all services necessary for completion of Tasks identified herein using different levels of personnel. Estimates of the projected time of involvement for each task are provided per staff level, within Table s 1-2 below. Daily rates include all IDC’s and ODC’s required to complete this project, within the timeframe (s) identified. Costs and personnel time reflected within Table 1 -2 are estimates, but costs will not exceed the total listed for each Task unless approved by the city representative for the project . If additional services or hours are required beyond the estimates provided, at the request of Foster City, additional services or work may be performed at the rates identified within the tables for each respective Task.

Table 1. Rates and projected number of days for each staff member, while authoring the Plan, for Foster City, CA.

Task 1: Authoring Integrative CAGO Management Plan
Personnel Daily Rate Projected # of Days Total
PI $1,400.00 0.5 $700.00
PM $1,240.00 5 $6,200.00
Specialist $2,000.00 3 $6,000.00
TOTAL $12,900.00
Table 2. Cost and effort projections for all Optional Tasks 1a-4, described herein.

Optional Task 1a: Initial Review for CEQA Compliance and Initial Review Report Personnel Daily Rate Projected # of Days Total
Specialist $2,000.00 1.25 $2,500.00
Ecologist $1,500.00 2 $3,000.00
TOTAL $5,500.00
Optional Task 1b: Prepare an Initial Study/Negative Declarations/Mitigated Negative Declarations Personnel Daily Rate Projected # of Days Total
Specialist $2,000.00 4 $8,000.00
Ecologist $1,500.00 6 $9,000.00
TOTAL $17,000.00
Optional Task 2: Habitat Assessment Surveys and Recommendations Personnel Daily Rate Projected # of Days Total
PI $1,400.00 1.5 $2,100.00
PM $1,240.00 9 $11,160.00
TOTAL $13,260.00
Optional Task 3: CAGO Surveys
Personnel Daily Rate Projected # of Days Total
PM $1,240.00 4.3 $5,332.00
BIO I $995.00 44 $43,780.00
TOTAL $49,112.00
Optional Task 4: Additional On-Call Services
Personnel Daily Rate Projected # of Days Total
PI $1,610.00 TBD TBD
PM $1,426.00 TBD TBD
Specialist $2,300.00 TBD TBD
Ecologist $1,725.00 TBD TBD
Wildlife Biologist $1,144.25 TBD TBD

TOTAL TBD

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9 SECTION VII: REFERENCES
1) Katrina Murbock
Base Representative/Wildlife Biologist
USMCB Camp Pendleton
Environmental Office
Oceanside, CA. 92054
Phone: (619) 870-7072| Email: [email protected]
2) DiAnna Abdo
Contract Specialist/Wildlife Biologist
Environmental Compliance
PO Box 357088
NASNI, Building 3, Second Floor
San Diego, CA. 92135
Phone: 386-316-6070| Email: [email protected] or [email protected] 3) Sandy Vissman
Wildlife Biologist
US Fish and Wildlife Service
Carlsbad Fish and Wildlife Office
2177 Salk Avenue, Suite 250
Carlsbad, CA 92008-7385
Phone: 619-224-6847| Email: [email protected]

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10 SECTION VIII: RESUMES OF KEY PERSONNEL
____________________________________________________________________________ Resume 1: S. Jake Manley, PI for Wildlife Innovations
____________________________________________________________________________ S. Jake Manley
11629 Westridge PL
Lakeside, CA. 92040
334-703-2946
[email protected]
Education
May 2010 B.S. Wildlife Science, Auburn University, School of Forestry and Wildlife Sciences, Auburn, AL. 36832
Permits
• USGS Bird Banding Lab: Master Bird Banding Permit (Permittee, 24158): Authorized for capturing/banding all raptors except Eagles and endangered/threatened species • California Department of Fish and Wildlife: Scientific Collecting Permit (Permittee, SC-12266):

Management of mammals, various non-raptor avian and raptor species • US Fish and Wildlife Service MBTA: Scientific Collecting Permit (Permittee, MB89983D) :

Management of Common Ravens and various species of raptors • California Department of Fish and Wildlife: Memorandum of Understanding (Permittee):

Management of Peregrine Falcons for protection of Threatened and Endangered Species • US Fish and Wildlife Service MBTA: Depredation Permits (Subpermittee, various): Management of avian species on state and federal properties in California • NATIVE ENDANGERED & THREATENED SP. RECOVERY - E & T WILDLIFE (Authorized Individual, TE097516-7): Monitoring of California Least Terns and Western Snowy Plovers Wildlife Project, Design, Implementation, and Management Experience • >6 years President and Prin cipal Investigator for Wildlife Innovations, including all aspects of business management, including invoicing, payroll, budget management, for a fast -paced and quickly growing Environmental Consulting Firm
• >12 years conducting wildlife management, includ ing predator and invasive species control, for listed species on federal, state, and city lands
• >10 years of experience managing multiple projects, including attending meetings, preparation of work plans, accident prevention plans, wildlife mitigation plan s, scopes of work, standard operating procedures, and budgets, hiring and training of employees, prompt completion of deliverables (such as weekly, monthly, quarterly, and annual reports and databases), managing budgets, and application and renewal of permits
• >10 years of experience designing experimental research projects, with emphasis in the development of innovative new wildlife management strategies, techniques, and equipment • > 3 years conducting wildlife hazard mitigation for airports

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11 • Authored statistical reports and peer reviewed manuscripts and presented scientific findings in both oral and written formats to audiences at professional meetings • Preparation of Federal and State Grant applications and proposals • Conducted initial site assessments to identify site -specific limitations and gather data for development of management and mitigation plans
Wildlife Capture, Handling, and Euthanasia Experience
Capture, banding, egg addling, and translocation of raptors • Trap types include: bal-chatri traps, bownets, dho-gazza, Swedish goshawk, padded-jaw foothold traps on a pole, verbail, EZ -catch net traps, noose carpets, harness traps, and customized traps developed by Wildlife Innovations
Capturing, handling, and management of an array of small to large mammals • Trap types include: cage traps of many sizes and types, coral traps, padded -jaw foothold traps, conibear traps, dog-proof traps, A-24 pneumatic self-resetting traps, Sherman traps, and snares • Direct euthanasia via safe and discrete use of firearms and chemical euthanasia, or other means approved by the American Veterinary Medical Associations Guidelines for Euthanasia (2020) Capturing, handling, and management of Corvids
• Trap types include: net launchers, netguns, bal-chatri traps, bownets, Swedish goshawk, padded- jaw foothold traps on a pole, and customized traps developed by Wildlife Innovations • Direct euthanasia via safe and discrete use of firearms and other means approved by the American Veterinary Medical Associations Guidelines for Euthanasia (2020) Predator Control: including the use of traps, firearms, surveillance systems, protocol level surveys, and operating vehicles within sensitive habitats or in proximity to non-target, and sensitive state and federally threatened and endangered species, and their nests.

Deterrence, Exclusion, Hazing: of a variety of wildlife species, including but not limited to coyotes, skunks, raccoons, opossums, crows, ravens, gulls, etc
Special Status Species Experience: California Least Tern, Western Snowy Plover, Light -footed Ridgeway’s Rail, Mariana Crow, San Clemente Bell’s Sparrow, San Clemente Loggerhead Shrike, and Burrowing Owl
Wildlife Work Experience
President and Principal Investigator, Wildlife Innovations (2017-Present) • Predator Control for the Protection of California Least Tern and Western Snowy Plover, Marine Corps Base Camp Pendleton, CA
• Predator Control for the Protection of California Least Tern and Western Snowy Plover, Naval Base Coronado, CA
• Predator Control for the Light -footed Ridgeway’s Rail during the San Elijo Lagoon Restoration Project, CA
• Predator Research and Management for the Burrowing Owl, San Diego Habitat Conservancy, CA • Predator Control for the California Least Tern on FAA Island, Mission Bay, CA • Predator Control for the Western Snowy Plover and California Least Tern, Oceano Dunes State Vehicular Recreational Area, CA
• Predator Control for the Western Snowy Plover and California Least Tern, Bolsa Chic a Ecological Reserve, CA

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12 • Predator Control for the California Least Tern, Port of Los Angeles, CA • Predator Control for the California Least Tern, Venice Beach, CA • Predator Control for the California Least Tern, East Bay Regional Park District, CA • Wildlife H azard Mitigation, Brown Field Municipal Airport and Montgomery -Gibbs Executive Airport
• Hazing and Recovery Units, Oiled Wildlife Care Network, UC Davis, CA Institute for Wildlife Studies, San Diego, CA (2010–2017) • Project Manager, Naval Base Coronado, Marine Corps Base Camp Pendleton, San Nicolas Island, Island of Rota, MP.
• Predator Biologist, San Clemente Island, San Nicolas Island, Pinnacles National Park • Aerial Telemetry Technician, San Clemente Island, Santa Catalina Island, San Nicolas Island Mountain Lion Technician (2014-2016), Orange and San Diego Counties Technical Reports
• Manley, Steven J. and D. Garcelon. Chukar removal on naval base San Nicolas Island (2012-2013) • Manley, Steven J. and D. Garcelon. Predator Research and Management in Support of the Protection of the Western Snowy Plover and California Least Tern on Naval Base Coronado (2012, 2013, 2014, 2015, 2016, 2017)
• Manley, Steven J. Predator Research and Management in Support of the Protection of the Western Snowy Plover and California Least Tern on Naval Base Coronado (2018) • Manley, Steven J and R. B. Johnson. Predator Research and Management for the Protection of the Light-footed Ridgway’s Rail in San Elijo Lagoon (2018, 2019, 2020, 2021) • Manley, Steven J. and B. J ohnson Predator Research and Management in Support of the Protection of the Western Snowy Plover and California Least Tern on Naval Base Coronado (2019, 2020, 2021, 2022)
• Biteman, Daniel S. and Steven J. Manley. California Least Tern and Western Snowy Plover Predator Control on Marine Corps Base Camp Pendleton, California (2019, 2020, 2021, 2022) • Steven J. Manley and R. B. Johnson. California Least Tern Predator Management on Venice Beach, California (2022)
• Biteman, Daniel S. and Steven J. Manley. California Least Tern and Western Snowy Plover Predator Management on Oceano Dunes State Vehicular Recreational Area, California (2021, 2022) • Steven J. Manley and R. B. Johnson. California Least Tern Predator Management on Port of Los Angeles, California (2022)
• Steven J. Manley and R. B. Johnson. California Least Tern Predator Management on FAA Island, California (2020, 2021, 2022)
Publications
Leo, Brian T. and Steven J. Manley. 2018. Capturing American Crows for the Protection of Threatened and Endangered Shorebird Species. Wildlife Society Bulletin, 42(4), pp.643-648.

Certifications
• CA State Trapping License (Professional Pest Management) • Chemical Immobilization and Wildlife Handling (California Wolf Center, 2012) • ArcGIS Basic (2014)
• 24 Hour HAZWOPER (2015)

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13 • Airport Driver’s License (2016, 2020, 2021)
• ATV Operator’s License (Current)
• Range Safety Officer Certified (Marine Corps Base Camp Pendleton) • NRA Firearms Safety Instructor (Current, Basic Pistol, Basic Rifle, and Basic Shotgun Courses)

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14 Resume 2: Daniel Biteman, PM for Wildlife Innovations _____________________________________________________________________________________ Daniel S. Biteman
11629 Westridge Place
Lakeside, CA, 92040
[email protected]
Phone: 619-966-5147
Education: B.S. Wildlife Management and Conservation, Humboldt State University, 2005 Wildlife Project Design and Management Experience
• >15 years of experience designing customized wildlife management programs, and authoring wildlife management plans, to mitigate human-wildlife conflict, hazards posed by wildlife, and predation of listed species on military installations, state, city, and private properties • >15 years of ex perience managing multiple cooperative agreements concurrently, on military installations, state, city, and other properties, completing deliverables on time, and managing budgets • >14 years hiring and training employees to recognize wildlife species, wildlife sign, damage caused by wildlife, and to employ effective mitigation strategies, including the safe and discrete use of traps, hazing equipment, and firearms
• 14 years of experience designing experimental research projects, with emphasis in the develo pment of innovative new management strategies, techniques, and equipment • Authored wildlife management plans, statistical reports, peer reviewed manuscripts, standard operating procedures, protocols, work plans, Wildlife Hazard Assessments, and presented sc ientific findings in both oral and written formats to audiences at professional meetings Wildlife Capture, Handling, and Euthanasia Experience
• Capture, banding, and translocation of more than 600 raptors, including Red-tailed Hawk, Common Barn Owl, Coop er’s Hawk, Red -shouldered Hawk, American Kestrel, Ferruginous Hawk, Swainson’s Hawk, Northern Harrier, Peregrine Falcon, Great Horned Owl, and Turkey Vulture • Avian (raptors and corvids) captures were conducted using common trap types, including: bal-chatri traps, bownets, dho-gazza, Swedish goshawk, padded -jaw foothold traps (on and off a pole) , verbail, EZ-catch net traps, noose carpets, net launcher, net guns, and harness traps • Capture and handling of more than 2000 mammals using the following trap types : cage traps of many sizes and types, padded-jaw foothold traps, conibear traps, dog-proof traps, A-24 pneumatic self-resetting traps, Sherman traps, and snares
• Direct euthanasia of predators determined to be either a predatory threat to listed species, or a threat to human health and safety or aircraft, was conducted via gunshot, chemical euthanasia, or other means approved by the American Veterinary Medical Asso ciations Guidelines for Euthanasia (2020), including but not limited to the following species: Canada G oose, American Crow, Common Raven, Mallard, Widgeon, Green-winged Teal, Canvasback, Great Blue Heron, Great Egret, Snowy Egret, Double -crested

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15 cormorant, Western Gull, California Gull, Red -tailed Hawk, California ground squirrel, striped skunk, Virginia opossum, black rat, Norway rat, coyote, red fox, Turkey Vulture, European Starling, Eurasian Collared Dove, Mourning Dove, Whimbrel, feral cats
• More than eleven years of experience conducting predator control, including the use of traps, firearms, and operating vehicles within sensitive habitats or in proximity to non -target, and sensitive state and federally threatened and endangered species, and their nest s. Federally listed species included the California Least Tern, Western Snowy Plover, Light-footed Ridgeway’s Rail, San Clemente Bell’s Sparrow, San Clemente Loggerhead Shrike, and others.
• Conducted thousands of post-mortem examinations, and depredation investigations • NRA Certified basic firearms safety instructor (pistols, rifles, shotguns), and Range Safety Officer (RSO) certified for Camp Pendleton
Wildlife Work Experience
➢ Senior Wildlife Biologist, Wildlife Innovations (March 2019-Present, 40-100hrs/week) ▪ Predator Control for the Protection of California Least Tern and Western Snowy Plover, US Marine Corps, Marine Corps Base Camp Pendleton, CA
▪ Predator Control for the Light-footed Ridgeway’s Rail during the San Elijo Lagoon Restoration Project, Caltrans via Moffet and Nichol, CA
▪ Predator Research and Management for the California Least Tern and Western Snowy Plover, US Navy, Naval Base Coronado, CA
▪ Predator Control for the California Least Tern on FAA Island, US Fish and Wildlife Service, Mission Bay, CA
▪ Predator Control for the Western Snowy Plover and California Least Tern, California State Parks, Oceano Dunes State Vehicular Recreational Area, CA
▪ Predator Control for the Western Snowy Plover and California Least Tern, US Fish and Wildlife Service and California Department of Fish and Wildlife, Bolsa Chica Ecological Reserve, CA ▪ Predator Research and Management for the Burrowing Owl, San Diego Habitat Conservancy, Ramona Grasslands Conservation Bank, CA
▪ Predator Control for the California Least Tern, Port of Los Angeles, Pier 400, CA ▪ Predator Control for the California Least Tern, US Fish and Wildlife Service/California State Parks/California Department of Fish and Wildlife, Venice Beach, CA ▪ Predator Control for the California Least Tern, East Bay Regional Park District, Hayward and Martin Luther King Jr. Regional Parks, CA
▪ Wildlife Hazard Mitigation, Brown Field Municipal Airport and Montgomery-Gibbs Executive Airport ▪ Hazing and Recovery Units, Oiled Wildlife Care Network, UC Davis, CA

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16 ➢ Senior Wildlife Biologist and Consultant, Wildlife Innovation, San Diego, CA (2017–March 2019, <20hrs/week)
➢ Recovery and Hazing Specialist, Oiled Wildlife Care Network (OWCN), Davis, CA (2014–Present, as needed)
➢ FAA Qualified Airport Wildlife Biologist, USDA-APHIS-Wildlife Services, Oakland, CA (April 2018– February 2019, 40–60hrs/week)
➢ FAA/BASH Qualified Airport Wildlife Biologist, USDA-APHIS-Wildlife Services, Air Force Base Plant 42 and Edwards Air Force Base, Palmdale, CA (2018, 40–60hrs/week) ➢ FAA/BASH Qualified Airport Wildlife Biologist, USDA-APHIS-Wildlife Services, Los Alamitos, CA (2015– 2018, 40–60 hrs/week)
➢ Project Manager, Institute for Wildlife Studies, San Diego, CA (November 2008 to September 2015, 40- 80hrs/week)
Cooperative Agreements Managed
▪ Predator Research and Ecosystem Management, San Clemente loggerhead shrike and Bell’s sparrow Recovery Programs, Naval Auxiliary Landing Field San Clemente Island, CA (2007–2015). ▪ Veterinary Services for isl and foxes on Naval Auxiliary Landing Field San Clemente Island, CA (2007–2015).
▪ Seabird Nest Site Protection and Monitoring, Naval Auxiliary Landing Field San Clemente Island, CA (2013 –2015).
▪ Predator Control to protect California least terns and west ern snowy plovers, Naval Base Coronado, CA (2012 –2015).
▪ Predator Control to protect California least terns and western snowy plovers, Marine Corps Base Camp Pendleton, CA (2012 –2015).
▪ Annual Population Monitoring of the San Clemente Island fox, Naval Auxiliary Landing Field San Clemente Island, CA (2011–2013, July–September)
▪ Monitoring of collared island foxes as Sentinels for disease introduction, Naval Auxiliary Landing Field San Clemente Island and Santa Catalina Island, CA (2013 –2014) ▪ Feral Pig Removal, Pinnacles National Monument, Hollister CA (2012) ▪ Research projects designed to inform adaptive management effort to mitigate impacts to listed species on San Clemente Island, CA (2007–2015).
▪ Video camera monitoring of >35 federally endanger ed San Clemente loggerhead shrike nests (between 2008 -2015) for ultimate -fate, and to infer impacts of both native and non -native predators.
▪ Video camera monitoring of approximately 40 federally threatened San Clemente Bell’s sparrow nests (between 2012 -2015) for ultimate fate, to predict and measure impacts of predation, military training, and form management recommendations. ▪ Home range and habitat use of 12 feral cats wearing GPS collars on San Clemente Island (SCI), to infer impacts to listed species (2011-2012).
▪ Home range and habitat use of 12 common ravens wearing VHF transmitters on SCI (2010-2011). ▪ Investigating home range and habitat use of 24 black rats wearing VHF transmitters on SCI (2010). ▪ Bi-Annual monitoring for abundance and richness of small mammals in 3 habitat -types on SCI (2012–2015).

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17 ▪ Design of a sampling scheme aimed at determining the extent and distribution of exposure of island foxes to rodenticide on SCI (2011-2012).
▪ Video monitoring of areas where insecticide was deployed to eradicate argentine ants, for presence and interaction of San Clemente Bell’s sparrow and San Clemente Island fox (2014).

Publications
Peer reviewed articles
• M.A. Parsons, A.S. Bridges, Biteman, D.S., D.K. Garcelon. 2019. Precipitation and Prey Abundance Influence Food Habits of an Invasive Carnivore. Animal Conservation. • Biteman, D., D.Collins, B. Washburn. 2019. Sunshine Beaches and Birds: Managing Raptor -Aircraft Collisions at Airports in Southern California.
• Bridges, A.S., J.N. Sanchez, D.S. Biteman. 2015. Spatial ecology of invasive feral cats on San Clemente Island: implications for control and management. Journal of Mammalogy 96(1): 81-89. • Bridges, A.S., D.S. Biteman, E.E. Deleon, B.E. Cross. 2015. Threatened San Clemente Bell’s Sparrow nest depredated by island night lizard. Western North American Naturalist 75(2).

Technical reports
• Biteman, D. S. and S. J. Manley. California Least Tern and Western Snowy Plover Predator Control on Marine Corps Base Camp Pendleton, California. Final Annual Report. 2019, 2020, 2021, 2022 • Biteman, D. S. and S. J. Manley. California Least Tern and Western Snowy Plover Predator Control within the Bolsa Chica Ecological Reserve, California. Final Annual Report. 2021, 2022 • Biteman, D. S. and S. J. Manley. Predator Surveillance for California Least Terns and Western Snowy Plovers nesting within Hayward and Martin Luther King Jr. Regional Shorelines, California. Final Annual Report. 2021, 2022
• Biteman, D. S. and S. J. Manley. Raptor and Owl Management for the California Least Tern and Western Snowy Plover on Oceano Dunes State Vehicular Recreational Area, California. 2021, 2022 • Biteman, D. S. and S. J. Manley. California Least Tern and Western Snowy Plover Predator Control on Marine Corps Base Camp Pendleton, California. Final Annual Report. 2019, 2020, 2021, 2022 • Biteman, D.S., R. Odell, and E. Chow. 2019. Wildlife Hazard Assessment for Oakland International Airport. Final Report.
• Biteman, D.S., B.E. Cross, A.S. Bridges, D.K. Garcelon. 2015. San Clemente Loggerhead Shrike Predator Research and Management Program – 2014. Final Report.
• Biteman, D.S., J.S. Sieger, A.S. Bridges, D.K. Garcelon. 2014. San Clemente Loggerhead Shrike Predator Research and Management Program – 2013. Final Report.
• Biteman, D.S., A.S. Bridges, D.K. Garcelon. 2013. Sentinel Fox Monitoring – 2013. Final Report. U.S.

Navy, Natural Resources Management Branch, Southwest Division Naval Facilities Engineering Command, San Diego, California.
• Biteman, D.S., A.S. Bridges, D.K. Garcelon. 2014. San Clemente Loggerhead Shrike Predator Research and Management Program – 2012. Final Report.
• Biteman, D.S., T.W. Higgins, A.S. Bridges, and D.K. Garcelon. 2012. Predator Research Ecology and Management in Support of the Recovery of the San Clemente Loggerhead Shrike on San Clemente Island – 2011 Final Report.
• Biteman, D. S., T.W. Higgins, A.S. Bridges, D.K. Garcelon. 2011. Predator Research and Management in Support of the Recovery of the San Clemente Loggerhead Shrike on San Cl emente Island – 2010 Final Report.

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18 • Biteman, D.S., L.S. Brown, A.S. Bridges, D.K. Garcelon. 2010. Predator Research and Management in Support of the Recovery of the San Clemente Loggerhead Shrike on San Clemente Island – 2009 Final Report.
• Biteman, D.S., A.S. Bridges, D.A. Simmons, B.R. Hudgens, D.K. Garcelon. 2010. Predator Research and Management in Support of the Recovery of the San Clemente Loggerhead Shrike on San Clemente Island – 2008 Final Report.
• Bridges, A.S., D.S. Biteman, D.K. Garcelon, and L. Munson. 2010. Research study on the pathology and veterinary services for island fox on San Clemente Island – 2009 Final Report. • Bridges, A, S., D.K. Garcelon, L. Munson, T. W. Vickers, and D.S. Biteman. 2009. Research study on the pathology and veterinary services for island fox on San Clemente Island – 2008. Final Report.

Professional Presentations
• D. Biteman, D.Collins, and B. Washburn. Sunshine Beaches and Birds: Managing Raptor -Aircraft Collisions at Airports in Southern California. 2 8th Vertebrate Conference. February 18 –26, 2018.

Rohnert Park, California, USA.
• D. Biteman, D.Collins, and B. Washburn. Translocating Raptors from Los Angeles Area Airports:

Lessons Learned and Improving for the Future. Bird Strike Committee USA. August 21–23, 2018.

Baltimore, Maryland, USA.
• Bridges, A.S., D.S. Biteman, D.K. Garcelon, M.A. Booker, and J.N. Sanchez. Know thy enemy: Research towards understanding an invasive carnivore population and mitigating its impacts on threatened island endemics. 26th International Congress for Conservation Biology. July 21 -25, 2013. Baltimore, Maryland, USA.
• Biteman, D.S., A.S. Bridges, D.K. Garcelon, T.W. Higgins, and M.A. Booker. 2012. Long -term dietary patterns of invasive feral cats and associated implications for listed island endemics of San Clemente Island, California. 19th Annual Conference of The Wildlife Society. Portland, Oregon, USA. • Higgins, T.W., A.S. Bridges, J.N. Sanchez, S.N. King, E.J. Lundgren, D.S. Biteman, and M.A. Booker. 2012. S patial ecology of invasive black rats on San Clemente Island, California. 19th Annual Conference of The Wildlife Society. Portland, Oregon, USA. • Bridges, A.S., D.S. Biteman, M.A. Booker, S.M. Farabaugh, D.K. Garcelon, J.T. Stahl, S.M. Vissman. 2012. Two decades of recovery: how intensive, expensive, and adaptive management retrieved the endangered San Clemente loggerhead shrike from the brink of extinction. 4th International Wildlife Management Congress, Durban, South Africa.
• Biteman, D.S., A.S. Bridges, and D.K. Garcelon. 2012. Innovative technology for predator research and management supporting listed species recovery on the Naval Auxiliary Landing Field, San Clemente Island, California. Western Section of the Wildlife Society. Sacramento, California, USA. • Biteman, D.S., A.S. Bridges, D.K. Garcelon, and M.A. Booker. 2011. Applications of technology for research and protection of island-endemic avifauna on San Clemente Island, California. 18th Annual Conference of The Wildlife Society. Waikoloa, Hawaii, USA. • Biteman, D.S., A.S. Bridges, D.K. Garcelon, J.T. Stahl, and M.A. Booker. 2010. Predation at San Clemente loggerhead shrike nests: Evaluation and quantification via remote video -camera systems. 128th Meeting of the American Ornithologists’ Union. San Diego, California, USA.

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19 Resume 3: Dr. Tara Shoenwetter, PhD, M.S., Specialist for Wildlife Innovations _____________________________________________________________________________________ Tara Schoenwetter
Ph.D. Lincoln University Centre for Research Excellence and Ecology Division, PhD Program in Ecology
M.S. Frostburg State University Applied Ecology and Conservation Biology Masters Program B.S. Biology (Ecology Emphasis), University of California Irvine Dr. Schoenwetter is an ecologist/biologist with over 20 years of experience in planning, implementing field studies and reporting. Dr. Schoenwetter has worked on numerous tasks related to biodiversity and research projects throughout the United State s (including pacific islands) and internationally including Mexico, Mozambique, Africa (Kenya, Tanzania), Madagascar and New Zealand. Dr. Schoenwetter focuses on the assessment and management of sensitive environments and has extensive experience conducting field work and analysis related to management of threatened and endangered species and their habitats, invasive species, wetlands, species habitat modeling, natural resources permitting, compliance, project management, section 7 documentation, and consultation support.

Dr. Schoenwetter consults and negotiates effectively with diverse audiences, who often have competing interests with respect to wildlife resource conservation and management programs, policies, and activities. She performs field surveys, develops documents and reports for compliance with National Environmental Policy Act (NEPA), California Environmental Quality Act (CEQA), Hawaii Environmental Policy Act ( HEPA), Clean Water Act (CWA), Coastal Zone Management Act (CZMA), Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), Equator Principles (EP) and the International Finance Corporation (IFC) Performance Standards, as well as many other requirements for , various government, state, local, county, and international environ mental standards and regulations. Dr. Schoenwetter has provided biological support for Environmental Impact Statements and Reviews (EIS and EIR), Habitat Conservation Plans, Integrated Natural Resource Management Plans (INRMP), Biological Assessments (BA), Environmental Assessments (EA), Biological Evaluations (BE), Species and Climatic Modeling, Initial Studies (IS), Monitoring Plans as well as many other documents addressing species protection, mitigation, restoration, monitoring and recovery in the U.S. and internationally. She completes natural resources permit applications (jurisdictional wetlands and species take permits), has a USFWS 10(a)(1)(A) recovery permit for branchiopods, coastal California gnatcatcher and federally listed plants, and is OSHA HAZWOPER certified. Dr. Schoenwetter has also worked on corrective remediation/mitigation for criminal environmental regulations. The clients she works with covers a variety of government and public entities including Naval Facilities Engineering Command, U.S. Marine Corps, U.S. Air Force, U.S Army, U.S. Navy, Air National Guard, National Aeronautics and Space Administration (NASA), Bureau of Land Management (BLM), Department of Energy (DOE), Boeing, United States Forest Service, Chevron Corporation, triba l communities, Banks and various State, County, City and private organizations.

SELECTED PROFESSIONAL EXPERIENCE
Mitigation and Monitoring Plans, CEQA Compliance Aqua Dulce, California. 2022 - current. Dr.

Schoenwetter plays a key role in ensuring CEQA compliance during project activities. She works closely with California Department of Fish and Wildlife (CDFW). Dr. Schoenwetter has been key in developing

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20 mitigation and monitoring plans for mammals and herpetofauna, which involved but was not limited to assessing populations projections, carrying capacity and relocation strategies.

Corrective Remediation/Mitigation for California Department of Fish and Wildlife (CDFW), CEQA Compliance/California. Dr. Schoenwetter serves as the designated biologist that performs analyses, assessments and develops remediation/mitigation plans to ensure compliance associated with CEQA and CDFW violations.

Biological Surveys and Evaluation for Environmental Compliance, CEQA Compliance, California . Dr.

Schoenwetter is responsible for performing biological surveys, impact analyses and writing reports for compliance with CEQA and city regula tions. Projects are located Yolo, Trinity, Santa Clara, and Lake County.

NEPA Document Review, Civil Nuclear Credit (CNC) Program, U. S. Department of Energy /Leidos. current. Dr. Schoenwetter is the Ecological Resource lead and is reviewing existing Nuclear Regulatory Commission NEPA documentation for nuclear reactors to support their continued operations and ensure that DOE meet their NEPA obligations.

Davy Crocket U.S Army/ U.S. Army Corps of Engineers, California and Hawaii/ Leidos. 2018 to current.

Dr. Schoenwetter assesses habitat conditions, conducts water and soil sampling across multiple installations for the Davy Crockett Weapon System Depleted Uranium (DU) project. At each installation, she manages sampling events (for chemical and physical analysis), following specific guidelines and characterizes the sample sites (e.g., documenting the current condition, weather, water flow characteristics, soils and aquatic community [biological resources vegetation, invertebrates, etc.]).

Biodiversity Assessment, Citi, Tuxpan, Mexico/ Leidos. 2019 to current. Dr. Schoenwetter serves as the lead biologist for Servitux / Monterra Tuxpan Port Terminal facility development projec t. She is responsible for the development of a monitoring and management program to examine biodiversity within and adjacent to a mangrove forest and tular wetlands. Dr. Schoenwetter conducts field visits, reviews existing documents, conducts audits and provides recommendations to ensure compliance with EPs, IFCP, Ramsar guidelines and Mexican Official Standards.

NASA AMES Research Center, California/ Leidos. 2018 to 2020 . Dr. Schoenwetter provided biological support for multiple tasks related to manage ment and compliance with environmental regulations for natural resources at NASA AMES Research Park. She served as the biological resources manager and conducted various field surveys, studies; prepared reports and management plans for federal, state, other sensitive and general species that occur throughout the San Francisco Bay area.

Oil Field Analysis Castro Creek, Chevron, Richmond, California/ Leidos. 2018. Performed annual monitoring and surveys for biological resources. Provided botanical and wildlife resources support at the Chevron facility.

Biological Resources CEQA support for Cabrillo Pavilion and Bathhouse, Santa Barbara California. City of Santa Barbara Leidos. 2014 to 2015. Project manager and biologist for Phase 1 surveys and reporting for construction and restoration of the Cabrillo Pavilion and Bathhouse. Conducted surveys to identify vegetation habitats, wildlife species, communities, non -native plant species, environmen tal constraints, potential project impacts and mitigation measures to support CEQA.

Port of Long Beach Master Plan Update, California/ Leidos. 2019 to 2020. Dr. Schoenwetter assisted in preparing the biological resources section for general and special status species for the Port of Long Beach Master Plan update Program Environmental Impact Report and prepared documents for compliance with (CEQA).

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21 San Francisco India Basin Biological Assessment, California/ Leidos. 2019 to 2020 . Worked with San Francisco Recreation and Parks Department, San Francisco Regional Water Quality Control Board (RWQCB) and United States (U.S.) Environmental Protection Agency. Prepared the BA that addresses federal, state and other San Francisco Bay sensitive species for remedia tion for tidal and submerged (offshore) sediments and upland (onshore) soils.

San Francisco Marina East Harbor Renovation and Remediation. San Francisco Bay Parks and Recreation Department, California/ Leidos. 2017 to 2020 . This project involved renovati on, remediation and rehabilitation of facilities at the East Harbor, necessary to facilitate continued use and operation of the marina. Dr. Schoenwetter was the lead biologist preparing the BA provided support for regulatory agency permitting. This project addresses various fish and marine mammal species including those protected under the ESA, Marine Mammal Protection Act, and the Essential Fish Habitat (EFH) provisions of the Magnuson-Stevens Fishery Conservation and Management Act. Dr. Schoenwetter wor ked with the San Francisco Bay Conservation and Development Commission (BCDC) and National Marine Fisheries Service (NMFS)/ National Oceanic Atmospheric Administration (NOAA).

Programmatic Biological Assessment for Homestead Air Reserve Base, U.S. Air F orce, Florida/ Leidos. 2017 to 2020. Dr. Schoenwetter played a lead role in preparation of the Biological Assessment for ongoing and future operations and involved analyzing 52 species including mammals, birds, reptiles, fish, snails, insects, coral, flowering plants and ferns at Homestead Air Reserve Base in Miami-Dade County, Florida.

Santa Susana Field Laboratory (SSFL) Energy Technology Engineering Center (ETEC) Site Closure, Sensitive Species Surveys, Management and Research Studies. U. S. Department of Energy/ CDM, Leidos, California. 2011 to current . Dr Schoenwetter is the lead biologist and conducts habitat assessments, rare plant, wildlife, birds, wetland and supports archeological surveys. She assists with the management of a number of federal a nd state listed species, monitors sensitive bird nests and other wildlife species. Dr. Schoenwetter has been involved in community outreach and collaboration and supported research for a phytoremediation and bioremediation study. She has developed method s and set up experiments, including seed collections, to better understand the biology and protection for Braunton’s milk-vetch from herbivory, and developed post-fire studies in response to the 2018 Woolsey Fire. Dr. Schoenwetter has been key in the deve lopment of the EIS, BA and various reports. and participates in various public meetings and hearings.

Legislative Environmental Impact Statement (EIS) for Nevada Test and Training Range Land Withdrawal.

U.S. Air Force, Leidos, Nevada. 2016 to 2020 . Dr. Schoenwetter was the lead in preparation of the biological resources sections for the EIS. She has reviewed and provided input for various reports that include: Key Habitats, Special Status Species Habitat Range Modeling, Special Status Species, Plant Community and Mapping, Rare Plants, Golden eagles and Raptors, Large Mammals, Small mammal, Migratory Bird Species, Roadless Areas, and Desert Tortoise. Dr. Schoenwetter is also providing guidance on the Biological Assessment, which focuses on the Desert Tortoise and has participated in various meetings to develop strategies for modeling desert tortoise habitat across approximately 2.9 million acres.

BLM Rapid Ecoregional Assessments (REA) IDIQ Services and Climate Change Modeling for Northern Great Basin, multiple locations across the Northern Great Basin. 2012-2016. Dr. Schoenwetter played a key role collecting data and reviewing literature for specific species and habitats, to develop ecological models for BLM decision -making for conservation priorities, restoration potential, and for management strategies. Dr. Schoenwetter reviewed scientific literature and analyzed the various models (e.g. Maxent, Global Climate Model, Species Distribution Models [Climate Envelope -Modeling, Habitat Modeling and Niche Modeling], State and Transition Models and Dynamic Global Vegetation Models) and climate

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22 scenarios that provided an overview and guidance to forecast future changes in conservation elements related to climate change. This ultimately was incorporated into an assessment designed to provide BLM with a decision support system backed by a database and scientific assessment for these ecoregions, which encompass portions of Oregon, Idaho, Nevada, California and Utah.

New Zealand, Isaac Centre for Nature Conservation (ICNC) and Centre for Research Excellence Lincoln University PO Box 84 Canterbury, New Zealand 07/2006 10/2010. Dr. Schoenwetter was a Research Fellow/Administrator for Issac Centre for Nature Conservation & Bio Protection Research Centre. She facilitated research projects. Dr. Schoenwetter worked with multiple partnerships to develop landscape- scale conservation strategies and was involved with int erpersonal skills Coordination and events that include but were not limited State of the Nations Environment Address, Flock Hill and Research/Planning Workshops, ICNC Board Meetings, community outreach, and public talks. Dr. Schoenwetter collaborated with existing partnerships and provided leadership in creating, guiding, facilitating, and nurturing new partnerships to promote a collaborative network amongst Service programs, state conservation agencies, and the public to support conservation and analyses of natural resource practices. She assisted in writing and compiling

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23 Resume 4: Barry Nerhus, M.S., Specialist for Wildlife Innovations __________________________________________________________________________________________ Barry Nerhus

REGISTRATION/

LICENSES
USFWS 10(a)(1)(A)
Recovery Permit,TE74785A- 2
for various species
CDFW Scientific Collecting
Permit, SC- 010434, issued
3/2020 for various species

EDUCATION
B.S., 2007, Biology, University
of California at Irvine
M.S., 2016, Biology,
California State University
at Long Beach

CERTIFICATIONS
Certified Stormwater Protection
Practitioner and Designer
(QSP/D) #27735
Certified Professional in Erosion
and Sediment Control #9658

PROFESSIONAL

AFFILIATIONS
Association of Environmental
Professionals (AEP)
Southern California Botanists
Society for Ecological
Restoration

TRAINING
Caltrans Mandatory Water Pollution
Control Manager (WPCM) – (2020)
Barry is a wildlife biologist and restoration ecologist with 16 years of management experience in biological monitoring, biological research, environmental assessment, wildlife studies, contract management, and inter-agency coordination. He has extensive experience managing construction projects in and adjacent to sensitive habitats. This experience allows him to lead and develop rapid response solutions to challenges that are faced in the field.

Barry is trained in a broad range of natural resource disciplines including wildlife translocation, biological surveys/monitoring, habitat restoration ecology, wetland science, botany, herpetology, and ornithology. He holds CDFW Scientific Collecting Permit for amphibians, reptiles, fishes, small mammals, population studies/capture, mark, release for western pond turtles, cowbird trapping. In addition, he holds USFWS Recovery Permits to conduct surveys f or California Gnatcatcher, Burrowing Owl, Red -legged frog, Ridgeway’s Rail, Arroyo Toad, Least Bell’s Vireo, southwestern pond turtle. He also surveys for the least Bell’s vireo, southwestern willow flycatcher, yellow -billed cuckoo, three - spined stickleback, arroyo chub, and Mojave River vole.

Experience
Los Angeles County, Monitoring of western snowy plover during sand berm maintenance at Zuma, Hermosa, Dockweiler, and Venice Beaches, LA County, CA.

Lead biologist who observed the plover behavior for 25 days in two phases in 2010 to 2011. The first phase (construction of the berms) was done on November 1, 2010 and last approximately 15 days. The second phase (take down of the berms) was scheduled between February 21 and March 4, 2011.

He cond ucted any necessary pre -project coordination with the County, including the preparation of a work plan, and any required day -to-day communication between the monitors and the County. Prior to the onset of berm construction, Barry visually inspected Zuma an d Hermosa Beaches and determine their use by plovers. The prime biologist reviewed the provisions of CA Coastal Commission Development Permit 5 -02-385 that pertain to plovers, and reviewed maps of plover occurrence provided by the County.

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24 Orange County Public Works, Haster Basin Project
Relocated adult and gosling Canada Geese under permit, prior to draining the basin for necessary maintenance and improvement
Army Corps of Engineers, Santa Ana River Marsh Dredging Project This project examined environmental impacts of routine dredging conducted in the Santa Ana River Marsh in Newport Beach, CA. Managed the natural resource compliance for the 87 -acre Santa Ana River Marsh (SARM) during the dredging of the tidal channels.

Lead Biologist responsible for surveying native vegetation on site mapping pre and post construction impacts. Conducted Caulerpa taxifolia surveys within eelgrass meadows on site and water quality assessments in both the bay and in near-shore adjacent sites. Benthic invertebrate samples were also collected, sieved, and prepared in compliance with Risk Level 3 Bioassessment requirements of the Clean Water Act.

Supported endangered species surve ys including Light -footed Ridgeway’s Rail, Belding’s Savannah Sparrow, and California Least Tern. These data were worked into a final report detailing survey and water quality results.

Marine Corps Base Camp Pendleton, Lake O’Neill Dredging Project The p roject is designed to provide an increased water supply to Marine Corps Base Camp Pendleton by dredging the existing Lake O’Neill water reservoir and creating an additional water percolation pond.

As Biologist, conducted focused arroyo toad protocol survey s, mapping and construction monitoring, least Bell’s vireo surveys, and riparian vegetation mapping. Also conducted raptor surveys and respective territory mapping for the project site.

Los Angeles County, Tarplant Mitigation and Site Restoration, Los Angeles, CA This restoration project was performed for Los Angeles World Airports (LAWA) to mitigate for an on-site population of southern tarplant ( Centromadia parryi ssp.australis ), a California Native Plant Society Ranked 1B.1 species in California.

Lead Biologist of a team that implemented the reseeding, restoration monitoring, and reporting portions of a mitigation plan for approximately 300 individual plants within an onsite mitigation area. Native seeds were hand collected from the extant population of southern tarplant and seeded in the mitigation area immediately after rainfall.

LAWA crews provided weekly irrigation by water truck in conjunction with weed abatement and trash clearing. Minor revisions were made to the existing mitigation plan and quarterly and annual reporting were carried out for this successful project. The project was well -received by the California Department of Fish and Wildlife (CDFW) and mitigation goals were achieved.

San Juan Creek Flood Control Channel Improvements, Orang e County Public Works/Ames Construction
Biologist who monitored and surveyed for the presence or migration of the southern steelhead trout (Oncorhyncus mykiss). The creek was monitored at least 300 meters beyond the project limits daily. Pools were inspec ted for fish presence, the creek mouth was inspected for

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25 connectivity with the Pacific Ocean at Doheny State Beach, and incoming flows from San Juan Creek. Prepared monthly reports on biological monitoring and regulatory compliance.

City of Costa Mesa, Restoration and management of Fairview Park wetlands, Costa Mesa, CA Project Manager and Principal Biologist with Endemic team that has been assisting the City of Costa Mesa with environmental consulting for the past 10 years. Started the studies and planning phase in 2009, design and construction during 2010 through 2012 and Management and Maintenance phase since 2016. Our services include construction management, developing a Nesting Bird Management Plan, construction monitoring, reporting, Weekly meetings, Final Reports, and Agency Coordination. Manage wildlife such as a Burrowing Population, vernal pools, least Bell’s vireo, and California gnatcatcher for a 208 -acre reserve, adjacent to the Santa Ana River.

On-call environmental services agreement conducting environmental permitting for CEQA, NEPA, and Endangered Species Act, Environmental Impact Studies, wildlife surveys including California gnatcatcher, least Bell’s vireo, avian nest surveys, vernal pool restoration, habitat restoration and design, public meeting coordination, plant surveys, and plant guides. Manage the 208 -acre Fairview Park that contains 28 sensitive species regulated under CEQA. Designed, implemented, monitored, and reported on 50 acres of mitigation easements at Fairview Park. Designed the habitat plan for the OCTA M2 Grant for the 23 -acre wetlands and riparian area. Additionally, designed, implemented, and monitored 3 acres of southern tarplant mitigation.

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DATE: January 17, 2023

TO: Mayor and Members of the City Council
FROM: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
DEPARTMENT: City Manager
SUBJECT: RATIFICATION OF PROCLAMATION OF LOCAL EMERGENCY

RELATED TO DECEMBER/JANUARY WINTER STORM EVENTS

RECOMMENDATION
It is recommended that the City Council adopt a Resolution ratifying the Proclamation of Local Emergency Winter Storm Events by the City Manager acting as Director of Emergency Services issued on January 10, 2023.

BACKGROUND/ANALYSIS
On January 10, 2023, the City Manager who acts as the Director of Emergency Services, proclaimed the existence of a local emergency pursuant to Government Code section 8630 and Foster City Municipal Code section 2.40.070(A) and executed the "Proclamation of the Existence of a Local Emergency" ("Proclamation"). The storm event that occurred on or about December 30, 2022 and subsequent storms that followed resulted in dangerous conditions and public safety concerns and caused damages all around the Bay Area.

Like many other Bay Area Cities, the City of Foster City received unprecedented rain in 24 hours from the storm commencing on or about December 30, 2022, which resulted in flooding, road closures, fallen trees, lift and pump station failures, and sanitary sewer overflow events. The City also experienced PGE power outages which resulted in electrical damages to our lift stations and staff having to set up emergency bypass for the lift stations.

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A high wind advisory and flood watch warnings also continued to be in effect in the region from the morning of Wednesday, January 4 through the afternoon of Thursday, January 5, 2023. Rainy weather is predicted to continue in the coming weeks.

The storm is expected to continue to bring extremely high winds and excessive rainfall, shallow mudslides, falling debris, hazardous driving conditions for motorists, widespread power outages, downed trees and power lines, extensive street flooding, drainage issues and overflowing of creeks, streams, and lagoons. Public Works, SMC Fire, Police Department, and other essential services staff have worked tirelessly over the past several days. They continue to work diligently to prepare for another storm event(s) as it unfolds.

In addition, the City issued a press release advising the community and media outlets on extreme weather conditions, preparedness tips, helpful resources, and emergency information. San Mateo County Board of Supervisors declared a state of emergency on Tuesday, January 3, and activated the County's Emergency Operations Center (EOC) to coordinate resources and communication with local, regional, and state agencies. On January 4, 2023, Governor Gavin Newsom proclaimed a state of emergency in California due to winter storms.

San Mateo County Department of Emergency Management is also coordinating a response to post the Preliminary Damage Assessment (PDA) to the State. Per the FEMA and CalOES rules, PDAs must be submitted to the State 72 hours after identifying an extraordinary emergency. The Public Works department has prepared and submitted the initial PDA forms to the County that will be included in the countywide composite damage estimate to the State.

The Council's approval of this item will ratify the Proclamation of Local Emergency related to December/January Winter Storm Events by the City Manager issued on January 10, 2023. The Council will need to review the local emergency at least once every sixty days to decide whether to continue the Proclamation or allow it to terminate.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The City has incurred certain costs in responding to the storm, including overtime for the Public Works and Police Department, although the exact amount is not yet known.

Ratification of the Proclamation will facilitate the ability for the City to request resources including financial support and reimbursement from the State Office of Emergency Services (OES) and Federal Emergency Management Agency (FEMA) for costs incurred in preparation and/or response to these winter storms.

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:

Attachment 1 - Resolution
Attachment A to Resolution - Proclamation of a Local Emergency Related to the December/January Winter Storm Events

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RESOLUTION _____

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

THE PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY RELATED TO

DECEMBER AND JANUARY WINTER STORM EVENTS (WINTER STORMS)

CITY OF FOSTER CITY
WHEREAS, Government Code section 8630 and section 2.40.070 (A) of the Foster City Municipal Code empower the Director of Emergency Services to proclaim the existence of a local emergency when the City of Foster City (“City”) is affected or likely to be affected by an emergency, as that term is defined in Section 2.40.020 and the City Council is not in session; and
WHEREAS, the Director of Director of Emergency Services is identified in the Municipal Code as the City Manager; and
WHEREAS, the San Mateo County Board of Supervisors declared a state of emergency on Tuesday, January 3, 2023 and activated the County's Emergency Operations Center (EOC) to coordinate resources and communication with local, regional, and state agencies and Governor Gavin Newsom proclaimed a state of emergency in California due to winter storms on January 4, 2023; and WHEREAS, the City Manager, acting as Director of Emergency Services does find that conditions of extreme peril to the safety of persons or property have arisen within the City caused by the extreme atmospheric river rain events which commenced on or about December 30, 2022 and has caused and continues to threaten to cause earth movement, flooding, felled trees, power outages, infrastructure damage and affecting or threatening to affect other areas of the City; and WHEREAS, the atmospheric river storms and associated flooding has caused and continues to threaten to cause further property damage affecting certain businesses and residents. As a result of the recent atmospheric river storms the soils in the City have become saturated. More atmospheric river storms are in the forecast threatening to overflow creeks, streams and lagoons; and
WHEREAS, high wind advisory and flood watch warnings continue to be in effect in the region and as more such storms threaten to arrive in the City this week, there is a likelihood of further adverse effects residents and businesses; and WHEREAS, these conditions and the needed response are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, in order to ensure the availability of mutual aid and an effective response to potential injuries or property damage resulting from the winter storms that

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began impacting the City on or about December 30, 2022, it is necessary to proclaim a local emergency; and
WHEREAS, the City Council was not in session and could not immediately be called into session when the Proclamation was issued; and WHEREAS, in response to these developments, the City Manager in his capacity as the City’s Director of Emergency Services proclaimed the existence of a local emergency on January 10, 2022, which was executed on his behalf by the Acting City Manager, Marlene Subhashini; and
WHEREAS, as contemplated in the Emergency Service Act contained in Government Code Section 8550 et seq., including Section 8558(c), a local emergency exists because of the existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by the aforesaid conditions which are likely beyond the control of the services, personnel, equipment, and facilities of the City and require the combined forces of other political subdivisions to combat, and the declaration of a local emergency shall enable the City and other local government entities to adequately plan, prepare and secure resources to be able to effectively respond to the impact of the winter storms which began impacting the City on or about December 30, 2022; and
WHEREAS, the city manager is authorized to execute and file any application or agreement with the State of California or federal government for purposes of obtaining state or federal assistance, and to execute any applications or agreements on behalf of or for the purpose of authorizing or assisting the San Mateo Consolidated Fire Department in obtaining state or federal financial assistance related to this local emergency; and
WHEREAS, the City will provide written notification of this Proclamation and other necessary documents to the appropriate departments within San Mateo County and the California Governor’s Office of Emergency Services pursuant to Government Code section 8607.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby resolve, declare, determine, and order as follows:

1.The Proclamation of Existence of a Local Emergency, attached hereto as “Attachment A” is hereby ratified and approved by the City Council; and

2.In accordance with Government Code section 8360, this local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Foster City, and it shall be terminated at the earliest possible date that conditions warrant. The Council shall review this emergency at least once every sixty days.

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PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 17th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY BY THE CITY

MANAGER OF THE CITY OF FOSTER CITY RELATED TO DECEMBER AND

JANUARY WINTER STORM EVENTS

WHEREAS, Government Code section 8630 and section 2.40.070 (A) of the Foster City Municipal Code empower the Director of Emergency Services to proclaim the existence of a local emergency when the City of Foster City (“City”) is affected or likely to be affected by an emergency, as that term is defined in Section 2.40.020 and the City Council is not in session; and

WHEREAS, the Director of Director of Emergency Services is identified in the Municipal Code as the City Manager; and

WHEREAS, the San Mateo County Board of Supervisors declared a state of emergency on Tuesday, January 3, 2023 and activated the County's Emergency Operations Center (EOC) to coordinate resources and communication with local, regional, and state agencies and Governor Gavin Newsom proclaimed a state of emergency in California due to winter storms on January 4, 2023; and

WHEREAS, the City Manager, acting as Director of Emergency Services, does find that conditions of extreme peril to the safety of persons or property have arisen within the City caused by the extreme atmospheric river rain events which commenced on December 31, 2022 and has caused and continues to threaten to cause earth movement, flooding, felled trees, power outages, infrastructure damage and affecting or threatening to affect other areas of the City; and

WHEREAS, the atmospheric river storms and associated flooding has caused and continues to threaten to cause further property damage affecting certain businesses and residents. As a result of the recent atmospheric river storms, the soils in the City have become saturated. More atmospheric river storms are in the forecast threatening to overflow creeks, streams and lagoons; and

WHEREAS, high wind advisory and flood watch warnings continue to be in effect in the region and as more such storms threaten to arrive in the City, there is a likelihood of further adverse effects residents and businesses; and

WHEREAS, these conditions and the needed response are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and

WHEREAS, the City Council is not in session and cannot immediately be called into session; and

WHEREAS, this Proclamation shall be subject to confirmation by the City Council within seven days of execution; and

DocuSign Envelope ID: 7A38798F-95DF-440C-BDB0-5666CD3F4139

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WHEREAS, the City will provide written notification of this Proclamation and other necessary documents to the appropriate departments within San Mateo County and the California Governor’s Office of Emergency Services pursuant to Government Code section 8607.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said City.

IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers functions and duties of the emergency organization of this City shall be those prescribed by state law, by ordinances, and resolutions of this City, and that this emergency proclamation shall expire on January 17, 2023 unless ratified and extended by the City Council of the City of Foster City.

Dated: January 10, 2023 ________________________________ Marlene Subhashini, Acting City Manager
Authorized to sign on behalf of Stefan Chatwin, City
Manager acting as Director of Emergency Services

DocuSign Envelope ID: 7A38798F-95DF-440C-BDB0-5666CD3F4139

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DATE: January 17, 2023

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: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
DEPARTMENT: Parks and Recreation
SUBJECT: AMENDMENT TO AGREEMENT BETWEEN CITY OF FOSTER

CITY AND ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND
FOSTER CITY VILLAGE, INC. EXTENDING TERM FROM
JANUARY 1, 2023 THROUGH DECEMBER 31, 2023, WITH
ADDITIONAL OPTIONAL EXTENSIONS THROUGH JUNE 30,
2026, FOR USE OF OFFICE AND MEETING/CLASSROOM

SPACE, INFORMATION TECHNOLOGY SERVICES AND

EQUIPMENT AT THE COMMUNITY CENTER

RECOMMENDATION
It is recommended that the City Council/Board of Directors adopt the attached resolutions authorizing an amendment to an agreement between the City of Foster City/Estero Municipal Improvement District and the Foster City Village, Inc. extending the term from January 1, 2023 through December 31, 2023 with optional extensions thereafter through June 30, 2026 for the use of City-owned office and meeting/classroom space, information technology services and equipment at the Community Center.

EXECUTIVE SUMMARY
The Foster City Village (“The Village”) is a non-profit, membership-based organization whose mission is to enable older adults to continue living in their homes and

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communities as they age. The Village has utilized office space at the Community Center for about eight years under an annual agreement.

The original agreement between the City of Foster City and the Village dated December 13, 2021 (“Agreement”) is one where the Village would take an active “partnership” role in deploying older adult programs and services using City facilities in a way that is both cost efficient and effective to serve Foster City residents. The City’s Recreation Coordinator and the Village counterpart would conduct monthly meetings, sharing program information, and collaborate on opportunities for both Village members and non-members. Because the initial one-year term of the Agreement expired on December 31, 2022, the parties wish to amend the Agreement to extend the term for an additional one-year period through December 31, 2023.

BACKGROUND
The Village is a non-profit, membership-based agency whose mission is to “enable older adults to continue living in their homes and communities as they age by providing mobility, practical assistance, access to services, social connections and educational opportunities.” The Village was chartered as a non-profit on February 13, 2013, and began to provide services that year to its membership base consisting of residents living in the 94404 zip code. As of January 2021, the Village had 115 members, which represents approximately 1% of the estimated 11,030 adults over the age of 55 living in Foster City in 2019 according to the US Census Bureau. The Village leverages its operating revenues, the vast majority of which come from grants, including $7,000 from the City of Foster City in Fiscal Year 2022-2023, to deploy volunteers who provide in- kind services with a value around $150,000 in 2020 according to the Village.

The Village has utilized office space at the Community Center for its paid and volunteer staff since its inception. It has operated under an annual lease agreement in which it paid $3,120 annually for the use of office and program space, a City-owned computer, City-owned printer/copier, building maintenance and information technology assistance.

In 2021, the Agreement was introduced which stated that the rent shall be increased by 5% on July 1 of each succeeding year. The current proposed amendment would extend the term of the Agreement for one-year through December 31, 2023, with additional optional extensions available through June 30, 2026.

ANALYSIS
City staff and the Village worked together to develop the Agreement for use of the Community Center office and additional meeting and classroom space. While this Agreement features specific lease terms for the use of the office space in the Community Center, there are also provisions for the use of meeting and classroom space at no cost in exchange for classes being made available to Foster City residents who are not members of the Foster City Village organization and to the general public as a whole. In November 2022, City staff extended the invitation to the Village to amend

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the Agreement to extend its term for another year (a 5% increase in annual rent is listed in the existing terms) and the Village accepted.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The total cost to the Village under the proposed amendment is $3,276 for annual rent and use of information technology equipment and services. The City also benefits from revenue for classes attended by Foster City residents who are not members of the Village depending upon the actual enrollment. In the current calendar year, the revenue generated to the City through The Village partnership was $788. The benefit to the Foster City Village is approximately $8,500 annually in low- and no-fee room usage.

Note that since Fiscal Year 2015-2016, the City Council has granted funding to the Village annually in amounts ranging from $1,000 to $15,000 through the Annual Non- Profit Grant Funding process. Nothing in the proposed amendment precludes the Village from submitting future requests for funding through this process.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:
•Attachment 1 – City Resolution
•Attachment 2 – EMID Resolution
•Attachment 3 – Amendment to Agreement

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RESOLUTION NO.________

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

AUTHORIZING AN AMENDMENT TO THE AGREEMENT BETWEEN CITY OF FOSTER CITY AND FOSTER CITY VILLAGE, INC. EXTENDING THE TERM FROM JANUARY 1, 2023 THROUGH DECEMBER 31, 2023, WITH ADDITIONAL OPTIONAL EXTENSIONS THROUGH JUNE 30, 2026,FOR THE USE OF CITY-OWNED OFFICE

AND MEETING/CLASSROOM SPACE, IT SERVICES AND EQUIPMENT AT THE

COMMUNITY CENTER

CITY OF FOSTER CITY
WHEREAS, the Foster City Village (“The Village”) is a non-profit, membership- based organization whose mission is to enable older adults to continue living in their homes and communities as they age; and
WHEREAS, the Village has utilized office space at the Community Center for about seven years under an annual agreement dated December 13, 2021, between the City and the Village (“Agreement”); and
WHEREAS, the parties would like to alter the relationship between the City of Foster City and the Village from that of “landlord/lessee” to “partner” in the provision of older adult programs; and
WHEREAS, the Village can deploy older adult programs and services in a way that is both cost efficient and effective to serve Foster City residents; and WHEREAS, the City and the Village mutually desire to extend the term of the Agreement for an additional one-year period through December 31, 2023, which extension is authorized by Section 1.2 of the Agreement; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to sign an amendment extending the Agreement for an additional one-year term from January 1, 2023 through December 31, 2023, with optional extensions of up to three one-year increments through June 30, 2026 for the use of City-owned office and meeting/classroom space, IT services and equipment at the Community Center.

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PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 17th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

JON FROOMIN, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

6.7 Attachment 1 - City Resolution

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RESOLUTION NO.________

A RESOLUTION OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT

AUTHORIZING AN AMENDMENT TO THE AGREEMENT BETWEEN ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND FOSTER CITY VILLAGE, INC.

EXTENDING THE TERM FROM JANUARY 1, 2023 THROUGH DECEMBER 31, 2023, WITH ADDITIONAL OPTIONAL EXTENSIONS THROUGH JUNE 30, 2026,FOR THE

USE OF CITY-OWNED OFFICE AND MEETING/CLASSROOM SPACE, IT SERVICES

AND EQUIPMENT AT THE COMMUNITY CENTER

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Foster City Village (“The Village”) is a non-profit, membership- based organization whose mission is to enable older adults to continue living in their homes and communities as they age; and
WHEREAS, the Village has utilized office space at the Community Center for about seven years under an annual agreement dated December 13, 2021, between the Estero Municipal Improvement District and the Village (“Agreement”); and WHEREAS, the parties would like to alter the relationship between the City of Foster City and the Village from that of “landlord/lessee” to “partner” in the provision of older adult programs; and
WHEREAS, the Village can deploy older adult programs and services in a way that is both cost efficient and effective to serve Foster City residents; and WHEREAS, Estero Municipal Improvement District and the Village mutually desire to extend the term of the Agreement for an additional one-year period through December 31, 2023, which extension is authorized by Section 1.2 of the Agreement; and NOW, THEREFORE, BE IT RESOLVED that the Estero Municipal Improvement District does hereby authorize the Mayor to sign an amendment extending the Agreement for an additional one-year term from January 1, 2023 through December 31, 2023, with optional extensions of up to three one-year increments through June 30, 2026 for the use of City-owned office and meeting/classroom space, IT services and equipment at the Community Center.

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PASSED AND ADOPTED as a resolution of the Estero Municipal Improvement District at the regular meeting held on the 17 th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________

JON FROOMIN, MAYOR
ATTEST:
___________________________________

PRISCILLA SCHAUS, CITY CLERK

6.7 Attachment 2 - EMID Resolution

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1 AMENDMENT EXTENDING THE TERM OF AGREEMENT BETWEEN

CITY OF FOSTER CITY AND THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT AND FOSTER CITY VILLAGE, INC.

FOR THE USE OF OFFICE AND MEETING SPACE
THIS AMENDMENT is made and entered into as of January 17, 2023 (hereinafter, “Effective Date”), by and between the CITY OF FOSTER CITY, a municipal corporation, and THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT (EMID), a political subdivision of the State of California, (hereinafter collectively referred to as “CITY”) and the FOSTER CITY VILLAGE, INC. a community non-profit organization (hereinafter, “FCV”) (collectively CITY and FCV hereafter “Parties”).

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

A. That CITY is the owner of land and improvements at 1000 East Hillsdale Boulevard commonly known as the Foster City Community Center; B. That FCV is a community non-profit organization that provides services in support of successful aging;
C. That, prior to and until this Agreement, FCV was utilizing office space at the Foster City Community Center pursuant to a rental agreement; D. That FCV and CITY have a common interest in ensuring that services are available and provided to Foster City’s aging population; E. That FCV and CITY previously entered into an agreement on December 13, 2021 for the above purposes (“Agreement”) which is set to expire on December 31, 2022; Section 1.2 of the original Agreement allows for additional extensions to the term through June 30, 2026; and the parties now mutually desire to extend the term of the Agreement for an additional period of one year from January 1, 2023 to December 31, 2023.

F. That FCV and CITY agree upon the terms and conditions as set forth in the sections below.

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2 SECTION ONE: AGREEMENT TERM
Section 1.1 of the Agreement is hereby amended as follows:

1.1 Initial Term:

Subject to Section 13 and to the termination provisions contained herein, the initial term of the Agreement shall commence January 1, 2022, and expire on December 31, 2022, and is extended for an additional one-year period which shall commence January 1, 2023, and expire on December 31, 2023 (“Agreement Term”).

Except as provided above, all other terms of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT By: ________________________________
Jon Froomin, Mayor/Board President
ATTEST: Dated: __________________________
________________________________
Priscilla Schaus, City Clerk/District Secretary
APPROVED AS TO FORM: Dated: ___________________________ _________________________________
Benjamin Stock, City Attorney/District Legal
Counsel

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3 FOSTER CITY VILLAGE, INC.

Dated: ___________________________
_________________________________
Marlene Hopper, Vice President

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4 Exhibit A

DIAGRAM INDICATING PREMISES

6.7 Attachment 3 - Amendment to Agreement

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1 AGREEMENT BETWEEN
CITY OF FOSTER CITY AND FOSTER CITY VILLAGE, INC.

FOR THE USE OF OFFICE AND MEETING SPACE

THIS AGREEMENT is made and entered into as of December 13, 2021 (hereinafter, “Effective Date”), by and between the CITY OF FOSTER CITY, a municipal corporation, and THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT (EMID), a political subdivision of the State of California, (hereinafter collectively referred to as “CITY”) and the FOSTER CITY VILLAGE , INC. a community non -profit organization (hereinafter, “FCV”) (collectively CITY and FCV hereafter “Parties”).

RECITALS

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

SECTION ONE: AGREEMENT TERM

1.1 Initial Term:

Subject to Section 13 and to the termination provisions contained herein, the initial term of the Agreement shall commence January 1, 2022, and expire on December 31, 2022 (“Agreement Term”).

DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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2 1.2 Term Extensions:

The contract term may be renewed at CITY’s sole option for up to four (4) one - year (12 months) increment s through June 30, 2026 (“Agreement Term Extension”) .

Within four (4) months of the expiration of the current term of the agreement, but not less than two (2) months before the expiration, CITY may exercise its option to extend the term, should an option remain, by notifying FCV in writing.

SECTION TWO: ACCESS OF PREMISES

2.1 Access of Premises:

For and in consideration of the payments as set forth in Section 3.1 and the performance by FCV of each and every term, covenant and condition herein, CITY hereby provides premises access to FCV of that certain portion of real property designated as “FCV Office” located within the Foster City Community Center (hereinafter, “Community Center”) at 1000 East Hillsdale Boulevard, Foster City, County of San Mateo, State of California, and generally shown on Exhibit “A” and incorporated herein by this reference (hereinafter, the “Premise s”). FCV shall also have non -exclusive access to shared restroom facilities and copy room within the Foster City Community Center.

2.2 Information Technology Services:

For and in consideration of the payments as set forth in section 3.1 and the performance by FCV of each and every term, covenant and condition herein, CITY shall make its Information Technology representative (s) reasonably available during normal business hours to assist FCV with connecting to the CITY-provided internet connection at the Premises, subject to the representative (s)’ scheduling availability and up to a maximum of four hours per year pursuant to Section 3.2.

2.3 Continuing Use:

If FCV continues use of the Premises after the expiration of the Agreement Term or during the Agreement Term Extension, then such use shall be subject to all conditions, provisions and obligations of this Agreement. Notwithstanding the foregoing, continued DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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3 use shall not be deemed a consent by CITY to occupancy or possession of the Premises after the expiration of the Agreement Term and Agreement Term Extension, and CITY may retake sole control of the Premises at any time without notice to FCV.

SECTION THREE: FCV PAYMENTS

3.1 Payments - Initial Agreement Term:

FCV shall pay $3,120.00 in rent annually (“Rent”) for the use of the Premises during the Agreement Term or the Agreement Term Extension, if the Agreement Term is extended, with the first payment due no later than ten (10) days after the execution of this agreement and quarterly thereafter no later than the first Wednesday of October, January and April in the amount of $780.00.

3.2 Payments – Use of Information Technology Equipment:

For and in consideration of the payments as set forth in section 3.1 and the performance by FCV of each and every term, covenant and condition herein, FCV shall also be entitled to use of the following equipment which is owned and maintained by CITY and IT Services:
 Desktop PC (1)
 Office 2010/Windows 7 License (2)
 Printing (reasonable office use of black and white and color functions; does not include large scale jobs like mailers)
 Copying (reasonable office use of black and white and color func tions; does not include large scale jobs like mailers)
 Internet Access (3)
 Network Infrastructure Upgrades (4)
 IT Services (up to 4 hours per year)

3.3 Payments - Succeeding Years:

If the option to extend the Agreement Term is exercised by the CITY , the Rent shall be increased by 5% on July 1 of each succeeding year. Quarterly payments are due DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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4 on the first Wednesday of July, October, January and April during the Agreement Term Extension in the amount of one quarter of the annual Rent.

3.4 Payments - Extended Tenancy:

Should the tenancy be extended beyond the Agreement Term on a month -to- month basis, the Rent shall be paid monthly rather than quarterly and each such payment shall be in an annual equal to one -twelfth (1/12) of the applicable annual Ren t. Should the tenancy be extended on a month-to-month basis, the annual Rent shall increase five percent (5%) at the beginning of such month -to-month extension and again during each subsequent year the tenancy continues.

3.5 Place of Payment:

FCV shall pay all Rent due under this Agreement, in lawful money of the United States, by check payable to “City of Foster City” at:

City of Foster City
Attention: Financial Services Department
610 Foster City Boulevard
Foster City, CA 94404

Payment for use of additional spaces shall be made based on terms in Section

7. FCV assumes all risk of loss or late payment if payments are made by mail.

3.6 Partial Payments:

All payments due under this Agreement shall be paid without offset or deduction, except as otherwise stated in this Agreement. Neither the payment by FCV nor the acceptance by CITY of an amount which is less than the amount due and payable pursuant to this Agreement, nor the issuance of a monthly statement showing as due and payable an amount less than is properly due and payable pursuant to the terms of this Agreement, shall constitute an agreement by FCV modifying this Agreement or a waiver of CITY’s right to receive all sums provided for in this Agreement. No endorsement or DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

6.7 Original Executed Agreement Village 2021-2022 (002)

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5 statement on any check or any letter accompanying any check or payment shall be deemed an accord or satisfaction, and CITY shall accept all payments from FCV without prejudice to CITY’s right to recover the balance of the amount due or to pursue any other remedy in this Agreement or otherwise provided by law.

3.7 Proration of Last Month’s Rent:

In the event that the obligation to pay terminates on some date other than the last day of the calendar month, the last month’s Rent shall be prorated based upon a thirty (30) day month to reflect the actual period of use during that calendar month.

3.8 Charge for Late Payment:
a. Late Payment Constitutes Breach . FCV hereby acknowledges that the late payment of any sums due hereunder constitutes a material breach of this Agreement which will cause CITY to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain.

Such costs include, but are not limited to, adm inistrative processing of delinquent notices, lost interest and income, and increased accounting costs. b. Late Charges: If any payment due to CITY is not received by CITY within ten (10) days after the due date, a late charge of one and one-half percent (1.5%) of the delinquent amount, plus the sum of Twenty -Five Dollars ($25.00), shall become immediately due and payable to CITY. An additional charge of one and one -half percent (1.5%) of such delinquent payment (excluding late charges) shall be added for each additional calendar month (or portion thereof) that the delinquent sums remain unpaid.
c. Reasonable Estimate of CITY’s Costs: FCV and CITY hereby acknowledge and agree that such late charges do not represent and shall not be deemed to be an interest payment, but that such late charges represent a fair and reasonable estimate of the costs and expenses that CITY will incur by reason of FCV’s late payment.
d. No Waiver by Accepting Late Charges: Acceptance by CITY of any delinquent payments or late charges shall in no way constitute a waiver of FCV’s default DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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6 with respect to such overdue and delinquent payment, or in any way impa ir, prevent or preclude CITY from exercising any of its rights or remedies set forth in this Agreement or otherwise provided at law.

SECTION FOUR: USE OF PREMISES

4.1 Access:

CITY shall provide to FCV key access for the Community Center exterior door and to the FCV Office, copy room, and shared restroom within the Community Center. FCV is not granted under this Agreement a right to access or use any other areas of the Community Center or Recreation Center , unless agreed to in advance by CITY. Keys may not be shared, transferred, or duplicated. If any key is lost, FCV shall pay the cost to rekey all locks associated with the lost key(s) and to replace all existing keys for the rekeyed locks. FCV shall maintain a key log that identifies all persons issued a key and which will be made available to the CITY upon request.

4.2 Conditions of Use:

For and during the Agreement Term, and any Agreement Term Extension, FCV’s use of the Premises, as set forth in Section 2 above, shall be subject to the following conditions, covenants, and restrictions:
a. Except as provided in this Agreement, the Premises shall be used for the purposes specified in Section 2 above and for no other uses or purposes whatsoever, without the prior written consent of CITY.
b. FCV shall, at all times during the Agreement Term and any Agreement Term Extension, maintain proper and adequate monitoring and supervision of the Premises in order to ensure orderly use of the Premises. c. FCV shall, to the satisfaction of CITY, keep and maintain the Premises and all improvements of any kind therein in a state of good repair. d. FCV shall not maintain, commit, nor permit the maintenance or commission of any waste or any nuisance (as defined in Ca lifornia Civil Code Section 3479) on the Premises or Community Center , and FCV shall not use or permit the DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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7 use of the Premises for any unlawful purpose. FCV further shall not commit any other act or thing on the Premises which may unreasonably disturb the quiet enjoyment of any adjacent property owner or tenant.
e. CITY or its authorized representative may enter upon the Premises in accordance with Section 6.3 and inspect the general condition of the Premises to determine if FCV is complying with the terms, conditions, requirements, and provisions of this Agreement.
f. FCV shall not discriminate against any employee, person, or class of persons by reason of sex, race, color, creed, religion or national ancestry.

4.3 Utilities and Services:

CITY shall provide electricity , gas, and water utilities for FCV’s use at the Premises . CITY shall incur no penalty for reasonable outages of these services. FCV shall not unreasonably over-use or misuse electricity, gas, and water provided by CITY, and FCV shall pay the cost incurred by CITY for any unreasonable use by FCV. FCV shall be solely responsible for obtaining all other utility service and for the payment of all charges for those utilities.

4.4 Parking:

FCV shall have non-exclusive access to the public parking lot, whose parking stalls shall be available on a first-come-first-served basis. CITY reserves the right to close the parking lot from time -to-time for special events, repairs, emergency work, and other events. FCV and FCV’s employees, agents, and invitees shall adhere to all posted parking regulations.

4.5 Signage:

With the prior written consent of CITY’s City Manager or their designee, FCV may display preapproved signage at the Premises and in areas surrounding the Premises or Community Center and/or Recreation Center. Signage must comply with applicable Foster City Ordinances. Any damage caused by signage displayed or removed by FCV shall be repaired by FCV or by CITY at FCV’s cost.

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8 4.6 Mail:

FCV’s mail should be addressed to FCV to be received by FCV’s staff at 1000 East Hillsdale Boulevard, Foster City, California 94404. CITY shall provide a pick -up-box for FCV to retrieve mail at the Community Center front desk and CITY staff members shall place all mail addressed to FCV in said box.

SECTION FIVE: IMPROVEMENTS

5.1 Prior Consent for Improvements and FCV Staff:

FCV shall not make any alteration of or improvement to the Premises without the prior written approval of CITY’s City Manager or their designee . In the event that CITY grants written approval to any requested alteration of or improvement to the Pre mises, FCV shall construct such alteration or improvement at FCV’s sole cost and expense. In the event that FCV wishes to engage CITY’s Building Maintenance staff to undertake improvements under this section, scheduling of this work shall be at the discretion of the Public Works Department Director, based upon staff workload and priorities, and the cost of said work shall be charged to FCV on a time and materials basis as outlined in Section

8.2 below.

5.2 Ownership of Improvements:

All permanent improvements and fixtures constructed, installed, or affixed within the Premises by FCV shall, upon the completion of construction, installation, or placement within the Premises, be free and clear of all liens, claims, and liability for payment for labor and material (excepting any payments for purchases, rentals or leasing of equipment or fixtures that compromise the Facilities). Subject to Section 5.3, such improvements and fixtures, shall become and remain the property of CITY at the expir ation of this Agreement.

5.3 Rights in Improvements:

Notwithstanding anything to the contrary in this Agreement, all improvements DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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9 constructed or located on the Premises, and any and all subsequent additions thereto and alterations and replacements thereof, shall be the sole and absolute property of the FCV during the Agreement Term and any Agreement Term Extension. Without limiting the generality of the foregoing, FCV shall be entitled to all federal and state income tax benefits associated with the improvements during the Agreement Term and Agreement Term Extension. Upon the expiration or early termination of this Agreement, or Agreement Term Extension, all such improvements, with the exception of FCV’s trade fixtures, equipment, inventory, personal property, and furniture, all of which FCV shall remove from the Premises within sixty (60) days after the Expiration Date or other date o f termination of the Agreement, shall become the property of CITY.

SECTION SIX: MAINTENANCE AND REPAIR OF PREMISES

6.1 FCV’s Obligation to Maintain Premises:

FCV shall at all times during the Agreement Term, and any Agreement Term Extension thereof, at its sole cost and expense, keep and maintain in good condition and in substantial repair the Premises and all appurtenances and every part thereof, including improvements of any kind erected, installed or made on or within the Premises. FCV shall at all times in the maintenance and use of the Premises and Facilities, comply with all laws, ordinances and regulations pertaining thereto, and all conditions and restrictions set forth herein.

6.2 FCV’s Default of its Maintenance Duties:

In the event that FCV fails, neglects, or refuses to maintain or make reasonable repairs or replacements as required by this Agreement, CITY shall notify FCV in writing of such failure or refusal. Should FCV fail or refuse to act to correct such de fault within twenty (20) days of receipt of such written request from CITY, CITY may (but shall not be required to), itself or by contract, undertake the necessary maintenance, repair or replacements; and the cost thereof, including but not limited to the cost of labor, materials and equipment, shall be paid by FCV to CITY within ten (10) days of FCV’s receipt of a DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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10 statement of such costs from CITY. Any such maintenance, repair or replacement by or on behalf of FCV shall not be deemed to be a waiver of FCV’s default under this Agreement, and shall not in any way impair, prevent or preclude CITY from exercising any of its rights or remedies set forth in this Agreement or otherwise provided by law.

6.3 Right of Entry:

CITY may enter the Premises to inspect the Premises at any time , unless such access would cause unreasonable interference with FCV’s use of the Premises. CITY shall also have the right to enter the Premises at any time in the event of an emergency.

SECTION SEVEN: USE OF ADDITIONAL FACILITIES SPACE

7.1 Additional Facilities Spaces:

FCV shall have the following access to CITY-owned facility space without rental fee under this Agreement:
a. Community Center Wind Room: up to sixteen (16) hours per calendar year in 2 hour increments.
b. Recreation Center Bow Room: up to thirty-six (36) hours per calendar year for Operations and Board Meetings.
c. Other Recreation Center and Community Center rooms: up to four (4) hours per month for senior activities.
d. Either The Vibe OR the Senior Wing Lobby OR Boothbay Park: up to thirty-six (36) hours per calendar year for an activity (such as a pool tournament).

7.2 Classroom Space Use:

CITY-owned space shall be made available to the FCV for Village -organized classes under the following terms:
a. Within ten (10) days after the execution of this Agreement and annually thereafter, FCV shall submit to CITY Recreation Staff a list of classes in which it proposes to make space available . Upon Recreation Staff review and approval of the list, classroom space at a CITY-owned facility or CITY-owned DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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11 property shall be provided to FCV at no cost on the condition that 25% of available class spaces are reserved for Foster City residents who are not FCV members. These spaces may be released for enrollment of FCV members fourteen (14) calendar days prior to the date that the class is scheduled to be held, or the first date of a class series where drop-in is not an option. b. In the event that FCV releases spaces for enrollment of FCV members earlier than fourteen (14) calendar days prior to the class date, and for all classes that are exclusively open to FCV members, space shall be provided at the non-profit rental rate applicable at the time the class is held.
c. Before or after classes are held, CITY staff may audit class rosters for classes that are held in a CITY facility or on CITY property to ensure that fees are being appropriately charged.
d. FCV or its contractors shall provide all materials, tools, or equipment necessary to teach classes and shall be responsible for setting up and cleaning up classrooms or space.
e. FCV is eligible and encouraged to submit program information about classes open to Foster City residents for inclusion in the Activity Guide to encourage participation by the general public. All submittals must be made on or before the due date established by CITY.
f. FCV or its contractors shall request class enrollment, make the determination to hold or cancel class and notify CITY (Recreation Division) so participants can be notified. FCV or its contractor is responsible for notifying students in the event of an altered schedule.

7.3 Conditions of Use of Additional Facilities Space:
a. Usage of CITY-owned space must be taken on a “space available” basis during regular hours or operation and must be reserved based upon the standard CITY reservation process. Even for rooms where no rental fee is charged, CITY may charge generally applicable fees other than the stan dard rental rate to cover costs associated with the use.
b. CITY shall invoice FCV quarterly for any such costs associated with such use DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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12 based on use rate. FCV shall pay invoice within 30 days.

7.4 Use of Facilities in Excess of Agreement Terms:

In the event that FCV wishes to access different spaces, or the identified spaces for more time than identified in this Agreement, they shall be entitled to reserve space utilizing the CITY’s normal process and rate for Foster City-based non-profit agencies.

7.5 Authorized Representatives:

At least annually, FCV shall provide to CITY a list of individuals annually who are authorized to reserve facility space pursuant to Section 7. FCV may amend this list at any time upon written notice to CITY.

SECTION EIGHT: ANCILLARY SERVICES

8.1 Janitorial Service/Cleaning:

At additional costs commensurate with CITY’s cost of providing the service, FCV may request that CITY provide janitorial services at the Premises. FCV may self-perform cleaning and janitorial work but may not contract with an outside entity to provide such services, other than through the CITY’s designated janitorial service provider. CITY shall clean the FCV office space windows , ventilation vents , and carpet as part of the Community Center’s regular maintenance schedule.

8.2 Additional CITY Services:

FCV may request that CITY’s Building Maintenance or Information Technology staff provide services outside the scope of this Agreement. All requests for services not explicitly provided under this Agreement shall be directed in writing to the Public Works Director or his/her designee for Building Maintenance requests or City Manager or his/her designee for IT requests. At CITY’s discretion, CITY may provide the requested services, upon FCV’s written agreement to reimburse CITY the hourly rate associated with the staff personnel who complete the work or provide the service and the actual cost, without mark- up, of any materials and equipment that are acquired to complete the work or provide the DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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13 service. CITY shall invoice FCV for such costs, and FCV shall pay such invoice within thirty (30) days.

SECTION NINE: DAMAGE OR DESTRUCTION OF PREMISES

9.1 Right of Termination:

If the Premises or any part thereof or any appurtenance thereto is rendered unusable by fire, casualty, structural defect, or other damage beyond FCV’s control, then FCV shall have the right within ninety (90) days following the damage to elect by notice to CITY to terminate this Agreement as of the date of such damage.

9.2 Negligence:

If the Premises or any other part of the Community Center is damaged by fire or other casualty resulting from any act or negligence of FCV or any of FCV's agents, employees, or invitees, FCV shall be responsible for the costs of repair not covered by CITY’s insurance.

SECTION TEN: INDEMNITY

10.1 Indemnity:

To the fullest extent allowed by law, FCV shall indemnify and hold CITY, its Council, officers, directors, employees and representatives harmless from and against any and all actions, claims, demands, judgments, attorneys’ fees, costs, damages to persons or property, penalties, obligations, expenses or liabilities of any kind that may be asserted or claimed by any person or entity (including, but not limited to, any employee, agent or contractor of FCV) in any way arising out of or in connection with this Agreement, the operations carried on by FCV on the Premises, or the occupation of use of the Premises by FCV or any person or entity holding under FCV, whether or not there is concurrent passive or active negligence on the part of CITY, its Council, officers, directors, employees, representatives a nd agents except for negligence or willful misconduct of CITY, its Council, officers, directors, employees, representatives and DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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14 agents in connection therewith.

10.2 Duty to Defend:

FCV shall defend any action or actions filed in connection with any such claims, damages, penalties, obligations, or liabilities, and shall pay all expenses and costs, including reasonable attorneys’ fees, incurred in connection therewith, except for the negligent or willful misconduct of CITY, its Council, officers, directors, employees, representatives and agents in connection therewith.

10.3 Payment of Judgements:

FCV shall promptly pay any judgment rendered against FCV or CITY covering any of such claims, damages, penalties, obligations or activities hereunder, and hold and save CITY harmless therefrom except for the negligent or willful misconduct of CITY, its Council, officers, directors, employees, representatives and agents.

10.4 Payment of Expenses:

In the event CITY is made a party of any action or proceeding filed or prosecuted for damages or other claims arising out of or in connection with the occupation or use of the Premises by FCV or any person holding under FCV, or the activities of FCV under this Agreement, FCV shall pay to CITY any and all costs and expenses incurred by CITY in any such action or proceeding, together with reasonable attorneys’ fees.

10.5 Insurance Obligations:

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.

10.6 Hold Harmless:

CITY shall not be liable at any time for any loss, damage or injury whatsoever to the person or property of any person or entity whatsoever, including, but not limited to, any employee, agent or contractor of FCV, resulting from or arising out of any omission DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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15 of FCV or of any person or entity holding under FCV, or the occupancy or use of the Premises or any part thereof by or under FCV, or directly or indirectly from any state or condition of the Premises, or any part thereof.

SECTION ELEVEN: INSURANCE

11.1 Insurance Required:

CITY shall maintain fire and extended coverage insurance on the Community Center, Recreation Center, Senior Wing, and VIBE in such amounts as CITY shall deem appropriate. FCV shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located or stored at the Premises.

11.2 Coverage Limits:

FCV shall, at its own expense, obtain and maintain commercial general liability coverage against loss or liability associated with operations and use of the Premises.

Said coverage shall have minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury, and property damage. Such policy(s) shall list CITY as an additional insured or be endorsed to include CITY as an additional insured, as outlined in Section 11.3. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as an additional insured. Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

11.3 Insurance Form:

FCV’s insurance shall be in a form reasonably satisfactory to CITY and shall contain the following endorsements:
a. “Foster City and The Estero Municipal Improvement District, its Council, DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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16 officers, directors, employees and representatives, are hereby declared to be additional insureds on all of the above-described liability insurance policies, as respects the operations and activi ties of the named insured at or from the Premises of Foster City and The Estero Municipal Improvement District described above.”
b. “This insurance policy shall not be canceled, limited or non-renewed until thirty (30) days after receipt by Foster City and The Estero Municipal Improvement District of a written notice of such cancellation, limitation or reduction of coverage.”
c. “This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon o r looked to cover a loss under said policy; Foster City and The Estero Municipal Improvement District shall not be liable for the payment of premiums or assessments on this policy.”

11.4 Right to Review:

CITY shall have the right at any time to review th e coverage, form, and limits of insurance required under this Agreement. If, in the reasonable discretion of CITY, the insurance provisions in this Agreement do not provide adequate protection for CITY, CITY shall have the right to require FCV to obtain insurance sufficient in coverage, form , and limits to provide adequate protection, and FCV shall promptly comply with any such requirement, to the extent such is attainable on a commercially reasonable basis.

11.5 Requirement to Furnish Insurance Documents:

Notwithstanding any other provision of this Agreement, the failure to furnish to CITY the above-referenced original policies of insurance or Certificates of Insurance in such form and at such time as FCV is required to provide the same under this Agreement shall constitute a material event of default under this Agreement.

11.6 Compliance with State Labor Code:

FCV certifies that it is aware of the provisions of the Labor Code of the State of DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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17 California that require every employer to be insured against liability for workers' compensation and certifies that it will comply with such provisions.

SECTION TWELVE: LEGAL RELATIONS AND RESPONSIBILITIES

12.1 Nature of Relationship:

CITY and FCV understand and agree that the relationship between them created by this Agreement is that of a community partnership with a common goal of supporting successful aging within Foster City. However no formal partnership or joint venture is created by this Agreement and n o tenancy or possessory interest in favor of FCV is created by this Agreement. FCV shall have no right or ability to direct or control any CITY employees in the manner in which they perform their duties and FCV shall not represent itself as an employer of any CITY employees.

12.2 Compliance with Laws:

FCV shall keep itself fully informed of all existing and future state and federal laws and all county and CITY ordinances and regulations which in any manner affect the activities of FCV under this Agreement, or the occupation or use of the Premises by FCV, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. FCV shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees, and shall protect and indemnify, as required herein, CITY, its officers, directors, employees and agents against any claim or l iability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by FCV or any person or entity holding under FCV.

12.3 Assignments and Leases:

FCV shall not, without prior written consent of CITY, either voluntarily or by operation of law, assign, mortgage, hypothecate, or otherwise transfer any interest in this Agreement, or permit the use of the Premises by any person or persons other than the FCV, or lease the Premises or any part thereof. Any attempted or purposed assignment, lease, or other transfer in violation of this Agreement shall be null and void, shall confer DocuSign Envelope ID: A97CAE40-F44A-45C9-ACFB-BE9776C47BE1

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18 no right, title, or interest in or to this Agreement or the Premises or any part thereof, and shall constitute a material breach of this Agreement.
a. Should CITY consent to any mortgage, pledge, hypothecation, or other encumbrance of the interests of FCV in the Agreement (“Encumbrance”), such consent shall not constitute a waiver of any of the terms, covenants, or conditions of this Agreement or be construed as CITY’s consent to any Encumbrance. The terms, covenants or conditions hereof shall apply to each and every party to any such Encumbrance.
b. Any document to mortgage, pledge, hypothecate, encumber, transfer, lease or assign the Premises, or any part thereof, shall not be inconsistent with the provisions of the Agreement, and, in the event of such inconsistency, the provisions of this Agreement shall prevail.

12.4 Possessory Interest Taxation:

A possessory interest subject to property taxation may be created by this Agreement. It is understood and agreed that if such a possessory interest is created, FCV shall be responsible for the payment of all property taxes levied on such interest, and that CITY shall have no responsibility therefor. This section is in compliance with Section 107.6 of the Revenue and Taxation Code, State of California.

12.5 Vacation of the Premises:

At the expiration or termination of this Agreement, for any reason whatsoever, FCV shall promptly vacate the Premises in a good state of repair. If FCV abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property left on the Premises for sixty (60) or more days after such event shall, at CITY's option and without notice, be deemed to have been abandoned and transferred to CITY. CITY shall have the right to remove and dispose of any and all such property without liability therefor to FCV or to any person or entity claiming under FCV, and CITY shall have no duty to account for such property.

12.6 Disputes:

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19 In the event that any action is commenced by a party to this Agreement against the other to enforce its rights or obligations arising from this Agreement or seeking to interpret this Agreement, the prevailing party in such action, in addition to any other relief and recovery ordered by the court, shall be entitled to recover all statutory costs, plus reasonable attorneys’ fees. Should CITY be named in any suit brought by any third party against FCV in connection with or arising out of FCV’s occupancy or use of the Premises under this Agreement, FCV shall pay to CITY, CITY’s costs and expenses incurred in such suit, including reasonable attorneys’ f ees, unless the third party claim is found to have been caused by the negligent act or willful misconduct of CITY.

12.7 Force Majeure:

If the performance by either party of its obligations hereunder is delayed by reason of act of God, weather, strike, wai ver dispute, boycott, inability to obtain labor and materials, governmental restrictions, riot, insurrection, war, catastrophe, casualty, act of a public enemy, instigation of a civil suit by any party who is not a party to this Agreement, which suit preve nts or substantially interferes with the performance of any material obligation of a party to this Agreement, or any other cause beyond the reasonable control of the party from whom such performance is due, the period for the commencement or completion of the performance shall be extended for a period equal to the period during which performance is so delayed.

SECTION THIRTEEN: DEFAULT AND TERMINATION

13.1 Term and Prior Termination:

This Agreement shall continue for the Agreement Term set forth in Section 1 hereof, unless this Agreement is terminated prior to its expiration as described in this Section.

13.2 Default by FCV:

Each and every covenant and condition contained in this Agreement is declared to be a condition to this Agreement, and to the Agreement Term hereby demised to FCV.

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20 FCV shall be considered to have materially breached this Agreement, giving CITY the remedies specified in Section 13.3, in the event that FCV defaults in the performance of or breaches any covenant, condition or provision contained in this Agreement and such default or breach is not cured within twenty (20) days after written notice thereof is served by CITY on FCV; or, if such default or breac h cannot be cured within said twenty (20) days, then FCV shall so indicate to CITY in writing within said twenty (20) days and shall set forth in writing its plan and schedule for effecting such a cure on an immediate basis, and FCV shall commence such cure within said twenty (20) days and shall diligently with best efforts pursue such cure to completion within the plan and schedule submitted to CITY, but in no event in a time frame exceeding one hundred eighty (180) days.

13.3 Remedies on FCV’s Default:

Should FCV breach this Agreement, or abandon the Premises prior to the natural expiration of the Agreement Term, CITY may, in addition to any other remedy given CITY by law or in equity:
a. Continue this Agreement in effect by not terminating FCV’s right to occupy the Premises, in which event CITY shall be entitled to enforce all of CITY’s rights and remedies under this Agreement; or
b. Terminate this Agreement and FCV’s right to occupy the Premises and recover the Premises from FCV. CITY and FCV agree that this Agreement creates no tenancy right or right of possession in favor of FCV, and as such, the CITY may retake control of the Premises or remove FCV from the Premises upon a breach or abandonment without notice or process.

13.4 Waiver of Breach:

The waiver by CITY of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a continuing waiver of such term, covenant or condition, or a waiver of any subsequent breach of the same or any other term, covenant or condition contained in this Agreement, unless such waiver is in writing signed by CITY.

13.5 Cumulative Remedies:

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21 The remedies given to CITY in Section 13.3 shall not be exclusive, but shall be cumulative and in addition to any and all other remedies now or hereafter allowed by law or otherwise authorized elsewhere by this Agreement; and the exercise of one or more of said rights, powers, elections or remedies shall not impair CITY’s right to exercise any other right, power, election or remedy.

13.6 CITY’s Right to Terminate Without Cause:

Notwithstanding any other provision of this Agreement, CITY shall have the right during the Agreement Term or Agreement Term Extension, in its sole and absolute discretion, for any reason, with or without cause, to terminate this Agreement, by giving four (4) months written notice of termination to FCV.

BY PLACING THEIR INITIALS HERE, CITY AND FCV EACH

ACKNOWLEDGE THAT THEY HAVE READ AND

UNDERSTAND THE PROVISIONS OF THIS AGREEMENT

FOR TERMINATION WITHOUT CAUSE AS SET FORTH IN
SECTION 13.6 HEREINABOVE.

FCV: ___________ CITY: __________

13.7 CITY’s Liability on Termination:

FCV hereby waives any claim for damages or loss of property that may be caused by any action of CITY in terminating this Agreement (either with or without cause), or retaking sole control of the Premises, and FCV waives all claims for damages or for loss of any property of FCV as may be in or upon the Premises upon the termination of this Agreement, other than the rights of FCV explicitly described within this Agreement.

BY PLACING THEIR INITIALS HERE, CITY AND FCV EACH

ACKNOWLEDGE THAT THEY HAVE READ AND

UNDERSTAND THE PROVISIONS OF THIS AGREEMENT
FOR FCV’S LIABILITY ON TERMINATION AS SET FORTH
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22 IN SECTION 13.7 HEREINABOVE.

FCV: ___________ CITY: __________

SECTION FOURTEEN: MISCELLANEOUS

14.1 Notices:

All notices required by this Agreement shall be given to the CITY and FCV in writing, by hand delivery or by first class mail, postage prepaid, addressed as follows:

CITY: CITY of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Deputy City Manager

FCV: Foster City Village
1000 East Hillsdale Boulevard
Foster City, CA 94404
Attention: Mary Bates, Executive Director

or such other person or address as either party may direct in writing to the other; provided, however, that such new or different person or address shall not become effective until acknowledged in writing by the party to whom directed. Except where service is by personal delivery service of any instrument or writing shall be deemed completed forty - eight (48) hours after deposit in a United States mail depository.

14.2 Warranty of Authority:

Each officer of CITY and FCV affixing his or her signature to this Agreement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions and provisions therein, that his/her respective party has the full legal right, power, capacity and authority to enter into this Agreement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in connection therewith.

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23 14.3 Headings:

The titles and headings of Sections and Paragraphs of this Agreement, as herein set forth, have been inserted for the sake of convenience only and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions of this Agreement, or to control, limit or modify any of the terms, covenants or conditions hereof.

14.4 Time of Essence:

Time is of the essence of this Agreement. Failure to comply with any requirement, including, but not limited to, any time requirement of this Agreement shall constitute a material breach of this Agreement.

14.5 Integration, Construction and Amendment:

This Agreement represents the entire understanding of CITY and FCV as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters cover ed thereby. This Agreement shall be governed by the laws of the State of California and construed as if drafted by both CITY and FCV. This Agreement may not be modified, altered or amended except in writing signed by both CITY and FCV.

14.6 Successors:

Subject to the provisions of Section 12.3, this Agreement, and all of the terms, conditions and provisions herein, shall inure to the benefit of, and be binding upon, CITY, FCV and their respective successors and assigns.

14.7 Severability:

If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected , impaired, or invalidated thereby.

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24 14.8 Mediation and Litigation:

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. The requirement for mediation shall not apply to unlawful detainer actions. If litigation is filed regarding any dispute arise under thi s Agreement, the action shall be filed in San Mateo County Superior Court and the court may award reasonable attorney’s fees and costs to the prevailing party.

14.9 Non-discrimination:

FCV shall not discriminate against any employee or applicant for empl oyment because of race, color, religion, sex, sexual and gender identification or national origin.

FCV will take affirmative action to insure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex , sexual and gender identification 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. FCV shall at all t imes be in compliance with the requirements of the Federal Americans With Disabilities Act.

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25 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT

By: ________________________________
Richa Awasthi, Mayor/Board President

ATTEST: Dated: __________________________

________________________________
Priscilla Schaus, City Clerk/District Secretary

APPROVED AS TO FORM: Dated: ___________________________

_________________________________
Benjamin Stock , City Attorney/District Legal
Counsel

FOSTER CITY VILLAGE, INC.

Dated: ___________________________

_________________________________
Mary Bates, Executive Director

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1/27/2022 | 8:51 AM PST

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26 Exhibit A

DIAGRAM INDICATING PREMISES

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DATE: January 17, 2023

TO: Mayor and Members of the City Council
President and Member of the EMID Board of Directors
VIA: Stefan Chatwin, City/District Manager

FROM: Louis Sun, Public Works Director/City Engineer
DEPARTMENT: Public Works
SUBJECT: RESOLUTION APPROVING THE ISSUANCE OF A REQUEST

FOR PROPOSAL FOR PROFESSIONAL ENGINEERING DESIGN

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

RECOMMENDATION
It is recommended that the City Council/EMID Board adopt the attached resolutions authorizing the new issuance of a Request for Proposals (RFP) for professional engineering design services associated with Fuel Systems Improvement Project (CIP 301-700).

EXECUTIVE SUMMARY
The City/District’s unleaded and diesel fuel systems are at the end of their useful lives and staff recommends replacing to ensure safety and regulatory compliance.

The attached RFP was developed to solicit proposals from firms to assess the current conditions, design the project elements, prepare the construction contract documents and provide construction support services to complete the project.

The FY 2021-2022 Capital Improvement Plan included $250,000, $2,500,000 was added in the FY 2022-2023 Capital Improvement Plan and the City Council authorized the transfer of $327,945.50 from the Vehicle Maintenance Fund 501 for this project.

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

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

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

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

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

These four existing fuel systems are at the end of their useful lives based on a preliminary assessment of current conditions. In addition to the tanks, the unleaded and diesel fuel dispensers will also be replaced as parts are not readily available and the 30-year old software system is outdated.

The FY 2021-2022 Capital Improvement Plan included $250,000 and $2,500,000 was added in the FY 2022-2023 Capital Improvement Plan for design and construction of this project. Finally, funding in the amount of $327,945.50 was transferred from the Vehicle Maintenance Fund 501 to CIP 301-700 by Council action in August 2022.

ANALYSIS
In August 2022, the City Council authorized the issuance of an RFP to validate conditions, design the project, prepare the construction contract documents and provide construction support services to complete the project. Tait Environmental Services provided the only response to the RFP. In consultation with the City Attorney due to lack of RFPs received, staff has revised the RFP and is requesting City Council/EMID Board authorization to re-issue the RFP. It is staff’s intention to advertise the RFP more broadly to ensure that the City/EMID has the best opportunity to receive multiple competitive proposals. The RFP in Attachment 2 and the distribution list in Attachment 3 have been reviewed and approved by the City Attorney/District Counsel.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The approval of the issuance of the RFP for the Fuel System Design is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs.

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§§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
There is no cost to issue the RFP. It is anticipated that the cost for the agreement will be over the $50,000 authority of the City/District Manager. The agreement will be brought back to the City Council/District Board to award in March 2023. After the design phase, preliminary estimates for the construction phase of the project will be provided when the construction contract Call for Bids is brought to the Council/Board for approval. The FY 2021-2022 Capital Improvement Plan included $250,000 for this project, $2,500,000 was added in the FY 2022-2023 Capital Improvement Plan and funding in the amount of $327,945.50 was transferred from the Vehicle Maintenance Fund 501 for a total project budget of $3,077,945.50.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:
Attachment 1 - City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Request for Proposal
Attachment 4 – Proposed RFP Distribution

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RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF FOSTER CITY APPROVING THE

ISSUANCE OF A REQUEST FOR PROPOSALS FOR PROFESSIONAL ENGINEERING

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

CITY OF FOSTER CITY
WHEREAS, the City’s unleaded and diesel fuel systems are at the end of their useful lives and should be replaced; and
WHEREAS, staff recommends engaging a Professional Design Consultant to assess the condition of the site, prepare the design documents and perform Construction Management services; and
WHEREAS, the anticipated cost of design requires City Council to authorize the issuance of the Request for Proposal; and
WHEREAS, the approval of the issuance of the RFP for the Fuel System Design is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal.

Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment; and
WHEREAS, funding for CIP 301-700 was appropriated in the FY 2021-2022 and FY 2022-2023 Capital Improvement Fund and $327,945.50 was appropriated from the Vehicle Maintenance Fund 501 for the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the issuance of a Request for Proposals for professional engineering services for CIP 301-700 Fuel Systems Improvements (2021-2022).

6.8 Attachment 1 - City Resolution

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PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 17th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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RESOLUTION NO. ___________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT APPROVING THE ISSUANCE OF A REQUEST FOR

PROPOSALS FOR PROFESSIONAL ENGINEERING DESIGN SERVICES
ASSOCIATED WITH FUEL SYSTEMS IMPROVEMENT PROJECT (CIP 301-700)

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the EMID’s unleaded and diesel fuel systems are at the end of their useful lives and should be replaced; and
WHEREAS, staff recommends engaging a Professional Design Consultant to assess the condition of the site, prepare the design documents and perform Construction Management services; and
WHEREAS, the anticipated cost of design requires the Board of Directors to authorize the issuance of the Request for Proposal; and WHEREAS, the approval of the issuance of the RFP for the Fuel System Design is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the issuance of a Request for Proposals for professional engineering services for CIP 301-700 Fuel Systems Improvements (2021-2022).

6.8 Attachment 2 - EMID Resolution

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PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 17 th day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.8 Attachment 2 - EMID Resolution

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Request for Proposal

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Foster City City CouncilJanuary 17, 2023

Foster City City Council
January 17, 2023