Agenda packet — Foster City City Council, February 6, 2023 (part 1 of 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.

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://fostercity‐org.zoom.us/j/86232342492PUBLIC 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://fostercity‐ org.zoom.us/j/8623234249
To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 862 3234 2492
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
Monday, February 06, 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 Recognizing February 2023 as Black History Month

4.2. A Proclamation Recognizing January 2023 as Human Trafficking Prevention Month

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

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

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.

This section includes minutes, ordinances for adoption, resolutions for adoption, and other business as needed. If discussion is required, that item will be removed from the Consent Calendar and will be considered separately after approval of the remaining items on the Consent Calendar. Vote may be by roll call.

6.1. City/EMID Special Meeting Minutes of December 12, 2022

6.2. City/EMID Special Meeting Minutes of December 19, 2022

6.3. City/EMID Special Meeting Minutes of January 9, 2023

6.4. City/EMID Regular Meeting Minutes of January 17, 2023

6.5. An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 72 acre 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; 094904290; 300; 310; 320; 330; 340; 094905040; 050; 060; 070; 080; 090; 123 400010; 020; 030; 040; 050; 060; 070; 080; 090; 100; 110; 120; 130; 140; 150; 160; 170; 180; 190; and 200–RZ20220001 (First Reading and adoption of Addendum No. 5 to 2013 FSEIR on January 17, 2023)
a) Adopt Ordinance

6.6. A Resolution of the City Council of the City of Foster City Approving Sole Source Agreements With HF&H Consultants for a Franchise Fee Study in an Amount Not to Exceed $50,000 and a Cost of Service Study in an Amount Not to Exceed $64,800, Approving a Total Contingency Amount of $15,200 and Authorizing the City Manager to Approve Contract Amendments Up to the Contingency Amount, and Authorizing the Appropriation of $130,000 From General Fund Rate Stabilization Reserve Account No. 0010000295 3021 to Account No. 00109134314251
a) Staff Report
b) Adopt Resolution

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments Regarding a Recommendation Tthat the City Council Approve 1) a Class 1 Categorical Exemption (CEQA Section 15301existing Facilities) Related to the Addition of Research and Development (R&D) Uses at Century Plaza Office Building Pursuant of the California Environmental Quality Act (EA20210005); and 2) an Ordinance to Amend the Previously Approved General Development Plan (GDP) for the 5.135acre Parcel Known as 1065 East Hillsdale Boulevard at the Northwest Corner of Foster City Boulevard and East Hillsdale Boulevard in the C2/PD (General Business/planned Development Combining) District With an Amended GDP to Allow R&D Uses and a Parking Reduction to a Total of 327 Parking Spaces (RZ20210006)
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – Find the Project Categorically Exempt as a Class 1 Categorical Exemption (CEQA Section 15301existing Facilities) Related to the Addition of Research and Development (R&D) Uses at Century Plaza Office Building Pursuant of the California Environmental Quality Act (EA20210005); and introduce an Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 5.135acre Parcel Known as Century Plaza Located at 1065 East Hillsdale Boulevard, 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 – APN 094512080 RZ20210006 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 the Chamber San Mateo County Progress Seminars a) Staff Report
b) By Minute Order, Receive and Accept Report

9. REPORTS

9.1. Parks and Recreation Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Chief Building Official and Building Inspector Positions a) Staff Report
b) Action – Adopt Resolution

10.2. Consideration of the Addition of an Administrative Services Director Job Classification, Amendment of the Human Resources Manager Job Classification, and Amendment of the Pay Plan to Include the Pay Range for Administrative Services Director and Update the Pay Range for Human Resources Manager
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Adding the Job Classification of Administrative Services Director c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Adding the Job Classification of Administrative Services Director
d) Action A Resolution of the City Council of the City of Foster City Amending the Job Classification of Human Resources Manager e) Action A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Job Classification of Human Resources Manager
f) Action A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan Effective February 6, 2023 g) Action A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan Effective February 6, 2023

11. OLD BUSINESS

11.1. 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, Authorization of an Additional Budget Appropriation of $35,960 and Establishment of a Contingency in the Amount of $7,300 With Authorization Given to the City Manager to Execute Contract Amendments
a) Staff Report
b) Action – Adopt Resolution

12. COMMUNICATIONS

12.1. City/District Warrants of Demands were Processed and Issued on January 5, 2023 and January 12, 2023 and ACH were processed on January 5, 2023. a) Information Item Only
b) No Action Required

13. 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.

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
Monday, February 06, 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 Recognizing February 2023 as Black History Month

4.2. A Proclamation Recognizing January 2023 as Human Trafficking Prevention Month

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

6.1. City/EMID Special Meeting Minutes of December 12, 2022

6.2. City/EMID Special Meeting Minutes of December 19, 2022

6.3. City/EMID Special Meeting Minutes of January 9, 2023

6.4. City/EMID Regular Meeting Minutes of January 17, 2023

7. PUBLIC HEARINGS

8. NEW BUSINESS

8.1. Consideration of the Chamber San Mateo County Progress Seminars a) Staff Report
b) By Minute Order, Receive and Accept Report

9. REPORTS

9.1. Parks and Recreation Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Chief Building Official and Building Inspector Positions a) Staff Report
b) Action – Adopt Resolution

11. OLD BUSINESS

12. COMMUNICATIONS

12.1. City/District Warrants of Demands were Processed and Issued on January 5, 2023 and January 12, 2023 and ACH were processed on January 5, 2023. a) Information Item Only
b) No Action Required

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
Monday, February 06, 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 Recognizing February 2023 as Black History Month

4.2. A Proclamation Recognizing January 2023 as Human Trafficking Prevention Month

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

6.1. City/EMID Special Meeting Minutes of December 12, 2022

6.2. City/EMID Special Meeting Minutes of December 19, 2022

6.3. City/EMID Special Meeting Minutes of January 9, 2023

6.4. City/EMID Regular Meeting Minutes of January 17, 2023

7. PUBLIC HEARINGS

8. NEW BUSINESS

8.1. Consideration of the Chamber San Mateo County Progress Seminars a) Staff Report
b) By Minute Order, Receive and Accept Report

9. REPORTS

9.1. Parks and Recreation Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Chief Building Official and Building Inspector Positions a) Staff Report
b) Action – Adopt Resolution

11. OLD BUSINESS

12. COMMUNICATIONS

12.1. City/District Warrants of Demands were Processed and Issued on January 5, 2023 and January 12, 2023 and ACH were processed on January 5, 2023. a) Information Item Only
b) No Action Required

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
Monday, February 06, 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 Recognizing February 2023 as Black History Month

4.2. A Proclamation Recognizing January 2023 as Human Trafficking Prevention Month

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

6.1. City/EMID Special Meeting Minutes of December 12, 2022

6.2. City/EMID Special Meeting Minutes of December 19, 2022

6.3. City/EMID Special Meeting Minutes of January 9, 2023

6.4. City/EMID Regular Meeting Minutes of January 17, 2023

7. PUBLIC HEARINGS

8. NEW BUSINESS

8.1. Consideration of the Chamber San Mateo County Progress Seminars a) Staff Report
b) By Minute Order, Receive and Accept Report

9. REPORTS

9.1. Parks and Recreation Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Chief Building Official and Building Inspector Positions a) Staff Report
b) Action – Adopt Resolution

11. OLD BUSINESS

12. COMMUNICATIONS

12.1. City/District Warrants of Demands were Processed and Issued on January 5, 2023 and January 12, 2023 and ACH were processed on January 5, 2023. a) Information Item Only
b) No Action Required

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
Monday, February 06, 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 Recognizing February 2023 as Black History Month

4.2. A Proclamation Recognizing January 2023 as Human Trafficking Prevention Month

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

6.1. City/EMID Special Meeting Minutes of December 12, 2022

6.2. City/EMID Special Meeting Minutes of December 19, 2022

6.3. City/EMID Special Meeting Minutes of January 9, 2023

6.4. City/EMID Regular Meeting Minutes of January 17, 2023

7. PUBLIC HEARINGS

8. NEW BUSINESS

8.1. Consideration of the Chamber San Mateo County Progress Seminars a) Staff Report
b) By Minute Order, Receive and Accept Report

9. REPORTS

9.1. Parks and Recreation Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Chief Building Official and Building Inspector Positions a) Staff Report
b) Action – Adopt Resolution

11. OLD BUSINESS

12. COMMUNICATIONS

12.1. City/District Warrants of Demands were Processed and Issued on January 5, 2023 and January 12, 2023 and ACH were processed on January 5, 2023. a) Information Item Only
b) No Action Required

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
Monday, February 06, 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 Recognizing February 2023 as Black History Month

4.2. A Proclamation Recognizing January 2023 as Human Trafficking Prevention Month

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

6.1. City/EMID Special Meeting Minutes of December 12, 2022

6.2. City/EMID Special Meeting Minutes of December 19, 2022

6.3. City/EMID Special Meeting Minutes of January 9, 2023

6.4. City/EMID Regular Meeting Minutes of January 17, 2023

7. PUBLIC HEARINGS

8. NEW BUSINESS

8.1. Consideration of the Chamber San Mateo County Progress Seminars a) Staff Report
b) By Minute Order, Receive and Accept Report

9. REPORTS

9.1. Parks and Recreation Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Chief Building Official and Building Inspector Positions a) Staff Report
b) Action – Adopt Resolution

11. OLD BUSINESS

12. COMMUNICATIONS

12.1. City/District Warrants of Demands were Processed and Issued on January 5, 2023 and January 12, 2023 and ACH were processed on January 5, 2023. a) Information Item Only
b) No Action Required

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
Monday, February 06, 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 Recognizing February 2023 as Black History Month

4.2. A Proclamation Recognizing January 2023 as Human Trafficking Prevention Month

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

6.1. City/EMID Special Meeting Minutes of December 12, 2022

6.2. City/EMID Special Meeting Minutes of December 19, 2022

6.3. City/EMID Special Meeting Minutes of January 9, 2023

6.4. City/EMID Regular Meeting Minutes of January 17, 2023

7. PUBLIC HEARINGS

8. NEW BUSINESS

8.1. Consideration of the Chamber San Mateo County Progress Seminars a) Staff Report
b) By Minute Order, Receive and Accept Report

9. REPORTS

9.1. Parks and Recreation Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept Report

10. RESOLUTIONS FOR ADOPTION

10.1. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Chief Building Official and Building Inspector Positions a) Staff Report
b) Action – Adopt Resolution

11. OLD BUSINESS

12. COMMUNICATIONS

12.1. City/District Warrants of Demands were Processed and Issued on January 5, 2023 and January 12, 2023 and ACH were processed on January 5, 2023. a) Information Item Only
b) No Action Required

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 4.1
Proclamation

8 4.2
Proclamation

9 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF DECEMBER 12, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Special Meeting of December 12, 2022 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Richa Awasthi.

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

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Ben Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Edmund Suen, Finance Director, Derek Schweigart, Parks and Recreation Director; Tracy Avelar, Police Chief; Kent Thrasher, Fire Chief; Robert Marshall, Deputy Fire Chief; Louis Sun, Public Works Director; Rob Lasky, IT Manager; Julie Paping, Principal Management Analyst; Bridget Michelson, Video Technician and Yelena Cappello, Acting City Clerk/ Recording Secretary.

PUBLIC
Debora Wilder addressed the City Council in person to thank them for their service during challenging times and recognized the two new City Council members.

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

City/EMID Consent Calendar

6.1 Minutes

10 1. Minutes of City/EMID Regular Meeting of December 5, 2022.

RESOLUTIONS FOR ADOPTION

DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF FOSTER CITY ON TUESDAY, NOVEMBER 8, 2022 AND SUCH OTHER MATTERS AS PROVIDED BY LAW. CITY RESOLUTION NO. 2022-142.

The results of the General Municipal Election of November 8, 2022 were certified and entered into the City’s records as follows:

1. Said General Municipal Election was held and conducted in the City of Foster City on November 8, 2022 in the time, form, and manner as required by law;

2. That there were 9 voting precincts established in said City established by the Board of Supervisors of the County of San Mateo for the holding of the General Municipal Election and designated " Precinct Nos. 22001 through 22036";

3. On December 8, 2022 Mark Church, Chief Elections Officer & Assessor-County Clerk-Recorder, caused to be filed with the City Clerk of the City of Foster City, a certificate which includes the record of votes from the canvass of all ballots cast at said General Municipal Election;

4. The whole total number of ballots cast in the precincts was 11,032 in the City;

5. The names of persons voted for at the election for Member of the City Council were as follows:

Evan Adams
Richa Awasthi
Dave Melchner
Stacy Jimenez
Art Kiesel

6. That the number of votes given at each precinct to each person and the total number of votes given in the City to each person were as listed in Exhibit A attached to City Resolution No. 2022-142; and

7. That the City Council does declare and determine that Stacy Jimenez was elected to the office of Member of the City Council for the full term of four (4) years and Art Kiesel was elected to the office of Member of the City Council for the full term of four (4) years.

Motion by Councilmember Gehani, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No 2022-142, “A Resolution of the City Council of the City of Foster City Declaring the Results of the General Municipal Election Held in the City of Foster City on Tuesday, November 8, 2022 and Such Other Matters as Provided by Law.”

6.1 Minutes

11 PRESENTATION TO AND LEAVING OFFICE STATEMENT BY COUNCILMEMBER

SANJAY GEHANI
Kevin Fong, Field Representative for the Office of Assemblymember Kevin Mullin and Nicole Fernandez, District Director for the Office of State Senator Josh Becker presented a Legislative Resolution on behalf of Assemblymember Kevin Mullin and State Senator Josh Becker in honor of Councilmember Gehani’s service, commitment, and dedication to Foster City.

Sara Trejo, Field Representative for the Office of Congresswoman Jackie Speier, presented a Congressional Record on behalf of Congresswoman Jackie Speier in honor of Councilmember Gehani’s service and commitment to Foster City residents.

On behalf of the City Council, Mayor Awasthi presented a plaque to Councilmember Gehani for his service on the City Council.

The following people addressed the City Council in person:

1. Mike Callagy, County Executive Office, County of San Mateo;

2. Charles Stone, Councilmember, City of Belmont;

3. Julie Mates, Mayor, City of Belmont;

4. Rico Medina, Mayor, City of San Bruno;

5. Mark Nagales, Mayor, City of South San Francisco;

6. Carlos Romero, Councilmember, City of East Palo Alto;

7. Catherine Mahanpour, Former Mayor, City of Foster City;

8. Steve Okamoto, Former Councilmember, City of Foster City;

9. Tim Orivassarri;

10.Jay Srinivasan;

11.Jason Pollard on behalf of Garry Pollard, Former Councilmember, City of Foster City;

12.Anjana Gehani;

13.Ravi and Geeta Gehani;

14.Veer and Sweetu Gehani;

15.Stacy Jimenez, on behalf of Pam Frisella; and

16.Grace Huang.

Yvonne Ryzak addressed the City Council via teleconference.

Councilmember Gehani gave a leaving office statement.

PRESENTATION TO AND LEAVING OFFICE STATEMENT BY MAYOR RICHA

AWASTHI
Kevin Fong, Field Representative for the Office of Assemblymember Kevin Mullin and Nicole Fernandez, District Director for the Office of State Senator Josh Becker presented a Legislative Resolution on behalf of Assemblymember Kevin Mullin and State Senator Josh Becker in honor of Mayor Awasthi’s service, commitment, and dedication to Foster City.

6.1 Minutes

12 Sara Trejo, Field Representative for the Office of Congresswoman Jackie Speier, presented a Congressional Record on behalf of Congresswoman Jackie Speier in honor of Mayor Awasthi’s service and commitment to Foster City residents.

The following people addressed the City Council in person:

1. Kent Thrasher, Fire Chief, Foster City Fire Department;

2. Allison Proctor, Board President, San Mateo Foster City School District, and

3. Tripthi Kamath.

On behalf of the City Council, Vice Mayor Froomin presented a plaque to Mayor Awasthi for her service on the City Council and a plaque commemorating Mayor Awasthi’s service as Mayor for the past year. Vice Mayor Froomin also presented a gift card to her husband.

Mayor/President Awasthi gave a leaving office statement.

All of the Councilmembers thanked Mayor Awasthi and Councilmember Gehani for their service, leadership, and vision for Foster City.

ADJOURNMENT OF OUTGOING CITY COUNCIL/EMID BOARD OF DIRECTORS Without objection, Mayor/President Awasthi adjourned the meeting of the outgoing City Council/EMID Board of Directors. Meeting adjourned at 8:05 p.m.

Meeting recessed at 8:05 p.m. and reconvened at 8:10 p.m.

Jon Froomin presided over the meeting as Acting Mayor/President.

At 8:10 p.m., Jon Froomin presiding over the meeting, called to order the new City Council/EMID Board of Directors.

ROLL CALL OF NEW CITY COUNCIL/EMID BOARD OF DIRECTORS
The Acting City Clerk/Recording Secretary called the roll:

PRESENT: Councilmember/Director-elect Stacy Jimenez,
Councilmember/Director-elect Art Kiesel, Councilmember/Director Jon Froomin, Councilmember/Director Sam Hindi and
Councilmember/Director Patrick Sullivan
ABSENT: None.

6.1 Minutes

13 Management Analyst; Bridget Michelson, Video Technician and Yelena Cappello, Acting City Clerk/ Recording Secretary.

OATHS OF OFFICE TO COUNCILMEMBERS-ELECT STACY JIMENEZ AND ART KIESEL
Councilmember Jimenez’s father gave Oath of Office to Councilmember Stacy Jimenez.

Acting City Clerk Capello gave the Oath of Office to Councilmember Kiesel.

Principal Management Analyst Julie Paping presented the certificates of election to Councilmember Stacy Jimenez and Councilmember Art Kiesel.

NEW BUSINESS

NOMINATIONS AND ELECTION OF MAYOR/PRESIDENT
Acting Mayor/President Froomin opened the floor for nominations for the office of Mayor/President.

Councilmember/Director-elect Art Kiesel nominated Jon Froomin. Hearing no further nominations, Acting Mayor/President Froomin closed nominations.

Motion by Acting Mayor/President Froomin calling for a vote for the election of Jon Froomin to the office of Mayor/President. Motion carried unanimously, 5-0-0.

NOMINATIONS AND ELECTION OF VICE MAYOR/VICE PRESIDENT
Mayor/President Froomin opened the floor for nominations for the office of Vice Mayor/Vice President.

Councilmember/Director-elect Stacy Jimenez nominated Patrick Sullivan.

Hearing no further nominations, Mayor/President Froomin closed nominations, and called for a vote for the election of Patrick Sullivan to the office of Vice Mayor/Vice President.

Motion carried unanimously, 5-0-0.

OATHS OF OFFICE TO MAYOR AND VICE MAYOR
Mayor Froomin’s mother gave the Oath of Office to Mayor Froomin.

Acting City Clerk Capello gave the Oath of Office to Vice Mayor Sullivan.

CITY/DISTRICT/MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIASON REPORTS
Councilmember/Director Kiesel congratulated Councilmember Jimenez on her election and Mayor Froomin and Vice Mayor Sullivan on their new positions. He thanked outgoing

6.1 Minutes

14 councilmember Gehani and outgoing Mayor Awasthi for their work with Foster City, thanked those who helped with his campaign, and thanked the community for trusting him to serve on City Council.

Councilmember/Director Jimenez thanked her family for their support and allowing her to pursue her dream in service. She acknowledged those who invested in her and acknowledged the community, stating she will serve them the best she can. She congratulated Mayor Froomin and Vice Mayor Sullivan on their respective appointments and expressed her excitement for the work ahead.

Councilmember/Director Hindi congratulated Mayor Froomin and Vice Mayor Sullivan on their respective appointments to the office of Mayor and Vice Mayor, and Councilmember Jimenez and Councilmember Kiesel on their election. He stated that he looks forward to working with everyone.

Vice Mayor/Vice President Sullivan congratulated Councilmember Jimenez and Councilmember Kiesel and emphasized the importance of public service.

Mayor/President Froomin welcomed Councilmember Jimenez and Councilmember Kiesel to the team. He thanked outgoing Councilmember Gehani and outgoing Mayor Awasthi for their work, his family for their support, and his mother, wife and daughter for being present tonight. He stated that he aspires to lead with honor and respect for those he serves.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 8:45 p.m.

6.1 Minutes

15 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF DECEMBER 19, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Special Meeting of December 19, 2022 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 5:00 p.m. by Mayor/President Jon Froomin.

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

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

PRESENT: Councilmembers/ex officio Directors Sam Hindi, Stacy Jimenez, Art Keisel, Patrick Sullivan, and Mayor/President Jon Froomin.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager; Denise Bazzano, City Attorney; Edmund Suen, Finance Director; Julie Paping, Principal Management Analyst; and Yelena Cappello, Deputy City Clerk/ Recording Secretary.

RESOLUTIONS FOR ADOPTION
GRANT LETTER OF AGREEMENT WITH GILEAD SCIENCES FOUNDATION, INC.

AND THE RECEIPT OF GRANT FUNDING. CITY RESOLUTION NO. 2022-143. EMID RESOLUTION NO. 3698.

Principal Management Analyst Paping presented the staff report.

Discussion ensued.

Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Hindi, and carried unanimously, 5-0-0, adopting City Resolution No. 2022-143, “A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute the Grant Letter of Agreement with the Gilead Sciences Foundation, Inc. and the Receipt of Grant Funding in the Amount of $500,000 to Account No. 301-0000-369-1608”

6.2 Minutes

16 and EMID Resolution No. 3698 “A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the District Manager to Execute the Grant Letter of Agreement With the Gilead Sciences Foundation, Inc. and the Receipt of Grant Funding in the Amount of $500,000 to Account No. 301-0000-369-1608.”

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 5:39 p.m.

6.2 Minutes

17 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF JANUARY 9, 2022

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Special Meeting of January 9, 2023 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Jon Froomin.

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

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

PRESENT: Councilmembers/ex officio Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.

ABSENT: None.

STAFF PRESENT: Ben Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager, Edmund Suen, Finance Director; Tracy Avelar, Police Chief; Kent Thrasher, Fire Chief, Robert Marshall, Deputy Fire Chief; Louis Sun, Public Works Director; Rob Lasky, IT Manager; Leslie Carmichael, Consulting Planner, Julie Paping, Principal Management Analyst; Yelena Cappello, Deputy City Clerk; Shuli Chen, Video Technician and Priscilla Schaus, City Clerk/District Secretary/Recording Secretary.

PUBLIC
Yvonne Ryzak addressed the City Council in person regarding flooding resulting from recent storms.

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

City/EMID Consent Calendar

6.3 Minutes

18 1. City Resolution No. 2023-1, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. 1 to the Existing Contract Agreement with Koff & Associates, a Division of Gallagher Benefit Services, Inc., in the Amount of $8,250;” and

2. EMID Resolution No. 3699, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. 1 to the Existing Contract Agreement with Koff & Associates, a Division of Gallagher Benefit Services, Inc., in the Amount of $8,250.”

PUBLIC HEARINGS

HOUSING ELEMENT ZONING AMENDMENTS AND EXISTING UNIT PURCHASE TENANT PREFERENCE POLICY. CITY RESOLUTION NO. 2023-2. CITY RESOLUTION NO. 2023-3.

Vice Mayor Sullivan and Councilmember Hindi stated that they had a conflict of interest because they own a business and property within 500 feet of the project location.

Mayor Froomin stated that he had a conflict of interest because he owns property within 500 feet of the project location.

Under the provision of the Government Code for Exercising the Rule of Necessity, a random drawing was conducted and Mayor Froomin participated in the discussion, and Councilmember Hindi and Vice Mayor Sullivan recused themselves due to a conflict of interest.

Vice Mayor Sullivan and Councilmember Hindi and left the room at 6:40 p.m. and returned at 7:01 p.m.

Consulting Planner Carmichael presented the staff report for the portion of the item where the conflict of interest was applicable.

Mayor Froomin opened a public hearing to hear and consider comments regarding the Housing Element Zoning Amendments and Existing Unit Purchase Tenant Preference Policy.

Brian Shields Field Representative for Carpenters Union Local 217 addressed the Council via teleconference.

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

Discussion ensued.

6.3 Minutes

19 Motion by Councilmember Kiesel, seconded by Councilmember Jimenez, and carried, 3- 0-0, adopting City Resolution No. 2023-1,” A Resolution of the City Council of the City of Foster City Adopting an Addendum to the 2015 Final Environmental Impact Report Prepared for the Foster City General Plan Update and Climate Action Plan (SCH #2012072003)”
Motion by Councilmember Jimenez, seconded by Councilmember Kiesel , and carried by roll call vote, 3-0-0, to introduce the ordinance by title only and waive further reading, and pass to second reading “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 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.” Motion by Councilmember Kiesel, seconded by Councilmember Jimenez, and carried by roll call vote, 3-0-0, to introduce the ordinance by title only and waive further reading, and pass to second reading “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.”
Mayor Froomin reopened the public hearing to hear and consider comments regarding the Housing Element Zoning Amendments and Existing Unit Purchase Tenant Preference Policy.

Consulting Planner Carmichael presented the second portion of the staff report with no applicable conflict of interest.

No public testimony was received.

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

Discussion ensued.

Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan and carried unanimously by roll call vote, 5-0-0, to introduce the ordinance by title only and waive further reading, and pass to second reading “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

6.3 Minutes

20 the 2015-2023 Housing Element and Finding the Amendment Within the Scope of the Negative Declaration Adopted for the 2015-2023 Housing Element – RZ2022-0003.” Motion to introduce by Vice Mayor Sullivan, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-2, “A Resolution of the City of Foster City Adopting Amended Preferences for Selection of Tenants of Existing Unit Purchase Program Affordable Housing Units and Finding the Amendment Exempt From the California Environmental Quality Act (CEQA).”

NEW BUSINESS

APPOINTMENTS OF FOUR CITIZENS TO NEW FULL TERMS FROM JANUARY 1, 2023 THROUGH DECEMBER 31, 2025 AND ONE CITIZEN TO AN UNEXPIRED PARTIAL TERM THROUGH DECEMBER 31, 2023 ON THE PARKS AND RECREATION COMMITTEE. MINUTE ORDER NO. 1892.

Communications Director/City Clerk Schaus presented the staff report.

Discussion ensued.

Motion by Councilmember Kiesel, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting Minute Order 1892, appointing Fred Baer, Doris Duncan, Yvonne Ryzak, and Raj Tiwari to new full terms from January 1, 2023 through December 31, 2025 and Sirish Bindal to an unexpired partial term through December 31, 2023 on the Parks and Recreation Committee.

FOSTER CITY COUNCIL LIASONS LIST DATED JANUARY 9, 2023. MINUTE ORDER NO. 1893.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, and carried unanimously, 5-0-0, adopting Minute Order 1893, adopting the Foster City Council Liaisons List dated January 9, 2023 with amendments to assign Vice Mayor Sullivan as the primary liaison to the League of California Cities, and Mayor Froomin as the alternate, and assigning Councilmembers as alternates.

COUNCIL/BOARD STATEMENTS AND REQUESTS, COUNCIL LIAISON REPORTS,

AND CITY/DISTRICT MANAGER REPORTS
Councilmember/Director Kiesel expressed the need for communication with Pacific Gas and Electric (PG&E) regarding the power outageFoster City residents encountered during the recent storm.

Councilmember/Director Jimenez thanked Assistant City Manager Subhashini and Consulting Planner Carmichael for reviewing agenda items with her. She also thanked

6.3 Minutes

21 the Police and Public Works Departments, and other staff who have been working to keep residents safe, and Mayor Froomin for his leadership, during the recent storms. She requested to agendize an item to seek a contribution of $5,000 to the Foster City Sister City Association to offset the expenditures maintaining the Sister City relationship with Inagi City, Japan, including hosting a delegation in February, and a majority of the City Council supported the request.

Councilmember/Director Hindi thanked the Public Works and Police Departments, and the San Mateo Consolidated Fire Department for their hard work to keep residents safe during the storms. He acknowledged that the City has been proactive in investing in infrastructure, and highlighted the importance of quality employees to continually provide a high level of service for the community. He invited the public to join the Resilient & Sustainable Foster City Community Workshop on January 12, and stated the event will be held online only due to the storm.

Vice Mayor Sullivan thanked first responders for their work, and Ms. Ryzak for her public comment regarding flooding. He congratulated the appointees to the Parks and Recreation Committee. On January 4, he attended the San Mateo County Storm Briefing and they discussed storm preparations. On January 7, he attended the inauguration ceremony for the new San Mateo County Sheriff Christina Corpus with Councilmember Hindi and Councilmember Jimenez. He congratulated Sheriff Corpus and looks forward to her leadership.

Mayor/President Froomin acknowledged the fire department, police officers, and notably Public Works staff for being out on New Year’s Eve to help with the storm mitigation. He met with PG&E officials to discuss storm response and encourage proactive repairs. He asked if staff could investigate the drains at Whalers’ Island. He thanked the new and returning Parks and Recreation Committee members for their engagement and thanked his City Council colleagues for being prepared for the meeting. He requested to agendize a discussion regarding the San Mateo County Chamber Progress Seminar, and a majority of the City Council supported the request.

Assistant City Manager Subhashini wished everyone a Happy New Year on behalf of the City Manager’s Office and staff. She also thanked staff for their work during the storm and welcomed back Communications Director/City Clerk Schaus.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 7:49 p.m.

6.3 Minutes

22 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF JANUARY 17, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of January 17, 2023 of the City Council of the City of Foster City, sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID), was called to order at 6:30 p.m. by Mayor/President Froomin.

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

ROLL CALL
The Communications Director/City Clerk/District Secretary called the roll:

PRESENT: Councilmembers/ex officio Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager, Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Edmund Suen, Finance Director; Tracy Avelar, Police Chief; Louis Sun, Public Works Director; Derek Schweigart, Parks and Recreation Director, Rob Lasky, IT Manager; Thai-Che Le, Planning Manager; Julie Paping, Principal Management Analyst; Yelena Cappello, Deputy City Clerk; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PROCLAMATION IN RECOGNITION OF THE FOSTER CITY LIBRARY.

Vice Mayor Sullivan presented the Proclamation in Recognition of the Foster City Library to Foster City Library Branch Manager Julie Finklang, Senior Librarian Gina Feil, and Deputy Director Carine Risley.

PRESENTATION FROM THE PALESTINIAN AMERICAN COALITION OF SAN FRANCISCO DONATING A CHECK IN THE AMOUNT OF $1,000 TO THE FOSTER CITY FOUNDATION.

6.4 Minutes

23 Dr. Samir Totah and Mona Saadeh-Totah, representing the Palestinian American Coalition of San Francisco presented the check to the Foster City Foundation.

PUBLIC
The following people addressed the City Council via email:

1. Sherry Gilbert regarding traffic on Pitcairn Drive; and

2. Arthi Abhyanker regarding police body cameras.

CONSENT CALENDAR
Motion by Councilmember/Director Kiesel, seconded by Councilmember/Director Jimenez, and carried unanimously, 3-0-0, approving the following items on the City/District Consent Calendar:

Councilmember Hindi and Councilmember Sullivan stated that they had a conflict of interest because they own a business and property within 500 ft of the project location.

Mayor Froomin stated that he had a conflict of interest because he owns property within 500 ft of the project location.

Under the provision of the Government Code for Exercising the Rule of Necessity, based on a random selection drawing conducted at the last meeting, Mayor Froomin participated in the vote, and Councilmembers Hindi and Sullivan recused themselves due to a conflict of interest.

1. City Ordinance No. 657, “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 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 (First Reading January 9, 2023);” and

2. City Ordinance No. 658, “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

6.4 Minutes

24 Amendments Within the Scope of the Addendum to the 2015 FEIR – RZ2022-0002 (First Reading January 9, 2023).”
Motion by Councilmember/Director Hindi, seconded by Vice Mayor/Vice President Sullivan, and carried unanimously, 5-0-0, approving the following items on the City/District Consent Calendar:

City/EMID Consent Calendar

1. City Ordinance No. 659, “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 (First Reading December 5, 2022);”

2. City Ordinance No. 660, “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 and Finding the Amendment Within the Scope of the Negative Declaration Adopted for the 2015-2023 Housing Element – RZ2022-0003 (First Reading January 9, 2023);”

3. City Resolution No. 2023-4, “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);”

4. City Resolution No. 2023-5, “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;”

5. EMID Resolution No. 3700, “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 City-owned Office And Meeting/Classroom Space, IT Services and Equipment at the Community Center;”

6. City Resolution No. 2023-6, “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);”

7. EMID Resolution No. 3701, “A Resolution of the Board of Directors of Estero Municipal Improvement District Approving the Issuance of a Request for Proposals

6.4 Minutes

25 for Professional Engineering Design Services Associated with Fuel Systems Improvement Project (CIP 301-700);”

8. City Resolution No. 2023-7, “A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local Emergency Caused by the Threat of the Novel Covid-19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation;” and

9. EMID Resolution No. 3702, “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.”

ITEMS REMOVED FROM CONSENT CALENDAR
Without objection from the City Council, Mayor Froomin removed this item from the Consent Calendar at the request of staff.

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. CONTINUED TO CITY COUNCIL MEETING ON OR BEFORE FEBRUARY 21, 2023.

The following people addressed the City Council in person:

1. Denise Bolbol;

2. Pat Buviello;

3. Erik Allen;

4. Prasanth Pennepalli, 45422 Little Foot Place, Fremont; and

5. Veer Gehani.

The following people addressed the City Council via teleconference:

1. Brent Turner, Half Moon Bay;

2. Shireef el Makawi;

3. Susan Rowinski;

4. Susan Lessin;

5. Carla Cabral; and

6. Tonia Moore, San Mateo
The following people addressed the City Council via email:

6.4 Minutes

26 1. Keith Lee;

2. Christian Bucey, representing Greenfire Law; and

3. Kristin Lynn.

Motion by Councilmember Hindi, seconded by Councilmember Sullivan, and carried unanimously, 5-0-0, to continue “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” to a City Council meeting on or before February 21, 2023.

Without objection from the City Council, Mayor Froomin removed this item from the Consent Calendar at the request of Councilmember Hindi.

LETTER URGING STATE LEGISLATORS TO AMEND ASSEMBLY BILL (AB) 2449.

MINUTE ORDER NO. 1894.

Assistant City Attorney Bazzano presented the staff report.

Discussion ensued.

Motion by Councilmember Jimenez, seconded by Councilmember Kiesel, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1842, authorizing the Mayor to sign a letter urging State Legislators to amend Assembly Bill (AB) 2449.

PUBLIC HEARINGS

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. CITY RESOLUTION NO. 2023-8.

Planning Manager Le presented the staff report.

Mayor Froomin opened a public hearing to hear and consider 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.

6.4 Minutes

27 Lucerne Tsang, Senior Director of Business Strategy at Gilead Sciences, addressed the City Council.

Marlene Bluestone Suliteanu addressed the City Council via email.

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

Discussion ensued.

Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-8, “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 – 300-368 Lakeside Drive; 301 and 309 Velocity Way in Neighborhood VP – Gilead Sciences, Inc. – EA2022-0001.” Motion by Councilmember Hindi, seconded by Councilmember Kiesel, and carried unanimously by roll call vote, 5-0-0, to introduce the ordinance by title and waive further reading, and pass to second reading “An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the 72-acre Portion of the + 132-acres 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 – 300-068 Lakeside Drive; 301 and 309 Velocity Way in Neighborhood VP – Gilead Sciences, Inc – APNs: 094-122-050; -060; - 070; -080; -110; -120; -130; -140; -150; 094-901-290; -300; -310; -340; -370; -380; -390; -400; -410; 094-904-040; 130; 094-901-250; -260; -270; -280; -350; -360; 094-902-060; - 070; -090; -120; -130; -140; 094-903-040; 094-904-290; -300; -310; -320; -330; -340; 094- 905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; -050; -060; 070; - 080; -090; -100; -110; -120.”

NEW BUSINESS
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. MINUTE ORDER NO. 1895. MINUTE ORDER NO. 1896.

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28 Communications Director/City Clerk Schaus presented the report.

Pablo Valle addressed the City Council via teleconference.

Discussion ensued.

Minute Order No. 1895 was adopted as follows:

1. Motion by Vice Mayor Sullivan, seconded by Councilmember Jimenez, and carried, 5-0-0, appointing Michael Barry, Bob Buyers, Audie Chang, Falgoon Desai, Josef Rashty to new full terms from January 1, 2023 through December 31, 2025 on the Audit Committee.

2. Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, 4-0-1, Councilmember Jimenez abstained, adopting Minute Order No. 1895, appointing Fikret Caner Gocmen to a new full term from January 1, 2023 through December 31, 2025 on the Traffic Review Committee.

Motion by Councilmember Hindi, seconded by Councilmember Kiesel, and carried, 4-1- 0, Councilmember Jimenez voted “no”, adopting Minute Order No. 1896, directing staff to return to the previously used Citizen Advisory Committee appointment process where staff accepted committee applications and provided applications to City Council, and applicants were invited a City Council meeting for interviews and consideration of appointment. The process would also allow for a staff recommendation, if appropriate.

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

MINUTE ORDER NO. 1897.

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

Discussion ensued.

Motion by Councilmember Kiesel, seconded by Vice Mayor Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 1897, to receive and accept the Levee Improvements Project (CIP 327-657) - Monthly General Update.

RESOLUTIONS FOR ADOPTION

AUDITED FISCAL YEAR 2021-22 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) AND THE FISCAL YEAR 2021-22 WARRANT REGISTERS IN THE FORM OF THAT ACFR. CITY RESOLUTION NO. 2023-9. EMID RESOLUTION NO. 3703.

Finance Director Suen presented the staff report.

6.4 Minutes

29 Discussion ensued.

Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-9, “A Resolution of the City Council of the City of Foster City Ratifying and Approving the Audited Fiscal Year 2021-22 Annual Comprehensive Financial Report (ACFR) and the Fiscal Year 2021-22 Warrant Registers in the Form of That ACFR” and EMID Resolution No. 3703 “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 2021-22 Warrant Registers in the Form of That ACFR.”
APPROPRIATING $5,000 IN FISCAL YEAR 2022-2023 FROM THE GENERAL FUND BALANCE TO ACCOUNT NUMBER 001-1030-413-42-60 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. CITY RESOLUTION NO. 2023-10.

Communications Director/City Clerk Schaus presented the staff report.

Steve Okamoto, 630 Leo Drive, addressed the City Council in person.

Discussion ensued.

Motion by Councilmember Sullivan, and motion failed due to the lack of a second, to table the item until March when nonprofit funding is reviewed.

Motion by Councilmember Jimenez, seconded by Councilmember Kiesel, and carried, 3- 2-0, Vice Mayor Sullivan and Councilmember Hindi voted “no”, adopting City Resolution No. 2022-140, “A Resolution of the City Council of the City of Foster City Appropriating $5,000 in Fiscal Year 2022-2023 From the General Fund Balance to Account Number 001-1030-413-42-60 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.”

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

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.

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30 CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin provided an update regarding the recent storm, including fallen tree incidents, lagoon pumping, and addressing drain blockages. He expressed his appreciation for positive comments regarding the efforts for the Public Works staff, Parks and Recreation staff, and Police Department. The work has been a result of strong communication and group efforts.

Councilmember/Director Kiesel asked Public Works Director Sun if the City has enough pumping capacity to move a large amount of water and Director Sun confirmed the City has two operational pumps at the lagoon pump station with one pump used for normal operation, and the second pump as backup.

Councilmember/Director Jimenez stated that she attended the City/ County Association of Governments (C/CAG) Board meeting on January 12. She expressed concerns regarding service provided by Pacific Gas and Electric (PG&E). She acknowledged Martin Luther King Jr. Day and wished the community a happy Lunar New Year.

Councilmember/Director Hindi wished everyone a happy Lunar New Year and thanked Public Works for minimizing the impact of the storm and also thanked the Police Department and the San Mateo Consolidated Fire Department. He acknowledged Martin Luther King Jr. Day and said there is a lot of work to be done regarding civil rights.

Vice Mayor/ Vice President Sullivan thanked the Public Works and Police Departments, and PG&E employees for all their work. On January 12, he attended the San Mateo Consolidated Fire Department onboarding meeting with Mayor Froomin.

Mayor/President Froomin stated that he attended the San Mateo Consolidated Fire onboarding meeting on January 12. He requested to agendize for a report from Renne Public Policy Group (RPPG) regarding legislative action and grant writing activity, and a majority of the City Council supported the request. He thanked Councilmember Hindi for applying to OneShoreline San Mateo County Floor and Sea Level Rise Resiliency Agency to represent Foster City. He expressed continued concern about PG&E storm mitigation efforts due to neighborhoods still experiencing power outages.

CLOSED SESSION

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

1. Public Employee Performance Evaluation (Government Code §54957) Title: City Manager; and

2. Report Out from Closed Session.

Meeting recessed into Closed Session at 9:25 p.m. and reconvened at 10:26 p.m.

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31 Assistant City Attorney Stock/District Legal Counsel Bazzano reported that no action was taken in Closed Session.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 10:26 p.m.

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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 72-ACRE PORTION OF THE + 132-ACRES 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 – 300-068 LAKESIDE DRIVE; 301 AND 309 VELOCITY WAY IN NEIGHBORHOOD VP – GILEAD SCIENCES, INC – APNs: 094-122-050; -060; -070; - 080; -110; -120; -130; -140; -150; 094-901-290; -300; -310; -340; -370; -380; -390; - 400; -410; 094-904-040; 130; 094-901-250; -260; -270; -280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094-903-040; 094-904-290; -300; -310; -320; -330; -340; 094-905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; -050; -060; 070; -080; -090; -100; -110; -120; -130; -140; -150; -160; -170; -180; -190; and 200– RZ2022-0001

CITY OF FOSTER CITY
WHEREAS, On August 17, 1981, the City Council approved an Ordinance amending Title 17 of the City of Foster City Municipal Code to reclassify the + 132-acres of land known as Vintage Park (APNs 094-521-080, 090, 100 and 110 and 094-531-020, 030, 110, 120, 130, 140, 150, 160, 170, and 180) as a C-M/PD (Commercial Mix/Planned Development Combining District) with a General Development Plan (Ordinance 223, RZ- 10-80); and
WHEREAS, on November 4, 2013, by Ordinance No. 576, the City Council approved a Rezoning/General Development Plan of the Project site from CM/PD (Commercial Mix/Planned Development) District to a CM/PD (Commercial Mix/Planned Development) District with an
Amended General Development Plan (RZ-11-004) to allow up to 2,500,600 square feet of
biopharmaceutical office and laboratory uses, ancillary facilities and structured and at- grade
parking facilities on the Project site; and
WHEREAS, in accordance with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.) and implementing guidelines ("CEQA") the City Council by Resolution No. 2013-80 adopted on October 21, 2013, certified a Final Subsequent Environmental Impact Report, SCH 2008122064; EA-11-005 ("FSEIR") for the ±72 acre Gilead
Sciences Integrated Corporate Campus Master Plan Project ("Project") and adopted a Mitigation

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Monitoring and Reporting Program ("MMRP"); and
WHEREAS, on April 3, 2014, by Resolution No. P-14-14, the Planning Commission approved Addendum No. 1 to the SEIR amending Mitigation Measure NOl-b in order to allow an
extension in the construction hours if certain criteria are met; and WHEREAS, the Vintage Park General Development Plan was amended several times over the years to accommodate new and/or different land uses in response to changing market conditions and community needs; and
WHEREAS, on September 19, 2016, the Vintage Park General Development Plan on the 72-acre portion of Vintage Park was amended to decrease the allowable 250,000 square footage of office to allowable 250,000 laboratory space in the south campus portion for the Gilead Sciences Integrated Campus Master (APNs: 094-122-050; -060;- 070; -080; -110; -120; -130; -140; -150; 094-901-290; -300; -310; -340; -370; -380; -390; -400; -410; 094-904-040; 130; 094-901-250; -260; -270; -280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094-903-040; 094-904-290; -300; -31 O; -320; -330; - 340;_094-905-040; -050; -060; -070; -080; -090; 123-400-01 O; -020; -030; -040; -050; - 060; 070; -080; -090; -100; -110; -120; -130; -140; -150; -160; -170; -180; -190; and 200) (Ordinance No. 601, RZ-16-001); and
WHEREAS, on August 15, 2016, as part of Ordinance 601, the City of Foster City has adopted an Addendum No. 2 to the Gilead Sciences Integrated Corporate Campus Master Plan FSEIR and determined there are no substantial project changes or impacts identified and disclosed beyond those approved in the 2013 FSEIR and addenda thereto (Addendum No. 2); and
WHEREAS, on February 4, 2021, the Planning Commission approved a Use Permit (UP2019-0044, Resolution No. P-03-21) for the construction of an approximately

5.42-acre private park with landscaped outdoor amenities and gathering space for its employees (“Gilead Park”), within the Vintage Park GDP area that was designated for Buildings 305 and 307 within the original Master Plan;
WHEREAS, in 2022, Gilead Sciences Inc. has requested to amend the Vintage Park General Development Plan (GDP) to decrease the allowable office square footage by 250,000 square feet and increase the allowable laboratory space footage by 250,000 square feet for the South Campus portion of the Gilead Sciences Integrated Corporate Campus Master Plan;
WHEREAS, full public involvement in the preparation of this amendment to the Foster City Zoning Map has been ensured through duly noticed Planning Commission Study Session, public hearings and other means, including the following:

1.City Council Development Project Preliminary Review meeting took place on October 17, 2022 to introduce the proposed project to the City Council and the public and receive feedback prior to initiating the entitlement process.

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2.Planning Commission Public Hearing on December 1, 2022 to consider and make recommendations to the City Council regarding adoption of the Addendum and Rezoning/General Development Plan Amendment of the Vintage Park General Development Plan where the item was continued to December 15, 2022.

3.Planning Commission Public Hearing on December 15, 2022 to consider and make recommendations to the City Council regarding adoption of the Addendum No. 5 to the 2013 FSEIR and Rezoning/General Development Plan Amendment of the Vintage Park General Development Plan.

WHEREAS, on December 15, 2022, the Planning Commission held a Public Hearing and adopted Resolution Nos. P21-22 and P-22-22 recommending to the City Council adoption of Addendum No. 5 to the FSEIR and adoption of an amendment to the City’s Zoning Map and the current CM/PD (Commercial Mix/Planned Development); and
WHEREAS, pursuant to FCMC section 17.74.060, Resolution No. P-22-22 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 FIND AND ORDAIN 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 adopted Resolution No. ____ adopting an Addendum (Addendum No. 5) to the certified 2013 FSEIR that assessed the potential environmental impacts of the proposed change to the GDP to reallocate square footage on the Gilead Campus by decreasing office space by 250,000 square feet and increasing laboratory space by 250,000 square feet and that there are no substantial project changes, no substantial changes in the project circumstances and no new information of substantial importance which could not have been known with the exercise of reasonable diligence when the 2013 FSEIR was certified that would result in any new significant effects or any increase in the severity of a previously identified significant effect and that none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for preparation of a subsequent or supplemental EIR had occurred and therefore the City of Foster City deemed the memorandum an addendum to the SEIR, prepared in accordance with the requirements of CEQA (EA2022-0001). The mitigation measures identified in the FSEIR and included in the MMRP will continue to apply as set forth in the conditions of approval attached

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hereto as Exhibit B-3.

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 the City of Foster City based on the following:

1.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 it will include uses consistent with the Research/Office Park designation; will ensure that a variety of employment opportunities are available in Foster City and encourage change that responds to the current and potential market and employment needs of businesses consistent with Goal LUC-C and Policy LUC- C-12; will incorporate project mitigation measures and best management practices that will ensure that the uses are safe and strictly controlled to protect the health and safety of Foster City residents, workers and the overall environment consistent with Goal LUC-D and will encourage the redevelopment of under-utilized and/or outdate properties consistent with Goal LUC-K.

2.The maximum square footage allowed will not exceed the approved 2,500,600 square feet and will be consistent with the approved and amended Vintage Park General Development Plan (RZ-11-004) as adopted by Ordinance No. 576 November 4, 2013 and the FSEIR prepared for the Gilead Sciences Integrated Corporate Campus Master Plan (SCH: 2008122064).

3.The maximum square footage allowed will not exceed the approved 2,500,600 square feet and will be consistent with the approved and amended Vintage Park General Development Plan (RZ-16-001) as adopted by Ordinance No. 601 September 19, 2016 and the Addendum to the FSEIR prepared for the Gilead Sciences Integrated Corporate Campus Master Plan (SCH: 2008122064)

4.The total allowed square footage of the Gilead Campus will not increase from the previously permitted 2,500,600 square feet of laboratory, office and related uses. The proposed biopharmaceutical campus will not be detrimental to present and planned surrounding uses because the changes include a reallocation of square footage from office use to laboratory use which are both uses consistent with the Research/Office Park designation intended for the Vintage Park area.

No new square footage is proposed with this amendment;

5.On-site circulation is suitable and adequate to carry anticipated traffic generated by the project, and the traffic impacts on the street network outside the development will be mitigated to a less than significant level by the implementation and monitoring of the Gilead Transportation Demand Management Program which identifies vehicle trip reduction measures.

Additionally, the reallocation of 250,000 square feet from office to laboratory use is a reduction in 194 vehicle trips in the AM peak hour and 158 fewer trips in the PM peak hour;

6.Existing and proposed utility services and facilities and other public improvements such as fire and police protection; school services; open space

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and recreation; water supply; wastewater treatment; solid waste and electricity, gas and telecommunications are adequate for the proposed reallocation of square footage as the original biopharmaceutical campus density and land use proposed because the amendment: 1) the proposed project would not change or alter Fire Department and Fire Code requirements; 2) the proposed project 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; 3) the reallocation of square footage does not increase the demand for police services; 4) no new school facilities will be required as a result of the project; 5) the Water Supply Assessment prepared by the Estero Municipal Improvement District ("EMID") reviewed the water needs of this project in the approved FSEIR in 2012 as well as foreseeable projects, EMID will have sufficient water supply available to meet the demand generated from the proposed project without affecting water supplies for existing and planned future developments; 6) the current project would not increase water demand beyond the disclosed and approved FSEIR; 7) anticipated wastewater discharges are not high enough to require the expansion of the existing system and as required in the mitigation measures, the Developer will be required to prepare a sewer flow analysis and a hydraulic capacity study to verify that the existing sewer system is sized to meet wastewater generated by this project and prepare a Stormwater Pollution Prevention Plan to ensure that the proposed drainage system will accommodate stormwater runoff from the project; 8) the amount of solid waste generated will not substantially shorten the life of the landfill; and 9) the other utilities serving the project remains the same and is expected to be adequate;

7.Sufficient parking will be provided on the Gilead Integrated Campus consistent with Chapter 17.62, Off-Street Parking Regulations, of Title 17 Zoning, of the Foster City Municipal Code because a written agreement between the landowner and the City has been recorded to allow: 1) a reduced parking ratio of 1 space per 833 square feet of laboratory building pursuant to Sub-section 17.62.060 B.5.f; 2) shared campus-wide parking facilities pursuant to Sub-section

17.62.060 D.1; and 3) a 15% reduction in the number of required off-street parking stalls with the implementation of a Transportation Systems Management Plan/Transportation Demand Management Plan pursuant to Sub-section

17.62.060 D.3; and

8.Specific Development Plan/Use Permit(s) will be required for each new or improved building under the Integrated Master Plan and will be consistent with the Vintage Park Design Guidelines, the Vintage Park Signage Guidelines and the intent and purpose of Chapter 17.58 of the Foster City Municipal Code in order to ensure that the site and buildings developed will be well designed and attractive, will function in a safe manner, and will relate well to surrounding sites and buildings in the Vintage Park development.

9.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 is hereby amended

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for the 72 acre portion of the +/- 132 acres land known as Vintage Park owned by Gilead Sciences (“Gilead”), 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 include the previously approved temporary Gilead Park into a permanent use, as described in Exhibits A, B, B-1, to this Ordinance attached hereto and incorporated herein, subject to the previously approved Conditions of Approval described in Exhibit B-3.

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.

This Ordinance was introduced and read on the 17th day of January, 2023, and passed and adopted on the 6th day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________

JON FROOMIN, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

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EXHIBIT A

AMENDED GENERAL DEVELOPMENT PLAN FOR VINTAGE PARK
The CM/PD (Commercial Mix/Planned Development) District zoning of the +132-acre site in Vintage Park (APNs: 094-122-050; -060; -070; -080; -110; -120; -130; -140; -150; 094-901- 290; -300; -310; -340; -370; -380; -390; -400; -410; 094-904-040; 130; 094-901-250; -260; - 270; -280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094-903-040; 094-904- 290; -300; -310; - 320; -330; -340;094-905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; -050; -060; -070; -080; -090; -100; -110; -120; -130; -140; -150; -160; -170; -180; -190; and 200) is herewith limited and specified as follows:
a. Within the ± 72.59 - acre portion of Vintage Park (APNs: 094-122-050; -060; -070; - 080; -110; -120; -130; -150; 094-901-290; -300; -310; -340; -370; -380; -390; -400; - 410; 094- 904-290; -300; -310; -320; -330; and 340;) to allow development of up to 2,500,600 square feet of corporate biopharmaceutical campus consisting of up to 1,069,505 square feet of maximum office space; 1,407,495 square feet of biopharmaceutical laboratory space; a 5.42-acre private park including landscaped outdoor amenity and gathering space; 23,600 square feet of materials storage/warehouse spaces; and ancillary facilities (parking spaces (at-grade and in parking structures), cafeteria, pilot plant, meeting spaces, manufacturing and fitness facilities) with the option to separate vehicular and pedestrian circulation by closing off Lakeside Drive to through-traffic in accordance with the plans on file with the Community Development Department and Exhibits B, B-1, B-2, and B-3, attached hereto and incorporated herein.
b. Within the ± 4-acre portion of Vintage Park (APN: 094-122-140 — 303 Velocity Way) as depicted in the attached Exhibit C, uses shall be limited to development of up to 295,000 square feet of office, research and development, light assembly uses and ancillary facilities (including childcare, cafeteria, and exercise facilities), subject to the prior approval of the City. Parking for the building shall be provided on adjacent properties (APN5: 094-901-290, -300; -310; -340; -370; -380; -390; -400; -410; 094- 904-290; -300; - 310; -320; -330; -340; 094-120-050; -060; -070; -080; -110; -120; - 130; and 150) within 300 feet of the building entrance at a ratio of 4/1,000 with a 15% reduction (total of 853 spaces).
c. Within the remaining 57-acre portion of Vintage Park (APNs: 094-904-040; 130; 094- 901-250; -260; -270; -280; -350; -360; 094-902-060; -070; -090; -120; -130; -140; 094- 903-040; 094-905-040; -050; -060; -070; -080; -090; 123-400-010; -020; -030; -040; - 050; -060; 070; -080; -090; -100; -110; -120; -130; -140; -150; -160; -170; - 180; -190; and 200) as depicted in Exhibit D, uses shall be limited to allow development of up to ± 202,158 sq. ft. of office space; up to ± 236,763 sq. ft. of research and development space; up to two (2) hotels with a total of 475 rooms of up to ± 353,246 sq. ft.; up to ± 10,803 sq. ft. of restaurant/retail space; and a one- acre lake/open space area, with internal site circulation to be provided in accordance with the plans on file in the Community Development Department.

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EXHIBIT B
Integrated Gilead Sciences Corporate Campus Master Plan (Graphic)

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EXHIBIT B-1

INTEGRATED GILEAD SCIENCES CORPORATE CAMPUS MASTER PLAN (DENSITY/INTENSITY OF PERMITTED USES)
*Includes existing office that can be reclassified or converted to laboratory space. If any of the existing 45,505 SF of office space in the South Campus is removed it may be replaced with laboratory space. A conversion of existing office space to laboratory space shall reduce the maximum allowance for office and increase the allowance for laboratory by a corresponding amount, with no change to the overall maximum building square footage for the Integrated Campus.

Maximum Building Square Footage
South Campus
Office 45,505 max SF*
(existing office built, but can be
reclassified into lab)
Biopharmaceutical Laboratory 1,407,495 max SF*
Materials Storage/Warehouse 5,100 max SF
Total South Campus 1,458,100 max SF
North Campus
Office 1,024,000 max SF
Materials Storage/Warehouse 18,500 max SF
Total North Campus 1,042,500 max SF
Integrated South and North Campus
Office 1,069,505 max SF
Biopharmaceutical Laboratory 1,407,495 max SF*
Materials Storage/Warehouse 23,600 max SF
Total for Integrated Campus 2,500,600 max SF
Maximum Building Heights
Building
Number
Range
of
Stories
Height
Range
Height Range
(with Roof
Screen)*
300 2 35 57
310 2 35 57

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Building
Number
Range
of
Stories
Height
Range
Height Range
(with Roof
Screen)*
NB/322 2-4 40-68 62-90
NB/324 2-4 40-68 62-90
NB/331 1-10 20-170 42-192
NB/333 1-10 20-170 42-192
NB/335 2-6 40-102 62-124
NB/342 2-4 40-68 62-90
NB/346 2-4 40-68 62-90
NB/353 2-6 40-102 62-124
NB/355 1-10 20-170 42-192
NB/357 2-6 40-102 62-124
362 2 35 57
NB/368 (NLB-1) 4 68 90
NB/322 Annex 1-2 20-40 42-62
MSB 1-2 20-40 42-62
301 5 80 102
NB/305 1-10 20-170 42-192
NB/307 1-10 20-170 42-192
NB/309 1-10 20-170 42-192
Ship/Receive 1-2 20-40 42-62

* Does not include exhaust stacks which may extend up to 4 feet above the roof screen

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EXHIBIT B-2

GILEAD SCIENCES VESTED RIGHTS
The following outlines the vested rights under the South Campus Development Agreement and the South Campus General Development Plan (“Previous Approvals”) described in Ordinance Nos. 556, 554, and as amended in Ordinance No. 569. Any density or intensity beyond that provided for in the Previous Approvals, and described as the permitted 1,200,480 square feet designated in the graphic and table below (APN’s: 094-901-290, - 300, -310, -340, -370, -380, -390, -400, -410 and 094-904-290, -300, -310, -320, -330, and -340) is not vested (protected) under the terms of the South Campus Development Agreement (Document No. 2010-047080) – DA-08-003.

PERMITTED (VESTED) DENSITY AND INTENSITY OF USE
Within the ±40-acre portion of Vintage Park, the maximum development up to 1,200,480 square feet of biopharmaceutical campus consisting of the following:
-Maximum of 755,048 square feet of office space
-Minimum of 445,432 square feet of biopharmaceutical
laboratory space
-Ancillary facilities, parking (at-grade and in parking structures), cafeteria, pilot plant, meeting spaces,
manufacturing, small amount of warehouse and fitness
facilities.

Developer may reduce the space allotted to office use and increase the space allotted to laboratory and other uses, provided; however in no event shall the total building area exceed 1,200,480 square feet.

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EXHIBIT B-3

CONDITIONS OF APPROVAL
The CM/PD (Commercial Mix/Planned Development) District of the ±72.59 -acre site located in Vintage Park for the Gilead Sciences Integrated Corporate Campus Master Plan (APNs:
094-122-050; -060; -070; -080; -110; -120; -130; -150; 094-901-290; -300; -310; -340; -370; -380; -390; -400; -410; 094-904-290; -300; -310; -320; -330; and 340) is herewith limited and specified as follows:

1. The parking ratio for biopharmaceutical laboratories in the Gilead Sciences Integrated Corporate Campus Master Plan will be 1.2 spaces per 1,000 square feet of biopharmaceutical laboratory space.

2. A 15% reduction in parking will be permitted in accordance with the TDM plan on file.

If the Community Development Director finds that the TDM plan is not being maintained or monitored, then the provision for reduced parking may be taken away.

Parking shall be in adherence to the Parking Distribution Plan (Sheets P-1 through P- 3) on file with the General Development Plan. An Updated Parking Analysis Spreadsheet shall be submitted each time parking is modified on the site.

3. No construction can take place until a written agreement regarding shared parking, the Transportation Systems Management Plan and the reduced parking ratio for laboratory buildings between Gilead Sciences, Inc. (“Developer”) and the City, satisfactory in form and content to the City Attorney is signed and recorded in a form capable of and subject to being recorded to constitute a covenant running with the land consistent with the provisions in Chapter 17.62 Off-Street Parking Ordinance of the Foster City Municipal Code.

4. Specific Development Plan/Use Permit(s) shall be issued prior to development of any new buildings/structures.

5. Any new development on the site shall be consistent with the project description in the SEIR and shall adhere to all Mitigation Measures outlined in the MMRP and specific Conditions of Approval.

6. Sustainable Design Standards
Each applicant for a specific development plan/use permit shall comply with the following:
- All newly constructed non-lab buildings shall be designed to achieve the requirements of LEED Silver or a standard that is deemed to be equivalent to the LEED Silver standards (“Alternate Green Building Standards”) in effect as of the effective date of approval of the Gilead Sciences Integrated Corporate Campus Master Plan. At the time of application for specific development

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plan/use permit, the developer shall verify to the satisfaction of the City that the non-lab buildings satisfy the above standards.
- All newly constructed laboratory buildings shall be designed, constructed and operated as equivalent to "LEED Certified" or higher standards (eg LEED Silver) if such standards for laboratory buildings are in place at the time of the applicable specific development plan/use permit approval. At the time of application, the developer shall verify to the satisfaction of the City that the lab buildings satisfy the above standards.
- In the event that Gilead Sciences, Inc. ("Developer") elects to design commercial buildings to achieve the requirements of Alternate Green Building Standards, Developer shall submit such standards to the City for approval at the time of its application for a specific development plan/use permit. Developer shall retain an independent third party consultant ("Green Compliance Consultant"), at Developer's expense, to provide the City with a written analysis as to why the Alternate Green Building Standards are equivalent to LEED Silver. The Green Compliance Consultant retained by Developer shall be reasonably approved by the City. The City shall either approve or disapprove the Alternate Green Building Standards within thirty (30) days after the Developer's request. If the City disapproves the Developer's request, the City shall describe, with particularity, the reasons why the proposed Alternate Green Building Standards are not equivalent to the LEED Silver standards in effect as of the effective date.
- The Green Compliance Consultant shall verify whether the building(s) constructed by the Developer are in compliance with LEED Silver or Alternate Green Building Standards described in the Specific Development Plan/ Use Permit.
- Developer shall comply with all relevant mitigation measures in the Mitigation Monitoring Reporting Program ("MMRP"), including those found in GCC-1 requiring submittal of a Campus-wide Sustainability Plan or Sustainability Measures for individual building(s), as applicable.

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EXHIBIT B-4

TRANSPORTATION DEMAND MANAGEMENT PLAN
The Gilead Sciences Integrated Corporate Campus Master Plan Transportation Demand Management Plan dated August 7, 2012 may be amended and approved by the Community Development Director or Planning Commission at the time a Specific Development Plan/ Use Permit is proposed.

Gilead Sciences Integrated Corporate Campus Master Plan Transportation Demand Management Plan
dated
August 7, 2012

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EXHIBIT C
GRAPHIC FOR THE ±4 ACRE PORTION OF VINTAGE PARK
(APN: 094-122-140)
Bridgepointe Pkwy
Bridgepointe Circle
Chess Dr
State Route 92 Ramp
Vintage Park Dr
State Route 92 Ramp
Shell Blvd
Metro Center Blvd
E Third Ave
Shoal Dr
Baker Way
Port Dr
Reef Dr
Fathom Dr
Marsh Dr
Lakeside Dr
Hatch Dr
Trader Ln
Mariner's Island Blvd
Fathom Dr
Fathom Dr
Armada Way
Tiller Ct
Foster City Blvd
Velocity Way
Velocity Way
Permitted Density/Intensity:

Within the ± 4-acre portion of
Vintage Park (APN: 094-122-
140 – 303 Velocity Way), uses
shall be limited to development
of up to 295,000 square feet of
office, research and
development, light assembly
uses and ancillary facilities
(including child care, cafeteria,
and exercise facilities).

Permitted Density/Intensity:

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EXHIBIT D

GRAPHIC FOR VINTAGE PARK GENERAL DEVELOPMENT PLAN AREA

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56 DATE: February 6, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Andra Lorenz, Principal Management Analyst
DEPARTMENT: Public Works
SUBJECT: PROVING TWO (2) SOLE SOURCE AGREEMENTS WITH HF&H

CONSULTANTS FOR A FRANCHISE FEE STUDY AND A COST

OF SERVICE STUDY AND AUTHORIZING THE
APPROPRIATION OF $130,000 FROM GENERAL FUND RATE
STABILIZATION RESERVE ACCOUNT NO. 001-0000-295-3021
TO ACCOUNT NO. 001-0913-431-4251

RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Authorizing the execution of a sole source professional services agreement with HF&H Consultants in an amount not to exceed $50,000 to complete a Franchise Fee study; and

2. Authorizing the execution of a sole source professional services agreement with HF&H Consultants in an amount not to exceed $64,800 to complete a Cost of Services study; and

3. Approving a total combined contingency amount, which would apply to both of the agreements of $15,200 and authorize the City Manager to approve Contract Amendments up to the contingency amount; and

4. Authorizing the appropriation of $130,000 from General Fund Rate Stabilization Reserve Account No. 001-0000-295-3021 to Account No. 001-0913-431-4251 for these studies.

6.6 6.6 Staff Report

57 EXECUTIVE SUMMARY
As a government agency, it is prudent to periodically take a comprehensive look at the calculation of Franchise Fees as well as the cost to provide services to the community. HF&H Consultants (HF&H) have provided proposals to do these two studies for $50,000 and $64,800 respectively. HF&H has extensive experience in the field generally, and with South Bayside Waste Management Authority (SBWMA) members in particular, which makes them uniquely qualified to perform these studies under sole source agreements. Approving the two (2) resolutions will approve the sole source agreements and provide funding from the City’s General Fund Rate Stabilization Reserve Account.

BACKGROUND
Franchise Fee Study
In August 2022, the California Supreme Court issued a decision in Zolly v. City of Oakland. The decision indicates that franchise fees that are collected by local governments as part of franchise agreements may be subject to Proposition 26’s requirements. In the solid waste context, Proposition 26 would likely require that all franchise fees are either reasonably related to the City’s costs of providing services or administering regulatory programs or reasonably related to the value of City property utilized for solid waste services. While staff believes that the City’s current franchise fee satisfies these requirements, it is in the City’s best interest to evaluate the actual costs to provide the service in order to ensure that the City is fully capturing all potential fee revenues.

Cost of Service Study
A rate study conducted in 2001, for Solid Waste Rate Year 2002 resulted in the adjustment of the then regressive rate structure (i.e., where the more waste produced, the lower the unit cost per gallon charged) to a uniform rate structure (i.e., where the same unit price per volume was charged regardless of amount). This resulted in a

12.2% increase that was applied differently to the various customer categories to make the rates uniform.

In 2004, for Solid Waste Rate Year 2005, a study was conducted to adjust the uniform rate structure to a progressive rate structure, whereby users are charged higher unit rates as waste quantities increase. This progressive rate structure was considered by the City Council, but was not adopted until Rate Year 2008, at which point different percent increases were applied to the various commercial categories with no increase to residential rates.

In 2015, for Rate Year 2016, a cost of service study was conducted to analyze the

6.6 6.6 Staff Report

58 variance between costs and rates charged across all categories. The City Council did not implement changes to the rate structure based on that study.

ANALYSIS
Franchise Fee Study
This project will:
•Evaluate potential franchise fee valuation methodologies for both legal and financial viability;
•Inventory and account for the direct and indirect costs associated with managing the franchise agreement;
•Evaluate the direct and indirect costs associated with managing the City’ solid waste, recycling, and organic material collection, processing, and disposal activities through participation in the SBWMA;
•Calculate the value of other direct and indirect costs of the program that are either reimbursed to the general fund or to other parties (e.g., solid waste franchisee); and
•Calculate the value of any City property utilized by the franchisee or for solid waste services.

Cost of Service Study
Staff is recommending that the City engage a consultant to complete a study that will insure that rates are aligned with costs of service and recommend rates for calendar year 2024 by service sector, line of business, and subscribed levels of service and be able to be updated in future years.

While this study is separate from the Franchise Fee study, the two studies will be strategically timed so that they can complement one another and the results of the Franchise Fee study will be integrated into the Cost of Service study.

Sole Source Recommendation
HF&H has a team of economists, engineers, and accountants who work with public agencies throughout California on rate analysis, including specifically to develop a response to the new valuation requirement. They have conducted similar cost of service studies for other SBWMA member agencies. The City Attorney has indicated that the City can hire HF&H as a “sole source” service provider on the grounds that they are assisting the SBWMA, of which Foster City is a member, as well as other SBWMA agencies, and therefore, have unique knowledge and expertise about the City’s franchise agreement and solid waste operations that will allow HF&H to develop and recommend defensible cost-based solid waste rates in an efficient manner.

6.6 6.6 Staff Report

59 If the City Council wishes to move forward with either or both of the studies, the timing is important in order to complete the analysis by the end of summer so that the recommendations can be incorporated seamlessly into the rates for Rate Year 2024.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
The cost of the Franchise Fee Study is based on time and materials, not to exceed $50,000. The cost of the Cost of Service Study is based on time and materials, not to exceed $64,800. Because this is a new area of study and the requirements for the study may be affected by on-going court decisions and administrative regulations, Staff recommends that an additional $15,200 be appropriated for Contract Change Orders that may be needed due to alterations in the Scope of Work due to on-going conditions, and that the City Manager be given authority to authorize Change Orders for either or both contracts up to this contingency amount. The $15,200 contingency will apply to both contracts.

In 2009, the City Council adopted Resolution 2009-3 (Attachment 4), establishing “a restricted rate stabilization reserve within the City's General Fund to help reduce the impact of future rate increases on the ratepayers.” This reserve has a current balance of approximately $158,000. These studies qualify to use these restricted funds as the costs of the studies would be assessed to the ratepayers if an alternative funding source were not identified and available. In order to access these funds, the City Council is recommended to appropriate $130,000 from the General Fund Rate Stabilization Reserve Account No. 001-0000-295-3021 to Account No. 001-0913-431- 4251, which $130,000 is the not-to-exceed cost of the two contracts plus the recommended contingency. The studies will also analyze and determine how the costs of the study should be funded. Should either of the studies determine that they should be funded from other accounts, those accounts will be used to repay the reserve.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Innovation and Sustainability
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Agreement (Franchise Fee Study)

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60 Attachment 3 – Agreement (Cost of Service Study)
Attachment 4 – Resolution 2009-3

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RESOLUTION NO.____________

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

APPROVING SOLE SOURCE AGREEMENTS WITH HF&H CONSULTANTS FOR A FRANCHISE FEE STUDY IN AN AMOUNT NOT TO EXCEED $50,000 AND A COST OF SERVICE STUDY IN AN AMOUNT NOT TO EXCEED $64,800, APPROVING A TOTAL CONTINGENCY AMOUNT OF $15,200 AND AUTHORIZING THE CITY

MANAGER TO APPROVE CONTRACT AMENDMENTS UP TO THE CONTINGENCY AMOUNT, AND AUTHORIZING THE APPROPRIATION OF $130,000 FROM GENERAL FUND RATE STABILIZATION RESERVE ACCOUNT NO. 001-0000-295-3021 TO ACCOUNT NO. 001-0913-431-4251

CITY OF FOSTER CITY
WHEREAS, as a government agency, it is prudent to periodically take a comprehensive look at the calculation of Franchise Fees and the Cost of Service for the Solid Waste program; and
WHEREAS, HF&H Consultants have provided a proposal to do these studies for a not-to-exceed cost of $50,000 for the Franchise Fee Study and $64,800 for the Cost of Service Study; and
WHEREAS, HF&H has extensive experience in the field generally and with South Bayside Waste Management Authority (SBWMA) members in particular which makes them uniquely qualified to perform these studies; and
WHEREAS, funding is available for these studies in the General Fund Rate Stabilization Reserve Account No. 001-0000-295-3021.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby:

1. Authorize the execution of a sole source professional services agreement with HF&H Consultants in an amount not to exceed $50,000 to complete a Franchise Fee study; and

2. Authorize the execution of a sole source professional services agreement with HF&H Consultants in an amount not to exceed $64,800 to complete a Cost of Services study; and

3. Approve a total contingency amount, which applies to both agreements, of $15,200 and authorize the City Manager to approve Contract Amendments up to the contingency amount; and

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62 2
7 3

4. Authorize the appropriation of $130,000 from General Fund Rate Stabilization Reserve Account No. 001-0000-295-3021 to Account No. 001-0913-431-4251 for these studies.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution

63 Solid Waste Program Franchise Fee Analysis 1

PROFESSIONAL SERVICES AGREEMENT
FOR

SOLID WASTE PROGRAM FRANCHISE FEE ANALYSIS
This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City hereinafter called "CITY" and HF&H Consultants hereinafter called "CONSULTANT".

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

WHEREAS, CITY desires to engage CONSULTANT to provide professional services in the CITY;
WHEREAS, CONSULTANT is qualified to provide such services to the CITY and; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said Exhibit A is hereby made an obligation of CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b)
Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the

6.6 Attachment 2 - Agreement (Franchise Fee Study)

64 Solid Waste Program Franchise Fee Analysis 2
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 in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum Fifty Thousand dollars ($50,000). Invoices for amounts in excess of Fifty Thousand dollars ($50,000) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. Final payment will be made when all Services required under this Agreement have been completed to the reasonable satisfaction of CITY including, without limitation, CONSULTANT's transmittal of all deliverables to CITY required by EXHIBIT A.

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and

6.6 Attachment 2 - Agreement (Franchise Fee Study)

65 Solid Waste Program Franchise Fee Analysis 3
reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

7. Reliance on Professional Skill of CONSULTANT. CONSULTANT represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONSULTANT to do and perform the work. In performing services hereunder CONSULTANT shall adhere to the standards generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder.

CONSULTANT represents that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be performed for a fee within the maximum amount set forth in the Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

6.6 Attachment 2 - Agreement (Franchise Fee Study)

66 Solid Waste Program Franchise Fee Analysis 4
CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

The granting of any progress payment by CITY, or the receipt thereof by CONSULTANT, or any inspection, review, approval or oral statement by any representative of CITY or any other governmental entity, shall in no way waive or limit the obligations in this Paragraph 7 or lessen the liability of CONSULTANT for unsatisfactory Services, including but not limited to cases where the defective or below standard Services may not have been apparent or detected at the time of such payment, inspection, review or approval.

8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY. All documents, plans, drawings, renderings, and other papers, or copies thereof, retained by CONSULTANT that are not delivered to CITY are the property of CONSULTANT and are not records kept, maintained, or owned by CITY.

9. Relationship of Parties. CONSULTANT is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. CONSULTANT is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the CONSULTANT’s provision of Services, not the means, methods, or scheduling of the CONSULTANT’s work. CONSULTANT shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement.

CONSULTANT shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONSULTANT’s officers or employees.

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67 Solid Waste Program Franchise Fee Analysis 5
CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

11. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

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

CONSULTANT shall maintain all required insurance throughout the term of this Agreement and as otherwise provided in EXHIBIT C. In the event

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68 Solid Waste Program Franchise Fee Analysis 6
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 CONSULTANT shall promptly reimburse CITY for such expense).

CONSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service. In the event CONSULTANT fails to obtain or maintain completed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

13. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: ‘Andra Lorenz, Principal Management Analyst

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69 Solid Waste Program Franchise Fee Analysis 7
[email protected]
CONSULTANT: HF&H Consultants
590 Ygnacio Valley Road, Suite 105
Walnut Creek, CA 94596
Attention: Rick Simonson, Senior Vice President
[email protected]

16. Non-Assignment. This Agreement is not assignable either in whole or in part.

17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

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

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

21. Conflict of Interest. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with CITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any

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70 Solid Waste Program Franchise Fee Analysis 8
interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

22. Liability of CITY.

Except as provided in Exhibit A, Services to be Provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

CITY shall not be responsible for any damage to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even though such equipment be furnished, rented or loaned to CONSULTANT by CITY. The acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment, whether such damage be to the CONSULTANT, its employees, CITY employees or third parties, or to property belonging to any of the above.

Nothing in this Agreement shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agreement or other applicable law, shall be cumulative.

23. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or 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.

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71 Solid Waste Program Franchise Fee Analysis 9

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

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

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

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________ Jon Froomin, Mayor
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Rick Simonson, Senior Vice President

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72 Solid Waste Program Franchise Fee Analysis 10

EXHIBIT A

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

DELIVERABLES FOR

SOLID WASTE PROGRAM FRANCHISE FEE ANALYSIS

SERVICES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between HF&H Consultants, hereinafter referred to as "CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

1.Description of the Project: Conduct an analysis of Franchise Fees for Foster City’s Solid Waste Program

2.Basic Services:

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

2.1 Phase I: Methodology Development
Task 1a: Kick-off Meeting. Facilitate a virtual project kick-off meeting with all City stakeholders to the project to review and agree on the scope and schedule for the process, the roles of the various team members, responsibilities of various parties for information or participation, confidentiality requirements, critical success factors for the project, approaches, risks, opportunities, and other relevant context that may impact the project.

Task 1b: Methodology Development. Facilitate up to three scoping and methodology definition meetings with the City Attorney’s office, outside counsel, and City and/or JPA staff of the Solid Waste Program to present potential methodologies. Prior to the first meeting develop options for the valuation methodology using economic principles, methodologies used in other similar settings (e.g., CPUC regulated water enterprises), and common business valuation methodologies. Facilitate the meetings in a manner that allows each approach to be evaluated, critiqued, refined and revised between meetings, and brought back to the group for further review in each successive meeting with a goal of arriving at agreement on the approach by the end of the third meeting. If multiple valuation analyses are requested, a budget modification will be required. These meetings will be used to review the detailed methodology for performing the program reimbursement study and that approach will be customized for any unique considerations of the City.

Task 1c: Request for Information. Prepare a request for information (RFI) that is needed to conduct the various analyses contemplated by this study. Segregate the RFI into sections for different responsible parties (e.g., legal, solid waste, budget, etc.) based on the described roles in the Task 1a kick-off meeting. It will also be our goal to gather all required information at the beginning of the project. However, it is possible that, due to the somewhat novel nature of this work, HF&H may find additional data needs during the performance of the analytical work and if we do, we may issue a subsequent RFI or contact a specific data provider for clarification or additional detail.

2.2 Phase II: Conduct Franchise Fee Cost Review
Task 2a: Develop Franchise Fee Cost Model. Develop an analytical model using Microsoft Excel, specific to the methodology selected by the stakeholder team in Task 1b. Prepare the analytical model in a transparent and easy-to-follow manner to allow the City’s stakeholders to

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73 Solid Waste Program Franchise Fee Analysis 11
understand and communicate it and to support the City in the event of a legal challenge. Submit the analytical framework to the City’s stakeholder group for review and to gather input on data concerns, assumptions, legal viability, and/or to further refine the approach. Based on the information gathered from that input cycle, finalize the model.

Review and quantify various costs currently being borne by the City’s General Fund related to managing the City’s franchise agreement with the contract hauler, the cost of solid waste/litter collection by City staff, costs incurred to mitigate the impacts of the hauler’s operations, and/or other relevant costs, which may include, but is not limited to:
•City staff time necessary to be a participating member in the South Bayside Waste Management Authority (RethinkWaste) and to manage the franchise agreement with Recology (e.g., rate setting, contract compliance monitoring, contract negotiations, enforcement)
•City outreach costs related to recycling and organics programs, not already covered by an interfund transfer from the City’s General Fund
•Street tree trimming necessary to allow large collection vehicles to access City streets •Annual road maintenance costs resulting from the degradation of streets caused by the heavy collection vehicles on residential streets which are not constructed for such heavy vehicles
•Storm drain trash capture Operating and Maintenance (O&M) costs. Review and quantify any O&M costs related to the installation and/or on-going maintenance costs that may not have been captured in the annual capital contribution.
•Encroachment value of containers (carts and bins) in the City’s right-of-way •City code enforcement/anti-scavenging costs
Task 2b Gather Required Data for Analytical Model. Based on approaches, conduct data gathering from outside (non-City) agencies or business activities to inform the modeling assumptions, up to 40 hours. If additional data gathering is required by contractor, an amendment to the scope of work and budget will be required.

Task 2c Calculate Franchise Fee Valuation. Calculate the franchise fee value based on the methodology approved by the City Attorney’s office in Task 1b, the analytical framework prepared in Task 2a and reviewed by the City, and the data gathered in Tasks 1c and 2b from the City and outside parties. Share preliminary calculations with appropriate members of the City’s stakeholder team and receive up to 2 rounds of review and comment prior to finalizing the calculations and preparing the report (Task 2d). Additional rounds of revisions/calculations will require amending the scope of work and contract cost.

Task 2d Report on Franchise Fee Value. Prepare a final franchise fee valuation report or memorandum (depending on approach selected by City Attorney) documenting the franchise fee valuation methodology and results of the calculations.

PAYMENTS: Work shall be performed on a time and materials basis for an amount not to exceed fifty thousand dollars ($50,000).

SCHEDULE: Work shall commence and proceed in such a manner that the final report is completed no later than August 15, 2023.

END OF EXHIBIT A

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74 Solid Waste Program Franchise Fee Analysis 12

EXHIBIT B

FEE SCHEDULE
Staffing
Rick Simonson, Senior Vice President and HF&H partner, will manage the work of the franchise fee analysis under this agreement. Rick will be assisted by Gabe Sasser, Senior Associate, as well other well qualified senior associates and associate analysts, as necessary.

Professional Fees
Position Rate
Executive ..............................................................................................$310 - $320 Senior Project Manager ........................................................................$290 - $305 Project Manager ...................................................................................$245 - $255 Senior Associate...................................................................................$220 - $235 Associate Analyst .................................................................................$170 - $190 Assistant Analyst ..................................................................................$145 - $160 Administrative Staff...............................................................................$130 - $145 • Litigation Support and Expert Witness Services are not covered by this schedule of fees and expenses.

Direct Expenses
Automobile Travel......................................Prevailing IRS mileage rate (round trip) Airfare and Public Transit ......................................................................Actual Cost Subcontractor Services ...........................................................Actual cost, plus 5% Billing Conditions
• Monthly billing based on the standard hourly rate of the staff member assigned, multiplied by the time required to perform the client-related tasks, rounded to the nearest one-quarter hour, plus direct expenses.
• Invoices may be mailed or e-mailed to the contact person listed in the agreement or his/her designee. • If CITY’s change to a previously scheduled meeting results in penalties being assessed by a third party (e.g., airline cancellation fee), then CITY will bear the cost of these penalties.

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75 Solid Waste Program Franchise Fee Analysis 13

EXHIBIT C

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in herein on the attached form. No substitute form will be accepted.

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated Date of Agreement, by and between HF&F Consultants, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

1.Consultant's Duty to Show Proof of Insurance. Consultant, in order to protect City and its Council members, officials, agents, officers, and employees against all claims and liability for death, injury, loss and damage as a result of Consultant's acts, errors, or omissions in connection with the performance of Consultant's obligations, as required in this Agreement, shall secure and maintain insurance as described below. Consultant shall not perform any work under this Agreement until Consultant has obtained all insurance required under this section and the required certificates of insurance and all required endorsements have been filed with the City's authorized insurance representative, insurance Tracking Services Inc. (ITS). Receipt of evidence of insurance that does not comply with all applicable insurance requirements shall not constitute a waiver of the insurance requirements set forth herein. The required documents must be signed by the authorized representative of the insurance company shown on the certificate. Upon request, Consultant shall supply proof that such person is an authorized representative thereof, and is authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, Consultant shall promptly deliver to ITS a certificate of insurance, and all required endorsements, with respect to each renewal policy, as necessary to demonstrate the maintenance of the required insurance coverage for the term specified herein. Such certificates and endorsements shall be delivered to ITS prior to the expiration date of any policy and bear a notation evidencing payment of the premium thereof if so requested.

Consultant shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon the submission of any claim by Consultant or City as an additional insured.

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least 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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76 Solid Waste Program Franchise Fee Analysis 14
☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than two million dollars ($2,000,000) per occurrence and two million dollars ($2,000,000) aggregate.

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

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

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

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77 Solid Waste Program Franchise Fee Analysis 15

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 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

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78 Solid Waste Program Franchise Fee Analysis 16
request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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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.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

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

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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80 Solid Waste Program Franchise Fee Analysis 18

EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and HF&H Consultants (“Consultant”) dated ___________________________.

1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

B. A “COVID-19 Condition” is something attributable to COVID-19 not caused by the Consultant (which for purposes herein includes all subconsultants) and beyond its reasonable control including but not limited to COVID-19 Proclamations and supply chain disruptions due to COVID-19, and other circumstances concerning COVID-19 not caused by the Consultant and which are beyond its reasonable control.

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards. Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

D. An “Unknown COVID-19 Condition” is a COVID-19 Condition the Consultant did not know about, and reasonably should not have known about, as of the date the Consultant submitted its proposal. The requirements contained in COVID-19 Proclamations issued before submission of a proposal are not Unknown COVID-19 Conditions, and the Consultant will be deemed to have knowledge of those requirements.

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

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

3. Compliance with COVID-19 Proclamations.

A. Consultant shall comply with COVID-19 Proclamations in the performance of the Services, irrespective of when the COVID-19 Proclamations are issued, and as they pertains to performance of the Services. The cost of such compliance is non-compensable, except as otherwise expressly stated herein.

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

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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.

IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title

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PROFESSIONAL SERVICES AGREEMENT
FOR

SOLID WASTE PROGRAM COST OF SERVICE ANALYSIS
This Agreement is made and entered into as of the _____ day of ____________, 20___ by and between the City of Foster City hereinafter called "CITY" and HF&H Consultants hereinafter called "CONSULTANT".

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

TERMS AND CONDITIONS

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

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83 Solid Waste Program Cost of Service Analysis 2
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.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum Sixty-Four Thousand, Eight Hundred dollars ($64,800). Invoices for amounts in excess of Sixty-Four Thousand, Eight Hundred dollars ($64,800) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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84 Solid Waste Program Cost of Service Analysis 3
SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

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Compensation Schedule established in Exhibit A and within the times specified for each individual Project.

CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

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.

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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.

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.

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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 CONSULTANT shall promptly reimburse CITY for such expense).

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

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Foster City, CA 94404-2299
Attention: ‘Andra Lorenz, Principal Management Analyst
[email protected]
CONSULTANT: HF&H Consultants
590 Ygnacio Valley Road, Suite 105
Walnut Creek, CA 94596
Attention: Rick Simonson, Senior Vice President
[email protected]

16. Non-Assignment. This Agreement is not assignable either in whole or in part.

17. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

18. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

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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.

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

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF FOSTER CITY
Dated: _________________________________ Jon Froomin, Mayor
ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Rick Simonson, Senior Vice President

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92 Solid Waste Program Cost of Service Analysis 11

EXHIBIT A

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

DELIVERABLES FOR

SOLID WASTE PROGRAM COST OF SERVICE ANALYSIS

1.Description of the Project: Conduct an analysis of the Cost of Service for Foster City’s Solid Waste Program

2.Basic Services:

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

2.1 Task 1: Project Planning
Prepare for, attend, and facilitate a kick-off meeting with City staff to review and discuss, the following and any other project details:
• Roles and responsibilities of CONSULTANT and CITY;
• Project goals and objectives;
• Current issues and concerns; and,
• Final project scope and timeline of deliverables.

2.2 Task 2: Data Collection
Assemble the information necessary to understand and describe the City's current solid waste program finances and rates to develop a complete understanding of the program and its finances, and to reach an agreement on basic assumptions to be used in the study. General information needs shall include:
• • Adopted and historical solid waste service charges; • • Adopted and historical rate studies and methodologies; • • City's Franchise Agreement with Recology;
• • Financial information regarding solid waste revenues and expenditures; and • • Considerations of current and/or potential laws and regulations.

2.3 Task 3: Conduct Survey of Regional Solid Waste Rates Conduct a survey of other applicable regional solid waste rates, including the RethinkWaste member agencies, and summarize the survey results.

2.4 Task 4: Develop Cost of Service Rate Model
Develop a five-year financial planning and rate model based on the latest operating and capital budgets of the City and Recology and other financial policies and planning documents. Compare the resulting annual revenue requirement projections with the revenue from current rates to forecast the required revenue increases. We will review the City’s existing franchise agreement with Recology to ensure all financial aspects of the agreement are addressed in the development of the revenue requirement.

The model will incorporate:
• The impact of projected growth and inflation on operational and financial assumptions;
• The impact of new diversion programs or other program (e.g., expanded commercial

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recycling, expanded organics programs, as a result of SB 1383) on operational and financial assumptions;
• The allocation of existing revenues, operating expenses, and capital expenses to the collection system; and,
• Key model components (lines of collection services, other operations funded through solid waste rates, customer subscription data, etc.) and assumptions (assumed growth, assumed disposal tonnages, landfill tip fees, recyclable materials processing fees, annual reserve targets, etc.). • Direct costs will be assigned to the appropriate service category based on a fixed and variable component. Specifically, methodology to determine the fixed and variable costs will be discussed and agreed to with City staff.
• Indirect costs and overhead costs will be allocated based on parameters to be discussed with City staff such as number of accounts, tons, container capacity, routes, etc.

The model shall include financial data from Recology’s annual compensation application submitted to RethinkWaste and from the City’s financial system.

The model shall include a cost-of-service analysis which builds on the first year of the revenue requirement projections.

CONSULTANT shall develop the model to summarize the reported cost and operating data and to allocate costs to each service,-then by subscription level (size container and frequency of service). Determine the costs as follows:

Compare results with the revenue from current charges for each customer class to determine the difference and the transitional strategy that may be needed to align the updated rates with the cost of service without causing rate shock or hardships for any class.

If appropriate, present alternative rate structures for the City’s consideration. In presenting these alternatives, determine whether the City’s customer billing system has the ability to charge the rates.

Rate designs shall be presented such that impacts are easily understood by staff, elected officials, and rate payers. Compare rate structure alternatives with the current rate structure and with comparable agencies’ rate structures. Compare customer bills produced by rate structures. Use tabular and graphical techniques to clearly communicate the differences. Use these comparisons to make refinements during meetings to achieve the optimal result.

2.5 Task 5: City Council Study Session
Develop a PowerPoint presentation for a City Council study session summarizing key findings, alternatives and the recommendation. Provide a draft of the presentation to City staff for their review. Incorporate feedback from City into a final presentation. Attend and present findings and recommendation at a City Council study session, either in-person or via video conference (as requested by the City), to receive input and answer questions from the City Council and public and incorporate the feedback into the final recommendations.

2.6 Task 6: Draft and Final Report
Upon receiving feedback and direction from the City Council study session, prepare and issue a preliminary draft report to City staff that includes documentation of the analysis that was conducted, the rate model and inputs, and recommended rate adjustments.

Revise preliminary draft report, as appropriate, to respond to comments and recommendations by City staff and subsequently issue a draft report for presentation to the City Council.

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2.7 Task 7: Assist with Preparation of Proposition 218 Notice If applicable, work with the City’s legal Counsel in drafting the required Proposition 218 notice to the public. The notice shall include charts (or similar visuals) where appropriate, which will include, but is not limited to, a rate comparison with other cities.

2.8 Task 8: Presentation to City Council
Present the revised draft report from Task 6 to the City Council for approval and their authorization for City staff to mail notices to rate payers, initiating the Proposition 218 protest process.

2.9 Task 9: Attend Public Hearing to Adopt Rates
Conclude the project with successful implementation of the preferred alternative. Attend (in-person or virtually) the protest hearing at the end of the 45-day protest period required by Proposition 218.

PAYMENTS: Work shall be performed on a time and materials basis for an amount not-to-exceed Sixty- Four Thousand, Eight Hundred dollars ($64,800).

SCHEDULE: Commence work upon the execution of this agreement. If executed by March 1, 2023, pursue the completion of the engagement for rates to become effective January 1, 2024. Scope and schedule assume three City Council meetings, likely to be held in September, October, and December. If any of the three proposed City Council meeting dates are delayed, the effective date for implementing the solid waste rates may be delayed.

END OF EXHIBIT A

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EXHIBIT B

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EXHIBIT C

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.

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☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non- owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence.
☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code.

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3.Insurance terms and conditions:

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request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form

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Solid Waste Program Cost of Service Analysis 19

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:

Other:

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

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.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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Solid Waste Program Cost of Service Analysis 20

1. Definitions
A. The 2019 novel coronavirus and the disease it causes are collectively referred to herein as “COVID-19”.

3. Compliance with COVID-19 Proclamations.

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.

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Solid Waste Program Cost of Service Analysis 21

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.

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.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.

IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Print Name & Title Print Name & Title

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RESOLUTION NO. 2009-3

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY IMPOSING A ONE-TIME ASSESSMENT OF $650,000 (FEE) AND ESTABLISHING

A RESTRICTED RATE STABILIZATION RESERVE TO HELP REDUCE THE

IMPACT OF FUTURE RATE INCREASES ON THE RATEPAYERS

CITY OF FOSTER CITY
WHEREAS, the current agreements with Allied Waste Industries will end on December 31, 2010; and
WHEREAS, in order to minimize controversy pertaining to the amounts owed to or due from Allied Waste Industries at the end of the term of the current agreements, it is recommended that member agencies adopt a strategy for managing their rates to achieve a projected zero balance in their respective balancing accounts by December 31, 2010; and
WHEREAS, agencies with amounts due to Allied Waste Industries are recommended to increase rates to achieve an estimated balancing account of zero and agencies with amounts due from Allied Waste Industries may create rate stabilization reserves (or reduce rates) to achieve this zero balance; and WHEREAS, at the end of calendar year 2009, assuming no rate adjustments, it is estimated that Foster City will have a positive balancing account of $650,000; and WHEREAS, per section 3.03 of the Franchise Agreement, the City reserves the right to set fees as it deems necessary and those fees shall be treated as a pass- through expense, and
WHEREAS, the establishment of a restricted rate stabilization reserve managed by the City would help offset future costs and minimize impacts to ratepayers.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby:

1. Impose a one-time assessment of $650,000 (fee); and

2. Establish a restricted rate stabilization reserve within the City's General Fund to help reduce the impact of future rate increases on the ratepayers.

BE IT FURTHER RESOLVED that Allied Waste Industries shall remit one-fourth (1/4th or $162,500) of the fee ($650,000) quarterly to the City on or before the twentieth (20th) day after the end of each calendar quarter.

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104

RESOLUTION NO. 2009-3
PASSED AND ADOPTED as a Resolution of the City Council of the City of Foster City at the Regular Meeting held on the 5 th day of January, 2009, by the following vote:

AYES: Councilmembers Frisella, Kiesel, Koelling, Wykoff, and Mayor Kiramis NOES: None
ABSENT: None
ABSTAIN: None
AcYt-it V.- I P-A 01/4.15

JOHN KIRAMIS, MAYOR
ATTEST:

L.7 THERESE L. CALIC, CITY CLERK
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1 DATE: February 6, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Assistant City Manager
Thai-Chau Le, Planning Manager
DEPARTMENT: Community Development
SUBJECT: AN AMENDMENT TO THE FOSTER CITY ZONING MAP TO

MODIFY THE PREVIOUSLY APPROVED GENERAL

DEVELOPMENT PLAN FOR THE LAND KNOW AS CENTURY
PLAZA TO ALLOW R&D USES LOCATED AT 1065 E.

HILLSDALE BOULEVARD - RZ2021-0006

RECOMMENDATION
It is recommended that the City Council take the following actions:

1. Find the Project Categorically Exempt as a Class 1 Categorical Exemption (CEQA Section 15301-Existing Facilities) related to the addition of Research and Development (R&D) uses at Century Plaza Office building pursuant of the California Environmental Quality Act – EA2021-0005; and

2. Introduce by title only and waive further reading of an Ordinance to amend the Foster City Zoning Map to modify the previously approved General Development Plan (GDP) for the 5.135-acre parcel known as Century Plaza located at 1065 East Hillsdale Boulevard, northwest corner of Foster City Boulevard and East Hillsdale Boulevard, in the C-2/PD (General Business/Planned Development Combining) District with an amended GDP to allow R&D Uses and a parking reduction to a total of 327 parking spaces – Attachment 1 – RZ2021-0006

EXECUTIVE SUMMARY
The project includes a Zoning Map amendment to modify the previously approved General Development Plan (GDP) for the 5.135-acre parcel known as Century Plaza located at 1065 East Hillsdale Boulevard to allow for R&D uses. Approval of this GDP

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1 amendment would allow R&D uses within 87,000 square feet of the existing 115,436 square feet of office space from floors one (1) through four (4) at the 5.135-acre parcel located at 1065 East Hillsdale Boulevard (APN 094-512-080).

The Zoning Map and GDP amendment for this project would allow for an additional use such as Life Sciences Research Office use at the Century Plaza. The additional allowable use of R&D would not preclude office uses to remain on site and would provide parameters as to what type of R&D would be allowed.

At the December 15, 2022 Planning Commission hearing the Planning Commission reviewed the project materials, including all the technical reports and studies associated with the two applications (Use Permit and GDP Amendment) and determined that the project is consistent with the General Plan’s goals and policies and the Foster City Municipal Code. Specifically, the proposal would be consistent with the Foster City General Plan policies LUC-B, LUC-C, LUC-D, LUC-D-1, LUC-D-2, LUC-D-11, LUC-F-2, LUC-G, LUC-I.

After deliberations, the Planning Commission approved Resolution No. P-23-22 to recommend that the City Council conditionally approve an amendment to the Foster City Zoning Map to modify the previously approved GDP for the 5.135-acre parcel known as Century Plaza located at 1065 East Hillsdale Boulevard, in the C-2/PD District with an amended GDP to allow R&D Uses by a vote of 4-0-0-1. This approval was conditioned upon applicant paying prevailing wages, having a preference for local hiring, and using best efforts to use union contractors to the maximum extent feasible.

The Planning Commission also approved Resolution No. P-24-22 finding the proposed project categorically exempt (Class 1) from CEQA and approved a Use Permit to allow up to approximately 87,000 square feet (SF) of R&D and/or office uses on floors one (1) through four (4) at the existing building, subject to Conditions Of Approval, located at 1065 East Hillsdale Boulevard as well as modification to the parking area to remove five additional parking spaces, resulting in 327 parking space at Century Plaza. Approval of the Use Permit is contingent upon approval of the GDP by the Council and would take effect at the same time the GDP action is effective, if approved by the City Council.

BACKGROUND
Project Site
The subject 5.135-acre lot is situated at the southwest corner of Foster City Boulevard and E. Hillsdale Boulevard and currently features a four (4)-story office building of approximately 115,436 square feet (SF), surrounded by approximately 359 surface parking spaces and perimeter landscaping. A 5,200 square-foot pavilion was recently approved at the southern corner of the site, resulting in a total of 332 parking spaces

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1 remaining on site. This part of the project was entitled, but not built. The project location and a perspective view of the subject site are included below in Figure 1.

Figure 1. Location Map of subject site and its surroundings. [Source: Google Maps] Century Plaza is currently operating as an office use with 8,000 SF on the ground floor for the commercial bank. Most of the remaining tenants are on short-term leases by request. Based on information from the applicant, a typical office space in Foster City is about $5.74 per square foot (full service) compared to the project site’s current rate of $5.25 per square foot. Current efforts to attract and retain tenants include offering discounts utilizing free rent and other concessions. Improvements in 2016 and 2017 including updates to the hardscape and softscape on the front side of the building approaching the main entrance such as new awning, drive lane, seating areas, and landscaping.

Although several office tenants are currently operating at Century Plaza, there is still a high vacancy rate of approximately 43% as of mid-November 2022 and will continue to see a rise in vacancy. Therefore, the property owner is requesting to allow R&D use to provide the flexibility to lease the space to either office and/or R&D tenants.

Entitlement History
On October 16, 1980, a Planning Commission Resolution (P-133-80) was approved, granting entitlement of a Use Permit (UP-13-80) for construction of a 115,436 square- foot, four-story commercial office building and 392 parking spaces.

On December 1, 1980, an Ordinance (Ordinance 209) was adopted to reclassify the approximately 5.135-acre land located at 1065 E. Hillsdale Boulevard to General

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1 Business/Planned Development (C-2/PD) District with a GDP. The following year on April 16, 1981, a Use Permit Modification to UP-13-80 was approved, allowing conversion of 8,000 SF of the building from commercial office space to bank use featuring two (2) drive- up teller windows (Resolution P-37-81). Successive entitlements permitted reduction of the on-site parking capacity (UP-80-013N) resulting in a current supply of 359 parking spaces. Therefore, the existing building currently has a 93%-7% office-bank split use, both are considered commercial uses.

More recently, on May 5, 2022, a Use Permit (UP2021-0015) was approved to allow an approximately 5,200 square-foot stand-alone outdoor pavilion structure featuring restaurant/retail tenant spaces, outdoor seating, and restrooms, primarily as an ancillary amenity to the existing Century Plaza office use, as well as a modification to the parking area removing 27 parking spaces, resulting in approximately 332 parking spaces (Resolution P-09-22). On June 6, 2022, the City Council approved the associated amendment to the GDP and Zoning Map to effectuate the Use Permit which went into effect June 20, 2022 (Ordinance No. 649).

Project Proposal
The proposed project would allow for the option to convert up to approximately 87,000 SF (75%) of existing office space to laboratory use from first through fourth floor, maintaining at least 26,910 SF (25%) of office use and bank use (“project”). If the proposal is approved, it would enable the owners to coordinate the conversion of offices to laboratories with the natural lease expiration of the tenant leases occupying those offices.

Depending upon the vacancy at the time of the conversion, the owners may consolidate office tenants who may want to remain on site into one floor and convert the rest of the space, or a combination of other options.

Full floor plans are not available at this time as the applicant does not intend to convert areas from office to R&D (both interior or exterior) before a long-term commitment from a R&D tenant is secured and therefore, concrete interior remodeling details are unavailable and would be too speculative. However, in order to accommodate for a change from office to R&D uses, it is anticipated that two (2) equipment yards may be required along the northwest of the building and an expanded rooftop HVAC area may be required for future R&D operations. The project is proposing lab space that would only limit operation at a Bio Safety Level-2 (BSL-2) or below. More detailed structural drawings would be provided to the City according to build-to-suit specs of the ultimate tenant user as part of their Building Permit Tenant Improvement application at a later date, if the applicant chooses to continue with any R&D conversion.

Once a tenant is secured, then any necessary building permits for Tenant Improvements (TIs) will be submitted to the City and will be subject to additional reviews. Conceptual plans and proposals will be reviewed by the various City departments and Condition of Approvals (COAs) will be imposed as part of the Use Permit.

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1 Preliminary Review and Study Session
The project was brought to City Council Development Project Preliminary Review Meeting on November 1, 2021 and then to the Planning Commission Study Session on October 20, 2022. The Council made comments and raised questions including the following: the pandemic has changed the way we work and decreased office occupancy; R&D is a fit for this site; interested in a traffic study even though they understand the number of employees decreases with R&D use; supportive of ways to reduce water demand; requested ways to reduce energy demand; requested information on construction required and timing; concern for displacement of existing office tenants; will parking supply meet demand; and, how might this project impact Foster City housing needs. No formal action was taken at that meeting.

Many of the Commissioners expressed that the flexibility in use is appropriate but had questions about certain analysis and requested more information. The primary concerns and comments raised were around tighter definition of R&D, community benefits, concentration of R&D use within the City, and cost to the City. Furthermore, many commissioners expressed that the technical reports should be updated to ensure the use comparable data and analysis of similar projects in the area account for existing environment and recent employment trends. Information for job-housing balance was also raised and one Commissioner highly encouraged the retention of the on-site ATM and asked for assurance of the planned retail pavilion project built-out.

Planning Commission Public Hearing
The project was brought to Planning Commission Public Hearing on December 15, 2022 as all requested technical reports and additional request from Planning Commission from the Study Session in October 2022 were addressed. At the December 15, 2022 meeting, the Planning Commission emphasized the importance of providing prevailing wages and preference for union labor. The Planning Commission also emphasized the importance of maintaining and ensuring the previously approved pavilion restaurant project on portion of the project site continue to be a thriving option for the future of this site. The Commission reviewed the project materials, including all the technical reports and studies associated with the two applications (Use Permit and GDP Amendment) and determined that the project is consistent with the General Plan’s goals and policies and the Foster City Municipal Code. The Planning Commission adopted:
1) Resolution No. P-23-22 to recommend to City Council approval of an amendment to the Foster City Zoning Map to modify the previously approved GDP for the 5.135-acre parcel known as Century Plaza 1065 East Hillsdale Boulevard, in the C-2/PD District with an amended GDP to allow R&D Uses conditionally, with a condition of approval as follows: applicant shall pay prevailing wage, applicant shall have a preference for local hiring, and applicant shall use best efforts to use union contractors to the maximum extent feasible; and
2) Resolution No. P-24-22 for the approval of a Use Permit to allow up to approximately 87,000 square feet (SF) of R&D and/or office uses on floors one (1)

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1 through four (4) at the existing building, subject to Conditions Of Approval, located at 1065 East Hillsdale Boulevard as well as modification to the parking area to remove five additional parking spaces, resulting in 327 parking space at Century Plaza with its associated Categorical Exemption pursuant to CEQA.

Since that meeting, the project Applicant has submitted a letter of commitment indicating that they voluntarily agree to paying prevailing wages set by the Department of Industrial Relations with a hiring preference towards subcontractors located in Foster City and San Mateo County and that the Applicant shall use its best contracting efforts to use subcontractors who are signatories to union agreements with affiliates of the Building and Construction Trades Council of San Mateo County, including but not limited to, ensuring all applicable trades, including carpentry, receive multiple notices related to contracting opportunities. (See Attachment 5)
For complete background and project timeline, please refer to the December 15, 2022 Planning Commission Public Hearing Staff Report (Attachment 2). Supplemental meeting materials including the technical reports are available on the website here.

Existing Proposed Zoning and General Development Plan
The zoning designation of the subject site is C-2/PD (General Business District/Planned Development Combining District). The C-2 District is regulated by Chapter 17.26 of the Foster City Municipal Code. Permitted uses in the C-2 District include uses permitted in the neighborhood commercial C-1 Districts and other commercial type of uses such as retail, service establishments, hotels, motels, restaurants, bars etc. Conditional uses in the C-2 District include public service buildings, utility buildings, churches, schools, etc.

The PD District is regulated by Chapter 17.36 of the Foster City Municipal Code and is intended to accommodate a range of development types while offering flexibility by allowing tailoring of City Standards to specific uses (Section 17.36.010, Foster City Municipal Code).

The current zoning designation for the site was established by a GDP in 1980 and revised in 2022. The GDP originally approved in April 1980 (Ordinance 209) approved an amendment to change the zoning from a C-2/PD (General Business/Planned Development) district to a C-2/PD with a GDP and limited the development to one four- story commercial office building on a 5.135- acre site. In June 2022, the GDP was amended (Ordinance No. 649) to include in a 5,200 SF of single-story restaurant/retail tenant space and reduced the parking to the allowable 332 with the implementation of a Transportation Demand Management (TDM).

Since the GDP for the site described above specifically includes 115,436 SF of dedicated office use at Century Plaza, the proposal to allow R&D use at the building would require an amendment of the GDP and rezoning of the site to allow R&D uses.

ANALYSIS

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1 General Plan Land Use Consistency
The General Plan [link] constitutes the long-range document guiding the vision for future development of Foster City. It is a living document that reflect the City’s needs and desires, which evolve over time.

The site is immediately adjacent to mostly commercial offices, services, and retails. Most recently, the southern site known as Parkside Towers located at 1001 E. Hillsdale Blvd was approved for a Use Permit for potential future conversion of the office use to R&D.

The allowable R&D of this site would be consistent with the General Plan, as recently amended by the City Council through Resolution No. 2022-138 in December 2022. The project would be keeping to a maximum level of BSL-2 level of use and would be subject to all Conditions Of Approval (COAs) during operations. For the reasons, the project is deemed consistent with the General Plan Land Use Category.

The project included a Market Feasibility, Fiscal Impact Analysis (FIA), Transportation Report, Water Capacity Investigation, Parking Demand Management Plan, and Parking Study. All materials are made available at the December 15, 2022 Planning Commission meeting here.

The Market Feasibility Study and its supplemental analysis concluded that the physical attributes of the project’s site and building can accommodate an R&D use such as the need for a certain size floor plate, height, additional equipment, and access. The FIA concluded that the project would generate more net revenue for the City than the existing development through increased property tax revenues as well as other taxing agencies.

The report identified that the proposed project could result in a positive net impact to the City’s General Fund with approximately $1.04 million per year in net revenue, most would be from the property tax and other taxing agencies. Therefore, this represents a net increase in annual City General Fund revenues when compared to the existing project and is achieved through property tax revenues as well as other taxing agencies.

The Transportation Report concluded that the project would not result in significant impact under CEQA and trips generation for R&D would be lower than office use. The project currently has 359 parking spaces and is allowed for 332 parking spaces with the construction of the approved retail pavilion project. Using the 332 parking spaces as the baseline, the project would likely reduce the parking capacity further down to 327 spaces as it is expected to remove about five (5) spaces to accommodate equipment yards.

Therefore, pursuant to the City’s Municipal Code for off-street requirements (17.36.060(B)(4)), a Transportation Demand Management (TDM), was prepared and approved as part of the project for the parking reduction request. It is to note that while

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1 the Municipal Code prescribed allowable parking requirements, additional parking studies were conducted based on typical survey data to determine that the project would result in approximately 22 vacant spaces during peak use. Therefore, parking is deemed sufficient and the incorporation of the TDM as required by code.

A water capacity and demand technical memorandum was provided by Maddaus Water Management Inc., updated November 18, 2022, to evaluate the water use for the current and new operation. The existing office building currently operates at 6.8 acre-feet per year in water demand, including irrigation. The site currently has approximately 25,000 SF of landscaping and turf on the 5-acre site. The landscaping and plant palette at the site has some high-water use plants. The analysis shows that the conversion of 75% of office to R&D with the remaining square footage to remain as office would result in similar water demand as a full 115,436 SF office with high irrigation water usage. Furthermore, the project would complete upgrades to existing irrigation and landscape profile to further reduce water demand on site, bringing the water use to net-zero. While the areas of improvements are yet to be fully identified, the project is subject to COAs in the approved Use Permit that would require verifications of existing and proposed landscaping with its water use profile to ensure that the project would reduce water demand consistent with the claims in the water demand technical memorandum at the time of Building permits.

Therefore, in accordance with Section 17.36.030.E, General Development Plan, of the Foster City Municipal Code, the Planning Commission has recommended approval of the GDP amendments and Rezoning and has made the requisite findings such as consistency with the City’s General Plan and anticipated financial impact of the proposed GDP revision to the City. The Planning Commission determined that the proposed amendment to the GDP was consistent with provisions of the City’s adopted goals and policies within the General Plan and that the uses proposed would not be detrimental to present, among other findings. It is recommended that the City Council approve the proposed amendment to modify the previously approved GDP for the 5.135-acre parcel known as Century Plaza at 1065 East Hillsdale in the C-2/PD (General Business/Planned Development Combining) District to allow for the use of R&D.

The Planning Commission determined that the proposed project is consistent with various General Plan policies in the following manner, as detailed in Table 2 of Attachment 2.

Planning Commission Approved Use Permit (Resolution No. P-24-22) A Use Permit was submitted for the proposed addition of R&D uses to the Century Plaza Towers site. As the applicant did not intend to convert the offices to laboratory before a long-term commitment from a R&D tenant is secured, no site plans were approved as part of this Use Permit. More detailed structural drawings would be provided to the City according to build-to-suit specs of the ultimate tenant user as part of their Building Permit

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1 Tenant Improvement application at a later date, if the applicant chooses to continue with any office to R&D conversion.

Staff has reviewed the potential physical changes that is likely to occur should the conversion take place including supplemental analysis such as Market Feasibility Study, Fiscal Impact Analysis, Transportation Report, Water Demand Study, Transportation Demand Management (TDM), and Parking Demand Study mentioned above. As previously discussed above, based on the findings of the technical reports, the project was approved with COAs that would ensure water demand to be net-zero, future operation to be only of certain level for biosafety purposes, and verification of parking sufficiency with the implementation of TDM.

Full materials for this approval and hearing are available here and the meeting recording is available here.

Environmental Assessment
The California Environmental Quality Act (CEQA), includes a list of classes of project which have been determined not to have a significant effect on the environment, and therefore, are exempt from the provisions of CEQA. The proposed project would potentially allow up to 75% of the existing office use in the building to be R&D. While no physical changes are proposed at this time, it is anticipated that accommodation for mechanical equipment, loading/unloading area, and storage to facilitate the new R&D use would result in minor interior and exterior physical modifications. The project would be subject to all applicable construction related COAs during building permits and other subsequent permits. The project would include improvements to the existing irrigation and landscaping areas and incorporate low water profile species. The required improvements are part of the Use Permit and COAs, ensuring that the project would result in net-zero change in water usage demand at the site. Furthermore, the handling of hazardous materials on and off-site are subject to existing health and safety regulations and the Use Permit COA’s for implementation during Tenant Improvement permits. As the project would result in minor physical changes and negligible or no expansion of existing use, the project would qualify for the CEQA Categorical Exemption 15301 Existing Facilities.

As the project would allow potential R&D use within an already existing building that facilitates office uses without major changes to the physical building, the project qualifies for CEQA Categorical Exemption, Class 1, CEQA Guidelines section 15301 (Existing Facilities). The project involves negligible or no expansion of use as the impacts would not be greater than the existing use on site. Neither the project nor site meet any of the exceptions to the exemptions identified in CEQA Guidelines section 15300.2.

Noticing/Public Outreach
The public was advised of this Public Hearing in the following ways:
•Electronic mailing to the interested parties who expressed interest in receiving project updates – January 19, 2023

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1 •Mailing to property owners who own property within a 500-foot radius – January 20, 2023
•Published 1/4-page ad in the Foster City Islander – January 25, 2023 Foster City website: www.fostercity.org – January 18, 2023 •Public Posting Places – January 18, 2023
Conclusion
Consistent with the General Plan’s Land Use goals and policies, the project would result in a providing the site with the option to maintain a variety of land uses, increase employment population in the future, maintain the same architecture as the existing area, and provide an opportunity for economic development without major environmental impacts. The project is in alignment to the City’s vision for long-term development of the community as outlined in the General Plan and consistency to standards as established in the Municipal Code. Therefore, the proposed amendments to the General Development Plan Development for Century Plaza to allow R&D use to the site would continue to further many goals and policies contained in the Land Use and Circulation Element of the General Plan as outlined in the report and subject Resolutions.

CEQA
Categorical Exemption 15301, Existing Facilities.

FISCAL IMPACT
Approval of the proposed GDP amendment/Rezoning will result in the Use Permit taking effect. While there is no direct fiscal impact from these actions, the proposed project could result in higher revenues to the City’s General Fund through property tax that may be generated from the new R&D uses.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Smart Planning, Development, and the Local Economy
ATTACHMENTS:

Attachment 1 – Ordinance
Attachment 2 – Planning Commission December 15, 2022 Staff Report Attachment 3 – Planning Commission Resolution No. P-23-22 for GDP Rezoning Attachment 4 – Planning Commission Resolution No. P-24-22 for Use Permit Attachment 5 – Applicant Letter of Commitment

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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 5.135-ACRE PARCEL KNOWN AS CENTURY PLAZA LOCATED AT 1065

EAST HILLSDALE BOULEVARD, 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 – APN 094-512-080 - RZ2021-0006

CITY OF FOSTER CITY
WHEREAS, on December 1, 1980, an Ordinance (Ordinance 209) was passed to reclassify the approximately 5.135 – acre parcel located at 1065 East Hillsdale Boulevard to General Business/Planned Development (C-2/PD) District with a General Development Plan to allow development of 115,436 square feet of four-story commercial office use with 392 parking spaces; and
WHEREAS, on June 6, 2022, an Ordinance (Ordinance 649) was passed to allow for approximately 5,200 square feet stand-alone outdoor restaurant/retail pavilion structure with outdoor seating, restrooms, and removal of 27 parking stalls, resulting in approximately 332 parking stalls left on site; and
WHEREAS, Urban Planning Partners, as project applicant, on behalf of property owner DIVCOWEST (DWF IV Century Plaza, LLC) has requested an amendment to allow R&D use within 87,000 square feet of the existing 115,436 square feet of office space from floors one (1) through four (4) at the 5.135-acre parcel located at 1065 East Hillsdale Boulevard (APN 094-512-080) in the Town Center neighborhood; and WHEREAS, on December 5, 2022, the City Council adopted a Resolution No. 2022- 138 to approve a text amendment to the General Plan, Land Use and Circulation Element, “Town Center Commercial” Land Use Category to allow for residential, mixed-use, office, commercial retail, service, and Research and Development for the “Town Center Commercial”; and
WHEREAS, a Notice of Public Hearing was duly posted for consideration of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan for the 5.135-acre parcel known as Century Plaza at 1065 East Hillsdale Boulevard at the Planning Commission meeting on December 15, 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 Foster City Zoning Map has been ensured through duly noticed Planning Commission Study Sessions, public hearings, and other means, including the following:

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8 1.City Council Development Project Preliminary Review Meeting – November 1, 2021 – to introduce the proposed project to the City Council and public and receive feedback prior to initiating the entitlement process.

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

3.Planning Commission Public Hearing – December 15, 2022 – to consider and make recommendations to the City Council regarding the Rezoning/General Development Plan Amendment to modify the previously approved General Development Plan (GDP) for the 5.135-acre parcel known as Century Plaza at 1065 East Hillsdale Boulevard, north of the intersection at East Hillsdale Boulevard and Shell Boulevard, in the C- 2/PD (General Business/Planned Development Combining) District with an amended GDP to allow R&D Uses.

WHEREAS, the Planning Commission is required by state law to hold at least one (1) Public Hearing before recommending adoption of an amendment to the City’s Zoning Map ; and
WHEREAS, during the Public Hearing and in a subsequent letter dated January 5, 2023, the applicant indicated that it was committed to using its best efforts to pay prevailing wages for all labor on the project with preference for local hiring and union contractors when feasible and agreed to adding such language to the conditions of approval for the project; and WHEREAS, pursuant to FCMC section 17.74.060, at the close of the public hearing, or continuation thereof, the Planning Commission is required to make a report of its recommendations regarding the proposed amendment; and
WHEREAS, Planning Commission Resolution No. P-23-22 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.

THE CITY COUNCIL OF THE CITY OF FOSTER CITY DOES FIND AND ORDAIN as follows:

Section 1.The City Council finds 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, has found the Project to be Categorically Exempt from CEQA, under Class 1, CEQA Section 15301 (Existing Facilities). The project allows 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 (EA2021-0005).

Section 2. 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

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8 to the general health, welfare and safety of the City of Foster City because:

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 uses, 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; d.Conversion of office to R&D would not substantively generate more solid

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8 waste than the existing use on site and will not substantially shorten the life of the landfill;
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 conditions of approval 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.Consistent with Section 17.36.060 of the Municipal Code, a parking reduction for a total of 327 parking spaces on site is adequate with the implementation of the Transportation Demand Management (TDM). Any future R&D use may result in the loss of five (5) parking spaces. A parking demand study was completed and based on the Municipal Code Chapter 17.62, if a full conversion of up to 87,000 SF of office to R&D occurs with the approved (unbuilt) retail pavilion, the site would require 470 parking spaces. The project proposed to have 327 parking spaces with the additional five (5) parking space reduction, for a total of about 30% parking reduction request compared to the required 470. Furthermore, a Parking Demand Analysis was completed and determined that with all components of the project (built, approved but unbuilt, and currently proposed), the actual parking demand on site would be about 305 compared, much less than the existing 359 spaces that is physically on site and less than the 327 proposed.

Nevertheless, consistent with Section 17.62.060(D)(3), the project shall implement a Transportation Demand Management (TDM) as part of any subsequent project that would further reduce parking supply on site. Therefore, 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.

F. Applicant shall commit to paying prevailing wages for all construction services set by the State of California Department of Industrial Relations with a hiring preference towards subcontractors located in Foster City and San Mateo County and the Applicant shall use its best contracting efforts to use subcontractors who are signatories to union agreements with affiliates of the Building and Construction Trades Council of San Mateo County, including but not limited to, ensuring all applicable trades, including carpentry, receive multiple notices related to contracting opportunities as outlined in their letter of commitment dated January 5, 2023 and attached as Exhibit A-1.

Section 3. The City of Foster City Zoning Map is hereby amended to modify the previously approved General Development Plan on the 5.135-acre parcel known as Century Plaza at 1065 East Hilldale Boulevard (APN 094-512-080), north of the intersection at East Hillsdale Boulevard and Shell Boulevard in the C-2/PD (General Business/Planned

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8 Development Combining) District with an amended General Development Plan to allow up to 87,000 square feet (SF) of Research and Development (R&D) and/or office uses on floors one (1) through four (4) at the Century Plaza with the proposed amended General Development Plan as shown on Exhibits A and B of this Resolution, attached hereto and incorporated herein.

Section 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council 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 5. Taking Effect. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 6. 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.

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8 This Ordinance was introduced and read on the 6th day of February, 2023, and passed and adopted on the day of_ , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:
___________________________

PRISCILLA SCHAUS, CITY CLERK

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8 EXHIBIT A
AMENDED GENERAL DEVELOPMENT PLAN FOR 1065 EAST HILLSDALE

BOULEVARD
The C-2/PD (General Business/Planned Development) zoning of the 5.135-acre parcel at the northwest corner of Foster City Boulevard and 1065 East Hillsdale Boulevard (APN 094-512-080) is herewith limited and specified to allow development of 115,436 sq. ft. (gross floor area) of four-story commercial office use, with the option of up to approximately 87,000 sq.ft. of the 115,436 sq. ft. (gross floor area) to be Research and Development (R&D), and/or office uses on floors one (1) through four (4) at the Century Plaza with 5,200 sq. ft. (gross floor area) of single-story restaurant/retail tenant spaces with 327 parking spaces all in accordance with the plans on file in the Planning Division of the Community Development Department.

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8 EXHIBIT B
General Development Plan Graphic for the 5.135-acre parcel at 1065 East Hillsdale Boulevard

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DATE: DECEMBER 15, 2022 STAFF REPORT AGENDA ITEM NO. 6.1

TO: FOSTER CITY PLANNING COMMISSION

PREPARED BY: THAI-CHAU LE, PLANNING MANAGER

CASE NO.: EA2021-0005; RZ2021-0006 AND UP2021-0043

OWNER: DWF IV CENTURY PLAZA, LLC

PROJECT LOCATION: 1065 EAST HILLSDALE BOULEVARD – TOWN CENTER

NEIGHBORHOOD

REQUESTED ACTION/PURPOSE

The purpose of this Public Hearing is for the Planning Commission to review three (3) applications at the Century Plaza development located at 1065 E. Hillsdale Boulevard as listed below.

Staff recommends that the Planning Commission:

1. Approve the Class 1 Categorical Exemption (CEQA Section 15301- Existing Facilities) related to the addition of Research and Development (R&D) uses at Century Plaza Office building pursuant of the California Environmental Quality Act – EA2021-0005

2. Recommend to City Council approval of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan (GDP) for the 5.135- acre parcel known as 1065 East Hillsdale Boulevard at the northwest corner of Foster City Boulevard and East Hillsdale Boulevard in the C -2/PD (General Business/Planned Development Combining) District with an amended GDP to allow R&D Uses – Attachment 1 – RZ2021-0006

3. Approve a Specific Development Plan/Use Permit Modification to allow up to approximately 87,000 square feet (SF) of Research and Development (R&D) and/or office uses on floors one (1) through four (4) at the existing building, subject to Conditions Of Approval, located at 1065 East Hillsdale Boulevard as well as modification to the parking area to r emove five additional parking spaces, resulting in 327 parking spaces – Attachment 2 – UP2021-0043

GENERAL INFORMATION

GENERAL PLAN DESIGNATION: Town Center

ZONING DISTRICT: C-2/PD (General Business District /Planned Development Combining) with a General Development Plan

ZONING HISTORY On October 16, 1980, a Planning Commission Resolution (P-133-80) was approved, granting entitlement of a Use
Permit (UP -13-80) for construction of a 115,436 square -

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foot, four-story commercial office building and 392 parking spaces.

On December 1, 1980, an Ordinance (Ordinance 209) was
passed to reclassify the approximately 5.135 – acre land located at 1065 E. Hillsdale Boulevard to General
Business/Planned Development (C -2/PD) District with a
General Development Plan.

On April 16, 1981, a Use Permit Modification to UP -13-80 was approved, allowing conversion of 8,000 square feet of the building from commercial office space to bank use
featuring two (2) drive- up teller windows (Resolution P- 37- 81). Successive entitlements permitted reduction of the on- site parking capacity, and modifications to the parking area (UP-80-013N), including 359 parking spaces.

On May 5 , 2022, a Use Permit ( UP2021-0015) was
approved, allowing an approximately 5,200 square- foot
stand-alone outdoor restaurant/retail pavilion structure as an ancillary amenity to the existing Century Plaza office use, (Resolution P-09-22).

On June 6, 2022, the City Council approved an amendment to the General Development Plan (GDP) and Zoning Map to effectuate the Use Permit UP2021-0015 which went into
effect June 20, 2022 (Ordinance No. 649).

SURROUNDING LAND USE: North: Foster City Blvd./1010 Metro Center Blvd./McDonald’s Restaurant (CM/PD)/Valero Gas Station (C-A)/IHOP
Restaurant (CM/PD)/ Family Dental (C-1)
South: E. Hillsdale Blvd./City Hall (PF)/San Mateo
Consolidated Fire Department Station (PF)/
Police Station (PF)/Parkside Towers (C-2/PD)
East: Foster City Blvd./E. Hillsdale Blvd./ Family Dental (C-1) /Chevron Gas Station (C-A)/The
Admiralty Condominiums (R-3)/City Hall (PF)
West: 1010 Metro Center Blvd (C-2/PD)/Foster City
KinderCare (C-2/PD)/Courtyard by Marriott (C-
2/PD)/ Parkside Towers (C-2/PD)

LOT SIZE: 5.135 Acres

NOTICING/PUBLIC OUTREACH

The public was advised of this Hearing in the following ways:
• Published 1/4-page ad in the Foster City Islander – November 30, 2022 • Electronic mailing to the project applicants, owners and persons who expressed interest in receiving project updates – November 21, 2022
• Mailing to property owners who own property within a 500-foot radius – December 2, 2022

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• Foster City website: www.fostercity.org – November 21, 2022 • Foster City TV Channel 27 – December 1, 2022 through December 15, 2022 • Electronic Marquee Sign in Leo Ryan Park – December 1, 2022 through December 15, 2022
• Posting at all Public Posting Places – November 22, 2022

BACKGROUND

PROJECT LOCATION AND DESCRIPTION

The subject 5.135- acre lot is situated at the southwest corner of Foster City Boulevard and E.

Hillsdale Boulevard and currently features a four (4)-story office building of approximately 115,436 square feet (SF), surrounded by approximately 359 surface parking spaces and perimeter landscaping. As noted above, a 5,200 square-foot pavilion was recently approved at the southern corner of the site, resulting in a total of 332 parking spaces remaining on site. This part of the project was entitled, but not built. The project location and a perspective view of the subject site are included below in Figure 1 and Figure 2, respectively.

Figure 1. Location Map of subject site and its surroundings. [Source: Google Maps]

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Figure 2. Rendering of Approved Pavilion Project in Context with Subject Site. [Source: Pavilion Project Plans, dated February 23, 2021]
Century Plaza is currently operating as an office use with 8,000 SF on the ground floor for the commercial bank. Most of the remaining tenants are on short-term leases by request. Based on information from the applicant, a typical office space in Foster City is about $5.74 per square foot (full service) compared to the project site’s current rate of $5.25 per square foot.

Furthermore, the applicant has expressed that current efforts to attract and retain tenants include offering discounts utilizing free rent and other concessions. The applicant has also completed improvements in 2016 and 2017 including improvements to all the hardscape and softscape on the front side of the building approaching the main entrance such as new awning, drive lane, seating areas, and landscaping.

Although several office tenants are currently operating at Century Plaza, there is still a high vacancy rate of approximately 43% as of mid-November 2022. The property owner is requesting to allow R&D use to provide the flexibility to lease the space to either office and/or R&D tenants.

ENTITLEMENT HISTORY

On October 16, 1980, a Planning Commission Resolution (P -133-80) was approved, granting entitlement of a Use Permit (UP -13-80) for construction of a 115,436 square- foot, four -story commercial office building and 392 parking spaces.

On December 1, 1980, an Ordinance (Ordinance 209) was adopted to reclassify the approximately 5.135- acre land located at 1065 E. Hillsdale Boulevard to General Business/Planned Development (C -2/PD) District with a General Development Plan. The following year on April 16, 1981, a Use Permit Modification to UP-13-80 was approved, allowing conversion of 8,000 SF of the building from commercial office space to bank use featuring two (2) drive-up teller windows (Resolution P-37-81). Successive entitlements permitted reduction of the on-site parking capacity (UP -80-013N) resulting in a current supply of 359 parking spaces.

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Therefore, the existing building currently has a 93%-7% office-bank split use, both are considered commercial uses.

More recently, on May 5, 2022, a Use Permit (UP2021- 0015) was approved to allow an approximately 5,200 square-foot stand-alone outdoor pavilion structure featuring restaurant/retail tenant spaces, outdoor seating, and restrooms, primarily as an ancillary amenity to the existing Century Plaza office use, as well as a modification to the parking area removing 27 parking spaces, resulting in approximately 332 parking spaces (Resolution P-09-22). On June 6, 2022, the City Council approved the associated amendment to the General Development P lan (GDP) and Zoning Map to effectuate the Use Permit which went into effect June 20, 2022 (Ordinance No. 649). This proposed project does not change the use to the building itself.

PROPOSED PROJECT
The proposed project would allow for the flexibility to convert up to approximately 87,000 SF (75%) for laboratory use from first through fourth floor, maintaining at least 26,910 SF (25%) of office use and bank use (“project”). If the proposal is approved, it would enable the owners to coordinate the conversion of offices to laboratories with the natural lease expiration of the tenant leases occupying those offices. Depending upon the vacancy at the time of the conversion, the owners may consolidate office tenants who may want to remain on site into one floor and convert the rest of the space, or a combination of other options.

While the property owner does not intend to speculatively convert areas from office to R&D (both interior or exterior) before a long-term commitment from a R&D tenant is secured, it is anticipated that two (2) equipment yards may be required along the northwest of the building and an expanded rooftop HVAC area may be required for future R&D operations. The project is proposing lab space that would only limit operation at a Bio Safety Level-2 (BSL-2) or below. More detailed structural drawings would be provided to the City according to build- to-suit specs of the ultimate tenant user as part of their Building Permit Tenant Improvement application at a later date, if the applicant chooses to continue with any R&D conversion.

However, once a tenant is secured, then any necessary building permits for Tenant Improvements (TIs) will be submitted to the City and will be subject to additional reviews. Conceptual plans and proposals will be reviewed by the various City departments and Condition of Approvals (COAs) will be imposed as part of the Use Permit. The owner’s narrative for this use change proposal is available in Attachment 4 and Attachment 5.

PROJECT TIMELINE
On March 11, 2021, a Preliminary Review Application (PR2021 -0002) was submitted by Urban Planning Partners, Inc. (the applicant’s representative), requesting that the City allow up to approximately 87,000 SF of Research & Development (R&D) use at the existing 115,436 SF office building at Century Plaza located at 1065 East Hillsdale Boulevard. On September 14, 2021, the Planning and Building Division met with the applicant to discuss the feasibility of converting office floors into R&D use and comments were provided to the applicant on October 7, 2021 (Attachment 6). Formal project applications such as the Environmental Assessment, GDP Amendment/Rezoning, Use Permit, and General Plan Amendment (GPA) were submitted in December 9, 2021. Meeting materials and other supplemental information can also be accessed online by clicking on the project webpage.
• November 1, 2021, City Council Development Project Preliminary Review Meeting:

The purpose of this meeting was to introduce the proposed project to the City Council and public and receive feedback prior to initiating the entitlement process. At this meeting, staff

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raised issues such as compatibility with the existing retail, potential physical floor changes depending on the type of lab uses in the future, water supply, transportation circulation, parking and hazardous uses. Staff requested feedback on the acceptability of the proposal, fiscal impacts from change in office to R&D, net zero water demand, and other issues. The meeting materials are available on the website here .
o Outcome: T he Council made comments and raised questions including the following: the pandemic has changed the way we work and decreased office occupancy; R&D is a fit for this site; interested in a traffic study even though they understand the number of employees decreases with R&D use; supportive of ways to reduce water demand; request ed ways to reduce energy demand; request ed information on construction required and timing; concern for displacement of existing office tenants; will parking supply meet demand; and, how might this project impact Foster City housing needs. No formal action was taken at that meeting.
• October 20, 2022, Planning Commission Study Session: The purpose of this meeting was to introduce the proposed project and seek the Planning Commission’s direction regarding the general acceptability of a change of use from office to R&D at Century Plaza and any additional studies necessary for the Planning Commission to take actions on the project. The meeting materials are available on the website here .
o Outcome: Most commissioners expressed that the flexibility in use is appropriate, but had questions about certain analysis and requested more information for the future Public Hearing. The primary concerns and comments raised were around tighter definition of R&D, community benefits, concentration of R&D use within the City, and cost to the City. Furthermore, many commissioners expressed that the technical reports should be updated to ensure the use comparable data and analysis of similar projects in the area account for existing environment and recent employment trends. Information for job-housing balance was also raised and one Commissioner highly encouraged the retention of the on -site ATM and asked for assurance of the planned retail pavilion project built-out.

ANALYSIS

In support of the proposed change in use from existing office to R&D, the applicant provided the following studies and analyses:
• Life Science Market Feasibility Study dated August 31, 2021, including research pertaining to the property and market conditions in the San Francisco Peninsula; • Fiscal Impact Analysis updated November 10, 2022, which summarized the direct economic benefits of the project to the City;
• Water Capacity Investigation, updated November 18, 2022, including a water use analysis; and
• Parking Analysis, July 28, 2022, including potential parking demand associated with the conversion of 87,000 SF of existing office space to R&D use; • Transportation Demand Management (TDM), dated July 28, 2022, including proposal for methods to reduce trips; and
• Transportation Analysis (with Vehicle Miles Travelled analysis), dated November 14, 2022.

ENVIRONMENTAL ASSESSMENT (File No. EA2021-0005)

The California Environmental Quality Act (CEQA), includes a list of classes of project which have been determined not to have a significant effect on the environment, and therefore, are exempt

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from the provisions of CEQA. The proposed project would potentially allow up to 75% of the existing office use in the building to be R&D. While no physical changes are proposed at this time, it is anticipated that accommodation for mechanical equipment, loading/unloading area, and storage to facilitate the new R&D use would result in minor interior and exterior physical modifications. The project would be subject to all applicable construction related COAs during building permits and other subsequent permits. The project would include improvements to the existing irrigation and landscaping areas and incorporate low water profile species. The required improvements are part of the Use Permit and COAs, ensuring that the project would result in net- zero change in water usage demand at the site. Furthermore, the handling of hazardous materials on and off-site are subject to existing health and safety regulations and the Use Permit COA’s for implementation during Tenant Improvement permits.

Staff Comments/Recommendation: As the project would allow potential R&D use within an already existing building that facilitates office uses without major changes to the physical building, the project qualifies for CEQA Categorical Exemption, Class 1, CEQA Guidelines section 15301 (Existing Facilities). The project involves negligible or no expansion of use as the impacts would not be greater than the existing use on site. Neither the project nor site meet any of the exceptions to the exemptions identified in CEQA Guidelines section 15300.2. Should the project be entitled, a Notice of Exemption (NOE), describing the City’s determination of the project as categorically exempt under CEQA, will subsequently be prepared and filed.

GENERAL PLAN LAND USE CONSISTENCY

The General Plan [ link
] constitutes the long- range document guiding the vision for future development of Foster City. It is a living document that reflect the City’s needs and desires, which evolve over time.

The General Plan Land Use Category for the subject site is “Town Center Commercial.” The area encompassing the Town Center Commercial neighborhood has evolved over time to allow a mix of office, residential, senior housing and other commercial retail and service uses. On December 5, 2022, the City Council approved a Resolution No. 2022-138 to amend the “Town Center Commercial” Land Use Category to allow for R&D. The revised language approved for the Town Center Commercial reads as follows:
“Town Center Commercial. This designation is reserved for the area located northwest of East Hillsdale Boulevard, bounded by Foster City Boulevard to the north and State Route 92 to the west. The area includes a 100-acre development known as Metro Center, in addition to Parkside Towers and other office developments. The Town Center area is intended to serve as Foster City’s downtown core and allows for a mix of uses, including residential, commercial office, retail, service and compatible Research and Development (R&D). R&D uses are considered compatible with this designation if project design (i.e., site planning, architecture, and landscape architecture) is consistent with nearby uses and functional or operational characteristics of a hazardous or nuisance nature can be mitigated or reduced to an acceptable level through design control. Generally, R&D covers facilities for industrial, scientific, or technological research, product design, prototype production, development, and testing. The highest intensity uses in the City would be allowed, with Floor Area Ratios (FAR) for office/R&D developments ranging from .55 to

2.0 FAR. Town Center office developments located outside Metro Center, have lower FARs which range from 0.18 to 1.5 FAR. Residential developments range from Cityhomes townhouses at 15 units per acre to Metro Senior Apartments at 60 units per acre.”

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Staff Comments/Recommendation: The site is immediately adjacent to mostly commercial offices, services, and retails. Most recently, the southern site known as Parkside Towers located at 1001 E. Hillsdale Blvd was approved for a Use Permit for potential future conversion of the office use to R&D. The allowable R&D of this site would be consistent wi th the General Plan, as recently amended by the City Council through Resolution No. 2022-138. Furthermore, the project would also be consistent with the recently approved Use Permit at Parkside Towers, also keeping to a maximum level of BSL-2 level of use. Furthermore, the project would be subject to all COAs during operations. For the reasons mentioned above and in Table 2 below, the project is deemed consistent with the General Plan Land Use Category.

REZONING/GENERAL DEVELOPMENT PLAN AMENDMENT (File No. RZ2021-0006)

The zoning designation of the subject site is C -2/PD (General Business District/Planned Development Combining District). The C -2 District is regulated by Chapter 17.26 of the Foster City Municipal Code. Permitted uses in the C-2 District include uses permitted in the neighborhood commercial C- 1 Districts and other commercial type of uses such as retail, service establishments, hotels, motels, restaurants, bars etc. Conditional uses in the C-2 District include public service buildings, utility buildings, churches, schools, etc. The PD District is regulated by Chapter 17.36 of the Foster City Municipal Code and is intended to accommodate a range of development types while offering flexibility by allowing tailoring of City Standards to specific uses (Section 17.36.010, Foster City Municipal Code).

The current zoning designation for the site was established by a GDP in 1980 and revised in 2022. The GDP originally approved in April 1980 (Ordinance 209) approved an amendment to change the zoning from a C-2/PD (General Business/Planned Development) district to a C-2/PD with a GDP and limited the development to one four-story commercial office building on a 5.135- acre site. In June 2022, the GDP was amended (Ordinance No. 649) to include in a 5,200 SF of single-story restaurant/retail tenant space and reduced the parking to the allowable 332 with the implementation of a Transportation Demand Management (TDM).

The City’s inventory of entitled and not yet built commercial projects are approximately 1.3 million SF of R&D , 800,000 SF of office , and 83,000 SF of commercial hotel. Some current project entitlements have the flexibility to choose between office and/or R&D. If assumed remaining entitlement is to be built out as R&D, the City would have approximately 2. 8 million SF of R&D (excluding approximately 1.0 million SF of warehouse space) without the implementation of this project. The breakdown is provided in Table 1 below.

Table 1. Pending Commercial Project in City of Foster City Projects Maximum Entitlement Breakdowns
Chess-Hatch 800,000 SF of office or R&D
• 605,000 SF was entitled for office with a Use Permit
• Remaining 195,000 SF can be office or R&D

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Gilead 2,500,600 SF
• 1,274,000 SF entitled for specifically office, 664,029 SF built*
• 1,226,000 SF entitled for specifically R&D and
storage/warehouse space, 1,091,321 SF built
o Currently under review for another 250,000 SF
reallocation of office to R&D space
Total left for office is 609,971 SF and R&D 134,679 SF
388 Vintage 124,395 SF of R&D and fully unbuilt.

Hotel 83,187 SF of hotel with 151 guest rooms and fully unbuilt.

Illumina 595,000 SF of R&D.
• 235,000 SF unbuilt but under building permit review
Parkside Towers • Conversion of up to 373,646 of SF to R&D. *Note: This is likely to change due to a recent GDP request currently under review.

Table 2 below lists the goals and policies contained in the Land Use and Circulation Element of the City’s General Plan that are relevant to the proposed project:

Table 2. Relevant Goals and Polices – General Plan Land Use and Circulation Element Goal or
Policy
No.

Provision Text of Provision Analysis
LUC-B
(Goal)
Promote Proper Site
Planning,
Architectural Design
and Property
Maintenance
Ensure high quality site
planning and architectural
design for all new
development, renovation or
remodeling and require
property maintenance to
maintain the long- term
health, safety, appearance
and welfare of the
community.

The currently proposed GDP
Amendment would not, by
itself, result in a physical
change to the existing
building. Approval of the
GDP would facilitate the
implementation of the
subsequent Use Permit for
the conversion of use to the
building. As previously
mentioned, the anticipated
changes to the future
conversion of space would
likely result in more interior
changes with minor exterior
modifications. More detailed
structural drawings would be
provided to the City as part
of the subsequent Building
Permit Tenant Improvement
application at a later date
once a tenant has been
identified. Furthermore, any
tenant improvements to the
site would be subject to all
COAs in the Use Permit to
ensure any exterior changes

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would be consistent with the
City’s architectural
guidelines and other City
codes.

LUC-C
(Goal)
Maintain a Variety of
Land Uses
Maintain land designated for
a variety of residential,
commercial, light industrial,
recreational, and public
institutional purposes which:
(1) provide a mix of housing
types, densities and tenure;
(2) ensure that a variety of
commercial and industrial
goods, services and
employment opportunities
are available in Foster City;
(3) offer a range of
recreational and public
facilities to meet the needs
Foster City’s residents; and
(4) maintain availability of
commercial and retail
services.

The GDP Amendment and
Use Permit would provide
for a flexibility mechanism to
maintain the existing office
space, full conversion of
office to R&D, or partial
conversion of office to R&D.

The proposed project would
not take away the recently
approved restaurant/retail
pavilion or the ATM and the
conversion is limited to the
existing office space only.

Therefore, the project would
add a potential marketable
and viable use with minimal
physical changes to the
building and minimize
vacancies at the subject site.

LUC-C-
12 (Policy)
Density and Intensity
of Uses.

Allow and encourage
change that responds to the
current and potential market
and employment needs of
businesses and that result
in greater density and
intensity of land uses and
broad array of land uses
including multi-family
housing, commercial, retail,
office, biotechnology and
light industrial uses, and
compatible uses, but
prohibiting uses that would
be incompatible with any of
these uses, such as low-
density housing, schools,
day care and other uses
serving primarily children.

LUC-D
(Goal)
Assure Safe
Commercial and
Industrial Uses
Ensure that commercial and
industrial uses are safe and
strictly control any industrial
by-products, odors or
emissions which may
adversely affect the health
or safety of Foster City
residents or workers and the
overall environment in
The project would be subject
to COAs in the Use Permit
and GDP Amendment for
implementation at the
Building Permit stage to
ensure health and safety
standards are met. It should
be noted that the COAs
require identification of

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Foster City, as provided in
Chapter 17.68, General
Performance Standards of
the Foster City Municipal
Code.
future tenant(s) and require
verification of safety
protocols once operation is
known (COA No. 2.15 and

3.1).

LUC-D-
1 (Policy)
Meeting Commercial
and Industrial Land
Use Needs

Provide enough land for
commercial and industrial
uses to allow for the
retention and development
of commercial
establishments that provide
basic goods and services to
Foster City residents.

The intent of the project is to
fill vacancies at the existing
office building with the
option to fully convert the
office area into R&D space.

With the minimization of
vacancy rates, the new
tenants would be able to
further support a viable
outdoor restaurant/retail
pavilion use, encouraging
the retention of the space
and provide for more
vibrancy to the area.

LUC-D-
2 (Policy)
Mixed Use
Developments
Allow and encourage
vertically and horizontally
mixed-use developments
that maximize the use of
land, organize land uses
and pedestrian/vehicular
circulation in a safe, logical,
and functional manner and
establish a safe, logical, and
functional design
relationship with adjacent
land uses.

LUC-D-
10 Health and Safety
Performance
Standards for
Industrial and
Commercial
Activities.

Industrial and commercial
activities shall conform to
the City’s performance
standards for noise, odor,
vibration, glare,
smoke, and waste. New or
modified industrial or
commercial developments
shall be required to provide
information on noise, odors,
wastes, by-products, and
the storage and handling of
hazardous materials to the
City prior to the issuance
of a Certificate of
Occupancy.

The GDP amendment, on its
own, does not result in
changes to other required
health and safety standards
requirements for operations
at the site. Tenant
improvements will be
required to facilitate the
future R&D use. The Use
Permit contains previously
approved COAs and
includes additional COAs
that would ensure
compliance with building, fire
codes etc. during project
construction and operations.

It is important to note that
the Use Permit also contains
COAs limiting the maximum
use at the site to be
equivalent to a BSL-2 (COA
No. 2.15 and 3.1) and would
require operational plan with
information pertaining to
safety protocols and
compliance with regulations.

LUC-D-
11 Businesses Using
Hazardous Materials
All industrial businesses
handling hazardous
materials shall be required
to submit a plan complying
with the San Mateo County
Hazardous Materials Plan.

Such plan shall provide
information regarding the
storage, handling,

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transportation, and clean-up
of these materials.

LUC-F Maintain Acceptable
Operating
Conditions on the
City's Road Network
Maintain acceptable
operating conditions on the
City's road network at or
above LOS D, or equivalent
measurement, and
encourage the maximum
effective use of public and
private vehicles, reduce the
growth in peak hour traffic
volumes and reduce single
passenger trips.

Level of Service (LOS) was
previously used to evaluate
transportation impacts.

However, the Transportation
Analysis (
Attachment 12)
looks at trips for operation
and concluded that R&D
would have lower trips than
office use. Therefore, it
would not add substantively
to the LOS operation of the
transportation network.

Currently, the California
Senate Bill 743 (SB 743)
requires California
Environmental Quality Act
(CEQA) assessment of a
project’s impact on vehicle
miles traveled (VMT) in
relation to state greenhouse
gas (GHG) reduction
planning goals, multimodal
transportation, and land use
diversity. Under CEQA and
as discussed in VMT
Analysis, the change from
office to R&D use is
expected to reduce the total
VMT, resulting in less-than-
significant impact under
CEQA. Furthermore, as
discussed further in this staff
report, the R&D use would
result in fewer trip
generation than an office
use. With the change in land
use, the site would not
create any significant traffic
impact.

LUC-F-
2 Traffic Reduction
Programs.

The City will work with
existing employers and
developers of new non-
residential
development to participate
in traffic reduction
programs.

The site does have a direct
shuttle f rom the property to
public transportation station
such as Caltrain.

LUC-G
(Goal)
Provide Adequate
Parking
Ensure that adequate off-
street parking is
The site currently has a total
of 359 parking spaces. The

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incorporated into new
projects and designed for
safe and effective
circulation.
site was approved for a retail
pavilion and a reduction of
parking to 332 spaces. With
the conversion of
approximately 87,000 SF of
the office space to R&D, the
project would only require
470 parking space, resulting
in the project having fewer
space than required by the
Municipal Code. However,
as previously mentioned, the
project was recently granted
a parking reduction with
another Use Permit in May
2022, resulting in that
allowable 332 space with a
required Transportation
Demand Management
(TDM).

This current proposal would
result in the removal of an
additional five space,
totaling to a supply of 327
space. A Parking Demand
Analysis was completed for
the project and concluded a
project of this scope would
demand for only 305 parking
space rather than the 327.

The project incorporates a
TDM for the continued
parking reduction request.

With the implementation of
the TDM and based on the
Parking Demand Analysis,
the project would provide
adequate parking on site.

LUC-I
(Goal)
Provide for
Economic
Development
Provide for economic
development which: (1)
maintains the City's ability to
finance City services and
construction and
maintenance of public
improvements; (2) offers
local employment
opportunities for Foster City
residents so that intercity
commuting can be reduced;
(3) assures the availability
The need for expansion of
flexibility of uses on the site
and the potential for the
conversion of is due to on-
going vacancies at the
existing office building and
changes in the market
conditions. The project
would add R&D as an
allowable use to the site to
improve occupancy rates.

Any physical improvements

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and diversity of resident-
serving goods and services;
and (4) allows for
specialized commercial
uses, such as automobile
service stations, water-
oriented commercial uses,
and day care facilities.
to the site would be subject
to Tenant Improvement (TI)
permit and associated
permits.

Staff Comments/Recommendation: The pro posed GDP amendment for Century Plaza would allow for office uses to continue to operate as the allowed use or give the applicant the option to convert square footage to accommodate for R&D development. With the approval of the GDP amendment, the site would likewise facilitate a change to the development intensity, foster development predicted by the submitted market feasibility analysis, and continue to be consistent with General Plan’s land use goals for economic development of the City. Staff supports the proposed amendment to the existing GDP and recommends the Planning Commission to approve a recommendation to City Council to modify the previously approved GDP for the 5. 135-acre parcel known as Century Plaza at 1065 East Hillsdale Boulevard in the C -2/PD (General Business/Planned Development Combining) District with an amended GDP to allow for the use of R&D.

SPECIFIC DEVELOPMENT PLAN/USE PERMIT (File No. UP2021-0043)

The applicant is requesting Planning Commission approval of a Specific Development Plan/Use Permit to allow up to approximately 87,000 SF of R&D and/or office uses on floors one (1) through four (4) at Century Plaza. While there are no construction or site plans at this time, the future conversion of one use to another is anticipated to only result in interior modifications with potential exterior modification for a new loading/unloading area and generator on the ground floor.

In addition to the findings for the GDP above, staff has reviewed the following items for consideration of the Use Permit request:

Water Demand
In July 2021, Foster City adopted Urban Water Management Plan (UWMP) 2020 and Water Contingency Plan (available here
). The document states that in December 2018, the State Water Resources Control Board (SWRCB) adopted amendments to the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay-Delta Plan Amendment) to establish water quality objectives to maintain the health of the Bay -Delta ecosystem. If the Bay- Delta Plan Amendment is implemented, SFPUC will be able to meet the projected water demands presented in this UWMP in normal years, but would experience supply shortages in single dry years or multiple dry years. Implementation of the Bay-Delta Plan Amendment will require rationing in all single dry years and multiple dry years.

As a wholesale customer of SFPUC, Foster City purchases 100% of its potable water supply from San Francisco Regional Water System (RWS). On page 241 of the document under Table C:Scenario 1: With Bay -Delta Plan, SFPUC water reliability projections to BAWSCA for years through 2020 through 2045 (single and multiple dry years) with implementing the Bay-Delta Plan shows a cutback of up to 49.0%.

A technical memorandum was provided by Maddus Water Management Inc., updated November 18, 2022, to evaluate the water capacity and demand of the current and new operation

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(Attachment 7). The existing office building currently operates at 6.8 acre-feet per year in water demand, including irrigation. The site currently has approximately 25,000 SF of landscaping and turf on the 5- acre site. The landscaping and plant palette at the site has some high- water use plants. The analysis shows that the conversion of 75% of office to R&D with the remaining square footage to remain as office would result in similar water demand as a full 115,436 SF office with high irrigation water usage. In response to the Commission's comment raised at the Study Session on October 20, 2022 regarding the need to use comparable data for water usage, t he technical memorandum uses estimation of other R&D developments as there are no historic use of the same type at the project site. The report uses data from only one building within the Gilead Campus as an estimate and potential similar use. This data is the best information available and would be a comparable assumption of water use as it is only for one building versus the full campus use. Nevertheless, this would be a conversative assumption of water impacts.

The project is also proposing minor modifications to the exterior landscaping at the project site to update the existing irrigation and landscape profile to further reduce water demand on site, bringing the water use to net-zero. While the areas of improvements are yet to be fully identified, the project is subject to COAs (such as COAs No. 2.9 and 2.10) that would require verification of existing and proposed landscaping with its water use profile to ensure that the project would reduce water demand consistent with the claims in the water demand technical memorandum at the time of Building permits.

Staff Comments/Recommendation: The proposed project would not result in a new increase of water use at the site as compared to the allowable office building. Additional COAs have been added to ensure the water use would remain at a net-zero increase. For these reasons mentioned above, staff recommends Planning Commission to approve the Use Permit to allow up to approximately 87,000 SF of R&D and/or office uses on floor s one (1) through four (4) at the existing Century Plaza building at 1065 East Hillsdale Boulevard.

Market Feasibility Analysis and Fiscal Impact Analysis

The applicant engaged with Eastdil Secured to conduct a Life Science market feasibility study.

The study, dated August 31, 2021, includes research pertaining to the property and market conditions in the San Francisco Peninsula. A more updated study and supplemental memorandum was completed for the neighboring site, Parkside Towers, and is available here .

The studies concluded that, “while the Peninsula life science market has thrived, the Peninsula office market has seen its share of challenges,” and has experienced a steady increase in vacancy rate. However, the Peninsula’s life science market, has seen rapid rent increase and low single digit vacancy rate. The study examined the Century Plaza physical attributes to accommodate an R&D use such as the need for a certain size floor plate, height, additional equipment, and access (Table 3).

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Table 3. Physical & Locational Attributes Life Science Required for Life Science

Source: Life Science Feasibility Study, Eastdil Secured, August 31, 2021

The study also concluded that , “given its location within the Peninsula life science cluster, proximity to global life science firms such as Gilead and Illumina, access to venture capitalists and research grants, and convenience to world’s premier research talent, is uniquely positioned to be a primary beneficiary from positive macro trends in life science real estate and capital markets.”

The project site would require Tenant Improvements (TIs) to reinforce certain areas for additional equipment within the building. The project currently does not have a tenant and the specifics of the physical improvements and changes are unknown at this time. Once a tenant is secured, then any necessary building permits for TIs will be submitted to the City and will be subject to additional review. Conceptual plans and proposal have been reviewed by the various City departments and project-specific COAs are incorporated into the Use Permit.

The applicant engaged with Brion Economics Inc, to prepare a Draft Fiscal Impact Analysis (FIA), dated December 30, 2021, to estimate the effects that the project will have on City revenues and service costs. In response to the Commission's comments raised at the Study Session on October 20, 2022 regarding the need to update this report to address the current employment trends, the report was updated in November 10, 2022 (Attachment 9). The report concludes the following:

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• Existing Development: Total City revenues are $218,100 per year; total city expenses are $157,500; therefore, the fiscal balance is $60,600.
• Project: Total City revenues are $265,600 per year; total city expenses are $111,200; therefore, the fiscal balance is $154,400 or an increase of $93,800 over Existing Development.
• Net Change: Net revenues are 58% of the total revenues for the Project compared to 28% for the Existing Development.
• Fiscal Benefit over 10 Years: Existing development is $633,700; Project is $1.67M; therefore, the net difference is about $1.04M in additional revenue to the City.

The FIA concluded that the project would generate more net revenue for the City than the existing development through increased property tax revenues as well as other taxing agencies. The analysis relies in part on an average cost and average revenue approach, based on the City’s current costs and revenues per member of the current service population. The project performs better than the existing uses in this regard, due to the reassessment of property values, which affects property taxes revenue generation. The report identified that the proposed project could result in a positive net impact to the City’s General Fund with approximately $1.04 million per year in net revenue, most would be from the property tax and property tax in lieu of vehicle license fees. This represents a net increase in annual City General Fund revenues when compared to the existing project and is achieved through property tax revenues as well as other taxing agencies.

In response to the Commission's comment s raised at the Study Session on October 20, 2022 regarding costs to the City’s infrastructure, o n a citywide level, the City has recently approved Development Impact Fees (DIFs) that would require developers to pay their fair share of impact fees in order to proactively address development impacts on the City’s aging infrastructure. These fees were adopted by the City Council on June 20, 2022. Any new or major project that impacts the City’s infrastructure, such as streets, water, sewer, parks, public safety and other facilities, etc. will be required to pay their fair share, a one-time DIF during the building permit stage. More information on DIFs can be found here
. At this time, no such upgrades/improvements have been identified. However, the proposed project would be required to pay for those infrastructure improvements that their project is expected to impact during subsequent permits such as Building permits should upgrades be required.

Staff Comments/Recommendation: The proposed project is a feasible and viable concept, supported by economic analysis. It would add a new option for the existing building and with the reduction of vacancy rates at the subject building, it could also increase vibrancy at the site and surrounding area as there would be more population utilizing existing amenities. Furthermore, by increasing occupancy, it would encourage the development of the already approved retail and encourage future development . The project would be subject to all COAs for the original built including any subsequent Use Permits and/or amendments. Additional COAs have been added for the specific project and is available in
Attachment 2. For these reasons, staff recommends
Planning Commission to allow up to approximately 87,000 SF of R&D and/or office uses on floors one (1) through four (4) at the existing Century Plaza building at 1065 East Hillsdale Boulevard.

Site Plan, Transportation, and Parking

Overall Site Plan: While there are no changes to the site plan as part of this proposal at this time, if R&D is to be added to the existing building, the project could result in removal of some parking spaces on the ground floor to accommodate new equipment such as emergency generators and new loading/unloading areas. The project would also need to reconfigure the floor plans to

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accommodate new and larger elevators and new mechanical equipment rooms, if required. Again, it should be noted that these are conceptual plans and depending on the tenants need, the physical improvements might vary. The exterior physical changes to the building and/or site may reduce available parking spaces on the site in order to accommodate new equipment or other improvements.

Parking: Pursuant to the Foster City Municipal Code and Ordinance 634, any new development or major redevelopment at a site in a Planned Development Combining Zoning District, except for parcels located in residential zoning districts, may request a reduction in required off -street parking capacity corresponding to the project’s actual anticipated demand as determined by a parking impact study, and, if applicable, when supported by a Transportation Systems Management plan (“TSM”)/Transportation Demand Management program (“TDM”) consistent with the requirements outlines in Section 17.62.060(D)(3) (Foster City Municipal Code §

17.36.060(B)(4)).

The parking requirement for office use is 1 space per 250 SF , bank use is 1 space per 330 SF, and R&D use is 1 space per 300 SF. Therefore, for the existing 115, 436 SF building with office and bank, the required space would be 454.1 As discussed above, the existing site was approved for a parking reduction in the original Use Permits . Therefore, the existing and allowed parking space of 359 is still in conformance with the Municipal Code. Furthermore, in May 2022, a Use Permit (UP2021- 0015) that was recently approved (Resolution No. P -09-22), allowing an approximately 5,200 square-foot stand-alone outdoor retail pavilion, as well as a modification to the parking area removing 27 parking spaces and a required TDM plan. This resulted in approximately 332 parking spaces allowed to be on the site. This part of the project has not been built.

For the proposed project with a 75%-18%-7% R&D-office-bank occupancy (87,000 SF R&D, 20,436 SF remaining office, and 8,000 SF bank) with the approved (unbuilt) restaurant/retail pavilion, the required parking would be approximately 470 spaces. Based on discussion with the architects and team, even with the full conversion of approximately 87,000 SF of office space to R&D, approximately five (5) ground floor parking spaces could be removed due to the addition of new equipment and/or loading areas that may be necessary to accommodate the future use. With the removal of approximately five (5) parking spaces to accommodate the loading area and consideration for the approved retail pavilion (unbuilt) project, the site would result in the allowable 327, about a 30% reduction from the current Municipal Code requirement. However, if accounting for what is currently existing of 359 or what was previously approved of 332, the decrease of an additional 5 spaces is not substantive.

While the Municipal Code prescribed allowable parking requirements, additional parking studies were conducted based on typical survey data to determine the actual parking demand. A parking demand study (Attachment 10), dated July 28, 2022, concluded that even at the peak hour use, there would result in approximately 22 vacant spaces with all the uses on site. Furthermore, the Transportation Demand Analysis also supplemented the parking demand findings and found that with all components of the project (built, approved but unbuilt, and currently proposed), the actual parking demand on site would be about 305 compared to the proposed 327 parking spaces (Attachment 11).

Nevertheless, pursuant to the City’s Municipal Code for off-street requirements (17.36.060(B)(4)), a TDM, dated July 28, 2022, has been prepared for the proposed project (Attachment 11). TDM measures include on-site mix of uses that encourage walking; bicycle parking; and, multi -modal

1 (8,000 SF of bank / 330 space) + (107,436 SF of office /250 space)

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street design including sidewalks, bicycle facilities and transit stops. TDM measures also include education, outreach and marketing program; pre -tax transit benefits; and a Guaranteed Ride Home program for employees. Implementation of the TDM measures would result in a vehicle trip reduction of 15 percent and would further reduce parking demand. The implementation of the TDM is part of the Use Permit Resolution and is required to be implemented at the time of the project operation.

Furthermore, in response to the Commission's comments raised at the Study Session regarding consideration to improve the whole parking lot, the project has completed more recent restriping and has been keeping good working order with regular maintenance. As part of future improvements required for this project, more areas on site would be improved with new landscaping to be more attractive.

Transportation/Trips: Consistent with the Transportation Analysis (Attachment 12), the project would not result in transportation effects due to the lower trip counts.

Absent of a revised industry-use methodology to estimate trips based on land use categories that accounts for post pandemic travel scenario, the existing ITE Trip Generation Manual was used as the best available methodology to estimate trips for different land uses. Based on the ITE Trip General Manual, office use is recognized as having more employee density than R&D uses. A typical R&D use would generally have an employee density of 1 per 450 SF while an office would have an employee density of 1 per 300 SF. Therefore, the conversion of office space to R&D would have fewer generated trips.

The Transportation Analysis also include trip generation differences from office to R&D development at 100% office occupancy and concluded that the daily trips for the existing is approximately 1,251 trips
2 and with the 75% conversion of office to R&D, the new trips would be 750 trips.3 Assuming that post-pandemic trends may continue that would allow for telework and other options for office employees and vacancy continue to increase, a vacancy reduction was also applied to the existing office trips to account for existing vacancy at the site. The results show that, accounting for the current vacancy on site, the proposed project is expected to generate an average of 152 fewer trips per day, including 34 fewer trips during the AM peak hour and 35 fewer trips during the PM peak hour then compared . Furthermore, in response to the Commission's comments raised at the Study Session regarding accounting for different type of vacancies to represent the changes in office on -site occupancy due to the pandemic, staff used the ITE Trip rates to estimate the number of trips at different occupancy and vacancy rates. Below are scenarios accounting for the existing office space of 87,000 SF with different vacancy rates. Even with the reduction taken into account for vacancy, the trip generation from an R&D use would remain lower than office. The project would not be inconsistent with the existing state and local thresholds for transportation impacts.

Occupancy Daily
R&D 100% (87,000 SF) 442
Office 100% (87,000 SF) 934
Office 85% (73,950 SF) 802
Office 65% (56,550 SF) 613
Office 50% (43,500 SF) 472

2 (115,436/1,000)*rate of office
3 (115,436-87,000)=28,436 sf of office; (28,436/1,000)*rate of office = 308; (87,000/1,000)*rate of R&D = 442; 442+308 = 750

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Site Circulation: Currently two (2) entries provide vehicular access to the site, including an existing drive aisle situated at the lot’s northeasterly border along Foster City Blvd. and a second drive aisle at its southwesterly side along E. Hillsdale Blvd. Both the existing drive aisles allow for ingress and egress through right-in, right-out turning movements. As the proposed project would only result in minor exterior changes, with the proposed project, vehicular access to the subject site would remain unchanged. However, there are no proposed site circulation improvements proposed at this time. If changes to the site are proposed, it would be subject to additional review by the City.

Landscaping: New landscaping and new plant inventory would be required to include drought tolerant plants. Consistently, the project would be subject to COAs No. 2.9 and 2.10 in Exhibit A of “Attachment 3 – Planning Commission Resolution for Specific Plan/Use Permit with Conditions of Approval” to ensure compliance with the water demand study. These two conditions require the plans identify new landscaping selections including species, size, health, and water usage prior to the issuance of any Building Permits.

Operations: R&D uses may consist of different biosafety levels dependent on the type of operations. There are four levels of biosafety (BSL-1 through 4) with the fourth being the highest level of containment due to its risk assessments. There are further specific regulations for the type of research that can be conducted at the site. No tenant has been identified at this time and no specific operation of biosafety level requirement is known for this Use Permit. However, the Use Permit is subject to several COAs that would require future operation plan, hazardous management plan, and compliance with local, regional, and state regulations and the operation will be limited to BSL-2 maximum (COA No. 2.15 and 3.1). The project would also include a COA No. 2.16 that would require the building and/or property management to monitor a building inventory of hazardous materials to ensure it does not exceed the maximum hazardous materials on site consistent with the California Fire Code.

Jobs-Housing Forecasting: The issue of jobs -housing balance was first raised by Planning Commission at the October 20, 2022 Study Session. Staff responded to some of these concerns for a similar project on November 3, 2022 and the materials are available here .

Staff determined that office to R&D conversions do not result in adding more jobs than what was anticipated in the original entitlements. For example, the employee density ratio in a lab is lower than the employee density ratio in an office building. Office would have an employee density of one (1) employee per 250 SF, commercial space would be at one (1) employee per 600 SF, and R&D would be one (1) employee per 400 SF. Therefore, there would be about 444 employees at 100% occupancy at the existing building (accounting for both office and commercial bank use) versus approximately 313 employees at 75%-18%-7% R&D-office-bank occupancy.

Staff Comments/Recommendations: Although physical improvements to the site would not be fully identified until a tenant is identified, the Use Permit includes COAs from the various departments to ensure compliance with local, regional, and State codes for health and safety.

COAs are included to require information and materials prior to various permitting stages (i.e. TIs, Occupancy) that are required to ensure the project would not reduce substantial number of parking spaces, water usage information on landscaping features and options, and full operation plans for the tenant(s) that may have on- going monitoring for hazardous use at the site.

Furthermore, the project is subject to the implementation of the TDM Plan for any further parking reduction beyond the approved existing 332 parking spaces. For these reasons, staff recommends Planning Commission to approve the Specific Plan/Use Permit to allow up to

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approximately 87,000 SF of R&D and/or office uses on floor s one (1) through four (4) at the existing Century Plaza building at 1065 East Hillsdale Boulevard.

NEXT STEPS
The P
lanning Commission's recommendation regarding the General Development Plan Amendment/Rezoning will be forwarded to the City Council for final consideration and action. The Planning Commission's action on the Specific Development Plan/Use Permit is final, unless appealed to the City Council. The Use Permit would only take effect if the General Development Plan Amendment/Rezoning actions are approved by the City Council.

INDIVIDUALS, ORGANIZATIONS AND DOCUMENTS CONSULTED
Fos
ter City Municipal Code
Foster City Environmental Review Guidelines
California Environmental Quality Act CEQA Guidelines
Foster City’s Interdepartmental Evaluation Committee

ATTACHMENTS
Attachment 1 – Planning Commission Resolution to City Council for General Development Plan (GDP)
Attachment 2 – Planning Commission Resolution for Use Permit with Conditions of Approval Attachment 3 – Draft City Council Ordinance for General Development Plan (GDP) Attachment 4 – Letter from Property Owner, September 1, 2021 Attachment 5 – Operation Details from Architect and Team, November 4, 2022 Attachment 6 – IDEC Comment Letter, October 7, 2021
Attachment 7 – Water Capacity Investigation, November 18, 2022 Attachment 8 – Life Science Feasibility Study, August 21, 2021 Attachment 9 – Project Fiscal Impact Analysis, July 8, 2022 and updated November 10, 2022 Attachment 10 – Parking Study, July 28, 2022
Attachment 11 – Transportation Demand Management Plan, July 28, 2022 Attachment 12 – Transportation Analysis, December 6, 2022

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RESOLUTION NO. P- 23 -22
C

ITY OF FOSTER CITY PLANNING COMMISSION
R

ESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CITY

RECOMMENDING CITY COUNCIL ADOPTION OF AN AMENDMENT TO THE FOSTER CITY

ZONING MAP TO MODIFY THE PREVIOUSLY APPROVED GENERAL DEVELOPMENT PLAN FOR THE 5.135-ACRE PARCEL KNOWN AS 1065 EAST HILLSDALE BOULEVARD AT THE

NORTHWEST 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 – APN 094-512-080 - RZ2021-0006 W
HEREAS, on December 1, 1980, an Ordinance (Ordinance 209) was passed to reclassify the approximately 5.135 – acre parcel located at 1065 East Hillsdale Boulevard to General Business/Planned Development (C-2/PD) District with a General Development Plan to allow development of 115,436 square feet of four-story commercial office use with 392 parking spaces; and
W
HEREAS, on June 6, 2022, an Ordinance (Ordinance 649) was passed to allow for approximately 5,200 square feet stand- alone outdoor restaurant/retail pavilion structure with outdoor seating, restrooms, and removal of 27 parking stalls, resulting in approximately 332 parking stalls left on site; and
W
HEREAS, Urban Planning Partners, as project applicant, on behalf of property owner DIVCOWEST (DWF IV Century Plaza, LLC) has requested an amendment to allow R&D use within 87,000 square feet of the existing 115,436 square feet of office space from floors one (1) through four (4) at the 5.135- acre parcel located at 1065 East Hillsdale Boulevard (APN 094- 512-080) in the Town Center neighborhood; and
W
HEREAS, on December 5, 2022, the City Council adopted a Resolution No. 2022-138 to approve a text amendment to the General Plan, Land Use and Circulation Element, “Town Center Commercial” Land Use Category to allow for residential, mixed- use, office, commercial retail, service, and Research and Development for the “Town Center Commercial”; and W
HEREAS, the City of Foster City, 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, has found the Project to be Categorically Exempt from CEQA, under Class 1, CEQA Section 15301 (Existing Facilities). The project allows 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 (EA2021-0005); and
W
HEREAS, a Notice of Public Hearing was duly posted for consideration of an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan for the 5.135- acre parcel known as Century Plaza at 1065 East Hillsdale Boulevard at the Planning Commission meeting on December 15, 2022, and on said date the Public Hearing was opened, held and closed; and
DocuSign Envelope ID: 6669C846-982D-42AC-9385-7FC69F38B4FD

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Resolution No. P- 23 -22
RZ2021-0006
-2-
W
HEREAS, full public involvement in the preparation of this amendment to the Foster City Zoning Map has been ensured through duly noticed Planning Commission Study Sessions, public hearings, and other means, including the following:

1. C
ity Council Development Project Preliminary Review Meeting – November 1, 2021 – to introduce the proposed project to the City Council and public and receive feedback prior to initiating the entitlement process.

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

3. Planning Commission Public Hearing – December 15, 2022 – to consider and make recommendations to the City Council regarding the Rezoning/General Development Plan Amendment to modify the previously approved General Development Plan (GDP) for the 5.135 -acre parcel known as Century Plaza at 1065 East Hillsdale Boulevard, north of the intersection at East Hillsdale Boulevard and Shell Boulevard, in the C-2/PD (
General Business/Planned Development Combining) District with an amended GDP to allow R&D Uses.

W
HEREAS, the Planning Commission is required by state law to hold at least one (1) Public Hearing before recommending adoption of an amendment to the City’s Zoning Map ; and W
HEREAS, during the Public Hearing the applicant indicated that it was committed to using its best efforts to pay prevailing wages for all labor on the project with preference for local hiring and union contractors when feasible and agreed to adding such language to the conditions of approval for the project; and
W
HEREAS, pursuant to FCMC section 17.74.060, at the close of the public hearing, or continuation thereof, the Planning Commission is required to make a report of its recommendations regarding the proposed amendment; and
W
HEREAS, this Resolution 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.

NO
W, THEREFORE, BE IT RESOLVED that the Planning Commission, based on facts and analysis in the Staff Report, written and oral testimony, and in the project and exhibits presented, finds:

1. The pr
oposed 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 uses, and still maintain the variety of uses in the area, consistent with Land Use Goal LUC -C a nd
P
olicy LUC-C-12;
c. pr ovide 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 ar ea
c
onsistent with Land Use Goal LUC-B;
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Resolution No. P- 23 -22
RZ2021-0006
-3-
e. provide for economic development consistent with the principles of Land Use G
oal LUC-I;
f. m
aintain 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.

2. 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.

3. E
xisting and proposed utility services and facilities and other public improvements such a
s fire and police protection; school services; open space and recreation; water supply; wastewater treatment; solid waste and electricity, gas and telecommunications ar e a
dequate 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 Fir e
D
epartment 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 bui
lding with no substantive increase in services and therefore no increased demand is anticipated for police services; no new sc hool 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 hig h
enough t
o require the expansion of the existing systems;
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;
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 conditions of approval as set forth in associate d
U
se Permit; and
f. Co
nversion of office to R&D d oes not anticipate in upgrades or upsize of existing infrastructures and therefore, other utilities serving the project are expected to be adequate.

4. C
onsistent with Section 17.36.060 of the Municipal Code, a parking reduction for a total of 327 parking spaces on site is adequate with the implementation of the Transportation Demand Management (TDM). Any future R&D use may result in the loss of five (5) parking spaces. A parking demand study was completed and based on the Municipal Code Chapter 17.62, if a full conversion of up to 87,000 SF of office to R&D occurs with the approved (unbuilt) retail pavilion, the site would require 470 parking spaces. Th e p
roject proposed to have 327 parking spaces with the additional five (5) parking space r
eduction, for a total of about 30% parking reduction request compared to the required 470. Furthermore, a Parking Demand Analysis was completed and determined that with a
ll components of the project (built, approved but unbuilt, and currently proposed), the DocuSign Envelope ID: 6669C846-982D-42AC-9385-7FC69F38B4FD

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Resolution No. P- 23 -22
RZ2021-0006
-4-
actual parking demand on site would be about 305 compared, much less than the existing 359 spaces that is physically on site and less than the 327 proposed.

Nevertheless, consistent with Section 17.62.060(D)(3), the project shall implement a Transportation Demand Management (TDM) as part of any subsequent project that would further reduce parking supply on site. Therefore, 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.

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

6. The Planning Commission recommends that the Council make approval of the Rezoning/General Development Plan Amendment conditional, with a condition of approval as follows:
applicant shall pay prevailing wage, applicant shall have a preference for local hiring, and applicant shall use best efforts to use union contractors to the
maximum extent feasible.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Foster City hereby recommends City Council adopt an amendment to the Foster City Zoning Map to modify the previously approved General Development Plan for the 5.135-acre parcel known as Century Plaza at 1065 East Hilldale Boulevard (APN 094-512-080) as conditioned, north of the intersection at East Hillsdale Boulevard in the C-2/PD (General Business/Planned Development Combining) District with an amended General Development Plan to allow up to 87,000 square feet (SF) of Research and Development (R&D) and/or office uses on floors one (1) through four (4) at the Century Plaza with the proposed amended General Development Plan as shown on Exhibits A and B of this Resolution, attached hereto and incorporated herein.

PASSED AND ADOPTED as a Resolution of the City of Foster City Planning Commission at a Regular Meeting held on December 15, 2022, by the following vote:

AYES, COMMISSIONERS: Bronitsky, Haddad, Venkat, and Chair Adams NOES, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS: Jagtiani
EVAN A. ADAMS, CHAIR
ATTEST:
________________________________

MARLENE SUBHASHINI, SECRETARY
DocuSign Envelope ID: 6669C846-982D-42AC-9385-7FC69F38B4FD

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Resolution No. P- 23 -22
RZ2021-0006
-5-
EX

HIBIT A
AM
ENDED GENERAL DEVELOPMENT PLAN FOR 1065 EAST HILLSDALE BOULEVARD The C-2/PD (General Business/Planned Development) zoning of the 5.135- acre parcel at the northwest corner of Foster City Boulevard and East Hillsdale Boulevard is herewith limited and specified to allow development of 115,436 sq. ft. (gross floor area) of four-story commercial office use, with the option of up to approximately 87,000 sq.ft. of the 115,436 sq. ft. (gross floor area) to be Research and Development (R&D), and 5,200 sq. ft. (gross floor area) of single-s tory restaurant/retail tenant spaces with 327 parking spaces all in accordance with the plans on file in the Planning Division of the Community Development Department.

DocuSign Envelope ID: 6669C846-982D-42AC-9385-7FC69F38B4FD

7.1 Attachment 3 - Planning Commission Resolution No P-23-22 for GDP Rezoning

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Resolution No. P- 23 -22
RZ2021-0006
-6-
E

XHIBIT B
G
eneral Development Plan Graphic for the 5.135-acre parcel at 1065 East Hillsdale Boulevard
DocuSign Envelope ID: 6669C846-982D-42AC-9385-7FC69F38B4FD

7.1 Attachment 3 - Planning Commission Resolution No P-23-22 for GDP Rezoning

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RESOLUTION NO. P- 24 -22

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FOSTER CIT Y

APPROVING A SPECIFIC DEVELOPMENT PLAN/USE PERMIT REQUEST TO ALL OW UP TO 87,000 SQUARE FEET OF RESEARCH AND DEVELOPMENT (R&D) AND/OR OFFICE USES ON FLOORS ONE (1) THROUGH FOUR (4) AT THE EXISTING BUILDING ON 5.135-ACRE PARCEL KNOWN AS THE CENTURY PLAZA LOCATED AT 1065 EAST

HILLSDALE BOULEVARD AT THE NORTHERN CORNER OF FOSTER CITY

BOULEVARD AND EAST HILLSDALE BOULEVARD AS WELL AS MODIFICATION TO THE PARKING AREA FOR A TOTAL OF 327 PARKING SPACES – TOWN CENTER NEIGHBORHOOD – APN 094-512-080 – DIVCOWEST (DWF IV CENTURY PLAZ A, LLC) – UP2021-0043

CITY OF FOSTER CITY PLANNING COMMISSION

WHEREAS, DIVCOWEST (DWF IV CENTURY PLAZA, LLC), as project appl icant and owner, has requested Planning Commission approval of a Specific Development Plan/Use Permit to allow up to 87,000 square feet (SF) of Research and D evelopment (R&D) and/or office uses on floors one (1) through four (4) at the Century P laza (“Project”) located at 1065 East Hillsdale Boulevard (094-512-080) in the Town Center neigh borhood; and

WHEREAS, full public involvement in the preparation of this Spe cific Development Plan/ Use Permit has been ensured through duly noticed Planning Commi ssion Study Sessions, public hearings, and other means; and including the following:

1. City Council Development Project Preliminary Review Meeting – November 1, 2021 – to introduce the proposed project to the City Council and publi c and receive feedback prior to initiating the entitlement process.

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

3. Planning Commission Public Hearing – December 15, 2022 – to consider and make recommendations to the City Council regarding the Rezoning/Gene ral Development Plan Amendment to modify the previously approved General Development Plan (GDP) for the 5.135-acre parcel known as Century Plaza at 1065 East H illsdale Boulevard, north of the intersection at East Hillsdale Boulevard and Shell Boulevard, in the C-2/PD (General Business/Planned Development Combining) District with an amended GDP to allow R&D Uses.

WHEREAS, a Notice of Public Hearing was duly posted, published, and mailed for consideration of the Specific Development Plan/Use Permit r equest at the Planning Commission meeting of December 15, 2022. On December 15, 2022, the Public Hearing was opened, held and closed; and

WHEREAS, the applicant has requested reduction in parking requi rement under the provisions of Section 17.36.060, Off-Street Parking Requirement s in a PD District, of Chapter

17.36, PD Planned Development Combining District, of Title 17, Zoning, of the Foster city Municipal Code and provided a Parking Study prepared by W-Trans, dated July 28, 2022 and a Transportation Demand Management (TDM) Plan dated July 28, 2022 and;

DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

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WHEREAS, the applicant is requesting to provide 327 parking spaces where 470 spaces are required, a 30% reduction in parking. The parking study provided by the applicant concludes that based on the peak parking demand for the existing office a nd the proposed project is 100% occupied and using the Institute of Transportation Engineers (I TE), parking demand for the proposed R&D, there would be a total demand for 305 spaces wher e 327 are provided; there would be an excess of 22 spaces; and

WHEREAS, the TDM measures outlined in the TDM Program would result in a vehicle trip reduction of 15 percent and would further reduce parking demand.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on facts and analysis in the Staff Report, written and oral testimony, and exhibits presented, finds:

A. In accordance with the requirements of the California Enviro nmental 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, the Project is Categorically E xempt from CEQA, under Class 1, CEQA Section 15301 (Existing Facilities). The pr oject would allow potential R&D use within an already existing building that faci litates office uses without major changes to the physical building and would involve neglig ible 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.

B. The proposal for to allow up to approximately 87,000 square feet (SF) of existing building square footage to be Research and Development (R&D) and/or office uses on floors one (1) through four (4) at the existing building would be consiste nt with the Foster City General Plan, Chapters 17.26 (C-2 General Business and 17.36 (P D Planned Development) of Title 17, (Zoning), and Chapter 2.28, (Planning ), of Title 2, (Administration and Personnel), of the Foster City Municipal Code, because the proposal, as conditioned in Exhibit A of this Use Permit, will:

a. be consistent with Town Center General Plan Land Use designa tion of the subject site;
b. result in greater variety of land uses, flexibility of land uses, 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 surround ing built environment, without reducing or overwhelming the surrounding area consistent with Land Use Goal LUC-B;
e. provide for economic development consistent with the princip les of Land Use Goal LUC-I;
f. maintain acceptable operation of the transportation system w ithout greater impacts, consistent with LUC-F and LUC-F-1;
g. ensure any uses of hazardous materials, if any, be in compli ance 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 DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

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with Land Use Goal LUC-G and Policy LUC-G-1.

C. The building would be retained as is with potential minor mo difications to the exterior and interior to accommodate the R&D use. Therefore, the design of the proposal would continue to be compatible with the site’s environment with resp ect to use, forms, materials, colors, setbacks, location, height, design or simila r qualities as specified in Chapter 2.28 (Planning) of Title 2, Administration and Perso nnel, and Section

17.58,010 of Chapter 17.58 (Architectural Control and Supervision) of Title 17, Zoning, of the Foster City Municipal Code because the project will:
a. be consistent with the original Use Permit for the site (UP- 13-80 adopted by Planning Commission Resolution No. P-133-80) and subsequent Use P e r m i t Modification (UP-13-80 adopted by Planning Commission Resolutio n P-37-81) as it is not changing the exterior of the building substantially; b. further upgrade landscape and plant palette to low-water use and drought-tolerant landscaping in the existing area to reduce water demand for irrigation; c. require any changes to the exterior to be subject to further review by staff to ensure compliance with the Foster City Municipal Code and other City c odes and regulations; and
d. deviate from the parking requirement for the removal of appr oximately five (5) parking spaces for a total of 327 on site, but will implement a Transportation Demand Management (TDM) to address this parking reduction reque st consistent to Section 17.36.060.

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

a. The existing building will be retained and the building will continue to not cause any significant solar, visual or other adverse long term impacts on adjacent or neighboring properties or adversely affect property values. The project will comply with the commercial intent and purpose of the zone in which it will be located.

F. Consistent with Section 17.36.060 of the Municipal Code, a p arking reduction for a total of 327 parking spaces on site is adequate with the implementation of the Transportation Demand Management (TDM). To facilitate any future R&D use, may result in the loss of five (5) parking spaces. A parking demand study was completed a nd based on the Municipal Code Chapter 17.62, if a full conversion of up to 87, 000 SF of office to R&D occurs with the approved (unbuilt) retail pavilion, the site wo uld require 470 parking spaces. The project proposed to have 327 parking spaces with th e additional five (5) parking space reduction, for a total of about 30% parking reduction request compared to the required 470. Furthermore, a Parking Demand Analysis was co mpleted and determined that with all components of the project (built, appr oved but unbuilt, and currently proposed), the actual parking demand on site would be about 305 compared, much less than the existing 359 spaces that is physically on si te and less than the 327 proposed. Nevertheless, consistent with Section 17.62.060(D)(3) , the project shall implement a Transportation Demand Management (TDM) as part of a ny subsequent DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

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project that would further reduce parking supply on site. There fore, the project would continue to meet the existing Section 17.36.060 Off-Street Park ing Regulations in a PD District of Chapter 17.36, PD Planned Development Combining Dis trict, of Title 17, Zoning, of the Foster city Municipal Code.

BE IT FURTHER RESOLVED that the Planning Commission approves UP 2021-043, which approval is contingent upon the Council approval of the a mendments to the General Development Plan (RZ2021-0006) and subject to the Conditions of Approval set forth in Exhibit A of this Use Permit, attached hereto and incorporated herein by reference.

DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

7.1 Attachment 4 - Planning Commission Resolution No P-24-22 for Use Permit

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Resolution No. P- 24 -22
UP2021-0043

PASSED AND ADOPTED by the Planning Commission of the City of Fo ster City at a Regular Meeting thereof held on December 15, 2022, by the following vote:

AYES, COMMISSIONERS: Bronitsky, Haddad, Venkat, and Chair Adams

NOES, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:

ABSENT, COMMISSIONERS: Jagtiani

_____________________
EVAN A. ADAMS, CHAIR

ATTEST:

________________________________

MARLENE SUBHASHINI, SECRETARY

DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

7.1 Attachment 4 - Planning Commission Resolution No P-24-22 for Use Permit

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EXHIBIT A

CENTURY PLAZA, 1065 EAST HILLSDALE BOULEVARD

USE PERMIT CONDITIONS OF APPROVAL

Conditions attached to approval of UP2021-0043 by the
Planning Commission on December 15, 2022

All Conditions of Approval of the approved Use Permit (File No. UP-13-80), approved by Planning Resolution No. P-133-80 on October 16, 1980, for the o riginal building and all subsequent Use Permits amendments and modifications (including, but not limited to, UP- 31-80 by Resolution No. P-37-81 approved in April 16, 1981, an d UP80-13N) shall remain in effect at all times, as amended.

The following Conditions of Approval are hereby added to the approved Use Permits (File No.

UP-13-80) and all subsequent amendments (including, but not limited to, UP-31-80 by Resolution No. P-37-81 approved in April 16, 1981, and UP80-13N)to read as follows:

1. GENERAL

1.1. Approval of this Use Permit/Specific Development Plan is c ontingent upon the City Council approving the General Development Plan Amendment (RZ2021-0006).

1.2. Any modification to the project shall require Planning Com mission or Community Development Director review and approval and is subject to appl icable Building Permits. The Community Development Director shall have the auth ority to approve minor changes. Any changes which affect the exterior character of the work, including minor changes to materials and colors, shall be resubmitted for approval. The construction or placement of unapproved features or unapproved changes to buildings or structures which were not a part of approved plans can and will result in the issuance of a “Stop Work Order” by the City, the need to re vise plans and obtain City approval for all changes prior to recommending work, and t he possibility of penalty fees being assessed for unauthorized work. (CDD)

1.3. The Community Development Director may, at any time, request re ports on water use, parking and/or other information as necessary to ens ure that R&D uses are in compliance with the COAs in this Use Permit. (CDD)

1.4. Notwithstanding any depictions or statements in the projec t application or drawings, the project shall be subject to the California Building Standar ds (Title 24 of the California Code of Regulations) as adopted and amended by the C ity of Foster City and the San Mateo Consolidated Fire Department, in effect as of the date of application for building permit. (BD)

1.5. Construction activities shall be limited to the hours of 8 a.m. to 5 p.m. on weekdays unless deviations from this schedule are approved in advance by the City.

Nonconstruction activities may take place between the hours of 7 a.m. and 8 a.m. on weekdays and 9 a.m. and 4 p.m. on Saturdays but must be limited to quiet activities and shall not include the use of engine-driven machinery. No a ctual construction activities may take place between 7 a.m. and 8 a.m. Constructio n noise levels shall not exceed the interior noise level of 50 dBALeq (hourly averag e) or the maximum noise level of 70 dBALmax within occupied noise sensitive land uses. The Planning DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

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Commission reserves the right to rescind this condition and fur ther restrict construction activities in the event that the public health, sa fety and welfare are not protected due to noise levels emanating from the construction project. (PC, BD, CDD)

1.6. The building identification signs for the project will be reviewed through a separate Sign Use Permit and is not part of this Use Permit approval. (CDD)

1.7. If applicable, the Applicant (or the project sponsor) shal l pay the Affordable Housing Commercial Linkage Fee per Municipal Code Chapter 17.88 as well as all development impact fees in effect at the time of building permit issuance. The amount of impact fees to be paid shall be those in effect at the time of payment of such fees. (CDD)

2. PRIOR TO TENANT IMPROVEMENT PERMITS

2.1. If exterior improvements are proposed:

2.1.1. Elevations shall be included in the building permit plan s indicating colors and materials, listing manufacturers’ names and product identification, and shall be approved by the Community Development Director. (CDD)

2.1.2. No rooftop equipment of any kind or exterior conduit sha ll be visible from the ground level on the site or from adjacent public rights-of-way or ground level on adjacent properties. Plans submitted for Building Perm it for any Tenant Improvements shall include plans showing rooftop screeni ng and cross-sections and details of the proposed rooftop equipment, s ight line studies demonstrating the visual impact of equipment, and relat ed screening shall be submitted to the Community Development Direc tor for approval. All mechanical rooftop equipment shall be behind and below the roof screen unless otherwise required to be above the screen pe r the building code. (CDD)

2.1.3. All vents shall be shown on the exterior elevations. Whe re feasible, venting shall be directed to the roof and consolidated to minimize its visibility, subject to approval by the Community Development Director. (CDD)

2.2. If applicable, before commencing any work in the City's ri ght-of-way (including trenching of complete streets), the applicant shall obtain an e ncroachment permit, posting the required bonds and insurance. The Engineering Division may require that trenchless methods be used for crossings and connections under streets. (E/PW)

2.3. Roof access shall be provided from at least one stairway i n each building. (BD, FIRE)

2.4. Prior to issuance of a building permit for improvements necessary to convert any space from office to R&D on the project site, the plans submitted to the City shall demonstrate the ability at tenant improvement to incorpor ate elevators utilized to transport hazardous materials under the provisions of California Fire Code Chapter 50, and incorporate exhaust ventilation compiling with ANSI Z9.5- 2012 or NFPA 45-2019 if required. (BD, FIRE)

2.5. Prior to Tenant Improvements permit for improvements necessary to convert any space from office to R&D on the project site, State of Californ ia safety regulations regarding the transport, handling and storage of hazardous materials (HMIS) shall be incorporated onto the plans. Storage of hazardous materials shall be directed to areas in the complex where maximum protection of office and other act ive work areas can be provided. (BD, FIRE)
DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

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2.6. Prior to Tenant Improvement permit for improvements necessary to convert any space from office to R&D on the project site, a hazardous mater ials business plan (HMBP) shall be incorporated onto the plans. (BD, FIRE)

2.7. The applicant shall complete and submit the “PCB Screening Assessment Form” for any project requiring a demolition permit (BD, E/PW)

2.8. The plans shall demonstrate compliance with the Indoor Wat er Conservation requirements contained in EMID Code Chapter 8.7, including, but not limited to, submittal of the Indoor Water Use Efficiency Checklist. The Ch ecklist shall be updated, if necessary, prior to issuance of the Tenant Improvem ent. (E/PW, CDD, BD)

2.9. Prior to issuance of any Building Permits for improvements necessary to convert any space from office to R&D on the project site, a Lan dscaping Plan shall be submitted to the Community Development Department for review and approval. The Landscaping Plan shall include, but is not limite d to, arborist report of existing (i.e. species, size, health) vegetation inve ntory on site, existing irrigation methodology, water usage for existing lands caping, proposed vegetation replacement and/or new landscaping area (i. e. species, size, health), and water usage of new vegetation selection and landscaping. (CDD)

2.10. Prior to issuance of any Building Permits for improvements necessary to convert any space from office to R&D on the project site, a Wat er Demand Report shall be submitted to the Community Development Departme nt for review and approval. The Water Demand Report shall include, but is not limited to, information to verify that the new operation and modificati ons made to the building will result in a net-zero change in demand in water u se, consistent with the Water Capacity Investigation by Maddaus Water Manageme nt Inc, dated November 18, 2022, made as part of the Public Hearing item on December 15, 2022 for this Use Permit (UP2021-0043). (CDD)

2.11. Prior to issuance of any building permits for improvements necessary to convert any space from office to R&D on the project site, one (1) complete set of construction plan drawings in electronic format shall be submitted to the Buildin g Inspection Division.

All Use Permit conditions of approval shall be included on plan sheet(s) in the drawing set. (BD)

2.12. One (1) set in electronic format and one (1) set in print ed format of a site specific, design level, fault zone geotechnical report satisfactory to th e Chief Building Official, including one electronic or pdf version, shall be submitted for review and approval to the Building Division and contain design recommendations for gr ading, footings, retaining walls, and provisions for anticipated differential se ttlement for each construction site within the project area. (BD)

2.13. The applicant shall provide a Waste Management Plan for a ll aspects of construction to convert any space from office to R&D on the project site fro m start to finish with estimated quantities of debris expected to be generated by the project, how it will be recycled/disposed of, and an accompanying deposit in accordance with Chapter

15.44 of the Foster City Municipal Code and California Green Bu ilding Code. A separate Waste Management Plan will be required for projects that require Demolition (see Section 3.0). (E/PW, BD)

2.14. Prior to commencement of any site work or placement of an y construction trailers for improvements necessary to convert any space from office to R&D on the project site, the applicant shall submit a Site Logistics Plan showing propos ed haul routes, DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

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placement of the construction trailers (if any) and areas for m aterials/equipment delivery, materials/equipment storage, waste collection and mai ntenance/fueling of vehicles/equipment. The Site Logistics Plan shall be subject to approval by the Community Development Director.
 The Site Logistics Plan designated storage areas for material delivery, storage, and waste collection shall be as far away from catch basins, gutters, drainage courses, and water bodies as pos sible. All hazardous materials and wastes used or generated during project site development activities sh all be labeled and stored in accordance with applicable local, state, and fede ral regulations.

In addition, an accurate up-to-date inventory, including Materi al Safety Data Sheets, shall be maintained on-site to assist emergency respons e personnel in the event of a hazardous materials incident.
 The Site Logistics Plan designated area for all maintenance an d fueling of vehicles and equipment shall be bermed or over a drip pan that will not allow run-off of spills. Vehicles and equipment shall be regularly ch ecked and have leaks repaired promptly at an off-site location. Secondary containment shall be used to catch leaks or spills any time that vehicle or equipmen t fluids are dispensed, changed, or poured.
 The Site Logistics Plan shall locate equipment staging in area s that will create the greatest possible distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all p roject construction. (CDD, BD, FIRE)

2.15. Prior to issuance of a building permit for improvements n ecessary to convert any space from office to R&D on the project site, a report shall be submitted as part of the plans to verify that the physical improvements and operations do not exceed a Bio Safety Level-2 operation level. (CDD)

2.16. Prior to the issuance of a Building permit for improvements necessary to convert any space from office to R&D on the project site, a master building wide Hazardous Materials Inventory Statement (HMIS) and a tenant HMI S shall be kept on file with the building management for the lifetime of t he use. The building management shall manage all tenant HMIS documents agai nst the Master HMIS such that the total quantity of hazardous materials shall not exceed the Maximum Area Quantities (MAQ’s) as defined by the HM IS per Chapter 50 of the California Fire Code. This project shall upda te their fire sprinkler design density to an Extra Hazard class to 0.4/3,000 square-feet. (FIRE)

2.17. The contractor shall prepare a Waste Disposal and Hazardo us Materials Transportation Plan prior to construction activities where haza rdous materials or materials requiring off-site disposal would be generated. The P lan shall include a description of analytical methods for characterizing wastes, ha ndling methods required to minimize the potential for exposure, and shall establish procedures for the safe storage of contaminated materials, stockpiling of soils, and storage of dewatered groundwater. The required disposal method for contaminated materials (including any lead-based paint, asbestos, or other hazardous building materials requiring disposal), the approved disposal site, and specific routes used for transp ort of wastes to and from the project site shall be indicated. The Plan shall be prepared prior to demolition or development activities and submitted to the City. (E/PW, BD, FIRE)

2.18. Prior to issuance of a demolition permit for structures l ocated on the project site, a lead-based paint, hazardous building materials survey (PCBs, me rcury), and DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

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asbestos survey (for those structures not previously surveyed) shall be performed by a qualified environmental professional. Based on the findings of the survey, all loose and peeling lead-based paint, and identified asbestos hazards s hall be abated by a certified contractor in accordance with local, state, and feder al requirements (including the requirements of the BAAQMD, District Regulation 11, Rule 20) and requirements for worker health and safety. (BD)

2.19. Prior to issuance of a building permit for improvements necessary to convert any space from office to R&D on the project site, the improvement plans shall include the design of stormwater improvements in accordance with the City’s Standard Details/Specifications and to the satisfaction of the Engineering Division. (E/PW)

2.20. Domestic backflow prevention devices shall be consistent with the most recent list of approved devices maintained by the County Department of Health. (E/PW, BD)

2.21. Loading/unloading zones shall be in consistent with the M unicipal Code Chapter

10.44. (BD)

2.22. Prior to issuance of a building permit, the Developer shall submit a letter signed and stamped by the licensed landscape architect verifying that the selected plants for the bioretention area/swale are drought tolerant, inundation tolerant, and require minimal maintenance consistent with the C.3/C.6 Che cklist, as provided in Appendix A of the San Mateo County Wide Water Pollu tion Prevention Program’s C.3 Stormwater Technical Guidance Handbook at www.flowstobay.org (E/PW, CDD)

2.23. The project shall conform to all General Construction Pra ctices, as amended.

2.24. Prior to issuance of a building permit, if the implementa tion of this Use Permit for the conversion of office to R&D is determined to affect the City’s public infrastructures such as storm drain system, storm drain pumping capacity, water storage capacity, or other public infrastructures that ma y require upgrade, expansion, or modification, the applicant shall pay its fair share of its incremental contribution to any necessary improvement costs. The timing and amount of payment shall be as determined by the City and agreed upon by the applicant. (CC, E/PW)

2.25. The construction contractor shall protect all downstream sanitary sewer lines from construction debris while performing sanitary sewer constructio n. Means to prevent construction debris must be used and shall be inspected by the construction inspector. (E/PW)

2.26. The project applicant shall include Electric Vehicle char ging stations, the number of which shall be verified with staff at the time of pro posed tenant improvements. (CDD)

2.27. The applicant shall submit a separate Sign Use Permit for review and approval by the Planning Division for all exterior Building Identification signs.

2.28. Annually, for five (5) years after Certificate of Occupan cy, the applicant shall provide an annual parking count study to the Community Developm ent Director. If the Community Development Director determines that there are parking demand issues, the project shall add additional TDM mea sures or change TDM measures to alleviate the parking issues and a follo w up report shall be required within six months of the last approved TDM. I f the project continues to be out of conformance, the Community Development D irector he/she may refer the project back to the Planning Commission to review the Transportation Demand Management program or other alternatives to address parking demand on-site. (CDD)
DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

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3. PRIOR TO OCCUPANCY PERMITS

3.1. Prior to any occupancy permit for spaces converted from of fice to R&D on the project site, the applicant shall provide an operational plan f or all tenant(s) of the building and implementation of safety measures, with a maximum allowable Biosafety Level (BSL) 2, prior to the operation of Research and Development (R&D) uses. The operational plan shall include, but is not limited to, safety level and protocols for all operations on site. (CDD)

3.2. Prior to the issuance of occupancy permits for conversion of office to R&D, the project applicant shall submit a report to verify the continuation of the existing Transportation Demand Management measures such as the shared and private shuttle program, or equivalent strategies, to promote alternati ve modes of transportation for all tenants at the building. (CDD)

3.3. Prior to occupancy for spaces converted from office to R&D on the project site, th e City shall be provided with Final AutoCAD (latest version) comp atible files (DXF or DWG) and PDF for all computer-generated mapping, construction plans and graphic information related to site/civil drawings for this project. (E/PW)

3.4. The applicant/property owners/tenants shall control accumu lations of petroleum wastes and other pollutants in the streets and parking areas by frequent sweeping. (E/PW, CDD)

3.5. Prior to occupancy for spaces converted from office to R&D on the project site, a documented program of Inspection, Testing, for continuous Mai ntenance (ITM) activities of all fire protection and life safety systems , and risk management requirements for building water systems, shall be su bmitted and approved by the Chief Building Official and Fire Marshal. The d ocumented program shall be in accordance with the California Fire Code, T itle 15 of the Foster City Municipal Code, NFPA 13, 70B, 72, and ANSI/ASHRAE Standard 188. (BD)

3.6. The current and future owners shall be responsible for imp lementing the Transportation Demand Management (TDM) Program required by the City/County Association of Governments, and disclosed and appro ved in the Transportation Demand Management Plan by W-Trans, dated July 28, 2022, on file with the Community Development Department and attached sum mary as Exhibit B. The owner or its successor in interest shall file a n annual parking count/parking occupancy report by January 31 for five (5) years after certificate of occupancy, to the CDD Director. If the CDD Director determi nes that there are parking demand issues, the project shall add additional TDM measures or change TDM measures to alleviate the parking issues and a follo w up report shall be required within six months of the last approved TDM. I f the project continues to be out of conformance, the Community Development Director, the CDD Direct may refer the project back to the Planning Commissio n to review the Transportation Demand Management program or other alternatives to meet parking demand on-site. (CDD)

BOLD: INDICATES SITE SPECIFIC CONDITIONS

DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

7.1 Attachment 4 - Planning Commission Resolution No P-24-22 for Use Permit

161

Resolution No. P- 24 -22
UP2021-0043

EXHIBIT B

Transportation Demand Management Plan for 1065 E. Hillsdale Boulevard Proposed Research and Development Conversion Project
Prepared by W-Trans, July 28, 2022

DocuSign Envelope ID: FA3E0A3F-CC4D-4BB5-8C26-DAA078AE305B

7.1 Attachment 4 - Planning Commission Resolution No P-24-22 for Use Permit

162

Invested in the power of place. Inspired by the energy of people.

WWW.DIVCOWEST.COM
301 HOWARD STREET, SUITE 2100
SAN FRANCISCO, CA 94105
415.284.5700
V
IA EMAIL:
[email protected]
J
anuary 5, 2023
M
arlene Subhashini
Community Development Director
610 Foster City Boulevard
Foster City, CA 94404
RE
: 1065 EAST HILLSDALE BOULEVARD (UP2021¬0043) – DWF IV
CENTURY PLAZA, LLC – NEIGHBORHOOD TC – APN: 094-524-180 Dear Ms. Subhashini:

DivcoWest has been a contributing community member of Foster City and the greater Bay Area for over 30 years. Our core values are that we are invested in the power of place and are inspired by the energy of people.

Our proposed project at 1065 East Hillsdale Boulevard (“Project”) is a testament to our values and to the City’s goals of making Foster City a wonderful place to live, work and play.

Our belief in the energy of people goes beyond our tenants and employees but also extends to those we work with including our construction trades partners. To that end, we will commit to the following conditions of approval for the Project:

Applicant shall pay for all construction services prevailing wages as set by the State of California (https://www.dir.ca.gov/public-works/prevailing-wage.html) with a hiring preference towards subcontractors located in Foster City and San Mateo Count y; and Applicant shall use its best contracting efforts to use subcontractors who are signatories to union agreements with affiliates of the Building and Construction Trades Council of San Mateo County, including, but not limited to, ensuring that all applicable trades, including carpentry, receive multiple notices related to contracting opportunities.

S
incerely,
M
ike Pelletier
Managing Director, Investments
DivcoWest

7.1 Attachment 5 - Letter of Commitment

163

DATE: February 6, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Assistant City Manager
DEPARTMENT: City Manager
SUBJECT: DISCUSSION ON THE CHAMBER SAN MATEO COUNTY

PROGRESS SEMINARS

RECOMMENDATION
It is recommended that the City Council, by Minute Order, receive and accept the report on the Chamber San Mateo County (SMC) Progress Seminars. Additionally, the City Council may discuss and provide direction regarding Council attendance of these annual seminars.

EXECUTIVE SUMMARY
At the January 9, 2023 City Council Special meeting, Mayor Froomin requested, and a majority of the Council supported, placing on a future agenda an item to have a broad discussion on the Chamber SMC Progress Seminars.

BACKGROUND/ANALYSIS
In October 2020, the new Chamber SMC was formed by joining San Carlos Chamber and Redwood City Chamber to form one regional chamber and collaborate for the benefit of all businesses in the region. Through events, advocacy, and opportunities to connect, the Chamber SMC ensures business voices are heard, diverse perspectives are shared, and leadership is fostered. Being a member of the Chamber allows members to play an integral role in shaping the economic future of the region. Approximately 1,400 business and organization members represent 85,000+ employees throughout the region. The Chamber SMC provides local and regional leadership on critical economic vitality issues, such as education, housing affordability, infrastructure, transportation, economic

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development, and government efficiency initiatives. Each year, the Chamber SMC hosts an annual Progress Seminar event.

The City Council’s Budget includes a $15,000 budget for travel, meals and lodging and other related expenses for attending conferences, events and meetings. The two conferences/events that are generally budgeted for are the League of California Cities (CalCities) Annual Conference and the Chamber SMC Annual Progress Seminars; however, it should be noted that the Council budget would not cover all five members attending both the CalCities conference and the Progress Seminars. It is up to each individual councilmember if they wish to attend one or both conferences. As an example, last year, three Councilmembers attended the 2022 Progress Seminar and the 2022 CalCities Annual Conference. Additionally, new Councilmembers and Mayors may also be interested in the League of California Cities New Mayors and Council Members Academy. It is up to the individual Councilmember to determine which conferences they would like to prioritize attending.

Pursuant to Cal. Govt. Code Section 36514.5, City Council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties. In 2006, pursuant to Cal. Govt. Code Section 53232.2, the City Council adopted a Reimbursement Policy for City Councilmembers (Resolution No. 2006-2) that specified official functions for which reimbursement of costs of attendance is authorized. The policy identifies meetings/events/conferences that were appropriate including San Mateo County Progress Seminar. The policy states that the City’s stewardship over the use of its limited public resources should be taken seriously and should consider the use of public resources only when there is a substantial benefit to the City. Such benefits include:
discussing the community’s concerns with state and federal officials; 2) participating in regional, state and national events whose activities affect the City; 3) attending educational seminars designed to improve the officials’ skill and informational levels; and 4) promoting public service and morale by recognizing such service.

The 2023 Progress Seminar is held from April 21 to April 23 at the Hyatt Regency in Sonoma. Registration cost is $800 and lodging for two nights is approximately $500. The Mayor requested this item to be agendized so the Council can have an open discussion regarding Council attendance of the Progress seminars. The Council may by Minute Order provide specific direction regarding Council attendance of the Progress Seminar following the discussion.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
Not Applicable

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement .

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DATE: February 6, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Derek Schweigart, Parks and Recreation Director
DEPARTMENT: Parks and Recreation
SUBJECT: PARKS AND RECREATION COMMITTEE'S 2022 YEAR END

REPORT, REVIEW OF MISSION STATEMENT, AND GOALS
FOR 2023

RECOMMENDATION
By Minute Order, accept the Parks and Recreation Committee's 2022 Year-End Report; approve the Mission Statement; and accept the Goals for 2023.

EXECUTIVE SUMMARY
Pursuant to Minute Order No. 802, each citizen advisory committee must prepare a written year-end report, review its mission statement, and prepare a written annual goals/work program for the upcoming year for presentation to the City Council meeting in the first quarter of each year.

At a special meeting on January 18, 2023, the Parks and Recreation Committee approved the following:

1. 2022 Year-End Report

2. Mission Statement

3. Goals for 2023
It is recommended that by Minute Order, the City Council accept the Parks and Recreation Committee’s 2022 Year-End Report, approve the Mission Statement, and accept the Goals for 2023.

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CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
There is no fiscal impact.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:

Attachment 1 - 2022 Parks and Recreation Committee Year-End Report Attachment 2 - Mission Statement and Goals for 2023

9.1 9.1 Staff Report

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City of Foster City
Parks and Recreation Committee – 2022 Year End Report

1. Convey citizen interests relevant to enhance the community’s parks and recreation opportunities.
•Interacted with residents and visitors in City parks to seek their feedback about Parks and Recreation. Conveyed feedback received to City staff. •Provided input and recommendations to staff regarding the Recreation Center Master Plan and Parks Improvement plan.

2. Actively promote parks and recreation activities within the city. •Attended Parks and Recreation sponsored events and actively promoted future activities.
•Invited the community to Parks and Recreation events by making announcements at City Council meetings and through various media including the Foster City Islander and social media sites.
•Participated in making a video about Foster City being a great place to live, work and play in part because of our great parks and recreation programs.

3. Actively engage the community through volunteering at Parks and Recreation Department community events.
a. Support the Parks and Recreation Department in COVID-19 programming efforts. •Conducted public meetings throughout COVID-19 pandemic using online and hybrid formats so that people could participate in person or remotely. b. Support the City’s Age Friendly Task Force and goals. •Assisted staff in selecting an age-friendly logo.

Volunteered at Parks and Recreation events, including July 4th activities, Summer Concert Series, Summer Days events, Classic Car Show, Rubber Ducky Race, Boat Parade, Halloween Festival, Fall Movie Night, Senior Showcase, City Tree Lighting, San Mateo Consolidated Fire Open House. Attended the PRC Retreat. Volunteer hours, including meeting attendance and training sessions, are estimated to be well over 100.

4. Present a quarterly article that utilizes a variety of media sources including the Foster City Islander and Parks and Recreation social media outlets on items that pertain to parks and recreation activities as appropriate.
•Authored an article about reasons to love Foster City, e.g., our 24 beautiful parks, which was submitted by the Chair and published in the Foster City Islander in February 2022.

9.1 Attachment 1 - 2022 Year End Report

169

•Authored an article about Activities for Seniors Age 55+ which was submitted by the Chair and published in the Foster City Islander in November 2022. •Posted events on Nextdoor and other social media outlets. •Provided oral reports about community events at monthly PRC meetings.

5. Review and make recommendations to the City Council on the City Manager’s annual proposed budget for parks and recreation pertaining to programs, levels of services, and capital improvement projects.
a. Recreation Center Master Plan
•Provided feedback and helped to advise the City Council on the Recreation Center Master Plan.
•Selected one Committee member and one alternate to serve on the Recreation Center Replacement Project Consultant Evaluation Committee in October. b. Park System Master Plan
c. Continue to research and support grant opportunities that fund Parks and Recreation •Encouraged staff to seek partnerships and apply for various grants. •Responsible for collecting donations during the summer concert series and other city-sponsored events. Total funds raised estimated to be $2,478.

9.1 Attachment 1 - 2022 Year End Report

170

Parks & Recreation Committee
Goals for 2023
Mission Statement: The Parks and Recreation Committee of the City of Foster City shall serve as an advisory committee to City Council and as an advisory forum between citizens and the Department of Parks and Recreation. The Parks and Recreation Committee shall act in the spirit of City Council priorities and Parks and Recreation Department goals and objectives in order to provide for a parks and recreation program that is responsive to the interests of Foster City citizens and strives for comprehensive community engagement by:

1.Vision for Parks, Facilities, and Programs: Study and evaluate City operated parks, facilities, programs, and operations to ensure they meet the current and future needs of the changing community and structure programs and facilities accordingly. Ongoing.

2.Safe and Well-Maintained Facilities and Parks: Study and evaluate City operated recreation facilities and parks to ensure current community needs are being met, while also participating in the development of the Parks System Improvement Plan that will provide guidance in long range planning to ensure land and resources are being used most effectively for the greatest community benefit. Ongoing.

3.Community Engagement: Engage with the greater Foster City community to receive input regarding open space, facilities, recreation programs and activities; with the goal of increasing community participation in parks, programs, and public spaces, and ensuring we meet the current needs of the community. Various engagement tools and strategies will be employed while reporting back to the Committee and City staff on findings. Ongoing.

4.Sustainability: Research and evaluate opportunities for local community partnerships with Foster City school districts, service clubs, youth sports, non-profit, and business organizations to enhance and sustain program offerings through shared efforts. Identify areas of interest for each organization to best meet common needs. The Committee should report back on areas of opportunity and feasibility. Ongoing.

9.1 Attachment 2-Mission Statement and Goals for 2023

171

DATE: February 6, 2023

TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager

FROM: Marlene Subhashini, Assistant City Manager
Marty Cooper, Chief Building Official
DEPARTMENT: Community Development
SUBJECT: RESOLUTION FOR OVERHIRE OF A CHIEF BUILDING

OFFICIAL AND BUILING INSPECTOR POSITION

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving the overhire of Chief Building Official and Building Inspector positions within the Building Division of the Community Development Department.

EXECUTIVE SUMMARY
The Chief Building Official and Building Inspector have announced that they will be retiring on May 2, 2023. Recruitment for these positions and finding qualified candidates in the current job market can take several weeks to accomplish. In an effort to proactively prepare and plan for the transition of duties associated with these key positions, staff is requesting that Council approve the overhire of these two positions.

The overhire would allow the Community Development Department to post the job announcements and start the recruitment process to fill the Chief Building Official and Building Inspector positions in advance of the actual vacancies. Should the Council authorize the overhire of the two positions, the period of overhire is expected to be for no more than 6 weeks. This timeframe will provide an opportunity for knowledge transfer and training of the new employees within the Department.

BACKGROUND/ANALYSIS

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The Community Development Department is organized into two Divisions – The Planning/Code Enforcement Division and Building Division (See Attachment 2 for CDD Org Chart). The Building Division is responsible for ensuring that all construction projects permitted within the City comply with the California Building Code, the Foster City Municipal Code and all other applicable codes and regulations. The Building Division currently consists of the following positions – Chief Building Official, Plan Examiner, Senior Building Inspector, Building Inspector, and two Permit Technicians. The Chief Building Official develops Building Division policies, interprets state laws and regulations, prepares the Building Division budget along with revenue projections, and supervises the work of the Building Division staff engaged in the implementation of building construction regulations and codes. The Building Inspector conducts on-site inspections of building construction activities to ensure that they are in compliance with approved plans and adopted codes and regulations.

The Chief Building Official and Building Inspector will be retiring on May 2, 2023.

Typically, recruitment for a vacant position starts right after or close to the actual date when the position becomes vacant. The recruitment process can take anywhere between 2-4 months before that position is successfully filled. However, in recent times, filling vacancies and finding qualified candidates has been a challenge given the current job market and when competing with other jurisdictions which have similar job openings.

An overhire can accelerate the filling of vacant positions by initiating the hiring process in advance of actual vacancies. It can be an effective tool for managing staffing transitions.

If given the ability to overhire, the current Chief Building Official will be able to provide cross training and be able to transfer institutional knowledge to the next Chief Building Official. Similarly, the overhire of the Building Inspector position will allow for cross training both on job site inspections, and off the field with permit reviews, etc. An overhire would potentially alleviate the gap in staffing thus minimizing the impacts to service levels to the community, and the reliance on outside consultants to fill these vacant positions.

Salary and fringe benefit savings from vacancies can help offset the cost of the overhire personnel. Typically, the date of an employee's appointment to an overhire position is designated as the start of the employee's probationary period.

Should the Council authorize the overhire of the two positions, the period of overhire is expected to be no more than 6 weeks. The actual period may be less depending on the start date of these positions. After May 2, 2023, there will be only one position of Chief Building Official and Building Inspector within the Community Development Department.

Additionally, the Senior Building Inspector is expected to retire in the later part of 2023.

Staff will continue to review and monitor the staffing needs of the Department and will bring recommendations as needed to the City Council for their consideration if need be.

California Environmental Quality Act

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Not Applicable

FISCAL IMPACT
The Plan Examiner position within the Building Division was vacant from November 2021 to December 2022. The calculated salary savings from the first six months of FY 2022- 2023 was $131,153. The expected salary and benefits for the overhire of the Chief Building Official and Building Inspector for a period of 6 weeks would be approximately $49,668.

Annual Salary Savings Plan Examiner (6 months) $131,153 Chief Building Official Salary and Benefits (6 weeks) $29,373 Building Inspector Salary and Benefits (6 weeks) $20,295 Over-hire Total Salary and Benefits $49,668
Remaining Salary & Benefits Savings $81,485
As demonstrated above, the salary savings from the vacant Plan Examiner position can fully offset the costs of the salary and benefits of the two overhire positions from mid- March – May 2, 2023 in the current FY 22-23 budget under Regular Salaries. From May 3, 2023 upon the retirement of the current Chief Building Official and Building Inspector, there will be no additional fiscal impact. The six-week overhire time period in FY 22-23 is estimated at $49,668 for the two positions.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
This action is consistent with the City Council’s mission to deliver equitable services that are customer-focused and advances "Staff Empowerment and Operational Excellence" Value/Priority Area. This action will support the Community Development Department’s staffing needs to deliver efficient and exceptional services to the community.

ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Community Development Department Organization Chart

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2 5
0 RESOLUTION NO. _______

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

APPROVING THE OVERHIRE OF THE CHIEF BUILDING OFFICIAL AND BUILDING

INSPECTOR POSITIONS

CITY OF FOSTER CITY
WHEREAS, the Building Division of the Community Development Department, consists of six (6) full time employees, and
WHEREAS, the Chief Building Official and Building Inspector have announced their retirement date effective May 2, 2023; and
WHEREAS, the City wishes to have a staffing transition plan by doing an overhire in order to fill the vacancy of the positions; and
WHEREAS, the overhire would allow the Community Development Department to post the job announcement and start the recruitment process to fill these positions in advance of the actual vacancies; and
WHEREAS, the overhire of the Chief Building Official and Building Inspector positions would provide the ability to train the new employees within the Department; and WHEREAS, these positions will also perform duties concurrent with the Chief Building Official and Building Inspector as part of their training; and WHEREAS, the Community Development Department has sufficient salary savings in FY 22-23 due to vacancies which can fully offset the costs for these two overhire positions for a period of six (6) weeks.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Foster does hereby approve the overhire of two full time positions of Chief Building Official and Building Inspector for a period of no more than six (6) weeks until May 2, 2023.

10.1 Attachment 1 - Resolution

175

2 5
0 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

10.1 Attachment 1 - Resolution

176

Community
Development
Director
Planning Manager
Senior Planner
(limited 5 year term)
Associate/Senior
Planner
Assistant/Associate
Planner
Housing Services
Coordinator
Code Enforcement
Officer I/II
Management
Analyst
Management
Assistant
Admin
Assistant/Office
Assistant*
Chief Building
Official
Plans Examiner
Sr. Building
Inspector
Building Inspector
Permit Tech II
Permit Tech I
Attachment 2

10.1 Attachment 2 - Community Development Department Organization Chart

177

DATE: February 6, 2023

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

FROM: Stefan Chatwin, City Manager
DEPARTMENT: City Manager
SUBJECT: Consideration of the Addition of an Administrative Services Director Job Classification, Amendment of the Human Resources Manager Job Classification, and Amendment of the Pay Plan to Include the Pay Range for Administrative Services Director and Update the Pay Range for Human Resources Manager

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (City Council) adopt the attached resolutions:
•Approving the job classification for a new Administrative Services Director •Approving an updated job classification for a Human Resources Manager •Approving the updated pay plan effective February 6, 2023, including the pay range for the new Administrative Services Director and the updated pay range for the Human Resources Manager

EXECUTIVE SUMMARY
The City Manager has observed the organizational structure and determined that the creation of an Administrative Services Department is necessary for enhanced organizational effectiveness, collaboration, and efficiency. Staff is requesting the City Council approve a new job classification for Administrative Services Director, an

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upgraded job classification for Human Resources Manager, and an updated pay plan effective February 6, 2023. Under the Administrative Services Department model, the Administrative Services Director would replace the Human Resources Director. A Human Resources Manager position would be filled and the Senior Human Resources Analyst would remain vacant.

BACKGROUND
The Human Resources Department currently consists of a Human Resources Director, Senior Human Resources Analyst, Human Resources Analyst, and Human Resources Technician. In November 2022, the Human Resources Director position became vacant when the then Director accepted a role in a different organization. Shortly after, the Senior Human Resources Analyst resigned. Both the Human Resources Director and Senior Human Resources Analyst positions have been vacant since November 2022.

The City Manager has temporarily taken on the role of Human Resources Director and Risk Manager with assistance from the Principal Management Analyst in the City Manager Department due to the vacancies in the Human Resources Department.

The City’s Information Technology division currently falls under the City Manager Department and consists of an Information Technology Manager, two Senior Systems Analysts, one Information Technology Analyst I, and one vacant Technology Analyst I/II position. The Information Technology Manager reported directly to the former Deputy City Manager; however, when that position became vacant in November 2022, the City Manager Department’s Principal Management Analyst was tasked with supervising the Information Technology Manager.

ANALYSIS
After evaluating staffing needs due to vacancies and temporary reporting structures, the City Manager has determined a need to create a new Administrative Services Department inclusive of Human Resources, Risk Management, Information Technology, and citywide administrative functions. The Department would be led by an Administrative Services Director providing direct supervision to a Human Resources Manager and Information Technology Manager. The Administrative Services Director would serve as the City’s Risk Manager.

To create this new department, the Human Resources Director would be reclassified as Administrative Services Director and the Human Resources Manager position would be upgraded. A new job classification has been created for Administrative Services Director, and the pay range would be equal to the current Human Resources Director pay range. A Human Resources Manager job classification previously existed; however, the position was never filled. The job description and pay range for Human

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Resources Manager have been updated to more accurately reflect the role and level of responsibility commensurate with the position of Human Resources Manager. The Senior Human Resources Analyst position would remain on the pay plan for potential future staff development and for the purposes of succession planning, but the position would be vacant and unfunded unless a future budgetary request were approved by City Council. The Information Technology Division would be moved from the City Manager Department to the Administrative Services Department.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no cost associated with converting the Human Resources Director to an Administrative Services Director. The cost to convert the Senior Human Resources Analyst to a Human Resources Manager is approximately $66,403, including salary and benefits, per year under the existing and proposed pay plans. The difference in monthly salary is $2,854.83 at top step. No appropriation is required to fund the positions for Fiscal Year 2022/2023 due to salary savings; however, the increased cost would be added to future years’ budgets.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 – City Resolution (Administrative Services Director) Attachment 2 – EMID Resolution (Administrative Services Director) Attachment 3 – Administrative Services Director Job Classification Attachment 4 – City Resolution (Human Resources Manager) Attachment 5 – EMID Resolution (Human Resources Manager) Attachment 6 – Human Resources Manager Job Classification Attachment 7 – City Resolution (Pay Plan)
Attachment 8 – EMID Resolution (Pay Plan)
Attachment 9 – 2022-2023 Pay Plan effective February 6, 2023

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Attachment 10 – Existing Organizational Charts for City Manager Department and Human Resources Department
Attachment 11 – Proposed Organizational Charts for City Manager Department and Administrative Services Department

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2 6
0 RESOLUTION NO.____________

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

THE JOB CLASSIFICATION OF ADMINISTRATIVE SERVICES DIRECTOR

CITY OF FOSTER CITY
WHEREAS, the City has adopted a classification plan of job class titles with associated distinguishing characteristics, examples of duties, statements of desired knowledge, skills and abilities, and minimum qualifications for each class; and WHEREAS, there is a need to periodically evaluate and revise the requirements of those classes; and
WHEREAS, the City Manager has determined a need for the job classification of Administrative Services Director; and
WHEREAS, job classifications require adoption by the City Council in order to fill the positions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the addition of the Administrative Services Director job classification attached as Exhibit A effective February 6, 2023.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 6th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

10.2 Attachment 1 - City Resolution (Administrative Services Director)

182

2 6
1 RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ADDING THE JOB CLASSIFICATION OF

ADMINISTRATIVE SERVICES DIRECTOR

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the District has adopted a classification plan of job class titles with associated distinguishing characteristics, examples of duties, statements of desired knowledge, skills and abilities, and minimum qualifications for each class; and WHEREAS, there is a need to periodically evaluate and revise the requirements of those classes; and
WHEREAS, the District Manager has determined a need for the job classification of Administrative Services Director; and
WHEREAS, job classifications require adoption by the Board of Directors in order to fill the positions.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby approve the addition of the Administrative Services Director job classification attached as Exhibit A effective February 6, 2023.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 6 th day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

10.2 Attachment 2 - EMID Resolution (Administrative Services Director)

183

February 2023
FLSA: Exempt

ADMINISTRATIVE SERVICES DIRECTOR

DEFINITION
Under administrative direction, plans, organizes, manages, and provides administrative direction and oversight for all functions and activities in the Administrative Services Department including planning and execution of all human resources, risk management, and information technology programs and activities and other functional areas as assigned by the City Manager; functions as the City’s Risk Manager; formulates departmental policies, goals, and directives; coordinates assigned activities with other City departments and with intergovernmental and regulatory agencies and various public and private groups; provides highly responsible and complex professional assistance to the City Manager in areas of expertise; and performs related work as required.

SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the City Manager. Exercises direct supervision over supervisory, professional, technical, and administrative support staff through subordinate levels of supervision.

CLASS CHARACTERISTICS
This is a department director classification that oversees, directs, and participates in all activities of the Administrative Services Department, including short- and long-term planning as well as development and administration of departmental policies, procedures, and services. This class provides assistance to the City Manager in a variety of administrative, coordinative, analytical, and liaison capacities. Successful performance of the work requires knowledge of public policy, municipal functions, and activities, including the role of City Council, and the ability to develop, oversee, and implement projects and programs in a variety of areas. Responsibilities include coordinating the activities of the department with those of other departments and outside agencies and managing and overseeing the complex and varied functions of the department. The incumbent is accountable for accomplishing departmental planning and operational goals and objectives, and for furthering City goals and objectives within general policy guidelines.

EXAMPLES OF TYPICAL JOB FUNCTIONS (Illustrative Only)
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
➢Assumes full management responsibility for all Administrative Services Department programs, services, and activities, including human resources, risk management, and information technology functions.
➢Oversees the City’s general liability, property, worker’s compensation and other related insurance and safety programs.
➢In conjunction with the City Attorney, provides risk management review and guidance to management, supervisors and staff regarding existing or proposed City activities, programs and projects to enhance safety and identify and reduce associated risks to acceptable levels. ➢Oversees the City’s claims administration process and monitors the City’s risk management claims and incurred losses.

10.2 Attachment 3 - Administrative Services Director Job Classification

184

Administrative Services Director

Page 2 of 4 ends

Foster City City CouncilFebruary 6, 2023

Foster City City Council
February 6, 2023