Agenda packet — Foster City City Council, February 21, 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/81961806363 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercity‐ org.zoom.us/j/8196180636
To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 819 6180 6363
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

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

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

Clearly indicate the Agenda Item No. or specify “Public” in the Subject Line for items not on the agenda Include the submitter’s full name (Recommended but not required) Written public comments received by 4:00 p.m. the day of the meeting will be provided in their entirety to the City Council prior to the meeting and will be made part of the written record but will not be read verbally at the meeting.

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

AGENDA
Tuesday, February 21, 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. 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.

5. 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.

5.1. City/EMID Special Meeting Minutes of January 30, 2023

5.2. City/EMID Regular Meeting Minutes of February 6, 2023

5.3. 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 C2/pd (General Business/Planned Development Combining) District With an Amended General Development Plan to Allow Research and Development (R&D) Use – APN 094512080 RZ2021 0006 (First Reading February 6, 2023)
a) Adopt Ordinance

5.4. a) A Resolution of the City Council of the City of Foster City Authorizing the City Manager to Execute the Amended Grant Letter of Agreement with the Gilead Foundation; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the City Manager to Execute the Amended Grant Letter of Agreement with the Gilead Foundation
c) Staff Report
d) Adopt Resolutions

5.5. a) A Resolution of the City Council of the City of Foster City Extending the Proclamation of the Existence of a Local Emergency Caused by the Threat of the Novel COVID19 Virus, and Proclaiming the Continuing Need for the City Council, Planning Commission and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Proclaiming the Continuing Need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to Meet by Teleconference and Allowing for Increased Meeting Accessibility via in Person and Teleconference Meeting Participation c) Staff Report
d) Adopt Resolutions

5.6. Issuance of Request for Proposals for Street Sweeping Services (June 1, 2023 to December 31, 2025)
a) Staff Report
b) Approve Issuance of Request for Proposals

5.7. Approval of Plans and Specifications and Authorization to Call for Bids for the Street Rehabilitation Project Fiscal Year 20212022 (CIP 301703) and Park Pathway Restoration Project Fiscal Year 20212022 (CIP 301702) a) Staff Report
b) Approve Plans and Specifications and Authorization to Call for Bids

6. NEW BUSINESS

6.1. Interview and by Minute Order Consider Appointment of One Citizen to a New Full Term from January 1, 2023 through December 31, 2025 on the Audit Committee: Vijay Dodd and Sairam Vengala
a) Staff Report
b) Take Action By Minute Order

7. REPORTS

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

7.2. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

7.3. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program Update for Quarter 4 – October Through December 2022
a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

8. RESOLUTIONS FOR ADOPTION

8.1. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Two (2) in the Not to Exceed Amount of $2,394,710.81 with Tanner Pacific, Inc., for the Extension of Construction Management and Support Services for the Levee Protection Planning and Improvements Project (CIP 327657)
a) Staff Report
b) Action – Adopt Resolution

8.2. Consideration of a Policy for Requesting to Add Items to a Future Agenda a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Adopting a Policy for Requesting to Add Items to a Future Agenda; and c) Action A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting a Policy for Requesting to Add Items to a Future Agenda

8.3. Consideration of Upgrading the Position of Management Coordinator to the Position of Management Analyst I in the City Manager Department a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Upgrading the Position of Management Coordinator to the Position of Management Analyst I in the City Manager Department and Appropriating $10,620.75 for Employee Services Costs in the City Manager Department General Fund Budget; and
c) Action A Resolution of the Board of Directors of the Estero Municipal Improvement District Upgrading the Position of Management Coordinator to the Position of Management Analyst I In the City Manager Department and Appropriating $10,620.75 for Employee Services Costs in the City Manager Department General Fund Budget

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 31, 2023 and February 1, 2023 and ACH were processed on February 1, 2023.
a) Information Item Only
b) No Action Required

10. 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.

11. ADJOURNMENT
The public is invited to attend.

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

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

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

LIVE every 1st and 3rd Monday of the month
REPLAY next day at 1:00 pm (that week only)
REPLAY Saturday at 5:00 pm (only on Saturday the week the actual meeting occurs) City Council meetings on https://www.fostercity.org/community/page/fctvlivestream:

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

1 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, February 21, 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. 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.

5.1. City/EMID Special Meeting Minutes of January 30, 2023

5.2. City/EMID Regular Meeting Minutes of February 6, 2023

5.6. Issuance of Request for Proposals for Street Sweeping Services (June 1, 2023 to December 31, 2025)
a) Staff Report
b) Approve Issuance of Request for Proposals

6. NEW BUSINESS

7. REPORTS

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

7.2. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 31, 2023 and February 1, 2023 and ACH were processed on February 1, 2023.
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

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

2 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, February 21, 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. 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.

5.1. City/EMID Special Meeting Minutes of January 30, 2023

5.2. City/EMID Regular Meeting Minutes of February 6, 2023

5.6. Issuance of Request for Proposals for Street Sweeping Services (June 1, 2023 to December 31, 2025)
a) Staff Report
b) Approve Issuance of Request for Proposals

6. NEW BUSINESS

7. REPORTS

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

7.2. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 31, 2023 and February 1, 2023 and ACH were processed on February 1, 2023.
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

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

3 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, February 21, 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. 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.

5.1. City/EMID Special Meeting Minutes of January 30, 2023

5.2. City/EMID Regular Meeting Minutes of February 6, 2023

5.6. Issuance of Request for Proposals for Street Sweeping Services (June 1, 2023 to December 31, 2025)
a) Staff Report
b) Approve Issuance of Request for Proposals

6. NEW BUSINESS

7. REPORTS

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

7.2. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 31, 2023 and February 1, 2023 and ACH were processed on February 1, 2023.
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

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

4 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, February 21, 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. 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.

5.1. City/EMID Special Meeting Minutes of January 30, 2023

5.2. City/EMID Regular Meeting Minutes of February 6, 2023

5.6. Issuance of Request for Proposals for Street Sweeping Services (June 1, 2023 to December 31, 2025)
a) Staff Report
b) Approve Issuance of Request for Proposals

6. NEW BUSINESS

7. REPORTS

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

7.2. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 31, 2023 and February 1, 2023 and ACH were processed on February 1, 2023.
a) Information Item Only
b) No Action Required

11. ADJOURNMENT
The public is invited to attend.

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

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

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

5 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54953 (AS AMENDED BY AB 361) WHICH AUTHORIZES TELECONFERENCED MEETINGS UNDER THE BROWN ACT DURING CERTAIN PROCLAIMED STATES OF EMERGENCY.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, February 21, 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. 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.

5.1. City/EMID Special Meeting Minutes of January 30, 2023

5.2. City/EMID Regular Meeting Minutes of February 6, 2023

5.6. Issuance of Request for Proposals for Street Sweeping Services (June 1, 2023 to December 31, 2025)
a) Staff Report
b) Approve Issuance of Request for Proposals

6. NEW BUSINESS

7. REPORTS

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

7.2. Recreation Center Rebuild Project (CIP 301678) – General Update a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on January 31, 2023 and February 1, 2023 and ACH were processed on February 1, 2023.
a) Information Item Only
b) No Action Required

11. 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
SPECIAL MEETING OF JANUARY 30, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/ EMID BOARD OF DIRECTORS
The duly called and noticed special meeting of the City Council of the City of Foster City (City), sitting as said Council and as ex officio the Board of Directors of the Estero Municipal Improvement District (EMID) of January 30, 2023 was called to order at 9:00 a.m. in the Community Center Wind Room,1000 East Hillsdale Boulevard, Foster City, San Mateo County, California, by Mayor/President Jon Froomin.

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, Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

STUDY SESSION
Mayor/President Froomin recessed the meeting into study session for City Council Vision and Policy Summit.

Meeting recessed into study session at 9:03 a.m. and reconvened at 3:00 p.m.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 3:00 p.m.

5.1 Minutes

7 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF FEBRUARY 6, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of February 6, 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, Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Edmund Suen, Finance Director; Tracy Avelar, Police Chief; Derek Schweigart, Parks and Recreation Director, Sofia Mangalam, Community Development Director; Frank Fanara, Parks Manager; 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 RECOGNIZING FEBRUARY 2023 AS BLACK HISTORY MONTH.

Councilmember Hindi presented the Proclamation in Recognizing February 2023 as Black History Month to Bill Stewart, President of the Foster City Association of Black Residents, and Alexis Lewis, Vice President & Political Action Chair, San Mateo NAACP, and representative of the Island United Church of Foster City.

PROCLAMATION RECOGNIZING JANUARY 2023 AS HUMAN TRAFFICKING PREVENTION MONTH.

5.2 Minutes

8 Councilmember Jimenez presented the Proclamation Recognizing January 2023 as Human Trafficking Prevention Month to Pamela Estes, San Mateo County Human Trafficking Program Coordinator.

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

City/EMID Consent Calendar

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

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

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

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

5. City Ordinance No. 661, “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;” and

6. City Resolution No. 2023-11, “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.”

PUBLIC HEARINGS
RECOMMENDATION THAT THE CITY COUNCIL APPROVE 1) A CLASS 1 CATEGORICAL EXEMPTION (CEQA SECTION 15301-EXISTING FACILITIES)

RELATED TO THE ADDITION OF RESEARCH AND DEVELOPMENT (R&D) USES AT

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9 CENTURY PLAZA OFFICE BUILDING PURSUANT OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (EA2021-0005); AND 2) AN ORDINANCE TO

AMEND 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 AND A PARKING REDUCTION TO A TOTAL OF 327 PARKING SPACES (RZ2021-0006) Planning Manager Le presented the staff report.

Michael Pelletier, Managing Director at DivcoWest, gave a presentation.

Mayor Froomin opened a public hearing to hear and consider comments regarding a recommendation that the City Council Approve 1) 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) an Ordinance to Amend 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 and a Parking Reduction to a Total of 327 Parking Spaces (RZ2021-0006).

No public testimony was received.

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

Discussion ensued.

Motion by Councilmember Kiesel, seconded by Councilmember Hindi, and carried unanimously by roll call vote, 5-0-0, to 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 to introduce the ordinance by title and waive further reading, and pass to second reading “An Ordinance to Amend 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 and a Parking Reduction to a Total of 327 Parking Spaces (RZ2021-0006).”

NEW BUSINESS
CHAMBER SAN MATEO COUNTY PROGRESS SEMINARS. MINUTE ORDER NO. 1898.

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10 Assistant City Manager Subhashini presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 1898, to receive and accept the report on the Chamber San Mateo County (SMC) Progress Seminars.

REPORTS
PARKS AND RECREATION COMMITTEE 2022 YEAR END REPORT, REVIEW OF MISSION STATEMENT, AND GOALS FOR 2023. MINUTE ORDER NO. 1899.

Parks and Recreation Director Schweigart introduced former Parks and Recreation Committee Chair for 2022 and current Member Doris Duncan, who presented the 2022 Year End Report, Review of the Mission Statement, and Goals for 2023.

Discussion ensued.

Motion by Councilmember Kiesel, seconded by Vice Mayor Sullivan, and carried unanimously, 5-0-0, adopting Minute Order No. 1899, to receive and accept the Parks and Recreation Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023.

RESOLUTIONS FOR ADOPTION

OVERHIRE OF THE CHIEF BUILDING OFFICIAL AND BUILDING INSPECTOR POSITIONS. CITY RESOLUTION NO. 2023-12.

Assistant City Manager Subhashini presented the staff report.

Discussion ensued.

Motion by Councilmember Kiesel, seconded by Councilmember Hindi, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-12, “A Resolution of the City Council of the City of Foster City Approving the Overhire of the Chief Building Official and Building Inspector Positions.”

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. CITY RESOLUTION NO. 2023-13. EMID RESOLUTION NO. 3704. CITY RESOLUTION NO. 2023-14. EMID RESOLUTION NO. 3705. CITY RESOLUTION NO. 2023-15. EMID RESOLUTION NO. 3706.

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11 City Manager Chatwin presented the staff report.

Discussion ensued.

Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Kiesel, and carried, 5-0-0, adopting City Resolution No. 2023-13, “A Resolution of the City Council of the City of Foster City Adding the Job Classification of Administrative Services Director;” EMID Resolution No. 3704 “A Resolution of the Board of Directors of the Estero Municipal Improvement District Adding the Job Classification of Administrative Services Director;” City Resolution No. 2023-14, “A Resolution of the City Council of the City of Foster City Amending the Job Classification of Human Resources Manager;” EMID Resolution No. 3705 “A Resolution of the Board of Directors of the Estero Municipal Improvement District Amending the Job Classification of Human Resources Manager;” City Resolution No. 2023-15, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Amended Pay Plan Effective February 6, 2023;” and EMID Resolution No. 3706 “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Amended Pay Plan Effective February 6, 2023.”

OLD BUSINESS
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. CITY RESOLUTION NO. 2023-16.

Parks and Recreation Director Schweigart presented the staff report.

The following people addressed the City Council in person:

1. Denise Bolbol; and

2. Pat Cuviello.

The following people addressed the City Council via teleconference:

1. Rasa Petrauskaite;

2. Susan Lessin;

3. John Epperson, representing Sequoia Audubon Society;

4. Judy Goldstein;

5. Shireef Elmakawi;

6. Erik Allen;

7. Amanda;

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12 8. Mark; and

9. Tonya Moore.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-16, “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.”

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

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.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin welcomed Community Development Director Sofia Mangalam to her new position.

Councilmember/Director Kiesel attended the San Mateo County Pre-Hospital Emergency Services Medical Group meeting on January 26 and they discussed communication systems and employee retention. He also attended the Council of Cities meeting on January 27 and they discussed housing.

Councilmember/Director Jimenez attended the San Mateo Union High School District Board Meeting on January 26 and invited the community to share any topics they would like to discuss related to the District. On February 1, she attended the Youth Advisory Committee meeting and invited the community to attend the Youth Advisory Committee Spaghetti Feed on April 27. She thanked and welcomed the organizers of the Inagi City Sister City delegation visit. She also welcomed Community Development Director Mangalam.

Councilmember/Director Hindi attended the Bay Area Water Supply and Conservation Agency (BAWSCA) Board meeting on January 19 and they discussed the water supply.

On January 26, he attended the Peninsula Clean Energy (PCE) meeting where they discussed the goal of having 100% renewable energy by 2025, and he reminded the public that PCE members save 5% over PG&E rates. On February 1, he attended the San Francisco Airport Community Round Table meeting and they discussed suggestions

5.2 Minutes

13 regarding noise reduction, including changes in flight paths. He also recognized Black History month.

Vice Mayor/Vice President Sullivan welcomed new Community Development Director Mangalam. On January 25, he attended the San Mateo Consolidated Fire Department Board meeting with Mayor Froomin. On January 26, he attended the Airport Land Use Committee meeting and they discussed housing development. Also on January 26, he attended the City/County Association of Governments Congestion Management and Environmental Quality (CMEQ) meeting. On January 30, he attended the City Council Vision and Policy Summit. February 4, he attended the Inagi City Sister City dinner and said it was a great event. On February 6, he attended the Library Joint Powers Board meeting. He requested a moment of silence in honor of the victims at the recent shooting in Half Moon Bay. He also requested an agenda item on starting a community garden and majority of the City Council supported the request, which will initially be brought to the Parks and Recreation Committee.

Mayor/President Froomin stated that he attended the San Mateo Consolidated Fire Board meeting on January 25 and new board members were sworn in. On January 26, he attended the South Bayside Waste Management Authority (SBWMA) Board meeting and they discussed operational efficiency of the Shoreway facility. Also on January 26, he attended an Emergency Services Council meeting where they discussed creating a Countywide evacuation plan. On January 30, he attended the City Council Vision and Policy Summit and stated it was well organized. On February 4 and 5, he attended the Foster City Sister City Inagi City delegation events and thanked the Foster City Sister City Association and community groups and schools for organizing events for the visit. He welcomed Community Development Director Mangalam. He requested to agendize a review of the process for agendizing items, and the request was supported by majority of the City Council.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 8:53 p.m.

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14 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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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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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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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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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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This Ordinance was introduced and read on the 6th day of February, 2023, and passed and adopted on the 21st 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 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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EXHIBIT B
General Development Plan Graphic for the 5.135-acre parcel at 1065 East Hillsdale Boulevard

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22 DATE: February 21, 2023

TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager

FROM: Julie Paping, Principal Management Analyst
DEPARTMENT: City Manager
SUBJECT: Amended Grant Letter of Agreement with the Gilead Foundation.

RECOMMENDATION
It is recommended that the City Council/District Board (City Council) adopt the attached resolutions authorizing the City/District Manager (City Manager) to execute the amended Grant Letter of Agreement with Gilead Foundation extending the disbursal of funds deadline to May 16, 2025.

EXECUTIVE SUMMARY
The City of Foster City/Estero Municipal Improvement District (City) was awarded a grant in the amount of $500,000 by the Gilead Foundation to be applied toward costs for the Recreation Center Replacement Project (CIP 301-678) specifically related to sustainability, energy efficiency, and other green building measures. The City Council authorized the City Manager to execute a Grant Letter Agreement for the receipt of funds; with the disbursal of funds deadline dated May 16, 2023. This deadline date was erroneous and therefore, staff is recommending the City Council authorize the City Manager to execute an amended Grant Letter Agreement with a revised disbursal of funds deadline of May 16, 2025.

BACKGROUND/ANALYSIS

5.4 5.4 Staff Report

23 In October 2022, staff applied for grant funding from the Gilead Foundation for the Recreation Center Replacement Project (CIP 301-678). The grant funding would be applied directly toward costs associated with the goal of attaining LEED Silver certification or equivalent and incorporating sustainability features in the project design and construction. The project team has discussed and is targeting various LEED improvement categories for the Recreation Center Replacement Project, including water use reduction and optimized energy performance. The list of LEED improvement categories will be refined as the project progresses, and the goal is to achieve LEED Silver Certification or equivalent for the new Recreation Center.

On December 12, staff was notified by the Gilead Foundation that the City would be awarded $500,000 in grant funding. They requested that a Grant Letter Agreement be signed and returned no later than December 23. Therefore, it was necessary for the City Council to authorize the City Manager to execute the Grant Letter Agreement in order for the funds to be issued.

At its Regular Meeting on December 19, 2022, the City Council authorized the City Manager to execute the Grant Letter Agreement. However, the original Grant Letter Agreement included a disbursal of funds deadline of May 16, 2023. This was an error as it is not feasible for the City to expend funds by that date; therefore, the Grant Letter Agreement has been amended to include an updated disbursal of funds deadline of May 16, 2025. Staff, with input from the project design consultant, is confident that the City will expend a minimum of $500,000 toward green building measures, including design, for the project by the updated disbursal of funds deadline.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
Grant funds in the amount of $500,000 were received from the Gilead Foundation on December 22, 2022 and accepted to account no. 301-0000-369-1608. Executing the amended Grant Letter Agreement extends the deadline by which the City must expend the grant funds to May 16, 2025.

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

5.4 5.4 Staff Report

24 Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - Amended Grant Letter Agreement

5.4 5.4 Staff Report

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RESOLUTION NO.____________

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

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED GRANT LETTER OF AGREEMENT WITH THE GILEAD FOUNDATION.

CITY OF FOSTER CITY
WHEREAS, staff applied for grant funding from the Gilead Foundation to be applied toward costs for the Recreation Center Replacement Project (CIP 301-678) specifically related to sustainability, energy efficiency, and other green building measures; and
WHEREAS, staff was notified on December 12, 2022 by the Gilead Foundation that the City was awarded grant funding in the amount of $500,000; and WHEREAS, on December 19, 2022, the City Council approved a resolution authorizing the City Manager to execute a Grant Letter of Agreement with the Gilead Foundation and the receipt of grant funding in the amount of $500,000 to account no. 301-0000-369-1608; and
WHEREAS, the executed Grant Letter of Agreement included an erroneous disbursal of funds deadline of May 16, 2023, and the deadline was updated to May 16, 2025 in an amended Grant Letter of Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the City Manager to execute the amended Grant Letter of Agreement with the Gilead Foundation.

5.4 Attachment 1 - City Resolution

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PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the Regular Meeting held on the 21st day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.4 Attachment 1 - City Resolution

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RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT AUTHORIZING THE DISTRICT MANAGER TO EXECUTE

THE AMENDED GRANT LETTER OF AGREEMENT WITH THE GILEAD
FOUNDATION.

CITY OF FOSTER CITY
WHEREAS, staff applied for grant funding from the Gilead Foundation to be applied toward costs for the Recreation Center Replacement Project (CIP 301-678) specifically related to sustainability, energy efficiency, and other green building measures; and
WHEREAS, staff was notified on December 12, 2022 by the Gilead Foundation that the City was awarded grant funding in the amount of $500,000; and WHEREAS, on December 19, 2022, the Board of Directors approved a resolution authorizing the District Manager to execute a Grant Letter of Agreement with the Gilead Foundation and the receipt of grant funding in the amount of $500,000 to account no. 301-0000-369-1608; and
WHEREAS, the executed Grant Letter of Agreement included an erroneous disbursal of funds deadline of May 16, 2023, and the deadline was updated to May 16, 2025 in an amended Grant Letter of Agreement.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the District Manager to execute the amended Grant Letter of Agreement with the Gilead Foundation.

5.4 Attachment 2 - EMID Resolution

28 2
9 0
PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the Regular Meeting held on the 21 st day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

5.4 Attachment 2 - EMID Resolution

29 GILEAD FOUNDATION

GRANT LETTER OF AGREEMENT
12/12/2022

Julie Paping
Principal Management Analyst
City of Foster City/Estero Municipal Improvement District 610 Foster City Boulevard
Foster City, California 94404

Dear Julie:

On behalf of the Gilead Foundation (“Foundation”), I am pleased to inform City of Foster City/Estero Municipal Improvement District (“Grantee”) that your request for a grant to support the Foster City Recreation Center (“Project”), as set forth in greater detail in your grant proposal and budget 18994 has been approved in the amount of Five Hundred Thousand USD ($500000.00) (“Grant Funds”). Grant Funds must be used solely to support the Project. Please note that the Grant Funds may not be used to subsidize patient purchases of prescription medications.

The Foundation expects that Grant Funds will be disbursed on or around 30 days after 12/12/2022, however, no Grant Funds will be disbursed until the Foundation has received a signed copy of this Grant Letter of Agreement (“Letter Agreement”) from Grantee.

In accepting the Grant Funds, Grantee hereby agrees to the following terms and conditions:

1. Approved Use of Grant Funds. Grantee shall only use Grant Funds for the Project and only during the period beginning as of the date of disbursal through 5/16/2025 (“Grant Period”). Any material or substantive change in the Project must be approved by the Foundation in writing before Grant Funds may be spent for such material or substantive Project change.

2. R eport ing. Grantee shall , within thirty (30) days after the last day of the Grant Period, submit a written report to the Foundation (“ Final Report ”) containing the following information:
(a) A description of the progress and achievements of the Project; (b) A financial accounting of all expenditures of Grant Funds; (c) Copies of any publications resulting from the Project; and (d) Any other information reasonably requested by the Foundation related to the G rant Funds or the Project.

Grantee acknowledges that certain grant payments made by Foundation may be subject to reporting to the federal government and subsequent public disclosure under Section 6002 of the Patient Protection and Affordable Care Act (Open Payments), including (i) Grant Funds paid to

5.4 Attachment 3 - Amended Grant Letter Agreement

30 2

teaching hospitals and (ii) Grant Funds used by Grantee to make payments or other transfers of value to U.S.- licensed physicians or teaching hospitals in connection with the Project.

Accordingly, Grantee agrees to provide to Foundation any information necessary for such required reporting. If requested by Foundation, such information shall be included in the financial accounting described above and submitted on the reconciliation spreadsheet provided by Foundation within thirty (30) days after the last program event or activity date for which Grant Funds were used to support, or by February 1 of the following calendar year for reportable transfers of value disbursed in the previous calendar year, whichever comes first. Grantee shall also provide a copy of its Form 990, within 30 days after it is submitted, for each fiscal year within with Grant Funds are expended.

3. Term and Termination. The term of this Letter Agreement shall be from the first date on which both the Foundation and Grantee have executed this Letter Agreement through the three (3) month anniversary of the last day of the Grant Period. If the Foundation determines, in good faith and in its sole discretion, that Grantee has violated or failed to carry out any provision of this Letter Agreement, including but not limited to the failure to submit the Final Report when due, the Foundation may terminate this Letter Agreement effective as of the date of such determination. Upon termination or expiration of this Letter Agreement, Grantee shall, within fifteen (15) days, repay to the Foundation all Grant Funds (a) not expended or (b) expended not in accordance with the terms of this Letter Agreement. The Foundation may also avail itself of any other remedies available by law , including the right to enforce this agreement. Grantee will not challenge the right of the Foundation, or a representative of the Foundation, to bring legal action against Grantee in law or equity to enforce the terms of this Agreement.

4. R
ight of Inspection . The Foundation (or its designee) may, upon thirty (30) days notice, inspect Grantee’s books and records as they pertain to the use of the Grant Funds . In the event of any such inspection, Grantee will take precautions to avoid the disclosure to the Foundation of any individually identifiable health information. Upon any reasonable request made by the Foundation from time to time, Grantee shall submit to the Foundation any audited financial statements or auditor reports that are available for the fiscal year (s) (or portions of fiscal years) applicable to the term of this Letter Agreement.

5. I
ndemnification . Grantee irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the Foundation and its affiliates, officers, directors, employees and agents, from and against any and all claims, liabilities, losses and expenses (including reasonable attorneys’ fees) directly, indirectly, wholly or partially arising from or in connection with any act or omission of Grantee, its employees or agents, in applying for or accepting the Grant Funds, in expending or applying the Grant Funds or in carrying out the Project to be supported by the Grant Funds, except to the extent that such claims, liabilities, losses, or expenses result from or in connection with the negligence or willful misconduct of the Foundation.

6. R
elationship . Grantee is solely responsible for all activities supported by the Grant Funds, the content of any product created with the Grant Funds and the manner in which any such product may be disseminated. Grantee shall at no time hold itself out as an agent, p artner, subsidiary or affiliate of the Foundation for any purpose, and shall have no authority to act on behalf of or bind the Foundation to any obligation.

5.4 Attachment 3 - Amended Grant Letter Agreement

31 3

7. 501(c)(3) Compliance. Grantee shall not use any portion of the G rant Funds in a manner inconsistent with Internal Revenue Code Section 501(c)(3), including: (a) influencing the outcome of any specific election for candidates to public office; ( b) inducing or encouraging violations of law or public policy or (c) causing any private inurement or improper private benefit to occur.

8. No Lobbying. No portion of the Grant Funds may be used to influence legislation within the meaning of Internal Revenue Code Section 4945(e).

9. R epresentations, Warranties and Covenants . Grantee represents, warrants and covenants as follows:
(a) Grantee is an entity in good standing and is qualified as a public charity pursuant to sections 501(c)(3) and 509(a)(1), (2), or (3) of the Internal Revenue Code of 1986, as amended (the “Code”) at the time of payment of the G rant Funds and has provided Foundation with a copy of its determination letter from the Internal Revenue Service (“ IRS”) and its three most recent Forms 990 , provided, however , that (i) Grantee is not a “type III supporting organization” other than a “functionally integrated type III supporting organization” (both terms as defined in Code Section 4943(f)(5) and (ii) if Grantee is a “supporting organization” (as defined in Code section 509(a)(3)) no “disqualified person” of the Foundation directly or indirectly controls the supporting organization or a “supported organization” (as defined in Code Section 509(f)(3)) of the supporting organization
(b) Grantee represents and warrants that it has not been notified (orally or in writing) by the IRS, a state taxing authority, or the attorney general of a state with jurisdiction over Grantee that its status under Code sections 501(c)(3) or 509(a), its tax- exempt status under state law, or its compliance with other applicable law has been or may be changed or revoked, or that Grantee may no longer be able to make the representations in paragraph 9(a) above, and Grantee also agrees to provide Foundation with immediate written notification if there is any such notification or notification of an investigation to examine that status or compliance; (c) Grantee has the full right and authority to enter into and to carry out this Letter Agreement and that it has no obligations, commitments or restrictions that limit its ability to do so including, without limitation, as a condition to the receipt of any federal or state funds; (d) Grantee is not otherwise required under any contract or agreement with any third party to carry out the activities that are part of the Project; (e) Grantee will comply with all applicable federal, state, and local laws and regulations applicable to the Project, including without limitation, the federal healthcare program antikickback statute, 42 U.S.C. § 1320a-7b(b);
(f) Grantee will not include as a cost in any cost report, submitted for federal or state reimbursement purposes, any items provided to the Grantee under this Letter Agreement; (g) No third parties, including any f ederal or state health care programs or sources, will be billed nor will any reimbursement be sought for the cost of services or items

5.4 Attachment 3 - Amended Grant Letter Agreement

32 4
purchased through the use of G rant Funds pursuant to this Letter Agreement, or otherwise in connection with the Project;
(h) The Foundation is providing the Grant Funds and any ancillary support for the sole purpose of supporting the Project;
(i) The Grant Funds and any ancillary support provided by the Foundation are not provided as an inducement or reward for the purchase, use or recommendation of any pharmaceutical product manufactured or marketed by affiliates of the Foundation (including Gilead Sciences, Inc.) or to promote such products, and Grantee is not required to purchase, order, recommend, or prescribe to any patients any such products due to receipt of the Grant Funds; (j) If Grantee obtains individually identifiable health information about one or more individuals in connection with the Project, Grantee will safeguard any and all such individually identifiable health information, including against disclosure to the Foundation, and shall use or disclose said information only as permitted by applicable state and federal laws;

10. G
overnment Report ing Obligations . Grantee understands and agrees that the Foundation or its affiliates may be required to post or report to government entities all amounts disbursed to Grantee under this Letter Agreement. Grantee further agrees to provide, at the Foundation’s or its affiliates’ reasonable request, any information necessary for the Foundation or its affiliates to make such required posting or reporting.

11. Publication of Research . A ny information contained in publications, studies or presentation of the research funded by the G rant Funds shall be made available to the public following such reasonable requirements or procedures as the Foundation and Grantee may agree to from time to time. The Foundation shall have a non -exclusive, irrevocable right to use, reproduce and distribute any publications, studies or data produced in the course of the research funded through the Grant Funds, in its sole discretion.

12. Publicity. G
rantee shall not use the name of the Foundation or its affiliates, or the name of the Foundation’s or its affiliates’ employees, agents or assigns in any form of advertisement or publicity without first obtaining the Foundation’s or its affiliates’ written approval for such use. The Foundation and its affiliates reserve the right to use Grantee’s name in publicly-available materials describing Foundation grant disbursements.

13. Assignment. G rantee may not assign this Letter Agreement without the prior written consent of the Foundation.

14. Governing Law, Jurisdiction, Venue . A ll questions relating to the execution, interpretation and performance of this Letter Agreement shall be governed by the laws of the State of California, without giving effect to any choice of law or conflict of law provision or rule thereof, and any dispute between the parties shall be resolved in a court of competent jurisdiction in California. Grantee therefore consents and agrees as follows: (i) that such court shall have personal jurisdiction over it in any lawsuit relating to or arising out of this Agreement; (ii) that venue is proper in such court; and (iii) that service of process may be served on it outside California. Grantee hereby also waives any defense it may have of lack of personal jurisdiction, improper venue, or insufficiency of service of process in any lawsuits filed in such courts.

5.4 Attachment 3 - Amended Grant Letter Agreement

33 5

15. Miscellaneous. This Letter Agreement constitutes the entire understanding between the Foundation and Grantee and supersedes all prior written or oral proposals or agreements pertaining to the subject matter herein. Neither this Letter Agreement nor any other statement, oral or written, nor the disbursement of the Grant Funds, shall be interpreted to create any pledge or any commitment by the Foundation to make any other grant to Grantee. No modification of this Letter Agreement will be effective unless made in writing and executed by duly authorized representatives of the Foundation and Grantee. If any provision of this Letter Agreement is held invalid, all other provisions of this Letter Agreement shall remain in effect; provided, however, that the invalid provision may be modified by mutual written agreement of the Foundation and Grantee, an arbitrator or a court of law, as needed to make such provision valid.

This Letter Agreement may be executed in multiple counterparts, each of which shall be deemed as original, but all of which, when taken together, shall constitute one and the same instrument.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

5.4 Attachment 3 - Amended Grant Letter Agreement

34 6
Please sign below to indicate agreement to this Letter Agreement, make a copy for your files and return a signed copy to Kate Wilson , Executive Director, Gilead Foundation., 333 Lakeside Drive, Foster City, CA 94404 or by email to [email protected].

City of Foster City/Estero Municipal Improvement District By:

Name:

Title:

Date: _________________________
A
cknowledged and Agreed to:

GILEAD SCIENCES FOUNDATION, INC.

By:

Name:

Title:

Date: _________________________
Stefan Chatwin
City Manager
Kate Wilson
Executive Director

5.4 Attachment 3 - Amended Grant Letter Agreement

35 1
4 6
DATE: February 21, 2023

TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager

FROM: Julie Paping, Principal Management Analyst
DEPARTMENT: City Manager
SUBJECT: EXTENDING THE PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY, THE CONTINUING NEED FOR CITY

COUNCIL AND PLANNING COMMISSION AND COMMITTEES

TO MEET BY TELECONFERENCE OR HYBRID MEETING FOR

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

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors adopt the attached resolutions extending the proclamation of the existence of a local emergency caused by the threat of the novel Coronavirus (COVID-19), and proclaiming the continuing need for City Council/EMID Board of Directors, Planning Commission, and Committees to meet by teleconference and allow for increased meeting accessibility via in person and teleconference meeting participation (Attachments 1 and 2). The general update is informational only and no further action is required.

BACKGROUND/ANALYSIS
On March 4, 2020, Governor Gavin Newsom declared a State of Emergency in response to the outbreak of respiratory illness due to the novel Coronavirus (COVID19).

On March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the introduction of COVID19 in San Mateo County. On March 16, 2020, the County of San Mateo Public Health Officer

5.5 5.5 Staff Report

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issued an order to "shelter in place", effective March 17, 2020 at 12:01 am. This order, amongst other things, ceased non-essential activities in the County in an effort to mitigate the impacts of COVID-19. Essential City operations like police, fire, and wastewater treatment services, as well as the maintenance of critical infrastructure, are continuing to be provided. Most other City services have returned to pre-pandemic levels or have been reasonably modified (for a limited basis) in conjunction with the Health Officer’s order or to administer City operations.

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

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

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

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

To-date, the City Council has approved the continuation of the proclamation of the existence of a local emergency at its meetings on April 6, June 1, July 20, September 8, November 2, 2020, January 4, March 1, May 17, July 19, September 20, November 15, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, September 19, October 17, November 21, December 5, 2022, and January17, 2023. Per Government Code Section 8630, the City Council must reevaluate whether to continue the proclamation of the existence of a local emergency

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every sixty (60) days until the emergency is terminated. Given the conditions creating the local emergency have not entirely abated, one of the items for City Council consideration is to extend the proclamation.

Continuing In-Person/Teleconference Hybrid Meetings
Assembly Bill 361 (AB 361) was signed into law by the Governor on September 16, 2021. AB 361 comes as the provisions of Executive Order No. N-29-20 (as revised by Executive Order No. N-08-21), which modifies the requirements for conducting meetings via teleconference during the COVID-19 pandemic, expired on September 30, 2021. While the intent of Executive Order No. N-29-20 and AB 361 are both to facilitate public access to meetings via teleconferencing options, there are differences between the two. AB 361 amends the Brown Act to allow local legislative bodies to continue using teleconferencing and virtual meeting technology after the September 30, 2021 expiration of the current Brown Act exemptions as long as there is a “proclaimed state of emergency” by the Governor and certain findings are made regarding the need to conduct teleconferenced meetings.

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

Timeline
A summarized timeline of the various directives and orders as it pertains to the County of San Mateo, from the start of the pandemic to-date, is outlined in Attachment 3. At the outset of the pandemic, health orders were frequently changing in response to the varying COVID-19 case/transmission rates. City staff has since then provided updates to City Council at its regular meetings to keep both the City Council and the community abreast of any new developments on COVID-19 that may arise. The frequency of these updates transitioned to a monthly basis on March 2020. In alignment with the State's reopening, as well as the County of San Mateo ceasing its biweekly briefings, these updates are provided (for informational purposes only) on an as needed basis or every

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thirty (30) days when the proclamation of the existence of a local emergency is brought back to City Council for renewal (until no longer necessary) in conjunction with the findings of continuing the need to conduct teleconferenced meetings until no longer applicable. Timely updates and information will continue to be issued and available through the County of San Mateo directly, or on the City website and via the weekly eNewsletter.

Latest Updates
It is anticipated that Governor’s COVID-19 State of Emergency will be terminated on February 28, 2023. Therefore, this will likely be the last time the AB 361 findings are renewed. After the Governor’s State of Emergency is terminated, staff will bring forward a resolution to formally end the proclamation declaring a local emergency for City Council’s consideration.

Despite the imminent termination of the Governor‘s COVID-19 State of Emergency, data monitored by the County’s epidemiologists shows COVID-19 activity is high relative to historical comparisons, and the risk of COVID-19 infection continues to be high in San Mateo County. It is important that residents keep up to date with vaccinations and boosters, get tested if they have symptoms, and wear high-quality masks (N95/KN95) in settings where ventilation is poor or for those at high risk for severe disease or illness.

As of February 5, 2023, most State-sponsored Test-to-Treat sites in San Mateo County closed due to underutilization. Information on active testing locations in San Mateo County can be found at https://www.smcgov.org/covid-19-testing. Residents are encouraged to contact their health care providers if they need to be tested. They can also request at-home test kits through the Federal Government at https://www.covid.gov/tests.

San Mateo County Health is still offering updated COVID-19 boosters at its community and pop-up clinics. The updated bivalent boosters provide the greatest protection from the impacts of COVID, and eligible residents are encouraged to get boosted. To find a vaccination clinic, please visit https://www.smchealth.org/vaccine-clinic-calendar.

Appointments can be made at https://myturn.ca.gov. Bivalent boosters are also available from primary health care providers and at some pharmacies.

California Environmental Quality Act
Not Applicable

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

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CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement Public Safety and Social Equity
ATTACHMENTS:

Attachment 1 - City Resolution (Extending the Local Emergency and Continuing the Need for Teleconferencing)
Attachment 2 - EMID Resolution (Continuing the Need for Teleconferencing) Attachment 3 - COVID-19 Timeline (as of February 10, 2023) Attachment 4 - COVID-19 Response Plan Summary (as of February 10, 2023)

5.5 5.5 Staff Report

40 RESOLUTION NO.____________

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

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

THE CONTINUING NEED FOR THE CITY COUNCIL, PLANNING COMMISSION AND

COMMITTEES TO MEET BY TELECONFERENCE AND ALLOWING FOR INCREASED

MEETING ACCESSIBILITY VIA IN PERSON AND TELECONFERENCE MEETING

PARTICIPATION

CITY OF FOSTER CITY
WHEREAS, on January 30, 2020, due to confirmed cases of a severe acute respiratory illness caused by a new coronavirus (“COVID-19”), the World Health Organization (“WHO”) declared the COVID-19 outbreak a public health emergency of international concern, and on January 31, 2020, the U.S. Department of Health and Human Services declared a Public Health Emergency for the United States of America; and
WHEREAS, on or about March 4, 2020, as part of the State of California's response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 5, 2020, San Mateo County declared a Local Health Emergency pursuant to Health and Safety Code Section 101080 due to the potential introduction of COVID-19 in San Mateo County; and
WHEREAS, on March 12, 2020, the President of the United States declared a National Emergency in response to the spread of COVID-19; and WHEREAS, Section 2.40.070(A) of the Foster City Municipal Code empowers the City Manager, as the Director of Emergency Services, to proclaim (subject to ratification by the City Council within seven days) the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; and
WHEREAS, based on the expanding threat of the novel COVID-19 virus, the City Manager, Acting as Director of Emergency Services, of the City of Foster City proclaimed the existence of a local emergency within the City on March 16, 2020; and WHEREAS, on March 18, 2020, per Resolution No. 2020-23, the City Council of the City of Foster City ratified the proclamation of the Director of Emergency Services and

5.5 Attachment 1 - City Resolution

41 extended the period of the existence of a Local Emergency for an additional 30 days or unless sooner terminated; and
WHEREAS, on April 6, June 1, July 20, September 8, November 2, 2020 January 4, March 1, May 17, July 19, September 20, November 15, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, September 19, October 17, November 21, December 5, 2022, and January 17, 2023, per Resolutions No. 2020-33, 2020-50, 2020-75, 2020-96, 2020-113, 2021-9, 2021-24, 2021-63, 2021- 103, 2021-129, 2021-172, 2021-185, 2022-5, 2022-15, 2022-28, 2022-39, 2022-52, 2022-71, 2022-88, 2022-104, 2022-110, 2022-122, 2022-129, 2022-136, and 2023-7, respectively, the City Council of the City of Foster City extended the period of the existence of a Local Emergency for an additional 60 days or unless sooner terminated; and
WHEREAS, San Mateo County had completed the variance process as set forth by the California Department of Public Health on June 15, 2020, allowing the County for a gradual re-opening to match the maximum as allowed by the State’s Resilience Roadmap; and
WHEREAS, although collective efforts taken to date regarding this public health emergency have slowed the virus’ trajectory, the emergency and the attendant risk to public health remain significant; and
WHEREAS, San Mateo County was added to the State’s monitoring list on July 29, 2020 and since then ranked in the Purple or Widespread risk level on August 28, 2020, in the Red or Substantial risk level on September 22, 2020, in the Orange or Moderate risk level on October 27, 2020, and in the Red or Substantial risk level on November 17, 2020; and
WHEREAS, San Mateo County then rolled back to the Purple or Widespread risk level on November 29, 2020 and a Limited Stay at Home order went into effect on November 30, 2020, with a Regional Stay at Home order to follow on December 17, 2020; and
WHEREAS, once the Regional Stay at Home order was lifted, San Mateo County rolled back to the Purple or Widespread risk level on January 25, 2021, moving into the Red or Substantial risk level on February 24, and then into the Orange or “Moderate” risk level on March 17; and
WHEREAS, the State has transitioned away from the Blueprint for a Safer Economy beginning June 15, 2021; however, the conditions creating the local emergency have not entirely abated, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and

5.5 Attachment 1 - City Resolution

42 related hospitalizations; and
WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on October 18, 2021 the City Council adopted City Resolution No. 2021-155 proclaiming the continuing need for the City Council, Planning Commission and Committees to meet by teleconference and allowing for increased meeting accessibility via in person and teleconference meeting participation; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Foster City:

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

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

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

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

5.5 Attachment 1 - City Resolution

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

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

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

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 21st day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.5 Attachment 1 - City Resolution

44 RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT PROCLAIMING THE CONTINUING NEED FOR THE

ESTERO MUNICIPAL IMPROVEMENT DISTRICT BOARD OF DIRECTORS,

PLANNING COMMISSION, AND COMMITTEES TO MEET BY TELECONFERENCE

AND ALLOWING FOR INCREASED MEETING ACCESSIBILITY VIA IN PERSON AND

TELECONFERENCE MEETING PARTICIPATION

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Ralph M. Brown Act allows local legislative bodies to meet by teleconference so long as the enumerated requirements are met (California Government Code section 54953); and
WHEREAS, on March 18, 2020, and every 60 days thereafter, the City of Foster City passed a resolution proclaiming a Local Emergency, as defined by the California Emergency Services Act (California Government Code section 8558) as a result of the Coronavirus (COVID-19) pandemic; and
WHEREAS, the recently amended Ralph M. Brown Act allows local legislative bodies to continue meeting by teleconference during a gubernatorial proclaimed state of emergency if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees (California Government Code section 54953(e)(1)(B)); and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a result of the COVID-19 pandemic and such State of Emergency remains in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of Foster City residents and Delta variant and other variants continue to emerge and are highly transmissible in indoor settings; and
WHEREAS, on October 28, November 15, December 13, 2021, January 18, February 22, March 21, April 18, May 16, June 20, July 18, August 15, September 19, October 17, November 21, December 5, 2022, and January 17, 2023, per Resolutions No. 3610, 3621, 3624, 3630, 3634, 3637, 3644, 3646, 3655, 3666, 3675, 3680, 3685, 3691, 3695, and 3702, respectively, the EMID Board of Directors proclaimed the continuing need for the Estero Municipal Improvement District Board of Directors, Planning Commission, and Committees to meet by teleconference and allowed for increased meeting accessibility via in person and teleconference meeting participation; and
WHEREAS, San Mateo County continues to experience COVID-19 cases and

5.5 Attachment 2 - EMID Resolution

45 related hospitalizations.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Directors of the Estero Municipal Improvement District finds that:

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

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

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

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

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

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

5.5 Attachment 2 - EMID Resolution

46 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the special meeting held on the 21 st day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

5.5 Attachment 2 - EMID Resolution

47 NOVEL CORONAVIRUS (COVID-19) TIMELINE
Last Updated: Friday, February 10, 2023

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

March 17, 2021 County of San Mateo moved into the orange tier rank or "moderate" county risk level.

5.5 Attachment 3 - City of Foster City - COVID-19 Timeline (as of February 10, 2023)

48 April 2, 2021 The California Department of Public Health and the Centers for Disease Control and Prevention released updated guidance recommending delaying travel until persons are fully vaccinated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

October 18, 2021 City of Foster City/EMID adopts resolutions so the City Council/EMID Board, Planning Commission, and Committees may continue to conduct meetings as they have been without

5.5 Attachment 3 - City of Foster City - COVID-19 Timeline (as of February 10, 2023)

49 interruption, allowing for increased accessibility to the public and meeting participants to join in person or via teleconference, as applicable, under AB 361.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5.5 Attachment 3 - City of Foster City - COVID-19 Timeline (as of February 10, 2023)

Page 1 of 21 ends

NOVEL CORONAVIRUS (COVID-19) RESPONSE PLAN SUMMARY
Last Updated: Friday, February 10, 2023
OVERALL OBJECTIVE: To keep the community safe, reduce the risk of transmission, and help slow the spread novel Coronavirus (COVID-19)

OBJECTIVE ACTION ITEMS STATUS
Monitor the evolving COVID-19 situation and work closely with the County and neighboring jurisdictions
•Update Countywide Matrix with operational changes (Last Updated 03/18/20) •Participate in conference calls which includes Elected Officials, City Managers, City Attorneys, Public Safety (Daily Until 03/25/20; Monday, Wednesday, Friday Until 05/18/20; Wednesday & Friday Until 06/24/20; Wednesday Until 10/21/20; Transitioned to Every 2 Wednesdays Until 06/09/21, Ending Thereafter) •Participate in Special Briefings which includes Elected Officials, City Managers, and Public Safety as needed (01/13/22)
•Nexus with City Attorney/County Counsel for Guidance (As Needed) •Update 211 Bay Area (a program of United Way Bay Area) with City Updates OngoingTO MAINTAIN COMPLIANCE WITH PUBLIC

HEALTH ORDERS FROM THE COUNTY AND

STATE (SHELTER IN PLACE/STAY AT HOME)
Work in alignment with SMC Fire (Member Agencies) to coordinate response •Proclamation of Local Emergency (City Manager/Director of Emergency Services Proclaimed on 03/16/20; City Council Ratified on 03/18/20; Extended on 04/06/20, 06/01/20, 07/20/20, 09/08/20, 11/02/20, 01/04/21, 03/01/21, 05/17/21, 07/19/21, 09/20/21, 11/15/21, 12/13/21, 01/18/22, 2/22/22, 3/21/22, 4/18/22, 5/16/22, 6/20/22, 7/18/22, 8/15/22, 9/19/22, 10/17/22, 11/21/22, and 12/5/22. •Joint, Multiagency Emergency Operation Center (Activated on 03/16/20; Transitioned from Assigned Foster City Liaison to Multiple Staffed Positions; Transitioned to Virtual EOC on 05/11/20; Closed EOC on 05/29/20)
oDaily Emergency Action Plan (EAP) prepared and distributed by EOC oDaily Situation Status Report (SIT STAT) created and distributed by EOC Ongoing

5.5 Attachment 4 - City of Foster City - COVID-19 Response Plan Summary (as of February 10, 2023))

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

5.5 Attachment 4 - City of Foster City - COVID-19 Response Plan Summary (as of February 10, 2023))

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

5.5 Attachment 4 - City of Foster City - COVID-19 Response Plan Summary (as of February 10, 2023))

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

5.5 Attachment 4 - City of Foster City - COVID-19 Response Plan Summary (as of February 10, 2023))

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

5.5 Attachment 4 - City of Foster City - COVID-19 Response Plan Summary (as of February 10, 2023))

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

5.5 Attachment 4 - City of Foster City - COVID-19 Response Plan Summary (as of February 10, 2023))

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

5.5 Attachment 4 - City of Foster City - COVID-19 Response Plan Summary (as of February 10, 2023))

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oDirects that face coverings shall be worn, regardless of vaccination status, over the mouth and nose, in all indoor public settings, venues, gatherings, and workplaces, such as, but not limited to: offices, retail stores, restaurants and bars, theaters, family entertainment centers, conference centers and government offices serving the public.
•Governor Gavin Newsom signs Assembly Bill 361 on September 16, 2021, as the provisions of Executive Order No. N-29-20 (as revised by Executive Order No. N-08- 21), which modifies the requirements for conducting meetings via teleconference during the COVID-19 pandemic, expires on September 30, 2021. •County Health issues criteria for lifting COVID-19 indoor masking requirements to allow organizations to set those requirements independently, when all of the following are achieved, October 7, 2021:
oThe rate of COVID-19 transmission reaches the “moderate” or yellow tier and remains there for at least three weeks; AND
oThe number of people hospitalized for COVID-19 is low and stable in the judgement of local health officials; AND
oThe percent of the total population that is fully vaccinated – two doses of Pfizer or Moderna or one dose of Johnson & Johnson – reaches 80 percent OR eight weeks have passed since a COVID-19 vaccine has been authorized for emergency use by federal and state authorities for 5- to 11-year-olds. • CA Department of Public Health Statewide Mandate on Masks, December 15, 2021 oRequiring masks to be worn in all indoor public settings, irrespective of vaccine status, until February 15, 2022
•In alignment with the State, San Mateo County will rescind indoor mask requirements effective February 16, 2022. Unvaccinated individuals will still be required to mask indoors. Everyone, regardless of vaccination status, will be required to mask indoors in high-risk settings, including public transportation, health care settings, congregate settings like correctional facilities and homeless shelters, long-term care facilities, and in K-12 schools and childcare settings.
oCity of Foster City reopens Council Chambers and returns to hybrid in-person and virtual City Council meetings on March 7, 2022.
oIndoor masking, though strongly encouraged, is no longer required at City facilities effective March 14, 2022.
•On April 6, 2022, the California Department of Public Health updated its guidance so that masking is no longer required in schools, though strongly encouraged. •On April 18, federal judge issues ruling that masks are no longer required on transportation conveyances and at transportation hubs.

5.5 Attachment 4 - City of Foster City - COVID-19 Response Plan Summary (as of February 10, 2023))

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•On October 17, 2022, Governor Newsom announced the declared COVID-19 State of Emergency will end on February 28, 2022.

OBJECTIVE ACTION ITEMS STATUS
Implement Continuity of Operations/Government (COOP/COG) Plans •Identify essential services; includes public safety, water and wastewater, critical infrastructure maintenance, etc. (Detailed by Department in Separate Document) •Identify essential workers and establish staffing levels necessary to carry out essential functions (Detailed by Department in Separate Document) Ongoing
Establish and coordinate COVID-19 Response Team
•Includes Department Heads and 1-2 Essential Employees from Each Department •Centralized Point of Contact with Joint, Multiagency Emergency Operations Center •Check-In Meetings (Transitioned from Weekly, to Biweekly, and to As Needed) •After Action Debrief Meeting on 06/24/20
Completed

TO PROVIDE ESSENTIAL SERVICES AND

CONTINUITY OF CITY OPERATIONS WITH

MINIMAL DISRUPTION (TO EXTENT

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

OBJECTIVE ACTION ITEMS STATUS
Provide reliable information to the community that is uniform and consistent with the County & State guidelines
•Participate in PIO conference calls
•Share information as released by County in an effort to centralize resources •Coordinate messaging with SMC Fire (Member Agencies) for consistency •Create landing page of COVID-19 general information on City website – https://www.fostercity.org/covid19
•Create landing page of COVID-19 available City services online and by appointment on City website – https://www.fostercity.org/citymanager/page/citywide-services •Create landing page of COVID-19 response/programs on City website – https://www.fostercity.org/citymanager/page/foster-city-covid-19-response •Create landing page of COVID-19 business resources on City website – https://www.fostercity.org/citymanager/page/covid-19-business-resources •Enable alert on top header of City website with latest City update on COVID-19 •Enable spotlight on City website main page directing to COVID-19 landing page OngoingTO EFFECTIVELY COMMUNICATE,

EDUCATE, AND INFORM THE COMMUNITY
Provide messaging that increases public awareness of mandatory precautionary measures and available resources for the community
Ongoing

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•Signage –
oCity Facilities Closures – Posted at Building Entrances, Gated Park Facilities, Playgrounds, Bathrooms, etc.
oElectronic Board (for Social Distancing) – Placed on Levee Pedway oChalk Markings (for Social Distancing) – 6 Feet Markers on Levee Pedway oMetal Signage (for Social Distancing) – Posted Along Levee Pedway oCity Facilities Requirements – Face Coverings, Social Distancing Guidelines/Floor Markers, Limited Capacity in Common Spaces, etc. •FCTV Bulletin – Updated with COVID-19 Information
•Electronic Marquee – Updated with COVID-19 Information •Press Releases –
o March 11, 2020
o March 13, 2020
o March 15, 2020
o March 16, 2020
o April 3, 2020
o April 8, 2020
o April 22, 2020
o April 23, 2020
o April 30, 2020
o May 27, 2020
o June 3, 2020
o October 7, 2020
o June 2, 2021
o June 17, 2021
o July 16, 2021
o July 28, 2021
o October 28, 2021
o January 5, 2022
o February 18, 2022
o March 8, 2022
•Videos/Public Service Announcements –
o Letter from Mayor (Released 03/18/20)
o Video from Mayor (Released 03/26/20)
o Letter from Mayor (Released 03/31/20)
o Joint PSA with SMC Fire Member Agencies (Released on 04/10/20) o COVID-19 Relief Program (Released 05/14/20)
o Summer Safety Message from City Council (Released 06/04/20)

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

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

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

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o September 22, 2022
o October 13, 2022
o October 27, 2022
o November 10, 2022
o November 23, 2022
o December 8, 2022
o December 22, 2022
o January 12, 2023
o January 26, 2023
o February 9, 2023
•Recology Billing Mailer –
oJune: “We’re in this together, Foster City! Thank you for helping slow the spread of COVID-19. Practice social distancing of at least 6 feet, wear a face covering, and wash your hands frequently. Follow Foster City news and updates at www.fostercity.org/covid19.”
oAugust: Flyer – “It’s up to all of us, Foster City”
Participate in opportunities for community education whenever possible •City Manager provided COVID-19 update to Rotary Club on 03/25/20 (via Zoom) •Patrol Officers to educate public whenever responding to/enforcing violation reports •Police Chief to host Community Connect/FCPD Virtual Station Tour/Live Q&A event on 04/16/20 (via Facebook Live)
•City Manager and Mayor provided update to Foster City Village on 03/23/21 (via Zoom)
•Partnered with Congresswoman Speier to host a week-long “In America: Remember” exhibit honoring San Mateo County residents who died of COVID-19 from 11/07/21 to 11/14/21
Ongoing

OBJECTIVE ACTION ITEMS STATUS

TO SUPPORT NEEDS OF VULNERABLE/AT-

RISK POPULATIONS, MOBILIZING

COMMUNITY-BASED ORGANIZATIONS,

NON-PROFITS, AND PRIVATE SECTOR
Work in partnership with community-based organizations and/or non-profits to help support needs of at-risk populations
•Volunteers at-Large: Direct all volunteer inquiries to County for centralized deployment system – https://www.surveymonkey.com/r/WSXH6PZ •Senior Services:
oRotary Club Senior Meals Program – Generally, first and third Tuesday of the month; however, suspended until further notice as they have a highly social aspect to them.
oFoster City Village – Actively conducting Meals on Wheels (Monday-Friday), providing transportation to urgent medical appointments, picking up Ongoing

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prescriptions, and conducting their “We Care” program where FCV volunteers make phone calls to their members as a friendly, supportive check in oFoster City Village – City Council allocated $5,000 on 04/06/20 to help provide protective supply purchases, grocery bag deliveries, food distributions, and gasoline cards for volunteer drivers. These measures will help with additional expenses incurred by the Village as they continue operations while protecting our seniors during the pandemic.
oSenior Shopping Hours – Foster City Safeway (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Target at Bridgepointe (Tuesdays and Wednesdays from 8:00 AM-9:00 AM), Lucky Supermarkets (Tuesdays and Thursdays from 6:00 AM-9:00 AM), Costco (Tuesdays and Thursdays from 8:00 AM-9:00 AM), Ranch 99 (every weekday from 8:00 AM-9:00 AM), and Trader Joe's (daily from 9:00 AM-10:00 AM)
oFoster City Village – Comfort Care Meal Delivery Program for 20 Weeks (01/28/21 to 06/10/21) includes one weekly meal prepared by rotating Foster City restaurants and hand-delivered by volunteer cadre (including Foster City staff)
•Food Distribution:
oSecond Harvest Food Bank – Pre-boxed meals distribution to take place the first and third Friday at 9:00 AM/9:30 AM at the Recreation Center parking lot, in a drive-up fashion
oSMFC School District Food Program – Free meal program, grab and go style breakfast and lunch meals, available for all kids and teens 18 and under at Foster City Elementary School. City Council approved allocation of $10,000 on 05/11/20 to help costs of expanding this program. [ENDED] oGreat Plates Program – Delivering meals to older adults who are at heightened risk and are unable to obtain or prepare meals on their own while sheltering in place [ENDED]
oImpossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
•Students/Distance Learning:
oSMFC Education Foundation – City Council approved allocation of $10,000 to help supplement costs of hot spots and internet access to carry out distance learning programs.

Collaborate with the County, SAMCEDA, and Foster City Chamber of Commerce to understand impacts of COVID-19 on businesses and develop financial assistance programs that can offer immediate relief as needed
Ongoing

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•Issued survey to businesses to better understand economic impacts of COVID-19 – https://www.surveymonkey.com/r/BXH6H86
•Built Business Resources Page on City website that includes latest updates – https://www.fostercity.org/citymanager/page/covid-19-business-resources •Built directory of businesses open/available for delivery or pick-up – https://local.fostercity.org/
•Help promote San Mateo County Strong Fund, donation fund to help residents, nonprofit organizations and small businesses – https://www.smcstrong.org/ •Evaluated U.S. Senate Bill S.3548 - Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and an informational report was provided to the City Council on 04/06/20. •Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses) approved by City Council on 04/06/20.
•Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
•Consider options for Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
•Participated in Chamber of Commerce “Chamber Cares Initiative” Weekly Meeting re:

COVID-19 Impacts on Non-Profits 06/16/20
•Outdoor dining temporarily allowed for restaurants looking to provide outdoor dining service and suspended Code Enforcement actions approved by City Council on 07/06/20
•Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts •Outdoor services temporarily allowed for businesses such as salons/barbers, personal care services, gyms/fitness centers, and offices, and suspended Code Enforcement actions approved by City Council on 07/31/20
•Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
•Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) •Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in

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place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
•Helped promote Restaurant, Brewery & Winery Relief, relief fund to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief •Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Preferences, which was open between 03/11/21-03/11/21; findings received and accepted by City Council on 04/19/21
•Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 •Helped promote living!LOCAL Holiday Marketplace by Chamber of Commerce to highlight local goods and services, and benefitting both shoppers and family-run businesses – https://www.whimlocal.com/event/livinglocal/feed •Helped promote Microfood Business Grant Program to help microfood businesses that have not received assistance from the County COVID-19-relief programs in the past 12 months – https://www.smcstrong.org/archivedapplyforfunding Continue dialogue with hotels to understand impacts of COVID-19 on occupancy and consider use of hotels as alternative care facilities
•Connected Nathan Tsai (owner of Crowne Plaza and Towne Place Suites) with County Manager Mike Callagy regarding 650 rooms available
Completed
Address risks of homelessness and/or displacement
•Countywide eviction moratorium ordinance; resolution adopting an Emergency Regulation, Pursuant to Section 8634 of the Government Code and Chapter 2.46 of the San Mateo County Ordinance Code, establishing a temporary, countywide moratorium on eviction for non-payment of rent by residential tenants directly impacted by the COVID-19 pandemic; extended through July 28, 2020 by Board of Supervisors on 06/23/20
•Temporary countywide eviction moratorium for non-payment of rent by residential tenants directly impacted by the COVID-19 pandemic through August 31 and extended the time period in which delayed payments shall be made; amendment to Emergency Regulation approved by Board of Supervisors on 08/04/20 •Allocation of $1 million to the San Mateo County Emergency Financial Assistance Program (ERAP) and continued outreach for the state Emergency Rental Assistance Program to help residents impacted by COVID-19. Eligible applicants include renters/tenants those who have experienced financial hardship due to COVID-19, have past due rent or utilities, and have a household income that is not more than 80% of the area median income, as well as property owners/landlords with income- eligible renters. Approved by Board of Supervisors on 06/29/21 Completed
Support mental wellness/wellbeing of the Foster City Community Completed

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•Promote and expand on Virtual Recreation and Resource Center to keep community engaged and active – https://www.fostercity.org/parksrec/page/virtual-recreation- and-resource-center
•Promoted San Mateo County Psychological Association (SMCPA) Virtual Town Halls (04/05/20 and 04/09/20)
•Participated in ‘Thank You Event’ at San Mateo Medical Center with SMC Fire Member Agencies, Public Safety Personnel, City Staff, and Legislative Officials (05/04/20) Build out database for Countywide Community Evacuation Interface to support mass shelter in place and assist with information sharing – https://community.zonehaven.com/ •Assigned liaison to support data needs, provide resources, and update map Ongoing

OBJECTIVE ACTION ITEMS STATUS
Scale workforce to essential functions only and transition employees to telework/remote to extent possible
•Distributed Teleworking Policy and Form to all employees (March 2020 and December 2020)
•Staffing levels/schedule established on a weekly/monthly basis (dependent on department)
•Provided regular updates to all employees via City Manager and Human Resources (issued 11 internal memos to-date) and Management Team Meeting (on 05/27/20) and All-Hands Meeting (on 05/28/20, 07/29/20, and 12/15/20) •Provided regular updates to City staff via bimonthly City Manager update “The Bulletin” (First and Third Fridays of Each Month); transitioning to monthly updates in 2021
•Shared information on Families First Coronavirus Response Act •Provided tools for all employees to effectively work remotely (with IT Assistance); includes equipment issuance, tele/video conferencing tools such as Microsoft Teams and Zoom, and web-based Employee Resource Page –
https://www.fostercity.org/employees
•Established ‘Return to Work Taskforce’ and Developed ‘Employee Return to Work’ Policy
•Developed ‘Adaptable Work Schedule Program’
CompletedTO FOSTER A SAFE WORKPLACE AND

ENABLE THE EMPLOYEE BASE TO

PERFORM
Ensure safety of front-line/essential personnel, i.e. first responders •Ensure personnel are equipped with PPE and are able to minimize in-person interactions whenever possible (reduced access to Police & Fire Departments, alternate teams/shifts, etc.)
•Provide accommodations for quarantining/isolation by coordinating with County EOC Ongoing

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•Provide resources to COVID-19 testing if needed through https://verily.com/ or https://www.projectbaseline.com/study/covid-19/
•Provide childcare options for front-line/essential personnel, i.e. first responders – https://sanmateo4cs.org/
oShared survey to gather information and better assess needs jurisdiction – https://www.surveymonkey.com/r/SMC_COVID19_childcare
•Implemented self-health assessment/screening requirement at entry points; including installation of thermal scanners at City Hall and Police Department •Posted required Social Distancing Protocol and Signage at City facility entrances and share information with all employees
•Informed all employees of Face Covering Requirement; providing supply of masks if necessary
•Departments coordinating with ‘Return to Work Taskforce’ for site-specific modifications/adaptations (including spacing and health/sneeze guards); as well as visitor safety protocols
•Acquired donation of ~5,000 cloth face coverings through U.S. Conference of Mayors ‘Masks for Mayors Initiative’
•Sanitation station/supplies set up in various locations throughout City facilities •Acquiring COVID-19 at-home/self-test kits through County for public safety personnel

OBJECTIVE ACTION ITEMS STATUS
Continue to monitor and work with the County to understand trajectory of COVID-19 and how it may impact City operations and needs of the community •Modeling data will be used a basis to prepare for contingencies where needed and to prepare for reopening of economy/transition to normal operations through phased approach
•Assigned representative to County’s Long-Term Strategic Planning Taskforce •Created ‘Return to Work Taskforce’ to develop policy/strategy for reopening City facilities; as well as policy/safety protocols for visitors & members of the public •Created ‘Parks Reopening Taskforce’ to develop policy/strategy for reopening park facilities
•Overview of San Mateo County Recovery Initiative presented to City Council on 10/05/20 and report accepted by Board of Supervisors on 10/06/20 OngoingTO PROVIDE LONG-TERM STRATEGIC
PLANNING IN RESPONSE TO COVID-19

AND POTENTIAL IMPACTS TO CITY

OPERATIONS
Evaluate and consider additional actions that are recommended or may be required dependent on outcome/progression of COVID-19 situation; including (but not limited to):
•Extension of City Facilities Closure (TBD; Based on Public Health Order and Until Further Notice)
Ongoing

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•Suspend or Freeze Shut-Offs/Disconnection of Water Service for Non-Payment (Currently in Effect)
•Waiver of Credit Card Fees for Online Payment of Utilities Through June 30, 2020 (Approved by City Council on 04/06/20)
•Explore Feasibility of Charging Tier 1 Rates for Water Service (No Longer Pursuing Due to Minor Cost Difference)
•Developed Small Businesses Resiliency Grant Program to support operations and help avert layoffs during the COVID-19 public health emergency. $500,000 (allocated for a grant of $10,000 per business for up to 50 businesses) approved by City Council on 04/06/20.
•Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 04/06/20.
•Consider Options for Moratorium on Commercial Evictions (TBD; County covers unincorporated areas only)
•Freeze Hiring/New Recruitments and Filling of Vacant Positions (Currently in Effect) •Initiated Friendly Streets, Foster City Initiative, dedicating approximately a 1.75 mile stretch of road on northbound Beach Park Boulevard for bicyclists and runners. One lane will be barricaded off from cars to allow bicyclists and runners to safely use the designated detour. In parallel with the detour, this stretch of Levee Pedway is reserved for walking only. (Approved by City Council on 04/06/20) [DISCONTINUED] •Expanded Friendly Streets, Foster City Initiative to extend lane closure on Beach Park Boulevard from Teal Street to Gull Avenue (Approved by City Council on 05/11/20) [DISCONTINUED]
•Allocated $20,000 total ($10,000 each) to the San Mateo-Foster City Elementary School District/Community Education Foundation for its Free Meal Program and Mobile Hotspot/Wi-Fi for Distance Learning (Approved by City Council on 05/11/20) •COVID-19 Recovery Planning Update provided at City Council Vision & Policy Summit (on 06/04/20)
•Outdoor Dining Temporarily Allowed for Restaurants Looking to Provide Outdoor Dining Service and Suspended Code Enforcement Actions (Approved by City Council on 07/06/20)
•Prepared and distributed approximately (100) Rethink, Reopen, Restart Kits to storefront businesses in shopping centers to support reopening efforts •Outdoor Services Temporarily Allowed for Businesses (such as salons/barbers, personal care services, gyms/fitness centers, and offices) and Suspended Code Enforcement Actions (Approved by City Council on 07/31/20)

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•Terms of a Revolving Business Loan Program (Approved by City Council on 09/28/20); Establishment of RBLP (Approved by City Council on 11/02/20, then decision to defer thereafter on 03/15/21)
•Analysis of waiving or deferring permit fees and business license fees for one year to prioritize commercial spaces for waiving of permit fees (Direction initially provided by City Council on 11/02/20, then decision to not pursue further thereafter on 03/15/21) •Impossible Market pilot program, not to exceed $5,000, to introduce food & grocery subscription subsidy for 100 financially-impacted Foster City families approved by City Council on 11/02/20 [DISCONTINUED]
•Expanded Support Local Foster City Campaign to provide vouchers through the Support Local Stamp Me app, allowing customers to get take-out during the shelter in place order. Additional $25,000 (allocated for $10 vouchers to be offered to all Stamp Me users) approved by City Council on 11/16/20.
•Helped promote Restaurant, Brewery & Winery Relief, relief fund to help small business impacted by the pandemic – https://www.smcstrong.org/restaurantrelief •Partnered with the Chamber of Commerce to distribute two surveys – Business Needs and Shopper Preferences, which was open between 03/11/21-03/11/21; findings received and accepted by City Council on 04/19/21
•Small Business Assistance Plan presented to City Council on 05/17/21 and on 06/21/21 Monitor revenue impacts, explore options for expenditure reductions, and seek financial assistance/opportunities for cost recovery of funds
•Track damage estimates and expenditures related to COVID-19 •Log personnel time on Form 214s in relation to COVID-19 incident response •Submit “Request for Public Assistance” through California Governor's Office of Emergency Services (Cal OES) Recovery Section for Federal Emergency Management Agency’s (FEMA's) Public Assistance Program (Submitted on 04/02/20) •Seek approval of the “Designation of Applicant's Agent Resolution for Non-State Agencies” for the Purpose of Cost Recovery Eligibility (Approved by City Council on 04/06/20)
•Discussed City financial impacts related to COVID-19 (04/20/20 City Council Meeting) •Discussed projected financial impacts of COVID-19 beyond the current fiscal year (05/11/20 Budget Study Session)
•Hired MGT Consulting for consultant services for COVID-19 CARES/FEMA Disaster Cost Recovery (08/24/20)
•Quarterly updates on City’s economic performance and impacts related to COVID-19, including strategies to close long-term structural deficit (09/08/20 City Council Meeting)
Ongoing

5.5 Attachment 4 - City of Foster City - COVID-19 Response Plan Summary (as of February 10, 2023))

71 DATE: February 21, 2023

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

FROM: Marlene Subhashini, Assistant City Manager
Zaheed Danish, Public Works Superintendent
Greg Baeza, Public Works Maintenance Superintendent
DEPARTMENT: Public Works
SUBJECT: AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSAL FOR STREET SWEEPING SERVICES (JUNE 1,
2023 TO DECEMBER 31, 2025)

RECOMMENDATION
It is recommended that the City Council of the City of Foster City approve the issuance of the attached Request for Proposal (RFP) (Attachment 1) and Vendor Distribution List (Attachment 2) for Street Sweeping Services for a term of June 1, 2023 through December 31, 2025.

EXECUTIVE SUMMARY
The current annual street sweeping contract with Sweeping Corp of America was approved for a term of January 1, 2019 through December 31, 2020, with options to extend the agreement for three additional one-year terms through December 31, 2023.

Sweeping Corp of America has notified Public Works staff that they do not wish to exercise the final one-year contract extension. Staff is seeking City Council approval to issue an RFP in order to solicit bids for a new contract in order to maintain city streets.

The attached RFP contains an initial two-and-a-half-year term beginning June 1, 2023 and ending December 31, 2025 with an option for to renew the agreement on an annual basis in the subsequent three (3) years based on satisfactory performance.

5.6 5.6 Staff Report

72 BACKGROUND
Sweeping Corp of America has been performing street sweeping services in Foster City since January 1, 2009. The original contract was for a two-year term from January 1, 2009 to December 31, 2010 and was renewed for three (3) successive terms based on satisfactory performance. In 2013 and 2018, RFPs were issued, the contract was rebid and Sweeping Corp of America was the successful proposer. The current initial term ended on December 31, 2020 and extensions were exercised for two (2) additional years.

One final extension was allowed in the contract, which would have extended the term date to December 31, 2023. On January 4, 2023, Sweeping Corp of America informed the Public Works staff that it did not wish to extend the term of the contract for the final contract extension year specifically citing economic factors, however they will continue their services until a new contract has been awarded on June 1, 2023.

ANALYSIS
Staff has contracted for street sweeping services for over 20 years. Over the years, staff has evaluated the benefits of continued contracting for street sweeping versus performing the service in-house. Due to the costs for purchasing and maintaining the equipment, the need to hire an additional employee to perform the sweeping, and the additional insurance risk, staff has determined that performing street sweeping service in-house could cost significantly more than the costs to contract out the service.

The RFP will allow for the continued practice of contracting for street sweeping services and will maintain the current sweeping schedule and level of service related to street maintenance. The contract will include scheduled sweeping services that will be published on the City’s website and will be distributed in the bi-monthly water bill to notify residents of the exact days when sweeping will occur on their street.

The RFP contains an initial two-and-a-half-year term beginning June 1, 2023, and ending December 31, 2025, with an option to renew the agreement on an annual basis in the subsequent three (3) years based on satisfactory performance.

Upon completion of the selection process, it is anticipated that staff will bring a recommendation to award the street sweeping agreement to the City Council at the April 17, 2023 Regular Meeting.

California Environmental Quality Act
Pursuant to the California Environmental Quality Act, (CEQA), authorizing the issuance of the RFP itself does not constitute a project within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), or

5.6 5.6 Staff Report

73 15378 because there is no potential that the activity will result in a reasonably foreseeable indirect or direct physical change in the environment. Additionally, this action falls within the common sense CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

FISCAL IMPACT
There are no costs associated with the issuance of the RFP itself. The FY2022-2023 budget for street sweeping is $103,300, which is recovered through solid waste rates. It is likely that the costs will increase as a result of the RFP process, due to the significant overall increase in the cost of vehicles, equipment and the cost of fuel. The new agreement and associated fiscal impact will be discussed when the item to award the contract is brought to the City Council for approval in April 2023.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:
•Attachment 1 - Request for Proposal
•Attachment 2 - Vendor Distribution List

5.6 5.6 Staff Report

74 S:\PW\Street and Lagoon Program\Memos & Staff Reports\FY 22.23\Street\Contract Sweeping 1 City of Foster City
Foster City, California

REQUEST FOR PROPOSAL

STREET SWEEPING MAINTENANCE
(JUNE 1, 2023 – DECEMBER 31, 2025)
PROPOSAL DUE: March 16, 2023 before 2:00 PM
RETURN PROPOSAL TO:

City of Foster City
Department of Public Works
610 Foster City Boulevard.

Foster City, CA 94404
Attn: Greg Baeza

5.6 Attachment 1 - Request for Proposal

75 S:\PW\Street and Lagoon Program\Memos & Staff Reports\FY 22.23\Street\Contract Sweeping 2

TABLE OF CONTENTS
SECTION 1 SCOPE OF WORK AND DEFINITIONS
SECTION 2 COST PROPOSAL SCHEDULE
SECTION 3 COMPENSATION
SECTION 4 GENERAL REQUIREMENTS
SECTION 5 CONTRACTORS QUALIFICATIONS AND REFERENCES
SECTION 6 BIDDER CERTIFICATIONS
SECTION 7 SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES

EXHIBIT A SCOPE OF WORK AND SCHEDULE FOR

STREET SWEEPING SERVICES
EXHIBIT B VENDOR’S FEE SCHEDULE AND

COMPENSATION

EXHIBIT C STREET NAME LIST AND SCHEDULE

EXHIBIT D STREET SWEEPING MAP

EXHIBIT E INSURANCE FORMS

1. CERTIFICATE OF INSURANCE

2. GENERAL LIABILITY ENDORSEMENT

3. AUTOMOBILE LIABILITY ENDORSEMENT

5.6 Attachment 1 - Request for Proposal

76 S:\PW\Street and Lagoon Program\Memos & Staff Reports\FY 22.23\Street\Contract Sweeping 3 SECTION 1

SCOPE OF WORK AND DEFINITIONS

1.01 SCOPE OF WORK
This proposal is for the regularly scheduled and emergency street sweeping services in Foster City, California. The Contractor shall furnish all labor, tools, shop facilities, equipment, and materials and perform all work necessary to provide for street sweeping services.

1.02 DURATION OF CONTRACT
Initial contract period for the street sweeping services shall be from June 1, 2023 to December 31, 2025 for a thirty-one (31) month period.

The contract may be renewed subsequently in one-year (12 month) increments as follows:
•The second contract period will be from January 1, 2026 to December 31, 2026. •The third contract period will be from January 1, 2027 to December 31, 2027. •The fourth contract period will be from January 1, 2028 to December 31, 2028.

Renewal shall be by mutual consent subject to provisions of SECTION 3, COMPENSATION. Either the Contractor or the CITY may notify of either party's intention to extend the contract at least 60 calendar days prior to the expiration date of the contract.

1.03 DESCRIPTION OF WORK
The work to be performed consists of sweeping, either by machine sweeping or hand sweeping, all designated improved public streets including curb returns and median islands within Foster City, California on a uniform schedule as outlined in PARAGRAPH 1.05, SCHEDULE FOR WORK. No machine street sweeping shall be performed during rainstorms, when there is running water in the gutter or street, or for any other reason sweeping is impractical as determined by the CITY.

5.6 Attachment 1 - Request for Proposal

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1.04 DEFINITIONS
a. City Parking Lots – Sweeping of all City parking lots shall be performed during night time on a weekly basis, except No. 5. East side of the Corporation Yard shall be swept during the day.

No. Description Address/Location Sq. Yds.
(Approx.)

1. City Hall Parking Lot Front
and Rear
610 Foster City Blvd. 10,000

2. City Park Parking Lots
a. Boat Park
b. Boothbay Park
c. Port Royal Park
d. Sea Cloud Park (2 Lots)
Foster City Blvd. /Bounty Dr.

Galveston St. /Hudson Bay St.

Port Royal Ave./Billingsgate

1. Pitcairn Dr./San Miguel

2. End of Sea Cloud Ct.
6,000
900
600
1,000
8,000

3. Recreation Center Parking
Lot
a. Boat Ramp (by tennis
courts)
b. Small Parking Lot (senior
Center)
c. Large Parking Lot (main)
650 Shell Blvd.
1,600
1,000
6,200

4. Library/Community Center
Parking Lot
1000 E. Hillsdale Blvd.
including the Civic Center Dr.
8,000

5. Corporation Yard Parking Lot
a. East Side (Day)
b. West Side
100 Lincoln Center Dr.
5,000
10,000

6. Windsurf Access Road and
Parking Lot
End of Lakeside Drive from E.
3rd Ave. to the dead end parking
lot
6,500
GRAND TOTAL 64,800
b. Curb Mile
Curb Mile shall be defined as the distance the machine sweeper travels with an effective sweeping width of eight (8) feet from the curb face along an improved street. In all cases, any reduction in sweeping width from the defined eight (8) feet will result in a corresponding percentage deduction in the price paid per curb mile; i.e., if the effective sweeping width is four (4) feet, payment will be 50 percent (50%) of cost per curb mile.

5.6 Attachment 1 - Request for Proposal

78 S:\PW\Street and Lagoon Program\Memos & Staff Reports\FY 22.23\Street\Contract Sweeping 5 c. Refuse
All deposits of dirt, rock, glass, cans, leaves, sticks, papers, or any like materials so designated by the CITY within the areas to be swept within the terms of this contract and of a size which can be practically removed by mechanical sweeping or hand-sweeping operations shall be removed. d. Hand-Sweeping/Vacuuming
Contractor shall remove all visible debris along curbs and medians.

Approximately 20 streets have square cul-de-sacs, which require hand sweeping or vacuuming of the corners. Compensation for hand- sweeping/vacuuming shall be considered as included in the scope of work for basic sweeping service, and no separate payment will be made therefore.

If callback is required, the CITY shall deduct as per callback rate in PARAGRAPH 4.09, CALLBACKS.
e. Scheduled Machine Street Sweeping
Regular machine sweeping of streets listed in Section 7 Exhibit C, Street Name List and Schedule, and shown in Section 7 on Exhibit D, Street Sweeping Map, shall be accomplished in accordance with these specifications, including additions or deletions as allowed in PARAGRAPH

4.17, ADDITION/DELETIONS. Sweeper shall not limit the number of times that the sweeper debris hopper is emptied for any given route in order to meet quality standards identified in PARAGRAPH 4.04.

Included in the standard sweeping is Shell Boulevard between Bounty and East Hillsdale Boulevard and East Hillsdale Boulevard between Edgewater and Foster City Boulevard at the conclusion of two (2) City celebrations at which these roadways are closed. (Typically held in summer months – June through September).
f. Area Between Travel Lanes
The Contractor will sweep areas between turn lanes and through lanes, and between median islands monthly (Item I in Cost Proposal Schedule), and on an as needed basis determined by the CITY. Compensation for additional sweeping will be considered as hourly work and separate payment will be made per hourly rate in the cost schedule (Item IV in Cost Proposal Schedule). The additional time shall be documented in the weekly statement and the weekly sweeping log.

5.6 Attachment 1 - Request for Proposal

79 S:\PW\Street and Lagoon Program\Memos & Staff Reports\FY 22.23\Street\Contract Sweeping 6 g. Bridges/Overpasses
Contractor shall sweep on a weekly basis all travel lanes, shoulders, medians, and curb returns located on the following bridges:

1. Rainbow Bridge (On E. Hillsdale Blvd. over the Foster City Lagoon)

2. Foster City Boulevard Bridge (Over the Foster City Lagoon)

3. Foster City Boulevard Bridge (Over Interstate 92)

4. Vintage Park Bridge (Over Interstate 92)

5. Bicentennial Bridge (On Beach Park Blvd over the Foster City Lagoon)

6. Shell Blvd. Bridge (Over the Foster City Lagoon)

7. Twin Bridge (On E. Hillsdale Blvd. over the San Mateo Lagoon)

8. Mariner’s Island Blvd. Bridge (Over Interstate 92)

1.05 SCHEDULE FOR WORK
Contractor shall sweep streets designated in Exhibit C, Street Name List and Schedule, and shown on Exhibit D, Street Sweeping Map, in accordance with the following schedule:

Type of Street Estimated Curb
Miles
Frequency Work
Hours
Residential Street, No Median 60.8 Bi-weekly Day
Residential Boulevard, No Median 2.3 Bi-weekly Day
Residential Boulevard, No Median 2.1 Weekly Day
Residential Boulevard, with Median 9.8 Weekly Day
Residential Boulevard Median 9.8 Weekly Day
Commercial Street, with Median 11.2 Weekly Night
Commercial Street, No Median 4.6 Weekly Night
Commercial Street Medians 10.4 Weekly Night
City/District Parking Lots Refer to 1.04a Weekly Night
City/District Bridges Refer to 1.04g Weekly Night
Area Between Travel Lanes Refer to 1.04f Monthly Day
* END OF SECTION *

5.6 Attachment 1 - Request for Proposal

80 S:\PW\Street and Lagoon Program\Memos & Staff Reports\FY 22.23\Street\Contract Sweeping 7 SECTION 2

COST PROPOSAL SCHEDULE

STREET SWEEPING MAINTENANCE
(JUNE 1, 2023 – DECEMBER 31, 2025)

PROPOSAL
ITEM No. DESCRIPTION ANNUAL

QUANTITY UNIT UNIT PRICE TOTAL ANNUAL
AMOUNT
I. Monthly Street Sweeping
Monthly Rate for basic sweeping
services based on the schedule
described in PARAGRAPH 1.05,
Exhibits C & D.
12 $/Month $ _________ $ __________
TOTAL PROPOSAL (ITEM I) PER YEAR $________________
II. Additions/Deletions – Curb
Mile
Rate per curb mile for additions or
deletions to the basic sweeping
services described in
PARAGRAPH 4.17.
1 $/Mile $ _________
III. Additions/Deletions – Square
Yards – Parking Lots
Rate per square yard for
additions or deletions to the basic
street sweeping services.
1 $/Sq. Yard $ _________
IV. Scheduled Extra Work
Hourly rate for scheduled extra
work (includes operator and
sweeper) described in Paragraph

3.02 A.
1 $/Hr. $ _________
V. Emergency Extra Work
a. Hourly rate for emergency extra
work during normal operating
hours 8 a.m. – 5 p.m. (includes
operator and sweeper).
1 $/Hr. $ _________
b. Hourly rate for emergency extra
work after hours including nights
and weekends (includes operator
and sweeper).
1 $/Hr. $ _________

5.6 Attachment 1 - Request for Proposal

81 S:\PW\Street and Lagoon Program\Memos & Staff Reports\FY 22.23\Street\Contract Sweeping 8 Notes:

1. Proposal price alone will not be the sole determining factor in the selection of the contractor for this work. The CITY will consider the proposed costs for all proposal items identified herein together with the contractor qualifications and references to form the basis for its decision on who will be selected.

2. All proposal items must be filled in.

3. Proposals shall be valid for 90 days from RFP due date. _______________________
Authorized Signature
* END OF SECTION *

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SECTION 3

COMPENSATION

3.01 PAYMENT AND ESCALATION FACTOR

1. The Contractor shall provide all work necessary to conduct street sweeping maintenance as defined in these specifications. Compensation for this work shall be made monthly based on 1/12th of Total Annual Amount of Item I, Monthly Street Sweeping, as listed in SECTION 2, COST PROPOSAL SCHEDULE.

2. At the end of the initial contract period (December 31, 2025), and each anniversary thereafter for the duration of the contract, the unit rates paid for street sweeping maintenance may, upon Contractor or CITY request, be increased or decreased in direct proportion to the increase or decrease in the Consumer Price Index (CPI). The most recent CPI for October – October San Francisco/Oakland area for all urban wage earners shall be used. The Contractor shall submit to the CITY a revised unit price schedule and supporting CPI information for any requested changes.

3.02 EXTRA WORK
A. Scheduled Extra Work
For Scheduled Extra Work Items, the Contractor will be given 2 working days advance notice of the need. Compensation shall be based on Item IV in SECTION 2, COST PROPOSAL SCHEDULE.

Scheduled Extra Work Items may include but are not limited to correcting damages due to accidents, vandalism, acts of God, spillage, sandblasting, paving preparation, and undesignated special events, which may require sweeping services during the year, in a non-emergency timeframe. This also includes areas between turn lanes and through lanes, and between median islands on an as needed basis. A separate itemized invoice, indicating the actual hours spent on-site, shall be prepared for the Scheduled Extra Work. No additional compensation shall be given for travel time to the Scheduled Extra Work site.

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B. Emergency Extra Work
All other unscheduled extra work shall be considered Emergency Extra Work. Emergency Extra Work requires response within 2 hours or less.

Emergency Extra Work done during normal business hours (8 AM – 5 PM) shall be compensated based on Item V.a in SECTION 2, COST PROPOSAL SCHEDULE. Emergency Extra Work done during non-normal business hours (5 PM – 8 AM), weekends and holidays shall be compensated based on Item V.b in SECTION 2, COST PROPOSAL SCHEDULE.

Emergency Extra Work Items may include but are not limited to correcting damages due to accidents, vandalism, acts of God, spillage, sandblasting, paving preparation, and undesignated special events, which may require sweeping services during the year, in an emergency timeframe. A separate itemized invoice, indicating the actual hours spent on-site, shall be prepared for the Emergency Extra Work. No additional compensation shall be given for travel time to the Emergency Extra Work site.

3.03 ALL OTHER WORK
All other work included in these specifications, unless identified as “Scheduled Extra Work" or “Emergency Extra Work”, shall be deemed ancillary to the work covered by proposal Item I listed in SECTION 2, COST PROPOSAL SCHEDULE, and no additional compensation shall be granted.

3.04 PROGRESS PAYMENTS
Invoices for all services provided in the previous month should be submitted by the fifth of the month along with a monthly report which includes the records of miles swept and debris amounts collected. If, in the opinion of the CITY, all services have been provided in a timely and competent manner, full payment for Item I, of the COST PROPOSAL SCHEDULE shall be made the day after the first City Council meeting in the following month.
* END OF SECTION *

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SECTION 4

GENERAL REQUIREMENTS

4.01 The Contractor shall fill out and submit all blue forms included in this proposal package as listed:
➢Cost Proposal Schedule listed in Section 2
➢Contractor’s Qualifications and References listed in Section 5 ➢Bidder Certifications listed in Section 6
➢Insurance Forms listed in Exhibit E within Section 7

4.02 SWEEPING LOG REQUIRED
The Contractor shall submit a Sweeping Log weekly by the Wednesday of the following week. The log shall include daily starting and ending odometer readings, cubic yards of material collected, and type of sweeper used. A separate log shall also be used for any additional work items performed (as described in Section

3.02A: Scheduled Extra Work or Section 3.02B: Emergency Extra Work). A weekly statement template form will be provided by the CITY and may be modified at any time at the discretion of the CITY to comply with the CITY’s Storm Water Discharge Permit.

4.03 PAYMENT PENALTIES
Attention is directed to the following contract provisions relating to payment penalties.

It is mutually agreed that timely and complete performance of all aspects of this contract is of extreme importance to both parties. By entering a contract for performance of all work called for in these specifications, the Contractor agrees to the following penalties as being appropriate and acceptable, and further agrees that such penalties will be deducted from funds otherwise due and payable to the Contractor.

1. Failure to file the weekly
statement/Sweeping Log as
required in PARAGRAPH 4.02
Assess $50/Day for each day late

2. Failure to sweep required eight feet
width from curb face as specified in
PARAGRAPH 1.04b
Corresponding in payment
reduction per PARAGRAPH 1.04b

3. Callbacks as specified in
PARAGRAPH 4.09
Assess $100 per each callback

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4.04 QUALITY OF WORK
The standards of performance, which the Contractor is obligated to perform hereunder, are those standards which are considered to be good street sweeping practices and which are subject to approval by the CITY. The CITY at its discretion may conduct periodic audits to ensure the quality of work is in compliance with the CITY’s street sweeping expectations.

4.05 HOURS OF SWEEPING
All scheduled machine street sweeping shall be performed only during the hours of 8:00 AM to 5:00 PM for day routes and during the hours of 10:00 PM to 7:00 AM for night routes. Sweeping shall not be performed on weekends or on CITY holidays unless authorized by the CITY.

4.06 EQUIPMENT
Contract work shall only be performed with equipment suitable to produce the quality of work identified in SECTION 4.04. All equipment shall be subject to the CITY's approval prior to use. All sweeping equipment shall have appropriate safety markings consisting of highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State Vehicle Code and approved by the CITY.

The use of a steel plate on the sweeper wheel to prevent tire scuffing against the curb will not be permitted.

The Contractor shall properly maintain a minimum of or have two (2) working machine sweepers, both in good condition and appearance, for use under this contract at all times.

A. Sweepers shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the contract or replaced with a sweeper which does meet the limits.

B. The maximum noise level allowed is 85 dBA.

4.07 DISPOSAL OF SWEEPING REFUSE
The Contractor may dump all debris swept from the CITY streets at the City/District Corporation Yard located at 100 Lincoln Centre Dr. in Foster City. The debris boxes will be emptied by the CITY.

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4.08 WATER
The Contractor shall utilize adequate amounts of water to perform street sweeping services. No dry sweeping shall be allowed unless authorized by the CITY. The Contractor shall provide equipment with adequate air gap to prevent cross contamination of the CITY’s water system

4.09 CALLBACKS
Whenever, in the opinion of the CITY, a section of street is inadequately swept, the Contractor shall, within 24 hours after notification, re-sweep the section in question and may, at the discretion of the CITY, forfeit as a penalty, one hundred dollars ($100) for each time a street is inadequately swept. No additional payment will be made for callbacks as a result of inadequate sweeping.

4.10 STORAGE OF EQUIPMENT
The Contractor must provide his own storage for equipment such as sweepers, brooms, tires, gas, oil and other required parts and materials. The CITY will not provide storage for any Contractor equipment.

4.11 SPEED OF VEHICLES
The Contractor shall operate the sweepers between four and five miles per hour when sweeping, unless it can be proven, to the satisfaction of the CITY, the sweeper can operate at a higher speed and still operate effectively.

4.12 CITY RIGHTS
The CITY will:
a. At its own discretion, reject any or all proposals or waive any informality in any proposals.
b. Consider proposals for a period of up to 90 days following the time of receipt of proposal before deciding which proposal, if any, will be accepted. c. Increase or decrease the amount of work to be performed with no change in the unit price.
d. Have emergency service performed by CITY forces or by a separate contractor as needed.
e. Use video equipment to create public service spots for community awareness.
f. Change hours of sweeping as necessary provided 48 hours advance notice is given.

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4.13 SUBCONTRACTING LIMITATION
The Contractor shall not subcontract more than 50 percent of the work based upon the total amount of the street sweeping contract except as permitted by the CITY.

4.14 ASSIGNMENT OF CONTRACT
The contract shall not be assigned without written consent of the CITY.

4.15 EQUIPMENT IDENTIFICATION
The Contractor shall display on the side of the equipment being used within the CITY, a CITY logo. The logo will consist of the CITY’s existing emblem with the words, "contracted by" added to it. The CITY will furnish these signs. The signs are the property of the CITY and shall be returned to the CITY upon request.

4.16 STREET SWEEPING SCHEDULE
The schedule for specific streets is provided in EXHIBIT C, STREET NAME LIST AND SCHEDULE. The schedule for street sweeping may not be changed without the written approval of the CITY.

4.17 ADDITIONS/DELETIONS
The CITY reserves the right to add or delete curb miles and to increase or reduce the sweeping frequency called for in these specifications. The cost per curb mile for additions or deletions (Item II, Section 2, COST PROPOSAL SCHEDULE) will dictate the maximum increase that will be allowed for additional miles and/or for additional frequency. That amount will also dictate the minimum reduction in monthly cost for deletion of curb miles and/or decrease in sweeping frequency.

4.18 MEETINGS & NOTIFICATION
The Contractor shall attend street sweeping progress meetings with a CITY representative on a monthly basis if needed at the CITY’s Corporation Yard. No additional compensation will be allowed for the Contractor for meeting times.

The Contractor shall notify the Street Superintendent whenever the street sweeper enters the CITY to perform sweeping work.
* END OF SECTION *

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SECTION 5

CONTRACTORS QUALIFICATIONS AND REFERENCES

CITY OF FOSTER CITY
STREET SWEEPING MAINTENANCE (June 1, 2023 – December 31, 2025) Name of Contractor: _________________________________________________ THE CONTRACTOR SHALL COMPLETE THE FOLLOWING STATEMENTS:

1. The Contractor has been engaged in the contracting business, under the present business name for ________ years.

2. Experience in work of a nature similar to that covered in the proposal documents extends over a period of _______ years.

3. Has contractor ever failed to satisfactorily complete a contract awarded to them, except as follows:
(Name any and all exceptions and reasons therefor.)
_______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________

4. The following maintenance contracts have been satisfactorily completed in the last three years for the persons, firms or authorities indicated:

TYPE OF CONTRACT LOCATION

YEAR WORK AMOUNT AND FOR WHOM PERFORMED
(a) _______ ________ __________ ______________________________________ (b) _______ ________ __________ ______________________________________ (c) _______ ________ __________ ______________________________________ (d) _______ ________ __________ ______________________________________ (e) _______ ________ __________ ______________________________________

5. The following person may be contacted for information concerning the contract work listed above (list a reference for each contract named):

NAME/TITLE ADDRESS TELEPHONE
(a) _________________________ _________________________ ____________ (b) _________________________ _________________________ ____________ (c) _________________________ _________________________ ____________ (d) _________________________ _________________________ ____________ (e) _________________________ _________________________ ____________

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6. Following is a list of plant and equipment owned by the Contractor, which is definitely available for use on the proposed work as required:

QUANTITY NAME, TYPE, AND CAPACITY CONDITION LOCATION
________ _____________________________ _________ __________________ ________ ______________________________ _________ __________________ ________ ______________________________ _________ __________________ ________ ______________________________ _________ __________________ (Attach additional sheets as necessary)

7. All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof and the truthfulness and accuracy of the information is guaranteed by the Contractor.

Signature of Contractor: ____________________________
____________________________
Print Name and Title
* END OF SECTION *

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SECTION 6

BIDDER CERTIFICATIONS

CITY OF FOSTER CITY/ESTERO MUNICIPAL IMPROVEMENT DISTRICT

TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID

STREET SWEEPING CONTRACT

CERTIFICATE OF NON-DISCRIMINATION
On behalf of the bidder making this Bid, the undersigned certifies that there will be no discrimination in employment with regard to race, color, religion, sex, sexual orientation, or national origin; that all federal, state, and local directives and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively. __________________________________________________

BIDDER'S SIGNATURE

STATEMENT OF CONVICTIONS
"I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against me within the past two years because of failure to comply with an order of a Federal Court to comply with an order of the National Labor Relations Board."
__________________________________________________

BIDDER'S SIGNATURE

PREVIOUS DISQUALIFICATIONS
"I hereby swear, under penalty of perjury, that the below indicated bidder, any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder, has never been disqualified, removed or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation except as indicated on the separate sheet attached hereto entitled "Previous Disqualifications." If such exceptions are attached, please explain the circumstances.
__________________________________________________

BIDDER'S SIGNATURE

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CERTIFICATION OF WORKER’S COMPENSATION INSURANCE
By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.
__________________________________________________

BIDDER'S SIGNATURE
Company Name ________________________________________________ Signed by (printed) ________________________________________________ Title ________________________________________________
Dated ________________________________________________
* END OF DOCUMENT *

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SECTION 7

SAMPLE AGREEMENT

VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR

STREET SWEEPING SERVICES
This Agreement is made and entered into as of the _____ day of _______, 2023 by and between the City of Foster City hereinafter called "CITY" and _________ hereinafter called "VENDOR" or “CONTRACTOR”

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

A. That CITY desires to engage VENDOR to provide a product and/or services to the CITY;
B. That VENDOR is qualified to provide the product and/or services to the CITY and; C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

1. A. Services. The services to be performed by VENDOR under this Agreement are 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 VENDOR 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 the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur.
(b) Notwithstanding the provisions of (a) above, either party may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice. CITY shall compensate VENDOR for any product delivered and/or for services rendered, and reimburse VENDOR for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein

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contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.

3. Compensation: Expenses: Payment. CITY shall compensate VENDOR for all products supplied or services performed by VENDOR hereunder as shown in Exhibit B 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 $ __________ unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Additional Services. In the event CITY desires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services shall be authorized in advance by CITY’s 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 product to be delivered or 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. 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. VENDOR shall keep and maintain accurate records of products delivered or of all time expended in performing services and costs and expenses incurred relating thereto. Said records shall be available to CITY for review and copying during regular business hours at VENDOR’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. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by VENDOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY

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8. Relationship of Parties. It is understood that the relationship of VENDOR to the CITY is that of an independent contractor and all persons working for or under the direction of VENDOR are its agents or employees and not agents or employees of the CITY.

9. Schedule. VENDOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by governmental reviews of VENDOR’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, VENDOR’s officers or employees.

VENDOR acknowledges the importance to CITY of timely delivery of products or services and agrees to put forth its best professional efforts to perform in a manner consistent with that schedule.

10. Indemnity. To the fullest extent allowed by law, VENDOR hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, CITY or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of VENDOR, its officers, employees, subcontractors or agents in the performance of any services or work pursuant to this Agreement.

The duty of VENDOR 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 VENDOR to indemnify 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.

VENDOR’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.

11. Insurance. VENDOR shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to VENDOR’s

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services to be performed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General $1,000,000 per occurrence and
Liability $2,000,000 aggregate for bodily
injury, personal injury and
property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage
(coverage required to the extent
applicable to
VENDOR’s vehicle usage in
performing services hereunder)
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the CITY as an Additional Insured. Furthermore, the requirements for coverage and limits shall be the greater of either (1) the minimum coverage and limits specified in this Agreement or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured.

VENDOR agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by VENDOR shall agree to be bound to VENDOR and CITY in the same manner and to the same extent as VENDOR is bound to CITY under this Agreement and its accompanying documents. Subcontractors shall further agree to include these same provisions with any sub-subcontractors. A copy of the indemnity and insurance provisions of this Agreement will be furnished to the Subcontractor upon request. VENDOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the subcontract agreement and will provide proof of compliance to the CITY prior to commencement of any work by the subcontractor.

Concurrently with the execution of this Agreement, VENDOR shall, on the Insurance Coverage form provided in Exhibit E, or equivalent, furnish CITY

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with certificates and copies of all declaration and endorsement pages for the insurance policy or policies required hereunder. With respect to commercial general liability and automobile liability insurance coverage, VENDOR must obtain and provide the following original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail; (b) Naming the CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
(c) Providing the additional insured coverage under VENDOR’s insurance policy shall be primary and non-contributory insurance with respect to CITY and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by CITY for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of VENDOR’s insurance and not contributory with it.

VENDOR and its insurer may not seek contribution from CITY’s insurance or self-insurance.

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY, to the extent required by this Agreement, before the CITY’s insurance or self-insurance may be called upon to protect CITY as a named Insured.

All self-insured retentions (SIR) must be disclosed to CITY for approval and shall not reduce the limits of liability coverage. Policies containing and SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named VENDOR/Named Insured or CITY.

CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Any and all Subcontractors shall agree to be bound to VENDOR and CITY in the same manner and to the same extent as VENDOR is bound to CITY under this Agreement. Subcontractors shall further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, in any agreement with sub- subcontractors to the extent that they apply to the scope of the sub- subcontractor’s work. A copy of the indemnity and insurance provisions of this Agreement shall be furnished to any subcontractor upon request.

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VENDOR 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 VENDOR 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 VENDOR.

12. WORKERS' COMPENSATION. VENDOR 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 VENDOR certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

13. NON-DISCRIMINATION. The VENDOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The VENDOR 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 VENDOR 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 VENDOR 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.

14. Notice. All notices required by this Agreement shall be given to the CITY and VENDOR 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: Greg Baeza, Public Works
Maintenance Superintendent
VENDOR: Name
Address
City, State, Zip
Attention: _____________

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

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

17. 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.

18. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. 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.

19. 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.

20. Conflict of Interest. VENDOR may serve other clients, but none who are active within the City of Foster City or who conduct business that would place VENDOR in a "conflict of interest" as that term is defined in State law.

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

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

CITY OF FOSTER CITY
Dated: _________________________________
Stefan Chatwin, City Manager
(for contracts less than $50,000)
[REMOVE signature line if $50,000 or more]
Dated: _________________________________
Jon Froomin, Mayor
(for contracts $50,000 or more)
[REMOVE signature line if less than $50,000]
ATTEST:

Dated: ________________________________
Yelena Cappello, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
VENDOR
Dated:

Type Name & Title of VENDOR Authorized to
Sign

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EXHIBIT A

SCOPE OF WORK AND SCHEDULE
FOR

STREET SWEEPING SERVICES

1.01 SCOPE OF WORK
This proposal is for the regularly scheduled and emergency street sweeping services in Foster City. The VENDOR shall furnish all labor, tools, shop facilities, equipment, and materials and perform all work necessary to provide for street sweeping services.

1.02 DURATION OF CONTRACT
Initial contract period for the street sweeping services shall be from June 1, 2023 to December 31, 2025 for a thirty (30) month period.

Renewal shall be by mutual consent subject to provisions of Exhibit B, PARAGRAPH 2.03, ESCALATION FACTOR. Either the VENDOR or the CITY may notify of either party's intention to extend the contract at least 60 calendar days prior to the expiration date of the contract.

1.03 DESCRIPTION OF WORK
The work to be performed consists of sweeping, either by machine sweeping or hand sweeping, all designated improved public streets including curb returns and median islands within Foster City on a uniform schedule as outlined in PARAGRAPH 1.05, SCHEDULE FOR WORK. No machine street sweeping shall be performed during rainstorms, when there is running water in the gutter or street, or for any other reason sweeping is impractical as determined by the CITY.

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No. Description Address/Location Sq. Yds.
(Approx.)

1. City Hall Parking Lot Front
and Rear
610 Foster City Blvd. 10,000

2. City Park Parking Lots
a. Boat Park
b. Boothbay Park
c. Port Royal Park
d. Sea Cloud Park (2 Lots)
Foster City Blvd. /Bounty Dr.

Galveston St. /Hudson Bay St.

Port Royal Ave./Billingsgate

1. Pitcairn Dr./San Miguel

2. End of Sea Cloud Ct.
6,000
900
600
1,000
8,000

3. Recreation Center Parking
Lot
a. Boat Ramp (by tennis
courts)
b. Small Parking Lot (senior
Center)
c. Large Parking Lot (main)
650 Shell Blvd.
1,600
1,000
6,200

4. Library/Community Center
Parking Lot
1000 E. Hillsdale Blvd. including
the Civic Center Dr.
8,000

5. Corporation Yard Parking
Lot
a. East Side (Day)
b. West Side
100 Lincoln Center Dr.
5,000
10,000

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c. Refuse
All deposits of dirt, rock, glass, cans, leaves, sticks, papers, or any like materials so designated by the CITY within the areas to be swept within the terms of this contract and of a size which can be practically removed by mechanical sweeping or hand-sweeping operations shall be removed. d. Hand-Sweeping/Vacuuming
VENDOR shall remove all visible debris along curbs and medians.

If callback is required, the CITY shall deduct as per callback rate in EXHIBIT B, PARAGRAPH 2.07, CALLBACKS.
e. Scheduled Machine Street Sweeping
Regular machine sweeping of streets listed in Exhibit C, Street Name List and Schedule, and shown in Exhibit D, Street Sweeping Map, shall be accomplished in accordance with these specifications, including additions or deletions as allowed in EXHIBIT B PARAGRAPH 2.05,
ADDITION/DELETIONS. Sweeper shall not limit the number of times that the sweeper debris hopper is emptied for any given route in order to meet quality standards identified in PARAGRAPH 1.07.

1. City Fest Festival on the first weekend in June; and

2. Independence Day activities on or about July 4.
f. Area between Travel Lanes
The VENDOR will sweep areas between turn lanes and through lanes, and between median islands monthly (Item I in EXHIBIT B, VENDOR’S FEE SCHEDULE), and on an as needed basis determined by the CITY.

Compensation for additional sweeping will be considered as hourly work and separate payment will be made per hourly rate in the cost schedule (Item IV in VENDOR’S FEE SCHEDULE). The additional time shall be documented in the weekly statement and the weekly sweeping log.

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g. Bridges/Overpasses
VENDOR shall sweep on a weekly basis all travel lanes, shoulders, medians, and curb returns located on the following bridges:

1. Rainbow Bridge (On E. Hillsdale Blvd. over the Foster City Lagoon)

2. Foster City Boulevard Bridge (Over the Foster City Lagoon)

3. Foster City Boulevard Bridge (Over Interstate 92)

4. Vintage Park Bridge (Over Interstate 92)

5. Bicentennial Bridge (On Beach Park Blvd over the Foster City Lagoon)

6. Shell Blvd. Bridge (Over the Foster City Lagoon)

7. Twin Bridge (On E. Hillsdale Blvd. over the San Mateo Lagoon)

8. Mariner’s Island Blvd. Bridge (Over Interstate 92)

1.05 SCHEDULE FOR WORK
VENDOR shall sweep streets designated in Exhibit C, Street Name List and Schedule, and shown on Exhibit D, Street Sweeping Map, in accordance with the following schedule:

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1.06 SWEEPING LOG REQUIRED
VENDOR shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by VENDOR hereunder. Said records shall be available to CITY for review and copying during regular business hours at VENDOR’S place of business or as otherwise agreed upon by the parties. Records of miles swept and debris amounts collected per month shall be submitted with a monthly invoice to the CITY by the fifth day of the following month.

The VENDOR shall submit a Sweeping Log weekly by the Wednesday of the following week. The log shall include daily starting and ending odometer readings, cubic yards of material collected, and type of sweeper used. A separate log shall also be used for any additional work items performed (as described in Exhibit B Section 2.04A: Scheduled Extra Work or Section 2.04B: Emergency Extra Work).

A weekly statement template form will be provided by the CITY and may be modified at any time at the discretion of the CITY to comply with the CITY’s Storm Water Discharge Permit.

1.07 QUALITY OF WORK
The standards of performance, which the VENDOR is obligated to perform hereunder, are those standards which are considered to be good street sweeping practices and which are subject to approval by the CITY. The CITY at its discretion may conduct periodic audits to ensure the quality of work is in compliance with the CITY’s street sweeping expectations.

1.08 HOURS OF SWEEPING
All scheduled machine street sweeping shall be performed only during the hours of 8:00 AM to 5:00 PM for day routes and during the hours of 10:00 PM to 7:00 AM for night routes. Sweeping shall not be performed on weekends or on CITY holidays unless authorized by the CITY.

1.09 EQUIPMENT
Contract work shall only be performed with equipment suitable to produce the quality of work identified in PARAGRAPH 1.07. All equipment shall be subject to the CITY's approval prior to use. All sweeping equipment shall have appropriate safety markings consisting of highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State Vehicle Code and approved by the CITY.

The use of a steel plate on the sweeper wheel to prevent tire scuffing against the curb will not be permitted.

The VENDOR shall properly maintain a minimum of or have two (2) working machine sweepers, both in good condition and appearance, for use under this contract at all times.

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A. Sweepers shall comply with all local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the contract or replaced with a sweeper which does meet the limits.

B. The maximum noise level allowed is 85 dBA.

1.10 DISPOSAL OF SWEEPING REFUSE
The VENDOR may dump all debris swept from the CITY streets at the City/District Corporation Yard located at 100 Lincoln Centre Dr. in Foster City. The debris boxes will be emptied by the CITY.

1.11 WATER
The VENDOR shall utilize adequate amounts of water to perform street sweeping services. No dry sweeping shall be allowed unless authorized by the CITY. The VENDOR shall provide equipment with adequate air gap to prevent cross contamination of the CITY’s water system

1.12 STORAGE OF EQUIPMENT
The VENDOR must provide his own storage for equipment such as sweepers, brooms, tires, gas, oil and other required parts and materials. The CITY will not provide storage for any VENDOR equipment.

1.12 SPEED OF VEHICLES
The VENDOR shall operate the sweepers between four and five miles per hour when sweeping, unless it can be proven, to the satisfaction of the CITY, the sweeper can operate at a higher speed and still operate effectively.

1.13 CITY RIGHTS
The CITY will:
a. Increase or decrease the amount of work to be performed with no change in the unit price.
b. Have emergency service performed by CITY forces or by a separate VENDOR as needed.
c. Use video equipment to create public service spots for community awareness.
d. Change hours of sweeping as necessary provided 48 hours advance notice is given.

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1.14 EQUIPMENT IDENTIFICATION
The VENDOR shall display on the side of the equipment being used within the CITY, a CITY logo. The logo will consist of the CITY’s existing emblem with the words, "contracted by" added to it. The CITY will furnish these signs. The signs are the property of the CITY and shall be returned to the CITY upon request.

1.15 STREET SWEEPING SCHEDULE
The schedule for specific streets is provided in EXHIBIT C, STREET NAME LIST AND SCHEDULE. The schedule for street sweeping may not be changed without the written approval of the CITY.

1.16 MEETINGS & NOTIFICATION
The VENDOR shall attend street sweeping progress meetings with a CITY representative on a monthly basis if needed at the CITY’s Corporation Yard. No additional compensation will be allowed for the VENDOR for meeting times.

The VENDOR shall notify the Street Superintendent whenever the street sweeper enters the CITY to perform sweeping work.

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EXHIBIT B
VENDOR’SFEE SCHEDULE AND COMPENSATION

STREET SWEEPING MAINTENANCE
(JUNE 1, 2023 – DECEMBER 31, 2025)

PROPOSAL
ITEM No. DESCRIPTION ANNUAL

QUANTITY UNIT UNIT PRICE TOTAL ANNUAL
AMOUNT
I. Monthly Street Sweeping
Monthly Rate for basic sweeping
services based on the schedule
described in Exhibit A 1.05, and
Exhibits C & D.
12 $/Month $ _________ $ __________
TOTAL PROPOSAL (ITEM I) PER YEAR $________________
II. Additions/Deletions – Curb
Mile
Rate per curb mile for additions or
deletions to the basic sweeping
services described in
PARAGRAPH 2.05.
1 $/Mile $ _________
III. Additions/Deletions – Square
Yards – Parking Lots
Rate per square yard for
additions or deletions to the basic
street sweeping services.
1 $/Sq. Yard $ _________
IV. Scheduled Extra Work
Hourly rate for scheduled extra
work (includes operator and
sweeper) described in Paragraph

2.04A.
1 $/Hr. $ _________
V. Emergency Extra Work
a. Hourly rate for emergency extra
work during normal operating
hours 8 a.m. – 5 p.m. (includes
operator and sweeper).
1 $/Hr. $ _________
b. Hourly rate for emergency extra
work after hours including nights
and weekends (includes operator
and sweeper), described in
Paragraph 2.04B
1 $/Hr. $ _________

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2.00 SUMMARY
CITY shall compensate VENDOR for all services performed by VENDOR hereunder in an amount based upon the FEE SCHEDULE in EXHIBIT B of this Agreement during the time of the performance of said services.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the annual sum of ($ ) during the initial term of this Agreement (i.e., June 1, 2023 – December 31, 2025) 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 in writing by the CITY.

2.01 PAYMENT
The VENDOR shall provide all work necessary to conduct street sweeping maintenance as defined in this agreement. Compensation for this work shall be made monthly based on 1/12th of Total Annual Amount of Cost Proposal Item I, Monthly Street Sweeping, as listed in VENDOR’S FEE SCHEDULE.

2.02 PROGRESS PAYMENTS
Invoices for all services provided in the previous month should be submitted by the fifth of the month along with a monthly report which includes the records of miles swept and debris amounts collected. If, in the opinion of the CITY, all services have been provided in a timely and competent manner, full payment for Item I, of the VENDOR’S FEE SCHEDULE shall be made the day after the first City Council meeting in the following month.

2.03 ESCALATION FACTOR
At the end of the initial contract period (December 31, 2020), and each anniversary thereafter for the duration of the contract, the rates on the VENDOR’S FEE SCHEDULE in EXHIBIT B may, upon VENDOR or CITY request, be increased or decreased in direct proportion to the increase or decrease in the Consumer Price Index (CPI). The most recent CPI for October – October San Francisco/Oakland area for all urban wage earners shall be used. The VENDOR shall submit to the CITY a revised unit price schedule and supporting CPI information for any requested changes.

2.04 EXTRA WORK
Compensation and reimbursement of costs and expenses for “Scheduled Extra Work” or “Emergency Extra Work” shall be payable upon monthly billing therefore by VENDOR to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

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A. Scheduled Extra Work
For Scheduled Extra Work Items, the VENDOR will be given 2 working days advance notice of the need. Compensation shall be based on Item IV VENDOR’S FEE SCHEDULE.

B. Emergency Extra Work
All other unscheduled extra work shall be considered Emergency Extra Work. Emergency Extra Work requires response within 2 hours or less.

Emergency Extra Work done during normal business hours (8 AM – 5 PM) shall be compensated based on Item V.a in VENDOR’S FEE SCHEDULE.

Emergency Extra Work done during non-normal business hours (5 PM – 8 AM), weekends and holidays shall be compensated based on Item V.b in VENDOR’S FEE SCHEDULE.

2.05 ADDITIONS/DELETIONS
The CITY reserves the right to add or delete curb miles and to increase or reduce the sweeping frequency called for in this Agreement. The cost per curb mile for additions or deletions (Item II, VENDOR’S FEE SCHEDULE) will dictate the maximum increase that will be allowed for additional miles and/or for additional frequency. That amount will also dictate the minimum reduction in monthly cost for deletion of curb miles and/or decrease in sweeping frequency.

2.06 PAYMENT PENALTIES
Attention is directed to the following contract provisions relating to payment penalties.

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It is mutually agreed that timely and complete performance of all aspects of this contract is of extreme importance to both parties. By entering a contract for performance of all work called for in these specifications, the VENDOR agrees to the following penalties as being appropriate and acceptable, and further agrees that such penalties will be deducted from funds otherwise due and payable to the VENDOR.

1. Failure to file the weekly
statement/Sweeping Log as
required in Exhibit A, Paragraph

1.06 Assess $50/Day for each day late

2. Failure to sweep required eight feet
width from curb face as specified in
Exhibit A, Paragraph 1.04b
Corresponding in payment
reduction per Exhibit A, Paragraph

1.04b

3. Callbacks as specified in Paragraph

2.07 Assess $100 per each callback

2.07 CALLBACKS
Whenever, in the opinion of the CITY, a section of street is inadequately swept, the VENDOR shall, within 24 hours after notification, re-sweep the section in question and may, at the discretion of the CITY, forfeit as a penalty, one hundred dollars ($100) for each time a street is inadequately swept. No additional payment will be made for callbacks as a result of inadequate sweeping.

2.08 ALL OTHER WORK
All other work included in this Agreement, unless identified as “Scheduled Extra Work" or “Emergency Extra Work”, shall be deemed ancillary to the work covered by proposal Item I listed in VENDOR’S FEE SCHEDULE, and no additional compensation shall be granted.

2.09 ADDITIONAL SERVICES
In the event CITY desires the performance of additional services not otherwise included within the services described in this Agreement, such services shall be authorized in advance of the performance thereof by CITY in writing. Such amendment to this Agreement shall include a description of the services to be performed there under, the maximum compensation and reimbursement of costs and expenses payable therefore, 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.

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EXHIBIT C

STREET NAME LIST AND SCHEDULE
Street List
(EVERY OTHER TUESDAY)
Duck Mallard Staysail
Avocet Decatur Marlin Sloop
Balclutha Egret Matsonia Spinnaker
Bainbridge Eliza Menhaden Stilt
Barkentine Flying Cloud Mullet Sunfish
Beach Park Blvd. (Gull
to Foster City Blvd.)
Flying Fish Niantic Surfbird
Bluefish Flying Mist Pelican Surfperch
Bounty Foresail Pilgrim Swan
Blythe Goldhunter Plover Swordfish
Bowfin Grebe Polynesia Tarpon
Bramble Grunion Pompano Teal
Burrows Gull Puffin Topsail
Catamaran Haddock Ranger Cir. Trimaran
Challenge Halibut Ribbon Trysail
Chrysopolis Halsey Sailfish Turnstone
Cod Harvester Sanderling Widgeon
Comet Ketch Sandpiper Windjammer
Constitution Killdeer Schooner Yawl
Crane Loon Sea Horse
Curlew Lurline Shearwater Isle
Cutter Mainsail Shooting Star
Dolphin
Street List
(EVERY OTHER THURSDAY)
Altair Coos Leo Pollux
Arcturus Crystal Lido Port Royal
Argus Cumberland Melbourne Regulus
Avalon Dewey Mira Sandy Hook
Baffin Drake Monterey Saturn
Balboa Farragut Morrow Sea Cloud
Beach Park To
Edgewater
Gateshead Nantucket Tampa
Biscayne Galveston Newport Taurus
Bodega Hatteras Oyster Vega
Boothbay Hudson Bay Pensacola Venus
Botany Jamaica Pitcairn Winchester
Bristol Jupiter Pleasant
Castor Laguna Polaris
Chesapeake

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EXHIBIT D

STREET SWEEPING MAP

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EXHIBIT E

INSURANCE FORMS
CONSULTANT shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in Section 12 - INSURANCE of the Agreement on the attached form. No substitute form will be accepted.

ATTACHED

1. Insurance Coverage Form

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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.

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42Updated 1/26/2023

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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STREET SWEEPING MAINTENANCE

DISTRIBUTION LIST
Company Contact Name Phone Number Email Location
Affordable Sweeping, Inc. 707.526.5355 Santa Rosa, CA
All Street Sweeping 916.871.3666 Roseville, CA
American Sweeping & Main
Group, Inc.
408.866.1787 Saratoga, CA
Bay Area Commercial Sweeping,
Inc.
408.831.8342 San Jose, CA
CleanSweep Services, Inc. 408.867.5911 Saratoga, CA
Cleansweep Services 408.857.0341 Saratoga, CA
Commercial Power Sweep, Inc. 707.255.1769 Napa, CA
*Current
Vendor
Sweeping Corp of America
operating as Contract Sweeping
Achintya Suden 510.431.8643 [email protected] Milpitas, CA Sonoma Sweepers, Inc. 707.621.8702 Ukiah, CA
Statewide Construction Sweeping 209.992.6054 Fremont, CA Tauzer Street Sweeping, Inc. 707.527.9232 Santa Rosa, CA Valley Power Sweeping 707.426.3436 San Leandro, CA

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DATE: February 21, 2023

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

FROM: Marlene Subhashini, Assistant City Manager
DEPARTMENT: Public Works
SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO CALL FOR BIDS – STREET
REHABILITATION PROJECT FY21/22 (CIP 301-703) AND PARK
PATHWAY RESTORATION PROJECT FY21/22 (CIP 301-702)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving the Plans and Specifications and authorizing the call for bids for the Street Rehabilitation Project FY21/22 (CIP 301-703) and Park Pathway Restoration Project FY 21/22 (CIP 301-702) and finding that the projects are categorically exempt under CEQA Sections 15301 – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act.

EXECUTIVE SUMMARY
CIP 301-703 consists of street rehabilitation and pavement maintenance on various streets in Neighborhoods No. 1 and No. 9. The rehabilitation project will help to increase and maintain the City’s overall Pavement Condition Index (PCI). The PCI is a numerical index used to indicate the general condition of a pavement. Design for the project was performed in-house by Public Works staff. Along with the paving work, the project will be incorporating CIP 301-702, to include park pathway restoration work in five (5) City parks, which require general maintenance.

Total funding in the amount of $3,500,000 is available in the approved project budgets for construction ($3,200,000 is provided by a combination of Measure A, Measure M,

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Gas Tax, and Measure W for CIP 301-703; and $300,000 is available from the General Fund for CIP 301-702). The City Council action will allow staff to advertise the project for bidding. Construction is anticipated to take approximately 4 months with an anticipated start at the end of May 2023.

BACKGROUND
In 2021, a pavement condition survey was performed for a majority of the streets in the City and the data was entered into the Metropolitan Transportation Commission’s Pavement Management Program (PMP). The PMP allows the City to compare and analyze the street conditions. Based on the PMP analysis, combined with the input received from the public and the City’s maintenance crew, streets are identified and prioritized for rehabilitation work.

The scope of work includes but is not limited to slurry, full-width grinding, asphalt overlays, striping, path parkway paving and utility adjustments. The upgrade of the existing non-compliant curb ramps, in conformance with the Americans with Disabilities Act (ADA), are also included.

ANALYSIS
The ongoing maintenance of public streets is essential to maintain the structural integrity, safety and accessibility of the City’s roadways and maintain an acceptable PCI for our city. Continual improvements and maintenance lead to higher quality roadways at a lower cost. The locations and type of treatments to be performed as part of CIP 301-703 are listed below:

Street Rehabilitation (including Base Repairs, Asphalt Milling, and Asphalt Overlay):
• Pollux Court
• Pilgrim Drive from Harvester Drive to Harvester Drive • Niantic Drive Parking Spaces along Erckenbrack Park Preventative Maintenance (including Crack Sealing, Base Repairs, and Slurry Seal):
• Pilgrim Drive from Edgewater Boulevard to Galveston Street • Comet Drive from Pilgrim Drive to Lurline Drive
• Balclutha Drive from Foster City Boulevard to Matsonia Drive • Niantic Drive from Balclutha Drive to Polynesia Drive • Polynesia Drive from Foster City Boulevard to Lurline Drive • Lurline Drive from Comet Drive through Polynesia Drive • Constitution Drive from Chrysolopis Dr to Comet Drive • Chrysopolis Drive from Polynesia Drive to Constitution Drive • Polaris Avenue from Altair Avenue to Beach Park Boulevard • Argus Court

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• Arcturus Circle
• Shell Boulevard from Catamaran Street to Beach Park Boulevard (Add Alternate) An Add Alternate will be bid as an option to accommodate work being performed by Beach Park Elementary School. If the schedule allows, a portion or all of the work will be performed as part of this contract.

All locations identified above include striping and signage improvements, utility adjustments if necessary, and the retrofitting of existing non-compliant curb ramps in conformance with the ADA.

Park Pathways that are being replaced due to required maintenance as part of CIP 301-702 include:
• Constitution Drive Pathways
• Arcturus Park
• Turnstone Park
• Erckenbrack Park
• Shad Park
Plans and specifications for CIP 301-703/CIP 301-702 are complete and ready for bidding. Public Works staff prepared the plans and specifications in-house resulting in time and cost savings. Construction is anticipated to begin in May 2023 and will take approximately 4 months to complete. As with any street rehabilitation project, traffic control will be utilized and construction signs informing residents of the work will be posted 3 days prior to actual start date of the work. The contractor will also be notifying affected homes with letters prior to the work being performed. The overall project management and daily inspection will be provided by a combination of in-house staff and consultant support.

The project schedule is as follows:

Approval of Plans and Specifications February 21, 2023
& Authorization to Call for Bids
Bid Opening March 15, 2023
Award of Contract April 3, 2023
Contract Execution April 2023
Construction May - September 2023
Project Notice of Completion October 2023
California Environmental Quality Act

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Categorically Exempt pursuant to CEQA Guideline Section 15061(b)(3) and 15301(c) - Existing Facilities

FISCAL IMPACT
CIP 301-703 has an approved balance of $3,200,000 that was funded by Measure A, Measure M, Gas Tax and Measure W. The park pathway (CIP301-702) improvements that are incorporated into CIP 301-703 are funded by the City’s General fund and has $300,000 available for construction. Based on the Engineer’s Estimate, adequate funding is available for construction of the project. Expenditures for the Park pathways project will be tracked separately from the street resurfacing project. A link to the plans and specifications is provided under Attachments.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:
•Attachment 1 – Resolution
•Attachment 2 - Link to Plans and Specifications - CIP 301-703 and CIP 301-702

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3 3
0 RESOLUTION NO.____________

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

APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING THE CALL FOR BIDS FOR THE STREET REHABILIATION PROJECT FY21/22 (CIP 301-703) AND THE PARK PATHWAY RESTORATION PROJECT FY21/22 (CIP 301-702) AND

FINDING THAT THE PROJECTS ARE CATEGORICALLY EXEMPT PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

CITY OF FOSTER CITY
WHEREAS, Plans and Specifications for the Street Rehabilitation Project FY21/22 (CIP 301-703) and the Park Pathway Restoration Project FY21/22 (CIP 301-702) have been completed and are ready for bid; and
WHEREAS, CIP 301-703 involves pavement maintenance improvements on certain streets in Neighborhoods No. 1 and No. 9, and CIP 301-702 consists of pavement maintenance of park pathways in five City parks; and
WHEREAS, the projects are categorically exempt under CEQA Sections 15301 – Existing Facilities and 15061(b)(3) pursuant to the California Environmental Quality Act; and
WHEREAS, total funding in the amount of $3,500,000 is available in the approved project budgets for construction, with $3,200,000 provided by a combination of Measure A, Measure M, Gas Tax, and Measure W for CIP 301-703, and $300,000 provided by the general fund for CIP 301-702; and
WHEREAS, based on the Engineer’s Estimate, adequate funding is available in CIP 301-703 and CIP 301-702 to fully fund construction including a bid alternate with anticipated construction start date being May 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the plans and specifications and authorize the call for bids for the Street Rehabilitation Project FY21/22 (CIP 301-703) and Park Pathways Restoration Project FY21/22 (CIP 301-702).

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3 3
0 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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DATE: February 21, 2023

TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager

FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: CONSIDERATION OF APPOINTMENT TO THE AUDIT

COMMITTEE

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (City Council) interview and by Minute order, appoint one citizen to a new full term from January 1, 2023 through December 31, 2025 on the Audit Committee.

BACKGROUND/ANALYSIS
The Audit Committee consists of five members and all five terms expired on December 31, 2022. Appointments of five members were made at the January 17, 2023 City Council meeting. Shortly after appointment, one member notified staff of scheduling conflicts and was unable to fulfill the Committee requirements, resulting in a vacancy on the Committee. At the January 17, 2023 City Council meeting, the City Council also directed 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 to a City Council meeting for interviews and consideration of appointment.

It is recommended that the City Council interview and by Minute Order, appoint one citizen to the Committee, from the applicants who applied by the original deadline (and confirmed their interest in the position):

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1. Vijay Dodd

2. Sairam Vengala

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 – Committee Applications

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6.1 Attachment 1 - Committee Applications

126

6.1 Attachment 1 - Committee Applications

127

6.1 Attachment 1 - Committee Applications

128

6.1 Attachment 1 - Committee Applications

129

DATE: February 21, 2023

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

FROM: Marlene Subhashini, Assistant City Manager
Francine Magno, Senior Civil Engineer
Paul Nagengast, Project Advisor, Regional Government Services DEPARTMENT: Public Works
SUBJECT: LEVEE IMPROVEMENT PROJECT (CIP 327-657) JANUARY 2023 - GENERAL UPDATE

RECOMMENDATION
It is recommended that the City Council, by Minute Order, consider and accept this progress update on the Levee Improvements Project (Project). No further action is required by the City Council.

EXECUTIVE SUMMARY
Staff will provide a verbal update of the latest Project activities at the City Council meeting. This report provides an update of Project progress and budget impacts with current expenditures detailed in an attached worksheet. Given where the project is at, construction activities over the next few months will be similar which means staff may not have significant or enough items to update on a monthly basis. Therefore, staff would like to transition from monthly levee updates to bi-monthly updates with the next update in April 2023 after this one. This does not preclude staff from bringing an update to the Council at any given time if there is something significant to report. Additionally, the periodic updates via the levee construction update will continue to be provided to the community and the project webpage will be kept up-to-date.

Highlights of Project progress and pictures, since the last City Council update on

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January 17, 2023, are included in the attached Construction Manager’s Report and listed below:
•The Contractor has been assessing and repairing where necessary, any damage to the Project due to the heavy rains that occurred in late December/January 2022/2023. There have been no observed occurrences of Bay water over topping the new levee flood wall during storms and recent king tides. •The Contractor continues the installation of landscaping in Phases I and II. •In Phase I, the Contractor has completed the installation of site furnishings, trail signage and has begun striping paved portions of the trail. •In Phase II, installation of site furnishings has commenced. •The levee, trail and access points work along Beach Park Boulevard (Phase II) continues to be worked on by the Contractor. This work includes, but not limited to, guardrail installation, bay side paths and street access points, street light poles and associated wiring to energize streetlights, and landscaping adjacent to completed access points.
•The Contractor continues to work at various access points within Phase I, installing handrails, and the soil preparation, fencing for landscaping around Sea Cloud Park
•Asphalt paving and decomposed granite shoulders in Phase I have been completed.
•The Contractor has completed approximately 3.9 miles of the 4.2 miles (92% completion) of the revised concrete cap for the top of installed sheet piles (CCO #9; $110K and #10; $932K). The portions of the concrete cap along Beach Park Boulevard as part of Phase II and within Phase 1 has been completed. The concrete cap remaining to be constructed is in Phase III between Baywinds Park and San Mateo Bridge.
•Staff continues to monitor the Safe Routes to School plan for Bowditch Middle School and other locations that may be affected by the Project and will coordinate with school officials if changes are necessary.

Current Schedule Timeline

Award of Contract: July 20, 2020
Notice to Proceed: September 28, 2020
Phase 1 Bay Trail Closure - Opening: October 2020 - April 2023* Phase 2 Bay Trail Closure - Opening: January 2021 – October 2023* Phase 3 Bay Trail Closure - Opening: April 2021 – October 2023*

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Project Substantial Completion: October 2023
Project Completion: January 2024
*Updates to trail opening dates are not a reflection of a Project delay. The overall project opening is based on contractual dates and obligations, not the phased trail openings. The phased trail openings are provided as early estimates but are moving targets due to nature of construction and weather.

PROJECT BUDGET AND COST/EXPENSES
The Project continues to be on time and within budget and expenses continue to trend as anticipated.

Summary of known costs to date:
•Total Budget/ Bond Measure/Funding Sources: Bond Measure = $90M; Bonds Issued = $85M ($5M Remaining to be Issued); Additional City reserves for Project = $10M
•Bid: Shimmick: $60.2M; and $9M contingency for change orders. •Payments as of 01/31/2023: Shimmick:$57M; Others:$16M; Total:$73M •Change Orders Approved as of 01/31/2023: CCO Nos. 1-30 = $8.8M California Environmental Quality Act
An Environmental Impact Report was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No.2016012012).

FISCAL IMPACT
There is no fiscal impact associated with this update.

As a separate item on tonight’s agenda, staff will present for the Council’s consideration, Contract Amendment No. 2 to the agreement with Tanner Pacific, Inc.

The amendment will extend the construction support services through to the projected project end date of January 2024.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council’s adopted Vision and Mission Statements
Facilities and Infrastructure Priority Area

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ATTACHMENTS:

Attachment 1 - Monthly Construction Manager's Report January 2023 Attachment 2 - Expenditure Report as of January 31, 2023 Attachment 3 - Memorandum and Communications Metrics - January 2023 Dashboard Report

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MONTHLY CONSTRUCTION MANAGER’S REPORT
Foster City Levee Improvements Project
City Project No. CIP 301-657
Contractor: Shimmick Construction Co Report Period: January 1-31, 2023 CM: Tanner Pacific, Inc.

Designer: Schaaf & Wheeler
Original Contract
Duration
(Calendar Days):

Days Elapsed: 856 % Elapsed: 71.3%
Substantial Final
Completion Completion
Date: Date:

Original Contract Approved Revised Contract
Value: CCOs: Value:

Contingency: $9,000,000.00 Remaining
Contingency: $ 323,251.03 % Contingency
Used*: 96%
Costs Billed to Date: $55,769,793.25 % of Contract
Billed to Date: 81%
*Please note: current estimates of financial exposure on the project exceed the currently available contingency. $60,218,000.00 $ 8,676,748.97 $68,894,748.97
Contract/Schedule Update
1200 Additional Days
Granted: 0 Calendar Days
Remaining: 344
Notice To Proceed: 9/28/2020 10/2/2023 1/10/2024
Cost Management Update
Attachment 1

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MONTHLY CONSTRUCTION MANAGER’S REPORT
Work Summary
Recently Completed:
Continued receipt and processing of handrail submittals Additional pavement work at Access Point (AP) 2 ramp near Baywinds Park Receipt of additional site furnishings deliveries to Sea Cloud Park staging area Rock slope protection (rip rap) along Beach Park Blvd
Rebar and concrete placement for Access Point stairs along Beach Park Blvd Streetlight foundation installation along Beach Park Blvd Access Point 24 Retaining Wall construction completion near Sta. 185+00 (north of Shorebird Park)
Initial landscape soil preparation work for ornamental plantings around Access Points along Beach Park Blvd
Continued guardrail installation along Beach Park Blvd Soil preparation and ice plant installation work around Sea Cloud Park Chain link fencing installation around Sea Cloud Park
Trail Signage placement from ~Sta. 200+00 – 343+00 (Shorebird Park to Southern Project Limit)
Initial site furnishings placement from ~Sta. 200+00 - 343+00 (Shorebird Park to Southern Project Limit)
Layout for pavement striping from ~Sta. 200+00 -Sta. 343+00 (south of Shorebird Park) Asphalt paving from ~Sta. 200+00 - 306+00 (Shorebird Park to Baffin Ct.) GraniteCrete (DG) pavement on trail shoulders from ~Sta. 200+00 – 230+00 (Shorebird Park to Sea Cloud Park)
Upcoming:
Continued submittals for signage, site furnishings, and shade structures Continued import of materials to staging areas
Continued construction of Retaining Wall 02 (northwest of the SM Bridge) Access Point 02 ramp completion (near Baywinds Park)
Continued construction of sheet pile wall concrete caps north of the SM Bridge) Continued guardrail installation along Beach Park Blvd Continued construction of bay-side paths along Floodwall 12 (Beach Park Blvd) Continued access point flatwork (concrete ramps and stairs) along Beach Park Blvd Completion of light pole installation along Beach Park Blvd Wiring and energizing of streetlights along Beach Park Blvd Installation of landscape soil preparation work for ornamental plantings around Access Points along Beach Park Blvd
Access Point flatwork repairs (concrete stairs) south of Shorebird Park Handrail installation from ~Sta. 200+00 -Sta. 343+00 (south of Shorebird Park) Pavement striping from ~Sta. 200+00 -Sta. 343+00 (south of Shorebird Park) Decorative pavement installation from ~Sta. 200+00 -Sta. 343+00 (south of Shorebird Park) GraniteCrete installation from ~Sta. 200+00 -Sta. 343+00 (south of Shorebird Park)

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135

MONTHLY CONSTRUCTION MANAGER’S REPORT
Monthly Progress Photos
Lightweight Concrete Fill at Floodwall 7 near E. Third
Ave
Guardrail installation at AP 15 along Beach Park Blvd
Streetlight foundation concrete placement on Beach
Park Blvd
Site furnishings installation near Sea Cloud Park

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136

Levee Project Approved Budget: 85,000,000.00$ 4,368,745.00$ Vendor Name or Expense Consultant Role or Expense Category Base Contract Amount
Contingency Contract
Amendments
Current Contract
Authority
Amount
Total
Expected/Actual
Cost
Invoices Received
and Paid As Of
1/31/23
Contingency
Spent
Contingency
Remaining
Status
Shimmick Construction Construction Contractor 60,218,000.00$ 9,000,000.00$ 69,218,000.00$ 69,218,000.00$ $56,912,798.97 $8,463,552.50 $536,447.50 Active Tanner Pacific (TPI) Construction Management and Inspection 6,698,877.00$ 300,000.00$ 491,500.00$ 7,490,377.00$ 7,550,000.00$ $6,743,446.15 $0.00 $300,000.00 Active Schaaf & Wheeler (S&W) - Phase 3 Engineering Consultant 2,600,000.00$ -$ 1,368,745.00$ 3,968,745.00$ 3,968,745.00$ $3,179,260.67 N/A N/A Active Urban Planning Partners (UPP) Planning Consultant - EIR 340,404.00$ 51,061.00$ 70,099.00$ 461,564.00$ 470,000.00$ $439,006.29 $51,061.00 $0.00 Active Regional Government Services Authority (RGS) Project Advisory Services** 187,200.00$ -$ 147,420.00$ 334,620.00$ 334,620.00$ $240,655.50 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 49,000.00$ -$ 61,000.00$ 110,000.00$ 110,000.00$ $93,478.75 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 127,056.00$ -$ -$ 127,056.00$ 127,056.00$ $98,928.44 N/A N/A Active Tripepi Smith (TS) Communications / Outreach Consultant 133,408.80$ 133,408.80$ 133,408.80$ $48,798.03 Huffman-Broadway Group (HBG) Environmental Consultant - Post Construction Environmental Monitoring
275,000.00$ 275,000.00$ $0.00 $0.00 $0.00 Future Contract Wilsey Ham (WH) RUNCO Survey 16,518.00$ -$ -$ 16,518.00$ 17,000.00$ $4,825.00 N/A N/A In Progress Wilsey Ham (WH) On-Call Surveyor 44,946.00$ 4,000.00$ -$ 48,946.00$ 50,000.00$ $27,140.50 $0.00 $4,000.00 In Progress Bender Rosenthal, Inc. (BRI) Property Acquisition Consultant 218,083.00$ 31, 000.00$ 249, 083.00$ 249, 083.00$ $48, 180.75 $0.00 $31,000.00 In Progress Miscellaneous Expenses Other Miscelleneous Expenses 90,000.00$ 90,000.00$ $65,948.45 Active Miscellaneous Expenses Communications / Outreach Expenses 40,000.00$ 40,000.00$ $24,401.02 Active Miscellaneous Expenses Fees Paid to Other Agencies 200,000.00$ 200,000.00$ $176,348.55 Active Miscellaneous Expenses Property Acquistion Cost of acquisition 100,000.00$ 100,000.00$ $0.00 In Progress Burke, Williams & Sorenson, LLP* City Attorney $ 500,000.00 $ 500,000.00 $400,344.07 Active TBWB Strategies (TBWB) Public Outreach 29,986.00$ 119,565.00$ 149,551.00$ $141,427.04 $141,427.04 Closed Rutan & Tucker (R&T) Attorney 53,874.86$ 53,874.86$ $53,874.86 $53,874.86 Closed EMC Research, Inc. (EMC) Public Opinion Research 44,000.00$ 2,500.00$ 46,500.00$ $46,500.00 $46,500.00 Closed SCI Consulting (SCI) Public Finance Consultant 110,000.00$ 110,000.00$ $37,168.72 $37,168.72 Closed Kitahata Company + William Euphrat Municipal
Finance, Inc. (KC&WE)
Public Finance Advisory Consultant 80,000.00$ 80,000.00$ $24,610.50 $24,610.50 Closed Stradling, Yocca, Carlson & Rauth (SYCR) Attorney - Bond Counsel 15,000.00$ 15,000.00$ $15,000.00 $15,000.00 Closed Huffman-Broadway Group (HBG) Environmental Consultant 20,000.00$ 20,000.00$ $19,980.65 $19,980.65 Closed Schaaf & Wheeler (S&W) - Phase 1 Engineering Consultant 887,644.00$ 887,644.00$ $887,430.58 $887,430.58 Closed Schaaf & Wheeler (S&W) - Phase 2 Engineering Consultant 2,324,286.00$ 529,150.00$ 2,853,436.00$ $2,853,649.42 $2,853,649.42 Closed Miscellaneous (MISC)- Keech Properties LLC Levee Mitigation Credits/Expenses 170,000.00$ 170,000.00$ $170,000.00 $170,000.00 Closed Chrisp Striping for Edgewater 16,764.55$ 3, 000.00$ 19, 764.55$ $15, 818.40 $15,818.40 $3,000.00 Closed *Includes former City Attorney fees 74,385,048.21$ 9,389,061.00$ 87, 698,372.97$ $72, 769,021.31

ONGOING AND FUTURE

CONTRACTS AND EXPENSESMISCCLOSED CONTRACTS

CITY OF FOSTER CITY
CIP 327-657 Levee Improvements Project
Budget and Cost Information

7.1 Attachment 2 - Expenditure Report as of January 31, 2023

137

City of Foster City

MEMORANDUM
DATE: February 6, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Jennifer Nentwig, Principal, Tripepi Smith
SUBJECT: LEVEE IMPROVEMENTS PROJECT – COMMUNICATIONS METRICS Tripepi Smith would like to share the attached updated Levee Improvements Project Communications Dashboard Report with the Mayor and Members of the City Council. In the report, you will see that the metrics now reflect our communication efforts through the month of January 2023.

As a reminder, t his report is a summary that our team typically develops at the end of each month. It includes data on website traffic, social media engagement, community forum participation, and the number and rate of project email and hotline contacts. While Tripepi Smith has been involved in project communications since January 2021, we have pulled numbers (where available) going back to October 2020 to provide a baseline for comparison.

I would like to highlight a few items of note:
• The number of Levee Project inquiries totaled 27 in January 2023, compared to 16 inquiries from the month prior. There has continued to be an increase in inquiries related to the project timeline , trespassing concerns and most recently, requests to remove project fencing . The project team will continue to emphasize safety - related messaging in all communications.
• Twitter totaled 16,426 impressions in January 2023, which is a 47% increase from December 2022. Twitter earned 592 engagements total, and the Cit y's post link click rate rose by 140.8%. This represents the total number of impressions and engagements for all of the City's posts, including levee related content. • Though levee specific post impressions and engagements decreased by 33% and 52% respectively, post link clicks for the month increased by 113%. This is likely due to calls to action in posts directing followers to click links to the project website.

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138

• The top post on Facebook and Twitter in January 2023 highlighted the project website’s Frequently Asked Questions page.

• The City earned 2 4 media mentions in January 2023, with 2 mentions from the San Mateo Daily Journal.

Our team is actively monitoring the metrics to analyze the effectiveness of various types of communication and to align the cadence of our efforts to the community’s interest levels. We believe that the City’s proactive social media communications are leading to fewer people having questions or concerns about the project in general – reflecting positively on overall outreach and engagement efforts.

During January 2023, the number of project inquiries grew from the month prior, largely due to inquiries requesting project fencing to be removed. As the project continues to move closer toward completion and activities such as paving and landscaping are more prevalent, we expect these types of inquiries. The project team remains committed to emphasizing safety messaging, discouraging trespassing, and highlighting trespassing implications such as additional cost to the project and potentially deterring the timeline.

Additionally, the project team will continue to keep the community informed through the regular project channels, including the project website, with any project updates and milestones.

As you review the full report, please feel free to let me know if you have any questions. I would be happy to walk you through the report o ne-on-one if it would be helpful, and we will continue to refine the metrics over time to best meet the project’s needs.

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Jan 2023 - Foster City Dashboard Report
January 2023

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Included in this Report
@CityofFC City of Foster City, CA - Government

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Cross-Network Proﬁles
Review your aggregate proﬁle and page metrics from the reporting period.

Proﬁle Reporting Period 1 1 All T witter Post T ypes
Tagged Published Post Performance Summary
View your key aggregated tag performance metrics from the publishing period.

Tag Lifetime 1 1 All T ags
Comprehensive Overview
Reporting Period
Jan 1, 2023 – Jan 31, 2023
3,988
3%
107
664.3%
156

6.6%
50,720

17.2%
3,690

10.2%

7.3%

5.9%
376

44.3%
Compare to
Dec 1, 2022 – Dec 31, 2022
3,870 14 167 43,275 3,347 7.7% 675
@CityofFC 1,679 65 82 16,144 580 3.6% 101
City of Foster City,
CA - Government
2,309 42 74 34,576 3,110 9% 275
Proﬁle
Audience
Net
Audience
Growth
Published
Posts Impressions Engagements
Engagement
Rate (per
Impression)
Video
Views
Impressions
3,824 32.8%
Engagements
201 52.3%
Engagement Rate (per
Impression)

5.3% 28.9%

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Tagged Published Post Performance Summary
View your key aggregated tag performance metrics from the publishing period.

Tag Lifetime 1 1 All T ags
Post Link Clicks
79 113.5%
Cross network description: This shows how the City's proﬁles (Facebook and T witter) performed overall.

Tagged posts: Levee-speciﬁc posts earned
3,822 impressions and 201 engagements
across the City's Facebook and T witter accounts. Overall impressions and engagements dropped in January 2023 compared to December 2022. The highest performing levee- speciﬁc post was about staying informed on the project by viewing and linking to the oﬃcial webpage for Frequently Asked Questions (FAQs), likely because of the call to action and the link to click. It is advised to continue providing actionable items in the posts about the levee, which will likely keep engagement performing well.

Posts related to the Levee Improvements Project were not published on Instagram or Nextdoor.

Total number of newsletter subscribers: 1,282
Analytics by Platform
Facebook Audience

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Facebook Impressions
Review how your content was seen by the Facebook community during the reporting period.

Proﬁle Reporting Period City of Foster City, CA - Government The total number of Facebook followers in January 2023 is 2,309. This grew by 53 followers since December 2022.

Impressions, by Day
Impression Metrics T otals % Change
Total Impressions 34,576 7.7%
Organic Impressions 33,799 6.6%
Paid Impressions 0 0%
Average Daily Impressions per Page 1,115.35 7.7%
1 JAN
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 1 0 1,000
2,000
3,000
4,000
5,000
Impressions

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Facebook Engagement
See how people are engaging with your posts during the reporting period.

Proﬁle Reporting Period City of Foster City, CA - Government Reactions, Comments, Shares, Post Link Clicks, Other Post Clicks, by Day Engagement Metrics T otals % Change
Total Engagements 3,110 0.1%
Reactions 348 47.3%
Comments 66 69.2%
Shares 51 0%
Post Link Clicks 318 19.3%
Other Post Clicks 2,327 29.6%
1 JAN
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 1 0 200
400
600
800
1,000
Engagements
Notes on Facebook Performance

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Twitter Audience Growth
See how your audience grew during the reporting period.

Proﬁle Reporting Period @CityofFC All T witter Post T ypes The City's Facebook proﬁle earned 34,576 impressions and 3,110 engagements in January 2023, which is a marked increased in impressions and relatively constant engagement rate. This represents the total number of impressions and engagements for all of the City's posts, including levee-related content.

Followers, by Day
Audience Metrics T otals % Change
Followers 1,679 4%

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Twitter Impressions
Review how your content was seen by the T witter community during the reporting period.

Proﬁle Reporting Period @CityofFC All T witter Post T ypes Impressions, by Day
Impression Metrics T otals % Change
Impressions 16,144 44.5%
1 JAN
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 1 0 500
1,000
1,500
2,000
2,500
Impressions

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Twitter Engagement
See how people are engaging with your posts during the reporting period.

Proﬁle Reporting Period @CityofFC All T witter Post T ypes Engagements, by Day
Engagement Metrics T otals % Change
Total Engagements 580 148.9%
Likes 58 93.3%
@Replies 13 62.5%
Retweets 14 —
Post Link Clicks 180 136.8%
Other Post Clicks 315 164.7%
Other Engagements 0 0%
1 JAN
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 1 0 20
40 60
80 100
120
140
Engagements
Notes on Twitter Performance

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Tagged Top Posts
View the top tagged published posts from the publishing period.

Tag Lifetime 1 1 All T ags
T witter totaled 16,426 impressions in January 2023, which is a 47% increase from December 2022. T witter earned 592 engagements total, and the City's post link click rate rose by 140.8% and retweets remained constant. This represents the total number of impressions and engagements for all of the City's posts, including levee related content.

Similar to Facebook, the top tweet in January 2023 highlighted the project website's FAQ page. This was the most well-performing post likely because of the call to action and the link to click for more information.

Descending by Lifetime Impressions
City of Foster …
Thu 1/12/2023 9:00 am …
Impressions 680
City of Foster …
Fri 1/20/2023 9:00 am PST
Impressions 363
City of Foster …
T ue 1/3/2023 3:07 pm PST
Impressions 363
Have questions about Foster
City's Levee Improvement
Project? Get your questions…
Are you up to date on Foster Ci
Levee Improvements Project? V
the project website to get all th
Foster City residents, this
week's #SafetyTipOfTheWeek
from the Levee Improveme…
About

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Tagged Top Posts
View the top tagged published posts from the publishing period.

Tag Lifetime 1 1 All T ags
Descending by Lifetime Impressions
@CityofFC
T ue 1/3/2023 3:07 pm PST
Impressions 342
City of Foster …
Fri 1/6/2023 6:31 pm PST
Impressions 325
City of Foster …
T ue 1/10/2023 4:00 pm …
Impressions 314
1/2
Foster City residents,
this week's
#SafetyTipOfTheWeek fr…
Have questions about the
Levee Improvements Project?
Check out our animated vid…
This week's
#SafetyTipOfTheWeek from
the Levee Improvements…

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Tagged Top Posts
View the top tagged published posts from the publishing period.

Tag Lifetime 1 1 All T ags
Descending by Lifetime Impressions
@CityofFC
Fri 1/6/2023 6:30 pm PST
Impressions 304
@CityofFC
Fri 1/20/2023 9:01 am PST
Impressions 246
@CityofFC
T ue 1/10/2023 3:46 pm …
Impressions 240
Have questions about the
Levee Improvements Project?
Check out our animated vid…
1/2 Are you up to date on
Foster City's Levee
Improvements Project? Visit…
1/2
This week's
#SafetyTipOfTheWeek from
the Levee Improvements…

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Tagged Top Posts
View the top tagged published posts from the publishing period.

Tag Lifetime 1 1 All T ags
Descending by Lifetime Impressions
City of Foster …
Thu 1/26/2023 1:01 pm …
Impressions 228
@CityofFC
Thu 1/26/2023 1:02 pm …
Impressions 213
@CityofFC
Thu 1/12/2023 9:00 am …
Impressions 119
Do you have questions about
the Levee Improvements
Project? Our project website…
1/2 Do you have questions
about the Levee
Improvements Project? Our…
Have questions about Foster
City's Levee Improvement
Project? Get your questions…
Project Tours/Speaking Events
T otal: 0
Description: The Levee Improvements Project team did not conduct project tours or speaking events in January 2023.

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Project Inquiries
T otal number of inquiries: 27
Average inquiries/day: 0.8
Website Visitors
T otal number of visitors this month: 4,163
Average visits per day: 134
Average visit length (minutes): 1:51
Media Mentions
The Levee Improvements Project earned 24 media mentions in January 2023, with 2 mentions coming from The San Mateo Journal. All other mentions were relatively spread out across platforms and sources.

Here is a
summary of the City's January 2023 media mentions.

Password: FC123
Glossary
- Total Impressions: The number of times that any content associated with your page was displayed to a user during the reporting period. This includes both organic and paid activity.
- Facebook Total Engagements: The total number of reactions, comments, shares, post link clicks, other post clicks, and page actions. This includes both organic and paid activity. - Facebook Other Post Clicks: The number of times that users clicked anywhere in your posts without opening a web link, reacting to, commenting on, or sharing your post during the reporting period. This includes clicks to play a video and view a photo. This includes both organic and paid activity.

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- Page Actions: The number of times that users clicked on your page’s links or action button during the reporting period.
- Facebook Engagement Rate (per Impression): Reactions, comments, shares, post link clicks, other post clicks, and page actions as a percentage of proﬁle impressions. This indicates how engaged people are with your brand.
- Instagram Impressions: The number of times all of your posts and stories were displayed to a user during the reporting period. This does not include proﬁle visitors. This includes both organic and paid activity.
- Instagram Total Engagements: The total number of likes, comments, saves, story replies, and proﬁle actions. This includes organic activity only. In compliance with the European Union’s ePrivacy Directive, Sprout’s Instagram Story Reply metrics will no longer include activity from users in the EEA and it may impact this metric. - Proﬁle Actions: The total number of times users clicked on the links within your proﬁle to contact you, get directions to your location, or visit your website. - Instagram Engagement Rate (per Impression): Likes, comments, saves, story replies, and proﬁle actions as a percentage of proﬁle impressions. This indicates how engaged people are with your brand.
- Twitter Impressions: The number of times that all of your posts were displayed to a user during the reporting period. This includes impressions when your posts are retweeted by other users. This includes organic activity only.
- Twitter Total Engagements: The total number of likes, @replies, retweets, post link clicks, other post clicks, and other engagements. This includes both organic and paid activity.
- Twitter Other Post Clicks: The number of times that users clicked on the content in your posts, excluding the link, during the reporting period. This includes clicks on the media, hashtags, detail expand, and user proﬁle from your posts. This includes organic activity only.
- Twitter Other Engagements: The number of times during the reporting period that users engaged with your posts in other ways. This includes such engagements as poll votes, app install attempts, app opens, and follows from your posts. This includes organic activity only.
- Twitter Engagement Rate (per Impression): Likes, @replies, retweets, post link clicks, other post clicks, and other engagements as a percentage of proﬁle impressions.

This indicates how engaged people are with your brand.

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DATE: February 21, 2023

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

FROM: Derek Schweigart, Parks and Recreation Director
Tiffany Oren, Recreation Manager
DEPARTMENT: Parks and Recreation
SUBJECT: RECREATION CENTER REBUILD PROJECT (CIP 301-678) –

GENERAL UPDATE

RECOMMENDATION
It is recommended that the City Council, by Minute Order, consider and accept this progress update on the Recreation Center Rebuild Project (CIP 301-678). No further action is required by the City Council.

EXECUTIVE SUMMARY
Staff will provide a verbal update and presentation of the latest project activities at the City Council meeting. This report provides a progress update on the Recreation Center Rebuild Project highlights and important next steps.

The project work plan, schedule and highlights provided by Group 4 Architecture (Attachment 1) is a review of project activities since the project kick-off meeting on December 16, 2022. These include the following:

•The project kick-off meeting was held on December 16, 2022, which included City staff and lead staff from Group 4 Architecture. The purpose of the meeting was to introduce the Project Management Team (PMT), review existing documentation, review the project workplan and project schedule that includes community

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participation, prepare for initial site survey and existing conditions report, and prepare for the project’s website launch.
•The second PMT meeting was held on January 12, 2023, which introduced more of the project team from Group 4 Architecture and other sub-consultants. At the meeting, the PMT provided their input on the overall project goals that were categorized under Process, Project, Sustainable Operations, and Outcomes. The team worked to finalize the project schedule which includes public meetings of the Recreation Center Project Task Force, joint meetings of the Planning Commission and the Parks and Recreation Committee, City Council meetings, and community outreach campaigns between March 1-14 and May 1-14. The PMT also reviewed possible site layout options noting an existing major storm drain under the current Recreation Center building, review of the current building program and proposed programming, and finalizing the project identity.
•An important component of the Project Schedule is the formation of the Recreation Center Rebuild Task Force. At the regular Council meeting on November 21, 2022, the Council accepted the plan and the proposed task force composition made up of volunteers from a cross section of community and facility user groups and advisory committees, such as the Planning Commission, Parks and Recreation Committee and City staff. Participating citizen advisory committees selected their representative(s) to serve on the task force, while others were asked to complete an application and interest form and were selected by the project team. The task force composition was informed by the previous community engagement work that occurred as mentioned earlier. The task force includes the following:

Task Force Member Foster City Organization Affiliations Evan Adams Foster City Planning Commission
Fred Baer Foster City Parks and Recreation Committee
Richard Biederman FC Rotary Club; FC Village Volunteer; Hillbarn Theatre Board Eric Corpuz Foster City Parks and Recreation Committee
Ajay Godbole FC AYSO, FC Little League; Brewer Island School Site Council Maddy Koval Acting Recreation Coordinator (Staff)
John Liu FC Youth Advisory Committee
Isha Misra FC Youth Advisory Committee
Jimmy Ness Bair Island Cyber Lions Club; FC Rotary Club Tiffany Oren Recreation Manager (Staff)
Allison Proctor
SMFC School Board Trustee; FC Little League; Bowditch Middle School PTA; FC Rotary Club; Sister City Assoc.

Amit Saini Foster City Elementary School PTA

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Task Force Member Foster City Organization Affiliations Derek Schweigart Parks & Recreation Director (Staff)
Amit Sen Baybasi, Inc.

Helena Ting Torre 55+ Club
Raj Tiwari Foster City Parks and Recreation Committee

•The first Recreation Center Rebuild Project Task Force meeting was held on January 25, 2023. The meeting began with a Blog exercise where participants were able to share their aspirations for the new Recreation Center. The task force also helped to develop the project goals of Process, Project Outcomes and Sustainable Operations. The group also explored the 9 best practices for planning and design for recreation centers, including community synergies, flexible spaces, sustainable and efficient operations, accessible to all, collaborative environments, fostering creativity, vibrant places and spaces, sustainable design, and celebration of community. Finally, the task force was given a homework assignment to visit another recreation center on the peninsula and document a noteworthy space that they liked to share with the group. •Technical meetings have started in January, including a meeting of Recreation Division staff to review and discuss the current and proposed building program for the new Recreation Center, and a meeting with City’s Planning Division to review and discuss the City’s zoning requirements and considerations related to CEQA analysis as part of the project.

Next Steps
•Currently through July 2023 - conceptual design refinement and schematic design development
•February launch of project website www.rebuildtherec.org and www.fostercity.org/rebuildtherec
•March 2 - Joint Planning Commission and Parks and Recreation Committee •March 6 – City Council meeting for project update by staff and Group 4 Architecture and to receive input from Council
•March 3-19, first round of community outreach planned activities that includes popup kiosks, public meetings, online survey which will cover facility needs and opportunities and site analysis and opportunities.

California Environmental Quality Act
This regular project update is not a subject of the California Environmental Quality Act.

However, the Recreation Center Rebuild Project will include a CEQA review as part of project scope.

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FISCAL IMPACT
There is no fiscal impact for receiving this update on the Recreation Center Rebuild Project.

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

ATTACHMENTS:

Attachment 1 - Group 4 Architecture - January 2023 Monthly Report

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FOSTER CITY RECREATION

CENTER REBUILD PROJECT
PROGRAMMING + CONCEPTUAL DESIGN
City of Foster City
January 2023 Monthly Report

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159

AGENDA
2 1. Project Schedule

2. Project Management
 Meeting Update
 Website

3. Work Underway
 Programming
 Site Options

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TODAY

CURRENT TASK

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4Foster City Recreation Center
TODAY

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5Foster City Recreation Center

JANUARY MEETINGS
PMT Meetings - hybrid, G4 in-person
 1/12-1:30-4– PMT #2 Today
 01/19 – PMT #3
 02/2 – PMT #4
• 02/16– PMT #5
• 03/2 – PMT #6
• 03/16 – PMT #7
• 03/30 – PMT #8
• 04/13 – PMT #9
• 04/27 – PMT #10
• 05/11 – PMT #11
• 05/25 – PMT #12
• 06/08 – PMT #13
• 06/15 – PMT #14
• 06/22 – PMT#15
Task Force Meeting– hybrid, G4 in-person
 01/25 - Meeting #1
• 02/22 – Meeting #2
• 03/22 – Meeting #3
• 04/19 – Meeting #4
• 05/24 – Meeting #5
• 06/28 – Meeting #6
City Council Meetings - hybrid, G4 in-person
• 03/6 – Meeting #1
• 06/05 – Meeting #2
• 07/03 or 07/17 – Meeting #3
Technical Meeting + IDW– in-person
 P+R Tech. Mtg #1
 Planning Tech Mtg #1
 Public Works Tech Mtg #1
• 03/17 - IDW #1 TBC
• 06/08 – IDW #2 TBC
Jt. Planning Commission + Park and Recreation
Committee- hybrid, G4 in-person
• 03/02 – Meeting #1
• 04/06 – Meeting #2
• 05/18 – Meeting #3
Planning Commission (CEQA) - hybrid
• 06/15 – Public Hearing

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6Foster City Recreation Center

MEETING SCHEDULE COMMUNITY ENGAGEMENT- UPCOMING
 Program Options
 Site Options + Floor Plans

1. March 3-19, Outreach 2. May 1-14, Outreach

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7Foster City Recreation Center

WEBSITE- LAUNCHING IN FEBRUARY
Project Identity
• Palette and design to mimic outreach boards
• Widgets and interface to mirror physical outreach topics Site URL
• Rebuildtherec.org (CitizenLab confirmed this URL can be used) Next Steps for City
• Approve design direction and URL
• Create unique email for the project
• Prepare to links from city website to the project
• Prepare social media posts and press releases for engagement • G4: complete website setup
Timeline for Launch and Updates:

February 6, 2023
• January Task Force Presentation ppt
• January CC Council Project Update ppt
• Host background information/previous studies
March 2023
• Promotion of Popup Kiosk + Public Meetings
• Community Engagement Online Survey Round 1
• February Task Force Presentation ppt
• February CC Council Project Update ppt
April 2023
• Promotion Public Meetings
• March Task Force Presentation ppt
• March CC Council Project Update ppt
May 2023
• Promotion of Popup Kiosk + Public Meetings
• Community Engagement Online Survey Round 2
• April Task Force Presentation ppt
• April CC Council Project Update ppt
June 2023
• Promotion Public Meetings
• May Task Force Presentation ppt
• May CC Council Project Update ppt
July 2023
• Promotion Public Meetings
• June Task Force Presentation ppt
• June CC Council Project Update ppt

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8Foster City Recreation Center

SITE LAYOUT OPTIONS MATRIX
B1 Building centrally located between Shell Blvd + Boardwalk B2 Building along Lagoon A1 Building along Shell Boulevard
~40,000gsf
~40,000gsf
~40,000gsf
A2 Building along Lagoon
~40,000gsf
A3 Building straddles Storm Drain
?
~40,000gsf

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9Foster City Recreation Center

PROGRAM SUMMARY

FITNESS/DANCE

ENRICHMENT

CLASSROOM

COMMUNITY
HALL

CONFERENCE
ROOM

MEETING
ROOOMS

ARTS/CRAFSSERVICE POINT

SENIOR LOUNGE/

GAME ROOM
STAFF
EARLY

CHILDHOOD

RECREATION

COMMERCIAL

KITCHEN

LOBBY/RECEPTION

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10 Foster City Recreation Center

PROGRAM SUMMARY

S P A C E Q T S F Q T S FQ T S FQ T S F
Entry Lobby 1 1475 1 2975
Multipurpose Room 1 (Senior Center) 2400 1 9000
Community Event Space 1 3500 1 5500
Large Meeting Room 2 2200 4 4800
Medium Meeting Room 5 3950 4 3000
Small Meeting Room 3 1050 2 1000
Food Service 2 1000 3 2800
Preschool 1 1200 1 1500
Ceramics Studio 1 1400 1 2000
Arts Studio 1 350 1 1000
Fitness Rooms 1 1200 1 1500
Staff 1 1600 1 1800
Support Spaces 1 2700 1 2200
Circulation Factor 11,657 30% 11750
Total 35,682 SF 50,925 SF ? SF ? SF

EXISTING

PROGRAM

OPTION A

SINGLE STORY

OPTION B

DOUBLE STORY
2018 BT
OPTION 3

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FOSTER CITY RECREATION

CENTER REBUILD PROJECT
PROGRAMMING + CONCEPTUAL DESIGN
City of Foster City
January 2023 Monthly Report

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DATE: February 21, 2023

TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, District Manager

FROM: Marlene Subhashini, Assistant District Manager
DEPARTMENT: Public Works
SUBJECT: WASTEWATER TREATMENT PLANT MASTER PLAN
IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER
PROGRAM - UPDATE FOR QUARTER 4 – OCTOBER THROUGH
DECEMBER 2022

RECOMMENDATION
It is recommended that the Board of Directors of the Estero Municipal Improvement District (EMID) by minute order, receive and accept this progress update on the Clean Water Program (CWP). No further action is required by the EMID Board of Directors.

EXECUTIVE SUMMARY
This report summarizes the progress-to-date of the Wastewater Treatment Plant (WWTP) Master Plan Improvements Project (CIP 455-652) - Clean Water Program for the City of San Mateo/EMID Wastewater Treatment Plant (WWTP) for the months of October 2022 through December 2022. The report includes summary information about construction and other project activities over the third quarter of the calendar year.

BACKGROUND
The CWP is a comprehensive capital improvement program to rehabilitate the sanitary sewer collection system in the City of San Mateo and the treatment systems at the San Mateo WWTP. EMID has 24.12% ownership of the WWTP. In October 2014, the City of San Mateo retained Jacobs to serve as the Program Manager responsible for

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overseeing the management of the approximately $1 billion-dollar combined program, including the coordination of the design, construction, and start-up activities of this multi- year project.

To remain apprised of the progress of the portion of the CWP for which EMID is responsible (i.e., WWTP Nutrient Removal and Wet Weather Flow Management Upgrade and Expansion Project (WWTP Expansion Project)), the EMID Board of Directors requested that staff provide updates on a regular basis. The WWTP Expansion Project is being performed using a Construction Manager at Risk (CMAR) delivery method, whereby the contractor is involved in the project early in the design process and the City benefits from the contractor providing constructability input and insight to inform the design development.

The Program Manager and Construction Manager is Jacobs. The WWTP Expansion Project Design Engineer is HDR. The team for the disinfection improvements portion of the WWTP Expansion Project is Trussell Technologies. HDR is also providing Engineering Services During Construction (ESDC). The CMAR is Sundt (https://www.sundt.com)

ANALYSIS
Construction is progressing well overall.

Construction Package 1 – Site Preparation (Original Agreement with Sundt Construction Inc. - $33,098,178). The project work is completed with the construction of the storm drain system completed in late October 2022. The project acceptance is pending upon receiving releases from the sub-contractors and final project as-builts. As part of the project closeout, the remaining project balance of approximately $1 million dollars will be transferred to construction Package 3.

Construction Package 2 – Foundation Piles (Amendment No. 1 to the Agreement with Sundt - $17,716,049). The work for this contract is also completed, and the minor remaining work to install rebar hooks into approximately 150 piles was transferred to Package 3. The project acceptance is also pending releases from the subcontractors and suppliers prior to closeout.

Construction Package 3 – WWTP Facilities (Amendment No. 2 to the Agreement with Sundt – $379,880,746) – Construction of the WWTP upgrades continues to make significant progress. Some of the major ongoing activities include construction of the new treatment facilities, administration building, and warehouse. The framing of the exterior of the administration building is complete. Installation of interior utilities and walls is nearing completion. The administration building is anticipated to be completed in spring 2023, and the framing of the warehouse has begun. Approximately 32,000 cubic yards (CY) of concrete has been placed (95% of the total 32,000 CY) for this project. Electrical switchgear, transformers and four generators for the new electrical building are being installed. The contractor has installed two new generators in the existing main structure

7.3 7.3 Staff Report

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as well as completed modifications to the refueling system. Additional work throughout the treatment structures continues and includes formwork and rebar, placing concrete for slabs, walls, columns, and decks, installation of yard piping, process mechanical, plumbing, HVAC, electrical work, and odor control equipment, and work on various treatment structures. Miscellaneous sitework, including installation of the membrane permeate pipe and secondary effluent pipe, water main and water loop for fire protection, and electrical duct bank are ongoing.

QUARTERLY CONSTRUCTION REPORT
Attachment 1 consists of selected portions of the Quarterly Progress Report for October through December 2022 published by the Program Management Team on January 25, 2023, summarizing the budget, schedule, and project activities that have occurred during the fourth quarter of 2022 and activities that are anticipated to occur in the first quarter of 2023 for the following projects:
•WWTP Expansion Project (comprised of GMP - 1, 2 and 3) •Immediate Action Projects (IAPs), and
•Annual Major Component Projects (AMCPs).

Attachment #2 consists of a site plan showing the locations of the various process units being constructed as part of the projects.

Attachment #3 includes before and after photographs of construction activities at the site over the past 3 months.

More detailed information including additional photographs and architectural renderings of the completed WWTP Expansion Project as well as real time video of the active construction, are available on the Clean Water Program Project site:
https://cleanwaterprogramsanmateo.org/wwtp/.

FINANCING
In addition to free cash flow from the District’s and City of San Mateo’s wastewater enterprises, financing for the project consists of the following funding sources:

Revenue Bonds – The San Mateo Foster City Public Financing Authority (“PFA”) sold $270 million in revenue bonds in 2019 for Clean Water Program costs. The District’s share of the proceeds from that bond issue was $40,131,000. The WWTP 2019 bond funds were fully expended in July 2021.

Water Infrastructure Finance and Innovation Act (WIFIA) -- The PFA approved the close of the WIFIA loan in November 2020 in the total amount of $277.2 million (San Mateo

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share is $210.4 million and EMID share is $66.8 million) under the WIFIA loan program administered by the federal Environmental Protection Agency. The WIFIA loan has excellent rates (1.32% for San Mateo and 1.14% for EMID). The WIFIA loan will be used to pay off the 2021 Revenue Notes (below) in 2025. 2021 Wastewater Revenue Notes, Series A (EMID) - On July 1, 2021, the PFA issued $62.76 million of 2021 Wastewater Revenue Notes, Series A (EMID) to attain a cost savings (from lower interest rates than the WIFIA loan) of approximately $1.1 million for the financing of EMID’s share of WWTP project costs. These notes have a maturity date of 8/1/25 when the City will draw on the WIFIA Loan to pay off the notes.

State Revolving Fund (SRF) – On April 4, 2022, the Board of Directors adopted EMID Resolution No. 3641 authorizing a Construction Loan Agreement with the PFA, the City of San Mateo, and the California State Water Resources Control Board from the State of California for a low interest loan under the State Revolving Fund Loan Program. The District and San Mateo were approved for a maximum loan amount of $137,000,000 with an interest rate not to exceed 1.6% (The District’s share of the loan is $33,044,400).

These funds are now available as part of the financial strategy for the project.

California Environmental Quality Act
A Programmatic Environmental Impact Report was prepared for the Wastewater Treatment Plant Master Plan Improvements Project (State Clearinghouse No. 2015032006).

FISCAL IMPACT
There is no fiscal impact associated with this update.

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

Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022
Attachment 2 - Wastewater Treatment Plant Site Plan
Attachment 3 - Construction Photographs

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GMP1 – Contract
Contractor Sundt
Award Date 5/6/2019
Construction NTP 6/4/2019
Duration (calendar days) 1124
Contracted Completion Date 7/1/2022
Total Original Contract Amount $33,098,178.00
Contingency Amount $1,725,000.00
Forecast Completion Date 2/1/2023
Current Contracted Amount $34,525,194.00
Actual Expended $31,008,684.00
GMP2 – Contract
Contractor Sundt
Award Date 5/4/2020
Construction NTP 5/5/2020
Duration (calendar days) 619
Contracted Completion Date 01/14/2022
Total Original Contract Amount $17,716,049.00
Contingency Amount $1,645,000.00
Forecast Completion Date 2/1/2023
Current Contracted Amount $17,963,767.00
Actual Expended $17,206,534.00

Active Wastewater Treatment Plant Projects
46T003 WWTP Nutrient Removal and Wet Weather Flow
Management Upgrade
Project Description:

The WWTP Upgrade and Expansion Project will replace aging infrastructure, provide capacity for wet weather flows, comply with regulatory requirements, enhance reliability, and produce a higher quality effluent that meets current and future permit requirements and Title 22 recycled water quality. Producing a higher quality effluent will enable the City to develop a water reuse Program.

GMP3 – Contract
Contractor Sundt
Award Date 9/21/2020
Construction NTP 9/22/2020
Duration (calendar days) 1563
Contracted Completion Date 1/2/2025
Total Original Contract Amount $379,880,747.00
Revised Contract Amount $383,858,616.00
Original Contingency Amount $13,900,000.00
Revised Contingency Amount $15,337,010.00
Forecast Completion Date 1/2/2025
Current Contracted Amount $393,661,028.00
Actual Expended $246,610,268.00

Current Period Activities
Project/Construction Management
 Procuring the Air Gap for the domestic waster system.   AT&T removed old service and connected to new service in October 2022. PG&E scheduled to remove old service and connect to new service in February 2023
 Developed a high-level summary project schedule for GMP-3 three-year look-ahead focused on training, and start-up and commissioning activities for City’s planning purposes; participated in Sundt's monthly start-up and commissioning planning meeting.

October through December 2022 P A G E 10

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2022
Project Inside
Project Manager Leswin DCunha
Project Type Wastewater System
Phase Construction

7.3 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022

174

 Monthly WWTP update meeting with Foster City management team.  Engineering Design/ Services During Construction
 Interpretive Signage: RHAA working on the final design phase.  ESDC: HDR continued review of submittals and RF Is on all three GMPs; development of design change notices; onsite and remote support by Resident Engineer. .HDR has started the preparation of electronic Operations and Maintenance Manuals
Permitting
 SWPPP: Updates to both the Construction and Industri al SWPPPs were incorporated into the existing WWTP site into Sundt’s CGP.
Public Outreach
 PM/CM and the CWP Public Outreach Lead coordi nated on regular project updates to the website, newsletter, social media, etc.
Construction
GMP-1
 All work completed. Project close out has begun 
GMP-2
 Project close out is almost completed. 
GMP-3
 Electrical, concrete, and mechanical work including installation of pumps and piping was performed for the new facilities in all areas. Odor control equipment and blowers continue to be installed. Application of special coatings has begun in the primary clarifiers.
 Commissioning meetings were held to continue di scussing start-up activities, including roles and responsibilities.
 Yard piping work in the West Corridor was completed to the headworks.   Potholing in the East Corridor was completed. 
 Continued pricing for several change events. 
 Construction of the Administration Building continued wi th installation of site utilities , interior utilities and framing of interior walls.
 Construction of warehouse continued with installation of foundation piles and slab.   The Generators for Area 56 have been placed and are being installed. 
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October through December 2022 P A G E 11

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2022

7.3 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022

175

Next Period Activities
Project/Construction Management
 PG&E to abandon their old utilities from Detroit Drive.   HDR’s to provide additional ESDC services incl uding development of process O&M manuals, process training, expanded discipline-specific Resident Engineer services, and related known scope reflected in the contingency budget.
Engineering Design/Services During Construction
 Interpretive Signage: RHAA to progress to final design.   ESDC: HDR to continue to provide onsite resident engineering services. Permitting
 Record the WWTP Final Parcel Map with the County upon completion of relocating PG&E and AT&T’s utilities from Detroit Drive (March 2023).
Public Outreach
 Provide project updates to the CWP Public Outreach Lead for monthly newsletter, website, and social media updates.
 Continue as-needed support in response to resident queries via the communication hotline.  Construction
GMP-1
 Close out project 
GMP-2
 Close out project. 
GMP-3
 Concrete in Areas 51(Headworks), 52 (Primary Clarifie rs), 53 (Bio- ACTi Flo), 55 (BNR), 56(MBR), 64 (Odor Control), and 80. (Administration Building) complete by February 2023.  Underground electrical in Areas 51, 56, and 64. 
 Process mechanical in Areas 52, 53, 55, and 56. 
 Continue interior and exterior improvements in the Administration building   Continue construction of the Warehouse 
 Yard piping – Continue to Install the Membrane Pe rmeate ,Secondary Effluent and various smaller utility piping.
 Earthwork – excavation, grading, and backfilling.

October through December 2022 P A G E 12

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2022

7.3 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022

176

Risks and Opportunities
 Cal Water’s New Potable Water Main Extension: Cal Water construction of the 3rd Avenue water line extension was completed in February 2022.
 PG&E’s New Primary Service: PG&E’s construction energized the SEMS on February 4, 2022.  Relocation of PG&E’s Utilities from Detroit Drive: PG&E began construction on June 20, 2022, and construction completed in December 2022. Abandoning old service and connecting to new service is scheduled for February 2023.

October through December 2022 P A G E 13

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2022

7.3 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022

177

Financial Status
Overall EAC continue to trend closer to budget. PM and CM team are managing to reduce this gap.

Millions

Budget $532.71

Actual Cost to date $343.78

Estimate at Completion $551.48

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Schedule Status
Part of re-baseline efforts. Current foreca st shows to be completed on time in January 2025.

October through December 2022 PA G E 14

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2022

7.3 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022

178

46T009 IAP Package II
Project Description:

Replace and repair aging infrastructure at the WWTP by adding screening, flexibility, and redundancy for WWTP solids processes. The project includes: (1) Mechanical bar screen and repair of concrete wall at the IJB; (2) Effluent PS #1 pumping and piping improvements; (3) replace two of the oldest pumps in PS #1; (4) Cake pumping system: add second cake pumping system; and (5) Second cake hopper system: add a second cake hopper, slide gate, access walkway, and platform.

Current Period Activities
Project/Construction Management
 Coordinated City negotiations with Contractor for  time extension / delays. 
Worked with Contractor to modify the New Hopper 
Coordinated the Centrifuge Performance Tests 
Engineering Design/ Services During Construction
(Various)
 Stantec  ESDC ongoing through remainder of construction period. Permitting
 No activities this period. 
Public Outreach
 No activities this period. 
Construction
Immediate Action Projects, Package II (IAP II)
 Conduct revised performance tests for of new centrifuge.   Contractor requested to remove welded piping and install new piping .   Installation of Hopper Modifications
Next Period Activities
Project/Construction Management
Continued change management support. 
Engineering Design and Engineering Services During Construction Stantec ESDC ongoing through rema inder of construction period. Continue review of submittals and RFI. 
Permitting
No activities this period. 

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October through December 2022 Page 23

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2022
Project Inside
Project Manager Tyler Kirkendall
Project Type Wastewater System
Phase Construction
Design Firm Stantec, HDR
IAP II – Contract
Contractor Myers & Sons
Award Date 2/11/2019
Construction NTP 2/19/2019
Duration (calendar days) 848
Contracted Completion Date 6/14/2021
Contract Amount $6,340,000
Contingency Amount $934,000
Forecast Completion Date 3/1/2023
Current Contracted Amount $7,159,241
Actual Expended $7,115,241

7.3 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022

179

Public Outreach
No activities this period. 
Construction
Immediate Action Projects, Package II (IAP II)
Work with Contractor to Complete fix to the piping system  Risks and Opportunities
Sludge Cake Hopper No. 1 has not su ccessfully completed start-up testing. Contractor working to identify issue affecting Cake Pump No. 1 and requested both design engineer and Vendor assistance in their troubleshooting of Cake Pump No. 1. Design Engineer provided new sludge cake measurement technology selection in DC 8, which was issued to the Contractor in September. City contracted with a third party to provide recommendations for fixing the Cake pump. Third party has recommended removal of welded pipe and installation of new piping. Contactor has been instructed to do so. City working with Contractor for a solution.
Delays to the project by sludge cake pumping syste m will result in significant delays to the project.

Financial Status
Current update shows an overrun ($2.05M) of current budget.

Millions

Budget $12.95

Actual Cost to date $12.20

Estimate at Completion $15.00
Schedule Status
Project schedule temporary on hold while issues are being resolved. Anticipates construction to be completed by Feb 28, 2023

October through December 2022 P A G E 24

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2022

7.3 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022

180

46T010 IAP Package III
Project Description:

Upgrade aging infrastructure and increase reliability for the effluent PS at the WWTP. Improvements include perform hydraulic analysis on the effluent PS and flow meters; replace MCCs P1, P2, P3, and P4 in the Main Structure Building; add variable-frequency drives (VFDs) and check valves on stormwater pumps; replace check valves (3) for dry weather pumps; replace MCCs/VFDs (4) and control panels (4) for dry weather pumps; and replace doors (3) and windows (10), repair roof, and add HVAC for the PS.

Current Period Activities
Project/Construction Management (City/Jacobs)
Currently working to rescope and readvertise the project.  Engineering Design/ Services During Construction (HDR)
None reported. 
Next Period Activities
Project/Construction Management (City/Jacobs)
Advertise and award. 
Engineering Design/ Services During Construction
HDR to begin EDSC. 
Risks and Opportunities
Rescoping the project will push out the completion date of the project.

Financial Status
With rescoped design estimate, project shows an overrun of $15.4 million. The PM is working to generate a CRF to move budget funds after the value engineering and or rescoping of the project is completed.

Budget
$2.47
million

Actual Cost to date
$1.18
million

Estimate at Completion $17.87 million

Schedule Status
Current forecast shows final completion on time in October 2023.

October through December 2022 P A G E 25

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2022
Project Inside
Project Manager Daniel Patten
Project Type Wastewater System
Phase Engineering

7.3 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022

181

46T090 Annual Major Component WWTP
Project Description:

Maintain reliable plant operations to meet regulatory permit requirement and repair and replace critical WWTP infrastructure.

Operations and maintenance team maintain an active list of potential projects that are implemented as funds are available.

Current Period Activities
Project/Construction Management (City/ Jacobs)
Ongoing construction management of AMC 6 + 23 (Natural Gas Line Replacement and Improvements) Additional AMC project
 Update WWTP Biosolids and Energy Management Plan
 Digester 1 Improvements
 Centrifuge and Centrifuge Feed Pump Replacement
 Solids Handling Systems I&C Improvements
 Digester Transfer Pump Project
 3 Water Pumping Improvements
 DAFT Corrosion Improvements
Permitting (Various)
None
Construction
EPS (Express Plumbing Services) Inc. is working on AMC 6 + 23.  Next Period Activities
Project/Construction Management (City/ Jacobs)
None 
Engineering Design/ Services During Construction
Design Consultants working on the AMC projects
Permitting
None 
Construction
None 
Risks and Opportunities
AMC 36 Centrifuge Conveyor Replacement is on hold. 
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October through December 2022 P A G E 26

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

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2022
Project Inside
Project Manager Daniel Patten
Project Type Wastewater System
Phase Engineering

7.3 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022

182

Financial Status
Project shows EAC over budget.by 1.48 million

Millions

Budget $7.34

Actual Cost to date $1.07

Estimate at Completion $1.80 $8.83
Schedule Status
AMC 6 +23 was completed in November 2022. All ot her AMC Projects are in the predesign phase. 
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October through December 2022 P A G E 27

7.3 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022

183

Completed Projects

Wastewater Treatment Plant Projects
Updated to latest values from EDEN (January 2020)

Name

Start Date
Finish
Date

Actual Cost
469948: SCADA Immediate Projects: Phase 2 (IAP) 1/2/2015 11/25/2015 $1,524,717 469962: Short-Term MCC Replacement Project (IAP) 1/2/20 15 11/25/2015 $49,628 469973: Secondary System: Immediate Projects: SCs 1-4 and return- activated sludge Pump Values (IAP)
1/2/2015 11/25/2015 $426,918
469975: Solids: Immediate Projects: GT 1&2 (IAP) 1/2/20 15 11/25/2015 $372,358 469976: Immediate Projects: Boiler Replacement 1/2/2015 4/29/2016 $475,296 469978: Solids Building: Immediate. Projects: Centrifuge Hoist Project (IAP) 1/2/2015 11/25/2015 $2,410 46T002 IAP Package I 8/1/ 2018 8/28/19 $18,621,868
TOTAL $21,472,951

October through December 2022 P A G E 28

SAN MATEO CLEAN WATER PROGRAM QUARTERLY REPORT
Q4 2022

7.3 Attachment 1 - Selected Portions of Quarterly Progress Report - 4th Quarter Report, October 1, 2022 to December 31, 2022

184

WASTEWATER TREATMENT PLANT SITE PLAN
Attachment 2

7.3 Attachment 2 - Wastewater Treatment Plant Site Plan

185

View of Areas 51 and 64 ‐ Ongoing Work

January 1, 2023

September 30, 2022

October through December 2022 P A G E 15

7.3 Attachment 3 - Construction Photographs

186

View of Areas 52, 53, 55, and 56 ‐ Ongoing Work

January 1, 2023

September 30, 2022

October through December 2022 P A G E 16

7.3 Attachment 3 - Construction Photographs

187

January 1, 2023

September 30, 2022

October through December 2022 P A G E 17

View of Areas 56 ‐ Ongoing Work

7.3 Attachment 3 - Construction Photographs

188

View Inside the Electrical Room for Area 56

January 1,2023

September 30,2022

October through December 2022 Page 18

7.3 Attachment 3 - Construction Photographs

189

View inside the Membrane Permeate Pump Room Area 56

January 1, 2023

September 30, 2022

October through December 2022 Page 19

7.3 Attachment 3 - Construction Photographs

190

View Inside the Return Activated Sludge Pump Room Area 56

January 1, 2023

September 30, 2022

October through December 2022 Page 20

7.3 Attachment 3 - Construction Photographs

191

View of Area 80 – Ongoing Work

January 1, 2023

September 30, 2022

October through December 2022 Page 21

7.3 Attachment 3 - Construction Photographs

192

View of the Warehouse

January 1, 2023

September 30, 2022

October through December 2022 Page 22

7.3 Attachment 3 - Construction Photographs

193

DATE: February 21, 2023

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

FROM: Marlene Subhashini, Assistant City Manager
Francine Magno, Associate Civil Engineer
Paul Nagengast, Project Advisor, Regional Government Services DEPARTMENT: Public Works
SUBJECT: CONTRACT AMENDMENT NO. TWO (2) IN AN AMOUNT NOT TO EXCEED $2,394,710.81 TO THE AGREEMENT WITH TANNER
PACIFIC, INC. FOR THE EXTENSION OF CONSTRUCTION

MANAGEMENT AND SUPPORT SERVICES FOR THE LEVEE

PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP
327-657)

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute Contract Amendment No. Two (CA No. 2) in an amount not to exceed $2,394,710.81 with Tanner Pacific, Inc., to extend services to the existing Construction Management and Support Services contract for the Levee Protection Planning and Improvements Project (CIP 327-657) through January 2024.

EXECUTIVE SUMMARY
CA No. 2 to the Agreement with Tanner Pacific, Inc., (TPI) would extend the existing scope of work currently being performed by TPI beyond April 2023 to the estimated project completion date of January 2024. Funds in the not-to-exceed amount of $2,394,710.81 have been reviewed and negotiated by staff and the Project Advisor and found reasonable for TPI to continue project-related construction management work

8.1 8. 1 Staff Report

194

through January 2024. With CA No. 2, the revised total contract amount is $9,585,087.81.

BACKGROUND
January 27, 2020, the City Council adopted Resolution No. 2020-08 authorizing the Mayor to execute an agreement with TPI, in an amount not-to-exceed $6,698,877 for Construction Management and Support Services for the Project with a contract end date of April 2023. Specifically, the agreement included preconstruction and constructability review services, construction management and support services, project close-out and warranty inspections. The resolution also approved the establishment of a contingency in the amount of $350,000 with authorization given to the City Manager to execute contract amendments up to the contingency amount.

On July 20, 2020, the City Council adopted Resolution No. 2020-076 authorizing the award of an agreement to Shimmick Construction Company, Inc. in the amount of $60,218,000.

On May 17, 2021, the City Council adopted Resolution No. 2021-64 authorizing the Mayor to execute Contract Amendment No. 1 in the amount of $491,500, adding to the contract necessary Quality Control (QC) material testing not included in the original scope of work. CA No. 1 provided for TPI to contract with a third party materials testing lab. TPI brought on Consolidated Engineering Laboratories (CEL) as subconsultants to perform this testing.

As the Project Construction Manager, TPI administers the construction contract; inspects and documents the work; assists the City with compiling the content for public outreach; reviews and documents Requests For Information (RFIs), evaluates design changes, resolves construction issues, and negotiates contract Change Order (COs) requests; reviews and responds to schedule updates; and informs/advises the City on Project progress. TPI has utilized five (5) subconsultants to provide specific professional services that are necessary to perform the services required by the Contract. The subconsultants are listed below along with their specific expertise:

MCK Americas Scheduling and Cost Estimating
Data Instincts Public Outreach Assistance
Cal Engineering & Geology (CE&G) Geotechnical Quality Assistance and Support Consolidated Engineering
Laboratories (CEL)
Quality Control Materials Testing
Carollo Engineers Project Engineering Support

8.1 8. 1 Staff Report

195

ANALYSIS
A contract amendment is requested due to inadequate budget as a result of an earlier assumed completion date, a change of construction restrictions, higher levels of effort than expected, and various out-of-scope work.

TPI’s original scope and budget was based on an April 2023 project completion date, which was established prior to the award of the construction contract. The current anticipated construction completion date is January 2024. In addition, the contract scope was based upon the City’s direction regarding construction phasing for the project. The project was intended to be broken up into multiple segments and only two would be closed at a given time. The restriction changed prior to the award of the construction contract and the Contractor did not construct the project in the manner originally assumed. As a result, TPI had to bring on additional resources from their firm to keep up with the workload and ensure the project continued forward. TPI began to expend more time and effort on average per month, than had originally been budgeted. Given the anticipated construction completion date extended beyond TPI’s contract period, staff has been closely tracking schedule milestones against the added efforts in anticipation of a future Contract Amendment. The additional resources that were required included providing administrative, management, and inspection staff at various points over the last 15 months to augment the existing team and to perform various out-of-scope work items that were not anticipated at the time the original contract was executed. The key unanticipated work items are:
1) As a result of the need to hire CEL to perform QC testing (as part of CA No. 1), additional effort was required to coordinate the testing schedules between CEL and Shimmick, and to manage the data (eg: naming, filing, and transmitting QC reports and documentation from CEL), all not part of the original scope of work. 2) HOA Irrigation Conflicts: At the time of bid and award of the construction contract, the City had not obtained rights of entry onto the private HOA properties along the levee project alignment to allow the contractor access to the areas shown on the project documents. Once the right of entry agreements were in place, TPI assisted the City with several field meetings and planning meetings that included the contractor, city maintenance staff, the landscape architect and HOA representatives to isolate the existing, unknown private irrigation systems in conflict with the Project work. TPI further assisted with coordinating and gathering information from the HOA Board members, property managers, and landscapers from seven private developments along the project alignment to keep the Project moving forward and prevent damage to the trail improvements. TPI provided oversight of the additional exploratory irrigation work that was required to facilitate the new HOA irrigation system designs. TPI provided direction and tracked the additional work in the field, coordinated with the Project’s Landscape Architect to

8.1 8. 1 Staff Report

196

transfer the information, as well as document, review, track, implement and administer the new irrigation designs to the Contractor through five (5) field orders.

3) Higher than anticipated level of effort on public outreach and coordination with the Recreational Water Users (RWU) Group: The Construction Management team was particularly involved with matters related to inquiries and requests from the RWU group. TPI assisted the City with holding multiple stakeholder meetings with various representatives of the RWU group as well as general community meetings, including several multi-hour meetings to review questions, requests for modifications to Project elements, staging, and construction sequencing by the RWU group. TPI attended several field meetings, assisted with coordination and constructability review on the redesign of the Access Point 2 ramp to minimize RWU disruption, and provided information to the Project’s/City’s Communications team to assist with developing responses and updates to the RWU webpage and public inquiries. This included engagement at additional BCDC meetings to address concerns expressed to the regulatory agency by the RWU group.
4) Higher than anticipated level of effort for drawing revision control: To-date, there are 21 drawing revisions, including multiple re-issued sets of drawing revisions to accommodate various changes. TPI has reviewed each of these drawing sets, communicated changes to the Contractor, and updated/maintained the drawing sets in the Project files. This includes transferring as-built data, RFI notations, and any other revisions and changes documented in the drawing sets, each time a drawing is modified via a revision.

Construction of the Levee Improvements Project was contracted for completion by January 2024. TPI’s contract was based on an April 2023 completion date. At the current level of effort required to support the project until anticipated project completion date, it is estimated that the current contract will be exhausted by late February early March 2023. Staff developed a rough scope of work based on what was known about the project construction timeline at the time TPI was hired (6 months prior to contractor selection). A time and materials contract was executed which included agreed to hourly wages for TPI’s employees as well as allocations for their subcontractors and estimates for the number of hours that would be spent for the months at the start of the project to “ramp up”, for the months when construction was in full swing, and at the end of the project to “ramp down” and closeout the project. Due to the complexity and the numerous unforeseen activities that have occurred over the course of the project, the original contract amount needs to be amended to extend the contract through the anticipated construction completion date. CA No. 2 in the not to exceed amount of $2,394,710.81 is necessary to provide the additional funding needed to extend TPI’s Construction Management and Support Services contract through Project completion in January 2024.

The amendment amount was generated using TPI’s recent burn rates and projecting monthly costs through to January 2024. The amendment amount accounts for a ramp down of their efforts around the estimated time construction ends.

8.1 8. 1 Staff Report

197

California Environmental Quality Act
An Environmental Impact Report was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No.2016012012).

FISCAL IMPACT
With the execution of CA No. 2 the revised contract amount is $9,585,087.81:

Const Management & Support Services Contract $6,698,877.00 Contract Amendment No.1 $ 491,500.00
Contract Amendment No.2 + $2,394,710.81 Revised Contract Amount $9,585,087.81
It is anticipated that CA No. 2 will be sufficient to allow TPI to perform construction management and support services through 2023 to Project completion in January 2024.

There is adequate funding in the amount of $2,467,000, in the existing unencumbered project balance to fund CA No. 2. CA No. 2 will exhaust the $350,000 contingency authorized at the time of award of the agreement. A budget appropriation request will be brought forward to the City Council as a separate agenda item in March, to formally appropriate the remaining $5 million dollars that was approved by Foster City voters as part of Measure P, into the Levee project budget.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
The Levee Improvements Project is in alignment with the City Council's adopted Vision and Mission statements, in that it seeks to create a sustainable environment through infrastructure improvements for current and future generations to come. This item is also directly related to the "Facilities and Infrastructure" Value/Priority Area. The key outcome is to make substantial progress toward an improved levee on time and budget to protect the community and critical infrastructure from storms and high tide.

ATTACHMENTS:
•Attachment 1 – Resolution
•Attachment 2 – Tanner Pacific, Inc., Contract Amendment No. Two (2) •Attachment 3 – Amendment No.2 Request from TPI

8.1 8. 1 Staff Report

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3 1
5 RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. TWO (2) IN AN AMOUNT NOT TO EXCEED $2,394,710.81 WITH TANNER PACIFIC, INC., FOR

THE EXTENSION OF CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES

FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657)

CITY OF FOSTER CITY
WHEREAS, on January 27, 2020, the City Council adopted Resolution 2020-08 authorizing a Contract Agreement with Tanner Pacific Inc., in an amount not to exceed $6,698,877 for Construction Management and Support Services for the Levee Protection Planning and Improvements Project (CIP 327-657) (Project) with a contract end date of April 2023 and an established construction contingency of $350,000; and WHEREAS, on May 17, 2021, the City Council adopted Resolution 2021-64 authorizing Amendment No.1 to the contract with Tanner Pacific Inc., in the amount of $491,500 to engage with a subconsultant for a robust Quality Control materials testing program; and
WHEREAS, the current contract with Tanner Pacific, Inc., for Construction Management of the Levee Protection and Improvements Project is projected to be expended by early March 2023; and
WHEREAS, the contract documents requires the Project to be completed by January 2024; and
WHEREAS, it is necessary to extend the contract of Tanner Pacific, Inc., for continuity of construction management services for the Project through project completion date; and
WHEREAS, funding is available in the approved project budget for the Levee Protection Planning and Improvements Project (CIP 327-657).

WHEREAS, a budget appropriation request will be brought forward to the City Council as a separate agenda item in March 2023 to formally appropriate the remaining $5 million dollars approved by Foster City voters as part of Measure P; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City hereby authorizes:

The Mayor to execute Contract Amendment No. Two (2) to Construction Management and Support Services contract with Tanner Pacific, Inc., an amount not to exceed $2,394,710.81, for the extension of construction management

8.1 Attachment 1 - Resolution

199

3 1
5 services to January 2024 for the Levee Protection Planning and Improvements Project (CIP 327-657); and
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

8.1 Attachment 1 - Resolution

200

CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. TWO (2)
DATE: February 21, 2023 Account No.: 327-0910-657-4251 PROJECT: LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657)
TO: TANNER PACIFIC, INC.,
Based on mutual agreement, the following extra and extended work is hereby included in the Agreement dated January 21, 2020.

CHANGE REQUESTED BY: Tanner Pacific, Inc., and City of Foster City

ORIGINAL CONTRACT AMOUNT
CONTRACT AMENDMENT NO. ONE (1) Approve. 05-17-2021
$6,698,877
$ 491,500
Additional work included in Contract Amendment No. 2:

Contract Work Extension for Construction Management and Support Services from April 2023 through projected project completion January 2024; Increased quality control oversight, Additional out-of-scope work including HOA irrigation
coordination; Increased and extended level of effort for public outreach, increased drawing revision control, and increased change order negotiations, management and tracking.
$2,394,710.81
REVISED CONTRACT AMOUNT $9,585,087.81
We, the undersigned consultant, have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept and work within and not exceed the Not to Exceed amount herein. All other terms and conditions of the January 21, 2020, Tanner Pacific, Inc., Construction Management and Support Services Agreement, and amendments thereto, remain in full force and effect.

8.1 Attachment 2 - Tanner Pacific, Inc., Contract Amendment No. Two (2)

201

3 1
6 CITY OF FOSTER CITY

CONSULTANT: TANNER PACIFIC, INC.

WILLIAM TANNER DATE
CEO
APPROVAL RECOMMENDED:

STEFAN CHATWIN DATE

CITY MANAGER
APPROVAL FOR CITY:

JON FROOMIN DATE
MAYOR
ATTEST:

BY:

PRISCILLA SCHAUS

CITY CLERK

APPROVED AS TO FORM
BY:

BENJAMIN L. STOCK

CITY ATTORNEY

8.1 Attachment 2 - Tanner Pacific, Inc., Contract Amendment No. Two (2)

202

February 9, 2023 Letter No. 004
M
r. Stefan Chatwin
City Manager
City of Foster City
610 Foster City Blvd.

Foster City, CA 94404
R
e: Foster City Levee Improvements Project
S
ubject: Amendment No. 2 – Construction Management and Support Services D
ear Mr. Chatwin,
D
uring negotiations for Tanner Pacific, Inc. (TPI)’s original contract for this work, TPI was instructed by City staff to utilize a specific budget. Based on the level of effort anticipated, direction from City staff, and the scope of services included in the City’s Request for Proposal (RFP), TPI estimated that budget would last until approximately April of 2023. Amendment No. 1 to TPI’s contract was executed by the City to authorize TPI to contract with an independent, third-party materials testing laboratory to account for the quality control materials testing not included in other contracts for the Project.

D
espite multiple instances of out-of-scope work and higher levels of effort for various scopes than originally anticipated (additional details provided below), TPI staff have been able to work collaboratively with the City to manage the budget effectively while assisting the City with delivering a quality product to the residents of Foster City.

T
PI requests the City provide Amendment No. 2 to the Construction Management contract as soon as possible, in the amount of $2,394,710.81 to allow TPI to continue assisting the City with guiding this landmark project to a successful finish.

Additional Justification/Supporting Details

1. A
t the time TPI’s original contract and estimated level-of-effort and budget were compiled, the City’s direction was that the project would be broken up into multiple segments (approximately 8) and that only two segments could be closed at a given time.

That restriction changed prior to award of the construction contract and the Contractor did not construct the project in that manner. The project schedule included significant Attachment 3

8.1 Attachment 3 - Amendment No.2 Request from TPI

203

lengths of time when the entirety of the projects’ 6+ miles were open and under construction. This fact, in addition to several of the items listed below, resulted in TPI having to bring on additional staff to keep up with the workload and ensure the Project continued to progress.

2. As a result of the City’s direction via Amendment No. 1 to TPI’s contract to hire a third- party laboratory (CEL) to perform QC testing, additional effort was required to coordinate the testing schedules between CEL and Shimmick, and to manage the data (eg: naming, filing, and transmitting QC reports and documentation from CEL), all not part of the original scope of work nor included in Amendment No. 1.

3. HOA Irrigation/Right-of-Entry Conflicts: At the time of bid and award of the construction contract, the City had not obtained rights of entry or onto the private HOA properties along the levee project alignment to allow the contractor access some of the areas shown on the project documents. Additionally, the City did not have existing utility information regarding the private irrigation systems that extended into the Project area.

Once the right of entry agreements were in place, TPI assisted the City with several field meetings and planning meetings that included the contractor, city maintenance staff, the landscape architect and HOA representatives to isolate the existing, unknown private irrigation systems in conflict with the Project work. TPI further assisted with coordinating and gathering information from the Board members, property managers, and landscapers from seven private developments along the project alignment to keep the Project moving forward and prevent damage to the trail improvements. TPI provided oversight of the additional exploratory irrigation work that was directed by the City to facilitate the new HOA irrigation system designs. TPI transmitted direction from the City to the Contractor and tracked the additional work in the field, coordinated with the City’s Landscape Architect to transfer the information, as well as document, review, track, implement and administer the new irrigation designs to the Contractor through five (5) field orders.

4. Higher than anticipated level of effort on public outreach and coordination with the Recreational Water Users (RWU) Group: The Construction Management team was particularly involved with matters related to inquiries and requests from the RWU group.

TPI assisted the City with holding multiple stakeholder meetings with various representatives of the RWU group as well as general community meetings, including several multi-hour meetings to review questions, requests for modifications to Project elements, staging, and construction sequencing by the RWU group. TPI attended several field meetings, assisted with coordination and constructability review on the redesign of the Access Point 2 ramp to minimize RWU disruption, and provided information to the City communications team to assist with developing responses and updates to the RWU webpage and public inquiries. This included engagement at additional BCDC meetings to address concerns expressed to the regulatory agency by the RWU group.

5. Higher than anticipated level of effort for drawing revision control: To-date, there are 21 drawing revisions, including multiple re-issued sets of drawing revisions. TPI has reviewed each of these drawing sets, communicated changes to the Contractor, and updated/maintained the drawing sets in the Project files. This includes transferring as- built data, request for information (RFI) notations, and any other revisions and changes documented in the drawing sets, each time a drawing is modified via a revision.

8.1 Attachment 3 - Amendment No.2 Request from TPI

204

Please do not hesitate to contract us if you have any questions.

Sincerely,

Michael K. Jaeger, P.E.

Principal
Tanner Pacific, Inc.

CC:

Francine Magno, Project Manager
Marlene Subhashini, Asst. City Manager/Acting Public Works Director Paul Nagengast, Project Advisor
Jonathan Tristao, Construction Manager

Attachments:

1. Revised Rate Schedule

8.1 Attachment 3 - Amendment No.2 Request from TPI

205

Tanner Paciﬁ c, Inc. Foster City

RATE SCHEDULE
Subconsultants
All Subconsultants invoiced at cost plus 10 percent.

Rates for professional staﬀ for legal proceedings or as expert witnesses will be at rates one and one-half Ɵ mes the Hourly Rates speciﬁ ed above.

Expenses
Direct expenses, as listed below, incurred in connecƟ on with the work, will be at cost:
• Delivery services
• Outside reproduc Ɵ on
• All other extraordinary expenses invoiced at cost
• Tanner Paci ﬁ c, Inc. vehicles are billed at a daily fee of $60/day, not to exceed $1,200 per month • Services are provided on an hourly and expense basis. • П Effective dates 1/1/23 - 12/31/23
• Р Subject to California Prevailing Wage - annual increases July 1st ExplanaƟ ons
Staﬀ Title Range of Hourly Rates ¹
Principal $230.00 -
Senior Project/ConstrucƟ on Manager $200.00 -
Project/ConstrucƟ on Manager $160.00 -
Senior Project Engineer $145.00 -
Project Engineer $125.00 -
Project Controls $110.00 -
Cost EsƟ mator $150.00 -
Inspector²
AdministraƟ ve Assistant
Intern
$325.00
$285.00
$260.00
$195.00
$170.00
$185.00
$235.00
$190.00 - $250.00
$125.00
$65.00
Hourly Rate Schedule
December 1, 2022

8.1 Attachment 3 - Amendment No.2 Request from TPI

206

DATE: February 21, 2023

TO: Mayor and Members of the City Council President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, City/District Manager

FROM: Priscilla Schaus, Communications Director/City Clerk, Julie Paping, Principal Management Analyst
DEPARTMENT: Communications/City Clerk
City Manager
SUBJECT: POLICY FOR REQUESTING TO ADD ITEMS TO A FUTURE AGENDA

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (City Council), approve the attached resolution adopting a Policy for Requesting to Add Items to a Future Agenda.

EXECUTIVE SUMMARY
At the February 6, 2023 City Council meeting, Mayor Froomin requested to agendize a formal policy for Councilmembers/Directors (Councilmembers) to request items be placed on an agenda for future City Council Meetings; he noted that the same report could be provided as the last time this topic was brought forward to the City Council (in July 2022). His request received support from two other Councilmembers. For City Council’s consideration, staff has drafted a proposed policy for requesting to add items to a future agenda. The City Council may choose to adopt the attached draft policy as written or provide staff with direction for amendments.

8.2 8. 2 Staff Report

207

BACKGROUND
The City Council adopted a Code of Conduct on November 2, 2020. The Code of Conduct included the following process for requesting to place items on an agenda:

Setting Agendas

1. The City/District Manager determines, in consultation with the Mayor/President, which items are placed on the City Council/ District Board’s meeting agendas and the timing for scheduling such items. An individual City Council/District Board Member’s request for an item to be placed on the agenda will be agendized to ask the full City Council/District Board if time should be spent on preparing a full report on the proposed agenda item.

2. City/District elected and appointed Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to meetings; however, this does not preclude Members from asking questions at Meetings.

3. Agenda items for City/District advisory bodies must originate with the City Council/District Board or from City/District staff. The City/District Staff Liaison will consult with the Chair of the advisory body or both Members of City Council Subcommittees to determine which items are placed on the meeting agendas of these groups.

Under the process for setting agendas, if a Councilmember requested an item be placed on an agenda, staff would bring a short staff report summarizing the request and providing basic information related to the request at a future City Council meeting. The full City Council would then vote on whether time should be spent preparing a full report and if the items should appear on a future agenda. Although the initial staff report would be shorter than a typical staff report, significant staff time could still be spent interpreting the request, gathering information including a legal opinion, and writing and reviewing the report.

The Code of Conduct, including the agenda setting process, was rescinded by City Council on December 13, 2021 by Minute Order No. 1823. Since then, there has been no formal process or written policy established clearly defining how Councilmembers may request to add items to an agenda.

Instead, an informal process has been followed. Under the informal process, Councilmembers may request an item be placed on a future agenda during the City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports portion of a public meeting. If the request receives informal support from at least two other Councilmembers, the item is placed on a future agenda.

However, Councilmembers have raised concern that this process prohibits members of the public from providing input on whether or not items should be agendized as no prior public notice on the request is given.

8.2 8. 2 Staff Report

208

At the May 2, 2022 City Council meeting, then Vice Mayor Froomin requested to agendize a formal policy for Councilmembers to request items be placed on an agenda for future City Council Meetings. A formal policy for Councilmembers to agendize items was brought forth for City Council consideration at the July 18, 2022 City Council meeting, but the City Council at the time chose to not adopt the policy. The City Council has since continued its informal process requesting items to be placed on a future agendas during the City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports portion of public meetings.

ANALYSIS
Staff is proposing a policy for requesting to add items to a future agenda that increases clarity in the request being made, reduces the need for staff time and effort in preparing for items which ultimately may or may not receive the support to proceed, and provides members of the public with the opportunity to comment on requests for future agenda items.

Under the proposed draft policy for requesting to add items to a future agenda, Councilmembers would complete a simple form identifying the request. The request would be in the Councilmembers own words; therefore, staff would be less likely to misinterpret the request. The request form would be submitted to the City Clerk at least two days prior to the publishing of the meeting agenda (the Monday before the meeting date). The item would appear on the agenda under the City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports item regardless of the number of items on that agenda, and the form completed by the Councilmember would be posted as an attachment to the agenda. No staff report would accompany the agenda item. During the public meeting, the Councilmember would have an opportunity to state why they believe the item should appear on a future agenda, and members of the public would have the opportunity to comment on the request. Councilmembers could ask questions of staff and/or the Councilmember making the request and provide comment. Public comment would also be taken on the requested agenda items. The City Council would then vote on the item. If the item were to receive majority support, the item would appear on a future meeting agenda, accompanied by a staff report. If the item did not receive majority support, the item would not be agendized at a future meeting.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
There is no fiscal impact associated with this item.

8.2 8. 2 Staff Report

209

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:

Attachment 1 – City Resolution
Attachment 2 – EMID Resolution
Attachment 3 – Policy for Requesting to Add Items to a Future Agenda

8.2 8. 2 Staff Report

210

3 2
7 RESOLUTION NO. ____________

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

A POLICY FOR REQUESTING TO ADD ITEMS TO A FUTURE AGENDA

CITY OF FOSTER CITY
WHEREAS, the City Council currently follows an informal process for requesting to add items to a future agenda; and
WHEREAS, a formal policy for Requesting to Add Items to a Future Agenda promotes clarity and transparency into requests by individual City Councilmembers that result in the best use of staff time; and
WHEREAS, the proposed Policy for Requesting to Add Items to a Future Agenda allows members of the public to comment on such requests from individual City Councilmembers;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby adopt the Policy for Requesting to Add Items to a Future Agenda attached hereto.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________

JON FROOMIN, MAYOR
ATTEST:
______________________________

PRISCILLA SCHAUS, CITY CLERK

8.2 Attachment 1 - City Resolution

211

3 2
8 RESOLUTION NO. ____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT ADOPTING A POLICY FOR REQUESTING TO ADD

ITEMS TO A FUTURE AGENDA

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the EMID Board of Directors currently follows an informal process for requesting to add items to a future agenda; and
WHEREAS, a formal policy for Requesting to Add Items to a Future Agenda promotes clarity and transparency into requests by individual Directors that result in the best use of staff time; and
WHEREAS, the proposed Policy for Requesting to Add Items to a Future Agenda allows members of the public to comment on such requests from individual Directors;

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby adopt the Policy for Requesting to Add Items to a Future Agenda attached hereto.

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 21st day of February 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________

JON FROOMIN, PRESIDENT
ATTEST:
______________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

8.2 Attachment 2 - EMID Resolution

212

Updated 6/6/2022
3 2
9 Policy for Requesting to Add Items to a Future Agenda

PURPOSE
The purpose of this policy is to establish a formal process for requesting to add items to a future agenda and to provide clarity and transparency into requests by individual City Councilmembers/EMID Directors (City Councilmembers) that result in the use of staff time. The policy applies to all City Councilmembers equally and allows the full City Council/District Board (City Council) to determine how to use limited City/District (City) resources.

POLICY
To make a request
To request consideration of an item at a future City Council meeting, City Councilmembers shall complete a request form (Appendix A). The form must be submitted to the City Clerk no later than two (2) business days prior to the publication of the meeting agenda. Meeting agendas are typically published the Wednesday prior to the meeting. The request will automatically appear under City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports on the next regular agenda, and the request form will be included as an attachment in the published agenda packet. The request shall be included on the agenda regardless of agenda load. No staff work shall be done for these requests prior to discussion by the entire City Council except that Councilmembers may briefly discuss the matter with staff prior to the meeting.

Initial City Council Consideration of request
As an agendized item under City/District Managers Report, Council/Board Statements and Requests, and Council Liaison Reports, the City Council may discuss the request and ask questions of staff and/or the Councilmember making the request. Public comment will also be taken on the items. After public comment, the City Council may then, by motion and second, and majority vote supporting the item, direct the City/District Manager to prioritize staff resources to prepare a formal staff report for further City Council consideration and/or action at a future City Council meeting. If the motion succeeds, the item will be brought to City Council for consideration based on the prioritization noted on the request form, unless otherwise specified in the motion. If prioritization of the item is omitted on the request form or from the motion, or is otherwise unclear, the City/District Manager will have discretion as to when the item is brought to City Council for consideration. If the request does not receive sufficient City Council support, the item shall not be agendized for a future meeting. Nothing herein shall preclude a Council/Board member from making the request again at a future date.

This policy does not supersede Municipal Code Section 2.08.070 Meetings – Agenda, which states, “The city clerk (district secretary) shall prepare the agenda of all such matters under the direction of the city/district manager. If the mayor/president or city/district manager determines that a matter is urgent, it may be added to the agenda thereafter.”

8.2 Attachment 3 - Proposed Policy

213

Updated 6/6/2022
3 2
9 Appendix A
Request to Place Item on Future Agenda
FROM:(Insert Name of Councilmember)
RE:(Title of Item)
Description of Request:
(Briefly describe your request. Please be clear so that your fellow Councilmembers, staff, and members of the public understand the request. This information will also provide guidance to staff should the request receive majority support and the item be placed on a future agenda.) How do you believe this item should be prioritized?
(i.e. What date do you believe the item should be brought back for Council consideration?) City Council Vision, Mission, and Value/Priority Area:
(How does this request fit with the City Council Vision and Mission and/or which value/priority area(s) does this request most closely align?)
Attachments (if applicable):

Councilmember Signature

8.2 Attachment 3 - Proposed Policy

214

2 1
4 DATE: February 21, 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/District Manager
DEPARTMENT: City Manager
SUBJECT: RESOLUTIONS UPGRADING THE POSITION OF

MANAGEMENT COORDINATOR TO MANAGEMENT ANALYST I

IN THE CITY MANAGER DEPARTMENT AND APPROPRIATING
$10,620.75 FOR EMPLOYEE SERVICES COSTS IN THE CITY

MANAGER DEPARTMENT GENERAL FUND BUDGET FOR
FISCAL YEAR 2022-2023

RECOMMENDATION
It is recommended that the City Council/EMID Board of Directors (City Council) approve the attached resolutions upgrading the position of Management Coordinator to Management Analyst I in the City Manager Department and appropriating $10,620.75 for employee services costs in the City Manager Department General Fund Budget for Fiscal Year 2022-2023.

EXECUTIVE SUMMARY
The City Manager is continuing to evaluate organizational structure and making adjustments to ensure the organization is able to focus on City Council goals to meet the needs of the community. The City Manager has determined a need to upgrade the Management Coordinator position to a Management Analyst I in the City Manager Department, which is in alignment with initial results of a Classification Study.

8.3 8.3 Staff Report

215

2 1
4 BACKGROUND/ANALYSIS
The City Manager Department is comprised of five full-time equivalent positions, including City Manager, Assistant City Manager, Principal Management Analyst, Senior Management Analyst, and Management Coordinator. The City has undertaken a Classification Study, and though the study is not yet complete, initial results indicate the Management Coordinator position is operating at the level of a Management Analyst I.

Upon evaluation of the responsibilities of the Management Coordinator, the City Manager has determined it is appropriate at this time to request an upgrade of the Management Coordinator position to Management Analyst I in the City Manager Department. The Management Coordinator currently provides analysis to City Council on See Click Fix data, provides oversight of the City’s Minimum Wage Ordinance enforcement contract, and provides assistance to the City Manager and Assistant City Manager on complex issues as needed, such as storm cost recovery, in addition to day- to-day administrative functions assigned to a Management Coordinator. Upgrading the position promotes equity through fair compensation for the level of work achieved. It also supports professional development and the City’s ability to retain a high performing staff member.

California Environmental Quality Act
Not Applicable

FISCAL IMPACT
The total annual fiscal impact of upgrading the Management Coordinator to Management Analyst I is $28,322 at current salary rates. For the remainder of Fiscal Year 2022-2023, the fiscal impact is $10,620.75. An additional budget appropriation to the City Manager Department General Fund Budget for Fiscal Year 2022-2023 would be required, as follows:
001-0110-413-4110 Permanent Salaries $8,787.75
001-0110-413-4121 PERS Retirement $1,021.13
001-0110-413-4136 Workers Compensation $56.63
001-0110-413-4139 Other Fringe Benefits $520.50
001-0110-413-4140 Compensated Absences $234.75
TOTAL: $10,620.75

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence

8.3 8.3 Staff Report

216

2 1
4 ATTACHMENTS:

Attachment 1 - City Resolution
Attachment 2 - EMID Resolution
Attachment 3 - City Manager Department Organization Chart

8.3 8.3 Staff Report

217

RESOLUTION NO.____________

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

UPGRADING THE POSITION OF MANAGEMENT COORDINATOR TO THE POSITION

OF MANAGEMENT ANALYST I IN THE CITY MANAGER DEPARTMENT AND APPROPRIATING $10,620.75 FOR EMPLOYEE SERVICES COSTS IN THE CITY

MANAGER DEPARTMENT GENERAL FUND BUDGET

CITY OF FOSTER CITY
WHEREAS, the City of Foster City has a Management Coordinator supporting the City Manager Department; and
WHEREAS, the Management Coordinator provides advanced analytical and administrative support to the City Manager Department; and WHEREAS, the Management Coordinator has been tasked with higher level duties and responsibilities in line with the Management Analyst I position.

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

1. Approve upgrading the position of Management Coordinator to the position of Management Analyst I in the City Manager Department, and

2. Authorize an appropriation of $10,620.75 for employee services costs in the City Manager Department General Fund Budget for Fiscal Year 2022-2023 as follows:
001-0110-413-4110 Permanent Salaries $8,787.75
001-0110-413-4121 PERS Retirement $1,021.13
001-0110-413-4136 Workers Compensation $56.63
001-0110-413-4139 Other Fringe Benefits $520.50
001-0110-413-4140 Compensated Absences $234.75
TOTAL: $10,620.75

8.3 Attachment 1 - City Resolution

218

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

8.3 Attachment 1 - City Resolution

219

RESOLUTION NO.____________

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL

IMPROVEMENT DISTRICT UPGRADING THE POSITION OF MANAGEMENT

COORDINATOR TO THE POSITION OF MANAGEMENT ANALYST I IN THE CITY MANAGER DEPARTMENT AND APPROPRIATING $10,620.75 FOR EMPLOYEE

SERVICES COSTS IN THE CITY MANAGER DEPARTMENT GENERAL FUND BUDGET

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the Estero Municipal Improvement District has a Management Coordinator supporting the City Manager Department; and WHEREAS, the Management Coordinator provides advanced analytical and administrative support to the City Manager Department; and WHEREAS, the Management Coordinator has been tasked with higher level duties and responsibilities in line with the Management Analyst I position.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby:

1. Approve upgrading the position of Management Coordinator to the position of Management Analyst I in the City Manager Department, and

8.3 Attachment 2 - EMID Resolution

220

PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 21 st day of February, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, PRESIDENT
ATTEST:

PRISCILLA SCHAUS, DISTRICT SECRETARY

8.3 Attachment 2 - EMID Resolution

221

CITY MANAGER’S OFFICE
FY 2022/2023
(effective 2/6/23)
City Manager
Assistant City Manager
Parks & Recreation
Public Works
Community
Development
Principal Management
Analyst
Management
Coordinator
Sr. Management Analyst

8.3 Attachment 3 - City Manager Department Organizational Charts (Current and Proposed)

222

CITY MANAGER’S OFFICE
FY 2022/2023
(effective 2/21/23)
City Manager
Assistant City Manager
Parks & Recreation
Public Works
Community
Development
Principal Management
Analyst
Management
Analyst I
Sr. Management Analyst

8.3 Attachment 3 - City Manager Department Organizational Charts (Current and Proposed)

223

Prepared Date 1/31/2023 City of Foster City, CA
Accounts Payable Check Register

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Foster City City CouncilFebruary 21, 2023

Foster City City Council
February 21, 2023