Agenda packet — Foster City City Council, March 20, 2023 (part 1 of 2)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
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/89080215320PUBLIC 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
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/89080215320
To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 890 8021 5320
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

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

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

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

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

AGENDA
Monday, March 20, 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 Regular Meeting Minutes of March 6, 2023

5.2. A Resolution of the City Council of the City of Foster City as the Successor Housing Agency to the Community Development Agency of the City of Foster City Approving a Subordination Agreement and Authorizing the Mayor to Execute the Subordination Agreement
a) Staff Report
b) Adopt Resolution

5.3. A Resolution of the City Council of the City of Foster City Supporting the Wyland Foundation’s 2023 Mayor’s Challenge for Water Conservation a) Staff Report
b) Adopt Resolution

5.4. A Resolution of the City Council of the City of Foster City Accepting the Work by Radius Earthwork, Inc. For the Street Rehabilitation Project (CIP 301697) and Directing the City Clerk to File the Notice of Completion a) Staff Report
b) Adopt Resolution

6. REPORTS

6.1. General Plan Annual Progress Report (APR) and Housing Element APR for 2022
a) Staff Report
b) Action – By Minute Order, Recieve and Accept Report

7. RESOLUTIONS FOR ADOPTION

7.1. A Resolution of the City Council of the City of Foster City Authorizing an Agreement in the Amount of $1,890,000 with Griffin Structures for Construction Management and Support Services for the Recreation Center Rebuild Project (CIP 301678)
a) Staff Report
b) Action – Adopt Resolution

7.2. Consideration of the Reclassification of One Technology Analyst I in the Administrative Services Department to a Flexibly Staffed Administrative Assistant I/II
a) Staff Report
b) Action – A Resolution of the City Council of the City of Foster City Authorizing the Reclassification of One Technology Analyst I in the Administrative Services Department to a Flexibly Staffed Administrative Assistant I/II
c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Authorizing the Reclassification of One Technology Analyst I in the Administrative Services Department to a Flexibly Staffed Administrative Assistant I/II

7.3. A Resolution of the Board of Directors of the Estero Municipal Improvement District Directing Staff to Prepare an Ordinance Implementing a Water Neutrality Growth Policy Framework; Appropriating $26,955 From Account No. 128 to Account No. 12808454194251 to Pay for the Cost Proposal by Maddaus to Assist in Preparing the Ordinance; and Finding the Approval of This Resolution Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15262, 15061(B)(3) and California Water Code Section 10652
a) Staff Report
b) Action – Adopt Resolution

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on February 28, 2023 and March 3, 2023 and ACH were processed on March 3, 2023 a) Information Item Only
b) No Action Required

9. 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.

9.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Consider Action Related to Tweet by Planning Commission Chair Evan Adams

10. 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 or [email protected] at least 48 hours in advance of the meeting. The City has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility.

That procedure for receiving and resolving requests for accommodation is available at the City Clerk’s Office All meetings are conducted in a manner consistent with applicable civil rights and nondiscrimination laws.

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
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/89080215320PUBLIC 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
To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, March 20, 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 Regular Meeting Minutes of March 6, 2023

5.3. A Resolution of the City Council of the City of Foster City Supporting the Wyland Foundation’s 2023 Mayor’s Challenge for Water Conservation a) Staff Report
b) Adopt Resolution

6. REPORTS

6.1. General Plan Annual Progress Report (APR) and Housing Element APR for 2022
a) Staff Report
b) Action – By Minute Order, Recieve and Accept Report

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on February 28, 2023 and March 3, 2023 and ACH were processed on March 3, 2023 a) Information Item Only
b) No Action Required

9.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Consider Action Related to Tweet by Planning Commission Chair Evan Adams

10. ADJOURNMENT
The public is invited to attend.

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
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/89080215320PUBLIC 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
To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, March 20, 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 Regular Meeting Minutes of March 6, 2023

5.3. A Resolution of the City Council of the City of Foster City Supporting the Wyland Foundation’s 2023 Mayor’s Challenge for Water Conservation a) Staff Report
b) Adopt Resolution

6. REPORTS

6.1. General Plan Annual Progress Report (APR) and Housing Element APR for 2022
a) Staff Report
b) Action – By Minute Order, Recieve and Accept Report

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on February 28, 2023 and March 3, 2023 and ACH were processed on March 3, 2023 a) Information Item Only
b) No Action Required

9.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Consider Action Related to Tweet by Planning Commission Chair Evan Adams

10. ADJOURNMENT
The public is invited to attend.

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
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/89080215320PUBLIC 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
To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, March 20, 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 Regular Meeting Minutes of March 6, 2023

5.3. A Resolution of the City Council of the City of Foster City Supporting the Wyland Foundation’s 2023 Mayor’s Challenge for Water Conservation a) Staff Report
b) Adopt Resolution

6. REPORTS

6.1. General Plan Annual Progress Report (APR) and Housing Element APR for 2022
a) Staff Report
b) Action – By Minute Order, Recieve and Accept Report

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on February 28, 2023 and March 3, 2023 and ACH were processed on March 3, 2023 a) Information Item Only
b) No Action Required

9.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Consider Action Related to Tweet by Planning Commission Chair Evan Adams

10. ADJOURNMENT
The public is invited to attend.

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
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/89080215320PUBLIC 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
To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Monday, March 20, 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 Regular Meeting Minutes of March 6, 2023

5.3. A Resolution of the City Council of the City of Foster City Supporting the Wyland Foundation’s 2023 Mayor’s Challenge for Water Conservation a) Staff Report
b) Adopt Resolution

6. REPORTS

6.1. General Plan Annual Progress Report (APR) and Housing Element APR for 2022
a) Staff Report
b) Action – By Minute Order, Recieve and Accept Report

7. RESOLUTIONS FOR ADOPTION

8. COMMUNICATIONS

8.1. City/District Warrants of Demands were Processed and Issued on February 28, 2023 and March 3, 2023 and ACH were processed on March 3, 2023 a) Information Item Only
b) No Action Required

9.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Consider Action Related to Tweet by Planning Commission Chair Evan Adams

10. ADJOURNMENT
The public is invited to attend.

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
REGULAR MEETING OF MARCH 6, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of March 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.

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 Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin.

Councilmember/Director Hindi arrived at 6:34 p.m.

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager, Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Edmund Suen, Finance Director; Tracy Avelar, Police Chief; Derek Schweigart, Parks and Recreation Director; Julie Paping, Administrative Services Director; Robert Marshall, Deputy Fire Chief; Rob Lasky, IT Manager; Waqas Hassan, Assistant Finance Director; Francine Magno, Senior Civil Engineer; Dusty Landwehr, Recreation Coordinator; Yelena Cappello, Deputy City Clerk; Shuli Chen, Video Technician and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS

PRESENTATION BY CHIEF EXECUTIVE OFFICER LAURA BENT ON SAMARITAN HOUSE
Laura Bent, Chief Executive Officer of Samaritan House, gave a presentation on the Samaritan House.

5.1 Minutes

6 PUBLIC
The following people addressed the City Council via email regarding Planning Commissioner Evan Adams:

1. Richa Awasthi;

2. Anu Mohan;

3. Girish Patel;

4. Isabelle Bushman; and

5. Wayne Lee, President of the San Mateo County Asian Pacific Islanders Caucus.

The following people addressed the City Council in person regarding Planning Commissioner Evan Adams:

1. Sanjay Gehani;

2. Supriya Singh;

3. Michael Barry; and

4. Phoebe Venkat

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

City/EMID Consent Calendar

1. Minutes of City/EMID Special Meeting of February 15, 2023;

2. Minutes of City/EMID Regular Meeting of February 21, 2023;

3. City Resolution No. 2023-23, “A Resolution of the City Council of the City of Foster City Authorizing the Police Department to Purchase a One-year Maintenance Renewal for Police Dispatch Customer Premise Equipment from Intrado and Authorizing Appropriation of $17,013.39 From the City’s General Fund for the Purchase;” and

4. EMID Resolution No. 3711, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Accepting the Work by Anderson Pacific Engineering Construction, Inc. For Sanitary Sewer Lift Station Improvements Phase 5 (CIP 455-626), Directing the District Secretary to File the Notice of Completion, and Approving and Authorizing the President to Execute a Bill of Sale Conveying to 888 Foster City Investment, LP Certain Private Sewer Line Improvements, Located on the Property Identified as 888 Foster City Boulevard (APN 094-091-020) for the Sanitary Sewer Lift Station Improvements Project – Phase 5 (CIP 455-626).”

REPORTS
YOUTH ADVISORY COMMITTEE 2022 YEAR END REPORT, REVIEW OF MISSION STATEMENT, AND GOALS FOR 2023. MINUTE ORDER NO. 1906.

5.1 Minutes

7 Caroline Wei, Youth Advisory Committee Chair, and Nicholas Throgmorton, Youth Advisory Committee Vice Chair presented the 2022 Year End Report, Review of the Mission Statement, and Goals for 2023.

Motion by Councilmember Kiesel, seconded by Councilmember Jimenez, and carried unanimously, 5-0-0, adopting Minute Order No. 1906, to receive and accept the Youth Advisory Committee 2022 Year End Report, Review of Mission Statement, and Goals for 2023.

RECREATION CENTER REBUILD PROJECT (CIP 301-678) – PRESENTATION BY PROJECT DESIGNER GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.

AND DISCUSSION ON PROJECT GOALS, CONCEPTUAL SITE PLANS, AND ARCHITECTURAL AND SITE DESIGN VALUES. MINUTE ORDER NO. 1907.

Parks and Recreation Director Schweigart introduced Principal Architects Dawn Merkes, and Jonathan Hartman, representing Group 4 Architecture, who gave a presentation on the Recreation Center Rebuild Project (CIP 301-678).

The following people addressed the City Council via teleconference:

1. Susan Lessen;

2. Ajay Godbole; and

3. Neilafer Moduwala.

The following people addressed the City Council via email:

1. Shilpi Goel, 100 Grand Lane #D; and

2. Doris Duncan, Foster Square.

Discussion ensued.

Motion by Councilmember Hindi seconded by Councilmember Kiesel and carried unanimously, 5-0-0, adopting Minute Order No. 1906, to receive and accept the report on the Recreation Center Rebuild Project (CIP 301-678) by Project Designer Group 4 Architecture, Research + Planning, Inc., the Project Goals, Conceptual Site Plans, and Architectural and Site Design Values..

RESOLUTIONS FOR ADOPTION

AUTHORIZING THE MAYOR TO EXECUTE CONTRACT CHANGE ORDER NO.

THIRTY-ONE (CCO #31) TO SHIMMICK CONSTRUCTION CO. INC., IN THE AMOUNT OF $3,193,635.92; APPROVING AN ADDITIONAL $300,000 TO CONSTRUCTION CONTINGENCIES; AND AUTHORIZING A BUDGET APPROPRIATION IN THE AMOUNT OF $15 MILLION [AMENDED TO $10 MILLION] FOR THE LEVEE PROTECTION PLANNING AND IMPROVEMENTS PROJECT (CIP 327-657) FROM ISSUING THE REMAINING $5 MILLION IN MEASURE P GO BONDS AND TRANSFER

5.1 Minutes

8 OF $10 MILLION [AMENDED TO $5 MILLION] FROM CITY CIP FUND 301. CITY RESOLUTION NO. 2023-24.

City Manager Chatwin presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-24, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Change Order No. Thirty-one (CCO #31) to Shimmick Construction Co. Inc., in the Amount of $3,193,635.92; Approving an Additional $300,000 to Construction Contingencies; and Authorizing a Budget Appropriation in the Amount of $15 Million [amended to $10 Million] for the Levee Protection Planning and Improvements Project (CIP 327-657) from Issuing the Remaining $5 Million in Measure P GO Bonds and Transfer of $10 Million [amended to $5 Million] from City CIP Fund 301” with an amendment to change the budget appropriation from the amount of $15 million to $10 million and change the transfer of $10 million to a transfer of $5 million from City CIP Fund 301.

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

City/District Warrants of Demands were Processed and Issued on February 14, 2023.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
Councilmember/Director Kiesel stated that he attended the Foster City Youth Softball and Little League opening day on March 4.

Councilmember/Director Jimenez stated that she attended the San Mateo-Foster City School Board meeting on February 23 where they appointed new Board Member Maggie Trinh. On March 3, she attended the San Mateo County Leadership Council’s Newly Elected Leaders Training and thanked Administrative Services Director Paping for organizing the event. On March 4, she attended the Foster City Youth Softball and Little League opening day and the Foster City Sports Wall of Fame Induction ceremony and thanked the inductees for their service.

Vice Mayor/Vice President Sullivan stated he attended the City/County Association of Governments (C/CAG) Congestion Management and Environmental Quality (CMEQ) meeting on March 27 and congratulated Councilmember Jimenez for also being appointed to the Committee. On March 4, he attended the Foster City Youth Softball and Little League opening day and the Wall of Fame Induction ceremony. He wished everyone a happy Saint Patrick’s Day.

5.1 Minutes

9 Mayor/President Froomin acknowledged that March is Women’s History month and recognized all the women working with the City. On February 23, he attended the San Mateo Consolidated Fire awards and accommodations event and provided a welcome address to Jewish Community Relations Council press event at the Peninsula Jewish Community Center. Also on February 23, he attended the South Bayside Waste Management Authority board meeting and they discussed an optimization study. On February 24, he attended the Council of Cities meeting in Hillsborough. On February 25 he presented Mayoral proclamations to new Eagle Scouts at the Eagle Court of Honor event. On March 4, he also attended the Foster City Youth Softball and Little League opening day and the Foster City Sports Wall of Fame Induction ceremony.

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

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

2. Report Out from Closed Session.

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

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

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 9:55 p.m.

5.1 Minutes

10 8
1 DATE: March 20, 2023

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

FROM: Denise Bazzano, Assistant City Attorney
Sofia Mangalam, Community Development Director
DEPARTMENT: Community Development
SUBJECT: CONSIDERATION OF SUBORDINATION AGREEMENT

BETWEEN THE CITY OF FOSTER CITY, AS THE SUCCESSOR

HOUSING AGENCY TO THE COMMUNITY DEVELOPMENT

AGENCY OF THE CITY OF FOSTER CITY, AND WALKER &

DUNLOP, LLC AND PWM RESIDENTIAL VENTURE LP

RELATING TO REFINANCING FOR MARLIN COVE
APARTMENTS; AND AUTHORIZING MAYOR TO EXECUTE

SUBORDINATION AGREEMENT

RECOMMENDATION
It is recommended that the City Council approve the attached Resolution (Attachment 1) approving the Subordination Agreement between the City of Foster City, as the Successor Housing Agency to the Community Development Agency of the City of Foster City, and Walker & Dunlop LLC and PWM Residential Venture LP relating to refinancing for Marlin Cove Apartments; and authorizing the Mayor to execute the Subordination Agreement.

EXECUTIVE SUMMARY
At the request of PWM, City staff have worked with PWM to negotiate revisions to the Subordination Agreement so that certain financing through Fannie Mae, which is now maturing, can be replaced with new Fannie Mae financing. PWM is requesting that Foster City again subordinate the Deed of Trust to the new Fannie Mae.

5.2 5.2 Staff Report

11 8
1 BACKGROUND
In November 1999, the Community Development Agency of the City of Foster City (“Redevelopment Agency”) entered into a Disposition and Development ("DDA") with M.H. Podell Company for the development of the mixed-use Marlin Cove project ("Project") located at 1000-1098 Foster City Boulevard. The Project consisted of both commercial/retail and residential components, including affordable housing. M.H.

Podell Company subsequently assigned its rights to the residential portion of the Project to an affiliate entity, PWM Residential Ventures, LLC1 in February, 2000.

The acquisition of the property used for the Project was partially financed with a $5,355,682 grant from the Redevelopment Agency. Pursuant to the terms of the DDA, PWM entered into an Affordable Housing Covenant dated August 7, 2000 (“Covenant”).

Pursuant to the DDA, the obligations under the Covenant are secured by a Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing recorded in the Recording Office on August 11, 2000 as Instrument No. 2000-099216 (collectively, the “Deed of Trust”). The Deed of Trust is a mechanism for enforcing the obligations under the Covenant.

PWM also relied upon bonds from the California Statewide Communities Development Authority to finance the acquisition, construction and development of the Project (the “Bonds”). In 2003, the Bonds were reissued and the proceeds of the Bonds were used for a loan from California Statewide Communities Development Authority to PWM that was secured by a Multifamily Deed of Trust Assignment of Rents, Security Agreement and Fixture Filing, dated as of November 1, 2003, which was assigned to Fannie Mae and Wells Fargo Bank. At that time, Fannie Mae and Wells Fargo Bank required the Redevelopment Agency to subordinate the Deed of Trust, which essentially means that PWM’s obligations to Fannie Mae and Wells Fargo Bank would be primary and PWM’s obligations to the Redevelopment Agency under the Deed of Trust would be secondary or junior to the primary obligations.

On June 29, 2011, State Assembly Bill ABx1 26 was signed by the Governor calling for the dissolution of redevelopment agencies in the State of California. As a result of ABx1 26, the City Council adopted Resolution No. 2012-2 on January 9, 2012, to become the Successor Agency to the former Redevelopment Agency, electing to handle the affairs and winding-down of the Redevelopment Agency. On that date, the City Council also agreed to become the Successor Housing Agency, and take over the housing assets and obligations of the former Redevelopment Agency. Health and Safety Code Section 34176(a) allows a city that authorized the creation of a redevelopment agency to elect to retain the responsibility for performing housing functions previously performed by and 1 PWM Residential Ventures LLC converted from a limited liability company to a limited partnership and is now known as PWM, Residential Venture, LP (collectively referred to as “PWM”)

5.2 5.2 Staff Report

12 8
1 the housing assets of the redevelopment agency. On January 31, 2012, the Redevelopment Agency was formally dissolved.

In 2013, the Bonds were retired and PWM refinanced the Project with multifamily financing from Walker & Dunlop, LLC (“2013 Financing”).

ANALYSIS
The 2013 Financing is maturing in 2023 and PWM intends to enter into a Multifamily Loan and Security Agreement with Walker & Dunlop, LLC to replace the 2013 Financing, and execute a note to be secured by a Multifamily Mortgage, Deed of Trust or Deed to Secure Debt. As part of this refinancing, PWM is requesting that the City of Foster City as the Successor Housing Agency, enter into a new Subordination Agreement to provide that the Walker & Dunlop Security Instrument will have priority over the Deed of Trust.

Health and Safety Code Section 33334.14 permits subordination of redevelopment agency affordability restrictions provided that: (i) the agency makes a finding that alternative financing is not reasonably available on economically feasible terms without subordination, and (ii) the agency obtains written commitments to protect its investment in the event of a default. In this case, City staff believes the findings can be made because without subordination of the Deed of Trust, an economically feasible alternative for refinancing is not reasonably available to PWM. Subordination is a very common requirement for commercial loans. Additionally, the terms of the Subordination Agreement provide the Successor Housing Agency with reasonable means of protecting the Successor Housing Agency’s investment in the event of default.

City staff and the City Attorney’s Office has worked with PWM to negotiate revisions to the Subordination Agreement although the substantive terms of the Subordination Agreement remain largely the same as the 2013 agreement. The proposed Subordination Agreement provides the Successor Housing Agency with rights to receive notice and to cure defaults arising under the Walker & Dunlop Security Instrument.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The approval of this Subordination Agreement is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
There is no fiscal impact related to this item.

5.2 5.2 Staff Report

13 8
1 CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA Smart Planning, Development, and the Local Economy
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Proposed Subordination Agreement

5.2 5.2 Staff Report

14 2
4 9
RESOLUTION NO. _______

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

SUCCESSOR HOUSING AGENCY TO THE COMMUNITY DEVELOPMENT AGENCY

OF THE CITY OF FOSTER CITY APPROVING A SUBORDINATION AGREEMENT AND

AUTHORIZING THE MAYOR TO EXECUTE THE SUBORDINATION AGREEMENT

CITY OF FOSTER CITY

WHEREAS, COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF FOSTER CITY (“Redevelopment Agency”) approved a resolution authorizing Redevelopment Agency to enter into a Disposition and Development Agreement dated November 15, 1999 between Redevelopment Agency and M.H. PODELL COMPANY (“Podell”), which was amended by the First Amendment to Disposition and Development Agreement dated as of June 4, 2001 and the First Implementation Agreement to the Disposition and Development Agreement dated February 22, 2000 (collectively, the “DDA”). The DDA provided for a mixed-use development consisting of a residential component, including affordable housing, and a commercial component; and
WHEREAS, Podell assigned its rights under the DDA to PWM Residential Venture LLC, a California limited liability company (“PWM LLC”) by that certain Assignment of Disposition and Development Agreement dated February 22, 2000 by and between Podell and Redevelopment Agency; and
WHEREAS, the acquisition of the property was partially financed with a $5,355,682 grant from the Redevelopment Agency (the “Grant”). Developer was only required to repay the Grant if there was a Material Event of Default under the DDA or the Covenant (as defined below); and
WHEREAS, PWM LLC also relied upon bonds from the California Statewide Communities Development Authority to finance the acquisition, construction and development of the Project (the “Bonds”); and
WHEREAS, pursuant to the DDA, PWM LLC entered into an Affordable Housing Covenant dated August 7, 2000 recorded in the Official Records of the County of San Mateo County, California, as subsequently amended at various times (the “Covenant”); and
WHEREAS, pursuant to the DDA, the obligations under the Covenant are secured by that certain Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing recorded in the Recording Office on August 11, 2000 as Instrument No. 2000-099216, as subsequently supplemented and modified at various times (collectively, the “Deed of Trust”) and the Deed of Trust is a mechanism for enforcing the obligations under the Covenant; and

5.2 Attachment 1 - Resolution

15 2
4 9
WHEREAS, the Bonds were reissued in 2003 and the proceeds of the Bonds were used for a loan from California Statewide Communities Development Authority to PWM LLC that was secured by a Multifamily Deed of Trust Assignment of Rents, Security Agreement and Fixture Filing, dated as of November 1, 2003, which was assigned to Fannie Mae and Wells Fargo Bank. At that time, Fannie Mae and Wells Fargo Bank required Redevelopment Agency to subordinate the Deed of Trust; and WHEREAS, Health and Safety Code Section 34176(a) allows a city that authorized the creation of a redevelopment agency to elect to retain the responsibility for performing housing functions previously performed by and the housing assets of the redevelopment agency; and
WHEREAS, pursuant to Resolution No. 2012-2, adopted by the City Council of the City of Foster City (“City Council”) on January 9, 2012, the City of Foster City elected to act as the housing successor to Redevelopment Agency (“Successor Housing Agency”); and
WHEREAS, housing successors now have authority to enforce affordability covenants pursuant to Health and Safety Code Section 34176(c); and WHEREAS, the Covenant and Deed of Trust are housing assets that the City has retained; and
WHEREAS, in 2013, the Bonds were retired and PWM LLC refinanced the Project with financing from Walker & Dunlop, LLC (“Walker & Dunlop”). This financing is hereafter referred to as the “2013 Financing.” The City’s Deed of Trust was subordinated to the 2013 Financing; and
WHEREAS, PWM LLC converted from a limited liability company to a limited partnership and is now known as PWM RESIDENTIAL VENTURE, LP (“PWM LP”); and WHEREAS, the 2013 Financing is maturing in 2023 and PWM LP intends to enter into a Multifamily Loan and Security Agreement with Walker & Dunlop to replace the 2013 Financing, and execute a note to be secured by a Multifamily Mortgage, Deed of Trust or Deed to Secure Debt (“Walker & Dunlop Security Instrument”); and WHEREAS, Walker & Dunlop requires PWM LP to enter into a Subordination Agreement by and among Walker & Dunlop, PWM LP, and Successor Housing Agency (the “Subordination Agreement”), the terms of which provide that the Walker & Dunlop Security Instrument will have priority over the Deed of Trust; and WHEREAS, the Covenant shall retain priority over the Walker & Dunlop Security Instrument and is not affected by the proposed Subordination Agreement; and WHEREAS, Health and Safety Code Section 33334.14 permits subordination of redevelopment agency affordability restrictions provided that: (i) the agency makes a

5.2 Attachment 1 - Resolution

16 2
4 9
finding that alternative financing is not reasonably available on economically feasible terms without subordination, and (ii) the agency obtains written commitments to protect its investment in the event of a default; and
WHEREAS, the proposed Subordination Agreement provides the Successor Housing Agency with rights to receive notice and to cure defaults arising under the Walker & Dunlop Security Instrument.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF FOSTER CITY, AS THE SUCCESSOR HOUSING AGENCY TO THE COMMUNITY DEVELOPMENT AGENCY OF THE CITY OF FOSTER CITY, as follows:

1.The City Council hereby approves the Subordination Agreement.

2.The City Council finds that without subordination of the Deed of Trust, an economically feasible alternative for refinancing is not reasonably available to PWM LP and that the terms of the Subordination Agreement provide the Successor Housing Agency with reasonable means of protecting the Successor Housing Agency’s investment in the event of default;

3.The Mayor is authorized to execute the Subordination Agreement in substantially the form attached to the staff report, subject to minor, technical conforming changes as may be approved by the City Attorney.

5.2 Attachment 1 - Resolution

17 2
4 9
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________

JON FROOMIN, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

5.2 Attachment 1 - Resolution

18 Subordination Agreement (Affordable) Form 6456
Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Deborah L. Best
Jameson Pepple Cantu PLLC
801 2nd Avenue, Suite 700
Seattle, WA 98104

SUBORDINATION AGREEMENT

5.2 Attachment 2 - Proposed Subordination Agreement

19 Subordination Agreement (Affordable) Form 6456 Page 1 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB

SUBORDINATION AGREEMENT
(Affordable)
This SUBORDINATION AGREEMENT (this “Agreement”) dated as of __________, 2023, is executed by and among (i) WALKER & DUNLOP, LLC, a Delaware limited liability company (“Senior Lender”), (ii) CITY OF FOSTER CITY, a municipal corporation, acting in its capacity as the Successor Housing Agency to the Community Development Agency of the City of Foster City (“Subordinate Lender”), and (iii) PWM RESIDENTIAL VENTURE LP, a California limited partnership (“Borrower”).

RECITALS:

A. Pursuant to that certain Multifamily Loan and Security Agreement dated as of the date hereof, executed by and between Borrower and Senior Lender (as amended, restated, replaced, supplemented or otherwise modified from time to time, the “Senior Loan Agreement”), Senior Lender has agreed to make a loan to Borrower in the original principal amount of $54,000,000 (the “Senior Loan”), as evidenced by that certain Multifamily Note dated as of the date hereof, executed by Borrower and made payable to the order of Senior Lender in the amount of the Senior Loan (as amended, restated, replaced, supplemented or otherwise modified from time to time, the “Senior Note”).

B. In addition to the Senior Loan Agreement, the Senior Loan and the Senior Note are also secured by a certain Multifamily Mortgage, Deed of Trust or Deed to Secure Debt dated as of the date hereof (as amended, restated, replaced, supplemented or otherwise modified from time to time, the “Senior Security Instrument”), encumbering the property described in the Senior Security Instrument as the “Mortgaged Property.”
C. Community Development Agency of the City of Foster City (“Redevelopment Agency”) made a grant to the Borrower in the amount of $5,355,682 (“Grant”). The Grant was made pursuant to (i) that certain Disposition and Development Agreement dated November 15, 1999, between Redevelopment Agency and M.H. Podell Company (“Podell”) as amended by that certain First Amendment to Disposition and Development Agreement dated as of June 4, 2001, and (ii) that certain First Implementation Agreement to the Disposition and Development Agreement dated February 22, 2000, between Redevelopment Agency and Podell. A portion of Podell’s rights and obligations under the Disposition and Development Agreement, as amended, and the First Implementation Agreement (collectively, the “DDA”) were assigned by Podell to Borrower by that certain Assignment of Disposition and Development Agreement dated February 22, 2000. Pursuant to the DDA, Borrower entered into that certain Affordable Housing Covenant dated August 7, 2000 recorded in the Official Records of the County of San Mateo County, California (“Recording Office”) as Instrument Number 2000-099215, as supplemented by that certain Supplemental Affordable Housing Covenant dated as of September 18, 2000, recorded in the Recording Office as Instrument Number 2000-115687, and as amended by that certain First Amendment to Affordable Housing Covenant dated as of June 4, 2001, recorded in the Recording

5.2 Attachment 2 - Proposed Subordination Agreement

20 Subordination Agreement (Affordable) Form 6456 Page 2 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 Office as Instrument Number 2001-110835, and as amended by that certain Second Amendment to Affordable Housing Covenant dated as of June 21, 2004, recorded in the Recording Office on July 21, 2004 as Instrument Number 2004-150225 (collectively, the “Covenant”).

D. The obligations under the Covenant are secured by that certain Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing recorded in the Recording Office on August 11, 2000 as Instrument No. 2000-099216, as supplemented by that certain Supplemental Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing recorded in the Recording Office on September 18, 2000 as Instrument No. 2000-115688, as modified by that certain First Modification to Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing, recorded in the Recording Office on July 23, 2001, as Instrument No. 2001-110836 and further modified by that certain Second Modification to Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing, recorded in the Recording office on July 21, 2004 as Instrument No. 2004-150222 (collectively, the “Subordinate Mortgage”) encumbering all or a portion of the Mortgaged Property.

E. The City of Foster City, as the city that created Redevelopment Agency, adopted Resolution No. 2012-2 on January 9, 2012, electing to retain the housing assets and functions of the Redevelopment Agency as “housing successor” pursuant to California Health and Safety Code Section 34176(a). The Subordinate Mortgage and Covenant are housing assets pursuant to California Health and Safety Code Section 34176(e). Redevelopment Agency was dissolved effective February 1, 2012 pursuant to California Health and Safety Code Section 34170, et seq.

F. Borrower has requested Senior Lender to permit the Subordinate Mortgage to remain as a subordinate lien against the Property. Senior Lender has agreed to permit the Subordinate Mortgage and to allow the subordinate mortgage lien against the Mortgaged Property subject to all of the conditions contained in this Agreement.

AGREEMENTS:

NOW, THEREFORE, in order to induce Senior Lender to permit the Subordinate Mortgage to Borrower and to allow a subordinate mortgage lien against the Mortgaged Property, and in consideration thereof, Senior Lender, Subordinate Lender and Borrower agree as follows:

1. Recitals.

The recitals set forth above are incorporated herein by reference.

2. Definitions.

In addition to the terms defined in the Recitals to this Agreement, for purposes of this Agreement the following terms have the respective meanings set forth below:
“Affiliate” means, when used with respect to a Person, any corporation, partnership, joint venture, limited liability company, limited liability partnership, trust or individual Controlled by, under

5.2 Attachment 2 - Proposed Subordination Agreement

21 Subordination Agreement (Affordable) Form 6456 Page 3 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 common Control with, or which Controls such Person, and in all cases any other Person that holds fifty percent (50%) or more of the ownership interests in such Person. “Borrower” means the Person named as such in the first paragraph on page 1 of this Agreement, any successor or assign of Borrower, including without limitation, a receiver, trustee or debtor-in- possession and any other Person (other than Senior Lender) who acquires title to the Mortgaged Property after the date of this Agreement.
“Business Day” means any day other than (a) a Saturday, (b) a Sunday, (c) a day on which Senior Lender is not open for business, or (d) a day on which the Federal Reserve Bank of New York is not open for business.
“Condemnation Action” means any action or proceeding, however characterized or named, relating to any condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Mortgaged Property, whether direct or indirect.
“Control” (including with correlative meanings, the terms “Controlling,” “Controlled by” and “under common Control with”), as applied to any entity, means the possession, directly or indirectly, of the power to direct or cause the direction of the management or operations of such entity, whether through the ownership of voting securities, ownership interests or by contract or otherwise.
“Covenant” is defined in Recital C above.
“DDA” is defined in Recital C above.
“Default Notice” means: (a) a copy of any written notice from Senior Lender to Borrower and Subordinate Lender stating that a Senior Loan Default has occurred under the Senior Loan Documents; or (b) a copy of the written notice from Subordinate Lender to Borrower and Senior Lender stating that a Subordinate Mortgage Default has occurred under the Subordinate Mortgage.

Each Default Notice shall specify the default upon which such Default Notice is based. “Person” means an individual, an estate, a trust, a corporation, a partnership, a limited liability company or any other organization or entity (whether governmental or private). “Senior Lender” means the Person named as such in the first paragraph on Page 1 of this Agreement, its successors and assigns and any other Person who becomes the legal holder of the Senior Loan after the date of this Agreement.
“Senior Loan Default” means the occurrence of an “Event of Default” as that term is defined in the Senior Loan Documents.
“Senior Loan Documents” means the Senior Security Instrument, the Senior Note, the Senior Loan Agreement, and all other “Loan Documents” as that term is defined in the Senior Loan Agreement.

5.2 Attachment 2 - Proposed Subordination Agreement

22 Subordination Agreement (Affordable) Form 6456 Page 4 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 “Subordinate Lender” means the Person named as such in the first paragraph on page 1 of this Agreement, any successor or assign of Subordinate Lender, including without limitation, a receiver, trustee or debtor-in-possession and any other Person who becomes the legal holder of the Subordinate Note after the date of this Agreement.
“Subordinate Mortgage” is defined in Recital D above.
“Subordinate Mortgage Default” means a default by Borrower in performing or observing any of the terms, covenants or conditions in the Subordinate Mortgage for curing the default.

3. Permission to Place Mortgage Lien Against Mortgaged Property.

Senior Lender agrees, notwithstanding the prohibition against inferior liens on the Mortgaged Property contained in the Senior Loan Documents and subject to the provisions of this Agreement, to permit Subordinate Lender to maintain the Subordinate Mortgage against the Mortgaged Property.

4. Borrower’s and Subordinate Lender’s Representations and Warranties.

Borrower and Subordinate Lender each makes the following representations and warranties to Senior Lender:
(a) Relationship of Borrower to Subordinate Lender and Senior Lender.

Subordinate Lender is not an Affiliate of Borrower and is not in possession of any facts which would lead it to believe that Senior Lender is an Affiliate of Borrower. (b)Senior Loan Documents.

Upon execution and delivery of the Senior Loan Documents, Borrower shall deliver to Subordinate Lender an executed copy of each of the Senior Loan Documents, certified to be true, correct and complete.

5. Terms of Subordination.
(a) Agreement to Subordinate.

Senior Lender and Subordinate Lender agree that the lien of the Subordinate Mortgage is and shall be subordinated in right of payment, to the extent and in the manner provided in this Agreement, to the prior payment in full of the Indebtedness evidenced by the Senior Loan Documents, and the liens, terms, covenants and conditions of the Subordinate Mortgage are and shall be subject and subordinate in all respects to the liens, terms, covenants and conditions of the Senior Security Instrument and the other Senior Loan Documents and to all advances heretofore made or which may hereafter be made pursuant to the Senior Security Instrument and the other Senior Loan Documents (including but not limited to, all sums advanced for the purposes of protecting or further securing the lien of the Senior Security Instrument, curing defaults by

5.2 Attachment 2 - Proposed Subordination Agreement

23 Subordination Agreement (Affordable) Form 6456 Page 5 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 Borrower under the Senior Loan Documents or for any other purpose expressly permitted by the Senior Loan Documents, or constructing, renovating, repairing, furnishing, fixturing or equipping the Mortgaged Property).
(b) Subordination of Subrogation Rights.

Subordinate Lender agrees that if, by reason of its payment of real estate taxes or other monetary obligations of Borrower, or by reason of its exercise of any other right or remedy under the Subordinate Mortgage, it acquires by right of subrogation or otherwise a lien on the Mortgaged Property which (but for this subsection) would be senior to the lien of the Senior Security Instrument, then, in that event, such lien shall be subject and subordinate to the lien of the Senior Security Instrument.
(c) Payments After Senior Loan Default.

Borrower agrees that, after it receives a Default Notice (or otherwise acquires knowledge) of a Senior Loan Default, it will not make any payments under or pursuant to the Subordinate Mortgage (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorneys’ fees, or any other sums secured by the Subordinate Mortgage) without Senior Lender’s prior written consent. Subordinate Lender agrees that, after it receives a Default Notice from Senior Lender with written instructions directing Subordinate Lender not to accept payments from Borrower on account of the Subordinate Mortgage, it will not accept any payments under or pursuant to the Subordinate Mortgage (including but not limited to principal, interest, additional interest, late payment charges, default interest, attorneys’ fees, or any other sums secured by the Subordinate Mortgage) without Senior Lender’s prior written consent. If Subordinate Lender receives written notice from Senior Lender that the Senior Loan Default which gave rise to Subordinate Lender’s obligation not to accept payments has been cured, waived, or otherwise suspended by Senior Lender, the restrictions on payment to Subordinate Lender in this Section 6 shall terminate, and Senior Lender shall have no right to any subsequent payments made to Subordinate Lender by Borrower prior to Subordinate Lender’s receipt of a new Default Notice from Senior Lender in accordance with the provisions of this Section 5(c). (d) Remitting Subordinate Mortgage Payments to Senior Lender.

If, after Subordinate Lender receives a Default Notice from Senior Lender in accordance with Section 5(c), Subordinate Lender receives any payments under the Subordinate Mortgage, Subordinate Lender agrees that such payment or other distribution will be received and held in trust for Senior Lender and unless Senior Lender otherwise notifies Subordinate Lender in writing, will be promptly remitted, in kind to Senior Lender, properly endorsed to Senior Lender, to be applied to the principal of, interest on and other amounts due under the Senior Loan Documents in accordance with the provisions of the Senior Loan Documents. By executing this Agreement, Borrower specifically authorizes Subordinate Lender to endorse and remit any such payments to Senior Lender, and specifically waives any and all rights to have such payments returned to Borrower or credited against the Subordinate Mortgage. Borrower and Senior Lender

5.2 Attachment 2 - Proposed Subordination Agreement

24 Subordination Agreement (Affordable) Form 6456 Page 6 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 acknowledge and agree that payments received by Subordinate Lender, and remitted to Senior Lender under this Section 5, shall not be applied or otherwise credited against the Subordinate Mortgage, nor shall the tender of such payment to Senior Lender waive any Subordinate Mortgage Default which may arise from the inability of Subordinate Lender to retain such payment or apply such payment to the Subordinate Mortgage.
(e) Notice of Payment from Other Persons.

Subordinate Lender agrees to notify (telephonically or via email, followed by written notice) Senior Lender of Subordinate Lender’s receipt from any Person other than Borrower of a payment with respect to Borrower’s obligations under the Subordinate Mortgage, promptly after Subordinate Lender obtains knowledge of such payment.
(f) Agreement Not to Commence Bankruptcy Proceeding.

Subordinate Lender agrees that during the term of this Agreement it will not commence, or join with any other creditor in commencing any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings against or with respect to Borrower, without Senior Lender’s prior written consent.
(g) No Effect on Priority of Covenant.

Senior Lender and Borrower acknowledge and agree that (i) this Agreement shall in no way affect the priority of the Covenant, (ii) the Covenant shall unconditionally be and remain at all times prior and superior to the lien or charge of the Senior Security Instrument and other Senior Loan Documents, and (iii) Subordinate Lender would not have agreed to subordinate the Subordinate Mortgage to the Senior Security Instrument and Senior Loan Documents in the absence of Senior Lender and Borrower’s agreement to subordinate the Senior Security Instrument and Senior Loan Documents to the Covenant.

6. Default Under Subordinate Mortgage.
(a) Notice of Subordinate Mortgage Default and Cure Rights.

Subordinate Lender shall deliver to Senior Lender a Default Notice within five (5) Business Days in each case where Subordinate Lender has given a Default Notice to Borrower. Failure of Subordinate Lender to send a Default Notice to Senior Lender shall not prevent the exercise of Subordinate Lender’s rights and remedies under the Subordinate Mortgage, subject to the provisions of this Agreement. Senior Lender shall have the right, but not the obligation, to cure any Subordinate Mortgage Default within sixty (60) days following the date of such notice; provided, however that Subordinate Lender shall be entitled, during such sixty (60) day period, to continue to pursue its rights and remedies under the Subordinate Mortgage. All amounts paid by Senior Lender in accordance with the Senior Loan Documents to cure a Subordinate Mortgage Default shall be deemed to have been advanced by Senior Lender pursuant to, and shall be secured by, the Senior Loan Agreement and the Senior Security Instrument.

5.2 Attachment 2 - Proposed Subordination Agreement

25 Subordination Agreement (Affordable) Form 6456 Page 7 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 (b) Subordinate Lender’s Exercise of Remedies After Notice to Senior Lender.

If a Subordinate Mortgage Default occurs and is continuing, Subordinate Lender agrees that, without Senior Lender’s prior written consent, it will not commence foreclosure proceedings with respect to the Mortgaged Property under the Subordinate Mortgage or exercise any other rights or remedies it may have under the Subordinate Mortgage, including, but not limited to enforcing any “due on sale” provision included in the Subordinate Mortgage, collecting rents, appointing (or seeking the appointment of) a receiver or exercising any other rights or remedies thereunder unless and until it has given Senior Lender at least sixty (60) days prior written notice; during such sixty (60) day period, however, Subordinate Lender shall be entitled to exercise and enforce all other rights and remedies available to Subordinate Lender under the Subordinate Mortgage and/or under applicable laws.
(c) Cross Default.

Borrower and Subordinate Lender agree that a Subordinate Mortgage Default shall constitute a Senior Loan Default under the Senior Loan Documents and Senior Lender shall have the right to exercise all rights or remedies under the Senior Loan Documents in the same manner as in the case of any other Senior Loan Default. If Subordinate Lender notifies Senior Lender in writing that any Subordinate Mortgage Default of which Senior Lender has received a Default Notice has been cured or waived, as determined by Subordinate Lender in its sole discretion, then provided that Senior Lender has not conducted a sale of the Mortgaged Property pursuant to its rights under the Senior Loan Documents, any Senior Loan Default under the Senior Loan Documents arising solely from such Subordinate Mortgage Default shall be deemed cured, and the Senior Loan shall be reinstated, provided, however, that Senior Lender shall not be required to return or otherwise credit for the benefit of Borrower any default rate interest or other default related charges or payments received by Senior Lender during such Senior Loan Default.

7. Default Under Senior Loan Documents.
(a) Notice of Senior Loan Default and Cure Rights.

Senior Lender shall deliver to Subordinate Lender a Default Notice within five (5) Business Days in each case where Senior Lender has given a Default Notice to Borrower. Failure of Senior Lender to send a Default Notice to Subordinate Lender shall not prevent the exercise of Senior Lender’s rights and remedies under the Senior Loan Documents, subject to the provisions of this Section 7(a), nor shall such failure constitute a default by Senior Lender under this Agreement.

Subordinate Lender shall have the right, but not the obligation, to cure any such Senior Loan Default within sixty (60) days following the date of such Default Notice or the date on which Subordinate Lender otherwise acquires actual knowledge of Senior Loan Default; provided, however, that Senior Lender shall be entitled during such sixty (60) day period to continue to pursue its remedies under the Senior Loan Documents. Subordinate Lender may have up to ninety (90) days from the date of the Default Notice to cure a non-monetary default if during such ninety (90) day period Subordinate Lender keeps current all payments required by the Senior Loan

5.2 Attachment 2 - Proposed Subordination Agreement

26 Subordination Agreement (Affordable) Form 6456 Page 8 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 Documents. In the event that such a non-monetary default creates an unacceptable level of risk relative to the Mortgaged Property, or Senior Lender’s secured position relative to the Mortgaged Property, as determined by Senior Lender in its sole discretion, then Senior Lender may exercise during such ninety (90) day period all available rights and remedies to protect and preserve the Mortgaged Property and the rents, revenues and other proceeds from the Mortgaged Property. All amounts paid by Subordinate Lender to Senior Lender to cure a Senior Loan Default shall be deemed to have been advanced by Subordinate Lender pursuant to, and shall be secured by the Subordinate Mortgage.
(b) Cross Default.

Subordinate Lender agrees that, notwithstanding any contrary provision contained in the Subordinate Mortgage, a Senior Loan Default shall not constitute a default under the Subordinate Mortgage (if no other default has occurred under the Subordinate Mortgage) until either Senior Lender has accelerated the maturity of the Senior Loan, or Senior Lender has taken affirmative action to exercise its rights under the Senior Loan Documents to collect rent, to appoint (or seek the appointment of) a receiver or to foreclose on (or to exercise a power of sale contained in) the Senior Loan Documents. At any time after a Senior Loan Default is determined to constitute a default under the Subordinate Mortgage, Subordinate Lender shall be permitted to pursue its remedies for default under the Subordinate Mortgage, subject to the restrictions and limitations of this Agreement. If at any time Borrower cures any Senior Loan Default to the satisfaction of Senior Lender, as evidenced by written notice from Senior Lender to Subordinate Lender, any default under the Subordinate Mortgage arising from such Senior Loan Default shall be deemed cured and the Subordinate Mortgage shall be retroactively reinstated as if such Senior Loan Default had never occurred.

8. Conflict.

Borrower, Senior Lender and Subordinate Lender each agrees that, in the event of any conflict or inconsistency between the terms of the Senior Loan Documents, the Subordinate Mortgage and the terms of this Agreement, the terms of this Agreement shall govern and control solely as to the following: the relative priority of the security interests of Senior Lender and Subordinate Lender in the Mortgaged Property; the timing of the exercise of remedies by Senior Lender and Subordinate Lender under the Senior Loan Documents and the Subordinate Mortgage, respectively; and solely as between Senior Lender and Subordinate Lender, the notice requirements, cure rights, and the other rights and obligations which Senior Lender and Subordinate Lender have agreed to as expressly provided in this Agreement. Borrower acknowledges that the terms and provisions of this Agreement shall not, and shall not be deemed to: extend Borrower’s time to cure any Senior Loan Default or Subordinate Mortgage Default, as the case may be; give Borrower the right to notice of any Senior Loan Default or Subordinate Mortgage Default, as the case may be other than that, if any, provided, respectively under the Senior Loan Documents or the Subordinate Mortgage; or create any other right or benefit for Borrower as against Senior Lender or Subordinate Lender; or modify any of Borrower’s obligations under the Covenant.

5.2 Attachment 2 - Proposed Subordination Agreement

27 Subordination Agreement (Affordable) Form 6456 Page 9 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 9. Rights and Obligations of Subordinate Lender Under the Subordinate Mortgage and of Senior Lender under the Senior Loan Documents.

Subject to each of the other terms of this Agreement, all of the following provisions shall supersede any provisions of the Subordinate Mortgage covering the same subject matter:
(a) Protection of Security Interest.

Subordinate Lender shall not, without the prior written consent of Senior Lender in each instance, take any action which has the effect of increasing the indebtedness outstanding under, or secured by, the Subordinate Mortgage, except that Subordinate Lender shall have the right to advance funds to cure Senior Loan Defaults pursuant to Section 7(a) and advance funds pursuant to the Subordinate Mortgage for the purpose of paying real estate taxes and insurance premiums, making necessary repairs to the Mortgaged Property and curing other defaults by Borrower under the Subordinate Mortgage.
(b) Condemnation or Casualty.

Following the occurrence of a Condemnation Action, or a fire or other casualty resulting in damage to all or a portion of the Mortgaged Property (collectively, a “Casualty”), at any time or times when the Senior Security Instrument remains a lien on the Mortgaged Property the following provisions shall apply:
(A) Subordinate Lender hereby agrees that its rights (under the Subordinate Mortgage or otherwise) to participate in any proceeding or action relating to a Condemnation Action or a Casualty, or to participate or join in any settlement of, or to adjust, any claims resulting from a Condemnation Action or a Casualty shall be and remain subject and subordinate in all respects to Senior Lender’s rights under the Senior Loan Documents with respect thereto, and Subordinate Lender shall be bound by any settlement or adjustment of a claim resulting from a Condemnation Action or a Casualty made by Senior Lender; provided, however, this subsection or anything contained in this Agreement shall not limit the rights of Subordinate Lender to file any pleadings, documents, claims or notices with the appropriate court with jurisdiction over the proposed Condemnation Action or Casualty; and
(B) all proceeds received or to be received on account of a Condemnation Action or a Casualty, or both, shall be applied (either to payment of the costs and expenses of repair and restoration or to payment of the Senior Loan) in the manner determined by Senior Lender in its sole discretion; provided, however, that if Senior Lender elects to apply such proceeds to payment of the principal of, interest on and other amounts payable under the Senior Loan, any proceeds remaining after the satisfaction in full of the principal of, interest on and other amounts payable under the Senior Loan shall be paid to, and may be applied

5.2 Attachment 2 - Proposed Subordination Agreement

28 Subordination Agreement (Affordable) Form 6456 Page 10 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 by, Subordinate Lender in accordance with the applicable provisions of the Subordinate Mortgage, provided however, Senior Lender agrees to consult with Subordinate Lender in determining the application of Casualty proceeds, provided further, however, that in the event of any disagreement between Senior Lender and Subordinate Lender over the application of Casualty proceeds, the decision of Senior Lender, in its sole discretion, shall prevail.
(c) Insurance.

Subordinate Lender agrees that all original policies of insurance required pursuant to the Senior Security Instrument shall be held by Senior Lender. The preceding sentence shall not preclude Subordinate Lender from requiring that it be named as a loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Mortgaged Property, provided such action does not affect the priority of payment of the proceeds of property damage insurance under the Senior Security Instrument, or that it be named as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Mortgaged Property.
(d) No Modification of Subordinate Mortgage.

Borrower and Subordinate Lender each agree that, until the principal of, interest on and all other amounts payable under the Senior Loan Documents have been paid in full, it will not, without the prior written consent of Senior Lender in each instance, increase the amount of the Subordinate Mortgage, increase the required payments due under the Subordinate Mortgage, decrease the term of the Subordinate Mortgage, increase the interest rate on the Subordinate Mortgage, or otherwise amend the Subordinate Mortgage terms in a manner that creates an adverse effect upon Senior Lender under the Senior Loan Documents. Any amendment of the Subordinate Mortgage or assignment of Subordinate Lender’s interest in the Subordinate Mortgage without Senior Lender’s consent shall be void ab initio and of no effect whatsoever.

10. Modification or Refinancing of Senior Loan.

Subordinate Lender consents to any agreement or arrangement in which Senior Lender waives, postpones, extends, reduces or modifies any provisions of the Senior Loan Documents, including any provision requiring the payment of money. Subordinate Lender further agrees that its agreement to subordinate hereunder shall extend to any new mortgage debt which is for the purpose of refinancing all or any part of the Senior Loan (including reasonable and necessary costs associated with the closing and/or the refinancing); and that all the terms and covenants of this Agreement shall inure to the benefit of any holder of any such refinanced debt; and that all references to the Senior Loan, the Senior Note, the Senior Loan Agreement, the Senior Security Instrument, the Senior Loan Documents and Senior Lender shall mean, respectively, the refinance loan, the refinance note loan agreement, the mortgage securing the refinance note, all documents evidencing securing or otherwise pertaining to the refinance note and the holder of the refinance note.

5.2 Attachment 2 - Proposed Subordination Agreement

29 Subordination Agreement (Affordable) Form 6456 Page 11 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 11. Default by Subordinate Lender or Senior Lender.

If Subordinate Lender or Senior Lender defaults in performing or observing any of the terms, covenants or conditions to be performed or observed by it under this Agreement, the other, non-defaulting lender shall have the right to all available legal and equitable relief.

12. Reinstatement.

To the extent that Borrower makes a payment to Senior Lender or Senior Lender receives any payment or proceeds of the collateral securing the Senior Loan for Borrower’s benefit, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable doctrine, then to the extent of such payment or proceeds received and not retained by Senior Lender, this Agreement shall be reinstated and continue in full force and effect until full and final payment shall have been made to Senior Lender. Subordinate Lender agrees to hold in trust for Senior Lender and promptly remit to Senior Lender any payments received by Subordinate Lender after such invalidated, rescinded or returned payment was originally made.

13. Notices.
(a) Process of Serving Notice.

All notices under this Agreement shall be:
(1) in writing and shall be:
(A) delivered, in person;
(B) mailed, postage prepaid, either by registered or certified delivery, return receipt requested;
(C) sent by overnight courier; or
(D) sent by electronic mail with originals to follow by overnight courier; (2) addressed to the intended recipient at the address(es) below the signature block, as applicable; and
(3) deemed given on the earlier to occur of:
(A) the date when the notice is received by the addressee; or (B) if the recipient refuses or rejects delivery, the date on which the notice is so refused or rejected, as conclusively established by the records of the

5.2 Attachment 2 - Proposed Subordination Agreement

30 Subordination Agreement (Affordable) Form 6456 Page 12 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 United States Postal Service or any express courier service. (b) Change of Address.

Any party to Agreement may change the address to which notices intended for it are to be directed by means of notice given to the other parties identified in this Agreement. (c) Receipt of Notices.

Senior Lender, Subordinate Lender or Borrower shall not refuse or reject delivery of any notice given in accordance with this Agreement. Each party is required to acknowledge, in writing, the receipt of any notice upon request by the other party.

14. General.
(a) Assignment/Successors.

This Agreement shall be binding upon Borrower, Senior Lender and Subordinate Lender and shall inure to the benefit of the respective legal successors, transferees and assigns of Borrower, Senior Lender and Subordinate Lender. Borrower shall not assign any of its rights and obligations under this Agreement without the prior written consent of Senior Lender. (b) No Partnership or Joint Venture.

Senior Lender’s permission for the placement of the Subordinate Mortgage does not constitute Senior Lender as a joint venturer or partner of Subordinate Lender. Neither party hereto shall hold itself out as a partner, agent or Affiliate of the other party hereto. (c) Senior Lender’s and Subordinate Lender’s Consent.

Wherever Senior Lender’s consent or approval is required by any provision of this Agreement, such consent or approval may be granted or denied by Senior Lender in its sole and absolute discretion, unless otherwise expressly provided in this Agreement. Wherever Subordinate Lender’s consent or approval is required by any provision of this Agreement, such consent or approval may be granted or denied by Subordinate Lender in its sole and absolute discretion, unless otherwise expressly provided in this Agreement.
(d) Further Assurances.

Subordinate Lender, Senior Lender and Borrower each agrees, at Borrower’s expense, to execute and deliver all additional instruments and/or documents reasonably required by any other party to this Agreement in order to evidence that the Subordinate Mortgage is subordinate to the lien, covenants and conditions of the Senior Loan Documents, or to further evidence the intent of this Agreement.

5.2 Attachment 2 - Proposed Subordination Agreement

31 Subordination Agreement (Affordable) Form 6456 Page 13 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 (e) Amendment.

This Agreement shall not be amended except by written instrument signed by all parties hereto.
(f) Governing Law.

This Agreement shall be governed by the laws of the jurisdiction in which the Mortgaged Property is located without giving effect to any choice of law provisions thereof that would result in the application of the laws of another jurisdiction. Senior Lender, Subordinate Lender and Borrower agree that any controversy arising under or in relation to this Security Instrument shall be litigated exclusively in the jurisdiction in which the Mortgaged Property is located. The state and federal courts and authorities with jurisdiction in such locale shall have exclusive jurisdiction over all controversies that arise under or in relation to this Agreement. The parties hereto irrevocably consent to service, jurisdiction, and venue of such courts for any such litigation and waive any other venue to which any might be entitled by virtue of domicile, habitual residence or otherwise.
(g) Severable Provisions.

If any provision of this Agreement shall be invalid or unenforceable to any extent, then the other provisions of this Agreement, shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
(h) Term.

The term of this Agreement shall commence on the date hereof and shall continue until the earliest to occur of the following events: the payment in full of the principal of, interest on and other amounts payable under the Senior Loan Documents; the acquisition by Senior Lender of title to the Mortgaged Property pursuant to a foreclosure or a deed in lieu of foreclosure of, or the exercise of a power of sale contained in, the Senior Loan Documents; or the acquisition by Subordinate Lender of title to the Mortgaged Property pursuant to a foreclosure or a deed in lieu of foreclosure of, or the exercise of a power of sale contained in, the Subordinate Mortgage, but only if such acquisition of title does not violate any of the terms of this Agreement. (i) Counterparts.

This Agreement may be executed in any number of counterparts, each of which shall be considered an original for all purposes; provided, however, that all such counterparts shall together constitute one and the same instrument.
(j) Sale of Senior Loan.

Nothing in this Agreement shall limit Senior Lender’s (including any assignee or transferee of Senior Lender) right to sell or transfer the Senior Loan, or any interest in the Senior Loan. The

5.2 Attachment 2 - Proposed Subordination Agreement

32 Subordination Agreement (Affordable) Form 6456 Page 14 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
5 1
2 Senior Loan or a partial interest in the Senior Loan (together with this Agreement and the other Loan Documents) may be sold one or more times without prior notice to Borrower.

5.2 Attachment 2 - Proposed Subordination Agreement

33 Subordination Agreement (Affordable) Form 6456 Page S-1 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
IN WITNESS WHEREOF, Borrower, Senior Lender and Subordinate Lender have signed and delivered this Agreement under seal (where applicable) or have caused this Agreement to be signed and delivered under seal (where applicable) by a duly authorized representative.

Where applicable law so provides, Borrower, Senior Lender and Subordinate Lender intend that this Agreement shall be deemed to be signed and delivered as a sealed instrument.

SENIOR LENDER:

WALKER & DUNLOP, LLC, a
Delaware limited liability company
By:

Name: July M. James
Title: Vice President & Team Leader
Address: 7272 Wisconsin Avenue, Suite 1300
Bethesda, Maryland 20814
With a copy to:

Fannie Mae
Attention: Multifamily Asset
Management
Drawer AM
1100 15th Street, NW
Washington, DC 20005

5.2 Attachment 2 - Proposed Subordination Agreement

34 Subordination Agreement (Affordable) Form 6456 Page S-2 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB

COMMONWEALTH OF VIRGINIA )
) ss.

COUNTY OF LOUDOUN )
I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document.

On this _____ day of March, 2023, before me personally appeared July M. James, to me known to be the Vice President & Team Leader of WALKER & DUNLOP, LLC, a Delaware limited liability company, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument.

WITNESS my hand and official seal hereto affixed the day and year first above written.

Notary Public in and for the Commonwealth of
Virginia, residing at
My commission expires:
[Type or Print Notary Name]
(Use This Space for Notarial Seal Stamp)

5.2 Attachment 2 - Proposed Subordination Agreement

35 Subordination Agreement (Affordable) Form 6456 Page S-3 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
SUBORDINATE LENDER:

CITY OF FOSTER CITY, a municipal corporation,
acting in its capacity as the Successor Housing
Agency to the Community Development Agency of
the City of Foster City
By:

Jon Froomin, Mayor
Address: 610 Foster City Boulevard
Foster City, California 94404
APPROVED AS TO FORM:

By:

Benjamin Stock, City Attorney
ATTEST:

By:

Priscilla Schaus, City Clerk

5.2 Attachment 2 - Proposed Subordination Agreement

36 Subordination Agreement (Affordable) Form 6456 Page S-4 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA }
COUNTY OF } S.S.

On __________________ before me, _________________________________ personally appeared_______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

5.2 Attachment 2 - Proposed Subordination Agreement

37 Subordination Agreement (Affordable) Form 6456 Page S-5 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
BORROWER:

PWM RESIDENTIAL VENTURE LP, a
California limited partnership
By:

Name:

Title:

Address: 1201 Howard Avenue, Suite 300
Burlingame, California 94010

5.2 Attachment 2 - Proposed Subordination Agreement

38 Subordination Agreement (Affordable) Form 6456 Page S-6 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA }
COUNTY OF } S.S.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

5.2 Attachment 2 - Proposed Subordination Agreement

39 Subordination Agreement (Affordable) Form 6456 Page A-1 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB

EXHIBIT A

LEGAL DESCRIPTION
Real property in the City of Foster City, County of San Mateo, State of California, described as follows:

PARCEL ONE:

A PORTION OF ADJUSTED PARCEL 3, AS SAID PARCEL IS DESCRIBED IN THAT CERTAIN DOCUMENT FILED FOR RECORD ON AUGUST 11, 2000 AS DOCUMENT NO. 2000-099211 IN THE OFFICE OF THE RECORDER OF SAN MATEO COUNTY

AND ALSO BEING A PORTION OF ADJUSTED PARCEL B, AS SAID PARCEL IS

DESCRIBED IN THAT CERTAIN DOCUMENT FILED FOR RECORD ON NOVEMBER 7, 2000 AS DOCUMENT NO. 2000-139980 IN THE OFFICE OF THE RECORDER OF

SAN MATEO COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID ADJUSTED PARCEL B;

THENCE ALONG THE WESTERLY AND NORTHEASTERLY LINE OF SAID PARCEL,

THE FOLLOWING ELEVEN COURSES,
1)NORTH 53º40'12" WEST, 388.24 FEET;
2)NORTH 28º49'55" WEST, 350.85 FEET TO THE BEGINNING OF A NON-TANGENT

CURVE TO THE LEFT FROM WHICH POINT A RADIAL LINE BEARS NORTH 28º49'55" WEST;
3)ALONG SAID CURVE HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 20º48'39", AN ARC LENGTH OF 145.29 FEET;
4)NORTH 40º21'26" EAST, 75.16 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT;
5)ALONG SAID CURVE HAVING A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF 11º29'27", AN ARC LENGTH OF 80.22 FEET TO A POINT OF COMPOUND CURVATURE;
6)ALONG SAID CURVE HAVING A RADIUS OF 145.72 FEET, THROUGH A CENTRAL OF 2º35'43", AN ARC LENGTH OF 6.60 FEET;
7)NORTH 54º26'36" EAST, 110.54 FEET;
8)SOUTH 53º40'12" EAST, 60.93 FEET TO THE BEGINNING OF A NON-TANGENT

CURVE TO THE LEFT FROM WHICH POINT A RADIAL LINE BEARS NORTH 66º15'42" EAST;
9)ALONG SAID CURVE HAVING A RADIUS OF 22.80 FEET, THROUGH A CENTRAL

ANGLE OF
39º34'34", AN ARC LENGTH OF 15.75 FEET;
10)SOUTH 63º20'49" EAST, 135.14 FEET;

5.2 Attachment 2 - Proposed Subordination Agreement

40 Subordination Agreement (Affordable) Form 6456 Page A-2 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
11)SOUTH 53º40'12" EAST, 136.89 FEET TO THE NORTHWESTERLY CORNER OF

THE LANDS DESCRIBED IN THAT CERTAIN STREET DEDICATION DOCUMENT FILED FOR RECORD ON APRIL 28, 2003 AS DOCUMENT NO. 2003-112489 IN THE OFFICE OF THE RECORDER OF SAN MATEO COUNTY; THENCE ALONG THE

SOUTHWESTERLY LINE OF SAID LANDS THE FOLLOWING SEVEN COURSES, 1)SOUTH 36º50'11" EAST, 9.82 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT;
2)ALONG SAID CURVE HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 14º26'03", AN ARC LENGTH OF 17.63 FEET;
3)SOUTH 51º16'14" EAST, 5.36 FEET;
4)SOUTH 52º58'53" EAST, 6.97 FEET;
5)SOUTH 53º40'12" EAST, 100.00 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT;
12)ALONG SAID CURVE HAVING A RADIUS OF 18.00 FEET, THROUGH A CENTRAL ANGLE OF 68º18'19", AN ARC LENGTH OF 21.46 FEET;
13)&NBSP;SOUTH 53º40'12" EAST, 36.28 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID ADJUSTED PARCEL B; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 36º19'48" WEST,
194.51 FEET; THENCE LEAVING SAID LINE, SOUTH 53º40'12" EAST, 30.88 FEET; THENCE SOUTH 36º19'48" WEST, 0.83 FEET; THENCE SOUTH 53º40'12" EAST, 9.25 FEET; THENCE NORTH
36º19'48" EAST, 0.96 FEET; THENCE SOUTH 53º40'12" EAST, 6.08 FEET; THENCE SOUTH 36º19'48" WEST, 21.42 FEET; THENCE SOUTH 53º40'12", 6.21 FEET; THENCE SOUTH 36º19'48" WEST, 50.91 FEET; THENCE NORTH 53º40'12" WEST, 19.92 FEET; THENCE NORTH 36º19'48" EAST, 4.54 FEET; THENCE NORTH 53º40'12" WEST, 32.12

FEET TO A POINT ON THE EASTERLY LINE OF SAID ADJUSTED PARCEL B AND TO

A POINT ON A NON-TANGENT CURVE TO THE LEFT FROM WHICH POINT A RADIAL LINE BEARS SOUTH 59º00'59" EAST; THENCE ALONG SAID EASTERLY

LINE THE FOLLOWING SEVEN COURSES,
6)ALONG SAID CURVE HAVING A RADIUS OF 88.00 FEET, THROUGH A CENTRAL ANGLE 19º57'58", AN ARC LENGTH OF 30.67 FEET;
7)SOUTH 11º01'03" WEST, 35.91 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT;
8)ALONG SAID CURVE HAVING A RADIUS OF 88.00 FEET, THROUGH A CENTRAL ANGLE OF 16º34'31", AN ARC LENGTH OF 25.46 FEET TO A POINT OF REVERSE CURVATURE;
9)ALONG SAID CURVE HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 26º27'51", AN ARC LENGTH OF 92.38 FEET;
10)SOUTH 1º07'43" WEST, 71.70 FEET;
11)NORTH 88º45'32" WEST, 36.22 FEET;
12)SOUTH 36º19'48" WEST, 42.50 FEET TO THE POINT OF BEGINNING.

BEING THE LAND DESCRIBED AS ADJUSTED PARCEL B ON LOT LINE ADJUSTMENT RECORDED MAY19, 2004, INSTRUMENT NO. 2004-103642, SAN MATEO COUNTY RECORDS.

5.2 Attachment 2 - Proposed Subordination Agreement

41 Subordination Agreement (Affordable) Form 6456 Page A-3 Fannie Mae 06-19 © 2019 Fannie Mae
MAIN\53256\01295\BUSN\01495472.DOCX V2-DLB
PARCEL TWO:

EASEMENTS FOR INGRESS, EGRESS, PARKING AND UTILITIES, A PROVIDED FOR IN SECTIONS 4A, 4B, 4D AND 5 OF THE AMENDED AND RESTATED RECIPROCAL

EASEMENT AGREEMENT RECORDED
MAY 19, 2004, INSTRUMENT NO. 2004-103644, SAN MATEO COUNTY RECORDS.

5.2 Attachment 2 - Proposed Subordination Agreement

42 DATE: March 20, 2023

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

FROM: Kevin Ortiz, Management Analyst
DEPARTMENT: City Manager
SUBJECT: SUPPORT OF THE WYLAND FOUNDATION'S 2023 NATIONAL

MAYOR'S CHALLENGE FOR WATER CONSERVATION

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution in support of the Wyland Foundation's 2023 National Mayor's Challenge for Water Conservation.

EXECUTIVE SUMMARY
Founded in 1993, the Wyland Foundation is a 501(c)(3) non-profit organization dedicated to promoting, protecting, and preserving the world’s oceans, waterways, and marine life. Through partnerships with public, non-profit, and private sector organizations that share its mission, the Wyland Foundation encourages environmental awareness through community events, education programs, and public art projects.

In 2012, the Wyland Foundation created the first annual National Mayor’s Water Conservation Challenge with the support of Mayors and participation of cities throughout the nation. The Water Conservation Challenge is a national community service campaign that encourages Mayors, as local community leaders, to encourage residents in their cities/communities to make a series of simple pledges at mywaterpledge.com to use water more efficiently, reduce pollution, and save energy.

Due to the success of the national campaign and increased participation of cities and communities to achieve the goal of water conservation, the Wyland Foundation’s National Mayor’s Challenge for Water Conservation continues to be held on an annual

5.3 5.3 Staff Report

43 basis. To ensure Foster City’s participation in this water education and conservation initiative, it is recommended that the City Council adopt the attached resolution in support of the Wyland Foundation’s 2023 National Challenge for Water Conservation.

BACKGROUND/ANALYSIS
The Wyland Foundation’s 2023 National Mayor’s Challenge for Water Conservation is the 12th annual nationwide community service campaign, which takes place between April 1, 2023 and April 30, 2023. Last year, residents from over 2,000 cities in all 50 U.S. states pledged to reduce their annual consumption of freshwater by over 1 billion gallons, reduce waste sent to landfills by 35 million pounds, and preventing nearly one hundred thousand pounds of hazardous waste from entering watersheds.

Community benefits for participating in the water conservation campaign include the following:
•Save costs for consumers
•Save infrastructure and operating costs for cities
•Protect watersheds and ecosystems
•Promote drought resiliency
•Reward residents and community members for positive resource conservation behavior
•Provide immediate feedback with real-time city by city results that can be measured and compared to neighboring cities
The State of California has experienced severe drought conditions. In response, California Governor Gavin Newsom signed a Proclamation on July 8, 2021 declaring a State of Emergency in effect in 50 counties throughout the state, including San Mateo County. In tandem with the Proclamation, Governor Newsom issued State of California Executive Order N-10-21 establishing a voluntary statewide water conservation target of 15% from their 2020 levels. As cities and communities throughout the state continue to engage in water conservation efforts to meet the voluntary statewide targets, the City Council’s adoption of the attached resolution will affirm Foster City’s commitment to sustainability and water resource conservation.

At the April 4, 2022 City Council Regular Meeting, the City Council adopted a resolution expressing support for the 2022 National Mayor’s Challenge for Water Conservation.

Following that meeting, City staff registered the City of Foster City to participate in the water conservation challenge.

Based on the number of residents making the pledge and participating in the challenge, Wyland Foundation noted the following metrics for Foster City:
•Water savings – 573,470 gallons of water

5.3 5.3 Staff Report

44 •Electricity savings – 41,472 kilowatt hours
•Consumer cost savings in the amount of $7,368
•Reduction of 1,557 single-use plastic water bottles
•Elimination of 40 pounds of hazardous waste from entering watersheds •Reduction of 16,357 pounds of waste contributed to landfills •Reduction of 2.5 million pounds of carbon dioxide emitted Should the City Council approve the second year of participation in the challenge, City staff will continue to coordinate community outreach efforts through multiple mediums/platforms used by the City, including, but not limited to: press release, newsletter, Simplicity, and social media. Participating in the challenge will provide the Foster City community with the opportunity to learn about water resources and infrastructure, conserve water, reduce pollution, and help alleviate the severe drought conditions experienced in the region and state.

California Environmental Quality Act
Not Applicable

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

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

Attachment 1 - Resolution

5.3 5.3 Staff Report

45 4
0 5
RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY SUPPORTING THE WYLAND FOUNDATION’S 2023 MAYOR’S CHALLENGE FOR

WATER CONSERVATION

CITY OF FOSTER CITY
WHEREAS, the City of Foster City, the region of San Mateo County, and the State of California continue to explore ways to manage residential consumption of water and power, and to encourage its residents to care for our natural resources; and WHEREAS, cities can engage in efforts to inspire their own communities, as well as their neighboring cities, to become better environmental stewards; and WHEREAS, the 12 th Annual National Mayor’s Challenge for Water Conservation presented by the Wyland Foundation, with support from the U.S. Environmental Protection Agency WaterSense, The Toro Company, and the National League of Cities, is a non-profit challenge to residents to encourage pollution reduction and smart water use; and
WHEREAS, with the encouragement of their Mayors, residents may register their participation in their city's Challenge online by making simple pledges to decrease their water use and to reduce pollution for the period of one year, thereby assisting their cities to apply State and Federal water conservation strategies and to target mandated reductions; and
WHEREAS, at the April 4, 2022 City Council Regular Meeting, the City Council adopted a resolution expressing support for the 2022 National Mayor’s Challenge for Water Conservation, which provided the Foster City community with the opportunity to participate in the Challenge for the first time; and
WHEREAS, as a result of participating in the 2022 Challenge, Foster City achieved significant savings in water, electricity, and consumer costs, in addition to a reduction of hazardous waste from entering watersheds and landfills, single-use plastic water bottles, and carbon dioxide emissions; and
WHEREAS, from April 1-30, 2023, the City of Foster City wishes to encourage its residents along with its neighboring communities to take the Wyland Foundation’s Mayor's Challenge for Water Conservation by making a series of online pledges at mywaterpledge.com to reduce their impact on the environment and to see immediate savings in their water, trash, and electricity bills.

5.3 Attachment 1 - Resolution

46 4
0 5
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby resolve, declare, and determine as follows:

SECTION 1. The City of Foster City agrees and supports the Wyland Foundation’s Mayor's Challenge for Water Conservation.

SECTION 2. The program is to be implemented from April 1-30, 2023, through a series of communication and outreach strategies, whether new or existing, to encourage Foster City residents to take the water conservation "Challenge." SECTION 3. This resolution shall be effective immediately.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

5.3 Attachment 1 - Resolution

47 DATE: March 20, 2023

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

FROM: Marlene Subhashini, Assistant City Manager
Ramon Towne, Interim Public Works Director/City Engineer Taniela Mapa, Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: STREET REHABILITATION PROJECT (CIP 301-697) - NOTICE

OF COMPLETION

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution: 1) accepting the work performed by Radius Earthwork, Inc. (Radius) for the construction of Street Rehabilitation Project (CIP 301-697) and directing the City Clerk to file the Notice of Completion (NOC); and 2) finding the approval of the Resolution is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15301(b) Existing Facilities.

EXECUTIVE SUMMARY
CIP 301-697 consisted of roadway improvements, including slurry sealing and grinding and overlaying selected roadways on residential streets, replacement of traffic signage, reconstruction of non-compliant curb ramps, and restriping crosswalks and roadways.

The work has been completed in conformance with the contract documents. It is recommended that the City Council accept the work and direct the City Clerk to file the NOC.

BACKGROUND

5.4 5.4 Staff Report

48 City Resolution No. 2022-67, adopted on June 20, 2022, approved the execution of a construction contract with Radius Earthwork, Inc. in the amount of $1,337,300 for CIP 301-697, established a project contingency of $162,000 and appropriated $60,000 to the existing project budget for funds previously collected from Gilead Sciences, Inc. to be used towards the City’s pavement management program.

Construction began in September 2022 and was substantially completed on November 22, 2022. Day to day construction management and inspection services were performed by in-house staff. The contractor has completed all punch list items of work.

ANALYSIS
Prior to construction, a portion of Boothbay Avenue (Galveston Street to Port Royal Avenue) was removed from the scope of work because it had recently been resurfaced by PG&E. As a substitute, Bounty Drive, from Foster City Boulevard to Shell Boulevard, was added to CIP 301-697.

The construction work consisted of localized base repairs, full-width grinding, asphalt overlays, crack sealing, slurry sealing, striping, and signage improvements. In conformance with the Americans with Disabilities Act, non-compliant curb ramps were upgraded as well.

The following streets were either slurry sealed or ground and overlayed as part of this project: Shell Boulevard (E. Hillsdale Avenue to Shell Bridge), Bounty Drive (Comet Drive to Shell Boulevard), Dolphin Isle, Boothbay Avenue (Edgewater Boulevard to Galveston Street), Chesapeake Avenue (Biscayne Avenue to Boothbay Avenue), Nantucket Street, and Port Royal Avenue (Edgewater Boulevard to Boothbay Avenue).

Signage and curb ramps were updated as needed along the project sites.

There was one change order (CCO #1) issued, which resulted in a credit of $169,441.77 to the City. CCO #1 was the balancing change order which adjusted the final quantities of the original contract to reflect actual quantities constructed.

Given that Radius Earthwork, Inc. has completed its work in conformance with the contract documents, it is recommended that the City Council accept the work and direct the City Clerk to file the NOC.

California Environmental Quality Act
The acceptance of the work is categorically exempt from review under CEQA pursuant to CEQA Guidelines Section 15301(b) (Existing Facilities), in that the project consists of the operation, repair, and maintenance of existing facilities.

FISCAL IMPACT
The following is the project expenditure summary:

5.4 5.4 Staff Report

49 Project Budget
CIP 301-701 – Resolution 2022-67 $1,560,000.00
Construction Contract Expenses
Contract Agreement with Radius Earthwork, Inc. $ 1,337,300.00 CCO #1 – Quantities Adjustment Change Order $ (169,441.77) Total Construction Contract Expense $ 1,167,858.23
Other Project Related Expenses
Advertising/Miscellaneous Expenses
Materials Testing Services
$ 2,513.10
$ 12,707.60
Total Other Project Related Expenses $ 15,220.70 Total Project Expenses to date $ 1,183,078.93
Project Budget Balance $ 376,921.07
The contract work has been completed and the NOC is ready to be filed. Tonight’s action by the City Council will establish the official date of completion of the work performed by Radius Earthwork, Inc., formalizing the City’s acceptance of the contract work and allowing final payment to the contractor be made. Any unused City funds will be returned to the appropriate originating fund (Measure A, Measure M, Gas Tax, and SB1).

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

Attachment 1 - Resolution
Attachment 2 - Notice of Completion

5.4 5.4 Staff Report

50 4
2 6
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ACCEPTING THE WORK BY RADIUS EARTHWORK, INC. FOR THE STREET REHABILITATION PROJECT (CIP 301-697) AND DIRECTING THE CITY CLERK TO

FILE THE NOTICE OF COMPLETION

CITY OF FOSTER CITY
WHEREAS, the Public Works Director/City Engineer has filed with the City Clerk the Notice of Completion for the work known as the Street Rehabilitation Project (CIP 301-697) located in the City of Foster City, situated in San Mateo County, California; provided to be done under and pursuant to the contract documents and agreement between the City of Foster City and Radius Earthwork, Inc. dated June 20, 2022; and WHEREAS, it appears to the satisfaction of the City Council that said work has been completed in an acceptable manner.

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

1. The adoption of this Resolution accepting the work by Radius Earthwork, Inc. and directing the City Clerk to file the Notice of Completion is categorically exempt under the California Environmental Quality Act pursuant (CEQA) pursuant to CEQA Guidelines Section 15301(b) (Existing Facilities), in that the project consists of the operation, repair, and maintenance of existing facilities; and

2. The acceptance of said work subject to reservation of all City's rights arising from any defective workmanship and/or materials not observed during construction being hereafter discovered and becoming known to City; and

3. The City Clerk to notarize and file for record with the County Recorder of the County of San Mateo the Notice of Completion thereof, as required by law, and file a conformed, recorded copy of said notice with the Finance Director and Public Works Director/City Engineer; and

4. The City Clerk to notify Radius Earthwork, Inc. that the Construction Performance Bond No. 70217323 from The Ohio Casualty Insurance Company may be released one year following the recordation of the Notice of Completion; and

5. The City Clerk to release the Labor and Material Bond No. 70217323 from The Ohio Casualty Insurance Company, thirty-five (35) days after the date

5.4 Attachment 1 - Resolution

51 4
2 6
of recording of the Notice of Completion if no claims or Stop Notices have been received.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________

JON FROOMIN, MAYOR
ATTEST:
_____________________________

PRISCILLA SCHAUS, CITY CLERK

5.4 Attachment 1 - Resolution

52 5.4
Attachment 2 - Notice of Completion

53 1
4 1
DATE: March 20, 2023

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

FROM: Sofia Mangalam, Community Development Director
Thai-Chau Le, Planning Manager
Helen Gannon, Associate Planner
DEPARTMENT: Community Development
SUBJECT: GENERAL PLAN AND HOUSING ELEMENT ANNUAL
PROGRESS REPORT FOR 2022

RECOMMENDATION
It is recommended that the City Council, by minute order, receive and accept the General Plan Annual Progress Report (APR) and Housing Element APR for 2022.

EXECUTIVE SUMMARY
California Government Code 65400 requires each jurisdiction to prepare an annual report on the status of the General Plan and provide information regarding the implementation of the General Plan for their city or county, including the Housing Element. The APR includes information for decision makers to assess how the General Plan was implemented during the 12-month reporting period. On February 16, 2023, the Planning Commission received the General Plan APR and recommended City Council acceptance by Resolution No. P-01-23. Following Council’s acceptance of the APR, the report will be filed with the Governor’s Office of Planning and Research (OPR) and California Department of Housing and Community Development (HCD) before April 1, 2023.

BACKGROUND
California Government Code 65400 requires that after the legislative body (City Council) has adopted all or part of a General Plan, the planning agency (Planning Commission)

6.1 6.1 Staff Report

54 1
4 1
shall review an annual report on the status of the General Plan progress and its implementation and provide the report to the legislative body. The APR is then forwarded to OPR and HCD by April 1 of each year. The Government Code also includes specific requirements for information about the status of Housing Element programs and progress in meeting its share of the Regional Housing Need Allocations (RHNA) issued by the Association of Bay Area Governments (ABAG).

On February 16, 2023, Staff presented the General Plan and Housing Element APR for 2022 to the Planning Commission. Overall, the Commission was satisfied with the report and voted 5-0-0-0 recommending City Council acceptance of the General Plan APR for 2022. See Planning Commission Resolution No. P-01-23 (Attachment 1).

ANALYSIS
All cities in California are required to prepare and adopt a General Plan. The General Plan identifies policies and programs addressing the development and redevelopment of land, preservation of parks and open spaces, provision of housing for current and future residents, conservation of natural resources, improvement of the circulation and transportation system, control of noise and protection of life and property from hazards.

The purpose of the APR is to provide local legislative bodies (Planning Commission and City Council) and the public with information regarding the implementation of the General Plan for their city or county, including Housing Element. APRs also inform the public of the progress in meeting the community’s goals. The APR should provide enough information for decision makers to assess how the General Plan was implemented during the 12-month reporting period. More specifically, APRs should explain how land use decisions relate to adopted goals, policies, and implementation measures of the General Plan.

As discussed above, the APR is due to HCD by April 1 of each year. This year’s APR evaluates the status of the implementation programs and housing production for the time period between January 1, 2022 and December 31, 2022.

The attached Table (see Attachment 2) comprises the General Plan APR and provides a brief summary of the status of the General Plan and the implementation programs contained in each General Plan Element. The status of the Housing Element implementation is part of the General Plan Annual Report reported in the table format required by HCD.

Highlights of accomplishments in the implementation of General Plan programs in 2022 are included below with the corresponding references to the General Plan Element Implementation Program:
•Housing Element
oFuture Housing Element Updates – In May of 2022, the City released its draft Housing Element and received comments back from HCD on October

6.1 6.1 Staff Report

55 1
4 1
3, 2022. The letter recommended revisions needed to comply with the State Housing Element Law and the City continues to work on finalizing the 2023- 2031 Housing Element Update. The new Housing Element is expected to be adopted in mid-2023 following the completion of the Environmental Impact Report (EIR). (H-A-1-c)
oPilgrim/Triton Workforce Housing – On July 28, 2022, a total of 22 units received a Temporary Certificate of Occupancy. On August 10, 2022 the City purchased 22 Workforce Housing Units in order to address the needs of first responders, public employees, and teachers in the very low, low, and moderate-income households in order to make it possible for public servants to live near where they work. The waiting list for available units is now closed and as of December 31, 2022, 12 of the 22 units are occupied and staff is working to fill the remaining vacant units. oPost BMR Expiration Rent Agreement – In 2020, the City worked with Essex Properties on an agreement to set aside approximately $800,000 in rental assistance for the tenants at Foster's Landing to extend the affordability of the units for another year and prevent homelessness. This was made possible by a 50/50 split between Essex and the City to cover the difference between the tenant paid rent and market rate rent for the below-market rate tenants at Foster's Landing affected by the expiration of the affordable housing covenants. City Council approved the Post BMR Expiration Rent Agreement on September 18, 2020 and in 2021, the City, in partnership with Essex Properties, provided approximately $454,626.94 in rental subsidies. In 2022, the City staff worked with Housing Industry Foundation (HIF) to provide ten (10) tenants with Emergency Subsidy while they explored relocation options. As of December 31, 2022, a total of nine (9) tenants remain on-site and in the program. The City plans to continue implementing the program for the years 2023 - 2024. (H-C-5-b City Rental Housing Assistance Program).
oCooperation with Other Agencies – On January 14, 2021, the City submitted an application for the San Mateo County Grant of Permanent Local Housing Allocation (PLHA) Funds. The $643,636 grant will be used to assist low-income tenants facing displacement and finding housing based on their specific needs and financial circumstances. The City was awarded the grant to provide the BMR residents of Foster’s Landing with relocation and case management services and rental assistance. On September 1, 2021, the City and the County of San Mateo Department of Housing executed an Agreement to provide funds for the City's Emergency Relocation Assistance and Rent Subsidies Program. In 2022, City staff worked with HIF to provide ten (10) tenants with Emergency Subsidy while they explored relocation options. As of December 31, 2022, a total of nine (9) tenants remain on site and in the program. The City plans to continue implementing the program for the years 2023 - 2024. (H-A-3 and H-C-5-a Rental Housing Assistance)
oPrivate Development of Affordable Housing – Inclusionary Requirement – On March 7, 2022, City Council approved an ordinance to add a new

6.1 6.1 Staff Report

56 1
4 1
Chapter 17.90, Below Market Rate Inclusionary Housing Program to establish objective standards for inclusionary housing; an ordinance to add Chapter 17.92, Affordable Housing Overlay Combining District; an ordinance to amend certain zoning maps to zone certain properties within the AHO Combining District, and; an ordinance to adopt a BMR Housing in-lieu fee. Inclusionary units were included in all new housing developments in the RHNA 5 cycle, including the various phases of Pilgrim Triton and the Alma Point Senior Apartments in Foster Square. oCommunity Outreach – In 2022, the City launched a number of community outreach initiatives. (H-A-3-a Community Outreach). For the Housing Element update, the City engaged in extensive community outreach, including the following:
▪Community engagement website: In February 2022, the City launched an updated community engagement website, including a combination of tools from Bang The Table and MapSocial, to provide opportunities for community engagement and feedback on the Housing Element Update.
▪A Housing Preferences and Priorities survey was promoted by the City and available on the City’s website from February 23, 2022, until March 28, 2022.
▪Numerous Joint City Council and Planning Commission Study Sessions were held, including March 2, 2022, April 21, 2022, May 17, 2022 and November 15, 2022, on Housing Element Update. oHousing Unit Production – The City issued building permits for four (4) ADUs (Accessory Dwelling Units) and one (1) single family residence in 2022. As of June 30, 2022, 832 new housing units were completed, including 89 very low-income (60% of RHNA), 50 low-income (57% of RHNA), 14 moderate (18% of RHNA) and 679 above-moderate units. (H- A-1-a Annual Tracking of Housing Activity & H-A-1-b Construction of New Units)
•Land Use & Circulation Element
In 2022, the City launched a number of initiatives to address land use & circulation including:
oSystem Monitoring – In April 2022, the construction of the permanent implementation of the TRPP (Dynamic Signage for Traffic Relief Pilot Program -CIP 301-694) was completed. (LUC-F-1-a Intelligent Transportation Systems)
oPeriodic Monitoring of Land Uses Throughout the City – In 2022, the Planning Commission approved a restaurant/retail pavilion at 1065 East Hillsdale Blvd. Furthermore, in 2022, three Use Permits (UP2021-0015 for Century Plaza, UP2021-0023 for 388 Vintage Park Drive, and UP2021- 0036 for Parkside Towers) were approved for Research & Development (R&D) uses. Parkside Towers and Century Plaza projects are potential future conversions with the flexibility to maintain office space. The project at 388 Vintage Park Drive is for the removal of retail to allow for R&D use.

6.1 6.1 Staff Report

57 1
4 1
Planning Commission recommended approval to City Council of the Gilead Master Campus program for the reallocation of 250,000 square feet of office to lab space within their campus. (LUC-C-12-a)
oGreen Building Guidelines and Incentives – On October 3, 2022 the City Council adopted Resolution 2022-119 and approved an agreement with Integrated Design 360 to provide outreach to public and stakeholders to develop Reach Codes. The City of Foster City also continues to offer residents who install solar photovoltaic technology (solar PV) a $ 1,000 rebate on qualifying systems. In 2022, nine (9) households qualified and received this rebate incentive. From 2016 through 2022, a total of 89 rebate applications were completed and granted. (LUC-H-1-a)
oClimate Action Plan – In 2022, the City hired consultants to conduct “whole community” outreach in support of an update to the Climate Action Plan. The City also reinstated a ten-member Citizens Sustainability Advisory Committee to support the climate action planning process and long-term implementation. (LUC-H-2-a)
oParks Facilities Plan – The City Council approved a contract with Group 4 Architecture to help lead the effort to rebuild the Foster City Recreation Center. A Planning Commissioner was selected for the Joint Parks and Recreation/Planning Commission Committee and full design discussion will begin the first quarter of 2023. (LUC-L-5-a).
oWastewater Systems Improvement – Foster City is working with the City of San Mateo to construct improvements at the jointly owned wastewater treatment plant (WWTP). Startup and commissioning of new treatment facilities are targeted to be completed by fall 2023, followed by the retrofit of existing facilities and commissioning of the integrated WWTP by fall 2024. (LUC-L-13-a).
•Parks and Open Space Element
oSpecial Events – In 2022, Summer Days returned for a three-day festival featuring carnival rides, music, food trucks, and a car show. (PC-y). oParks Facilities Plan and Improve Facilities – On November 21, 2022, marking a major step forward for a key project, the City Council unanimously approved an agreement with Group 4 Architecture to help lead the effort to rebuild the Foster City Recreation Center. Under terms of the consultant agreement, Group 4 will oversee efforts such as project management, community outreach, conceptual design refinement, design development documents, use permit and construction documents, furniture and equipment selection, signage design, bidding and construction support, and record documents. (LUC-L-5-a & PC-d).
•Conservation Element
oLagoon Water Quality – In 2021, additional water quality testing was conducted to test bacteria levels in the lagoon and the records were made available in 2022. (C-f).

6.1 6.1 Staff Report

58 1
4 1
•Local Hazard Mitigation Plan & Safety Element
oLocal Hazard Mitigation Plan (LHMP) Update – The City Council adopted an updated LHMP on December 13, 2021. The information in the LHMP will provide a basis for updates to the Safety Element due in 2023 with the Housing Element Update 2023-31.
oLevee Protection Planning and Improvements – The City continues to make progress on the Levee project. Construction is ongoing and is anticipated to be completed in January 2024. The Levee Project is designed to be resilient to the year 2050-2080. (S-A-2-a). oCrime Prevention/Education – In 2022, the Police Department continued to provide a variety of crime prevention programs to educate and involve the community. (S-D-4-a).
▪Social Media - In 2022, social media was used to provide crime alerts, crime prevention tips, traffic information and safety tips to the FC community. Residential and Commercial Crime Prevention Through Environmental Design (CPTED) surveys were conducted. ▪Coffee with a Cop forum was held on May 19, 2022.
▪National Night Out was celebrated August 2, 2022 to build relationships with the Foster City community.
▪Open House was held on October 1, 2022. Scheduled tours of the communication center, booths setup to allow people to try on SWAT gear, and officers allowing members of the public to sit in patrol vehicles or on motorcycles were provided at the Open House in order to promote transparency and provide information to the public regarding different functions of the Police Department. ▪In 2022, Drake, the Service Dog, attended 64 events where he provided a comforting and calming presence to people in need, greeted citizens, and strengthened bonds, relationships, and trust.

Regional Housing Needs Allocation (RHNA) Progress
Legislation, such as Senate Bill 35 (SB 35), Assembly Bill 73 (AB 73), and Senate Bill 570 (SB 570) adopted in 2017, has provided penalties and incentives related to making progress toward meeting RHNA for the 2015-2023 Planning Period. HCD released a report on June 18, 2022 the SB 35 Statewide Determination Summary, showing that Foster City was one of 38 jurisdictions in the state that have met their prorated RHNA numbers for the latest reporting period and latest APR (2021). 1 The SB 35 Summary report also states that all other cities and counties are not on track to meet their housing needs. Those jurisdictions will now lose the ability to reject certain types of development projects under SB 35. Cities and counties are subject to SB 35 streamlining when they fall behind on submitting APRs and/or in meeting less than the prorated portion of their RHNA. A total of 263 jurisdictions are subject to the streamlined ministerial approval process for proposed developments with at least 10% affordability and another 238 jurisdictions are subject to this process when proposed developments 1 https://www.hcd.ca.gov/sites/default/files/2022-06/sb35_statewidedeterminationsummary.pdf

6.1 6.1 Staff Report

59 1
4 1
have at least 50% affordability. The progress is prorated and recalculated each year until the mid-point of the Housing Element Reporting Period, and then recalculated again at the end of the Period. The first half of the Reporting Period for SB35 for ABAG ended with the 2018 report. The review process will start again with the next Housing Element Cycle that will cover 2023-2031.

Assembly Bill (AB) 1743 Compliance:

AB 1743 requires local planning agencies to include in their APR whether housing development applications are subject to a ministerial or discretionary approval process.

Therefore, the following reporting only pertains to development applications that result in new units and not applications that are remodeling of existing homes or additions to existing homes.

In 2022, three (3) housing development applications were received that would result in new units. One of the three (3) projects required discretionary action for a proposed 420 units and the other two (2) were ministerial (ADUs). Additionally, there were three (3) building permits that were applied for in 2021 but finalized and approved in 2022. More detailed information pertaining to Building permit issuance is available in Table A2 of Attachment 3.

AB 2094 Compliance:

AB 2094 requires local planning agencies to include in their APR its progress toward meeting its share of regional housing needs for extremely low-income households. It also requires reporting associated with the Affordable Housing and High Roads Jobs Act of 2022 (AB 2011), including: (1) the location of the project; (2) the status of the project; (3) total number of units of the project; (4) number of units in the project that are rental housing; (5) number of units in the project that are for-sale housing; and (6) household income category of the units. It also requires data from all approved projects to receive a density bonus from a local agency.

A summary of housing development permits issued showing progress toward meeting the RHNA is shown below. Table 1, Planning Period Permits Issued by Affordability for RHNA 2015-2023 reports on how many permits were issued each year. Table 2, Units Completed as of June 30, 2022 for RHNA 2015-2023 reports RHNA progress of all permits completed (built and occupied) by affordability in all cycles pertaining to the 2015- 2023 Housing Element. The difference in the numbers provided in the two tables below (about 70 units) is a result of units that have been approved but not yet occupied until 2023. Furthermore, the City did not receive any density bonus for any housing development in 2022.

6.1 6.1 Staff Report

60 1
4 1
See attached Table A2 of Attachment 3 for more detailed information.

Table 1. Planning Period Permits Issued by Affordability for RHNA 2015-2023 Table 2. Units Completed as of June 30, 2022 for RHNA 2015-2023 Income Level RHNA
Units Completed
as of 6/30/2022 % RHNA Met
Very Low 148 89 60%
Low 87 50 57%
Moderate 76 14 18%
Above Moderate 119 679 571%
Total 430 832 193%
Housing Element Program Implementation
The Housing Element includes several programs to ensure that adequate housing sites are available during the 2015-2023 planning period to make it possible to produce the number and type of housing units in the RHNA. Please refer to Table D in Attachment 3 for Housing Element - Program Implementation Status. These programs were part of the package that was the basis for certification of the Housing Element by HCD. One of the key programs is the application of an Affordable Housing Overlay (AHO) Combining District (H-D-2-b Affordable Housing Overlay Combining District, H-D-2-c Rezoning with Affordable Housing Overlay District, H-D-2-d Design Criteria for Affordable Housing Overlay District) on several existing apartment developments. This would enable sites currently zoned and used for apartments to choose an alternative inclusionary (below Year
2 Year
3 Year
4 Year
5 Year
6 Year
7 Year
8Income Level RHNA Year 1
2014-15
2016 2017 2018 2019 2020 2021 2022
Total
Units to
Date
Very Low 148 83 1 2 4 3 3 96
Low 87 49 2 1 52
Moderate 76 14 0 14
Above
Moderate 119 563 74 20 28 42 13 740
Total 430 709 74 1 0 22 34 45 17 902

6.1 6.1 Staff Report

61 1
4 1
market rate) requirement to provide units at lower income levels in exchange for a reduced overall inclusionary percentage.

The Housing Element requires cities to update their Housing Element to be consistent with State requirements (H-A-1c Future Housing Element Updates). In 2022, the City Council and Planning Commission held multiple joint special meetings on Housing and Housing Element 2023-2031 (GP2020-0002). Additionally, in 2022, the draft Housing Element was released for public review from May 4, 2022 through June 3, 2022. A revised Draft Housing Element was submitted HCD on July 5, 2022 for a 90-day review period. The City received a comment letter from HCD on October 3, 2022 has addressed the comments as applicable. On December 1, 2022, Planning Commission held a Regular Public Meeting and adopted multiple resolutions recommending that City Council approve the text amendments and map amendments related to the Housing Element. City staff worked on the revised Draft Housing Element update in response to HCD review/comment letter and posted a revised document for public review on February 7, 2023. The Housing Element Update 2023-2031 is expected to be adopted in mid-2023 following the completion of the EIR.

CEQA
CEQA Guidelines Section 15061(b)(3), Review of Exemption, Activity covered by common sense exemption that action would not result in potential for causing a significant effect on the environment.

FISCAL IMPACT
There is no fiscal impact associated with approving the General Plan and Housing Element APR.

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

Attachment 1 – Planning Commission Resolution No. P-01-23 Attachment 2 – Table of General Plan Programs - General Plan Annual Report for 2022 Attachment 3 – Tables A2, B, D, & H of APR Reporting

6.1 6.1 Staff Report

62 RESOLUTION NO. P- 01 -23

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

RECOMMENDING CITY COUNCIL ACCEPTANCE OF THE GENERAL PLAN ANNUAL PROGRESS REPORT FOR 2022

CITY OF FOSTER CITY

WHEREAS, California Government Code Section 65400 requires that after the legislative body has adopted all or part of a General Plan, the planning agency shall review an annual report on the status of the General Plan progress and it s implementation and provide the annual progress report to the legislative body; and

WHEREAS, the City has made significant progress in implementing the programs contained in the City’s General Plan, including the following significant accomplishments in 2022:

 Housing Element
 Future Housing Element Updates – In May of 2022, the City released its draft Housing Element and received comments back from HCD on October 3, 2022.

The letter recommends revisions needed to comply with the State Housing Element Law and the City continues to work on finalizing the 20 23-2031 Housing Element Update. The new Housing Element is expected to be adopted in mid-2023 following the completion of the Environmental Impact Report (EIR). (H-A-1-c)
 Pilgrim/Triton Workforce Housing – On July 28, 2022, a total of 22 units received a Temporary Certificate of Occupancy. On August 10, 20 22 the City purchased 22 Workforce Housing Units in order to address the ne eds of first responders, public employees, and teachers in the very low, low , and moderate-income households in order to make it possible for public servants to live near where they work. The waiting list for available units are now closed and as of December 31, 2023, 12 of the 22 units are occupied.  Post BMR Expiration Rent Agreement – In 2020, the City worked with Essex Properties on an agreement to set aside approximately $800,000 in rental assistance for the tenants at Foster's Landing to extend the af fordability of the units for another year and prevent homelessness. This was made possible by a 50/50 split between Essex and the City to cover the differenc e between the tenant paid rent and market rate rent for the below-market rate tenants at Foster's Landing affected by the expiration of the affordable housing covenants.

City Council approved the Post BMR Expiration Rent Agreement on September 18, 2020 and in 2021, the City, in partnership with Essex Prope rties, provided approximately $454,626.94 in rental subsidies. In 2022, the City staff worked with Housing Industry Foundation (HIF) to provide ten (10) tena nts with Emergency Subsidy while they explored relocation options. As of December 31, 2022, a total of nine (9) tenants remain on-site and in the program. The City plans to continue implementing the program for the years 2023 - 2024. (H-C-5- b City Rental Assistance Program).
 Cooperation with Other Agencies – On January 14, 2021, the City submitted an application for the San Mateo County Grant of Permanent Loca l Housing Allocation (PLHA) Funds. The $643,636 grant will be used to assist low-income DocuSign Envelope ID: E70FD0FA-C4DC-477F-9BB7-D46E4D014FD9

6.1 Attachment 1 - Planning Commission Resolution No. P-01-23

63 Resolution No. P- 01 -23

tenants facing displacement and finding housing based on their specific needs and financial circumstances. The City was awarded the grant to provide the BMR residents of Foster’s Landing with relocation and case mana gement services and rental assistance. On September 1, 2021, the City and the County of San Mateo Department of Housing executed an Agreement to provide funds for the City's Emergency Relocation Assistance and Rent Subsidi es Program.

In 2022, the City staff worked with HIF to provide ten (10) ten ants with Emergency Subsidy while they explored relocation options. As of December 31, 2022, a total of nine (9) tenants remain on site and in the program. The City plans to continue implementing the program for the years 2023 - 2024. (H-A-3 and H-C-5-a)
 Private Development of Affordable Housing – Inclusionary Requir ement – On March 7, 2022, City Council approved an ordinance to add a new Chapter

17.90, Below Market Rate Inclusionary Housing Program to establish objective standards for inclusionary housing; an ordinance to add Chapter 17.92, Affordable Housing Overlay Combining District; an ordinance to amend certain zoning maps to zone certain properties within the AHO Combining District, and; an ordinance to adopt a BMR Housing in-lieu fee. Inclusionary units were included in all new housing developments in the RHNA 5 cycle, i ncluding the various phases of Pilgrim Triton and the Alma Point Senior Apar tments in Foster Square.
 Community Outreach – In 2022, the City launched a number of community outreach initiatives. (H-A-3-a Community Outreach). For the Hou sing Element update, the City engaged in extensive community outreach, inclu ding the following:
• Community engagement website: In February 2022, the City laun ched an updated community engagement website, including a combinatio n of tools from Bang The Table and MapSocial, to provide opportun ities for community engagement and feedback on the Housing Element Update.
• A Housing Preferences and Priorities survey was publicized by the City and available on the City’s website from February 23, 2022, until March 28, 2022.
• Numerous Joint City Council and Planning Commission Study Ses sions were held, including March 2, 2022, April 21, 2022, May 17, 202 2 and November 15, 2022, on Housing Element Update.
 Housing unit production – The City issued building permits for four (4) ADUs (accessory dwelling units) and one (1) single family residence in 2022. As of June 30, 2022, 832 new housing units were completed, including 89 very low- income (60% of RHNA), 50 low-income (57% of RHNA), 14 moderate (18% of RHNA) and 679 above-moderate units. (H-A-1-a Annual Tracking of Housing Activity & H-A-1-b Construction of New Units).
 Land Use & Circulation Element
In 2022, the City launched a number of initiatives to address land use & circulation.  System Monitoring – In April 2022, the construction of the permanent DocuSign Envelope ID: E70FD0FA-C4DC-477F-9BB7-D46E4D014FD9

6.1 Attachment 1 - Planning Commission Resolution No. P-01-23

64 Resolution No. P- 01 -23

implementation of the TRPP (Dynamic Signage for Traffic Relief Pilot Program – CIP 301-694) was completed. (LUC-F-1-a)
 Periodic Monitoring of Land Uses Throughout the City In 2022, the Planning Commission approved a restaurant/retail pavilion at 1065 East H illsdale.

Furthermore, in 2023, three Use Permits (UP2021-0015 for Centur y Plaza, UP2021-0023 for 388 Vintage Park Drive, and UP2021-0036 for Par kside Towers) were approved for Research & Development (R&D) uses. Pa rkside Towers and Century Plaza projects are potential future conversi ons with the flexibility to maintain office space. The project at 388 Vintag e Park Drive is for the removal of retail to allow for R&D use. Planning Commission recommended approval to City Council of the Gilead Master Campus program fo r the reallocation of 250,000 square feet of office to lab space with in their campus. (LUC-C-12-a)
 Green Building Guidelines and Incentives – On October 3, 2022 the City Council passed Resolution 2022-119, entering into contract with Integrated Design 360 to provide outreach to public and stakeholders to de velop Reach Codes. The City of Foster City also continues to offer residents who install solar photovoltaic technology (solar PV) a $ 1,000 rebate on qualifyi ng systems. In 2022, nine (9) households qualified and received this rebate in centive. From 2016 through 2022, a total of 89 rebate applications were compl eted and granted. (LUC-H-1-a)
 Climate Action Plan – In 2022, the City hired consultants to conduct “whole community” outreach in support of an update to the Climate Acti on Plan. The City also reinstated a permanent ten-member Citizens Sustainabi lity Advisory Committee to support the climate action planning process and lo ng-term implementation. (LUC-H-2-a)
 Parks Facilities Plan – The City Council approved a contract with Group 4 Architecture to help lead the effort to rebuild the Foster City Recreation Center.

A Planning Commissioner was selected for the Joint Parks and Recreation/Planning Commission Committee and full design discus sion will begin the first quarter of 2023. (LUC-L-5-a)
 Wastewater Systems Improvement – Foster City is working with the City of San Mateo to construct improvements at the jointly owned wastew ater treatment plant (WWTP). Startup and commissioning of new treatment facilities are targeted to be completed by fall 2023, followed by the retr ofit of existing facilities and commissioning of the integrated WWTP by fall 202 4. (LUC-L-13- a).
 Parks and Open Space Element
 Special Events – In 2022, Summer Days returned for a three-day festival featuring carnival rides, music, food trucks, and a car show. (PC-y).  Parks Facilities Plan and Improve Facilities – On November 21, 2022, marking a major step forward for a key project, the City Counci l unanimously approved hiring Group 4 Architecture to help lead the effort to rebuild the Foster City Recreation Center. Under terms of the consultant agreement, Group 4 will oversee efforts such as project management, community outreach, conceptual DocuSign Envelope ID: E70FD0FA-C4DC-477F-9BB7-D46E4D014FD9

6.1 Attachment 1 - Planning Commission Resolution No. P-01-23

65 Resolution No. P- 01 -23

design refinement, design development documents, use permit and construction documents, furniture and equipment selection, sign age design, bidding and construction support, and record documents. (LUC-L-5-a & PC-d)

 Conservation Element
 Lagoon Water Quality – In 2021, additional water quality testing was conducted due to the geese creating high bacteria levels and the records were made available in 2022. (C-f).
 Local Hazard Mitigation Plan & Safety Element
 Local Hazard Mitigation Plan (LHMP) Update – The City Council adopted an updated LHMP on December 13, 2021. The information in the LHMP will provide a basis for updates to the Safety Element due in 2023 with the Housing Element Update 2023-31.
 Levee Protection Planning and Improvements – In July 2020, the City awarded a contract for construction to Shimmick Construction. Construction is ongoing and is anticipated to be completed in January 2024. The Levee Project is designed to be resilient to the year 2050-2080. (S-A-2-a)  Crime Prevention/Education – In 2022, the Police Department continued to provide a variety of crime prevention programs to educate and i nvolve the community. (S-D-4-a).
• Social Media – In 2022, social media was used to provide crime alerts, crime prevention tips, traffic information and safety t ips to the FC community. Residential and Commercial Crime Prevention Through Environmental Design (CPTED) surveys were conducted. • Coffee with a Cop forum was held on May 19, 2022.
• National Night Out was celebrated August 2, 2022 to build relationships with the Foster City community.
• Open House was held on October 1, 2022. Scheduled tours of the communication center, booths setup to allow people to try on SW AT gear, and officers allowing members of the public to sit in a p atrol vehicles/motorcycles are provided at the Open House in order to give transparent information to the public regarding different funct ions of the Police Department.
• In 2022, Drake, the Service Dog, attended 64 events where he provided a comforting and calming presence to people in need, greeted citizens, and strengthened bonds, relationships, and trust.  AB 1743 and AB 2094 Reporting
 In 2022, three (3) housing development applications were recei ved that would result in new units. One of the three (3) projects required dis cretionary action for a proposed 420 units and the other two (2) were ministerial (ADUs).

Additionally, there are three (3) additional building permits t hat were applied for in 2021 but finalized and approved in 2022. Pursuant to AB 2094, the City approved three (3) units at very low income level, one (1) unit at low income level, and 13 units at above moderate level.

DocuSign Envelope ID: E70FD0FA-C4DC-477F-9BB7-D46E4D014FD9

6.1 Attachment 1 - Planning Commission Resolution No. P-01-23

66 Resolution No. P- 01 -23

WHEREAS, the Planning Commission considered and reviewed the Ge neral Plan Annual Progress Report at the Planning Commission Regular Meeting on February 16, 2023.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Foster City, has reviewed and investigated the General Plan Ann ual Progress Report in conformance with Government Code § 65400(a) and based on facts and analysis in the Staff Report, written and oral testimony, and exhibits presented reco mmends that the City Council accept the Annual Progress Report on the General Plan for 2022 as attached hereto.

PASSED AND ADOPTED as a Resolutio n of the City of Foster City P lanning Commission at the Regular Meeting thereof held on February 16, 2023 by the following vote:

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

ABSENT, COMMISSIONERS:

ABSTAIN, COMMISSIONERS:
_____________________
EVAN A. ADAMS, CHAIR
ATTEST:
____________________________

SOFIA MANGALAM, SECRETARY

DocuSign Envelope ID: E70FD0FA-C4DC-477F-9BB7-D46E4D014FD9

6.1 Attachment 1 - Planning Commission Resolution No. P-01-23

67 GE
NERAL PLAN ANNUAL REPORT – 2022
I
ntroduction
G
eneral Plan Elements State law requires all cities and counties in California to adopt a General Plan, comprised at minimum of seven mandated “Elements,” that addresses physical development within its jurisdiction.

The t
able below shows the State-mandate elements and their counterparts in the Foster City General Plan.

State-Mandated Elements Corresponding Foster City General Plan Elements
Last Updated
Land Use
Cir
culation
Land Use and Circulation Element Full adoption in February 1, 2016.

U
pdated some policies to be consistent with
National Pollutant Discharge Elimination
System (NPDES) Permit related to green
infrastructure on September 3, 2019.

Housing Housing February 2, 2015.

C
urrently being updated and anticipating
adoption in 2023.

Open Space Parks and Open Space September 2009.

Conservation Conservation Full adoption in September 2009.

U
pdated some policies to be consistent with
National Pollutant Discharge Elimination
System (NPDES) Permit related to green
infrastructure on September 3, 2019.

Safety Local Hazard Mitigation Plan (LHMP) and
Safety Element Update
LHMP on December 13, 2021.

Safety Element is currently being updated and
will be completed in 2023.

Noise Noise May 1993.

General Plan Implementation
The Annual Progress Report was presented to the Planning Commission on February 16, 2023 and City Council on March 20, 2023. Planning Department staff worked with other City departments in assessing the programs of the different Elements of the General Plan and prepared the General Plan Annual Progress Report. The table below includes measures associated with the implementation of the General Plan with specific reference to individual elements of the General Plan:

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

68 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT CHAPTER 3: LAND USE AND CIRCULATION ELEMENT-ADOPTED FEBRUARY 1, 2016 LUC-A-3-a
Continue Code Enforcement Program. The City will continue its code enforcement program to ensure that residential, commercial and industrial properties are maintained. This responsibility will include, but not be limited to, periodic spot checks of property throughout the City and follow-up investigation of property maintenance complaints.

Property maintenance standards shall be enforced, including weed abatement, painting/staining of buildings, trash and debris removal from yards, and planting and maintenance of landscaping.

Responsibility: Community Development Department.

Timeframe: Current and ongoing.

The City initiated the “See-Click-Fix”
program in 2016 to more efficiently
handle complaints and enforcement.

Code enforcement of property
maintenance standards is an ongoing
responsibility of the Community
Development Department.

In 2022, See-Click-Fix handled 907
cases.

Promotion of See-Click-Fix and other
communications were expanded
through:
● E
xpanded City’s presence on
v
arious social media platforms,
such as NextDoor, Facebook,
Twitter, Instagram, and Youtube
● Monthly e-newsletters with
updat
es on City events, activities
and projects as well as local
business community news to
approximately 9,260 subscribers
CDD
LUC-B-3-a
Periodic Review of Architectural Review Guidelines and
Procedures. The City will review its architectural review guidelines and procedures which direct the public and decision-makers.

Responsibility: Planning and Code Enforcement Division and Planning Commission.

Timeframe: Current and Ongoing
A Planning Commission Study Session
was completed in August 2022 to
introduce some recent proposals that
staff has received as it relates to exterior
changes to existing single-family homes
with architectural styles not traditionally
seen in the City and to initiate discussion
on potential citywide effort to update the
CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

69 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT City’s existing Architectural and Solar
Guidelines.

Efforts to begin a full comprehensive
review and update is ongoing.

LUC-C-8-a
City-Owned and Controlled Lands. The City will study and adopt a policy resolution guiding the use of City-owned or controlled lands.

Such land will be retained by the City until a plan for its beneficial use can be prepared. Such policy will be consistent with the requirements of the State Surplus Land Act, which governs the disposition of surplus land owned by a local agency.

Responsibility: City Manager’s Department, Planning and Code Enforcement Division and City Council.

Timeframe: Upon completion of the Land Use and Circulation Element Update.

A Surplus Land Policy was adopted in
early 2017. In 2019, the State legislature
adopted AB 1486 which amended the
Surplus Land Act to include additional
procedures and requirements for the
disposition of surplus land owned by a
local agency.

In 2021, the City Council held Study
Sessions to discuss long range planning,
land uses and certain land use
opportunity sites such as the Golf
Course Site.

No follow up actions were completed in
2022.

CDD-CM
LUC-C-12-a
Periodic Monitoring of Land Uses Throughout the City. Periodically monitor land uses throughout the City to determine when changes in land use may be appropriate, actual land use practices, economic practicality of maintaining current land uses and level of property maintenance. Specific future actions might include:
a. Revitalization of older neighborhood retail centers. b. Changes in land use designations and zoning where necessary to respond to changes in economic conditions and/or City needs. c. Meeting with property owners to discuss possible redevelopment opportunities and constraints, especially in the Chess Drive/Hatch Drive area and along the northeast side of Foster City Boulevard.

On May 5, 2022, the Planning
Commission approved Use Permit to
allow an approximately 5,200 square feet
stand-alone outdoor pavilion structure
featuring restaurant/retail tenant spaces,
outdoor seatings, restrooms, and
reducing parking spaces to 332 at the
Century Plaza site located at 1065 East
Hillsdale Boulevard (UP2021-0015).

On September 19, 2022, City Council
approved an appeal to allow for the
removal of an approximately 11,000
square feet restaurant use building and
CDD-CM

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

70 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Responsibility: Planning and Code Enforcement Division and Planning Commission.

Timeframe: Current and ongoing.
construct a 124,395 square feet, four
story, Research and Development (R&D)
building at the former El Torito
Restaurant located at 388 Vintage Park
Drive (EA2021-0001, RZ2021-0003,
UP2021-0023).

On November 3, 2022, Planning
Commission approved a Use Permit to
allow up to 373,646 square feet (SF) of
Research and Development (R&D)
and/or office uses on floors four (4)
through eight (8) at the existing building,
subject to Conditions Of Approval,
located at 1001 and 1051 East Hillsdale
Boulevard (UP2021-0036). On
December 5, 2022, City Council
approved a resolution for the Land Use
and Circulation Element Text
Amendment to the “Town Center
Commercial” Land Use Category to allow
Research and Development (R&D) uses
(GP2021-0003) and amendment to the
General Plan Development (GDP)for the

5.99-acre parcel known as Parkside
Towers at 1001 and 1051 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 (RZ2021-0005).

On October 20, 2022, Planning
Commission held a Study Session on the

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

71 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT application for a General Development
Plan (GDP) amendment to add R&D use
to the Century Plaza site at 1065 East
Hillsdale Boulevard. On December 15,
2022, Planning Commission approved
the Use Permit to /Use Permit
Modification to allow up to approximately
87,000 square feet (SF) of Research and
Development (R&D) and/or office uses
on floors one (1) through four (4) at the
existing building, subject to Conditions
Of Approval, located at 1065 East
Hillsdale Boulevard as well as
modification to the parking area to
remove five additional parking spaces,
resulting in 327 parking spaces
(UP2021-0043). At the same meeting,
Planning Commission approved,
conditionally, an amendment to the
Foster City Zoning Map to modify the
previously approved General
Development Plan (GDP) for the 5.135-
acre parcel known as 1065 East
Hillsdale Boulevard at the northwest
corner of Foster City Boulevard and East
Hillsdale Boulevard in the C-2/PD
(General Business/Planned
Development Combining) District with an
amended GDP to allow R&D Uses
(RZ2021-0006).

On December 15, 2022, Planning
Commission approved to recommend to
the City Council to approve the
Addendum No. 5 to the Gilead Sciences

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

72 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Integrated Corporate Campus Master
Plan Final Subsequent Environmental
Impact Report (FSEIR) adequately
analyzes the environmental impacts
associated with the proposed
amendment to the Vintage Park GDP
and City Council to approve of an
amendment to the Vintage Park GDP to
reallocate the previously approved
250,000 SF of office allocation within the
South Campus of the Gilead Master Plan
to laboratory square footage and include
the previously approved temporary
Gilead Park into a permanent use
(EA2022-0001 and RZ2022-0001). This
GDP amendment is expected to be
approved in January 2023.

The City supported local businesses
during the COVID-19 Pandemic
through economic assistance grants,
fund support local initiatives, and
temporarily suspended Code
Enforcement actions and permitting
to allow for outdoor dining and
services.

LUC-C-13-a
Review Chapter 17.68. Review and amend as necessary the provisions of Chapter 17.68, General Performance Standards, of Title 17, Zoning, of the Foster City Municipal Code.

Responsible Parties: Community Development Department Staff; Planning Commission; City Council
No changes in 2022. CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

73 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Time Frame: Immediately after adoption of amended Land Use and Circulation Element
LUC-D-7-a
Amend Chess Drive/Hatch Drive Use Lists. Review, amend or replace the M-1 (Light Industrial) District of Title 17, Zoning, of the Foster City Municipal Code, as it applies to APNs 094-010-100, -500, - 510 to the Chess Drive/Hatch Drive Commercial – Industrial Area in order to allow a broader array of businesses/land uses than is currently allowed.

Responsible Parties: Community Development Department Staff; Planning Commission; City Council
Time Frame: Immediately after adoption of amended Land Use and Circulation Element
The use list for these parcels were
approved as part of the Chess-Hatch
Offices Use Permit on April 17, 2014.

CDD
LUC-D-10-a
Amendment of M-1 (Light Industrial) Zoning. Based on the study of existing and anticipated uses in the M-1 (Light Industrial) Zoning District, the City will amend the District to allow some commercial, office, and retail uses in addition to light industrial uses. Standards for ensuring compatibility of uses will be adopted by the City at the same time.

Responsibility: Planning and Code Enforcement Division, Planning Commission and City Council.

Timeframe: Begin amendment process after adoption of the Land Use and Circulation Element.

No changes in 2022. CDD
LUC-E-2-a
Plan Consultation and Consistency. Maintenance, planning, and design of projects affecting the transportation system shall be consistent with local bicycle, pedestrian, transit, and multimodal plans, the Green Infrastructure Plan, and other relevant plans, except that where such consistency cannot be achieved without negative consequences, consistency shall not be required if the head of the relevant department provides written approval explaining the basis of such deviation.

Ongoing. All City projects proposed in
the Capital Improvement Program each
Fiscal Year are developed consistent
with the General Plan and also reviewed
by the Planning Commission for
consistency.

PW
CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

74 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT

Responsibility: Community Development Department and Public Works Department
Timeframe: Current and Ongoing
LUC-E-2-b
Street Network/Connectivity. As feasible, Foster City shall incorporate Complete Streets and Green Streets infrastructure into existing streets to improve the safety and convenience of users and to create employment, with the particular goal of creating a connected network of facilities accommodating each category of users, and increasing connectivity across jurisdictional boundaries and for existing and anticipated future areas of travel origination or destination.

Ongoing. All City and development
projects incorporate, where feasible,
Complete Streets infrastructure.

Council approved installation of sharrows
on Class III bike routes to be installed as
streets have pavement rehabilitation.

PW
CDD
LUC-E-2-c
Bicycle and Pedestrian Advisory Consultation. Transportation projects shall be reviewed by the Traffic Review Committee early in the planning and design stage, to provide comments and recommendations regarding Complete Streets features to be incorporated into the project.

Responsibility: Community Development Department and Public Works Department
Timeframe: Current and Ongoing
Ongoing. Traffic related items (traffic
improvement requests, relevant CIP
projects, etc.) are taken to the Traffic
Review Committee for recommendation
to the City Council prior to approval.

On February 9, 2021, the City Council
approved the installation of a temporary
Class II Bikeway along Edgewater
Boulevard between Beach Park Blvd.
and Baffin Street to provide another
alternative route for cyclists while the
Levee Improvement Project is under
construction. The temporary Class II
Bikeway was installed in March 2021
and will be considered for permanent
installment at the completion of the
Levee Project anticipated in January
2024.

PW
CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

75 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT LUC-E-2-d
Evaluation. All relevant agencies or departments shall perform evaluations of how well the streets and transportation network of Foster City are serving each category of users and integrating Green Streets design by collecting baseline data and collecting follow-up data on a regular basis.

The Metropolitan Transportation
Commission’s Pavement Management
Technical Assistance Program (P-TAP)
provides the City with various resources
to understand its pavement condition.

Through P-TAP, pavement consultants
are hired to inspect City streets and
update the PMP database every two to
three years. The program helps
determine the most cost-effective
treatment to extend the life of the
roadways. Staff applied for a PTAP
grant in November 2022 for the FY23-24.

PW
CDD
LUC-E-2-e
Leadership Approval for Exemptions. Projects that seek Complete Streets and/or Green Streets exemptions must provide written finding of why accommodations for all modes that were not included in the project and signed off by the Public Works Director or equivalent high level staff person. Projects that are granted exceptions must be made publically available for review. Federal guidance on exceptions can be found from the Federal Highway Administration (FHWA)
Accommodating Bicycle and Pedestrian Travel
http://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/desi gn_guidance/design.cfm

No requests for exemption from
Complete Streets requirements were
received in 2022.

PW
CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

76 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT LUC-E-7-a
Transit System Infrastructure. The City will work with transit providers to facilitate the maintenance and upgrade of the transit system infrastructure to enhance public use, including:
a. Transit stops and bus lanes that are safe, convenient, clean and efficient;
b. Accessible transit stops that have clearly marked street-level designation;
c. Transit stops that are safe, sheltered, clean, and well lit; d. Transit stops that are located along corridors within mixed-use or transit-oriented development areas.
e. Use of Green Infrastructure and Green Streets features where applicable.

Responsibility: Community Development Department and Public Works Department
Timeframe: Current and Ongoing
No changes in 2022. Review of transit
system infrastructure is done
concurrently with development review.

PW
CDD
LUC-E-7-b
Public Transit Information. The City will provide information regarding public transit at City Hall, the Recreation Center, the City’s web site, and other locations to promote the use of public transit.

Responsibility: City Manager’s Office
Timeframe: Current and Ongoing
Public transit information is provided at
City buildings and on the City’s website.

CDD
LUC-E-7-b

Designation of New Bus Routes. The City will work with transit providers to designate new bus routes, provide curbside space for bus stops, and require major commercial/industrial developments along bus routes to accommodate buses in their circulation plans.

As part of Reimagine SamTrans, a
planning and outreach project to
redesign the entire SamTrans bus
system. SamTrans Board of Directors
PW
CM

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

77 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Bus turnouts or shelters will also be required to be provided by the development.

Responsibility: City Manager’s Office, Community Development Department and Public Works Department.

Timeframe: Current and ongoing.
adopted the Reimagine SamTrans’s
study recommendations and the
changes will occur over multiple phases
beginning in August 2022. Route FCX
(the Foster City Commuter Express)
continues to run every 30 minutes All
changes to the full routes are
summarized here
https://www.samtrans.com/schedules/tim
etableupdates
SamTrans also began the SamTrans
Bus Stop Improvement Plan (BSIP)
Public Agency Working Group session
to understand each jurisdiction’s process
pertaining to bus shelters improvements.

AC Transit's Line M continues to be
suspended indefinitely and the future
remains uncertain due to funding and
ridership challenges.

CDD
LUC-E-8-a
Bicycle and Pedestrian Access. Make it a condition of approval that new, large-scale developments address transit, biking and walking access to the site.

Responsibility: Community Development Department
Timeframe: Current and Ongoing
Ongoing as a part of development
review.

CDD
LUC-E-8-b
Development Standards for Bicycles. The City will establish standards for new development and redevelopment projects to support bicycle use, including:
a. Develop standards for safe pedestrian and bicyclist
accommodations, including:
i. “Complete Streets” policies that foster equal access by all users in the roadway design;
ii. “Green Streets” policies that serve to treat stormwater and Development of standards are included
in the Bicycle, Pedestrian and
Intersection Evaluation Study prepared
in 2017 and adopted by the City Council
on February 5, 2018.

Ongoing. Council approved installation of
sharrows on Class III bike routes to be
PW
CDD
PD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

78 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT include additional environmental benefits;
iii. Bicycle and pedestrian access internally and in connection to other areas through easements;
iv. Safe access to public transportation and other non-motorized us
es through construction of dedicated paths;
v. Safe road crossings at major intersections.
installed as streets have pavement
rehabilitation.

LUC-E-9-a
Pedestrian and Bicycle Safety. Provide safe and convenient access for pedestrians and bicyclists to, across, and along major roadways. The City shall conduct a study of all intersections in the City from a comprehensive perspective which would consider the needs of pedestrians, bicyclists and motorists. The study will include an examination of potential options to address not only current conditions but also conditions anticipated by future development, including enforcement of traffic laws applicable to pedestrians and bicycles. The City will also prepare a study that reviews highly used intersections by pedestrians that are going to Foster City schools and recreational amenities such as the levee and parks and identify ways to increase pedestrian safety at those intersections.

R
esponsibility: Community Development Department, Public Works Department and Police Department
Timeframe: As appropriate with project design review
Development of a Master Plan for
Bicycle, Pedestrian and Intersections
was prepared in 2017 and adopted by
the City Council on February 5, 2018.

Council approved installation of sharrows
on Class III bike routes to be installed as
streets have pavement rehabilitation.

Ongoing. The City continues to
implement improvements as
recommended from the Study.

As part of the Levee Improvements
Project, a temporary Class II Bikeway
along Beach Park Blvd between Teal
Street and Foster City Boulevard was
installed to provide an alternative route
for cyclists while the Levee
Improvements Project is under
construction through January 2024.

PW
CDD
PD
LUC-E-9-b
Bicycle Route and Pedestrian Path Improvement Program. The City shall conduct a study with the following goals: 1) identify bike routes that may need enhancements that would increase cyclist safety going to schools, parks, shopping center or civic areas; and 2) identify major thoroughfares and any enhancements to those roadways that Development of a Master Plan for
Bicycle, Pedestrian, and Intersection
improvements was prepared in 2017 and
PW
CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

79 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT would allow cyclists to get to the levee and other common destinations safely. The purpose of the bicycle route system is to connect major work, shopping, school, civic, and recreational destinations throughout the City, while avoiding as many of the most heavily used street segments as possible.

Responsibility: Community Development Department, Public Works Department, Parks and Recreation Department, Parks and Recreation Committee, Planning Commission and City Council.

Timeframe: Current and ongoing.
adopted by the City Council on February
5, 2018.

Council approved installation of sharrows
on Class III bike routes to be installed as
streets have pavement rehabilitation.

The City continues to implement
improvements as recommended from the
Study.

PR
LUC-F-1-a
System Monitoring. The City will monitor traffic and congestion to determine when and where the City needs new transportation or circulation facilities in order to increase access and efficiency.

Responsibility: Public Works Department
Timeframe: Current and Ongoing
Ongoing.

Construction of the TRPP (Traffic Relief
Pilot Program – CIP 301-694) was
completed and Notice of Completion
accepted on August 1, 2022.

LUC-F-1-b
Signal Synchronization. The City will review signal timing programs to enhance traffic flow and efficiency and determine where emissions reduction benefits can be demonstrated, including maintenance of the synchronization system, and will coordinate with adjoining jurisdictions as needed to optimize transit operation while maintaining a free flow of traffic.

Responsibility: Public Works Department
Timeframe: Current and Ongoing
Ongoing. PW

LUC-F-1-c
Periodically Monitor Traffic Conditions. The City will periodically monitor traffic conditions on arterial and selected collector streets to determine levels of service and safety conditions. Traffic counts will be updated and visual monitoring performed regularly at all major street intersections to determine levels of service, safety conditions, and if additional traffic control measures are warranted or if changes in the sequence of traffic signal cycles are necessary.

Ongoing.

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

80 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Responsibility: Public Works Department.

Timeframe: Current and ongoing.

LUC-F-1-d
Traffic Calming. Develop guidelines for traffic calming techniques, as needed, including incorporation of Green Infrastructure (including Green Streets features).

Responsibility: Community Development Department and Public Works Department
Timeframe: Upon completion of the Land Use and Circulation Element Update.

Speed survey was updated in December
2016 and the next Speed survey is due
December 2023.

The City has been working in conjunction
with the San Mateo County
Transportation Authority (SMCTA),
City/County Association of Governments
(C/CAG), Caltrans, and the City of San
Mateo on the US 101/SR 92 Interchange
Area Improvement Project (Short-Term
project) and the US-101/SR-92 Direct
Connector (Long-Term project).

Council approved installation of sharrows
on Class III bike routes to be installed as
streets have pavement rehabilitation.

Development of a Master Plan for
Bicycle, Pedestrian, and Intersection
improvements was prepared in 2017 and
adopted by the City Council on February
5, 2018.

The City continues to implement
improvements as recommended from the
Study.

PW
CDD

LUC-F-2-a
Implementation of Traffic Reduction Programs.

As appropriate, require new non-residential developments to include a traffic reduction strategy with a variety of methods to reduce single- occupancy vehicles, provided programs exist.

Transportation Demand Management
programs are required in all new non-
residential developments based on
impacts of projects and as applicable.

CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

81 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Responsibility: City Manager’s Department and Planning and Code Enforcement Division.

Timeframe: Monitor compliance annually.

LUC-F-3-a
Employer Shuttle Fair-Share. Include as a condition of approval that employers shall fund, at a level commensurate with the transit demand, new or expanded employee shuttle services to transit hubs on the Peninsula and, if applicable, in the East Bay.

Responsibility: Community Development Department
Timeframe: Upon adoption of the Land Use and Circulation Element Ongoing as part of development review. CDD
LUC-F-3-b
Vintage Park Transit Service. As areas are redeveloped, the City shall encourage transit providers to re-route bus lines or designate a new bus line to serve employees of this development, as appropriate.

The City has provided some existing curbside areas for bus stops, and new ones shall be provided by the developer as needed. The City shall consult with SamTrans and AC Transit to determine the optimum routes for a new bus line(s).

Responsibility: Community Development Department and Public Works Department.

Timeframe: Prior to completion of Vintage Park.

Gilead Sciences has instituted a robust
Transportation Demand Management
program, including the launch of the
Gilead Commuter Bus Program on
December 1, 2016. Gilead is permitted to
generate up to 2,110 new AM peak hour
trips and up to 2,230 new PM peak hour
trips. In the TDM Annual Report TDM
Monitoring for 2022 from Gilead shows
that the trip observed in 2022 is between
approximately 670-700 AM peak hour
trips and 470-490 PM peak hour trips, ,
well below the maximum that would be
allowed.

CDD
LUC-G-1-a
Parking Requirements. Re-evaluate parking requirements in the Zoning Ordinance to ensure that they are adequate but not excessive, in order to ensure that they do not unnecessarily increase the cost of developments or promote a surplus of parking.

Responsibility: Planning and Code Enforcement Division
In 2020, City staff reviewed an
application for text amendments to the
Municipal Code to allow for greater
flexibility in parking requirements in the
City’s Planned Development combining
district.

CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

82 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Timeframe: Upon completion of the Land Use and Circulation Element Update.

On January 4, 2021, an amendment to
Section 17.36.060, Off-Street Parking
Requirements in a PD District, of Title
17, Zoning, of the Foster City Municipal
Code was adopted by the City Council.

No changes since then.

LUC-G-2-a
Low Emission Vehicles. The City will support and promote the use of low-emission vehicles, by:
a. Encouraging the necessary infrastructure to encourage the use of low-emission vehicles (LEV) and clean alternative fuels, such as development of electric vehicle charging facilities and conveniently located alternative fueling stations;
b. Encouraging new construction to include vehicle access to properly wired outdoor receptacles to accommodate LEV and/or plug in electric hybrids (PHEV);
c. Encouraging transportation fleet standards to achieve the lowest emissions possible.

Responsibility: City Manager’s Office, Community Development Department, Public Works Department, Parks and Recreation Department and other fleet operators
Timeframe: As appropriate with new or modified development.

In December 2019, City Council
approved the establishment of a
Residential Electric Vehicle (EV)
Charging Station Rebate and Incentive
Program. (Note – this program was
never activated by Public Works.

However, since the program is fully
vetted and approved by City Council, it
could be included as a strategy in the
2022 Climate Action Plan Update.)
Private EV charging initiatives have been
included as eligible projects for
Community Benefit funding.

In 2022-24 permits were issued for EV
charging stations – all in private homes.

The City reviews the requirements for all
new vehicles purchased for its own fleet
to determine whether there is an EV or
hybrid option for the type of use needed.

CDD
CM
PW
PARKS

LUC-H-1-a Green Building Guidelines and Incentives. The City will support the use of green building practices by:

In 2015 the City has required LEED
Silver or equivalent standards for
PW

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

83 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT a. Providing information, marketing, training, and technical assistance about green building practices;
b. Considering guidelines for green building practices in residential and commercial development; and
c. Implementing sustainable practices where feasible in public buildings and spaces.

Responsibility: Community Development Department
Timeframe: Upon completion of the Land Use and Circulation Element Update
individual projects, including Gilead
Sciences, Pilgrim Triton Master Plan and
Chess/Hatch Offices.

On October 3, 2022 the City Council
passed Resolution 2022-119 entering
into contract with Integrated Design 360
to provide outreach to public and
stakeholders to develop Reach Codes
for City of Foster City. Timeline for
completion is 3
rd Quarter 2023. On
November 18, 2019 the City Council
adopted the 2019 California Green
Building Standards Code.

On November 18, 2019 the City Council
adopted Appendix M (alternate water
service sizing) of the 2019 California
Plumbing Code.

The City of Foster City continues to offer
residents who install solar photovoltaic
technology (solar PV) a $1,000 rebate on
qualifying systems. In 2022, six
households qualified and received this
rebate incentive. Total from 2016
through 2022 is 89 rebate applications
completed and granted.

The Green Infrastructure (GI) Plan was
adopted by the City Council on August
19, 2019. In addition, CIP projects are
reviewed annually for GI potential.

In 2021, Municipal Code Chapter 15.44
Recycle and Salvaging of Construction
CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

84 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT and Demolition Debris was updated to
address the status of deposits for
permits that expire or are withdrawn.

LUC-H-2-a
Climate Action Plan. The City will prepare, adopt and implement a comprehensive Climate Action Plan (CAP) to achieve its fair share of statewide emissions reductions for the 2020 timeframe consistent with AB32. The CAP will specify the strategies, measures and actions to be taken for each inventory sector (transportation, electricity, solid waste, etc.) to achieve the overall emission reduction target, and include an adaptive management process that can incorporate new technology and respond when goals are not being met.

Responsibility: City Manager’s Office and Community Development Department
Timeframe: Upon completion of the Land Use and Circulation Element Update
In 2020, City Council approved an
agreement with a consultant to update
the City’s Climate Action Plan.

Pivoting from 2020, in 2021 the City
hired new consultants to perform a
Climate Action Plan (CAP) Assessment
to evaluate the effectiveness of the
climate action compared to the technical
performance targets outlined in the 2016
Climate Action Plan and perform an
assessment to evaluate the
effectiveness of the current
organizational strategy for climate action
implementation in a comprehensive
manner.

In 2022, the City hired consultants to
conduct “whole community” outreach in
support of an update to the Climate
Action Plan. The City also reinstated a
permanent ten-member Citizens
Sustainability Advisory Committee to
support the climate action planning
process and long-term implementation.

CDD
CM
LUC-H-2-b
Vehicle Idling. The City will enforce State idling laws for commercial vehicles, including delivery and construction vehicles.

Responsibility: Police Department
Timeframe: Current and Ongoing
Ongoing POLICE

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

85 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT LUC-H-5-a
Tree and Landscape Program. Include requirements for tree and landscape planting in all new developments and redevelopment in design review and landscape guidelines.

Responsibility: Community Development Department
Timeframe: Upon completion of the Land Use and Circulation Element Update
Ongoing during development review. CDD
LUC-I-1-a
Enhance existing retail centers & opportunities. Promote retail opportunities through coordinated sign guidelines and way-finding programs to create a “sense of place” in older shopping centers.

Responsibility: Community Development Department
Timeframe: Upon completion of the Land Use and Circulation Element Sign Guidelines for various shopping
centers have been amended to enhance
retail opportunities, including review of
guidelines for;
Marketplace in 2017-18:

Edgewater Place: 1/15/2015
Marlin Cove: 8/16/01
Parkside Towers: 6/3/2015
Pilgrim Triton: 3/31/2016
Foster Square: 11/3/2016
Marketplace: 1/11/18
Illumina: 11/1/18
Beach Park Plaza 1/17/19
Metro Center: 11/4/2021
City Council approved Commercial
Facade Improvement Program in
September 2017 to provide matching
grants to neighborhood shopping center
owners in upgrading the appearance and
CDD/CM

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

86 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT condition of the centers. On January 17,
2019, the Planning Commission
approved a Use Permit Modification and
Master Sign Program for Beach Park
Plaza. On December 4, 2019, the
building permit for facade and site
improvements was issued. On May 5,
2020, a building permit was issued for
signs. Work on the Beach Park Plaza
façade and site improvements continued
throughout 2020. Work was completed in
2021. LUC-K-1-a
Monitor Neighborhood Retail Centers. To determine the viability of existing neighborhood retail centers, the City will monitor vacancies and the physical condition of these centers. A General Plan amendment would be necessary at the time conversion to any other use is considered.

Responsibility: Planning and Code Enforcement Division.

Timeframe: Current and ongoing.

In 2022 CDD staff has continued to
proactively monitor, respond to
complaints, and work closely with the
property managers of each of the nine
(9) retail centers located in Foster City.

CDD staff has pursued code
enforcement actions and received
voluntary compliance from
owners/property managers of Edgewater
Place, Beach Park Plaza, 1000 Metro
Center, 1010 Metro Center, Metro
Center Shopping Center, and Foster
Square. The City has continued to assist
restaurant owners and property
managers to provide outdoor dining due
the Covid pandemic and the State’s
social distancing restrictions.

CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

87 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT LUC-L-5-a
Parks Facilities Plan. The City shall adopt and regularly review a Parks Facilities Plan which addresses the need for new, and maintenance of existing, park facilities. This plan will be used as a basis for establishing needed park in-lieu fees and review of the City’s adopted Capital Improvements Program.

Responsibility: Parks and Recreation Department, Public Works Department and City Council.

Timeframe: Current and ongoing.

Ongoing as part of annual Capital
Improvements Plan.

At a January 2019 City Council Regular
Meeting, a Recreation Center
Conceptual Plan report was accepted
and the City Council selected a Preferred
Alternative. This included funding for
Architectural Design in the preliminary
FY 2019-2020 Capital Improvement
budget. The Recreation Center
Reconstruction project was put on “hold”
until the Levee Improvement Project is
completed, which is currently in
progress.

In 2019 a consultant was engaged to
conduct a Parks System Master Plan but
was shifted by Council to an effort to be
conducted by Staff to identify long-term
maintenance and improvement of the 24
Parks in the Foster City System.

Additional funds for CIP 301-682 Park
System Master Plan Study were
budgeted in Fiscal Year 2021-2022 for
services and supplies required to
develop and implement the plan.

Marking a major step forward for a key
project, the City Council unanimously
approved hiring Group 4 Architecture to
help lead the effort to rebuild the Foster
City Recreation Center. Under terms of
the consultant agreement reached during
the meeting Monday, November 21,
PARKS

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

88 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Group 4 will oversee efforts such as
project management, community
outreach, conceptual design refinement,
design development documents, use
permit and construction documents,
furniture and equipment selection,
signage design, bidding and construction
support, and record documents.

LUC-L-9-a
Child Care Facility Regulations. Amend Title 17, Zoning, to require a Use Permit for large family day care homes providing care for nine to 14 children and day care centers providing care to over 14 children.

Responsibility: Community Development Department.

Timeframe: Begin amendment after update of Land Use and Circulation Element.

Completed. CDD
LUC-L-10-a
Fire Department Annual Inspections. The Fire Department shall perform annual inspections and review new business license applications of all businesses in Foster City. The inspections should ensure, among other things, that all hazardous materials are handled properly and pertinent information regarding the materials is provided Ongoing FIRE

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

89 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT to the City.

Responsibility: Fire Department.

Timeframe: Current and ongoing.

LUC-L-11-a
Water System Improvements. Evaluate the condition and capacity of the water system each year to determine whether to include improvements to the water system in the Capital Improvement Program.

Responsibility: District Board, Public Works Department.

Timeframe: During annual Capital Improvement Program review.

Ongoing. A Potable Water System Risk
and Resilience Assessment and updated
Emergency Response Plan were
certified to the Environmental Protection
Agency (EPA) in June and December
2021 respectively.

LUC-L-13-a
Wastewater System Improvements. Evaluate the condition and capacity of the wastewater system each year to determine whether to include improvements to the wastewater system in the Capital Improvement Program.

Responsibility: District Board, Public Works Department.

Timeframe: During annual Capital Improvement Program review.

Ongoing. The Wastewater Collection
System Master plan was completed and
accepted by Council May 2020. The
study addresses repairs and
improvements over the next 20-year
period. Implementation of the projects
into the budget are ongoing.

Foster City is working with the City of
San Mateo to construct improvements at
the jointly owned wastewater treatment
plant. Startup and commissioning of new
treatment facilities is targeted to be
completed by fall 2023, followed by
retrofit of existing facilities and
commissioning of the integrated WWTP
by mid-year in 2024.

CHAPTER 4: HOUSING ELEMENT – ADOPTED FEBRUARY 2015 = SEE SEPARATE REPORT ON HCD FORMS

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

90 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT CHAPTER 5: PARKS OPEN SPACE AND CONSERVATION ELEMENT – ADOPTED SEPTEMBER 2009 PC-a Periodic Recreation User Surveys. Encourage feedback from recreation program participants, facility users and the general community with periodic surveys.

Responsibility: Parks and Recreation Department.

Timeline: Current and ongoing.

Ongoing

PARKS
PC-b Respond to Changing Recreation Needs. Expand and diversify classes and activities to address new recreation trends and changing community needs.

Responsibility: Parks and Recreation Department.

Timeline: Current and ongoing.

Ongoing

PARKS
PC-c Implement the City of Foster City Bikeway System Report.

Implement the City of Foster City Bikeway System Report, adopted by the City Council on January 7, 1991.

Responsibility: Parks and Recreation Department, Public Works Department.

Timeline: Current and ongoing.

Development of a Master Plan for
Bicycle, Pedestrian and Intersection was
prepared in 2017 and adopted by the
City Council on February 5, 2018.

Implementation of improvements is
ongoing.

Council approved installation of sharrows
on Class III bike routes to be installed as
streets have pavement rehabilitation.

PW
PARKS

PC-d Improve Facilities. Perform maintenance and specific improvements to parks and recreation facilities as identified in the Capital Improvement Program Five Year Plan.

Responsibility: Parks and Recreation Department, Parks and Recreation Committee.

Timeline: Current and Ongoing, Long-term
The City conducted the Public Outreach
phase of the Recreation Center Master
Plan from October 2016-January 2017.

At the January 2019 City Council
Regular Meeting, the Conceptual Plan
report was accepted and the City Council
selected a Preferred Alternative and
provided direction for including funding
PARKS

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

91 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT for Architectural Design in the
preliminary FY 2019-2020 Capital
Improvement budget. This project was
put on “hold” until the Levee
Improvement Project is completed, which
is currently under construction.

Additional funds for CIP 301-682 Park
System Master Plan Study were
budgeted in Fiscal Year 2021-2022 for
services and supplies required to
develop and implement the plan.

PC-e Park Inspections. Perform and document monthly inspections of park amenities and infrastructure.

Responsibility: Parks and Recreation Department.

Timeline: Current and ongoing.

Ongoing PARKS
PC-f Playfield Inspections. Inspect playfields during weekly maintenance.

Responsibility: Parks and Recreation Department.

Timeline: Current and ongoing.

Ongoing PARKS
PC-g Levee Pedway Maintenance. Maintain the levee pedway, repairing and resurfacing when necessary.

Ongoing quarterly inspections are
conducted and maintenance performed
as necessary.

PARKS
PW

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

92 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Responsibility: Parks and Recreation Department, Public Works Department.

Timeline: Current and ongoing.

In September 2020, the construction of
the Levee Protection Planning and
Improvements Project (CIP 327-657)
began. Sheet pile installation for Phases
1, 2, and 3 is complete as well as
approximately 3 miles of concrete cap
work. The project is anticipated to be
complete in January 2024.

PC-h Existing Pedway Enhancement. Enhance the existing pedway system by providing observation points, water fountains, additional and replacement landscaping, trash cans, additional paved access points with hand rails and additional benches along the pathways.

Responsibility: Parks and Recreation Department, Public Works Department.

Timeline: Financing is undetermined, long-term.

Construction of the Levee Protection
Planning and Improvements Project (CIP
327-657) is ongoing. The completed

6.5-mile pathway will range from 14- 18
feet in width and will include separate
pedestrian and bicycle lanes in each
direction. New signage, trash and
recycling containers, observation points
benches, picnic tables, interpretive
signage, and bicycle fix-it stations will be
installed along the completed pathway.

PARKS
PW

PC-i Senior Activities. Maintain the existing senior center wing and continue to provide programs, activities and services to seniors at this facility.

Responsibility: Parks and Recreation Department.

Timeline: Current and ongoing.

Ongoing PARKS
PC-j Special Needs. Require that any improvements to open space lands be designed to accommodate people with special needs.

Responsibility: Community Development Department, Parks and Recreation Department.

Timeline: During Plan Review.

Ongoing PARKS
CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

93 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT PC-k Public Access. Require dedication of open space lands or public access easements as a part of new development or redevelopment along the Bay or the Belmont Slough.

Responsibility: Community Development Department.

Timeline: During Plan Review.

Ongoing CDD
PC-l Wetlands Enhancement. Improve wetland areas in accordance with state and federal regulations to enhance the natural characteristics of the wetlands.

Responsibility: Community Development Department.

Timeline: During Plan Review.

Ongoing CDD
PC-m Median Strip Planting. Continue to maintain median strip planting along major roadways and bridges in Metro Center, residential neighborhoods, and industrial areas in accordance with the Median Development Master Plan.

Responsibility: Parks and Recreation Department.

Timeframe: Current and Ongoing.

Ongoing PARKS
PC-n Architectural Review. Review all new development or improvement proposals through the City of Foster City’s architectural review process for: (1) Impacts on access to sunlight on public areas; (2) provision of street furniture and attractive landscaping in public open spaces; and (3) impacts on waterfront views.

Responsibility: Community Development Department, Parks and Recreation Department, Planning
Commission and City Council.

Timeline: During Plan Review.

Ongoing CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

94 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT PC-o Youth and Teen Activities. Continue to evaluate classes, services and programs for youth and teens and make changes when necessary to meet the changing recreational needs of these age groups.

Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing.

Ongoing PARKS
PC-p Youth Advisory Committee. Use the Youth Advisory Committee to promote meaningful involvement of the City of Foster City’s youth in evaluating park and recreation facilities and services.

Responsibility: City Council, Parks and Recreation Department Timeframe: Current and Ongoing
Ongoing PARKS
PC-q Teen Center. Design and construct a permanent Teen Center to replace the temporary facility.

Responsibility: Community Development Department, Parks and Recreation Department and City Council
Timeframe: 2008-2009.

Teen Center construction was completed
in 2009.

PARKS
PC-r Parks and Recreation Committee. Use the Parks and Recreation Committee to advise the City of Foster City and the Parks and Recreation Department on proposed park projects and recreational programs.

Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing.

Ongoing PARKS
PC-s Shoreline Band. Work with the Bay Conservation Development Commission and the Association of Bay Area Governments to protect BCDC requirements have been
conducted as part of the development of
CDD
PARKS

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

95 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT and enhance the 100-foot shoreline band for conservation and recreation.

Responsibility: Community Development Department and the Parks and Recreation Department.

Timeline: Current and Ongoing.
the plans for the Levee Improvement
project.

PC-t Court Resurfacing. Resurface and paint tennis and basketball courts every five years or as necessary in conjunction with the CIP Five Year plan.

Responsibility: Parks and Recreation Department
Timeline: Current and Ongoing.

Ongoing PARKS
PC-u Leo J. Ryan Park and Boardwalk. Complete the redesign and refurbishment of the park which includes landscaping, pathway repairs, park entry improvements and new restroom facilities.

Responsibility: Parks and Recreation Department
Timeframe: Current with completion scheduled for 2005.

Leo J. Ryan refurbishment was
completed in 2005.

PARKS
PC-v Bay Trail. Work with the Bay Conservation Development Commission and all other applicable agencies to develop a Bay Trail System.

Responsibility: Community Development Department and the Parks and Recreation Department
Timeframe: Current and Ongoing.

Ongoing PARKS-
CDD
PC-w “Destination Park”. Design and construct a new passive park on City of Foster City owned property at the terminus of Halibut Street adjacent to the levee pedway that will include picnic tables, a drinking fountain, a small restroom, benches, a bike rack, and an “interpretive center.” Grand Opening of Shorebird Park was in
June 2015.

PARKS

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

96 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Responsibility: Community Development Department, Parks and Recreation Department and City Council
Timeframe: Current and long-term.

PC-x Cultural Arts. Seek to provide a wide variety of cultural arts in the City of Foster City through classes, concerts, and special events.

Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing.

Ongoing PARKS
PC-y Special Events. Work with organizations to hold a wide variety of special events in the City of Foster City including the Fourth of July Celebration, Concert in the Park Series and other special events.

Responsibility: Parks and Recreation Department and City Council.

Timeframe: Current and Ongoing.

Ongoing
Promotion of community events and
other communications were expanded
through:
● Expanded City’s presence on
various social media platforms,
such as NextDoor, Facebook,
Twitter, Instagram, and Youtube
● Monthly e-newsletters with
updates on City events, activities
and projects as well as local
business community news to
approximately 9,000 subscribers

In 2021, in honor of the City’s 50th
Anniversary, the Parks and Recreation
Department hosted a variety of events to
commemorate the milestone. Events
included new programs such as car and
boat parade as well as the re-
introduction of past favorites such as

PARKS

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

97 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Sandcastle Contest and Rubber Ducky
Races.

In 2022, Summer Days returned for a
three day festival featuring carnival rides,
music, food trucks, and a car show.

PC-z Recreation Programs and Services Outreach. Provide information on the available classes and programs offered through the City of Foster City by using The Guide, handouts at City Hall and the Recreation Center and by posting information on the City of Foster City’s web page.

Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing.

Ongoing PARKS
PC-qq

Lagoons and Waterways: Recreational Opportunities. Promote the use of the lagoon for recreational purposes by allowing special events to occur on the lagoon, maintaining public beaches and boat ramps for access to the lagoon and maintaining the lagoon for use by boaters and windsurfers.

Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing.

Ongoing
The City continues to prioritized lagoon
safety messaging through a targeted “Be
Aware and Share” public education
campaign to promote awareness of all
recreational lagoon users – swimmers
and boaters.

PARKS
PC-bb Shared Use Facilities. Continue to work with the San Mateo-Foster City School District to share facilities with the school district and provide activities and programs at schools within the City of Foster City.

Responsibility: Parks and Recreation Department
Timeframe: Current and Ongoing
Ongoing PARKS
PC-cc Maintenance of Lagoon Pathways. Develop a program to identify which parties are responsible for maintenance of the areas adjacent to the lagoon.

Ongoing PARKS
PW

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

98 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Responsibility: Public Works/Engineering Department; Parks and Recreation Department, and the Community Development Department Timing: Long-term
CDD

CHAPTER 6: NOISE ELEMENT – ADOPTED MAY 1993
N-a Noise Ordinance and Vehicular Noise Abatement Publicity and Staff Training. Provide publicity regarding the Noise Ordinance and train Police, Public Works and Community Development Department personnel as needed in the use of noise measurement equipment to enforce the Noise Ordinance and vehicular noise standards, and to monitor noise levels throughout the City.

Responsibility: Police Department, Community Development Department and Public Works Department.

Timeline: Ongoing
Ongoing. No change. POLICE
N-b Periodic Noise Monitoring. Periodically monitor residential noise generators and will develop noise reduction and abatement measures that can be applied to limit noise and phase in mitigation.

Responsibility: Community Development Department.

Timeline: Ongoing.

Noise monitoring was done as part of the
General Plan EIR in 2015.

CDD
N-c Purchase of City Vehicles and Equipment. The City will consider noise criteria in the purchase of new vehicles, their components and other equipment.

Responsibility: City Manager’s Department.

Timeline: Ongoing
Ongoing. CM
PW

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

99 PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT N-d Regulation of Special Events. The City will evaluate and improve control mechanisms to minimize the noise impacts of special events, including:
a. Planning for overflow potential (parking, crowds).
b. Establishment of citation mechanism.
c. Establishment of a formal review of past performance. d. Informing neighborhood residents about events.
e. Responsibility: Community Development Department, Police and Public Works Departments.
f. Timeline: 1993 and ongoing.

Ongoing: Special events are vetted
through IDEC to ensure minimal
community disruption and sufficient
notification is provided to community.

The City’s security policy and ordinance
was update by PD.

CDD
POLICE
N-e Coordination of Complaint Information and Enforcement. The City will establish improved coordination of complaint information between the Planning, Police and Public Works Departments and will continue code enforcement programs.

Responsibility: Community Development Department, Police Department and Public Works Department.

Timeline: Ongoing
The City initiated the Foster City Access
“See-Click-Fix” program in 2016 to more
efficiently handle complaints and
enforcement. Code enforcement of
property maintenance standards is an
ongoing responsibility of the Community
Development Department.

In 2022, See-Click-Fix handled 907 total
cases from all departments.

P.D. continues to respond to See-Click-
Fix reports of graffiti, parking complaints,
and traffic-related complaints.

Complaints received via email are vetted
and routed to the appropriate point of
contact. No change.

CDD
POLICE
N-f

Recology Contract. The City will review the hours of refuse collection operation for Recology and will establish and enforce performance standards as appropriate.

Responsibility: City Manager’s Department and City Council Timeline: Annually
In 2017, the City Council approved an
Amended and Restated Franchise
Agreement with Recology from January
1, 2021 to December 31, 2035, which
continues existing regulation of collection
hours. Staff continue to work with
PW

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

100

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT reporting parties to ensure that collection
is maintained within allowable hours.

N-g Airport Noise Mitigation. The City will work with the relevant agencies to minimize adverse noise impacts associated with expansion and ongoing operations at the San Francisco International Airport.

Responsibility: City Council
Timeline: Ongoing.

Ongoing. On October 13, 2022, the
C/CAG Board approved the
amendments to the Comprehensive
Airport Land Use Compatibility Plan for
the Environs of San Carlos Airport
Overflight Notification and Avigation
Easement Policies. City of Foster City
will be updating its policies to align with
this ALUCP in 2023.

CHAPTER 7: LHMP/SAFETY ELEMENT – ADOPTED NOVEMBER 2016
S Local Hazard Mitigation Plan (LHMP) Update. The LHMP defines measures to reduce risks from natural disasters.

The City Council adopted an updated
LHMP on December 13, 2021. The
information in the LHMP will provide a
basis for updates to the Safety Element
due in 2023.

FIRE/CDD
S-A-1-a Protect City’s Infrastructure and Facilities. The City will protect the City’s infrastructure and facilities from damage due to seismic and geologic hazards through proper design and retrofitting older facilities to current standards.

Protection from seismic and geologic
hazards were incorporated into the levee
design.

Design phase for CIPs to retrofit
identified deficiencies at the Lagoon
Pump station, Water Booster Pump
Station, and 3 Steel Water Tanks began
in 2019, with construction anticipated in
2023-2024.

S-A-1-b Police Station Assessment. Conduct an assessment of the Police Department facility and its use related to an earthquake to identify No change. POLICE

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

101

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT strategies that can improve the facility’s resilience, including determining the feasibility of replacing the building. (High Priority) S-A-1-c Recreation Center Assessment. Conduct an assessment of the Recreation Center facility (a potential emergency shelter location) and its use related to an earthquake to identify strategies that can improve the facility’s resilience, including determining the feasibility of replacing the building. (High Priority)
An assessment of the Recreation Center
was initiated in late 2016. The City
conducted the Public Outreach phase of
the Recreation Center Master Plan from
October 2016-January 2017. The
Conceptual Plan report for building a
new Recreation Center was accepted
and the City Council selected a Preferred
Alternative in January 2019, and
approved funding for Architectural
Design in the preliminary FY 2019-2020
Capital Improvement budget.

On January 31, 2022, the City Council
directed staff to proceed with the “build-
to-budget” option for the Recreation
Center Replacement Project in an
amount not-to-exceed $55 million and to
proceed with utilizing $36 million funding
from CAAR Fund 326 (4/5th City Council
approval required) and $19 million from
General Fund 001 Reserves.

PARKS
S-A-1-d Emergency Power for Critical Infrastructure. The City will provide emergency power at critical City facilities such as major sewer lift stations and lagoon pumps.

Emergency power is in place. PW
S-A-1-e Monitoring of Water, Sewer and Lagoon Systems. The City will provide and maintain a consolidated remote monitoring capability for the water distribution system, the wastewater collection system and the lagoon system that can be monitored 24 hours a day by Public Works staff or Police Department staff.

Supervisory Control and Data
Acquisition (SCADA) is currently in
place and improvements are being
proposed as part of each Fiscal
Year’s budget.

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

102

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT S-A-1-f Bridge Inspections. Facilitate biannual inspections by the California Department of Transportation (CALTRANS) of City owned bridges (Bicentennial, Foster City Boulevard, Rainbow and Shell Boulevard) and incorporate needed improvements into the capital improvement program.

Ongoing PW

S-A-1-g Earthquake Resilient Pipelines. Install specially-engineered pipelines in areas subject to faulting, liquefaction or other earthquake hazard.

Ongoing PW
S-A-2-a Levee Protection Planning and Improvements. Develop a plan to raise the City’s levees in order to retain FEMA accreditation and protect the City against sea level rise. (High Priority)
The City moved forward with the Levee
Project, which began in 2015. The
Environmental Impact Report was
certified on May 8, 2017. Other
informational materials were prepared
and provided to the public. A ballot
measure to issue the GO Bond for $90
million was passed in June 2018 for
funding the project. On January 7, 2020
the City received final regulatory Permit
approval from the US Army Corps of
Engineers. In late January 2020, the
City awarded a contract for Construction
Management Services to Tanner Pacific,
Inc. In July 2020, the City awarded a
contract for construction to Shimmick
Construction. Construction is ongoing
and is anticipated to be complete in
January 2024. The Levee Project is
designed to be resilient to the year 2050-
2080.

No new updates for 2022.

S-A-2-b Maintain Levees and Lagoon for Flood Protection. The City will maintain the City’s levees and lagoon for flood protection pursuant to the Ongoing PW

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

103

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT “Operation and Maintenance Manual, Foster City Levees and Pump Station” and the “Lagoon Management Plan.”
S-A-2-c Lagoon Pump Station Building Seismic Evaluation. Implement recommendations for seismic upgrades to this 60-year old building. (High Priority)
Construction of minor improvements
anticipated to begin in 2023, with a
complete building assessment and
recommendations for repair/replacement
to be performed in FY23-24.

PW
S-A-3-a Water Supply and Delivery for Fire-Fighting. The City will maintain a water supply and delivery system that can meet potential fire fighting demands through annual exercising of fire hydrants and periodic review of storage needs.

Ongoing PW
S-A-3-b Water Supply. The City will study the adequacy of water storage and/or supply facilities.

On July 19, 2021, the EMID Board of
Directors adopted the 2020 Urban Water
Management Plan and the 2020 Water
Shortage Contingency Plan.

S-A-3-c Water Delivery System. The City will ensure the adequacy of the water delivery system through periodic testing, flushing and replacement of parts as needed.

Ongoing PW
S-A-3-d Water Booster Pump Station Seismic Retrofit. Complete recommended seismic retrofit to the water booster pump station. (High Priority)
Design of improvements is ongoing and
construction is anticipated to begin in
2023.

S-A-3-e Potable Water Tank Seismic Evaluation Retrofit. Implement recommendations for seismic upgrades to the water storage tanks. (High Priority)
Design of improvements is ongoing and
construction anticipated to begin in 2023.

S-A-3-f Water Transmission Main Evaluation. Continue to evaluate the single 24-inch water supply transmission main on an on-going basis. (High Priority)
Identified in 20-year Water Master Plan
that was completed in January 2020.

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

104

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT S-A-3-g Water System Pressure Reducing Station Evaluation. Continue to evaluate the water pressure reducing stations that reduce SFPUC’s supply pressure to EMID system pressure. (High Priority) Two --6” PR Valves at Pressure
Reducing Station 2 were replaced in
January 2021, and one 12” PR Valve
was refurbished in summer 2022.

S-A-4-a Wastewater Treatment Plant Improvements. Improve the Wastewater Treatment Plant to accommodate current and future operational requirements and needs and to be more resilient to hazards. (High Priority)
As part of the Clean Water Program
(CWP) the Wastewater Treatment Plant
Expansion Project involves all new
improvements, replacements, new
treatment processes, expansion and
rehabilitation of the plant in order to meet
regulatory compliance requirements,
reliability, and capacity assurances.

Construction of GMP-1 (Mobilization,
demolition, site preparation, mass
excavation, perimeter shoring, and
dewatering) is s complete with closeout
scheduled in February 2023. GMP-2
(Pile installation) has been completed
and closeout is scheduled for February
2023. GMP-3 (Construction of all
process facilities including headworks;
primary treatment membrane filtration,
and administration building and
maintenance warehouse) commenced in
September 2020 and is ongoing.

Construction of Immediate Action Project
II continues, with Immediate Action
Project III being rebid in February 2023.

S-A-4-b Lift Station #59 Improvements. Maintain and improve the City’s main wastewater lift station with replacement of components that provide adequate levels of redundancy.

Construction of Lift Station #59
Improvements Project will commence in
2023.

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

105

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT S-A-4-c Evaluation/Replacement of Air Release Valves on Wastewater Line between Lift Station #59 and WWTP. Evaluate the need for replacement of the air release valves on the 24” force main between Lift Station #59 and the Wastewater Treatment Plant. (High Priority) Ongoing. PW

S-A-4-d Wastewater Lift Stations Rehabilitation. Rehabilitate sewer lift stations by performing preventative maintenance and upgrades to extend their useful life. (High Priority)
Future lift station projects have been
identified in the 20-year Wastewater
Master Plan which was completed in
January 2020.

S-B-1-a Emergency Response. The City will prepare to respond to emergencies through use of established procedures, programs of on- going training, periodic exercises of the City’s Emergency Operations Plan, and mutual aid agreements.

Ongoing. The Fire Department continues
to maintain the City’s Emergency
Operations Plan. Foster City staff
participated in the Multiagency
Emergency Operations Center activation
drill for the Statewide Golden Eagle
exercise in October 2021.

FIRE
S-B-1-b Emergency Plan. The City will maintain the City’s Emergency Operations Plan indicating responsibilities and procedures for responding to an emergency.

Ongoing.

FIRE
S-B-1-c Mutual Aid. Participate in general mutual-aid agreement and agreements with adjoining jurisdictions for cooperative response to fires, floods, earthquakes, and other disasters.

Ongoing FIRE
S-B-1-d Police Services. The City will provide adequate personnel, training, and equipment to support the provision of police services.

Ongoing: In 2022, three Police Officers,
one CSO, one full-time Dispatcher, and
one per-diem Dispatcher were hired to
maintain service levels. On-going
professional development conducted for
all staff to maintain and enhance
professionalism.

POLICE

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

106

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT S-B-2-a Emergency Operations Center. Maintain the local government’s emergency operations center in a full functional state of readiness.

Ongoing. The Fire Department maintains
the Emergency Operations center in a
functional state of readiness.

FIRE
S-B-2-b Back-up Emergency Operations Center. As an infrastructure operator, designate a back-up Emergency Operations Center with redundant communications systems.

Ongoing. The Fire Department maintains
a back-up emergency operations center
with redundant communication systems.

FIRE
S-B-2-c Emergency Power for Critical Buildings. Pre-position emergency power generation capacity (or have generation rental/lease agreement for these generators) in critical buildings to maintain continuity of government and services.

Ongoing PW
S-B-2-d Critical Intersection Lights. Ensure that critical intersection lights function following loss of power by installing and maintaining battery back-ups and emergency generators.

Ongoing PW
S-B-2-e Post-Disaster Repair of Water and Wastewater Systems. Develop a plan for speeding the repair and functional restoration of water and wastewater systems through stockpiling of shoring materials, temporary pumps, surface pipelines, portable hydrants, and other supplies.

Ongoing PW
S-C-1-a Incorporate Sea Level Rise Consideration into Planning Process.

Incorporate consideration of sea level rise into the development review and infrastructure planning processes, including response strategies that increase resilience to mid-century sea level rise risks for both new and existing development.

Sea level rise is being incorporated into
the planning for raising the levee. The
Levee Design has incorporated 1.9 ft. of
Sea Level Rise into the design which
should result in protection to at least
2050 and likely to 2080. The model will
be revised and updated at least every
five years from the completion of the
project.

PW
CDD

S-C-2-a Use of Uniform Codes. The City will adopt and enforce the most current uniform codes with additional local requirements as necessary tailored to Foster City.

Ongoing. On November 8, 2022, the
City Council passed Ordinance 654,
adopting the 2022 California Building
Standards, effective January 1, 2023.

CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

107

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT S-C-2-b Site Specific Geotechnical Analyses. The City will require site specific geotechnical and engineering reports for new structures.

Ongoing CDD
S-C-3-a Flood Plain Regulations. The City will evaluate any proposed development within special flood hazard areas for conformance with the City’s flood plain regulations as contained in Chapter 15.36 of the Foster City Municipal Code.

Ongoing – Any proposed marina
development will be subject to Chapter

15.36 requirements
CDD
S-C-3-b FEMA’s National Flood Insurance Program. Participate in FEMA’s National Flood Insurance Program for affected properties.

Ongoing. CDD
PW
S-C-3-c Protect Flood Protection Qualities of Natural Areas. The City will protect and preserve natural features such as wetlands that serve as natural mitigation against the impacts of flooding.

Ongoing CDD
S-C-4-a Development Review for Fire Safety. The City will review proposals for new and modified buildings to ensure that fire safety provisions are included as required by the most current uniform codes and local regulations.

Ongoing FIRE
S-C-4-b Annual Inspections for Fire Safety and Hazardous Materials. The City will conduct annual inspections of businesses and multi-family dwellings in order to ensure compliance with fire safety and hazardous materials requirements. The City will continue to provide inspections of residential care facilities at the request of the Department of Social Services.

Ongoing FIRE
S-C-4-c Fire Sprinklers. Require fire sprinklers in all new or substantially remodeled housing, regardless of distance from a fire station.

Ongoing FIRE
S-C-5-a Hazardous Materials. The City will continue to enforce applicable codes related to hazardous materials.

Ongoing FIRE
S-C-6-a Post-Disaster Services. Consider and adopt regulations to guide City operations following a disaster, such as suspension of some types of government services.

On December 13, 2021, the City of
Foster City Adopting the 2021 San
Mateo County Multijurisdictional Local
FIRE
CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

108

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Hazard Mitigation Plan Including Foster
City Annex Plan.

S-D-1-a CERT Classes. Continue to provide emergency preparedness classes and Community Emergency Response Team (CERT) training.

Ongoing. In 2021, one Hybrid CERT
Course was offered. 70 new CERT
students were trained via Zoom and
online. 32 completed their training by
attending Skills Day (under COVID
protocols) in June 2021.

FIRE
S-D-1-b Emergency Preparedness Education and Outreach. Continue to utilize available means to educate the public, including schools, businesses and community groups, about emergency preparedness, including but not limited to the City’s website, media, classes and special events. (High Priority)
Ongoing.

Presentations were made to 7 different
organizations and groups in 2021. This
included businesses, community
organizations, residents, and schools.

Additionally, Fire was able to hold annual
Open House (under COVID-19
protocols) in 2021 – where over 600
residents attended to learn about
preparedness, fire safety, and City
resources.

FIRE
S-D-2-a Geotechnical Reports Library. The City will maintain a geotechnical report library at City Hall.

Ongoing CDD
S-D-2-b Seismic Safety Education. The City will include seismic safety education in the Fire Department’s public education programs, such as Community Emergency Response Team (CERT) training and
earthquake preparedness training.

Ongoing. CERT training includes
education for the public in what to do
before, during and after an earthquake,
as well as mitigation techniques.

FIRE
S-D-2-c Non-Structural Hazards Assessment. The City will include an assessment of non-structural seismic hazards as part of annual inspections of businesses as part of a public education program.

Ongoing FIRE

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

109

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT S-D-2-d Private Utility Lines at Bridges. Work with homeowners’ associations to educate them about the need for earthquake-resistant connections when pipes enter and exit bridges and work with them to encourage retrofit of these facilities.

Ongoing CDD
S-D-3-a Fire Education/Prevention. The City will provide a fire education/prevention program to the public, including schools, businesses and community groups through publications, training classes and other means.

Ongoing.

In 2021, the “Get Ready!” program
provided three fire and other emergency
preparedness classes (on Zoom), along
with two additional classes offered in
Spanish, called “Prepárese.”
A full range of handouts and pamphlets
(in multiple languages) are shared with
the Get Ready and Prepárese attendees,
as well as being available on a website.

FIRE
S-D-4-a Crime Prevention/Education. The City will provide a variety of crime prevention programs to educate and involve the community, including but not limited to Neighborhood Watch, Apartment Watch, Business Watch, newsletter, security surveys, and programs with community groups and organizations.

Ongoing
In 2022, social media was used to
provide crime alerts, crime prevention
tips, traffic information and safety tips to
the FC community. Residential and
Commercial Crime Prevention Through
Environmental Design (CPTED) surveys
were conducted.

National Night Out was celebrated on
August 2, 2022, to build relationships
with the Foster City community.

Coffee with a Cop forum was held on
May 19, 2022.

Open House was held on October 1,
2022.

POLICE

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

110

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT In 2022, Drake, the Service Dog,
attended 64 events where he provided
comforting and calming people in need,
greeting citizens, and strengthening
bonds, relationships, and trust.

S-D-4-b Development Review for Crime Prevention. The City will review proposals for new and modified buildings for compliance with crime prevention requirements.

Ongoing: In 2021, the Crime Prevention
Corporal reviewed all building plans
applying CEPTED prior to their approval.

This was accomplished as a member of
the IDEC. No change.

POLICE
S-E-1-a Community Events. The City will actively promote community events in order to bring together individuals and groups within the community for a common purpose.

Several community events were
promoted:
● Halloween Festival
● Off the Grid
● Tree Lighting
● 4th of July Firework Celebration
● Summer Concert Series
● Summer Days
Promotion of community events and
other communications were expanded
through:
● Expanded City presence on
social media channels such as
YouTube, Instagram, Twitter and
Facebook
● Monthly e-newsletters with
updates on City events, activities
and projects as well as local
PARKS

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

111

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT business community news to
approximately 9,260 subscribers
S-E-1-b Cross-Cultural Events. The City will actively promote cross-cultural events in order to celebrate the diversity of the community as well as to bring together individuals and groups so that they become more inter- connected.

Ongoing PARKS
S-E-2-a Police Services. The City will provide adequate personnel, training, and equipment to support the provision of police services.

Ongoing: In 2022, three Police Officers,
one CSO, one full-time Dispatcher, and
one per-diem Dispatcher were hired to
maintain service levels. Two Sergeants
and three corporals were promoted.

Current staff attended training that
enhanced their abilities in current
positions as well as their career
development.

POLICE
S-E-2-b Crime Prevention. The City will promote community-based crime prevention through Neighborhood Watch, Apartment Watch, Business Watch, newsletter, security surveys, and programs with community groups and organizations.

Ongoing. FCPD Officers continuously
conducted Community Outreach
Activities. Crime prevention activities
included conducting residential security
surveys, conducting vehicle inspection
report cards, and Crime Prevention
Through Environmental Design surveys
for residences and businesses. The
Crime Prevention Corporal and the
Community Engagement Officer
promoted community-based crime
prevention through the Community
Connect Program and through social
media platforms. No change.

POLICE

CHAPTER 8: CONSERVATION ELEMENT – ADOPTED MAY 2003 and UPDATED SEPTEMBER 2019

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

112

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT C-a

Water Saving Landscaping and Irrigation. Promote the use of low- water-use landscaping and irrigation devices in parks, and during review of new projects and modifications to existing developments. Incorporate Green Infrastructure features to maximize water reuse, reduce water consumption, and encourage groundwater recharge, to the maximum extent practicable.

Ongoing
● Conservation-based water rates
● Rebates for replacement of turf
● Free water use audits
● Outdoor Water Use checklists for
new development
● City website
● AMI system to generate water
consumption reports
PW
CDD
PARKS
C-b

Property Owner Water Saving Techniques. Encourage all property owners to implement the following conservation techniques: utilize drought tolerant plant materials, limit turf areas to 25% of landscaping, limit hours of the day for watering, retrofit with water-conserving fixtures, retrofit existing bathrooms and install new bathrooms with ultra low-flow toilets and water-conserving shower heads, and incorporate Green Infrastructure measures and design features in all applicable projects (including modifications to existing facilities) and processes whenever possible.

Ongoing
● Review of landscape plans
● Conservation-based water rates
● Indoor Water Use checklist
● Outdoor Water Use checklist
● Rebates for replacement of turf
and purchase of low water use
appliances
● City website

On February 4, 2021, the Planning
Commission approved the construction
of a new private outdoor amenity
space/private park at the Gilead
Sciences corporate campus. The new
park will incorporate drought-tolerant and
low-water-use vegetation and has been
designed for irrigation by
recycled/reclaimed water once made
available.

In June 2022, construction of the Gilead
Park deemed complete and Temporary
Certificate of Occupancy Permit was
PW
CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

113

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT issued. December 2022, Gilead initiated
a Use Permit Modification to make minor
changes to the Gilead Park and permit is
currently under review by staff.

C-c

Water Emergencies. Declare a state of water emergency when mandatory water conservation and/or water rationing is necessary and prepare newsletter articles and brochures to educate customers about water conservation.

Responsibility: District Board, City Manager’s Department, Public Works Department.

Timeline: As needed.

The District Board adopted a Water
Shortage Contingency Plan in July 2021,
which defines specific policies and action
that will be implemented at various
shortage level scenarios.

C-d

Water Conservation Plan. Update the City’s Water Conservation Plan.

This plan describes the water system, and water supply and demand within the District service area.

Responsibility: Public Works Department.

Timeline: 1993.

The Urban Water Management Plan was
revised and adopted in July 2021.

C-e

Water Quality. Continue existing programs to conserve and protect water quality in accordance with accepted standards and applicable law, permits, policy, and plans (including the Green Infrastructure Plan to be adopted in 2019) including the Municipal Regional Stormwater Permit (MRP) and associated regulations, as may be amended or succeeded.

Foster incorporation of Green Infrastructure and Green Streets design and measures whenever possible to maintain and improve water quality.

Ongoing. PW
C-f

Lagoon Water Quality. Continue to implement the Lagoon Management Plan in order to conserve and protect lagoon water quality by exchanging water with the Bay, testing and monitoring the water quality in the lagoon system. Ensure compliance with the Municipal Regional Stormwater Permit (MRP) and associated regulations, as may Ongoing
In 2021, additional water quality testing
was conducted due to the geese creating
PW

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

114

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT be amended or succeeded. Incorporate Green Infrastructure measures wherever practicable.
high bacteria levels. The records are
now available.

C-g

Lagoon Views and Recreational Opportunities. Conserve and protect the Foster City Lagoon System by maintaining accessibility for views and recreational opportunities.

Responsibility: Community Development Department.

Timeline: During Plan Review
Ongoing CDD
C-h

Public Information. Conserve and protect the Foster City Lagoon System by educating the public about problems caused by disposal of toxic wastes into the storm water system and the problems which result from feeding waterfowl.

Responsibility: Public Works Department, Community Development Department.

Timeline: Prepare brochure following adoption of this Element Ongoing PW
CDD
C-i

Water Quality Discharge. Conserve and protect the quality of the water that is discharged into the San Francisco Bay through implementation of the Lagoon Management Plan. Ensure compliance with all requirements of the Municipal Regional Stormwater Permit (MRP) and associated regulations, as may be amended or succeeded.

Integrate Green Infrastructure features wherever practicable, consistent with the Green Infrastructure Plan to be adopted in 2019, for treatment of stormwater prior to entry to San Francisco Bay.

Ongoing

C-j Air Quality Impacts. Review proposed projects for their potential to affect air quality conditions.

Ongoing for each development project. CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

115

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Responsibility: Community Development Department.

Timeline: During Plan Review
C-k Air Pollution Sensitive Land Uses. To the extent feasible, separate air pollution sensitive land uses from sources of air pollution.

Responsibility: Community Development Department.

Timeline: During Plan Review
Ongoing for each development project. CDD
C-l TSM Ordinance Enforcement. Enforce the City’s Transportation Systems Management (TSM) Ordinance for existing and proposed businesses with more than 25 employees to promote use of SamTrans, vanpools, carpools and flextime working hours for employees.

Responsibility: Community Development Department.

Timeline: Current and ongoing
Ongoing. Included in Climate Action
Plan. Various developments are required
to submit annual TDM progress reports
per their previously approved
development permits.

CDD
C-m Reduction in Automobile Trips. Encourage Foster City residents and employees to consolidate and/or eliminate motor vehicle trips as often as possible.

Responsibility: Community Development Agency, Planning Division.

Timeline: Prepare brochure following adoption of this Element City continues to promote regional
events such as Great Race for Clean Air
and Bike to Work Day as well as
promoting Commute.org.

City Staff continues to implement the 92
Corridor Alliance Work Plan by
implementing “right-sized” transit
solutions around high capacity / fixed
routes, last mile shuttles, water based
transit, carpooling, and bicycles.

New projects are reviewed for progress
in meeting the goals of Transportation
Demand Management (TDM) programs
currently in place; new development
project applications (such as a proposed
new hotel), are reviewed for their
CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

116

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT capacity to incorporate new TDM
programs.

C-n Coordination with Other Agencies in Air Quality Improvements.

Coordinate review of large projects with local, regional and state agencies to improve air quality.

Responsibility: Community Development Department.

Timeline: During Plan Review
Ongoing.

Actions taken to reduced auto-oriented
design, such as providing flexibility in
parking requirements in the Planned
Development combining district, in
addition to encouraged of preparation of
TDM programs, which both encourage
use of alternatives to transportation by
private vehicle and therefore reduce
environmental impacts related to air
pollution.

CDD
C-o Title 24. Construct new buildings and additions to energy efficiency standards according to Title 24 of the California State Model Code.

Responsibility: Community Development Department.

Timeline: During Plan Review
Ongoing implementation of the energy
conservation requirements in
conformance with the California Energy
Code and CALGreen continued.

Included in Climate Action Plan.

CDD
C-p Solar Heating and Cooling. Encourage installation of solar panels for heating and cooling with solar energy.

Responsibility: Community Development Department.

Timeline: During Plan Review
Ongoing. The City implemented
SunShares Community Solar Bulk
Procurement Program in 2015 and 2016.

City has implemented on-going Solar
Rebate Program for single-family
residences since October 1, 2016.

City authorized several PACE programs
to operate in Foster City beginning in
2008, providing financing for Solar and
energy efficiency upgrades.

CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

117

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT City joined Peninsula Clean Energy to
provide opportunity for all energy
customers to purchase power from
renewable sources and enrolled all City
facilities in the ECO 100 100%
renewable and carbon-free energy
option.

Solar energy installation at the
Library/Community Center was
completed in 2015 and continues to
reduce electricity purchased by City.

C-q Solar Heating for Pools. Encourage property owners to heat all new and existing spas and swimming pools with solar energy.

Responsibility: Community Development Department.

Timeline: During Plan Review
Ongoing CDD
C-r Energy Information and Outreach. Continue to expand and monitor information about energy conservation and establish a public outreach program to inform Foster City residents and businesses about the availability and importance of the information.

Responsibility: Community Development Department.

Timeline: Prepare brochure following adoption of this Element The City continued to participate in
Energy Upgrade California, publicizing
the availability of rebates and public
information meetings about the program
through its Social Media accounts.

The City continues to authorize several
PACE financing options for residential
and non-residential buildings.

Included in Climate Action Plan and will
be included in the 2022 Update..

City partners with Peninsula Clean
Energy (PCE) to encourage residents to
“opt-up” to PCE’s ECO-100, their 100%
renewable energy product.

CDD
CM

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

118

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT The City annually participates in the
SunShares program to educate the
public on rooftop solar and zero-
emission vehicle discounts.

The City has offered a Solar Rebate
Program for single-family residences
since 2016.

C-s

Citywide Recycling Program. Continue the citywide residential recycling program for single stream recycling of glass, aluminum and newspaper and establish a citywide commercial recycling program for white paper and cardboard.

Responsibility: City Manager’s Department, Community Development Department.

Timeline: Current and ongoing
Ongoing programs.

Included in Climate Action Plan.

C-t Source Reduction and Recycling Element. Implement Source Reduction and Recycling Element in accordance with State regulations.

Responsibility: Community Development Department, City Manager’s Department.

Timeline: Current and ongoing.

Ongoing programs for construction &
demolition materials recycling, adopted
new CalGreen code effective January 1,
2017, which increased construction and
demolition requirements from 50% to
65%, reusable bag ordinance and
polystyrene food service-ware ordinance.

In 2019 and 2021, the Municipal Code
Chapter 15.44 Recycling and Salvaging
of Construction and Demolition Debris
was updated to align with Green Building
Code.

In 2021, the Municipal Code section 8.07
Storage and Disposal of Solid Wastes
and Recyclable Materials was updated to
PW
CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

119

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT conform to requirements of SB 1383
regulations related to proper diversion of
organic waste materials and entered into
agreement with the SBWMA to conduct
recordkeeping and outreach related to
SB 1383 organics recycling
requirements.

In 2021, entered into agreement with the
County of San Mateo for implementation
of SB 1383 Compliant Edible Food
Recovery Program.

The City meets current state established
targets for waste reduction and
diversion.

C-u

Recycling Information. Inform all Foster City residents and businesses about recycling opportunities.

Responsibility: Community Development Department.

Timeline: Current and ongoing

Ongoing programs.

Annually, green events are promoted
and widely used by the community. In
2022, three document destruction
(shred), one e-waste collection, two
compost give-aways, and the annual
coats for kids events were held. The
City continued to provide recycling
education through its website, direct
mail, social media and contacts from its
franchised hauler.

Included in Climate Action Plan.

C-v

Recycling Bins Incentives. Waive fees and simplify the review process for trash enclosures around recycling bins.

Responsibility: Community Development Department.

Ongoing programs.

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

120

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Timeline: Current and ongoing.

C-w City Procurement. Prepare a City-wide procurement policy for the purchase of recycled products.

Responsibility: City Manager's Department.

Timeline: December 1993.

Ongoing programs. Included in Climate
Action Plan and will be included in the
2022 Update..

In 2021, the Purchasing Policy and
Purchasing Ordinance were updated to
conform with SB 1383 requirements for
recycled-content paper purchases and
compliant compost/mulch purchases.

CM
C-x

Public Viewing Areas. Expand public opportunities to learn about wetland areas and endangered species by creating public viewing areas with exhibits.

Responsibility: Community Development Department.

Timeline: Within three years following Element Adoption Ongoing CDD
C-y

Wetland Habitat. Protect wetland habitat from human disturbance by posting signs prohibiting trespassing on vegetation typical of wetland areas.

Responsibility: Community Development Department, Parks and Recreation Department.

Timeline: Within one year following Element Adoption.

Ongoing CDD
C-z

57 Acre Wildlife Refuge. Prohibit development within 57 acre wildlife refuge.

Responsibility: Community Development Department.

Timeline: During Plan Review.

Ongoing CDD
C-aa Projects in the Vicinity of Shoreline Band. Strictly control development proposals in the vicinity of the shoreline band.

Ongoing CDD

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

121

Canada Goose Population Management Plan Ongoing
In September of 2022 City Council
directed staff to issue RFP to identify a
consultant to assist in developing a
Canada Goose Population Management
Plan. Staff identified a consultant, and a
plan is expected to be completed in
Summer of 2023.

Completed plan will include strategies to
maintain a sustainable population of

PROGRAM PROGRAM DESCRIPTION STATUS/PROGRESS IN 2022 DEPT Responsibility: Community Development Department.

Timeline: During Plan Review.

C-bb

National Pollution Discharge Elimination System (NPDES) Stormwater Management Plan. Continue working with the county- wide task force to develop and implement a stormwater management plan to satisfy NPDES requirements. Review all new development and redevelopment, significant building and/or site modifications, and any projects which require right-of-way improvement or dedication for opportunity of incorporation of Green Infrastructure (Including Green Streets) design, features, and measures. Green Infrastructure and Green Streets design shall be incorporated to the maximum extent practicable in conformance with the City’s Green Infrastructure Plan to be adopted in 2019 and for consistency and compliance with the Municipal Regional Stormwater Permit (MRP) and as directed by the State Water Resources Board; the Regional Water Quality Control Board, San Francisco Bay Region; the San Mateo Countywide Water Pollution Prevention Program; the Flood and Sea Level Rise Resiliency Agency, once formed; and standards of any relevant policymaking organization.

Ongoing
The City has adopted a Green
Infrastructure Program and has
amended its General Plan to include
goals, policies, and objectives which
encourage use of environmentally-
friendly methods for treatment of
stormwater; Green Infrastructure Plan
provides conformance with requirements
of the Municipal Regional Stormwater
Permit through NPDES.

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

122

Canada Geese which contribute
degrading water quality of the lagoon.

Additional Content:

Other related efforts and actions completed in 2022 that illustrate planning and development activity within the City are listed below:
• Encourage Effective Development Patterns: Approved projects that would provide more flexibility to commercially zoned areas, such as Parkside Towers, by providing the option for different types of employee generating land uses. • Environmental and Resource Protection: Encourages all proposals that may result in intensive water use to complete a water demand study and require net zero, or water saving features, to reduce water demand to the highest extent feasible. • Grant Administration for Land Use Activities:
o City obtained and completed SB 2 work related to the Affordable Housing Overlay Zone Ordinance. o City applied for Regional Early Action Planning (REAP) grants for Housing and Safety Element updates. o City obtained and completed work for Local Early Action Program (LEAP) for Housing and Safety Element updates. o City is currently exploring Electric Charging station funds for City-owned properties.

6.1 Attachment 2 - Table of General Plan Programs - General Plan Annual Report for 2022

123

Jurisdiction Foster City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
23 56 89 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)
+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0000 0 00 0 03 0 0 0 1 1 3 1 7 3 4 1 0 2 5 0 3 8 6 2 10 00 094-372-310 321 Topsail Court BLDG2021-0567 ADU R
0 1 1/18/2022 1 00 N Y
795 SF 2 BR/2BA; Per ABAG
Affordability of ADUs dated
9/8/2021 based on survey, 30%
are very low, 30% low, 30%
moderate, 10% above-moderate;
assumed to be above-moderate
d u et os i z e
0 0
No
094-156-170 1825 Beach Park
Blvd. BLDG2022-0024 ADU R 0 1 4/7/2022 1 1 10/25/2022 1 1 N Y 205 SF JADU; Owner reports they are not charging any rent. 0 0N o
094-010-520 501 Pilgrim Drive Pilgrim Triton
Workforce Housing BRE2019-410 5+ R
0 0 3 2 10 2 5 7/28/2022 22 0 N Y Other Other
City Council directed some units
that were deed restricted for
130% AMI to be rented at very
low and low rates per Resolution
2022-42; City uses HS Code
50053 to calculate rents
99 0 9
Development
Standards
Modification
No
Development Agreement included sale
to City, Floor area
minimum standards
(Chapter 17.56) waiver
094-950-940 382 Bisca
yne Ave BLDG2022-0037 SFD O 0 1 11/10/2022 1 00 N Y 0 0N o 094-950-940 382 Biscayne Ave BLDG2022-0037 ADU R
0 1
11/10/2022
1 00 N Y
646 SF 1BR/1BA; Per ABAG
Affordability of ADUs dated
9/8/2021 based on survey, 30%
are very low, 30% low, 30%
moderate, 10% above-moderate;
assumed to be moderate due to
size
0 0N o
094-010-520 118-230-998 101-113 Calypso
Lane
Pilgrim Triton
Townhouses BRE2019-461 5+ O 0 0 7 7/18/2022 7 0 N Y 0 0N o 094-010-520 094-013-270 301-309 Calypso
Lane
Pilgrim Triton
Townhouses BRE2019-463 5+ O 0 0 5 12/15/2022 5 0 N Y 0 0N o 094-010-520 094-013-290 701-707 Starfish
Lane
Pilgrim Triton
Townhouses BRE2019-465 2 to 4 O 0 0 4 11/30/2022 4 0 N Y 0 0N o 094-010-520 118-230-999 600-606 Starfish
Lane
Pilgrim Triton
Townhouses BRE2019-466 2 to 4 O 0 0 4 6/21/2022 4 0 N Y 0 0N o 094-010-520 118-240-999 501-507 Starfish
Lane
Pilgrim Triton
Townhouses BRE2019-467 2 to 4 O 0 0 4 5/12/2022 4 0 N Y 0 0N o 094-010-520 118-240-998 500-506 Starfish
Lane
Pilgrim Triton
Townhouses BRE2019-468 2 to 4 O 0 0 4 5/12/2022 4 0 N Y 0 0N o 094-010-520 118-220-999 401-407 Starfish
Lane
Pilgrim Triton
Townhouses BRE2019-469 2 to 4 O 0 0 4 5/12/2022 4 0 N Y 0 0N o 118-220-998 551-561 Pigrim
Drive
Pilgrim Triton
Townhouses BRE2019-470 5+ O 0 0 6 5/12/2022 6 0 N Y 0 0N o 094-030-080 171 Flying Cloud
Isle BLDG2021-0197 ADU R
0 1 1/10/2022 1 1 10/3/2022 1 0 N Y
246 SF JADU; Per ABAG
Affordability of ADUs dated
9/8/2021 based on survey, 30%
are very low, 30% low, 30%
moderate, 10% above-moderate;
assumed to be very low due to
size
0 0N o
094-013-220 101-105

STARFISH LANE
Pilgrim Triton
Townhouses BRES2019-458 2 to 4 O 0 3 5/23/2022 3 00 N 0 0N o 094-013-230 331-333

ARGONAUT LANE
Pilgrim Triton
Townhouses BRES2019-459 2 to 4 O
0 3 5/23/2022 3 00 N 0 0N o
094-013-240 202-212 CALYPSO
LANE
Pilgrim Triton
Townhouses BRES2019-460 5+ O 0 6 5/23/2022 6 00 N 0 0N o Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
124

Jurisdiction Foster City ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 34
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - 83 - - - - 2 - - - Non-Deed Restricted - - - 1 - 2 2 1 3 - Deed Restricted - 49 - - - - 2 - - - Non-Deed Restricted - - - - - - - 2 - - Deed Restricted - - - - - - 10 - - - Non-Deed Restricted - 14 - - - - - - 1 - Above Moderate 119 - 563 74 - - 20 18 42 13 - 730 - 430
- 709 74 1 - 22 34 45 17 - 902 139 5 67
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date
Total Units
Remaining
74 7 - - - - - - 1 - 8 66 34 Please note: For the last year of the 5th cycle, Table B w ill only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted sinc e the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as v ery low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be c ounted as progress toward meeting the extremely low-income housin g need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Governm ent Code 65583(a)(1). Value in Section 5 is default value, ass umed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning per iod. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
51 94
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
25 Moderate
148
87 76
Please contact HCD if your data is different than the material supplied here 53 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
54 6.1
Attachment 3 - Tables A2, B, D, & H of APR Reporting
 
 
125

Jurisdiction Foster City
Reporting Year 2022 (Jan. 1 - Dec. 31)
D_1_Name D_2_Objective D_3_Time D_4_Status
12 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation H-A-1-a Annual Tracking of
Housing Activity
Provide statistical summary of residential building
activity.

Annually as part of GP Report See Tables A and B, attached. Building permits were issued in 2015-2021 for 885 units that will apply to the RHNA for 2015-2023 (see breakdown below). Foster City was found by HCD to be one of only 29 jurisdictions on track to meet its
prorated RHNA.

H-A-1-b Construction of
New Units
Review residential proposals as they are received
toward RHNA for 2015-2023:

Very Low: 148
Low: 87
Moderate: 76
Above-Moderate: 119
Total 430
2015-2023 Permits issued in 2022:
• 321 Topsail Court ADU
•1825 Beach Park Blvd. ADU
•382 Biscayne Ave. ADU
•382 Biscayne Ave. SFD
•171 Flying Cloud Isle ADU
As indicated in Table 6-1 of the Draft Housing Element dated 2/6/23, 832 new housing units were completed as of 6/30/22, including 89 very low-income (60% of RHNA), 50 low-income (57% of RHNA), 14 moderate (18% of RHNA), and 679 above-moderate units.

Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
126

12 3 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 H-A-1c Future Housing
Element Updates
Update the Housing Element consistent with State
requirements.
2023 On March 24, 2021, the City Council & Planning Commi ssion held a joint Special Meeting on Housing and the Housing Element.

On April 14, 2021, the City Council & Planning Commission held a joint Special Meeting to continue the discussion on Housing and the Housing Element.

On July 15, 2021, the Planning Commission held a Study Session on the Housing Element 2023-2031 Update (GP2020-0002).

On March 2, 2022 and April 21, 2022,, May 17, 2022, the City Council & Planning Commission held a joint Study Session Meeting to continue discussion on the Housing Element.

On November 15, 2022, the City & Planning Commission held a joint Study Session Meeting to review comments from HCD on the draft Housing Element; receive feedback and commenst from the public, Commission, and the City Council; and provide comments to staff to address comments from the HCD resubmittal.

On December 1, 2022, Planning Commission held a Regular Public Meeting and adopted multiple resolutions to recommend to City Council to approve text amendments and map amendments to the zoning map related to the Housing Element.

In January 2023, the City Council adopted ordinances making zoning amendments to implement the Housing Element and adopted a resolution to facilitate using Existing Unit Purchase Program units for supportive housing. On February 7, 2023, the Revised Draft Housing Element was posted for public review and comment. The new Housing Element is expected to be adopted in 2023 following completion of the EIR.

H-A-2 - Public Participation
Public Participation. Encourage and support public
participation in the formulation and review of the City's housing policy, including encouraging neighborhood
level planning and working
with community groups and the building and real estate
industry to advocate programs which will increase
affordable housing supply and opportunities.

Ongoing The City used a wide variety of methods to encourage public participation: in-person tabling at events, online surveys, interactive map, listserves, newpaper notices, announcements on City marquee, handouts, and outreach to groups.

On March 2, 2022 and April 21, 2022, May 17, 2022, and November 15, 2022 the City Council & Planning Commission held joint Study Session Meetings to continue discussion on the Housing Element.

H-A-3-a Community
Outreach
Improve citizen awareness of rehabilitation and disaster assistance loan subsidy programs, code enforcement,
energy conservation programs, fair housing laws and
affordable housin
g programs.

Ongoing Continued to provide housing information on website, prin ted materials, and through social media. Participated in 21 Elements community workshops and listening sessions in Fall of 2022. Launched housing section of engagefostercity.org in October 2021 and continued updates throughout 2022.

H-A-3-b Technical
Assistance to Non-Profits
Provide technical assistance to non-profit groups
organized to encourage provision of affordable housing
and sponsors of affordable housing projects and
programs.

Annual and ongoing. The City worked with Mid-P eninsula Housing to develop and implement the Alma Point Senior Apartments. Hired HIP Housing Affordable Ventures to manage new 22-unit City-owned affordable housing. The City works with BMR property managers on an ongoing basis to respond to inquiries and issues. The City also update the GMR Guideines in 2020 and has been continuing to update to clarify procedures. City hired a Housing Coordinator in December 2022 to oversee all non-development housing related activities, including assisting non-profit groups with housing efforts in the Cit
y.

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
127

12 3 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 H-A-3-c Water and Sewer
Agency Coordination
Annually review water and sewer procedures and
priority for water and sewer service allowances for
developments with units affordable to lower-income
households.

Annual and ongoing. In Urban Water Management Plan (UWMP).

H-A-3-d Outreach to
Community Service Clubs
and Or
ganizations
Contact service clubs and organizations to determine
interest in a volunteer labor assistance housing
im
provement program
2015. One-two cases were referred and
assisted by service clubs.

No action in 2022.

H-A-4-a Air Quality Impacts
Study air quality impacts of proposed housing. Ongoing. Air quality studies are required as part of project environmental review and
prior to building permit.

An Addendum to a Final EIR was prepared for Pilgrim Triton Phase C to study potential environmental impacts for the project specific proposal. No other large housing proposal was completed in 2022 that requires its own air quality anal
ysis.

H-A-4-b Geotechnical
Studies
Perform geotechnical study of proposed housing. Ongoing. Geotechnical studies are required as part of project environmental review and
prior to building permit.

An Addendum to a Final EIR was adopted in 2018 for the environmental review of a housing proposal for Pilgrim Triton Phase C. The Mitigation and Monitoring Reporting Program is ongoing following adoption of the Final EIR and Addendum. No other large housing proposal was completed in 2022 that requires its own geotechnical analysis.

H-A-4-c Building Codes
Buildings shall conform to requirements of UBC and
Title 24.

Ongoing. Building permits are reviewed for
conformance with adopted codes.

Ongoing. On October 3, 2022 the City Council passed Resolution 2022-119 entering into contract with Integrated Design 360 to provide outreach to public and stakeholders to develop Reach Codes for City of Foster City. Timeline for com
pletion is 3rd Quarter 2023.

H-A-4-d Site Investigation
Conduct site investigations for proposed housing. Ongoing. Site specific investigations are required as part of project environmental
review and prior to building permit.

An Addendum to the Pilgrim Triton Final EIR was adopted in 2018 for the environmental review of a housing proposal for Pilgrim Triton Phase C. The Mitigation and Monitoring Reporting Program is ongoing following adoption of the Final EIR and Addendum. No other large housing proposal was completed in 2022 that requires its own site investi
gation analysis.

H-A-4-e NPDES
Requirements
NPDES requirements should be met or required as
mitigation measures.

Ongoing Ongoing.

H-A-4-f Noise Studies
Perform noise studies for proposed housing. Ongoing. Site specific noise report are required as part of project environmental
review and prior to building permit.

H-A-4-g Traffic Evaluations
Complete traffic evaluation for proposed housing. Ongoing. Site specific traffic reports are required as part of project environmental
review and prior to building permit.

H-B-1-a Continue Code
Enforcement
Continue code enforcement program. Ongoing In 2022, Code Enforcement closed 140 cases.

H-B-2-a Rehabilitation
Loans
Encourage rehabilitation loan and disaster assistance
programs to the extent possible given program funding
criteria and local need.
2023 The City used to participate in the County’s housing rehabilitation loan program, but the program has been suspended. No updates to this program in 2022.

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
128

12 3 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 H-B-2-b: Facilitate Non-
Profit Rehabilitation and
Maintenance Assistance
The City will, if a source of funding can be found,
initiate a program to provide up to $1,000 in funding for very low-income households who cannot otherwise
afford the repairs. Eligible repairs include
weatherization of doors and windows, broken windows
and doors, installation of smoke detectors, water-heater replacement, electrical/mechanical work, plumbing
repairs and cleaning gutters. To help the disabled and
elderly maintain or rehabilitate their homes the City will identify possible non-profit organizations (such as
Rebuilding Together, churches, service clubs, or Girl or Boy Scouts) that can provide assistance and will
provide information on the City’s website and handouts
at City Hall.

Target: 2016 and ongoing thereafter
Responsible Agency: Community Development
Department
2016 and ongoing. No source of funding was found and therefore no program established. Rebuilding Together did perform repairs for 9 low-income ownership households since 2015. The City contributes funding indirectly through a CDBG Cooperation Agreement with San Mateo County.

H-B-3-a Energy
Conservation Assistance
Consider adopting measures for new residential
development and rehabilitation projects to incorporate
sustainable construction and green building practices
as part of a Climate Action Plan or other program.

Target: 2015; Responsible Agency: Community
Develo
pment Department.
2015 In addition to new CalGreen codes, the City's Solar Rebte program adopted in 2016 provides $1000 rebates for solar PV systems. 89 rebates were provided between 2016-2022, including 9 rebates in 2022.

H-B-3-b Increased Energy
Conservation
Continue to enforce CalGreen, consider fee waivers
and fast-track incentives for energy conservation
improvements, and will review its development
ordinances to determine if zoning, building subdivision and others discourage the use of energy conservation
measures.

Ongoing
Fees for solar installations are waived. The City has waived building permit fees for photovoltaic solar panels and has issued between 43 and 104 solar PV permits per year since 2016. The City issued 14 EV charging permits in 2020, 21 in 2021 and 24 in 2022. The City of Foster City also continued to offer residents who install solar photovoltaic technology (solar PV) a $ 1,000 rebate on qualifying systems. In 2022, six households qualified and received this rebate incentive. Total from 2016 through 2022 is 89 rebate applications completed and granted.

H-B-4-a Architectural
Review
Continue Architectural Review to ensure that
development preserved character and scale of
nei
ghborhoods.

Ongoing In 2022, the Planning Divison approv ed 50 Architectural Review Permits.

H-C-1-a Condo Conversion
Regulations
Continue implementation of the condo conversion
ordinance linking any conversions to the development
of additional rental housing within the City. The
ordinance provides for lifetime leases for seniors and
handicapped tenants. Amend the existing conversion
regulations to change the percentage of converted units required to be set aside for qualified low and moderate income owners from ten to fifteen percent. Continue
the requirement for deed restrictions on resale (unless financing is impossible), or 1% of gross sales must be
contributed to the City, and comparable rental housing
must be available in the Housing Market Area.

Ongoing No conversions proposed in 2022.

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
129

12 3 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 H-C-1-b
Amend the existing conversion regulations to change
the percentage of converted units required to be set
aside for qualified low and moderate income owners
from ten to up to twenty percent. Target: 2016.

Responsible Agency: Community Development
Department, Planning Commission, City Council.
2016 No action taken in 2022.

H-C-2-a Phased
Redevelopment of Existing
Apartments
If a large apartment development is redeveloped, the
project shall be phased so that displacement of
residents is minimized to the extent feasible. The
application for redevelopment shall include a plan to
minimize displacement of existing residents.

Ongoing
For the underslab plumbing replacement at the 88-unit Tradewinds Apartments in 2022, a Resident Relocation Plan was required as part of the building permit and included relocation assistance that went beyond State law requirements. Tenants were relocated from a 44-unit building with assistance in the form of 135 days’ notice, two months free rent, last month’s water/sewer/trash bill, $750 moving expense, deposits returned upon move-out, right of first refusal to return, relocation specialist assistance, offering space at sister properties, Community Meeting to answer questions (and make revisions to the plan in response), and residents of the second 44-unit building were offered space in the first 44-unit building upon its completion.

On May 2, 2022, the Owners of Lantern Cove Apartment submitted a Use Permit application (UP2022-0016) proposing the demolition of 10 building for a total of 64 units and construction of 420 units. The project is still under review.

On May 3, 2022, the applicant submitted a Preliminary Review Application (PR2022-0003) for the Schooner Bay project to remove 14 building for a total of 112 units and construction of 758 units. The City has reviewed and provided a comment letter. No formal Use Permit application has been submitted.

H-C-3-a Moderate Rent
Increases
Continue working with PCRC and Tri-County Apt.

Association as a vehicle to moderate rent increases
and to resolve rental dis
putes.

Ongoing
Ongoing
City staff continues to respond to and refer rent disputes to PCRC and Tri-County Apt. Association.

H-C-4-a Rental Dispute
Resolution
Continue to encourage residents’ use of PCRC as a
vehicle to resolve rental disputes. Ongoing
Ongoing.

City staff continues to respond to and refer rent disputes to PCRC and Tri-County Apt. Association.

H-C-5-a Rental Housing
Assistance
Encourage the use of federal, State and local rental
housing programs. Continue to publicize programs and
work with the San Mateo County Housing Authority to
implement the Section 8 Rental Assistance Program
and, as appropriate, assist similar non-profit housing
sponsor rental assistance programs.
15 extremely low and very low-income
households provided assistance per year.

Ongoing.

Information is included on the City’s website, in handouts in affordable housing packets, and referrals to other providers, such as HIP Housing. Staff distributed COVID-19 related resources including rental assistance, food, shelter, eviction moratorium, PCRC, Project Sentinel, etc.

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
130

12 3 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 H-C-5-b City Rental
Assistance Program
If a source of funding can be secured, develop a local
housing rental assistance program, and work with the
owners of existing rental projects in the City to provide as many subsidized rental units as possible.

An additional 10 extremely low income, 10
very low income and 20 low income by
rental subsidy by 2022
In 2020, the City worked with Essex Properties on an agreement to set aside approximately $800,000 in rental assistance for the tenants at Foster's Landing to extend the affordability of the units for another year. This was made possible by a 50/50 split between Essex and the City, to cover the difference between the tenant paid rent and market rate rent for the below market rate tenants at Foster's Landing affected by the expiration of the affordable housing covenant to prevent homelessness. City Council approved the Post BMR Expiration Rent Agreement on September 18, 2020 and in 2021, the City in partnership with Essex Properties, provided approximately $454,626.94 in rental subsidies.

On January 14, 2021, the City submitted an application for the San Mateo County Grant of Permanent Local Housing Allocation (PLHA) Funds. The $643,636 grant will be used to assist low-income tenants facing displacement find housing based on their specific needs and financial circumstances. The City was awarded the grant and intends to use the grant to provide the BMR residents of Foster’s Landing with relocation and case management services and rental assistance.

On September 1, 2021, the City and the County of San Mateo Department of Housing executed an Agreement to provide funds for the City's Emergency Relocation Assistance and Rent Subsidies Program.

In 2022, the City staff worked with HIF to provide 10 tenants with Emergency Subsidy while they explore relocation options. As of December 31, 2022, a total of nine tenants remain on site and in the program. The City plans to continue implementing the program for the years 2023 - 2024.

H-D-2-a Tier 1 Housing
Opportunity Sites
The City will work with the developers of Tier 1 sites to assure that RHNA can be met at these sites. Tier 1
sites include:
• Pilgrim-Triton (remaining phases)
• Foster Square
• Harbor Cove
• Beach Cove
• Franciscan
• Sand Cove
• Shadow Cove
Approvals within 1 year of application The Pilgrim/Triton proposal for redevelopment began its review in 2007, including 730 housing units and was approved in 2008, including a requirement for 20% affordable units. Phase A for 307 units was completed and occupied in 2013, including 60 BMR units.

One Hundred Grand (Triton Pointe-Phase D of Pilgrim Triton) obtained approvals in 2012 and completed 166 units in 2016, including 33 BMR units.

The Triton (Waverly-Phase B of Pilgrim Triton) obtained development approvals in 2013, demolished the existing buildings in 2014 and is under construction of 220 units in 2015-18, including 48 BMR units.

An amendment to the General Development Plan and a Development Agreement for housing in Pilgrim Triton Phase C was approved in 2018 to include 70 townhouses and 22 workforce housing units.

The Foster Square development was approved by the City Council on November 18, 2013 with up to 421 units and 35,000 sq. ft. of commercial space. Alma Point by MidPen Housing received building permit approval in November 2014 and was completed in 2016, including 65 BMR units.

Atria including 131 units and 24-bed memory care completed construction in late 2016.Lennar obtained building permits for 200 units in 2015-16 and has completed 90 units in 2017-2018.

In October 2018, Planning Permits were issued for Pilgrim Triton Phase C (Townhomes): 70 units and Pilgrim Triton Phase C (Workforce Apartments): 22 units. Building permits for these units are in process.

City staff has been communicating with the remaining property owners/representatives about the Affordable Housing Overlay Combining District to encourage additional housing units on existing multi family sites

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
131

12 3 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 H-D-2-b Affordable Housing
Overly Combining District
Adopt and implement an Affordable Housing Overlay
(AHO) Combining District to encourage production of
additional housing units, including affordable units.
2015 (SB 375 required rezoning to be
completed by 2/1/2018)
On May 3, 2021, the City Council adopted a resolution of intention Per Foster City Municipal Code Section 17.74.030 Requesting that the Planning Commission Consider a New Foster City Municipal Code Chapter 17.92, Affordable Housing Overlay (AHO) Combining District
On July 15, 2021, the Planning Commission held a Study Session on the Affordable Housing Overlay Zone (RZ2019- 0001 and RZ2020-0001).

AHO Combining District adopted in 2022 and requires some extremely low-income units in exchange for overall 15% inclusionar
y requirement instead of 20%.

H-D-2-c Rezoning with
Affordable Housing Overlay
District
Rezone selected housing sites with the AHO. 2015 (SB 375 required rezoning to be completed by 2/1/2018)
On May 3, 2021, the City Council adopted a Resolution of Intention Per Foster City Municipal Code Section 17.74.030 Requesting That the Planning Commission Consider Application of a New Affordable Housing Overlay Combining District to Specific Properties
On July 15, 2021, the Planning Commission held a Study Session on the Affordable Housing Overlay Zone (RZ2019- 0001 and RZ2020-0001).

AHO Combining District was adopted in 2022 and requires some extremely low-income units in exchange for overall 15% inclusionary requirement instead of 20%.The AHO Combining District was applied to 7 apartment properties:

Beach Cove, Franciscan, Sand Cove, Shadow Cove, Lagoons, Lantern Cove, Schooner Bay.

H-D-2-d Design Criteria for
Affordable Housing Overlay
District
Develop criteria to be used by the Planning
Commission in the review of developments pursuant to
the AHO that ensures:
• Character that is consistent with quality of
neighborhoods.
• Features are utilized to minimize the impacts on
adjacent development.
• Affordable units are dispersed and indistinguishable
from market rate units.
2015
On May 3, 2021, the City Council adopted a Resolution of Intention Per Foster City Municipal Code Section 17.74.030 Requesting That the Planning Commission Consider Creation of a New Chapter 17.94, Multi-Family Objective Design Standards,
On July 15, 2021, the Planning Commission held a Study Session on Multi-family Objective Design and Development Standards (RZ2021-0001)
Multi-family Objective Design Standards being prepared 2021-2023.

H-D-3-a Potential Re-Use of
Commercial Sites
The City will reevaluate the land use designations for
the neighborhood shopping centers or other
commercial sites if, at a future date, any of these
commercial activities become not viable.

As appropriate
Included 1010 Metro into the RHNA Cycle 6 inventory.

H-D-3-b Increase Supply of
Rental Units
Work to increase the supply of rental units in the City by re-planning and rezoning failed, or underutilized
commercial properties to include rental units.

Onging, following completion of Housing
Element or when a unique development
opportunity arises.

No action in 2022.

H-D-4-a Mixed Use Housing Encourage mixed residential-commercial uses in areas consistent with the Land Use Plan. Ongoing
Pilgrim Triton Phase C was approved in 2018 as part of the mixed use Pilgrim Triton Development.Mixed use development was included in Foster Square and Pilgrim Triton, including increased densities, reduced unit sizes, and reduced
parking ratios.

H-D-5 Planned
Development Process
Encourage the use of the planned development
process to achieve a diversity of housing types and
tenure and to provide greater choice for residents and
workers in Foster Cit
y.

Ongoing On going and permit requirements are based on stand alone development proposal. No updates in 2022.

H-D-6-a Second Units Continue implementation of the City’s second unit ordinance. Ongoing
On October 5, 2020, City Council adopted a new ADU Ordinance to Comply with New State Laws Pertaining to Accessory Dwelling Units. The City permitted 11 ADUs between 2015 and March 2022.

In 2022, 4 building permits were issued and 2 were finaled for second units/ADUs.

The Cit
y continues to distribute resources for ADUs on an on going basis as well as respond to inquires.

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
132

12 3 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 H-D-7 School Sites
Assist and support the public school district and private schools with the incorporation of residential uses for
faculty and staff along with educational facilities in order to increase the supply of affordable housing.

Ongoing No proposal for, specifically, faculty housing for public or private school in 2022.

H-D-8-a Housing Impact
Fee
Conduct the necessary nexus study to enable
consideration of a housing impact fee. 2015
On November 21, 2016 and December 19, 2016, the City Council adopted code amendments and Affordable Housing Commercial Linkage fees that went into effect on February 17, 2017. Successful adoption of commercial linkage fee, first revenue inflow in 2020. Continue to collect as appropriate.

No fees were collected in 2022, but estimatin
g about three projects will be subject to this fee in early 2023.

H-D-8-b Local, State and
Federal Funding for
Affordable Housing
Monitor availability of other sources of local, state or federal funding for affordable housing programs. Annual and ongoing Staff monitors Notices of Funding Availability for programs that could be used affordable housing in Foster City on an ongoing basis.

In 2021, the City assisted RPPG and Assemblymember Mullin in authoring AB-1029 Housing elements: prohousing local policies. This bill would add the preservation of affordable housing units through the extension of existing project- based rental assistance covenants to avoid the displacement of affected tenants and a reduction in available affordable housing units to the list of specified prohousing local policies.

On September 1, 2021, the City and the County of San Mateo Department of Housing executed an Agreement to provide funds for the City's Emergency Relocation Assistance and Rent Subsidies Program.

H-D-9-a Government
Constraints
Review the development process and remove any
government and regulatory constraints to the
production of affordable housing, including a review of ways to allow more types of projects to be approved at
the staff level.

Ongoing
Constraints were reviewed as part of the Housing Element Update and various programs included for implementation.

Streamlining ADU permit process was adopted in 2020 to eliminate the requirement for Architectural Review required (60 day review period).

In 2021, as a part of the Housing Element 2023-2031 Update, City staff has been working to identify governments constraints.

The 30-day public comment period on the Public Review Draft was open from May 4, 2022 through June 3, 2022. A revised Draft Housing Element was submitted to the California Department of Housing and Community Development (HCD) on July 5, 2022 for a 90-day review period. This includes Appendix C with Governmental Constraints H-D-9-b Pre-Permit Review
Process
Continue to hold pre-application reviews of affordable
housin
g projects. Ongoing Ongoing. The City provides a pre-application review by the Interdepartmental Evaluation Committee (IDEC), providing quick (approximately one week turnaround) and early feedback to applicants.

H-D-9-c Minimum Density
Requirements
Consider enacting minimum density requirement to
prevent use of land zoned for multiple-family use for
lower density housing in order to make more efficient
use of the limited opportunity to provide additional
housin
g.
2016
On Devember 1, 2022, Planning Commission held a Regular Public Meeting and adopted multiple resolutions to recommend to City Council to approve text amendments and map amendments to the zoning map related to the Housing Element. Approval for these recommendations to be completed in early 2023.

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
133

12 3 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 H-D-9-d Zoning Incentives
Evaluate zoning incentives that encourage the
development of diverse housing types such as smaller
more affordable unit and 2- and 3-bedroom units for
families.
2016
The Triton Pointe development approved in 2012 and The Waverly approved in 2013 included some waivers to the minimum square footage requirements in order to allow slightly smaller units.

On Devember 1, 2022, Planning Commission held a Regular Public Meeting and adopted multiple resolutions to recommend to City Council to approve text amendments and map amendments to the zoning map related to the Housing Element which includes rescinding Chapter 17.56, Floor Areas. These amendments were adopted in January 2023.

H-D-9-e Reevaluate Parking
Requirements
Conduct a study of whether, how and when to modify
parking requirement to allow higher densities and
reduced housing costs in areas appropriate for reduced
parking requirements.
2016
The Triton Pointe and Waverly development approvals included use of the reduced parking standards pursuant to State Housing Density Bonus law and also provided parking analyses to verify the adequacy of the proposed parking.

No action in 2022.

H-D-9-f Development Fee
Waivers
Where appropriate and feasible, continue to allow
waivers of development fees as a means for promoting
BMR housin
g.

Ongoing
Adopted waivers for Development Impact Fees on June 20, 2022 by City Council.

H-D-9-g Nonconforming
Uses
Allow use of development agreements and amend
Chapter 17.70, Nonconformity Uses, of the Foster City
Municipal Code to reduce or eliminate disincentives to
having an existing non-residential site zoned for
housing. Allow non-conforming uses to continue
indefinitely on sites zoned for housing and also allow
them to be expanded or rebuilt if destroyed.
2016 Included in Pilgrim Triton Development Agreement.

H-E-2 Private Development
of Affordable Housing –
Inclusionary Requirement.

Encourage the provision of affordable housing by the
private sector through: a. Requiring that 20% of the
units, excluding bonus units, in residential projects be affordable (an inclusionary requirement). b. Requiring
construction or subsidy of new affordable housing as a
condition for approval of any commercial development
which affects the demand for housing in the City. c.

Providing incentives to encourage the provision of
affordable housing as provided in Policy H-E-3.

Ongoing
On July 15, 2021, the Planning Commission held a Study Session on an Inclusionary Housing Ordinance (RZ2021- 0004 & GP2021-0002).

On October 21, 2021, the Planning Commission conducted a Study Session to continue the discussion on an Inclusionary Housing Ordinance (RZ2021-0004 & GP2021-0002).

On March 7, 2022, City Council approved an ordinance to add a new Chapter 17.90, Below Market Rate Inclusionary Housing Program; an ordinance to add Chapter 17.92, Affordable Housing Overlay Combining District; an ordinance to amend certain zoning maps to zone certan properties within the AHO Combining District, and; a resolution to adopt a BMR Housing in-lieu fee. Inclusionary units have been provided in all new housing developments in the RHNA 5 c
ycle.

H-E-1-a Funding for
Affordable Housing
Conduct the necessary nexus study to enable
consideration of housing impact fees. Ongoing
On November 21, 2016 and December 19, 2016, the City Council adopted code amendments and Affordable Housing Commercial Linkage fees that went into effect on February 17, 2017. On June 20, 2022, City Council approved a resolution adoptig a nexus study and updated charges for commercial linkage fees along with other devlopment im
pact fees (DIFs).

H-E-1-b Existing Unit
Purchase Program
Continue to maintain the existing units owned by the
City as rentals for large very low- and low-income
families. Purchase existing older units to provide
affordable rental housing. Strive not only to avoid a
concentration of affordable units in any one location or area, but to disperse affordable units throughout the
community to complement and enhance the diversity
that is already found in the City. Target units that need rehabilitation and thereby improve the neighborhood in
which they are located.

Ongoing
Six units continue to be rented to very low- and low-income families. City hired a Housing Coordinator in December 2022 to oversee all non-development housing related activities, including monitoring the program and associated contractors for the program.

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
134

12 3 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 H-E-1-c First-Time
Homebuyer Program
Continue to monitor the existing First-Time Homebuyer
loans. Deposit any payoffs into the City’s Affordable
Housin
g Fund.

Ongoing
As of December 31, 2022, a total of 34 loans have been made, with 2 loans still outstanding. No additional loans are being made due to the termination of CDA funding for the program.

H-E-1-d Homeowner Rehab
Loan Program
Increase use of CDBG loans administered by the
County, through improved promotion and publicity to
residents; tar
get the elderly.

Ongoing County discountinued the program.

H-E-3-a Density Bonuses
for Affordable Housing
Projects Consistent with
State Densit
y Bonus Law
Offer density bonuses consistent with State Density
Bonus Law. Ongoing The Triton Pointe and Waverly developments utilized the State Housing Density Bonus Law, specifically the lower parking requirements.

H-E-3 b Financing and
Subsidy Programs
Encourage project sponsors to apply for available
federal, state and locally subsidized new affordable
construction programs, including subsidies for
extremely low income, very low income, and low
income housing, by providing technical assistance on
available programs and supporting data, structuring
development agreements and other requirements to
match program funding criteria, as appropriate and
possible, and leveraging tax increment financing when
possible. The City will also lobby Federal and State
elected officials for housing legislation that includes appropriations for low and moderate income housing
programs.

Annual and ongoing Project sponsors were made aware of available housing subsidies, specifically HEART loans and County funds.

H-E-3-c Cooperative
Ventures
Encourage cooperative and joint ventures between
owners, developers and non-profit groups to provide
BMR housin
g.

Ongoing The City has been an active partner with Mid-Peninsula Housing in the development of the Alma Point project. The City is also working with SummerHill on the workforce housing component of Pilgrim Triton Phase C.

H-E-4-a Maintain Owner
Occupied BMR Units
Administer agreements for existing ownership BMR
units to ensure continued affordability. Ongoing Ongoing. Owner-occupied BMR units in Emerald Bay ar e reviewed annually for compliance with regulatory agreement H-E-5-a Maintain Existing
Rental BMR Units
Administer the agreements for rental BMR units,
including the review of required reports and responding to questions and complaints, to ensure the continued
affordability of these units for the terms of their
a
greements.

Ongoing City staff reviews annual reports for 446 rental units in 10 properties and responds to questions and complaints.

H-E-5-b New Agreements
for Affordability of Existing
Rental Units
If a source of funding can be identified, work with
owners of existing rental units to include or extend
affordability agreements.

Ongoing
In 2020, the City worked with Essex Properties on an agreement to set aside approximately $800,000 in rental
assistance for the tenants at Foster's Landing to extend the affordability of the units for another year. This was made possible by a 50/50 split between Essex and the City, to cover the difference between the tenant paid rent and market rate rent for the below market rate tenants at Foster's Landing affected by the expiration of the affordable housing covenant to prevent homelessness. City Council approved the Post BMR Expiration Rent Agreement on September 18, 2020 and in 2021, the City in partnership with Essex Properties, provided approximately $454,626.94 in rental subsidies.

On September 1, 2021, the City and the County of San Mateo Department of Housing executed an Agreement to provide funds for the City's Emergency Relocation Assistance and Rent Subsidies Program.

H-E-5-c Adopt Notice
Requirements for “At Risk”
Units
Adopt an ordinance requiring a one-year notice to
tenants of existing affordable rental units that
affordabilit
y restrictions are due to expire.
2018 Pursuant to Government Code Sections 65863.10, 65863.11, and 65863.13, State Preservation Notice Requirements Rights and Responsibilities, in addition to 3-year notices, one-year and 6-month notices are required.

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
135

12 3 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 H-E-5-d Minimize Impacts
of Expiration of Affordability
Covenants
Work with landlords, tenants and other agencies prior
to the expiration of affordability covenants to minimize the impacts of the expiration of affordability covenants through extension, use of rental vouchers, preference
at other affordable housing sites or other means.
2018
City staff, Essex, and HIF (Housing Industry Foundation) met on a weekly basis to discuss housing placement progress, other strategies, resources, and other updates regarding the expiration of the affordability covenant at Foster's Landing.

In 2020, the City worked with Essex Properties on an agreement to set aside approximately $800,000 in rental assistance for the tenants at Foster's Landing to be able to remain in affordable units for another year. This was made possible by a 50/50 split between Essex and the City, for the below market rate tenants at Foster's Landing affected by the expiration of the affordable housing covenant to prevent homelessness. City Council approved the Post BMR Expiration Rent Agreement on 9/18/2020. In 2021, the City in partnership with Essex Properties, provided approximately $454,626.94 in rental subsidies in order to extend the affordability of the Phase I Units at Foster's Landing.

On February 1, 2021, the City Council approved the Early Relocation Assistance Program which aims to provide the residents of Foster’s Landing Below Market Rate Program, scheduled to expire between December 31, 2020 and December 31, 2023, with financial assistance to off-set the up-front cost associated with relocating and assist the residents in finding replacement housing and minimize the impacts of the expiration of the affordability covenants. To date, the City and Essex has processed 16 applications totalling approximately $109,969.36 in relocation assistance.

On January 14, 2021, the City applied for the Permanent Local Housing Assistance (PLHA) Grant from San Mateo County and was awarded $643,636 to fund the Relocation Services & Rent Subsidy Program.

On September 20, 2021, the City executed an agreement with HIF for $100,000 to Provide Tenant Relocation Services and administer the Emergency Rental Subsidy Program for the tenants at Foster's Landing to minimize the impacts of the expiration of the affordability covenants.

On September 1, 2021, the City and the County of San Mateo Department of Housing executed an Agreement to provide funds for the City's Emergency Relocation Assistance and Rent Subsidies Program.

H-E-5-e Affordable Housing
Preference for Displaced
Residents
Consider an amendment of the affordable housing
preferences adopted by city Resolution 2000-123 to
include tenants displaced by termination of affordability restrictions.
2018
On March 18, 2020, City Council Approved Resolution 2020-24, an amendment of Resolution 2000-123 to include tenants at-risk of displacement because of termination of affordability restrictions and place them in the top tier (1a) of the affordable housing preference category
H-E-6-a Homeshare
Program
Continue to work with HIP to expand the existing
outreach program for the Homeshare Program for both
rental and ownership housing, including outreach to
extremely low and very low income persons.
15 new matches per year
Since FY 2007-08 through 2021, HIP has placed 129 people from Foster City into shared housing arrangements; provided information and counseling to 547 Foster City residents or workers, and helped 11 families complete the self- sufficiency program. In 2022, HIP fielded 40 calls from Foster City residents who inquired about housing services.

There were 19 residents and 6 individuals who work in Foster City who applied to the Home Sharing program and provided housemate referrals and community resource information. During the calendar year, there were 11 residents and 6 individuals who work in Foster City who were in Home Sharing matches either formed during 2022 or prior to 2022. There was 1 family who participated in the Self Sufficiency Program representing 1 adult and 1 child.

H-E-8-a BMR Eligibility
Guidelines
Implement BMR selection guidelines based on BMR
Eli
gibility Priorities. Ongoing Ongoing. Staff continues to provide support to all BMR Managers for all of the housing developments in Foster City with inclusionary units on the eligiblity guidelines in addition to other fair housing practices.

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
136

The City will continue to allow room additions to smaller homes that are compatible with the neighborhood,
subject to the requirements of the Architectural and
Solar Guidelines. These room additions provide
affordable housing opportunities by allowing families to more economically meet their needs than by moving
and
purchasing a new home.

Ongoing Staff continues to process and review Architecture Review applications for room additions in 2022. Staff processed and approved 12 Architectural Review applications in 2022.

H-F-1-a Non-Discrimination
Ensure that state and federal laws are adhered to
regarding fair housing. The City will assist local non- profit organizations, as appropriate, to provide public information and education services.

Ongoing Ongoing. Staff continues to audit Property Status Reports to ensure non-discriminatory practices as well as investigate all allegations of discrimination.

H-F-1-b Anti-Discrimination
Ordinance and Zoning
Definitions
Provide information to landlords advising them of the
City’s Anti-Discrimination Ordinance to prohibit
discrimination based on the source of a person’s
income or the use of rental subsidies
Ongoing Ongoing. Staff continues to pr ovide the City's Anti-Discrimination Ordinance to landlords and tenants.

H-F-2-a Facilities/Services
for Special Needs
Support housing that incorporates facilities and
services to meet the health care, transit or social
service heeds of households with special needs,
including seniors, extremely low income households
and persons with disabilities.

Ongoing
Ongoing. The City contributed funding for the 66-unit Alma Point Senior Apartments completed in 2016 which includes 65 very low-income and extremely low-income units, 5 units for persons with specified health care needs, and 2 units for homeless. The City approved the 131-unit/24 bed Atria Assisted Living facility completed in 2016. The City included 4 accessible units in the 22-unit Workforce Apartments completed in 2022. Senior market rate condominiums (200 units) at Foster Square were completed. In addition, there are 4 licensed Adult Residential care homes and 6 licensed Assisted Livin
g care homes in the City.

H-F-2-b Victims of Domestic
Violence
Assist victims of domestic violence by coordinating with and providing referrals to existing service agencies
providing legal assistance, hotline, and emergency
housing and prevention services to victims of domestic
violence. In addition, in coordination with existing
service providers, determine any other actions the City can take to assist persons in Foster City.

Ongoing Ongoing. Police Department provides c oordination with other service providers.

H-F-2-c Density Bonuses for
Handicapped Access
The City may allow a one-for-one density bonus up to
25% of the number of units otherwise allowed, for
developers who provide actual handicapped access
features and fixtures.

Ongoing Ongoing
H-F-2-d
Adaptable/Accessible Units
The City will ensure that new multi-family housing
includes units that are accessible and adaptable in
conformance with the Buildin
g Code.
2% of units built
Ongoing. Accessible and adaptable units are required in new developments. Four accessible units in the Workforce Apartments were affirmatively marketed to people/groups with disabilities. Between 2015 and 2022 161 accessible and 234 ada
ptable units were constructed.

H-F-2-e Reasonable
Accommodation.

Utilize Chapter 17.84, Reasonable Accommodation, to
ensure equal access to housing. Ongoing Ongoing. No request submitted in 2022.

H-F-2-f Home Sharing
Program
Support the HIP Housing Home Sharing Program as
part of a collection of policies, programs and practices for addressing special housing needs, including
seniors, those living with disabilities, those at risk of homelessness and female head of households.

Ongoing
Ongoing. The City continues to work with the HIP Homeshare Program pursuant to a 2005 agreement and distribute Home Sharing Flyers. In 2022, HIP fielded 40 calls from Foster City residents who inquired about housing services.

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
137

12 3 4
Name of Program Ob jective Timeframe in H.E Status of Pro gram Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583 H-F-2-g Support Services
for Special Needs
Work with service providers to facilitate the provision of support services to enable people to receive services in their homes, including persons at risk of homelessness, seniors, persons with mental or physical disabilities,
multiple diagnoses, veterans and victims of domestic
violence.
2016 and ongoing
Ongoing. The City Parks and Recreation Department provides activities and resources for seniors; the City supports the Foster City Village, a nonprofit providing mobility, practical assistance, access to services, social connections and educational opportunities. The City supports Ombudsman Services of San Mateo County.

H-F-2-h Expansion of BMR
Eligibility Guidelines for
Disabled Persons
Consider expansion of the BMR Eligibility Priorities
adopted by City Resolution 2000-123 to include
persons with disabilities.
2016 No action in 2022.

H-F-3-a Emergency
Housing Assistance
Participate and allocate funds for County and non-profit programs providing emergency shelter and related
counselin
g services.

Ongoing Funding was provided to social service agencies, including CALL Primrose, HIP Housing, Samaritan House & InnVision/Shelter Network.

H-F-3-b Emergency Shelter
Uses
Contribute a portion of Housing Set Aside fund to non-
profit agencies involved in providing housing for the
homeless. The City will also review proposals for
emergency shelter uses based on the policies in the
General Plan and other City development standards
and re
quirements.

Ongoing Funding was provided to several housing/social service agencies, including CALL Primrose, HIP Housing, Samaritan House & InnVision/Shelter Network.

H-F-3-c Multi-Jurisdictional
Emergency Shelter
The City will consider participation in a multi-
jurisdictional emergency shelter should one be
proposed in the future.

Based on opportunity and feasibility of a
proposal. No multi-jurisdictional shelter proposed in 2022.

H-F-3-d Emergency Shelter
Zoning
The City will allow emergency shelters as a provided in Cha
pter 17.82. Ongoing Updates to Chapter 17.82 preapred in 2022 and adopted in January 2023. No emergency shelters were proposed.

H-F-4-a Transitional and
Supportive Housing Zoning
Enforce existing zoning regulations that allow
transitional and supporting housing, as required by
State law, so they are treated as a residential use that will be subject only to the same restrictions that apply to other residential uses of the same type in the same
zone.

Ongoing Ongoing.Updates to zoning regulations prepared in 2022 and adopted in January 2023. Permits were issued for a transitional care home.

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
138

Jurisdiction Foster City Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
12 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
The City has not designated any property as
surplus.

NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For San Mateo County jurisdictions, please format the APN's as follows:999-999-999

6.1 Attachment 3 - Tables A2, B, D, & H of APR Reporting  
 
139

DATE: March 20, 2022
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Derek Schweigart, Parks and Recreation Director
Justin Lai, Senior Engineer
SUBJECT: AWARD OF AN AGREEMENT FOR CONSTRUCTION MANAGEMENT

AND SUPPORT SERVICES WITH GRIFFIN STRUCTURES FOR THE
RECREATION CENTER REBUILD PROJECT (CIP 301-678)

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

1. The Mayor to execute the attached agreement with Griffin Structures in the amount not-to-exceed $1,890,000 to provide construction management and support services for the Recreation Center Replacement Project (CIP 301-678); and

2. A project contingency in the amount of $283,500 with authority given to the City Manager to execute contract amendments up to the contingency amount.

EXECUTIVE SUMMARY
The Recreation Center is nearly 50 years old and necessary investment in infrastructure improvements are required to meet current structural, seismic, and programmatic needs; as well as emergency shelter readiness. CIP 301-678 involves the replacement of the City’s Recreation Center using a build-to-budget approach.

Execution of the consultant agreement with Griffin Structures will allow the process for the new Recreation Center to proceed. The consultant agreement will include pre- construction assistance, plan checking, bidding, construction management, project closeout, post construction and warranty inspections. Griffin Structures was selected from six (6) firms that submitted proposals. The fees in the amount of $1,890,000 have been negotiated and determined reasonable based on the scope of services. Funding in the amount of $2,173,500 is available in the approved project budget for construction

7.1 7.1 Staff Report

140

management services. With the execution of the agreement, Griffin Structures will begin work to perform pre-construction support services.

BACKGROUND
In 2016, the City Council began exploring a rebuild of the Recreation Center. The City Council first authorized a Recreation Center Master Plan Study as a component of the Fiscal Year (FY) 2016-2017 budget and received extensive public outreach during that time as a first step in developing a Recreation Center Master Plan. In FY 2017-2018, the project was added to the 5-Year Capital Improvement Program to identify initial and on- going funding for the project and the City Council took further steps to identify the issues and estimated costs to address the Center and its surroundings to meet the current and future recreation needs of the community. In FY 2018-2019, the City Council received the Conceptual Design Plan Report and in 2019 agreed on a design concept, but ultimately opted for a "build to budget" project scope and the project was also placed on hold.

In 2021, the City Council requested to revisit the Recreation Center Project. At the regular City Council meeting on August 2, 2021, staff provided a status update on the project including an update on the project’s community engagement process and draft Recreation Center and Parks System Survey. The community survey was used to validate programming and use options, and how those may have changed as a result of the COVID-19 pandemic. At City Council Special Meeting on January 31, 2022, staff presented the survey results including funding options and additional information regarding the build process and design options. The City Council accepted the survey results and proposed to move forward with the “build-to-budget” option with a not-to- exceed budget of $55 million.

On November 21, 2022, the City Council awarded the professional design, bidding, and construction support services to Group 4 Architecture, Research + Planning, Inc. Group 4 Architecture will also be preparing the analysis of the environmental review for the project. The project is currently in the program confirmation/schematic design phase, which began in January 2023, and expected to extend through construction of the project which is anticipated to be completed in 2026.

ANALYSIS
On December 5, 2022, the City Council adopted Resolution No. 2022-133 authorizing staff to issue the Request for Proposal (RFP) to provide construction management support services for the Project.

The RFP was posted on the Foster City website and distributed to consulting firms. The City received six (6) proposals by the end of the advertisement period. Staff reviewed the submitted proposals based on a qualification-based selection process and narrowed it down to the following three (3) firms for an in-person presentation and interview:
•Gilbane Building Company

7.1 7.1 Staff Report

141

•Swinerton Management & Consulting
•Griffin Structures
An evaluation committee that included representation from the Public Works Department, Parks and Recreation Department, and Group 4 Architecture attended the interview.

Following the interview process, the evaluation committee deliberated and determined Griffin Structures to be the best firm for the project. Griffin Structures has put together an exceptional team of consultants encompassing all the necessary fields to complete the project. They are a well-established company with significant experience performing similar work on like projects throughout the peninsula. Out of all the firms, Griffin Structures understood Foster City’s needs and were the most qualified.

The proposal from Griffin Structures was reviewed and the fee negotiated in the amount of $1,890,000. The fees were determined reasonable and fall within the customary range for construction management services of this magnitude and terms of the discounts were determined reasonable.

The scope of services for this project includes pre-construction assistance, plan checking, bidding, construction management, inspections, project closeout, post construction, warranty inspections, etc.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Approval of this agreement for pre-construction services with Griffin Structures is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment. The environmental analysis for the Recreation Center Rebuild Project itself is being conducted by Group 4 Architecture.

FISCAL IMPACT
The proposed fees in the amount of $1,890,000 have been negotiated and determined reasonable based on the scope of services. Additionally, a project contingency in the amount of $283,500 or 15% of the contract amount is recommended to pay for additional services to mitigate unforeseen tasks or for additional services that may be required.

The City Council’s approval of the attached resolution will allow staff to proceed with the pre-construction portion of the project. Staff anticipates that the construction management phase and closeout will be completed by June 2026.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA

Facilities and Infrastructure

7.1 7.1 Staff Report

142

Attachments:

Attachment 1 - Resolution
Attachment 2 - Agreement

7.1 7.1 Staff Report

143

4 1
0 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING AN AGREEMENT IN THE AMOUNT OF $1,890,000 WITH GRIFFIN

STRUCTURES FOR CONSTRUCTION MANAGEMENT AND SUPPORT SERVICES FOR THE RECREATION CENTER REBUILD PROJECT (CIP 301-678)

CITY OF FOSTER CITY
WHEREAS, City Council began exploring a rebuild of the Recreation Center in 2016, which resulted in a Recreation Center Master Plan Study; and WHEREAS, City Council received a Conceptual Design Plan Report in 2019 and agreed on a conceptual design, but ultimately opted for a “build to budget” project scope that was placed on hold; and
WHEREAS, City Council decided to move forward with the project and awarded a design, bidding, and construction support services agreement to Group 4 Architecture, Research + Planning, Inc. On November 21, 2022; and
WHEREAS, City Council adopted Resolution No. 2022-133 on December 5, 2022, approving the Request for Proposals for CIP 301-678 for construction management and support services; and
WHEREAS, the Request for Proposal was advertised and six (6) consulting firms submitted proposals; and
WHEREAS, as a result of a Qualification Based Selection process, Griffin Structures was selected by reason of their in-depth project understanding, experience and specialized skills to provide the services desired by the City; and WHEREAS, the terms and fees of the consultant agreement have been negotiated and determined reasonable based on the scope of services to be provided; and WHEREAS, funding in the amount of $2,173,500 is currently available for the construction management phase in the approved project budget; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize:

1. The Mayor to execute the agreement with Griffin Structures in the amount not-to- exceed $1,890,000 to provide construction management and support services for the Recreation Center Rebuild Project (CIP 301-678);

2. A project contingency in the amount of $283,500 with authority given to the City Manager to execute contract amendments up to the contingency amount.

7.1 Attachment 1 - Resolution

144

4 1
0 BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreements, in the forms attached hereto, with minor, non-substantive revisions that may be approved by the City Manager and the City Attorney, and to execute any other necessary documents to effectuate the terms of the Agreement.

PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 20th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

7.1 Attachment 1 - Resolution

145

Recreation Center Replacement Project (CIP 301-678) 1 PR

OFESSIONAL SERVICES AGREEMENT
FOR
RECREATION CENTER REBUILD PROJECT (CIP 301-678)
T
his Agreement is made and entered into as of the 20th day of March, 2023 by and between the City of Foster City hereinafter cal led "CITY " and Griffin Struct ures hereinafter called "CONSULTANT".

RE CITALS
T
his Agreement is entered into with reference to the following facts and circumstances:

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

TERMS AND CONDITIONS

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

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

W
here in conflict, the terms o f this Agreement supersede and prevail over any terms set forth in Exhibit A.

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

7.1 Attachment 2 - Agreement

146

Recreation Center Replacement Project (CIP 301-678) 2 w
hich case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may ter minate perfo rmance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, an d CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

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

N
otwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum One Million Eight-Hundred Ninety Thousand Dollars ($1,890,000). Invoices for amounts in excess of One Million Eight-Hundred Ninety Thousand Dollars ($1,890,000) shall not be paid unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of perform ing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $ 50,000 or more) evidenced by motion d uly made and carried and a written contract amendment having been executed.

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

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

7.1 Attachment 2 - Agreement

147

Recreation Center Replacement Project (CIP 301-678) 3 r
easonably accepts such deliverables as meeting the requirements of this Agreement. In cases wher e CONSULTANT has partially completed one or more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for S ervices performed before this Agreement's execution.

4. Employee Wages; Rec ords; Apprentices: Consultant shall pay prevailing wages to its employees on any agreement in excess of $1,000.00. Copies of the general prevailing rates o f per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Depart ment of Industrial Relations, are on file at the County’s Capital Projects Office and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL /DPreWageDetermination.htm].

Consultant shall comply with the 8- hours per day/40 hours per week/overtime/working hours restrictions for all employees, purs uant to the California Labor Code. Consultant and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Consultant shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If the Agreement exceeds $2,000 and is funded with federal funds, then Consultant shall pay federal Davis Bacon wages and comply with applicable federal requirements.

5. Additional Services . In the event CITY desires the performance of additional services not otherw ise included within the services d escribed in Exhibit A, such services shall be authorized in advanc e of the performance thereof by the City Manager (for contracts less than $50,000) or City Council (for contracts $ 50,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor , the time of performance thereof, and such other matters as t he 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.

7.1 Attachment 2 - Agreement

148

Recreation Center Replacement Project (CIP 301-678) 4

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

7. Authorization. This Agreement becomes effective when endorsed by bot h parties in the space provided below.

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

C
ONSULTANT represent s that it has reviewed Exhibit A and that in its professional judgment the Services to be performed under this Agreement can be perf ormed for a fee wit hin the maxi mum amount set forth in the Compensation Schedule established in E xhibit A and within the tim es specified for each individual Project.

CO
NSULTANT represents that it possesses all necessary training, licenses and permits to p erform the Service s and that i ts performance of the Services will conform to the standards of practice of a professional having exper ience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

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

9. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY.

7.1 Attachment 2 - Agreement

149

Recreation Center Replacement Project (CIP 301-678) 5

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

CONSULTANT shall pay all p ayroll taxes imposed by any governmental entity and shall pay all other taxes not specifically ident ified in this Agreement as CITY’s responsibility.

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

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

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

7.1 Attachment 2 - Agreement

150

Recreation Center Replacement Project (CIP 301-678) 6 T
he duty of CONSULTANT to indemnify and save harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall b e constru ed to require CONSULTANT to indemnify City of Foster City and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

CO
NSULTANT’s responsibility for such defense and indemnity obligations shall survive t he terminatio n or completion of this Agreement for the full period of time allowed by law.

T
he 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.

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

CONSULTANT shall maintain all required insurance throughout the ter m of this Ag reement and as otherwise provided in EXHIBIT C. In the event CONSULTANT fails to maintain any required insurance, a nd notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain premium amounts from any sums due CONSULTANT under this Agreement (or CONSULTANT shall promptly reimburse CITY for such expense).

CO
NSULTANT shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following completion of this project or service.

In the event CONSULTANT fails to obtain or maintain complet ed operations coverage as required by this Agreement, the CITY at its sole discretion may purchase the coverage required and the cost will be paid by CONSULTANT.

14. Workers’ Compensation. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or t o undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies tha t he will comply with such provisions before commencing the performance of the work of this agreement.

7.1 Attachment 2 - Agreement

151

Recreation Center Replacement Project (CIP 301-678) 7

15. Non-Discrimination. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed and the employees are treated during employment without rega rd to their race, color, religion, sex or national origin. Such action shall include, but no t be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101- 336) which prohibits discrimination on the basis of disability by public entities. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

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

CI
TY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention:Derek Schweigart
CO
NSULTANT: Griffin Structures
1 Technology Drive, Bldg. I Suite 829
Irvine, CA 92618
(408) 955-0431
George Sanen
[email protected]

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

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

19. 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.

20. Governing Law. This Agreement shal l be deemed to have been executed in the County of San Mateo, Cali fornia. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. Any suit or action initiated

7.1 Attachment 2 - Agreement

152

Recreation Center Replacement Project (CIP 301-678) 8 by
either party shall be brought in the County of San Mate o, California unless the parties agree otherwise in a written amendment to this Agreement. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of l itigation of the successful party.

21. Mediation. Should any dispute arise out of this Agreem ent, the par ties shall meet in medi ation and attempt to reach a resolution with the assistance of a mutually accept able mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to r each a mediated resolution. The cos ts of the mediator, if any, shall be paid equally by the parties. If a mediate d settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own l egal costs.

22. Conflict of Intere st. CONSULTANT represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, CONSULTANT represents to and agrees with C ITY that CONSULTANT has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, shar e ownership, shared management, shared directors, or reporting responsibilities) CONSULTANT may presently have, or will have in the future, with respect to any other person or entity (including but not limited to poten tial supplie rs, vendors, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

23. Liability of CITY.

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

CI
TY shall not be responsible for any dama ge to persons or property as a result of the use, misuse or failure of any equipment used by CONSULTANT, or by any of its employees, even th ough such equipment

7.1 Attachment 2 - Agreement

153

Recreation Center Replacement Project (CIP 301-678) 9 be f
urnished, rented or loaned to CONSULTANT by CITY. Th e acceptance or use of such equipment by CONSULTANT or any of its employees shall be construed to mean that CONSULTANT accepts full responsibility for and shall exonerate, indemnify, defend and save harmless CITY from and against any and all claims for any damage or injury of any type, including attorneys' fees, arising from the use, misuse or failure of such equipment , whether such damage be to the CONSULTANT, its emp loyees, CITY employees or third parties, or to property belonging to any of the above.

Not
hing in this Agreement shall constitut e a waiver or limitation of any right or remedy, whether in equity or at law, which CITY or CONSULTANT may have under this Agreement or any applicable law. All rights and remedies of CITY or CONSULTANT, whether under this Agree ment or other applicable law, shall be cumulative.
24 Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall no t be deemed to be a waiver of a ny other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agr eement is modified as provided below.

25. Force Majeure. Excep t for defaults of subc onsultants a t any tier, CONSULTANT shall not be liable for any excess costs if the failure to perform the Agreement arises from causes beyond the control and without the fault or negligence of CONSULTANT, including without limitation failure to reasonably mitigate any adverse impacts (Force Majeure) .

Force Majeure events include the following:

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

26. Entire Agreement. This Agreement, including Exhibi ts A , B , C, and D comprises the entire Agreement.

7.1 Attachment 2 - Agreement

154

Recreation Center Replacement Project (CIP 301-678) 10 I
N W ITNESS WHEREO F, the parties hereto have caused this Agreement to be executed on the date first a bove written by their respective officers duly authorized in that behalf.

ITY OF FOSTER CITY
Dated: _________________________________
Jon Froomin, Mayor
A
TTEST:

Dated: ________________________________
Priscilla Schaus, City Clerk
APPR

OVED AS TO FORM
Dated:

Benjamin Stock, City Attorney
CO

NSULTANT
Dated:

Jon Hughes, President
Griffin Structures

7.1 Attachment 2 - Agreement

155

Recreation Center Replacement Project (CIP 301-678) 11 EXHI
BIT A
SERVI

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

DELIVERABLES FOR
RECREATION CENTER REBUILD PROJECT (CIP 301-678)
SERVI

CES TO BE PROVIDED
This is an Exhibit attached to, and made a part of and incorporated by reference to the Agreement dated March 20, 2023, by and between G riffin Structures, hereinafter r eferred to as " CONSULTANT" and the City of Foster City, hereinafter referred to as "CITY" providing for professional services.

1. De
scription of the Project:

DES
CRIPTION: CIP 301- 678 involves the replacement of the City’s R ecreation Center. T he current center, located at 650 Shell Boulevard, was opened to the public in 1974. Due to its location as a central amenity in Foster City’s Leo Ryan Park, the center is a hub of acti vity in the community. The current Recreation Center consists of the original building that was built in 1974 and two expansion wings that were constructed in the 1990s. The current structure c ontains approximately 18,500 square feet of meeting room/user space in the 36,000 square foot building, with the rema ining space allocated to lobbies, storage, mechanical rooms and long hallways to access the phased additions. To assist with the rebuild project, a construction manager is needed to help throughout the design and construction of the project.

2. Basi
c Services:

The CIT
Y has developed a general scope of work as described below which may include, but is not limited to:

Task 1 – Pre Construction Phase
a. Construction Management Coordination/Value Engineering Review Perform a constructability review of the Des ign C onsultant’s co ntract document submissions, provide input relative to means and methods of construction, duration of construction, and constructability; provide written comments on adherence to the City’s program requirements, schedule, budget, value eng ineering recommendations, life c ycle cost a nalyses, and the coordination of the various disciplines, including civil, grading, demolition, structural, architectural, mechanical, electrical, HVAC, plumbing, interior finishes, FF&E, and landscape. Continuo us reviews shall be as determined by the City , the Design Consultant and the Construction Manager (CM). Formal submittals shall be reviewed according to the following schedule:
• 100% Schematic Design
• 100% Design Development
• Use Permit Submittal
• 50% Construction Documents
• 75% Construction Documents
• Final Construction Documents (includes Addenda)
b. Project Budgeting
Review and refine the current budget. CM shall work with the City and design team on updating the budget as work progresses.

7.1 Attachment 2 - Agreement

156

Recreation Center Replacement Project (CIP 301-678) 12 c. Project Schedule
Develop, manage and m aintain a detailed project schedule for the construction phas e ac
tivities of the project utilizing a software program that is based on the critical path method of scheduling. The schedule shall reflect the project design and construction milestones. The CM shall identify the software they propose to utilize for the construction schedule in their proposal. The CM shall coordinate with the contractor to maintain a
pr
oject schedule.
d. Monthly Report
Provide a detailed cash flow tracking syst em for the Project to be approved and accepted by the City. Update the cash flow spread sheet monthly or as otherwise required. e. Professional Consultants
Assist the City, if required, in selecting and retaining the professional services of surveyors, spec ial consultants an d testing laboratories, roofing/waterproofing and other consultants as deemed necessary, and coordinate their services. f. Temporary Facilities
Assist the City, if required, in researching and selecting temporary facilities for t he
c
ontinuation of programming and staff offices.
g. Storm Water Pollution Plan
Review the storm water pollution prevention plan, coordinate the required work, and monitor that the work is implemented in the field.

Task 2 – Plan Check & Bidding Phase

1. Public Relations Activities
Assist the City i n public relations including, but not limited to, preparation of Project information and attending internal and public meetings as required, including site meetings. CM shall provide their assumed level of effort (LOE) associated with this task.

2. A
ddenda Review
Administer the addenda process and provide a review of each addendum during the bid phase for time, cost, and constructability impact, and make appropriate comments and recommendations.

3. B
id Review, Evaluation and Recommendations
In cooperation with the design team, the CM shall assist the City in pre- qualification process, the bid openings, and evaluation of the bids for completeness, full responsiveness and price, including alternate prices and unit prices (as a pplicable). Make a formal report to the City regarding the potential award of the Contracts, receive the bids, review the bids and prepare a bi d ev
aluation and recommendations for the selection of bidders. Assemble and organize the Contracts as require d t o perform the work by the plans and specifications for the Project. All construction work for the Project shall be competitively bid when required by law and awarded i n no m
ore than 90 days in accordance with normal requirements for general contractors . If the Project is funded with a ny State or Federal funds, CM shall comply with all applicabl e r
equirements.

4. R
ebidding
In the event the bids for a trade or item of work exceed the Project Budget for that trade and th e C
ity authorizes re‐bidding of that trade, cooperate in revising the scope and the quality of work as required to reduce the construction costs for the Project.

7.1 Attachment 2 - Agreement

157

Recreation Center Replacement Project (CIP 301-678) 13 Task 3 – Construction Phase

1. Pre-Construction Setup
• Set up project office, as needed, including coordinating computer equipment with the City’s IT Department. May require consultant to lease a space. Provide number of office spaces required and/or office space square footage required. • Understand the City’s Electronic Filing System for project documents. • Recommend Construction Management System software for project. • Set up both electronic and hard copy filing as agreed to with the City, and maintain project document files.
• Ensure CM personnel are trained to safely access the site and perform their duties. • Perform field inspections and investigation as necessary to document the condition of the site prior to construction, including taking photographs, measurements, videos, etc.

2. Pr
e‐Construction Conference(s)
Conduct, in conjunction with the City and Design Team, pre ‐construction orientation conference(s) for the benefit of the successful contractors and orient the contractors to the various reporting procedures and site rules prior to the commencement of actual construction.

3. C
ontract Administration
In cooperation with the Design Team, administer the construction Contracts. Coordinate the preparation of construction staging areas on‐site for the Project and coordinate the preparation of the site for construction, including, but not limited to, coordinating fencing, barricades or other items reasonably necessary for efficient construction. Coordinate the mobili zation of all contractors and coordinate construction sequencing. In addi tion, provide management and r
elated services as required to coordinate work of the contractors with each other and the activities and responsibilities of the Design Team and City to complete the Project in accordance with the contract documents.

4. Meet
ings
• Coordinate and conduct construction and week ly job‐site progress meetings with the Contractors, design team and City.
• R
ecord, transcribe and distribute meeting minutes to all attendees, the City, and all other appropriate parties.
• A ssist in the resolution of any technical construction issues.

5. S
ubmittal Procedures
Establish and implement procedures with the City and Consultant Team to coordinate and review shop drawing submittals, requests for information, samples, product data, change orders, payment requests, material delivery dates and other procedures. Create and maintain logs, files and other necessary documentation. Establish a procedure for and collect certified payroll from the Contractors for the Project.

6. S
ubmittal Coordination
• Review submittals for compliance with contract documents (i.e., cover sheet, log, complete package).
• Facilitate submittal reviews by forwarding/coordinating with Design Team to perform detailed review (supplemental details and clarifications), resolution, and response.

7. R
equest For Information (RFI) Coordination
• Review RFI’s for compliance (i.e., cover sheet, log, complete package), and coordinate/forward to Design Team for detailed review (supplemental details and clarifications), resolution, and response.
• Log all RFIs and associated responses.

7.1 Attachment 2 - Agreement

158

Recreation Center Replacement Project (CIP 301-678) 14

8. Quality Assurance/Quality Control (QA/QC)
Establish and implem ent a QA/QC management plan for the Project construction which includes steps to observe, verify and document the specified level of construction quality.

9. T
hird Party Construction Coordination
• Maintain log of third-party work, e.g., PG&E, AT&T, etc., after notice to proceed issuanc e f
or Task Order No. 1.
• Request third parties to perform construction work, as required.

10. Mat
erial Submittal Review and Material Verification Testing Coordinate all testing required by the Contract Documents, Design Team or other third parties i
ncluding:
• Review and comment on Contractor’s material test submittals for conformance with contract requirements.
• Perform intermittent verification t esting (spot check) of materials to verify materials meet contract requirements.
• If requested, assist the City in selecting any special consultants or testing laboratories.

11. C
onstruction Observation/Inspection of Work Product
• Inspect Contractor’s work daily for compliance with contract requirements. • Observe that the materials and equipment being incorporated into the work are handled, stored and installed properly and adequately and are in compliance with the contract documents for the Project.
• Guard against defects and deficiencies and advise the City of any deviations, defects or deficiencies observed in the work.
• Track extra work performed at force account.
• Produce daily inspection reports, including photos, descriptions of daily activities, any corrective actions to be taken by Contractor, persons and equipment on site, and work t o
be c
ompleted the following day(s).
• Monitor record documents monthly to ensure property maintenance and completion by Contractor.
• Review contractor’s compliance with health and safety standards and regulations and report non-compliance.

12. N
on-Conforming Work
Review contractor's recommendations for corrective action on observed non- conforming work.

Make recommendations to the City and Design Team in instances where the CM observ es work t
hat is defective or not in conformance wit h the contract documents. Observe the contractor's work to verify that all authorized changes are properly incorporated in the Project.

13. E
xercise of Contract Prerogatives
Advise the City and make recommend ations for exercising the City’s Contract prerogatives, such as giving the contractor notice to accelerate the progress when the schedule goals are in jeopardy due to contractor failings, withholding payment for cause and other prerogatives when required in an effort to achieve Contract compliance.

14. E
ndorsements of Insurance; Performance and Payment Bonds Prior to contractors commencing any work on the project, the CM shall obtain from the contractors and review for compliance with the contract documents t he required insurance policy endorsements, including additional insured endorsements, certificates of liability insurance and faithful performance and payment bonds and after review and correction of any deficiencies i n
t
hese documents forward them to the C ity and the design team. Further, the CM shall insure that contractors maintain in effect the required insurance and bonds during their work on the project and shall review any subsequent renewals or changes in insurance or bonds.

7.1 Attachment 2 - Agreement

159

Recreation Center Replacement Project (CIP 301-678) 15

15. Progress Review
• Keep a daily lo g containing a record of weather, the contractors working on the site, number of workers, work accomplished, problems encountered, and other relevant data or such additional data as the City may require.
• Activities shall be assigned percentage- complete values. The report shall reflect actual progress as compared to scheduled progress and note any variances. • The CM shall identify problems encountered in accomplishing the work and recomme nd appr
opriate action to the City to resolve these problems wit h a mini mum effect on th e t
imely completion of the Project. If requested by the City, the CM shall assist t he c
ontractor(s) in preparing a recovery schedule. The recovery schedule shall reflect the corrective action costs (if any) and efforts to be undert aken by the contractor(s) t o r
ecapture lost time. This recovery schedule shall be distributed to the contractor(s), t he C
ity, design team and other appropriate parties. The report shall be delivered to the City upon completion of the Project.
• Produce Weekly Statement of Working (or Calendar) Days. • Produce Resident Engineer / Construction Manager Monthly Report.

16. Mai
ntain On-Site Records
Develop and implement a comprehe nsive document management program. Ensure that records are m aintained by the Contractor at the Project site, on a cu rrent basis: a record copy of all Contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to r ecord all changes made during construction; shop drawings; product data; samples; submittals; purchases; materials; equipment; and applicable handbooks and are ready for review by design team; Titles 21 and 24 of t he California Code of Regulations; the California Building Code; maintenance and operating manuals and instructions; other related documents and revisions which arise out of the Contracts. Maintain records in duplicate of principal building layout lines, elevations for the bottom of footings, floor levels and key site elevations. At the completion of the Project, deliver all such records to the design team so the design team may review the record as ‐built drawings, after which the as‐built drawings shall be deliver ed to the City.

17. S
chedule of Values and Processing of Payments
• Review Contr actor's schedule of values for each of the activities included in that contractor's schedule of events. Review with the design team, comment on, and approve Contractor’s Request for Payments.
• P rocess Contractor’s Approved Requests for Payments. • Notify City immediately of stop notices.

18. C
hange Management
Evaluate contractors' costs for proposed change orders and make a recommendation to the City regarding the acceptance of any proposals for a change order. The City and the design team will assist the CM in negotiating any change order costs and time extensions. • Maintain Log of Potential Change Orders.
• Maintain Log of Change Orders.
• Coordinate, review, and evaluate potential change orders and cost estimates/quotations. • Inspect and evaluate site conditions that are perceived to be different than shown in th e c
ontract documents.
• Resolve and/or facilitate resolution of conflicts with plans and existing field conditions, as well as conflicts with contract documents, if any.
• If a contract change order is required, produce contract change order, change order memorandum, independent cost estimate, time impact analysis (if applicable) for the City’s approval.
• Review, gather, and evaluate information for resolution of potential claims or disputes. • Schedule Management.
• Review, comment on, and approve contractor’s baseline schedule and updates, if any.

7.1 Attachment 2 - Agreement

160

Recreation Center Replacement Project (CIP 301-678) 16 • Evaluate cont ractor’s schedule for actual versus planned progress, and document all scheduling discrepancies and deviations.
• Review, comment on, and approve contractor’s monthly schedule submittal. • Review, comment on, and approve contractor’s Time Impact Analyses (TIA) for change orders.
• Ensure that all chan ges to any of the Contracts between the City and a contractor shall be by change order executed by the City. Prepare and distribute change order reports on a monthly basis. Identify their effect on the Contract price and Master Project Schedule.

19. C
ontractor Claims
Review with City and design team all notices of claims and claims submitted by contractors against the City for any alleged cause. Perform an evaluation o f the contents of such claims a nd mak
e recommendations to the City before the time period established by law for City response to such claims has lapsed. If requested by the City, prepare estimates and alternate estimates based on varying scenarios of the claim cause. These estimates shall be transferred to the City and shall be used in claim rulings and negotiations. If requested by the City, negotiate cl aims with the contractor(s) on behalf of the City.

20. Mont
hly Progress Reports
Prepare and distribute monthly a Project St atus Report for public consumption, along with t he mont
h payment invoice. The report shall include:
• An update of all key items required to adequately manage the Project • Overview of work accomplished, including representative photos • Work to be completed the following month
• Updated narrative of schedule of work
• E xplanation of any upcoming risks/problem areas and corrective action to be taken

21. E
quipment, Facility, Electronics and Furniture Instruction Manuals, Warranties and Releases Obtain all written materials such as operations and maintenance manuals, warranties, affidavits, r
eleases, bonds, waivers and guarantees for all equipment installed in the Project. All such materials, including equipment instruction material, keys, and documents shall be reviewed and del
ivered to appropriate City personnel.

22. C
ompletion of Contracts and Project
Notify and assist design team in preparing a list of incomplete or unsatisfactory items ("Punch‐list") and prepare a schedule for their completion. Assist the design team in determining when the Project or a designated portion thereof is complete. Prepare a summary of the status of the work of each contractor, listing changes in the previously iss ued Punch‐ list and recommending the times within which contractors shall complete the uncompleted items on the Punch‐list.

23. As-B
uilt Documents
Coordinate and expedite functions in connection with the contractor's obliga tion to pr ovide "as‐built" documents and make recommend ations for a dequate withholding of retention in the event that a contractor fails to provide acceptable "as‐built" documents.

24. T
raining Sessions
Coordinate and schedule training sessions, if necessary, for the City’s personnel and require that the contractor's obligation in providing this training is fulfilled.

25. A
ccounting Records
Establish and admin ister an ap propriate Project accounting system in conjunction with the City and maintain cost accounting records on authorized work performed under unit costs, additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.

7.1 Attachment 2 - Agreement

161

Recreation Center Replacement Project (CIP 301-678) 17

26. C
ash Flow Projections
• Develop cash flow projections for all project spending, including spending by design consultants, construction management consultants, contractor, and other third parties, to determine optimum timing for drawdowns, and contingency management. • Develop master schedule for project.
• Develop a funding model that considers project schedule changes to match available funding.
• Use refined estimates of costs to develop a cost -loaded critical path schedule that will allow for analysis of project timing and resultant cash flow needs. • Monitor project -specific spending, provide an understanding of when funding will be required, and document expenditures.

27. P
ermits
Assist the City in obtaining all necessary permits for the Project, including without limitation, building, grading, and occupancy permits.

28. I
nitial Start-up and Testing
With t he design team and the City’s maintenance personnel, observe the contractors' proper installation of utilities, operational systems and equipment for readiness and assist in their initial start‐up and testing for the Project. Coordinate and assist City in the move‐in for the Project.

29. C
ommunity Outreach
• Create and mail construction advisory notices to residents and businesses near th e c
onstruction site as appropriate.
• Create and hand out flyers to Recreation Center and park users. • Create and install post-mounted outdoor brochure holders. • Stock outdoor brochure holders with construction advisory notices. • Create content about project for City’s website and project website. • Work with City Communications Team to create press releases and post periodic updates or specific information about the project on the City’s social media sites.

30. St
orm Water Pollution Plan
• Review storm water pollution prevention plan.
• Perform quality assurance inspections of best management practices implemented as part of an approved Storm Water Pollution Prevention Plan. • Audit Contractor’s storm water pollution prevention records. • Review contractor’s compliance with all permits, stormwater regulations and permits (SWPPP), environmental documents, and mitigation measures. • Achieve satisfactory performance from the Contractor(s) responsible for the installation and maintenance of storm water requirements. Recommend a course of action to the City when requirements of a contractor are not being fulfilled or promptly corrected.

31. C
onstruction Site Access
Coordinate access to the site for inspections and site visits by the City staff and consultants.

7.1 Attachment 2 - Agreement

162

Recreation Center Replacement Project (CIP 301-678) 18 Task 4 – Project Closeout and Post Construction Phase

1. Relocation
Assist the City to coordinate the arrival and installation of City furnished materials and fixtures, furnishings and equipment ("FF&E"). Coordinate schedules for City user relocations and occupancy.

2. U
ser Training
The CM shall schedule and document all City training ses sions and arrange for supplementary information where needed, and arrange for manufacturers to provide training for maintenance and operations personnel.

3. P
unch Lists
• Perform site inspection(s) to determine that facilities are complete and in compliance wit h c
ontract documents.
• In conjunction with design team and City, develop, schedule and verify completion of any outstanding punch list of incomplete or non-conforming work.

4. Pr
oject As‐Builts, Close Out, and Warranties
• Review contractual requirements for as -builts, close out documentation and warranties, and obtain and compile all required documentation for delivery to the City. • Review Contractor’s as-built drawings for accuracy and completeness. Provide comments as necessary and verify that Contractor incorporated comments into as -built drawings.

Coordinate final submittal of organized and complete record drawings in accordance with contract documents.
• Assist with preparing project c loseout forms, including Closeout Memorandum, Capital Asset Infrastructure form, and Capital Asset Infrastructure Disposal form. • Organize and verify completeness of project records.

5. F
inal Claims Releases
Obtain final claim releases, including release of any stop notices, from the Contractors as required by the contracts and State law.

6. F
inal Project Report and Payment
Verify contractor has made all payments and that all required releases including lien release and release of claims have been submitted by contractor. Prepare the final payment documentatio n f
or prime contractors, and provide a final report to the City that includes:
a. A
financial summary of all construction contracting, change orders, construction manager, consultant services, FF&E, and other costs associated with the Project. b. A construction summary with final schedule review and update. c. A final acceptance summary with signed receipts from City staff of all close out document submittals.
d. A final acceptance of receipt of all FF&E.

7. Us
er Complaints
Assist with response to initial post-occupancy complaints about missing or malfunctioning building components and equipment, and contractor/vendor warranty items.

7.1 Attachment 2 - Agreement

163

Recreation Center Replacement Project (CIP 301-678) 19 Task 5 – Warranty Inspection
• Perform one- year warranty inspection prior to t he anniversary date of Notice of Completion/expiration of the warranty period.
• Prepare a punch list identifying corrective action required under warranty at no additional cost to the City and ensure completion of noted items.
• Coordinate necessary repair work.
• Inspect repair work and document that repair work was completed. • Recommend retention release to contractor.

AYMENTS

1. T
he maximum payment to CONSULTANT under this Agreement for the Project shall be:
$1,890,000.00

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

Consultant shall submit monthly invoices with detailed descriptions of the tasks performed and hourly breakdown of staff time.

ROJECTS AND SCHEDULE

1. P
hase 1, Pre-Construction: 10 months

2. Phase 2, Plan Check and Bidding: 3 months

3. Phase 3, Construction: 20 months

4. Phase 4, Project Closeout: 4 months

5. Phase 5, Project Closeout: TBD
DE

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

1. PROJECT DELIVERABLES

1.1 DELIVERABLES: Shall be defined by the required scope of services and documents required for competition of the tasks.

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

2.1 SERVICES: Construction management and inspection services E

ND OF EXHIBIT A

7.1 Attachment 2 - Agreement

164

Recreation Center Replacement Project (CIP 301-678) 20 EXH
IBIT B

FEE SCHEDULE AND ANTICIPATED SCHEDULE
S
ee Recreation Center Replacement Project Proposal for Fee Schedule

7.1 Attachment 2 - Agreement

165

Recreation Center Replacement Project

CITY OF FOSTER CITY
February 27, 2023
Griffin Structures’ Fee Proposal is based on all re asonable costs necessary to perform Construction Management and Support Services for the Recreation Center Replacement proj ect. For these requisite services Griffin Structures proposes the following Not-to-Exceed Fee:

Owner’s Representation: $1,711,190
Sierra West Estimating (Subconsultant): $ $25,000 The Solis Group (Subconsultant): $100,000
Reimbursable Expenses: $53,810
Total: $1,890,000
All proposed hourly rates are fully burdened and include overhead profit, taxes, and benefits. The hours identified for each individual employee and task are estimates only and are not to be construed as not to exceed hours for any individual task, phase, or time period. We reserve the right to reallocate hours between staff members, subconsultants, and tasks, in order to accomplish the overall objectives and requirements of the project.

Services are based on the attached Fee Proposal and Resource Allocation Schedule, which provides detail on the allocation of hours for services as they occur over time. Any extension of the schedule may result in additional fee, in good faith negotiation with the City.

Master Architect services are based on the attach ed Architecture and Engineering Fee Proposal and Qualifications. Any additional services that may be re quired will be negotiated in good faith with the City.

APPROACH TO PROJECT STAFFING AND SCHEDULE
This proposal assumes a Notice to Proceed of May 1, 2023 and is based on the following schedule as described in the RFP and illustrated in the Resource Allocation Schedule attached:

11. Phase 1, Pre-Construction: 10 months

2. Phase 2, Plan Check and Bidding: 3 months

3. Phase 3, Construction: 20 months

4. Phase 4, Project Closeout: 4 months
Exhibit B

7.1 Attachment 2 - Agreement

166

Page 2 of 4 ends

Foster City City CouncilMarch 20, 2023

Foster City City Council
March 20, 2023