Agenda packet — Foster City City Council, June 20, 2023 (part 1 of 4)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
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/88193926419 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

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

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

To Attend the Meeting in Person:

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

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

To Observe the Meeting via Teleconference/Video Conference:

To access the meeting by computer / smartphone, go to: https://fostercityorg.zoom.us/j/88193926419 To dialin via phone:
16694449171 or
14086380968
And enter Webinar ID: 881 9392 6419
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

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

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

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

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

AGENDA
Tuesday, June 20, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Declaring June 21, 2023 as “ASK Day”

4.3. A Proclamation Declaring the Week of June 1824, 2023 as “National Mosquito Control Awareness Week”

4.4. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

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

6. CITY/EMID CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine by the City Council/EMID Board of Directors and will be enacted by one motion unless removed by a member of the Council/Board, staff, or public. There will be no separate discussion on these items unless a citizen or a Council/Board member so requests.

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

6.1. City/EMID Special Meeting Minutes of May 22, 2023

6.2. City/EMID Regular Meeting Minutes of June 5, 2023

6.3. A Resolution of the City Council of the City of Foster City Approving the Summary Vacation of a Portion of the Public Utility Easement Located on or About the Property Identified as 800 Lincoln Centre Drive (APN 094532 440) and Authorizing the Mayor to Execute an Amendment to the Grant of Utility Easement Agreement With Biomed RealtyLincoln Centre LP and Finding This Activity Exempt Per CEQA Guidelines Section 15061(B)(3), the “Common Sense” Exemption
a) Staff Report
b) Adopt Resolution

6.4. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Sign a School Crossing Guard Agreement With the San Mateo– Foster City School District for the 20232024 School Year a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Award of a Sole Source Vendor Services Agreement to Samclar, Inc. for the Purchase and Installation of Office Furniture at City Hall for the Government Center Rehabilitation Project (CIP 301706) in the Amount of $91,314.38 a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing the Appropriation of $15,500.00 from the City’s General Fund to the Police Department’s Budget Account Number 00106104214251 for FY 2022 2023 for Six Background Investigations
a) Staff Report
b) Adopt Resolution

6.7. A Resolution of the City Council of the City of Foster City Authorizing the Execution of an Agreement for the City of Foster City IT Division to Provide Information Technology Services to the San Mateo Consolidated Fire Department in the Amount of $41,844 for FY 20232024 and Authorizing the City Manager to Execute the Agreement
a) Staff Report
b) Adopt Resolution

6.8. A Resolution of the City Council of the City of Foster City Authorizing Contract Amendment No. 2 With Tripepi Smith and Associates Inc. in the Amount Not toExceed $70,039.62 for Strategic Communications and Outreach Services for the Levee Protection Planning and Improvements Project (CIP 327657) a) Staff Report
b) Adopt Resolution

6.9. A Resolution of the City Council of the City of Foster City, State of California, Granting Consent to the City of Burlingame to Form the San Francisco Peninsula Tourism Marketing District (SFPTMD)
a) Staff Report
b) Adopt Resolution

6.10. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Senior Building Inspector Position
a) Staff Report
b) Adopt Resolution

6.11. a) A Resolution of the City Council of the City of Foster City Adopting an Updated Investment Policy Dated June 20, 2023; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Adopting an Updated Investment Policy Dated June 20, 2023
c) Staff Report
d) Adopt Resolutions

6.12. a) A Resolution of the City Council of the City of Foster City Approving a Ninth Amendment to the Lease Agreement Between V.B. Golf LLC and the City of Foster City/Estero Municipal Improvement District and Authorizing the Mayor to Execute the Ninth Amendment And Finding the Amendment to the Lease Not a Project and if a Project, is Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3); and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving a Ninth Amendment to the Lease Agreement Between V.B. Golf LLC and the City of Foster City/Estero Municipal Improvement District and Authorizing the Mayor to Execute the Ninth Amendment And Finding the Amendment to the Lease Not a Project and if a Project, is Exempt From the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15061(B)(3)
c) Staff Report
d) Adopt Resolutions

6.13. a) A Resolution of the City Council of the City of Foster City Approving Compensation Study Changes to the Management Compensation and Benefit Plan, Effective June 1, 2023 and the New Management Compensation and Benefit Plan, Effective July 1, 2023; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Compensation Study Changes to the Management Compensation and Benefit Plan, Effective June 1, 2023 and the New Management Compensation and Benefit Plan, Effective July 1, 2023
c) Staff Report
d) Adopt Resolutions

6.14. a) A Resolution of the City Council of the City of Foster City Approving Updated Job Classifications for Positions Under the Management Compensation and Benefit Plan: Accountant I, Accountant II, Assistant Engineer, Assistant Finance Director, Assistant Planner, Associate Civil Engineer, Associate Planner, Chief Building Official, City Manager, Communications Director/City Clerk, Communications Manager, Community Development Director, Deputy City Clerk, Director of Public Works, Engineering Manager, Finance Director, Financial Services Manager, Human Resources Analyst, Human Resources Technician, Housing Coordinator, Information Technology Manager, Management Analyst, Parks and Recreation Director, Parks Maintenance Manager, Planning Manager, Police Captain, Police Chief, Police Lieutenant, Police Records Supervisor, Principal Management Analyst, Public Works Maintenance Manager, Public Works Maintenance Superintendent, Recreation Manager, Senior Civil Engineer, Senior Accountant, Senior Human Resources Analyst, Senior Management Analyst, Senior Planner, Sr.

Systems Analyst, Technology Analyst I and II; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Updated Job Classifications for Positions Under the Management Compensation and Benefit Plan: Accountant I, Accountant II, Assistant Engineer, Assistant Finance Director, Assistant Planner, Associate Civil Engineer, Associate Planner, Chief Building Official, City Manager, Communications Director/City Clerk, Communications Manager, Community Development Director, Deputy City Clerk, Director of Public Works, Engineering Manager, Finance Director, Financial Services Manager, Human Resources Analyst, Human Resources Technician, Housing Coordinator, Information Technology Manager, Management Analyst, Parks and Recreation Director, Parks Maintenance Manager, Planning Manager, Police Captain, Police Chief, Police Lieutenant, Police Records Supervisor, Principal Management Analyst, Public Works Maintenance Manager, Public Works Maintenance Superintendent, Recreation Manager, Senior Civil Engineer, Senior Accountant, Senior Human Resources Analyst, Senior Management Analyst, Senior Planner, Sr. Systems Analyst, Technology Analyst I and II c) Staff Report
d) Adopt Resolutions

6.15. a) A Resolution of the City Council of the City of Foster City Approving and Adopting the Updated Pay Plan for Fiscal Year 20222023, Effective June 1, 2023 and the Pay Plan for Fiscal Year 20232024, Effective July 1, 2023; and
b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Updated Pay Plan For Fiscal Year 20222023, Effective June 1, 2023, and the Pay Plan For Fiscal Year 20232024, Effective July 1, 2023
c) Staff Report
d) Adopt Resolutions

6.16. a) A Resolution of the City Council of the City of Foster City Approving the First Amendment to the City Manager’s Employment Agreement; and b) A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the First Amendment to the District Manager’s Employment Agreement
c) Staff Report
d) Adopt Resolutions

6.17. A Resolution of the Board of Directors of the Estero Municipal Improvement District Rejecting the Lone Bid, and Authorizing an Increase to the Project Design Contingency by the Amount of $25,000 for the Lift Station 59 Effluent Line Improvements Project (CIP 455695) and Finding the Project Exempt Pursuant to CEQA Guidelines Section 15301(B) – Existing Facilities a) Staff Report
b) Adopt Resolution

6.18. Consideration of Letters in Support and Opposition of Various Legislation a) Staff Report
b) By Minute Order, Approve Letters

7. REPORTS

7.1. Levee Improvements Project (CIP 327657) Monthly General Update CEQA: An Environmental Impact Report was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012)
a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

7.2. Report on Youth Sports Field User Group Fees and Charges a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. RESOLUTIONS FOR ADOPTION

8.1. Consideration of Approval of Resolutions in Connection with General Obligation Bond Sale for the Levee Protection Planning and Improvements Project
a) Staff Report
b) Action – A Resolution of the City Council of The City of Foster City Providing for the Issuance of Its General Obligation Bonds, Series 2023 (Levee Protection Planning and Improvements Project) In the Principal Amount Not to Exceed $5,000,000
c) Action – A Resolution of the City Council of the City of Foster City, California Establishing for Fiscal Year 202324 the Property Tax Rate for General Obligation Bonds, Including Certain Unsold General Obligation Bonds for Fiscal Year 202324

8.2. Consideration of Approving the Fiscal Year 202324 Final City/District Budget
a) Staff Report
b) Action – A Resolution of the City Council of the City of Foster City Approving the Fiscal Year 202324 City Budget
c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Fiscal Year 202324 District Budget

8.3. Consideration of Contract Amendment No. 5 with Schaaf & Wheeler Consulting Civil Engineers for Phase III Services for the Levee Protection Planning and Improvements Project (CIP 327657)
a) Staff Report
b) Action A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Five (5) in the Amount of $388,000 With Schaaf & Wheeler Consulting Civil Engineers for Phase III Services for the Levee Protection Planning and Improvements Project (CIP 327657) and Finding That This is Consistent With the Certified an Environmental Impact Report That Was Prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012)

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 31, 2023 and June 5, 2023, and ACH were processed on June 5, 2023. a) Information Item Only
b) No Action Required

10. CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager and Council/EMID Board Members report on their various assignments and liaison roles and Council/EMID Board requests for scheduling future items.

11. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 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
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/88193926419 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, June 20, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Declaring June 21, 2023 as “ASK Day”

4.3. A Proclamation Declaring the Week of June 1824, 2023 as “National Mosquito Control Awareness Week”

4.4. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2023

6.2. City/EMID Regular Meeting Minutes of June 5, 2023

6.10. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Senior Building Inspector Position
a) Staff Report
b) Adopt Resolution

6.18. Consideration of Letters in Support and Opposition of Various Legislation a) Staff Report
b) By Minute Order, Approve Letters

7. REPORTS

7.2. Report on Youth Sports Field User Group Fees and Charges a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 31, 2023 and June 5, 2023, and ACH were processed on June 5, 2023. a) Information Item Only
b) No Action Required

11. 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
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/88193926419 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, June 20, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Declaring June 21, 2023 as “ASK Day”

4.3. A Proclamation Declaring the Week of June 1824, 2023 as “National Mosquito Control Awareness Week”

4.4. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2023

6.2. City/EMID Regular Meeting Minutes of June 5, 2023

6.10. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Senior Building Inspector Position
a) Staff Report
b) Adopt Resolution

6.18. Consideration of Letters in Support and Opposition of Various Legislation a) Staff Report
b) By Minute Order, Approve Letters

7. REPORTS

7.2. Report on Youth Sports Field User Group Fees and Charges a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 31, 2023 and June 5, 2023, and ACH were processed on June 5, 2023. a) Information Item Only
b) No Action Required

11. 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
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/88193926419 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, June 20, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Declaring June 21, 2023 as “ASK Day”

4.3. A Proclamation Declaring the Week of June 1824, 2023 as “National Mosquito Control Awareness Week”

4.4. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2023

6.2. City/EMID Regular Meeting Minutes of June 5, 2023

6.10. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Senior Building Inspector Position
a) Staff Report
b) Adopt Resolution

6.18. Consideration of Letters in Support and Opposition of Various Legislation a) Staff Report
b) By Minute Order, Approve Letters

7. REPORTS

7.2. Report on Youth Sports Field User Group Fees and Charges a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 31, 2023 and June 5, 2023, and ACH were processed on June 5, 2023. a) Information Item Only
b) No Action Required

11. 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
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/88193926419 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, June 20, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Declaring June 21, 2023 as “ASK Day”

4.3. A Proclamation Declaring the Week of June 1824, 2023 as “National Mosquito Control Awareness Week”

4.4. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2023

6.2. City/EMID Regular Meeting Minutes of June 5, 2023

6.10. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Senior Building Inspector Position
a) Staff Report
b) Adopt Resolution

6.18. Consideration of Letters in Support and Opposition of Various Legislation a) Staff Report
b) By Minute Order, Approve Letters

7. REPORTS

7.2. Report on Youth Sports Field User Group Fees and Charges a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 31, 2023 and June 5, 2023, and ACH were processed on June 5, 2023. a) Information Item Only
b) No Action Required

11. 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
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
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/88193926419 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, June 20, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Declaring June 21, 2023 as “ASK Day”

4.3. A Proclamation Declaring the Week of June 1824, 2023 as “National Mosquito Control Awareness Week”

4.4. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2023

6.2. City/EMID Regular Meeting Minutes of June 5, 2023

6.10. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Senior Building Inspector Position
a) Staff Report
b) Adopt Resolution

6.18. Consideration of Letters in Support and Opposition of Various Legislation a) Staff Report
b) By Minute Order, Approve Letters

7. REPORTS

7.2. Report on Youth Sports Field User Group Fees and Charges a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 31, 2023 and June 5, 2023, and ACH were processed on June 5, 2023. a) Information Item Only
b) No Action Required

11. 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

6 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
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/88193926419 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, June 20, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Declaring June 21, 2023 as “ASK Day”

4.3. A Proclamation Declaring the Week of June 1824, 2023 as “National Mosquito Control Awareness Week”

4.4. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2023

6.2. City/EMID Regular Meeting Minutes of June 5, 2023

6.10. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Senior Building Inspector Position
a) Staff Report
b) Adopt Resolution

6.18. Consideration of Letters in Support and Opposition of Various Legislation a) Staff Report
b) By Minute Order, Approve Letters

7. REPORTS

7.2. Report on Youth Sports Field User Group Fees and Charges a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 31, 2023 and June 5, 2023, and ACH were processed on June 5, 2023. a) Information Item Only
b) No Action Required

11. 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

7 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
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/88193926419 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, June 20, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Declaring June 21, 2023 as “ASK Day”

4.3. A Proclamation Declaring the Week of June 1824, 2023 as “National Mosquito Control Awareness Week”

4.4. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2023

6.2. City/EMID Regular Meeting Minutes of June 5, 2023

6.10. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Senior Building Inspector Position
a) Staff Report
b) Adopt Resolution

6.18. Consideration of Letters in Support and Opposition of Various Legislation a) Staff Report
b) By Minute Order, Approve Letters

7. REPORTS

7.2. Report on Youth Sports Field User Group Fees and Charges a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 31, 2023 and June 5, 2023, and ACH were processed on June 5, 2023. a) Information Item Only
b) No Action Required

11. 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

8 CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
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/88193926419 PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND VIA ZOOM MEETING. ANY EMAILS SENT TO [email protected] WILL BE PROVIDED TO THE CITY COUNCIL PRIOR TO THE MEETING.

To Attend the Meeting in Person:

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

To Observe the Meeting via Teleconference/Video Conference:

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

AGENDA
Tuesday, June 20, 2023 6:30 PM
SPECIAL MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Councilmembers/ex officio EMID Directors Sam Hindi, Stacy Jimenez, Art Kiesel, Patrick Sullivan, and Mayor/President Jon Froomin

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Recognizing and Observing Juneteenth

4.2. A Proclamation Declaring June 21, 2023 as “ASK Day”

4.3. A Proclamation Declaring the Week of June 1824, 2023 as “National Mosquito Control Awareness Week”

4.4. A Proclamation Declaring the Month of July as "Parks and Recreation Month”

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

6.1. City/EMID Special Meeting Minutes of May 22, 2023

6.2. City/EMID Regular Meeting Minutes of June 5, 2023

6.10. A Resolution of the City Council of the City of Foster City Approving the Overhire of the Senior Building Inspector Position
a) Staff Report
b) Adopt Resolution

6.18. Consideration of Letters in Support and Opposition of Various Legislation a) Staff Report
b) By Minute Order, Approve Letters

7. REPORTS

7.2. Report on Youth Sports Field User Group Fees and Charges a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8. RESOLUTIONS FOR ADOPTION

9. COMMUNICATIONS

9.1. City/District Warrants of Demands were Processed and Issued on May 31, 2023 and June 5, 2023, and ACH were processed on June 5, 2023. a) Information Item Only
b) No Action Required

11. 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

9 4.1

4.1 Proclamation

10 4.2

4.2 Proclamation

11 4.3

4.3 Proclamation

12 4.4

4.4 Proclamation

13 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
SPECIAL MEETING OF MAY 22, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Special Meeting of May 22, 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.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager, Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Sofia Mangalam, Community Development Director; Derek Schweigart, Parks and Recreation Director; Martin Ticas, Police Captain; Rob Lasky, IT Manager; Thai-Che Le, Planning Manager; Justin Lai, Senior Civil Engineer; Nori Jabba, Housing Coordinator; Leslie Carmichael, Consulting Planner; Bridget Michelsen, Video Technician; Doug Michelson, Video Technician; and Priscilla Schaus, Communications Director/City Clerk.

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. City Resolution No. 2023-47, “A Resolution of the City Council of the City of Foster City Authorizing the Award of a Construction Contract to FieldTurf USA, Inc. in the Amount of $915,526.90 for the Construction of the Synthetic Turf Resurfacing Project Sea Cloud Park S4 (CIP 301-709); And an Appropriation in the Amount of

6.1 6.1 Minutes

14 $370,000 to CIP 301-709 and Finding Project Exempt Under California Environmental Quality Act Guidelines Sections 15301 and 15061(B)(3).”

PUBLIC HEARINGS
HOUSING ELEMENT FOR 2023-2031, THE FINAL ENVIRONMENTAL IMPACT

REPORT FOR THE HOUSING AND SAFETY ELEMENTS UPDATE AND
ACCOMPANYING GENERAL PLAN AMENDMENTS AND ZONING AMENDMENTS.

CITY RESOLUTION NO. 2023-48. CITY RESOLUTION NO. 2023-49.

Community Development Director Mangalam and Consulting Planner Carmichael presented the staff report.

Mayor Froomin opened a public hearing to hear and consider comments regarding Housing Element for 2023-2031, the Final Environmental Impact Report for the Housing and Safety Elements Update and accompanying general plan amendments and zoning amendments.

The following people addressed the City Council via email:

1. Prash Chopra;

2. Eva Hess; and

3. Nagender Bandi.

The following people addressed the City Council in person:

1. Shiv Shukla;

2. Shankar Kenkre;

3. Jeanette; and

4. Gary Dababo.

Pablo Vallee addressed the City Council via teleconference.

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

Discussion ensued.

Motion by Vice Mayor Sullivan, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-48, “A Resolution of the City Council of the City of Foster City Certifying the Final Environmental Impact Report (EIR) for the Foster City Housing and Safety Elements Update (SCH# 2022010509), Adopting Environmental Findings Pursuant to the California Environmental Quality Act, Adopting a Statement of Overriding Considerations, and Adopting a Standard Conditions of Approval and Mitigation Monitoring and Reporting Program, including acceptance and approval of the Water Supply Assessment as adopted by the Estero Municipal Improvement District (EA2021-0004).”
Motion by Councilmember Kiesel, seconded by Vice Mayor Sullivan, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-49, “A Resolution of the City

6.1 6.1 Minutes

15 Council of the City of Foster City Adopting a General Plan Amendment to Repeal the 2015-2023 Housing Element and Adopt the Housing Element of the General Plan for Period of 2023-2031 Including Policies and Programs to Affirmatively Further Fair Housing, and Related Amendments to the Land Use and Circulation Element in Compliance with State Housing Element Law and Finding the Amendments Within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update (GP2020-0002 and GP2022-0001).”
Meeting recessed at 8:17 p.m. and reconvened at 8:25 p.m.

Motion by Vice Mayor Sullivan, seconded by Councilmember Hindi, and carried by roll call vote, 4-1-0, Councilmember Jimenez voted “no,” to introduce “An Ordinance of the City of Foster City Adopting Amendments to the Foster City Zoning Map to Implement the RHNA 6 Housing Element for the 2023-2031 Planning Period and Finding the Amendments Within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update” by title, waive further reading, and pass to second reading.

Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, and carried unanimously by roll call vote, 5-0-0, to introduce “An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the + 100-Acre Lands Known as Metro Center in the C-2/PD (General Business/Planned Development) District to a C-2/PD (General Business/Planned Development) District with an Amended General Development Plan to Allow Commercial – or -- Mixed Commercial/Residential Use up to 222 dwelling units at 1010 Metro Center Boulevard in the Town Center Neighborhood (TC) and Finding the Amendments within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update. (RZ2023-0002)” by title, waive further reading, and pass to second reading.

Motion by Councilmember Kiesel, seconded by Councilmember Jimenez, and carried unanimously by roll call vote, 5-0-0, to introduce “An Ordinance of the City of Foster City Adopting Various Text Amendments to Title 17, Zoning, of the Foster City Municipal Code Including Amendments to Chapter 17.14, R-2 Two-Family Residence District and Chapter

17.82 Emergency Shelters, Low-Barrier Navigation Centers, and Supportive Housing for consistency with State law and Finding the Amendments within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update (RZ2023-0003)” by title, waive further reading, and pass to second reading.

CLOSED SESSION

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

1. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (one potential case);

2. Conference with Legal Counsel – Anticipated Litigation

6.1 6.1 Minutes

16 Significant exposure to litigation pursuant to Section 54956.9(d)(2)(e)(3) (three potential cases) (See Attached); and

3. Report Out from Closed Session.

Meeting recessed into Closed Session at 8:28 p.m. and reconvened at 9:10 p.m.

Assistant City Attorney /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 9:10 p.m.

6.1 6.1 Minutes

17 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF JUNE 5, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of June 5, 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.

This meeting was held as a hybrid meeting.

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

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

ABSENT: None.

STAFF PRESENT: Stefan Chatwin, City/District Manager, Benjamin Stock, City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Derek Schweigart, Parks and Recreation Director; Ray Towne, Interim Public Works Director; Tracy Avelar, Police Chief; Edmund Suen, Finance Director; Sofia Mangalam, Community Development Director; Robert Marshal, Deputy Fire Chief; Jenna Grimaldi, Police Corporal; Rob Lasky, IT Manager; Mark Lee, Police Lieutenant; Kevin Ortiz, Management Analyst; David Liu, Human Resources Analyst; Daniella Flores, Social Media and
Communications Assistant; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS
PROCLAMATION RECOGNIZING AND OBSERVING JUNETEENTH.

By Consensus of the City Council, this item was tabled to the June 20 City Council meeting.

PROCLAMATION RECOGNIZING JUNE 2023 AS “LGBTQ PRIDE MONTH.”

6.2 6.2 Minutes

18 Mayor Froomin presented the proclamation Recognizing June 2023 as LGBTQ Pride Month to Commissioner Marilyn Hollinger, representing the San Mateo County LGBTQ Commission.

PRESENTATION FROM THE SAN FRANCISCO PENINSULA, FORMERLY THE SAN

MATEO COUNTY/SILICON VALLEY CONVENTION VISITORS BUREAU REGARDING ESTABLISHING A SAN FRANCISCO PENINSULA TOURISM MARKETING DISTRICT.

John Hutar, CEO of The San Francisco Peninsula presented on establishing a San Francisco Peninsula Tourism Marketing District.

PUBLIC
The following people addressed the City Council via email:

1. Evan Adams regarding the One Shoreline Development Standards and Recreation Center Rebuild Project;

2. Adam Varro regarding the proposed Levee trail closure from Lakeside Drive to Kiteboard Beach;

3. Alison M regarding the Housing Element;

4. Chinh Vo regarding the lower beach closure at Baywinds Park;

5. Antonia Moore regarding the geese population management plan; and

6. Bryan Wong regarding the geese population management plan.

Angela Stucker addressed the City Council via teleconference expressing her gratitude for the City of Foster City.

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

City/EMID Consent Calendar

1. Minutes of City/EMID Regular Meeting of May 1, 2023;

2. Minutes of City/EMID Regular Meeting of May 15, 2023;

3. City Ordinance No. 664, “An Ordinance of the City of Foster City Adopting Amendments to the Foster City Zoning Map to Implement the RHNA 6 Housing Element for the 2023-2031 Planning Period and Finding the Amendments Within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update – RZ2023-0001 (First Reading May 22, 2023);”

4. City Ordinance No. 665, “An Ordinance of the City of Foster City Amending the Foster City Zoning Map to Modify the Previously Approved General Development Plan for the + 100-Acre Lands Known as Metro Center in the C-2/PD (General Business/Planned Development) District to a C-2/PD (General Business/Planned Development) District with an Amended General Development Plan to Allow

6.2 6.2 Minutes

19 Commercial – or -- Mixed Commercial/Residential Use up to 222 dwelling units at 1010 Metro Center Boulevard in the Town Center Neighborhood (TC) and Finding the Amendments within the Scope of the EIR Prepared for the Foster City Housing and Safety Elements Update. (RZ2023-0002) (First Reading May 22, 2023);”

5. City Ordinance No. 666, “An Ordinance of the City of Foster City Adopting Various Text Amendments to Title 17, Zoning, of the Foster City Municipal Code Including Amendments to Chapter 17.14, R-2 Two-Family Residence District and Chapter

6. City Resolution No. 2023-50, “A Resolution of the City of Foster City Approving the Plans and Specifications and Authorizing the Call for Bids for the Roof Replacements at City Buildings Project (CIP 301-693); and Finding the Approval of this Resolution Exempt from the California Environmental Quality Act (CEQA) Pursuant to Guidelines Section 15301(d);”

7. City Resolution No. 2023-51, “A Resolution of the City Council of the City of Foster City Adopting a List of Projects for Fiscal Year 2023-2024 Funded by SB 1: The Road Repair and Accountability Act of 2017; and Finding this Resolution Exempt from the California Environmental Quality Act (CEQA) Pursuant to Guidelines Section 15061(b)(3) and 15301(c);”

8. City Resolution No. 2023-52, “A Resolution of the City Council of the City of Foster City Authorizing the Temporary Closure of Vehicular Traffic Flow on Shell Boulevard From E. Hillsdale Boulevard to Bounty Drive; the Closure of Vehicular Traffic Flow on Balclutha Drive West of the Turnaround Located in Front of the PJCC Campus and Shell Boulevard; the Closure of Vehicular Traffic Flow on E.

Hillsdale Boulevard From Edgewater Boulevard to Foster City Boulevard; The Shell Boulevard Exit From the South Service Road of the PJCC Campus; and the Shell Boulevard Exit From Civic Center Drive for the Fourth of July Celebration on July 4, 2023;”

9. City Resolution No. 2023-53, “A Resolution of the City Council of the City of Foster City Approving a Temporary Use Permit and Authorizing the Temporary Closure of Shell Boulevard Between East Hillsdale Boulevard and South Service Road, Balclutha Drive Between the Round-about on The Peninsula Jewish Community Center (PJCC) Campus and Shell Boulevard, and the Temporary Closure of the Shell Boulevard Exit of the South Service Road for Summer Days 2023;”

10.City Resolution No. 2023-54, “A Resolution of the City Council of the City of Foster City Approving Task Order CSG-2023-09 with CSG Consultants, Inc. for On-Call Professional Engineering and Temporary Staff Augmentation Services in the Amount of $250,000 for City Projects and Without Limitation for Reimbursable Projects; and Finding Approval of the Task Order exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3);”

11.EMID Resolution No. 3722, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving Task Order CSG-2023-09 with CSG Consultants, Inc. for On-Call Professional Engineering and Temporary Staff Augmentation Services in the Amount of $250,000 for District Projects and Without

6.2 6.2 Minutes

20 Limitation for Reimbursable; and Finding Approval of the Task Order Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines § 15061(b)(3);”

12.City Resolution No. 2023-55, “A Resolution of the City Council of the City of Foster City Appropriating an Additional $240,000 in Fiscal Year 2022-2023 to the City Attorney General Fund, Account No. 001-0310-412-4251, for Legal Counsel Services;”

13.EMID Resolution No. 3723, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Appropriating an Additional $240,000 in Fiscal Year 2022-2023 to the City Attorney General Fund, Account No. 001-0310-412- 4251, for Legal Counsel Services;”

14.City Resolution No. 2023-56, “A Resolution of the City Council of the City of Foster City Approving the Letter of Understanding for the Foster City Police Officers Association Effective June 1, 2023 and the Memorandum of Understanding for the Foster City Police Officers Association Effective July 1, 2023 to June 30, 2026;”

15.EMID Resolution No. 3724, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Letter of Understanding for the Foster City Police Officers Association Effective June 1, 2023 and the Memorandum of Understanding for the Foster City Police Officers Association Effective July 1, 2023 to June 30, 2026;”

16.City Resolution No. 2023-57, “A Resolution of the City Council of the City of Foster City Approving the Updated Job Classifications of Police Sergeant, Police Corporal, Police Officer, Police Recruit, Police Dispatcher, Deputy City Manager, and Assistant City Manager;”

17.EMID Resolution No. 3725, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Updated Job Classifications of Police Sergeant, Police Corporal, Police Officer, Police Recruit, Police Dispatcher, Deputy City Manager, and Assistant City Manager;”

18.City Resolution No. 2023-58, “A Resolution of the City Council of the City of Foster City Approving and Adopting the Updated Pay Plan for Fiscal Year 2022-2023, Effective June 1, 2023 and the Pay Plan for Fiscal Year 2023-2024, Effective July 1, 2023;”

19.EMID Resolution No. 3726, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving and Adopting the Updated Pay Plan for Fiscal Year 2022-2023, Effective June 1, 2023 and the Pay Plan for Fiscal Year 2023-2024, Effective July 1, 2023;”

20.EMID Resolution No. 3727, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Extension of a Water/Wastewater Rate Assistance Program (W/WRAP) Through June 30, 2024; and finding adoption of Resolution exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3);” and

21.Approval of the Issuance of a Request for Proposal for On-Call Building Services.

PUBLIC HEARINGS

6.2 6.2 Minutes

21 PROPOSED WATER RATES FOR FISCAL YEAR 2023-2024. CITY RESOLUTION NO. 2023-59. EMID RESOLUTION NO. 3728.

Interim Public Works Director Towne presented the staff report.

Mayor Froomin opened a public hearing to hear and consider comments regarding the Proposed Water Rates for Fiscal Year 2023-2024.

Jayce Stucker addressed the City Council via teleconference.

Without objection from the City Council/Board of Directors, Mayor/President Froomin closed the public hearing.

Discussion ensued.

Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Hindi, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-59, “A Resolution of the City Council of the City of Foster City Establishing Water Rates for Fiscal Year 2023-2024; and Finding this Resolution Exempt from the California Environmental Quality Act (CEQA) Pursuant to Guidelines Section 15061(b)(3)” and EMID Resolution No. 3728, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing Water Rates for Fiscal Year 2023-2024; and Finding this Resolution Exempt from the California Environmental Quality Act (CEQA) Pursuant to Guidelines Section 15061(b)(3).”
FY 2023-24 PRELIMINARY BUDGET. MINUTE ORDER NO. 1920.

Finance Director Suen presented the staff report.

Mayor Froomin opened a public hearing to hear and consider comments regarding the Fiscal Year 2023-2024 Preliminary Budget.

Without objection from the City Council/Board of Directors, Mayor/President Froomin closed the public hearing.

Discussion ensued.

Motion by Councilmember/Director Hindi, seconded by Councilmember/Director Jimenez, and carried unanimously, 5-0-0, adopting Minute Order No. 1920, to direct staff to proceed with incorporating the terms from the preliminary budget into the final budget for FY 2023-24 to be considered for adoption by the City Council/EMID Board on June 20, 2023.

REPORTS

6.2 6.2 Minutes

22 WASTEWATER TREATMENT PLANT MASTER PLAN IMPROVEMENTS PROJECT (CIP 455-652) - CLEAN WATER PROGRAM - UPDATE FOR QUARTER 1 – JANUARY THROUGH MARCH 2023. MINUTE ORDER NO. 1921.

Interim Public Works Director Towne introduced Senior Engineer Steve Tarantino, representing EKI Environment & Water, Inc., who presented the staff report.

Discussion ensued.

Motion by Vice President Sullivan, seconded by Director Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1921, to receive and accept the Wastewater Treatment Plant Master Plan Improvements Project (CIP 455-652) - Clean Water Program - Update for Quarter 1 – January Through March 2023.

UPDATE ON DEVELOPMENT OF CITY OF FOSTER CITY’S AGE-FRIENDLY CITY INITIATIVE THREE (3) YEAR ACTION PLAN. MINUTE ORDER NO. 1922.

Parks and Recreation Director Schweigart presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Jimenez, and carried unanimously, 5-0-0, adopting Minute Order No. 1922, to receive and accept the Update on Development of City of Foster City’s Age-Friendly City Initiative Three (3) Year Action Plan.

RESOLUTIONS FOR ADOPTION
ESTABLISHING WASTEWATER RATES FOR FISCAL YEAR 2023-2024. CITY RESOLUTION NO. 2023-60. EMID RESOLUTION NO. 3729.

Interim Public Works Director Towne presented the staff report.

Discussion ensued.

Motion by Vice Mayor/Vice President Sullivan, seconded by Councilmember/Director Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-50, “A Resolution of the City Council of the City of Foster City Establishing Wastewater Rates for Fiscal Year 2023-2024; and Finding this Resolution Exempt from the California Environmental Quality Act (CEQA) Pursuant to Guidelines Section 15061(b)(3)” and EMID Resolution No. 3729, “A Resolution of the Board of Directors of the Estero Municipal Improvement District Establishing Wastewater Rates for Fiscal Year 2023-2024; and Finding this Resolution Exempt from the California Environmental Quality Act (CEQA) Pursuant to Guidelines Section 15061(b)(3).”

COMMUNICATIONS

6.2 6.2 Minutes

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

City/District Warrants of Demands were Processed and Issued on May 15, 2023, and ACH were processed on May 5, 2023.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin stated that Civics Academy will start on September 13.

Recruitment and outreach will begin in July. Communications Director/City Clerk Schaus, her team, and City staff have been working on creating a robust academy that will focus on different City departments each week. There will also be a Town Hall meeting later this year with details to follow.

Councilmember/Director Kiesel stated that he attended the Planning Commission & Parks and Recreation Committee Joint Study Session Meeting on June 1 where they discussed the Recreation Center Rebuild Project. He noted he was impressed by the Parks and Reaction Committee for their out of the box perspectives they brought to meeting.

Councilmember/Director Jimenez stated that she attended Planning Commission & Parks and Recreation Committee Joint Study Session Meeting on June 1 and encouraged the public to take the Recreation Center Outreach Round 2 Community Survey on https://www.surveyhero.com/c/fcrcrebuildoutreachsurvey2. She also attended a panel for Gilead on June 1 where she discussed the importance of the Recreation Center for the Foster City Community.

Councilmember/Director Hindi stated he attended the Bay Area Water Supply & Conservation Agency Board Meeting on May 18 and reported that California’s drought condition has dramatically approved. On May 25, he attended the Peninsula Clean Energy Board meeting where they passed the Diversity Equity Accessibility and Inclusion Action Plan Policy.

Vice Mayor/Vice President Sullivan stated that on May 31, he attended the San Mateo Consolidated Fire Department Board of Directors meeting. On May 25, he attended the Airport Land Use Committee meeting in Burlingame. On June 1, he attended the Planning Commission & Parks and Recreation Committee Joint Study Session Meeting and was happy to see the participation from the public. On June 1, he also attended the Progress Flag raising ceremony at Foster City Hall.

Mayor/President Froomin stated that on May 25 he attended the 41 st Annual Jobs for Youth Breakfast Scholar Celebration with Councilmember/Director Jimenez. On May 25, he attended the San Mateo County City Selection Committee Meeting where Councilmember/Director Hindi was reappointed as an Alternate Liaison for the Association of Bay Area Governments, and he attended the South Bayside Waste Management Authority strategic planning session. On June 1, he attended the Progress

6.2 6.2 Minutes

24 Flag raising ceremony at Foster City Hall. He also thanked the Communications team for their work on the Mayoral Minute.

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: Stefan Chatwin and Austris Rungis Employee Organizations: AFSCME and Management Group;

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

3. Report out from Closed Session.

Meeting recessed into Closed Session at 8:13 p.m. and reconvened at 10:40 p.m.

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

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 10:40 p.m.

6.2 6.2 Minutes

25 DATE: June 20, 2023

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

FROM: Ramon Towne, Interim Public Works Director
DEPARTMENT: Public Works
SUBJECT: SUMMARY VACATION OF A PORTION OF THE PUBLIC UTILITY

EASEMENT LOCATED ON OR ABOUT THE PROPERTY
IDENTIFIED AS 800 LINCOLN CENTRE DRIVE (APN 094-532-
440) PURSUANT TO SECTIONS 8330- 8336 OF THE

CALIFORNIA STREETS AND HIGHWAYS CODE

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution for the summary vacation of a portion of the Public Utility Easement located on or about the property identified as 800 Lincoln Centre Drive and authorize the Mayor to execute an Amendment to the Grant of Utility Easement Agreement with BioMed Realty-Lincoln Centre LP.

EXECUTIVE SUMMARY
The City Council is requested to adopt the attached resolution approving the summary vacation of a small portion of the Public Utility Easement for development of a new parking structure at 800 Lincoln Centre Drive and authorize the Mayor to execute an Amendment to the Grant of Utility Easement Agreement with BioMed Realty-Lincoln Centre LP. The vacation will be conducted pursuant to Sections 8330-8336 of the California Streets and Highways Code (SHC) that requires approval of a legislative body of the local agency to summarily vacate a public service easement in accordance with Division 9, Change of Grade and Vacation, Part 3, Public Streets, Highways, and Service Easements Vacation Law, Chapter 4, Summary Vacation.

6.3 6.3 Staff Report

26 BACKGROUND
BioMed Realty-Lincoln Centre LP (BMR) applied for a building permit to construct a new 3-level parking structure at 800 Lincoln Centre Drive as part of Phase 2 of the Lincoln Centre Campus Improvement Project (Project) in November 2022. After submitting plans for the new parking structure to Foster City’s Community Development Department (CDD), BMR discovered that the proposed building footprint will partially encroach into an existing Public Utility Easement (PUE). The existing PUE was recently recorded as part of Phase 1 of the Project through a Grant of Utility Easement Agreement (Agreement) between BMR and Foster City on May 9, 2017. The extent of the PUE at the time of the establishment in 2017, however, did not consider the proposed parking structure footprint at 800 Lincoln Centre Drive in Phase 2.

Since the discovery, BMR has applied to CDD to summarily vacate a small portion of the existing PUE for development of the future parking structure.

Pursuant to Section 8333 (a) and (c) of the SHC, the legislative body of a local agency may summarily vacate a public service easement if “[t]he easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation” and/or “[t]he easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.”

ANALYSIS
Summary vacation must be conducted in accordance with provisions in Division 9, Change of Grade and Vacation, Part 3, Public Streets, Highways, and Service Easements Vacation Law, Chapter 4, Summary Vacation of the California Streets and Highways Code (SHC). To summarily vacate a public service easement, the City must be able to make the necessary findings that the easement to be vacated has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation per SHC Section 8333 (a) and/or is excess and has no other public facilities located within per SHC Section 8333 (c).

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Pursuant to CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, the proposed easement vacation is an activity that can be seen with certainty to have no possibility for causing a significant effect on the environment.

FISCAL IMPACT
There is no fiscal impact associated with this action. Third party review fees and staff time are covered through the fees collected from the developer for this project.

6.3 6.3 Staff Report

27 CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA Facilities and Infrastructure
Smart Planning and Development
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 – Amendment to Grant of Utility Easement Agreement Attachment 3 – Exhibit A - Legal Description of Vacation of Portion of Existing Public Utility Easement and Exhibit B - Plat to Accompany Legal Description Attachment 4 – Grant of Utility Easement Agreement recorded on May 9, 2017

6.3 6.3 Staff Report

28 RESOLUTION NO. _____

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

APPROVING THE SUMMARY VACATION OF A PORTION OF THE PUBLIC UTILITY EASEMENT LOCATED ON OR ABOUT THE PROPERTY IDENTIFIED AS 800 LINCOLN CENTRE DRIVE (APN 094-532-440) AND AUTHORIZING THE MAYOR TO

EXECUTE AN AMENDMENT TO THE GRANT OF UTILITY EASEMENT AGREEMENT

WITH BIOMED REALTY-LINCOLN CENTRE LP AND FINDING THIS ACTIVITY EXCEMPT PER CEQA GUIDELINES SECTION 15061(B)(3), THE “COMMON SENSE”

EXEMPTION

CITY OF FOSTER CITY
WHEREAS, BioMed Realty-Lincoln Centre LP (BMR), property owner of 800 Lincoln Centre Drive, has requested that the City Council approve the summary vacation of a small portion of the existing Public Utility Easement on the property for development of a new parking structure; and
WHEREAS, the existing Public Utility Easement was recently approved through a Grant of Utility Easement Agreement between BMR and Foster City that was recorded on May 9, 2017; and
WHEREAS, pursuant to Division 9, Change of Grade and Vacation, Part 3, Public Streets, Highways, and Service Easements Vacation Law, Chapter 4, Section 8333 (a) and (c) of the Summary Vacation Procedure of the California Streets and Highways Code, the legislative body of a local agency may summarily vacate a public service easement if it has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation and/or has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement; and WHEREAS, Staff finds the request for vacation is complete and in conformance with Section 8333 (a) and (c) of the SHC since the existing PUE to be vacated has not been occupied by any public utilities for the past 6 years and various city departments, AT&T, Comcast, and PG&E have reviewed and have no objections to the proposed vacation; and
WHEREAS, Pursuant to CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, the proposed easement vacation is an activity that can be seen with certainty to have no possibility for causing a significant effect on the environment; and WHEREAS, the City Attorney recommends an amendment to Grant of Utility Easement Agreement which includes an updated plat and legal description of the new PUE (reflecting the partial vacation) be recorded with the Council resolution for clarity.

6.3 Attachment 1 - Resolution

29 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby approve the summary vacation of 104-squre feet of the existing Public Utility Easement on the property at 800 Lincoln Centre Drive (APN 094-532-440) pursuant to Division 9, Change of Grade and Vacation, Part 3, Public Streets, Highways, and Service Easements Vacation Law, Chapter 4, Summary Vacation Procedure of the California Streets and Highways Code. §§8330-8336 et seq., and authorize the Mayor to execute an Amendment to the Grant of Utility Easement Agreement with BioMed Realty- Lincoln Centre LP
PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the special meeting held on the 20th day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Resolution

30 -

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Foster City
610 Foster City Blvd.

Foster City, CA 94404
Attn: City Clerk
Recorded for the benefit of The City of Foster
City pursuant to Government Code Section
27383
(Space above this line for Recorder’s use)
EXEMPT FROM THE BUILDING HOMES AND JOBS ACT FEE PER GC 27388.1(A)(2)(D); THIS

DOCUMENT IS BEING RECORDED BY THE STATE, A COUNTY, MUNICIPALITY OR OTHER POLITICAL SUBDIVISION OF THE STATE.

AMENDMENT TO GRANT OF UTILITY EASEMENT AGREEMENT
This Amendment to Grant of Utility Easement Agreement (this “Amendment”) is entered into as of ____________, 2023 (the “Effective Date”), by and between BMR-LINCOLN CENTRE LP, a Delaware limited partnership (“Owner”), and the CITY OF FOSTER CITY, a California municipal corporation (“City”). City and Owner are referred to individually in this Amendment as a “Party” and collectively as the “Parties”.

RECITALS
A. Owner and City entered into that certain Grant of Utility Easement Agreement dated as of April 24, 2017 (the “Original Agreement”) recorded May 9, 2017 as Instrument No. 2017-040163 in the Official Records of San Mateo County, California. Any capitalized term not defined herein shall have the meaning ascribed to it in the Original Agreement.

B. A small portion of the Utility Easement Area granted in the Original Agreement conflicts with the proposed footprint of the future parking structure anticipated to serve future development on the Property (the “Conflict Area”).

C. The Conflict Area has not been used by any public utility within the past 5 years, and Owner received approval from PG&E, Comcast, and ATT for City to vacate such Conflict Area and the Utility Easement Area has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

D. Accordingly, Owner requested, and the City Council of Foster City approved, a summary vacation of the Conflict Area pursuant to Streets and Highways Code Sections 8333(a) and 8333(c) on ___________, 2023.

E. Owner and City now desire to amend the Original Agreement, as set forth in this Amendment, to reflect the updated and amended Utility Easement Area following the summary vacation.

6.3 Attachment 2 - Amendment to Grant of Utility Easement Agreement

31 2
NOW THEREFORE, the Parties declare as follows:

1.Utility Easement Area. Exhibit B-1 and Exhibit B-2 referenced in Section 1 of the Original Agreement and attached thereto are hereby deleted in their entirety and replaced with Exhibit B- 1 and Exhibit B-2, attached hereto and incorporated by reference herein.

2.Miscellaneous Provisions.
a.Entire Agreement. The Original Agreement and this Amendment (together, the “Agreement”) contain the entire understanding and agreement of the parties hereto relating to the rights herein granted and the obligations herein set forth herein. Any prior, contemporaneous, or subsequent written or oral representations and modifications concerning the Agreement shall be of no force or effect. The Agreement may be amended only by a written instrument signed by Owner and City.
b. Governing Law. The interpretation, construction and enforcement of the Agreement, and all matters relating hereto, shall be governed by the laws of the California. c. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. d. Recitals: Exhibits. The recitals above and the exhibits attached hereto are incorporated herein by reference.
e. Partial Invalidity. If any term or provision of this Amendment or the application of it to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of the Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of the Agreement shall be valid and shall be enforced to the extent permitted by law.
f. Not a Public Dedication. Except as expressly provided herein, nothing herein contained shall be deemed to be a gift or dedication of the Utility Easement Area or any other portion of the Property to the general public or for any public purpose whatsoever, it being the intention of the parties that this Amendment shall be limited to and for the purposes herein expressed.
g. Exhibits. The following exhibits are attached to this Amendment and are hereby incorporated herein by this reference for all purposes as if set forth herein in full:

Exhibit B-1 Legal Description of the Utility Easement Area; and Exhibit B-2 Plat of the Utility Easement Area.
[SIGNATURE APPEARS ON THE FOLLOWING PAGE]

6.3 Attachment 2 - Amendment to Grant of Utility Easement Agreement

32 [SIGNATURE PAGE TO AMENDMENT TO GRANT OF UTILITY EASEMENT AGREEMENT] IN WITNESS WHEREOF, the Owners have executed this Amendment as of the Effective Date.

CITY:

City of Foster City,
a California municipal corporation
By:

Name:

Its:

ATTEST:

By:
__________________, City Clerk
APPROVED AS TO FORM:

By:
__________________, City Attorney
OWNER:

BMR-LINCOLN CENTRE LP
a Delaware limited partnership
By:

Name:

Its:
.

6.3 Attachment 2 - Amendment to Grant of Utility Easement Agreement

33 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 ) On ____________________, 2022 before me, , Notary Public, 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)

6.3 Attachment 2 - Amendment to Grant of Utility Easement Agreement

34 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 )

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)

6.3 Attachment 2 - Amendment to Grant of Utility Easement Agreement

35 6.3
Attachment 2 - Amendment to Grant of Utility Easement Agreement

36 6.3
Attachment 2 - Amendment to Grant of Utility Easement Agreement

37 6.3
Attachment 2 - Amendment to Grant of Utility Easement Agreement

38 6.3
Attachment 2 - Amendment to Grant of Utility Easement Agreement

39 6.3
Attachment 2 - Amendment to Grant of Utility Easement Agreement

40 6.3
Attachment 2 - Amendment to Grant of Utility Easement Agreement

41 6.3
Attachment 2 - Amendment to Grant of Utility Easement Agreement

42 6.3
Attachment 2 - Amendment to Grant of Utility Easement Agreement

43 6.3
Attachment 2 - Amendment to Grant of Utility Easement Agreement

44 April 7, 2023
BKF Job No: 20157041

EXHIBIT A

LEGAL DESCRIPTION

VACATION OF PORTION OF EXISTING PUBLIC UTILITY EASEMENT Real property situate in the City of Foster City, County of San Mateo, State of California described as follows:

Being a portion of Adjusted Parcel 4 of that certain Lot Line Adjustment recorded January 14, 2016 as Document Number 2016-003690 of Official Records of the County of San Mateo, also being a portion of that certain Public Utility Easement recorded May 9, 2017 as Document Number 2017-040163 of Official Records of the County of San Mateo, more particularly described as follows:

Commencing at the most northerly corner of Adjusted Parcel 1, as shown on said Lot Line Adjustment (2016-003690); Thence along the easterly line of said Adjusted Parcel 1, South 19°14'15" East, 98.28 feet to the northerly line of said Adjusted Parcel 4; Thence along said northerly line North 73°11'07" East, 50.33 feet to a point on the east line of said Public Utility Easement (2017-040163);
Thence leaving said northerly line of said Adjusted Parcel 4, along the easterly and northerly line of said Public Utility Easement (2017-040163), the following eleven (11) courses:
1) South 8°08'34" East, 16.99 feet;
2) South 16°54'30" East, 15.18 feet;
3) North 73°04'08" East, 6.00 feet;
4) South 16°55'52" East, 16.00 feet;
5) South 73°04'08" West, 6.00 feet;
6) South 16°55'52" East, 26.55 feet;
7) North 73°05'56" East, 142.76 feet;
8) South 48°56'42" East, 168.22 feet;
9) North 83°04'16" East, 21.49 feet;
10) North 6°55'44" West, 10.50 feet;
11) North 83°04'16" East, 3.64 feet to the TRUE POINT OF BEGINNING; Thence continuing easterly along said Public Utility Easement (2017-040163), North 83°04'16" East, 32.58 feet;4670 Willow Road
Suite 250
Pleasanton Thence South 6°55'44" East, 2.59 feet;
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com

Page 1 of 2 ends

6.3 Attachment 3 - Exhibit A - Legal Description of Vacation of Portion of Existing Public Utility Easement and Exhibit B - Plat to Accompany Legal Description

45 April 7, 2023
BKF Job No: 20157041
Thence entering said easement South 73°11'05" West, 5.75 feet to the beginning of a tangent curve to the right, having a radius of 45.25 feet; Thence along said curve, through a central angle of 34°54'55", for an arc length of 27.57 feet to the TRUE POINT OF BEGINNING.

Containing 104 square feet, more or less.

As shown on plat attached hereto and by this reference made part hereof as Exhibit B.

All bearings and distances in the above description are grid, to convert to ground distances, multiply grid distances by a scale factor of 1.0000653.

For: BKF Engineers
Davis Thresh, P.L.S. No. 6868
4/7/2023
Dated
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com

Page 2 of 2 ends

6.3 Attachment 3 - Exhibit A - Legal Description of Vacation of Portion of Existing Public Utility Easement and Exhibit B - Plat to Accompany Legal Description

46 6.3
Attachment 3 - Exhibit A - Legal Description of Vacation of Portion of Existing Public Utility Easement and Exhibit B - Plat to Accompany Legal Description

47 6.3
Attachment 3 - Exhibit A - Legal Description of Vacation of Portion of Existing Public Utility Easement and Exhibit B - Plat to Accompany Legal Description

48 6.3
Attachment 3 - Exhibit A - Legal Description of Vacation of Portion of Existing Public Utility Easement and Exhibit B - Plat to Accompany Legal Description

49 6.3
Attachment 4 - Grant of Utility Easement Agreement recorded on May 9, 2017

50 6.3
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51 6.3
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52 6.3
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53 6.3
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54 6.3
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55 6.3
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56 6.3
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57 6.3
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58 6.3
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59 6.3
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60 6.3
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61 6.3
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62 6.3
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63 6.3
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64 6.3
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65 6.3
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66 6.3
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67 6.3
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68 6.3
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69 6.3
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72 6.3
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74 6.3
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75 6.3
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76 6.3
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85 6.3
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86 6.3
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87 6.3
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88 6.3
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89 6.3
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90 6.3
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91 6.3
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93 6.3
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95 6.3
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96 6.3
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97 6.3
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98 6.3
Attachment 4 - Grant of Utility Easement Agreement recorded on May 9, 2017

99 DATE: June 20, 2023

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

FROM: Tracy Avelar, Chief of Police
DEPARTMENT: Police
SUBJECT: AUTHORIZING A SCHOOL CROSSING GUARD AGREEMENT
FOR THE 2023-2024 SCHOOL YEAR

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to sign the School Crossing Guard Agreement with the San Mateo-Foster City School District for the 2023-2024 school year.

EXECUTIVE SUMMARY
The City has discussed with the San Mateo-Foster City School District the renewal of an agreement to provide school crossing guard services for the school year. The funding level authorized for Fiscal Year (FY) 2022-2023 was $21,600 towards helping the District provide this service, and no change is recommended for FY 2023-2024.

BACKGROUND
For over a decade, the San Mateo–Foster City School District and the City of Foster City have provided school crossing guard services through a cooperative agreement.

The agreement requires the School District to manage the hiring of guards and the

6.4 6.4 Staff Report

100

day-to-day operation of the program. The City of Foster City has been responsible for providing funding to the District for the administration of the program and payment of the guards.

During FY 2009-2010, the City increased its contribution to the current level of $21,600 to fund the Crossing Guard Program. Both the District and the Police Department monitor the program for effectiveness, and staffing reductions have been made in the past when warranted.

ANALYSIS
The City and the San Mateo-Foster City School District have discussed the current agreement for providing school crossing guard services. The recommended funding amount is $21,600, which is the same as was authorized for FY 2022-2023.

Subcommittees of the City Council and School Board have met in the past to explore alternative sources of funding for crossing guards (e.g., donations from individuals, organizations, businesses, grants, etc.). To the extent funding does come from these alternative sources, it will reduce the cost of the crossing guards and the payment made by the City to the School District. Through the School District’s outreach to the parents of students by placing donation information in the “back-to-school” packets, it has raised funds for the program in past years. The School District has agreed to include donation information again in the “back-to-school” packets for FY 2023-2024.

The San Mateo-Foster City School District will continue to manage the School Crossing Guard Program. They currently employ up to seven guards who staff crosswalks throughout the school day at the following locations:
•Gull Avenue in front of Audubon School
•Beach Park Boulevard and Edgewater Boulevard
•Beach Park Boulevard and Castor Street
•Polynesia Drive and Niantic Drive
•Shell Boulevard and Beach Park Boulevard
California Environmental Quality Act
This 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.

6.4 6.4 Staff Report

101

FISCAL IMPACT
$21,600 has been allocated in the FY 2023-2024 budget for this purpose. The same amount was allocated in FY 2022-2023.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Public Safety and Social Equity
ATTACHMENTS:

Attachment 1—Resolution
Attachment 2—School Crossing Guard Agreement 2023-2024

6.4 6.4 Staff Report

102

8 9
7 RESOLUTION NO. _____

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

AUTHORIZING THE MAYOR TO SIGN A SCHOOL CROSSING GUARD AGREEMENT WITH THE SAN MATEO–FOSTER CITY SCHOOL DISTRICT FOR THE 2023-2024

SCHOOL YEAR

CITY OF FOSTER CITY
WHEREAS, the City of Foster City wants to provide protection for the school children who are required to cross heavily traveled streets in the City; and WHEREAS, some protection can be afforded by placing crossing guards at specific locations in the City; and
WHEREAS, the San Mateo–Foster City School District wishes to cooperate in providing protection for school pupils pursuant to Education Code section 45450 et seq.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to sign a school crossing guard agreement dated June 19, 2023, with the San Mateo–Foster City School District for the school year in the amount of $21,600.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________

JON FROOMIN, MAYOR
ATTEST:
__________________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution

103

SCHOOL CROSSING GUARD AGREEMENT
For the 2023-2024 School Year

BETWEEN

THE CITY OF FOSTER CITY
&

THE SAN MATEO-FOSTER CITY SCHOOL DISTRICT
This agreement is made and entered into on the 19 th day of June 2023 by and between the City of Foster City, hereinafter “City,” and the San Mateo-Foster City School District, hereinafter “District.”
WHEREAS, the City wants to provide protection for the school children who are required to cross heavily traveled streets in the City; and WHEREAS, some protection can be afforded by placing crossing guards at specific locations in the City; and
WHEREAS, the District wishes to cooperate in providing protection for school pupils pursuant to Education Code section 45450 et seq.,
NOW, THEREFORE, it is agreed as follows:

1. The District shall select, hire, and supervise crossing guards and reliefs for the crossing guards as necessary for each of the locations and hours as prescribed in Exhibit “A” for all instructional school days of the school year. The crossing guards and their reliefs shall be considered and shall in fact be employees of the District for all purposes.

2. The City agrees to reimburse the District for wages and any related benefits paid by the District to the crossing guards and their reliefs based on a minimum of two (2) hours per day, per crossing guard, per location (except for the Edgewater and Beach Park Boulevards location which should be designated as a critical intersection and paid on a minimum of four (4) hours per day basis) and for daily administrative costs incurred in providing the crossing guards and their reliefs, so long as the total reimbursement does not exceed that figure agreed to pursuant to paragraph 6 below.

3. The District agrees to prioritize the staffing of crossing guard locations as follows:

A. Beach Park Blvd. and Edgewater Blvd.

B. Gull Avenue @ Audubon Elementary School
C. Polynesia Drive and Niantic Drive
D. Beach Park Blvd. and Castor St.

E. Shell Blvd. and Beach Park Blvd.

This order recognizes the critical nature of the first intersection and the desire to have at least one manually controlled crossing at each school.

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4. Not later than thirty (30) days after the close of each calendar quarter, the District shall bill the City for reimbursement of the costs described in paragraph 2 above. The City shall pay the bill within thirty (30) days of receipt.

5. The City shall provide the District crossing guard signs and the District shall provide the signs to the crossing guards.

6. The City agrees to reimburse the District up to a maximum of $21,600 for the period July 1, 2023, through June 30, 2024, for crossing guard services as prescribed in Exhibit “A,” attached hereto and incorporated herein.

7. At any time during the term of this agreement, the District or the City may request that the list attached as Exhibit “A” hereto be amended by deleting or adding one or more locations.

If after consideration of such request the City determines that a location either should or should not have a crossing guard, the City Council may, by resolution, amend the list attached as Exhibit “A.” If a location is added, the District shall promptly provide a crossing guard at that location pursuant to this agreement. If the location is deleted, the District shall promptly remove the crossing guard and immediately cease billing for that location.

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

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

9. Insurance. District shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability, and professional liability insurance coverage relating to District’s services to be performed hereunder covering City’s risks in form subject to the approval of the City Attorney and/or City’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum

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Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury
and property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage required to
the extent applicable to District’s vehicle
usage in performing services hereunder)
Concurrently with the execution of this Agreement, District shall, on the Insurance Coverage form provided in Exhibit B, furnish City with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after City shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;
(b) Naming the City of Foster City and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, as additional insureds; and
(c) Providing that District’s insurance coverage shall be primary insurance with respect to City of Foster City and Estero Municipal Improvement District, its Council, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by City for itself, its Council, officers, boards, commissions, employees, or agents shall be in excess of District’s insurance and not contributory with it.

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

11. The terms of this agreement shall expire on June 30, 2024.

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12. The City and District shall meet during the term of this agreement to evaluate the need for crossing guards for the next school year and to negotiate a successor agreement.

13. Notices sent pursuant to this agreement shall be addressed as follows:

To the City:

City Manager
City of Foster City
610 Foster City Boulevard
Foster City, CA 94404
To the District:

Superintendent
San Mateo-Foster City School District
1170 Chess Drive
Foster City, CA 94404

14. This agreement may only be amended by mutual agreement in writing.

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

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

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

SAN MATEO-FOSTER CITY SCHOOL

DISTRICT
Dated:

President, Board of Trustees
ATTEST:

Dated: ________________________________ Clerk of the Board of Trustees

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Exhibit “A”

SCHOOL CROSSING AM SHIFT PM SHIFT MINIMUM DAY
Audubon Gull Ave. 8:00-8:25 2:30-3:15 12:15-1:00
Brewer Island Polynesia/Niantic Dr. 7:45-8:30 2:30-3:05 11:15-12:55 Foster City Edgewater/Beach Park
Blvd.
7:40-9:40 2:10-4:10 12:05-2:05
Foster City Castor St./Beach Park
Blvd.
7:30-8:30 2:00-3:00 12:00-1:00
Beach Park Shell Blvd/ Beach Park
Blvd.
8:00-8:30 1:00-1:30 &
2:50 – 3:20
12:40 – 1:10

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EXHIBIT B

INSURANCE FORMS
District shall provide, in addition to the Certificates of Insurance, original Endorsement affecting the coverages specified in Section 9 - INSURANCE of the Agreement on the attached form. No substitute form will be accepted.

ATTACHED

1. Insurance Coverage Form

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7 DATE: June 20, 2023

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

FROM: Ray Towne, Interim Public Works Director
Laura Galli, Engineering Manager
Ryan Marquez, Senior Engineer
DEPARTMENT: Public Works Department
SUBJECT: AWARD OF A SOLE SOURCE VENDOR SERVICES
AGREEMENT TO SAMCLAR, INC. FOR THE PURCHASE AND

INSTALLATION OF OFFICE FURNITURE AT CITY HALL FOR
GOVERNMENT REHABILITATION CENTER PROJECT (CIP 301-
706)

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

1. The Mayor to execute an agreement with Samclar, Inc. in the amount of $91,314.38 for a vendor services agreement for the purchase and installation of office furniture at City Hall for the Government Center Rehabilitation Center Project (CIP 301-706); and

2. The establishment of a contingency in the amount of $20,000 with authorization given to the City Manager or his designee, to execute contract amendments up to the contingency amount.

EXECUTIVE SUMMARY
CIP 301-706 consists of the purchase, installation, and reconfiguration of City Hall office furniture to accommodate the staffing needs of the Community Development, Public Works, and City Clerk Departments. The existing City Hall workstations utilize

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3 5
7 Allsteel’s Concensys modular panel and desking system that was installed with the original Government Center building construction in 2003. The panel system is being discontinued by the manufacturer at the end of June 2023. A sole source award of a vendor services agreement to Samclar allows the City to re-use components of its existing furniture, purchase only the pieces needed to create the added workstations, keep one furniture system in place maintaining the ability to interchange pieces throughout City Hall in the future, and saves on the replacement costs of an entire new panel system.

Section 3.04.110B of the Foster City Municipal Code provides for the sole source of goods when the commodity can be obtained from only one vendor. Allsteel has one distributor in the Bay Area, Samclar, Inc. (Samclar). In addition, Samclar provided California Multiple Award Schedules (CMAS) pricing which is considered competitive and is often sole sourced by local agencies. Samclar submitted a proposal in the amount of $91,314.38, (the pricing which comes from AllSteel’s CMAS contract which is discounted approximately 77% from their listed prices) and has been determined reasonable based on the scope of services requested. CIP 301-706 has a remaining budget of $183,651.45, sufficient to fund this project.

Installation is anticipated to start in September of 2023 and is estimated to take 5-10 days to complete. All regular public services will still be available during this time.

BACKGROUND
The current modular furniture in City Hall was installed with the building in 2003. Over the years the staffing needs have changed, and in-house modifications have been made by the City’s building maintenance staff. However, due to recent department re- organizations, multiple departments noted a need for more cubicle spaces to accommodate the changes in staffing. This work is beyond what the City’s building maintenance staff can perform.

Based on its generally good condition, it was determined most cost effective and efficient to re-use the City’s existing furniture system and supplement with the purchase of some additional needed pieces to create new workstations and reconfigure existing work areas. Consequently, staff contacted Allsteel regarding furniture services. Allsteel pointed staff to their sole distributor in the Bay Area, Samclar for ordering and installation of Allsteel office furniture. In April 2023, Staff learned that the existing modular panel system used in City Hall, Consensys by Allsteel, will be discontinued, and no new orders will be accepted after June 30, 2023.

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3 5
7 ANALYSIS
This project will supplement and reconfigure existing furniture. Staff believes that Samclar is uniquely qualified to provide these services. Per Foster City Municipal Code

3.04.110B, requirements for bids may be dispensed with for commodities that can be obtained from only one vendor. Samclar is the sole distributor for the modular system the City currently uses and thus meets FCMC 3.04 110B. Nonetheless, Allsteel and Samclar have multiple “piggyback” contracts that are stringently negotiated and/or competitively bid. One such contract, California Multiple Award Schedules (CMAS) is a state negotiated contract system for a wide variety of commodities and services at prices which have been assessed fair, reasonable, and competitive by the State of California Department of General Services and have been made available for use by local agencies. The pricing proposed for this work is from Allsteel’s CMAS contract, which is discounted approximately 77% from Allsteel’s listed prices. Thus, while this is a sole source procurement, the City can be assured the pricing is competitive.

Alternatively, the Council could instead direct staff to issue an RFP to solicit proposals from other vendors. If the Council instructs, staff would return seeking authorization to enter a contract after receiving responses to an RFP. This would likely push the project timeline back a few months, and the City would lose the opportunity to purchase product from AllSteel as it will be discontinued by then. Going with a different vendor will likely result in higher costs, as more panels and desk pieces will likely be needed to be ordered for areas where the products could not be integrated.

Installation is anticipated to occur in September of 2023 and is estimated to last five (5) to ten(10) days. No public services are anticipated to be interrupted during installation.

CEQA
CEQA Guideline Section 15061(b)(3), Common Sense Exemption.

FISCAL IMPACT
The agreed to costs associated with the recommended action are $91,314.38.

Additionally, staff is recommending a contingency of $20,000 (22%) to address any unforeseen circumstances that may arise before or during the work that may include:
additional moving or storage services, removal of old furniture that may no longer be needed, or additional furniture found to be needed after the reconfiguration.

The project currently has sufficient budget for this action. The project breakdown is below:

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7 Funding Source Amount
CIP City (301) $200,000
Total Budget $200,000
Expenditures Amount
City Manager Office (expended) $16,348
Samclar Vendor Services $91,314.38
Contingency $20,000
Total Anticipated Expenditures $127,662.38

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

Attachment 1 – Resolution
Attachment 2 – Agreement

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8 RESOLUTION NO.____________

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

AUTHORIZING THE AWARD OF A SOLE SOURCE VENDOR SERVICES
AGREEMENT TO SAMCLAR, INC. FOR THE PURCHASE AND INSTALLATION OF

OFFICE FURNITURE AT CITY HALL FOR THE GOVERNMENT CENTER REHABILITATION PROJECT (CIP 301-706) IN THE AMOUNT OF $91,314.38

CITY OF FOSTER CITY
WHEREAS, CIP 301-706 Government Center Rehabilitation Project was created to address the office furniture expansion and reconfiguration needs in various City Hall Departments; and
WHEREAS, City staff has negotiated a contract for vendor services with Samclar Inc. for the purchase, installation, and reconfiguration of office furniture at City Hall for the Government Center Rehabilitation Project (CIP 301-706); and WHEREAS, the existing office furniture in City Hall utilizes the Allsteel Concensys line, which Samclar Inc. is the sole distributor for in the Bay Area; and WHEREAS, engaging Samclar, Inc. will allow the City to re-use components of its existing furniture, purchase only pieces needed to create the added workstations, and save on the replacement costs of an entire new panel system; and WHEREAS, Foster City Municipal Code 3.04.110B allows for bids to be dispensed with if the commodity needed can only be obtained from one vendor; and WHEREAS, Samclar Inc.’s price proposal utilized pricing California Multiple Award Schedules, a state negotiated contract system for a wide variety of commodities and services at prices which have been assessed fair, reasonable, and competitive by the State of California Department of General Services and have been made available for use by local agencies; and
WHEREAS, this Project is categorically exempt pursuant to CEQA Guidelines Section 15301(b) – Existing Facilities and Section 15061(b)(3) – Common Sense; and WHEREAS, total funding in the amount of $200,000 was approved in the budget for CIP 301-706 Government Center Rehabilitation Project.

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

1. The Mayor to execute an agreement with Samclar, Inc. in the amount of $91,314.38 for a vendor services agreement for the purchase and installation

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8 of office furniture at City Hall for the Government Center Rehabilitation Project (CIP 301-706); and

2. The establishment of a contingency in the amount of $20,000 with authorization given to the City Manager or his designee to execute contract change orders up to the contingency amount.

BE IT FURTHER RESOLVED minor, non-substantive revisions may be approved by the City Manager and the City Attorney, and any other documents may be executed as necessary to effectuate the terms of the Agreement as authorized above.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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VENDOR AGREEMENT FOR PRODUCTS AND/OR SERVICES
FOR
CIP 301-706 – Government Center Rehabilitation

This Agreement is made and entered into as of the 20 th day of June, 20 23 by and between the City of Foster City hereinafter called "CITY" and Samclar, Inc. hereinafter called "VENDOR".

RECITALS

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

A. That CITY desires to engage VENDOR to provide a product and/or services to the CITY;

B. That VENDOR is specially trained, experienced and competent to perform and has agreed to provide the product and/or services to the CITY and;

C. That the CITY has elected to engage VENDOR upon the terms and conditions as hereinafter set forth.

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

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

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

B. Product. The product to be supplied by VENDOR under this Agreement is 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.

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

VENDOR’s obligation to provide the product includes but is not limited to, the provision of all labor, equipment, materials, testing and any other

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required work or services or costs of any type incidental to the supply of the product.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by VENDOR, whichever date shall first occur.
(b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct VENDOR 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 VENDOR 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 VENDOR demanding such cure, in which case VENDOR shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case VENDOR 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.

VENDOR shall continue its work throughout the course of any dispute, and VENDOR’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment . CITY shall compensate VENDOR for all products supplied or services performed by VENDOR hereunder as shown in Exhibit B attached hereto and by this reference i ncorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum ninety one thousand three hundred fourteen dollars and thirty eight cents ($91,314.38). Invoices for amounts in excess of sum ninety one thousand three hundred fourteen dollars and thirty eight cents ($91,314.38) shall not be paid unless additional amounts have been approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Manager (for contracts less than $50,000) or City Council (fo r contracts $50 ,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon VENDOR meeting contract milestones as defined in

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Exhibit B. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Additional Services . In the event CITY desires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services shall be authorized in advance by CITY’s City Man ager (for contracts le ss than $50 ,000) or City Coun cil (for contracts $5 0,000 or more) by motion duly made and carried. Such amendment to this Agreement shall include a descr iption of the product to be delivered or services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

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

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

7. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by VENDOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY

8. Relationship of Parties. VENDOR is an independent Contractor and does not act as CITY’s agent i n any capacity, whatsoev er. VENDOR is not entitled to any benefits that CITY provides to CITY employees, including, without limitation, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the VENDOR’s provision of Services, not the means, methods, or scheduling of the VENDOR’s work. VENDOR shall be solely responsible for the means, methods, techniques, sequences and procedur es with respect to its p rovision of Services under this Agreement. VENDOR shall pay all payroll taxes imposed by any governmental entity and shall pay all other taxes not specifically identified in this Agreement as CITY’s responsibility.

9. Schedule. VENDOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the delivery of products or performanc e of s ervices occasioned by

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governmental reviews of VENDOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, VENDOR’s officers or employees.

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

10. Force Majeure. Except for defaults of subcontractors at any tier, VENDOR shall not be liable for any excess costs if the failure to per form the Agreement arises from causes beyond the control and without the fault or negligence of VENDOR, 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), abn ormal weather conditions beyond the parameters otherwise set forth in this Article, nuclear accidents, strikes, lockouts, freight embargos, interruptions in service by a regulated utility, or governmental statutes or regulations enacted or imposed after the fact (together, “force majeure events”).

11. VENDOR’s Liability for Injury to Persons or Damage to Property. a. VENDOR shall be liable for damages arising out of injury to the person and/or damage to City property, City employees, persons designated by City for training, or any other person(s) other than VENDOR’s agents or employees, desi gnated by City for any purpose prior to, during, or subsequent to delivery, installation, acceptance, and use of the Products either at VENDOR’s site or at City’s place of business, provided that the injury or damage was caused by VENDOR’s fault or negligence.
b. VENDOR shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by VENDOR, or for damage to alterat ions o r attachments that may result from the normal operation and maintenance of the Products in accordance with the Agreement.

12. Indemnity. To the fullest extent allowed by law, VENDOR hereby agrees to defend, indemnify, and save harmless CITY and Estero Mun icipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economi c harm , injury to or death of any person, including an employee of VENDOR or its Subcontractors), cost (including, without limitation, costs and fees of litigation) of every nature, kind or

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description, at law or equity, which may be brought against, or suffered or sustained by, CITY or Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of , pertain to, or relate to any negligence, recklessness, or willful misconduct of VENDOR, any Subcontractor , 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 VENDOR shall meet and confer with other parties regarding unpaid defense costs.

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

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

The defense and indemnification obli gations 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. Patent, Copyright and Trade Secret Indemnity.

a. VENDOR shall hold City, its officers, agents and em ployees, harmless from liability of any nature or kind, including costs and expenses, f or infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or
unpatented invention, article or appliance furnished or used in connection with the Agreement.
b. VENDOR may be required to furnish a bond to City against an y and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement.
c. VENDOR, at its own expense, shall defend any action brought against City to the extent that such action is based upon a claim that the Products supplied by VENDOR or the operation of such Products pursuant to a current version of VENDOR supplied operating software infringes a patent or copyright or violat es a trade secret. VENDOR shall pay those costs and damages finally awarded against Ci ty in any such action. Such defense and payment shall be conditioned on the following:

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i. That VENDOR shall be notified within a reasonable time in writing by City of any notice of such claim; and
ii. That VENDOR shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of
government or public law are involved, City shall have the option to participate in such action at its own expense.
d. Should the Products, or the operation thereof, become, or in VENDOR’s opinion are likely to become, the subject of a claim of infringement of a patent or copyright or a trade secr et, City shall permit VENDOR at its option and expense either to procure for City the right to continue using the Products, or to replace or modify the same so that they become non infringing. If none of these options can reasonably be taken, or if the use of such Products by City shall be prevented by injunction, VENDOR agrees to take back such Products and make every reasonable effort to assist City in procuring substitute Products . If, in the sole opinion of City, the return of such infringing Pr oducts makes the retention of other Products acquired from VENDOR under the Agreement
impractical, City shall then have the option of terminating the Agreement, or applicable portions thereof, without penalty or termination charge. VENDOR agrees to take back su ch Products and refund any sums City has paid VENDOR less any reasonable amount for use or damage.
e. VENDOR shall have no liability to City under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon.
i. The combination or utilization of Products furnished hereunder with equipment or devices not made or furnished by VENDOR; or
ii. The operation of equipment furnished by VENDOR under the control of any operating software other than, or i n addition to, the current version of VENDOR supplied
operating software; or
iii. The m odification by City of the equipment of software furnished hereunder; or
iv. The combination or utilization of software furnished hereunder with non-VENDOR supplied software.
f. VENDOR certifies that it has appropriate systems and controls in place to ensure that City funds will not be used in the performance of the Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws.

14. Insurance. Prior to execution of this Agreement, VENDOR shall furnish to CITY Certificates of Insurance showing satisfactory proof that it maintains the insurance required by this Agreement as set forth in EXHIBIT C,

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Insurance, which are attac hed and made a part of this Agreement.

VENDOR shall maintain all required insurance throughou t the term of this Agreement and as otherwise provided in EXHIBIT C. In the event VENDOR fails to maintain any required insurance, and notwithstanding Paragraph 3 above, CITY may (but is not obligated to) purchase such insurance and deduct or retain prem ium amounts from any sums due VENDOR under this Agreement (or VENDOR shall promptly reimburse CITY for such expense).

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

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

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

17. Notice. All notices requir ed by this Agreement shall be given to the CITY and VENDOR in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299

6.5 Attachment 2 - Agreement

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8 Updated 1/10/2022

Attention: Ryan Marquez

VENDOR: Samclar, Inc.
1221 Diamond Way
Concord, CA 94520
Attention: Maria Baldwin
Email Address: [email protected]

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

19. Substitutions. VENDOR may not substitute any Products or Services without City’s advance written c onsent. VENDOR shall not use any specification in lieu of those contained in the Agreement without City’s advance written consent.

20. W arranty. Unless otherwise specified, the warranties contained in the Agreement begin after acceptance has occurred.

a. VENDOR warrants that all Products and Services furnished hereunder will conform to the requirements of the Agreement (including all descriptions, specifications and drawings made a part hereof). All Products will be merchantable, fit for their intended purposes, free from all defects in materials and workmanship and to the extent not manufactured pursuant to detailed designs furnished by City, f ree from defects in design. No approval of designs, specifications or other Services furnished by VENDOR shall relieve VENDOR of its obligations under this warranty. b. All warranties, including special warranties specified elsewhere herein, shall inure to City, its successors and assigns, and any users of the Products or Services.

21. Samples.

a. City may req uire samples of items inspection and specification testing and must be furnished free of expense to City. The samples furnished must be identical in all respects to the products bid and/or specified in the Agreement.
b. Samples, if not destroyed by tests, may, upon VENDOR’s request made at the time the sample is furnished, be returned at VENDOR’s expense.

22. Newly Manufactured Products. All Products shall be newly manufactured products; used or reconditioned products are prohibited, unless otherwise specified.

6.5 Attachment 2 - Agreement

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9 Updated 1/10/2022

23. Packing and Shipment.

a. All Products shall be packed in suitable containers for protection in shipment and storage, an d in accordanc e with applicable specifications. Each container of a multiple container shipment shall be identified to:
i. show the number of the container and the total number of containers in the shipment; and
ii. the number of the container in which the packing sheet has been enclosed.
b. All shipments by VENDOR or its subcontractors must include packing sheets identifying City’s Contract number; item number; quantity and unit of measure; description of the Products shipped; and appropriate evidence of inspection, if required.
c. Shipments must be made as specified in the Agreement , as it may be amended, or otherwise directed in writing by City.

24. Transportation Costs and Other Fees or Expenses. No charge for delivery, drayage, express, parcel post, packi ng, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by City unless ex pressly authorized by and itemized in the Agreement .

Unless otherwise directed by City in writing, all Products and components thereof shall be delivered f.o.b. Point of Delivery. VENDOR shall select the means and methods of transportation.

25. Inspection, Acceptance and Rejection.

a. VENDOR and its subcontractors shall provide and maintain a quality assurance system acceptable to City covering Products and Services under the Agreement and will tender to City only Products that have been inspected and found to conform to all requirements.

VENDOR will keep records evidencing inspections and their result, and will make these records availa ble to City during the Agreement performance and for three years after final payment. VENDOR shall permit City to re view procedures, practices, processes and related documents to determine the acceptability of VENDOR’s quality assurance system or other business p ractices related to performance of the Agreement.
b. All Products may be subject to inspection and test by Ci ty or its authorized representatives.
c. VENDOR and its subcontractors shall provide all reasonable facilities for the safety and convenience of in spectors at no additional cost to City. VENDOR shall furnish to inspectors all information and data as may be reasonably required to perform their inspection.

6.5 Attachment 2 - Agreement

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10 Updated 1/10/2022

d. All Products may be subject to final inspection, test and acceptance by City, notwithstanding any payment or other inspection. e. City shall give written notice of rejection of Products delivered or Services performed within a reasonable time after receipt of such Products or performance of such Services. Such notice of rejection will sta te the respects in which the items do not substantially conform to their specifications. If City does not provide such notice of rejection within thirty (30) days of delivery, unless otherwise specified in the Agreement, such Products and Services w ill be deemed to have been accepted. Acceptance shall not be
construed to waive any warranty rights that City might have at law or by express reservation in the Agreement with respect to any nonconformity, or any other rights provided by law.

26. Compliance With Statutes and Regulations . VENDOR covenants that in the performance of the Agreement it will comply with all applicable statutes, rules, regulations and orders of the United States, the State and City, and shall defend, indemnify and hold the City harmless against any loss, cost, damage or liability by reason of VENDOR’s violation of this provision.

27. National Labor Relations Board Certification. VENDOR swears under penalty of perjury that no more than one final, unappealable finding of contempt of c ourt by a federal court has been issued against VENDOR within the immediately preceding two- year period because of VE NDOR’s failure to comply with an order of the National Labor Relations Board.

28. Covenant Against Gratuities. VENDOR warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by VENDOR, or any agent or represen tative of VENDOR, to any officer or employee of City with a view toward securing the Agreement or securing favorable treatment with respec t to any determinations concerning the performance of the Agreement. For breach or violation of this warranty, City shall have the right to terminate the Agreement, either in whole or in part, and any loss or damage sustained by City in procuring on the open market any items which VENDOR agreed to supply shall be borne and paid for by VENDOR. The rights and remedies of City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity.

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

30. 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.

6.5 Attachment 2 - Agreement

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11 Updated 1/10/2022

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

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

33. C onflict of Int erest. VENDOR represents and warrants that it presently has no interest, and shall not have any interest, di rect or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, VENDOR represents to and agrees with CITY that VENDOR has disclosed any potential conflict of interest, and w ill have no future conflict of interest, in providing CITY services hereunder, including but not limited to, any interest (financial, share ownership, shared management, shared directors, or reporting responsibilities) VENDOR may presently have, or will ha ve in the future, with respect to any other person or entity (including but not limited to potential VENDORs, consultants, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

34. Confidentiality. Any information, whether proprietary or not, made known to or discovered by VENDOR during the performance of or in connection with the Agreement for City, will be kept confidential and not be disclosed to any other person. VENDOR will immediately notify City in writing if it is requested to disclose any information made known to or discovered by during the performance of or in connection with the Agreement. These confidentiality provisions and limitations shall remain fully effective indefinitely after VENDOR’s completion of the Agreement.

6.5 Attachment 2 - Agreement

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12 Updated 1/10/2022

35. Waiver of Default. Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agr eement is modified as provided below.

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

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

CITY OF FOSTER CITY

Dated: _________________________________ John Froomin, Mayor

ATTEST:

Dated: ________________________________ Priscilla Schaus, City Clerk

APPROVED AS TO FORM

Dated:

Benjamin Stock, City Attorney

SAMCLAR, INC.

Dated:

Maria Baldwin, Accounting Manager

6.5 Attachment 2 - Agreement

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13 Updated 1/10/2022

EXHIBIT A

SCOPE OF WORK and SCHEDULE
FOR
CIP 301-706 – Government Center Rehabilitation

Scope of Deliverables:
• Furnish, assemble, and install workplace furniture per attached layout • Uninstall and reinstall any existing workplace furniture for reuse in attached layout.
• Move any incidental furniture to complete reconfigure or installation of attached layout.
• As built furniture layout plans for reconfigured or newly installed areas in pdf and dwg file types.

Scope of Services:
• Furniture layout and specifications.
• Furniture procurement, assembly, installation, and all incidental work. • Project management of furniture installation including coordination with City representatives.

Project Schedule:
• Project shall have 5 working days to be determined upon mutual agreement once furniture has been manufactured and delivered to Samclar.

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14 Updated 1/10/2022

EXHIBIT B

VENDOR’S FEES and PAYMENT MILESTONES

Summary : per attached schedule

Total Contract Services : $91,314.38

Itemized Fees: per attached schedule

6.5 Attachment 2 - Agreement

131

Proposal
Sam Clar Office Furniture
An Insidesource Company
1221 Diamond Way
Concord, CA 94520
https://samclar.com/
Order Number 4718
Order Name Concensys project/Laura
office
Date 06/14/2023
Customer PO No
Contract Number
Customer Name Foster City
Salesperson Dan Peters
Project Number
Project Name
Terms NET 30

Page 1 ends

24 B
I
L
L

T
O
Foster City
610 Foster City Blvd
Foster City, CA 94404
ATTN: Ryan Marquez
Phone: 650/286-3588
Email: [email protected]

I
N
S
T
A
L
L

A
T
Foster City
610 Foster City Blvd
Foster City, CA 94404
ATTN: Ryan Marquez
Phone: 650/286-3588
Email: [email protected]

Prepared for : Ryan Marquez
Allsteel CMAS Contract
PO issued to:

Allsteel
c/o Sam Clar
2210 Second Avenue
Muscatine IA 52761
Line Quantity Description List Unit Price Extended
Amount
1 82.00
Each
Sam Clar Office Furniture Inc.

DESIGN SERVICES
Design
% Off List: 0.00

0.00 90.00 7,380.00
2 1.00
Each
Sam Clar Office Furniture Inc.

ASSEMBLY
Reconfiguring
Prevailing Wage
% Off List: 0.00

0.00 19,827.00 19,827.00
3 10.00
Each
Allsteel Inc.
801069P--$(A)-.LC-928-$(P1)-.P02
STRAIGHT CONN KIT 69H LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
160.00 35.84 358.40
4 1.00
Each
Allsteel Inc.
801132P--$(A)-.LC-928-$(P1)-.P02
ELL CONN KIT 32H LOW PROFILE PAINTED
226.00 50.62 50.62

6.5 Attachment 2 - Agreement

132

Page 2 ends

24 $(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
5 3.00
Each
Allsteel Inc.
801169P--$(A)-.LC-928-$(P1)-.P02
ELL CONN KIT 69H LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
273.00 61.15 183.45
6 2.00
Each
Allsteel Inc.
801269P--$(A)-.LC-928-$(P1)-.P02
TEE CONN KIT 69H LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
435.00 97.44 194.88
7 5.00
Each
Allsteel Inc.
801369P--$(A)-.LC-928-$(P1)-.P02
CROSS CONN KIT 69H LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
435.00 97.44 487.20
8 12.00
Each
Allsteel Inc.
801469P--$(A)-.LC-928-$(P1)-.P02
PANEL END COVER-FABRIC 69H LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
160.00 35.84 430.08

6.5 Attachment 2 - Agreement

133

Page 3 ends

24 $(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
9 1.00
Each
Allsteel Inc.
801550--$(P1)-.P02
PERMANENT-WALL HANGER KIT 65H - PAIR
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
176.00 39.42 39.42
10 7.00
Each
Allsteel Inc.
861848--$(A)-.LC-928
TACKBOARD 48W 18H
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
369.00 82.66 578.62
11 2.00
Each
Allsteel Inc.
861860--$(A)-.LC-928
TACKBOARD 60W 18H
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
408.00 91.39 182.78
12 4.00
Each
Allsteel Inc.
891348SG--$(P1)-.P27
STACKING GLASS PANEL 13H X 48W
$(P1):P1 Paint Opts
.P27:Matte Black
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
1,410.00 315.84 1,263.36
13 1.00
Each
Allsteel Inc.
893224P--$(A)-.LC-928-$(P1)-.P02
ACOUSTICAL PANEL 32H X 24W LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
757.00 169.57 169.57

6.5 Attachment 2 - Agreement

134

Page 4 ends

24 Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
14 6.00
Each
Allsteel Inc.
894348P--$(A)-.LC-928-$(P1)-.P02
ACOUSTICAL PANEL 43H X 48W LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
1,156.00 258.94 1,553.64
15 3.00
Each
Allsteel Inc.
896948P--$(A)-.LC-928-$(P1)-.P02
ACOUSTICAL PANEL 69H X 48W LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
1,394.00 312.26 936.78
16 9.00
Each
Allsteel Inc.
896960P--$(A)-.LC-928-$(P1)-.P02
ACOUSTICAL PANEL 69H X 60W LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
1,522.00 340.93 3,068.37
17 1.00
Each
Allsteel Inc.

A6MREC3S2LCF--$(P1)-.P02-.X-.MEM
A6 MAX 3 STAGE 2 LEG C FOOT
$(P1):P1 Paint Opts
.P02:Flint
.X:Standard Glide
.MEM:Memory Preset
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
3,251.00 728.22 728.22
18 4.00 Allsteel Inc. 433.00 96.99 387.96

6.5 Attachment 2 - Agreement

135

Page 5 ends

24 Each A870830--.X
TASKLIGHT W/ELEC BALLAST FOR 30W
.X:No Color Choice
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
19 6.00
Each
Allsteel Inc.

A870842--.X
TASKLIGHT W/ELEC BALLAST FOR 42W
.X:No Color Choice
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
468.00 104.83 628.98
20 1.00
Each
Allsteel Inc.

A871148--.P
PASS-THRU HARNESS W/POWER BLOCK 48W
.P:Black
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
247.00 55.33 55.33
21 1.00
Each
Allsteel Inc.

A871160--.P
PASS-THRU HARNESS W/POWER BLOCK 60W
.P:Black
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
247.00 55.33 55.33
22 2.00
Each
Allsteel Inc.

A871230--.P
POWER HARNESS 30W
.P:Black
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
379.00 84.90 169.80
23 1.00
Each
Allsteel Inc.

A871236--.P
POWER HARNESS 36W
.P:Black
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
379.00 84.90 84.90
24 19.00
Each
Allsteel Inc.

A871248--.P
POWER HARNESS 48W
.P:Black
Tag: Tag TG: Floor-1 New Layout
403.00 90.27 1,715.13

6.5 Attachment 2 - Agreement

136

Page 6 ends

24 % Off List: 77.60
25 9.00
Each
Allsteel Inc.

A871501--.E9
DUPLEX RECEPT CIRCUIT 1 3+1 OR 2+2 SYSTEM
.E9:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.59

69.00 15.46 139.14
26 10.00
Each
Allsteel Inc.

A871502--.E9
DUPLEX RECEPT CIRCUIT 2 3+1 OR 2+2 SYSTEM
.E9:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.59

69.00 15.46 154.60
27 11.00
Each
Allsteel Inc.

A871503--.E9
DUPLEX RECEPT CIRCUIT 3 3+1 OR 2+2 SYSTEM
.E9:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.59

69.00 15.46 170.06
28 11.00
Each
Allsteel Inc.

A871504--.E9
DUPLEX RECEPT CIRCUIT 4 3+1 OR 2+2 SYSTEM
.E9:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.59

69.00 15.46 170.06
29 1.00
Each
Allsteel Inc.

A879072--.P
SIDE POWER IN-FEED CABLE 3+1 & 2+2 SYSTEMS
.P:Black
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
426.00 95.42 95.42
30 1.00
Each
Allsteel Inc.

AF5RS7830D--$(L1STD)-.LWD-.E9-.GC-P
78Wx30D Rect Lam Flat Edge Work Surface w Stiffener (76W x 29.25D) $(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.E9:Flint
.GC:Center Grommet
P:Plastic Grommet
Tag: Tag TG: Floor-1 New Layout
1,030.00 230.72 230.72

6.5 Attachment 2 - Agreement

137

Page 7 ends

24 % Off List: 77.60
31 1.00
Each
Allsteel Inc.

ALS1366MPD--.X-$(L1STD)-.LWD-.DD-.VLG-.P
13 INCH H 66 INCH W MODESTY LAM
.X:Non-FSC Wood
$(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.DD:Natural Maple *Prev EDD*
.VLG:HorizntlGrain and SolidLamOnly
.P:Black
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
672.00 150.53 150.53
32 1.00
Each
Allsteel Inc.

AMASD--.SVR

DYNAMIC DUAL MONITOR - STANDARD WEIGHT
.SVR:Silver Generic
Tag: Tag TG: Floor-1 New Layout
% Off List: 67.80
936.00 301.39 301.39
33 17.00
Each
Allsteel Inc.

CCB24L--$(P1)-.P02
CANTILEVER BKT 24D LH CONCENSYS
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60

81.00 18.14 308.38
34 8.00
Each
Allsteel Inc.

CCB24R--$(P1)-.P02
CANTILEVER BKT 24D RH CONCENSYS
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60

81.00 18.14 145.12
35 4.00
Each
Allsteel Inc.

CDG--$(P1)-.P02
GUSSETS (1 PR)
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
171.00 38.30 153.20
36 2.00 Allsteel Inc. 292.00 65.41 130.82

6.5 Attachment 2 - Agreement

138

Page 8 ends

24 Each CEP3029F--$(P1)-.P02
FREESTANDING 30DX29-1/2H END PNL SUP
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
37 1.00
Each
Allsteel Inc.

CS724--$(P1)-.P02
HALF HGT 14HX72W MOD PNL
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
268.00 60.03 60.03
38 2.00
Each
Allsteel Inc.

CSL2429F--$(P1)-.P02
FREESTANDING 24DX29-1/2H SUP LEG
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
228.00 51.07 102.14
39 1.00
Each
Allsteel Inc.

CVH13PF--$(A)-.LC-928-$(P1)-.P02
VARIABLE HGT 13H LOW PROFILE FABRIC
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
221.00 49.50 49.50
40 2.00
Each
Allsteel Inc.

CVH37PF--$(A)-.LC-928-$(P1)-.P02
VARIABLE HGT 37H LOW PROFILE FABRIC
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
239.00 53.54 107.08
41 1.00
Each
Allsteel Inc.

ESC536I--$(P1)-.P02-.STD
2,355.00 680.60 680.60

6.5 Attachment 2 - Agreement

139

Page 9 ends

24 ESSENTIALS 64-1/4HX36W STORAGECABINET INTEGRAL
$(P1):P1 Paint Opts
.P02:Flint
.STD:Standard Random key
Tag: Tag TG: Floor-1 New Layout
% Off List: 71.10
42 1.00
Each
Allsteel Inc.

OH1548FD--.CM-$(P1)-.P7B-.STD
15H X48W FLIPPER DOOR OVERHEAD-NO PULL
.CM:On Modular Concensys
$(P1):P1 Paint Opts
.P7B:Loft
.STD:Standard Random key
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
1,183.00 264.99 264.99
43 14.00
Each
Allsteel Inc.

PF197-303I--$(P1)-.P02-.STD
ESSENTIALS SUPPORT PED BBF 28HX28-7/8DX15W INTEGRAL PULL $(P1):P1 Paint Opts
.P02:Flint
.STD:Standard Random key
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
1,269.00 284.26 3,979.64
44 2.00
Each
Allsteel Inc.

PF198-302I--$(P1)-.P02-.STD
ESSENTIALS SUPPORT PED FF 28HX28-7/8DX15W INTEGRAL PULL $(P1):P1 Paint Opts
.P02:Flint
.STD:Standard Random key
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
1,269.00 284.26 568.52
45 2.00
Each
Allsteel Inc.

T53036S--$(L1STD)-.LWD-.E9-.P
PRIMARY 30DX36W FLAT EG LAM W/GROMMET
$(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.E9:Flint
.P:Plastic Grommet
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
539.00 120.74 241.48
46 11.00
Each
Allsteel Inc.

T53048S--$(L1STD)-.LWD-.E9-.P
614.00 137.54 1,512.94

6.5 Attachment 2 - Agreement

140

Page 10 ends

24 PRIMARY 30DX48W FLAT EG LAM W/GROMMETS
$(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.E9:Flint
.P:Plastic Grommet
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
47 2.00
Each
Allsteel Inc.

T53060S--$(L1STD)-.LWD-.E9-.P
PRIMARY 30DX60W FLAT EG LAM W/GROMMETS
$(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.E9:Flint
.P:Plastic Grommet
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
764.00 171.14 342.28
48 3.00
Each
Allsteel Inc.

T54830CR--$(L1STD)-.LWD-.E9-.P
CORNER 30DX48W W/RADIAL LEADING EG FLAT W/GROMS
$(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.E9:Flint
.P:Plastic Grommet
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
1,029.00 230.50 691.50
49 2.00
Each
Allsteel Inc.

T624FB
FLAT BRACKET 24D
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60

77.00 17.25 34.50
50 1.00
Each
Allsteel Inc.

Z5SC54
42W EXTERNAL SUPT CHANNEL FOR 54W W/S
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60

99.00 22.18 22.18
51 1.00
Each
Allsteel Inc.

Z5SC72
60W EXTERNAL SUPT CHANNEL FOR 72W W/S
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
133.00 29.79 29.79

6.5 Attachment 2 - Agreement

141

Page 11 ends

24 52 8.00
Each
Allsteel Inc.
801443P--$(A)-.LC-928-$(P1)-.P02
PANEL END COVER-FABRIC 43H LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
150.00 33.60 268.80
53 1.00
Each
Allsteel Inc.
801543P--$(A)-.LC-928-$(P1)-.P02
PANEL MOUNT TO WALL KIT 43H LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
327.00 73.25 73.25
54 7.00
Each
Allsteel Inc.
861842--$(A)-.LC-928
TACKBOARD 42W 18H
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
336.00 75.26 526.82
55 4.00
Each
Allsteel Inc.
894348P--$(A)-.LC-928-$(P1)-.P02
ACOUSTICAL PANEL 43H X 48W LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
1,156.00 258.94 1,035.76
56 9.00
Each
Allsteel Inc.
896942P--$(A)-.LC-928-$(P1)-.P02
ACOUSTICAL PANEL 69H X 42W LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
1,312.00 293.89 2,645.01

6.5 Attachment 2 - Agreement

142

Page 12 ends

24 928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
57 3.00
Each
Allsteel Inc.

A870830--.X
TASKLIGHT W/ELEC BALLAST FOR 30W
.X:No Color Choice
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
433.00 96.99 290.97
58 9.00
Each
Allsteel Inc.

A871242--.P
POWER HARNESS 42W
.P:Black
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
403.00 90.27 812.43
59 6.00
Each
Allsteel Inc.

CSF42--$(P1)-.P7B
42W CONCENSYS SHELF
$(P1):P1 Paint Opts
.P7B:Loft
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
471.00 105.50 633.00
60 1.00
Each
Allsteel Inc.

CVH37PF--$(A)-.LC-928-$(P1)-.P02
VARIABLE HGT 37H LOW PROFILE FABRIC
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
239.00 53.54 53.54
61 8.00
Each
Allsteel Inc.

CVH26PF--$(A)-.LC-928-$(P1)-.P02
VARIABLE HGT 26H LOW PROFILE FABRIC
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
229.00 51.30 410.40

6.5 Attachment 2 - Agreement

143

Page 13 ends

24 Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
62 5.00
Each
Allsteel Inc.

OH1542FD--.CM-$(P1)-.P7B-.STD
15H X42W FLIPPER DOOR OVERHEAD-NO PULL
.CM:On Modular Concensys
$(P1):P1 Paint Opts
.P7B:Loft
.STD:Standard Random key
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
1,132.00 253.57 1,267.85
63 6.00
Each
Allsteel Inc.

T52484S--$(L1STD)-.LWD-.E9-.P
PRIMARY 24DX84W FLAT EG LAM W/GROMMETS
$(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.E9:Flint
.P:Plastic Grommet
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
1,076.00 241.02 1,446.12
64 1.00
Each
Allsteel Inc.
893242P--$(A)-.LC-928-$(P1)-.P02
ACOUSTICAL PANEL 32H X 42W LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-2 New Layout
% Off List: 77.60
942.00 211.01 211.01
65 7.00
Each
Allsteel Inc.
896942P--$(A)-.LC-928-$(P1)-.P02
ACOUSTICAL PANEL 69H X 42W LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-2 New Layout
% Off List: 77.60
1,312.00 293.89 2,057.23
66 4.00
Each
Allsteel Inc.

A871224--.P
379.00 84.90 339.60

6.5 Attachment 2 - Agreement

144

Page 14 ends

24 POWER HARNESS 24W
.P:Black
Tag: Tag TG: Floor-2 New Layout
% Off List: 77.60
67 4.00
Each
Allsteel Inc.

A871242--.P
POWER HARNESS 42W
.P:Black
Tag: Tag TG: Floor-2 New Layout
% Off List: 77.60
403.00 90.27 361.08
68 1.00
Each
Allsteel Inc.

A871918--.P
CEILING ELECTRICAL IN-FEED CABLE 18FT FLEX CABLE
.P:Black
Tag: Tag TG: Floor-2 New Layout
% Off List: 77.60
548.00 122.75 122.75
69 6.00
Each
Allsteel Inc.

ELF336NI--$(P1)-.P02-.STD
ESS LAT 36W 39-1/8H 3-12IN DRWS INT PULL
$(P1):P1 Paint Opts
.P02:Flint
.STD:Standard Random key
Tag: Tag TG: Floor-2 New Layout
% Off List: 71.10
2,049.00 592.16 3,552.96
70 1.00
Each
Allsteel Inc.

ELF830NI--$(P1)-.P02-.STD
ESS LAT 30W 28H 2-12IN DRWS INT PULL
$(P1):P1 Paint Opts
.P02:Flint
.STD:Standard Random key
Tag: Tag TG: Floor-2 New Layout
% Off List: 71.10
1,468.00 424.25 424.25
71 2.00
Each
Allsteel Inc.

ISLAEEYB3642--.X-$(L1STD)-.LWD-.DD
STOR ISLA END PNL ESS USE W/BACK 36DX40H
.X:Non-FSC Wood
$(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.DD:Natural Maple *Prev EDD*
Tag: Tag TG: Floor-2 New Layout
% Off List: 75.60
616.00 150.30 300.60

6.5 Attachment 2 - Agreement

145

Page 15 ends

24 72 2.00
Each
Allsteel Inc.

ISLAUT1PYB7236S2--.X-$(L1STD)-.LWD-.DD
STOR ISLA TOP FOR USE W/ 1 EP/BACK 72WX36D S2
.X:Non-FSC Wood
$(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.DD:Natural Maple *Prev EDD*
Tag: Tag TG: Floor-2 New Layout
% Off List: 75.60
996.00 243.02 486.04
73 4.00
Each
Allsteel Inc.

T53042S--$(L1STD)-.LWD-.E9-.P
PRIMARY 30DX42W FLAT EG LAM W GROM
$(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.E9:Flint
.P:Plastic Grommet
Tag: Tag TG: Floor-2 New Layout
% Off List: 77.60
581.00 130.14 520.56
74 1.00
Each
Allsteel Inc.

T53066S--$(L1STD)-.LWD-.E9-.P
PRIMARY 30DX66W FLAT EG LAM W/GROMMETS
$(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.E9:Flint
.P:Plastic Grommet
Tag: Tag TG: Floor-2 New Layout
% Off List: 77.60
825.00 184.80 184.80
75 1.00
Each
Allsteel Inc.

T53090S--$(L1STD)-.LWD-.E9-.P
PRIMARY 30DX90W FLAT EG LAM W/GROMMETS
$(L1STD):Grd L1 Standard Laminates
.LWD:Natural Maple
.E9:Flint
.P:Plastic Grommet
Tag: Tag TG: Floor-2 New Layout
% Off List: 77.60
1,448.00 324.35 324.35
76 1.00
Each
Allsteel Inc.

Z6CLFR--$(P1)-.P02

FIXED C-LEG RIGHT FOR FLAT/SQ EDGE
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-2 New Layout
584.00 142.50 142.50

6.5 Attachment 2 - Agreement

146

Page 16 ends

24 % Off List: 75.60
77 1.00
Each
Allsteel Inc.

Z6PL40HP--$(P1)-.P02
HGT ADJ POST LEG 40-1/2H PR FLAT/SQ EG
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-2 New Layout
% Off List: 75.60
1,046.00 255.22 255.22
78 3.00
Each
Allsteel Inc.
801550--$(P1)-.P02
PERMANENT-WALL HANGER KIT 65H - PAIR
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
176.00 39.42 118.26
79 2.00
Each
Allsteel Inc.
861842--$(A)-.LC-928
TACKBOARD 42W 18H
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
Tag: Tag TG: Floor-3 New Layout
% Off List: 77.60
336.00 75.26 150.52
80 2.00
Each
Allsteel Inc.
861848--$(A)-.LC-928
TACKBOARD 48W 18H
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
369.00 82.66 165.32
81 8.00
Each
Allsteel Inc.
801069P--$(A)-.LC-928-$(P1)-.P02
STRAIGHT CONN KIT 69H LOW PROFILE PAINTED
$(A):Grd A FAB
.LC:Lucy
928:Snowdrop
$(P1):P1 Paint Opts
.P02:Flint
Tag: Tag TG: Floor-1 New Layout
% Off List: 77.60
160.00 35.84 286.72

6.5 Attachment 2 - Agreement

147

Page 17 ends

Foster City City CouncilJune 20, 2023

Foster City City Council
June 20, 2023