Agenda packet — Foster City City Council, August 21, 2023 (part 1 of 3)

CITY OF FOSTER CITY/
ESTERO MUNICIPAL IMPROVEMENT DISTRICT
FOSTER CITY COUNCIL CHAMBERS
620 FOSTER CITY BOULEVARD
FOSTER CITY, CALIFORNIA
MEMBERS OF THE PUBLIC THAT WISH TO ATTEND AND/OR PARTICIPATE IN A MEETING MAY DO SO IN PERSON OR BY JOINING THE ZOOM MEETING HTTPS://FOSTERCITYORG.ZOOM.US/J/83271462578 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:

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 nonagenda 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/83271462578 To dialin via phone:
16694449171 or
16699006833
And enter Webinar ID: 832 7146 2578
To Participate in the Meeting by Providing Public Comment via Teleconference/Video Conference:

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

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

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

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

AGENDA
Monday, August 21, 2023 6:30 PM
1 teeetgbyeatopubccoet@ostectyogadbeadepatotetteecodbutotbe read verbally at the meeting. Written public comments submitted by email should adhere to the following:

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

AGENDA
Monday, August 21, 2023 6:30 PM
REGULAR MEETING AS CITY COUNCIL/EMID BOARD OF

DIRECTORS

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

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

4. SPECIAL PRESENTATIONS

4.1. A Proclamation Declaring September 2023 as "National Emergency Preparedness Month"

4.2. A Proclamation Recognizing September 2023 as “Recovery Happens Month”

4.3. A Proclamation Recognizing September 2023 as “Suicide Prevention Month”

4.4. A Proclamation Recognizing September 2023 as “Childhood Cancer Awareness 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 2 pppygp
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 Regular Meeting Minutes of August 7, 2023

6.2. An Ordinance of the City of Foster City Creating Chapter 2.56 “Municipal Elections,” and Adding Section 2.56.030 “Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements” to Chapter 2.56; and Amending Sections 2.08.380 “Term Limits” and 2.08.390 “General Municipal Elections Designated” to Remove Them From Chapter

2.08 “City Council” and Relocating Them to Sections 2.56.010 and 2.56.020 of Chapter 2.56 within Title 2 “Administration and Personnel” of the Foster City Municipal Code (First Reading on August 7, 2023)
a) Adopt Ordinance

6.3. An Ordinance of the City of Foster City Repealing and Replacing Chapter

1.12, “Procedure and Limitations Period for Filing Claims” of the Foster City Municipal Code to Revise the Claim Presentation Timeline and Make Edits to Conform to the Government Claims Act and Delegate Authority to the City Manager to Review, Reject or Settle Certain Claims (First Reading on August 7, 2023)
a) Adopt Ordinance

6.4. A Resolution of the City Council of the City of Foster City Approving the Acquisition of Real Property Located at 1245 San Carlos Avenue, Suite E, San Carlos, California by the South Bayside Waste Management Authority a) Staff Report
b) Adopt Resolution

6.5. A Resolution of the City Council of the City of Foster City Authorizing the Execution of a Task Order With Hexagon Transportation Consultants, Inc. For OnCall Traffic Engineering and Transportation Services in the Amount of $66,000 to Perform the 2023 Engineering and Traffic Survey; and Finding That the Project is Categorically Exempt Pursuant to the California Environmental Quality Act (CEQA) Guidelines §15061(B)(3)) a) Staff Report
b) Adopt Resolution
66AResolutionoftheCityCounciloftheCityofFosterCityAuthorizingthe 3 ,yygy
a) Staff Report
b) Adopt Resolution

6.6. A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute Contract Amendment No. Two (2) in the Amount of $101,000 with It’s Personnel Consulting, Inc. for Interim Human Resources Director Services
a) Staff Report
b) Adopt Resolution

6.7. A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Sole Source Purchase of a 150 KW Mobile Emergency Generator for a Total Amount of $103,237.64 From Global Power Supply, LLC
a) Staff Report
b) Adopt Resolution

7. PUBLIC HEARINGS

7.1. A Public Hearing to Hear and Consider Comments Regarding the Adoption of a General Plan Amendment, Amending the Local Hazard Mitigation Plan and Safety Element by Repealing the Existing 2016 Safety Element and Adopting the Updated 2023 Safety Element
a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Action – A Resolution of the City Council of the City of Foster City for Adoption of a General Plan Amendment, Amending the Local Hazard Mitigation Plan and Safety Element by Repealing the Existing 2016 Safety Element and Adopting the Updated 2023 Safety Element and Finding the Amendment Within the Scope of the Certified Final Environmental Impact Report (“EIR”) Prepared for the Foster City Housing and Safety Elements Update GP20230001

7.2. A Public Hearing to Hear and Consider Comments Regarding Below Market Housing Administrative Procedures and Guidelines Update a) Staff Report
b) Open Public Hearing
c) Receive Public Testimony
d) Close Public Hearing
e) Information Item Only – No Action Required

8. NEW BUSINESS

8.1. Consideration of Applications for Nonprofit Agency Funding for Fiscal Year 20232024
4 p

8. NEW BUSINESS

8.1. Consideration of Applications for Nonprofit Agency Funding for Fiscal Year 20232024
a) Staff Report
b) Action By Minute Order, Provide Policy Direction

8.2. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities 2023 Annual Conference
a) Staff Report
b) Action – By Minute Order, Appoint Voting Delegate and Alternate

9. REPORTS

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

9.2. Wastewater Treatment Plant Master Plan Improvements Project (CIP 455 652) Clean Water Program Update for Quarter 2 – April Through June 2023
a) Staff Report
b) Action By Minute Order, Receive and Accept the Report

9.3. Consideration of Assembly Bill 309 (Lee): The Social Housing Act a) Staff Report
b) Action – By Minute Order, Provide Policy Direction

10. RESOLUTIONS FOR ADOPTION

10.1. Consideration of Approving the Carryover of Various Unspent Fiscal Year 202223 Budget Line Items as Supplemental Appropriations to the Fiscal Year 202324 Budget
a) Staff Report
b) Action – A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal Year 202223 Budget Line Items as Supplemental Appropriations to the Fiscal Year 202324 Budget
c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal Year 202223 Budget Line Items as Supplemental Appropriations to the Fiscal Year 202324 Budget

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on July 31, 5 )p
b) Action – A Resolution of the City Council of the City of Foster City Approving the Carryover of Various Unspent Fiscal Year 202223 Budget Line Items as Supplemental Appropriations to the Fiscal Year 202324 Budget
c) Action – A Resolution of the Board of Directors of the Estero Municipal Improvement District Approving the Carryover of Various Unspent Fiscal Year 202223 Budget Line Items as Supplemental Appropriations to the Fiscal Year 202324 Budget

11. COMMUNICATIONS

11.1. City/District Warrants of Demands were Processed and Issued on July 31, 2023 and August 4, 2023, and ACH were processed on August 4, 2023 a) Information Item Only
b) No Action Required

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

12.1. Request to Place an Item on a Future Agenda by Mayor Jon Froomin Regarding Consent for San Francisco Peninsula Tourism Marketing District

12.2. Request to Place an Item on a Future Agenda by Councilmember Stacy Jimenez to Discuss Recording All Citizen Advisory Committee Meetings

13. CLOSED SESSION

13.1. Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6(a)) Agency designated representatives: Stefan Chatwin, Mark Wilson Employee Organizations: Foster City Police Officers Association (FCPOA) and Management Employees Unrepresented employee: Police Records Supervisor

13.2. Conference with Legal Counsel – Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1)), PERB Case No. SFCE2039M

13.3. Report Out from Closed Session

14. ADJOURNMENT
The public is invited to attend.

Any attendee wishing special accommodations at the meeting should contact the City Clerk’s Department at (650) 2863250 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 nondiscriminationlaws
6 14. ADJOURNMENT
The public is invited to attend.

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
7 4.1

4.1 Proclamation
8 4.2

4.2 Proclamation
9 4.3

4.3 Proclamation
10 4.4

4.4 Proclamation
11 CITY OF FOSTER CITY/

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
REGULAR MEETING OF AUGUST 7, 2023

MINUTES

CALL TO ORDER OF CITY COUNCIL/EMID BOARD OF DIRECTORS
The Regular Meeting of August 7, 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, Denise Bazzano, Assistant City Attorney/District Legal Counsel; Marlene Subhashini, Assistant City Manager; Derek Schweigart, Parks and Recreation Director; Edmund Suen, Finance Director; Diane Pitman, Interim Human Resources Director; Sofia Mangalam, Community Development Director; Kent Thrasher, Fire Chief, Robert Marshall, Deputy Fire Chief; Cory Call, Police Captain; Rob Lasky, IT Manager; Jim Yolke, Emergency Services Manager; James Atkins, Senior Planner; Katherine Mendoza, Deputy City Clerk; Shuli Chen, Video Technician; and Priscilla Schaus, Communications Director/City Clerk/District Secretary.

SPECIAL PRESENTATIONS

PRESENTATION FROM THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT REGARDING CURRENT FIRE DEPARTMENT ACTIVITIES.

Fire Chief Thrasher and Deputy Chief Marshall presented on the San Mateo Consolidated Fire Department’s current activities.

PUBLIC

6.1 6.1 Minutes
12 The following people addressed the City Council in person:

1. David Saito regarding the nonprofit Foster City Sister City Association;

2. Derrick Chua regarding a $2,000 donation from the Foster City Tennis Club;

3. Ron Visconti regarding the nonprofit Phase 2 Careers;

4. Terry Nagel regarding the nonprofit Sustainable San Mateo County;

5. Sonja Tappan regarding the nonprofit San Mateo Foster City Education Foundation; and

6. Latrice Taylor regarding the nonprofit Samaritan House.

The following people addressed the City Council via teleconference:

1. Alyssa Wieting regarding the nonprofit CORA (Community Overcoming Relationship Abuse); and

2. Pablo regarding the bicycle lane on Shell Blvd; and

3. Phoebe Venkat expressing support for the nonprofit CORA (Community Overcoming Relationship Abuse).

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

City/EMID Consent Calendar

1. Minutes of City/EMID Regular Meeting of July 17, 2023; and

2. Minute Order No. 1927, “Approving a Letter to the Honorable Nancy L. Fineman Judge of the Superior Court in Response to the San Mateo County Civil Grand Jury Report, Dated June 12, 2023, Entitled “Accessory Dwelling Units: Affordable Housing’s Panacea or Prevarication?” and find approval of the response exempt from review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15061(b)(3).”

REPORTS
RECREATION CENTER REBUILD PROJECT (CIP 301-678) - UPDATE ON SCHEMATIC DESIGN PHASE. MINUTE ORDER NO.1928.

Parks and Recreation Director Schweigart presented the staff report and introduced Dawn Merkes, representing Group 4 Architecture.

Evan Adams addressed the City Council via email.

Fred Baer addressed the City Council in person.

The following addressed the City Council via teleconference:

1. Susan Lessin; and

6.1 6.1 Minutes
13 2. Bart Pantoja.

Discussion ensued.

Motion by Vice Mayor Sullivan, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting Minute Order No. 1928, to receive and accept the Recreation Center Rebuild Project (CIP 301-678) - Update on Schematic Design Phase.

CONSIDERATION OF SB 532 (WEINER) SAN FRANCISCO BAY AREA TOLL BRIDGES: TOLLS: TRANSIT OPERATING EXPENSES. MINUTE ORDER NO. 1929.

Assistant City Manager Subhashini presented the staff report.

Pablo addressed the City Council via teleconference.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Councilmember Jimenez, and carried unanimously by roll call vote, 5-0-0, adopting Minute Order No. 1929, providing policy direction to proceed with a letter of opposition to SB 532.

ORDINANCES FOR INTRODUCTION
CREATING CHAPTER 2.56 “MUNICIPAL ELECTIONS,” AND ADDING SECTION

2.56.030 “ELECTRONIC AND PAPERLESS FILING OF FAIR POLITICAL PRACTICES COMMISSION CAMPAIGN DISCLOSURE STATEMENTS” TO CHAPTER 2.56; AND AMENDING SECTIONS 2.08.380 “TERM LIMITS” AND 2.08.390 “GENERAL MUNICIPAL ELECTIONS DESIGNATED” TO REMOVE THEM FROM CHAPTER 2.08 “CITY COUNCIL” AND RELOCATING THEM TO SECTIONS 2.56.010 AND 2.56.020 OF CHAPTER 2.56 WITHIN TITLE 2 “ADMINISTRATION AND PERSONNEL” OF THE FOSTER CITY MUNICIPAL CODE.

Communications Director/City Clerk Schaus presented the staff report.

Discussion ensued.

Motion by Councilmember Hindi, seconded by Vice Mayor Sullivan, and carried unanimously, by roll call vote, 5-0-0, to introduce the ordinance by title and waive further reading of “An Ordinance of the City of Foster City Creating Chapter 2.56 “Municipal Elections,” and Adding Section 2.56.030 “Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements” to Chapter 2.56; and Amending Sections 2.08.380 “Term Limits” and 2.08.390 “General Municipal Elections Designated” to Remove Them From Chapter 2.08 “City Council” and Relocating Them to Sections

2.56.010 and 2.56.020 of Chapter 2.56 within Title 2 “Administration and Personnel” of the Foster City Municipal Code.”

6.1 6.1 Minutes
14 REPEALING AND REPLACING CHAPTER 1.12, “PROCEDURE AND LIMITATIONS PERIOD FOR FILING CLAIMS” OF THE FOSTER CITY MUNICIPAL CODE TO REVISE

THE CLAIM PRESENTATION TIMELINE AND MAKE EDITS TO CONFORM TO THE

GOVERNMENT CLAIMS ACT AND DELEGATE AUTHORITY TO THE CITY MANAGER TO REVIEW, REJECT OR SETTLE CERTAIN CLAIMS.

Assistant City Attorney Bazzano presented the staff report.

Discussion ensued.

Motion by Councilmember Jimenez, seconded by Councilmember Hindi, and carried unanimously, by roll call vote, 5-0-0, to introduce the ordinance by title and waive further reading of “An Ordinance of the City of Foster City Repealing and Replacing Chapter

RESOLUTIONS FOR ADOPTION

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH WILDLIFE INNOVATIONS INC. FOR EXPANDED SCOPE OF WORK FOR DEVELOPMENT OF

AN INTEGRATED CANADA GOOSE POPULATION MANAGEMENT PLAN INCLUDING

ENVIRONMENTAL REVIEW TO ALLOW ADDITIONAL DATA COLLECTION AND ACTIVITIES AND REVISE THE SCOPE OF SERVICES TO SPECIFY ONLY NONLETHAL TECHNIQUES FOR POPULATION AND HABITAT MANAGEMENT IN THE PLAN FOR A TOTAL AMOUNT NOT TO EXCEED $171,005; AUTHORIZING AN ADDITIONAL APPROPRIATION OF $122,345; AND AUTHORIZING A CONTINGENCY IN THE AMOUNT OF $25,652. CITY RESOLUTION NO. 2023-81.

Parks and Recreation Director Schweigart presented the staff report.

The following addressed the City Council via teleconference:

1. Shareef Elmakawi; and

2. Susan Lessin.

Discussion ensued.

Motion by Mayor Froomin, seconded by Councilmember Kiesel, and carried unanimously, 5-0-0, adopting City Resolution No. 2023-83, “A Resolution of the City Council of the City of Foster City Authorizing the Mayor to Execute a First Amendment to Professional Services Agreement with Wildlife Innovations Inc. For Expanded Scope of Work for Development of an Integrated Canada Goose Population Management Plan Including Environmental Review to Allow Additional Data Collection and Activities and Revise the Scope of Services to Specify Only Non-Lethal Techniques for Population and Habitat Management in the Plan for a Total Amount Not to Exceed $171,005; Authorizing an

6.1 6.1 Minutes
15 Additional Appropriation of $122,345; and Authorizing a Contingency in the Amount of $25,652; and Authorizing the City Manager to Execute Any Contract Amendments Within the Contingency Amount.” Councilmember Sullivan requested that it be reflected in the minutes that he approved of the contract amendment but felt that a new Request For Proposals should have taken place.

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

City/District Warrants of Demands were Processed and Issued on July 13, 2023.

CITY/DISTRICT MANAGER REPORTS, COUNCIL/BOARD STATEMENTS AND

REQUESTS, AND COUNCIL LIAISON REPORTS
City/District Manager Chatwin introduced Interim Human Resources Director Diane Pitman.

Councilmember/Director Kiesel stated that on July 27 he attended the Traffic Review Committee meeting. On August 1, he attended the Parks and Recreation Committee meeting where they discussed the Master Plan for Leo J. Ryan Park Boardwalk was discussed and Edgewater Marine, LLC provided information on boat rental concession.

Councilmember/Director Jimenez stated on August 1, she met with City Manager Chatwin, Police Chief Avelar, San Mateo-Foster City School District Superintendent Diego Ochoa, and School Board members Shara Watkins and Allison Proctor to discuss safety issues as students return to school. She encouraged drivers to be aware of students walking or biking and for parents to discuss road rules with students that bike.

On August 5, she attended a goose clean up event at Leo J. Ryan Park and thanked the community members who participated. On August 7, she attended the memorial service for Michael Ramsey of the San Mateo Consolidated Fire Department.

Councilmember/Director Hindi stated on July 28, he attended the Council of Cities meeting in East Palo Alto. On July 29, he met with the San Mateo County District 2 Supervisor Noelia Corzo at Penelope’s Coffee. He also invited the public to attend the Palestinian Culture Day on September 9 at Leo J. Ryan Park starting at 11 a.m.

Vice Mayor/Vice President Sullivan stated that on July 20, he attended the Planning Commission meeting. He expressed his condolences to the family of Michael Ramsey of the San Mateo Consolidated Fire Department.

Mayor/President Froomin encouraged staff to consider artwork that reflects the Foster City community displayed at City Hall or the Recreation Center. On July 28, he attended the Council of Cities meeting in East Palo Alto. On August 1, he attended the National Night Out event at Leo J. Ryan Park hosted by the Foster City Police Department and supporting community partnerships. On August 2, he filmed Mayoral Minute episodes

6.1 6.1 Minutes
16 with the Communications team. On August 3, he met with the owner of Crowne Plaza and the Marriot General Manager about the San Francisco Peninsula Tourism Marketing District. On August 5, he assisted with the Sarmatian House Back to School Drive 2023, attended the San Mateo County annual Disaster Preparedness Day at the San Mateo Event Center, attended the geese clean up at Leo J. Ryan Park, and assisted with the Park and Recreation Department’s Family Overnighter. On August 7, he attended the memorial service for Michael Ramsey of the San Mateo Consolidated Fire Department.

ADJOURNMENT
Hearing no objection from the City Council/EMID Board, Mayor/President Froomin adjourned the meeting. Meeting adjourned at 9:25 p.m.

6.1 6.1 Minutes
17 ORDINANCE NO.____________
AN ORDINANCE OF THE CITY OF FOSTER CITY CREATING CHAPTER 2.56 “MUNICIPAL ELECTIONS AND ELECTRONIC FILING” AND ADDING SECTION

FOSTER CITY MUNICIPAL CODE

CITY OF FOSTER CITY
WHEREAS, Government Code Section 84615 currently provides that a local agency may adopt an ordinance to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act (commencing with Section 84100 of the Government Code), except an elected officer, candidate, committee, or other person who receives contributions totaling less than $2,000 and who makes independent expenditures totaling less than $2,000 in a calendar year, to file those statements, reports, or other documents online or electronically with the local filing officer; and WHEREAS, the City has entered into an agreement with NetFile, Inc., a vendor approved by the California Secretary of State, to provide an online electronic filing system ("System") for campaign disclosure statements; and
WHEREAS, the City of Foster City desires to amend the Foster City Municipal Code to creating a new Chapter 2.56 “Municipal Elections and Electronic Filing”, adding a Section regarding electronic filing of Campaign Disclosure Statements and relocating Sections 2.08.380 “Term limits” and 2.08.390 “General municipal elections designated” from Chapter 2.08 to Chapter 2.56.

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

Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein as findings which are basis for this Ordinance.

Section 2. Findings. The City Council of the City of Foster City finds that the System will operate securely and effectively and will not unduly burden filers. Specifically: (1) the System will ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data; (2) the System will only accept a filing in the standardized record format developed by the Secretary of State and compatible

6.2 Attachment 1 - Ordinance
18 with the Secretary of State's system for receiving an online or electronic filing; and (3) the System will be available free of charge to filers and to the public for viewing filings.

Section 3. Amendment. Chapter 2.08, “City Council” of the Foster City Municipal Code is hereby amended by deleting Sections 2.08.380 “Term limits” and 2.08.390 “General municipal elections designated” of Chapter 2.08 within Title 2, “Administration and Personnel” in their entirety.

Section 4. Amendment. A new Chapter 2.56, “Municipal Elections and Electronic Filing” is hereby added to the Foster City Municipal Code and Sections 2.56.010, “Term limits” and 2.56.020, “General Municipal Elections Designated” and 2.56.030 “Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements to Chapter 2.56 within Title 2, “Administration and Personnel” is added to read in their entirety as follows:

Chapter 2.56

MUNICIPAL ELECTIONS AND ELECTRONIC FILING
Sections:

2.56.010 Term Limits.

2.56.020 General Municipal Elections Designated.

2.56.030 Electronic and Paperless Filing of Fair Political Practices Commission Campaign Disclosure Statements.

Section 2.56.010 Term Limits.

A. No person may hold the office of councilmember for more than two terms in succession. This provision does not prohibit holding the office for more than two terms.

B. “Term of office” as used in this section is defined as a four-year term.

C. For the purpose of determining the number of terms of office only those terms of office occurring after the effective date of the ordinance codified in this section shall be counted.

2.56.020 General Municipal Elections Designated.

After January 1, 2018, the general municipal elections of the city shall be consolidated with the statewide election date in accordance with Elections Code Sections 1301, 10000 to 10735, and 14050 to 14057, as amended. The terms for the local elected officials that are scheduled to end in 2017 and 2019 are hereby extended by twelve months. As used in this section, “twelve months” means the period between the day upon which the term of office would otherwise have commenced and the first Tuesday after the second Monday in the twelfth month before or after that day, inclusive.

6.2 Attachment 1 - Ordinance
19 2.56.030 Electronic and Paperless Filing of Fair Political Practice Commission Campaign Disclosure Statements.

A. Definitions. The following definitions apply for the purposes of this section:
"Candidate" shall mean a candidate, as that phrase is defined in Section 82007 of the Government Code, as may be amended from time to time, for any City elective office for any general, special or recall election.
"Committee" has the meaning set forth in Section 82013 of the Government Code, as may be amended from time to time.
"Contribution" has the meaning set forth in Section 82015 of the Government Code, as may be amended from time to time.
"Electronic filing system" shall mean the electronic online filing and data storage system provided for by the City Clerk for campaign statements, reports, forms, or other documents filed pursuant to Government Code Section 81000 et seq. "Person" has the meaning set forth in Section 82047 of the Government Code, as may be amended from time to time.
“Statements” shall mean any statements, reports, forms or other documents required by Government Code Chapter 4 – Political Reform Act (Section 81000 et seq.), as may be amended from time to time.

B. Any elected officer, candidate, commission, committee, or other person required to file campaign disclosure statements, reports, forms or other documents required by Government Code Chapter 4 (Campaign Disclosure) – Political Reform Act (Section 84100 et seq.) shall file those statements, reports, or other documents online or electronically with the electronic filing system unless exempt from the requirement to file online pursuant to Government Code Section 84615(a) because the officer, candidate, or committee or person receives less than $2,000 in contributions and makes less than $2,000 in expenditures in a calendar year.

C. In any instance in which an original statement, report or other document required by Government Code Chapter 4 (Campaign Disclosure) – Political Reform Act (Section 84100 et seq.) must be filed with the California Secretary of State and a duplicate or copy of that statement, report or other document is required to be filed with the City Clerk, the filer may, but is not required to, file the copy electronically.

D. The electronic filing system shall ensure the integrity of the data transmitted and shall include safeguards against efforts to tamper with, manipulate, alter, or subvert the data.

6.2 Attachment 1 - Ordinance
20 E. The electronic filing system shall only accept a filing in the standardized record format that is developed by the California Secretary of State pursuant to Section 84602(a)(2) of the California Government Code and that is compatible with the Secretary of State's system for receiving an online or electronic filing.

F. The electronic filing system shall include a procedure for filers to comply with the requirement that they sign statements and reports under penalty of perjury pursuant to Section 81004 of the Government Code.

G. Any elected officer, candidate, committee or person who has electronically filed a statement required by Section 2.56.030(B) using the electronic filing system is not required to file a duplicate copy of that document in paper format with the City Clerk.

H. The City Clerk shall issue an electronic confirmation that notifies the filer that the statement was received, the notification shall include the date and the time that the Statement was received and the method by which the filer may view and print the data received by the City Clerk. The date of filing for a statement filed online shall be the day that it is received by the City Clerk.

I. If the electronic filing system is not capable of accepting a statement due to technical difficulties, an elected officer, candidate, or committee or other person shall timely file that statement required by Section 2.56.030(B) in paper format with the City Clerk, unless otherwise directed by the City Clerk.

J. The electronic filing system shall enable electronic filers to complete and submit statements or other filings free of charge.

K. The electronic filing system shall make all the data filed pursuant to Section

2.56.030(B) available on the City's webpage in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt. The data made available on the City's webpage shall be redacted to remove the street name and building number of the persons or entity representatives listed or any bank account number required to be disclosed by the filer.

L. The City Clerk's office shall maintain, for a period of at least 10 years commencing from the date filed, a secured, official version of each statement filed on the electronic filing system pursuant to Section 2.56.030(B), which shall serve as the official version of that record for purpose of audits and any other legal purpose.

M. The City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary by the City Clerk to implement this Section 2.56.030.” Section 5. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause

6.2 Attachment 1 - Ordinance
21 or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 6. Environmental Determination. This Ordinance 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.

Section 7. Publication. This Ordinance shall be published in accordance with the law.

Section 8. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after its adoption.

Section 9. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced and read on the 7th day of August, 2023, and passed and adopted on the 21st day of August, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.2 Attachment 1 - Ordinance
22 ORDINANCE NO. _________

AN ORDINANCE OF THE CITY OF FOSTER CITY REPEALING AND REPLACING CHAPTER 1.12, “PROCEDURE AND LIMITATIONS PERIOD FOR FILING CLAIMS” OF

THE FOSTER CITY MUNICIPAL CODE TO REVISE THE CLAIM PRESENTATION

TIMELINE AND MAKE EDITS TO CONFORM TO THE GOVERNMENT CLAIMS ACT

AND DELEGATE AUTHORITY TO THE CITY MANAGER TO REVIEW, REJECT OR

SETTLE CERTAIN CLAIMS

CITY OF FOSTER CITY
WHEREAS, in 2006, the City Council adopted Ordinance 534, which is codified in Chapter 1.12 of the Foster City Municipal Code, which established the procedures and time limitations for presentation of claims against the City, consistent with California Government Code section 935; and
WHEREAS, the City Council now desires to make various amendments to Chapter 1.12 to revise the claim presentation timeline and make edits to conform to the Government Claims Act and to delegate authority to the City Manager to review, reject or settle certain claims.

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

Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein as findings which are the basis for the amendment.

Section 2. Repeal and Replace. Chapter 1.12 entitled “Procedure and Limitations Period for Filing Claims” within Title 1 of the Foster City Municipal Code is amended by repealing Chapter 1.12 in its entirety and replacing it to read as follows:

Chapter 1.12

PROCEDURE AND LIMITATIONS PERIOD FOR FILING CLAIMS
Sections:

1.12.010 Authority.

1.12.020 Claims required.

1.12.030 Presentment of claims.

1.12.040 Form of claim.

1.12.050 Claim prerequisite to suit.

1.12.060 City action on claim.

1.12.070 Authority of City Manager.

6.3 Attachment 1 - Ordinance
23 1.12.010 Authority.

This Chapter is enacted pursuant to California Government Code Section 935.

1.12.020 Claims required.

All claims against the City for money, damages or tax or assessment refunds, not otherwise governed by the Government Claims Act, California Government Code Sections 810, et seq., or any other law of the state of California (hereinafter “claims”) shall be governed by the provisions of this Chapter.

1.12.030 Presentment of claims.

All claims against the City for money or damages shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code, as those provisions now exist or shall hereafter be amended.

Unless otherwise provided by the California Government Code, a claim governed by this section shall be presented not later than one year after the accrual of the cause of action. A tax or assessment refund claim shall be deemed to accrue as of the date of payment of the tax or assessment.

1.12.040 Form of claim.

All claims shall be made in writing and verified by a claimant or by the claimant’s guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of the class. In addition, all claims shall contain the information required by California Government Code Section 910.

Claims shall be made on a form provided by the City Clerk and shall be filed with the City Clerk.

1.12.050 Claim prerequisite to suit.

All claims shall be presented as provided in this chapter and acted upon by the City Council, or their designee, prior to the filing of any lawsuit or action on such claim, and no lawsuit or action shall be maintained by a person or entity that has not complied with this Chapter.

1.12.060 City action on claim.

The City Council, or their designee, shall act to approve or deny a claim within forty-five days of its presentment as required under this Chapter. Failure of the City Council, or their designee, to act within the time required shall be deemed a denial of the claim.

1.12.070 Authority of City Manager.

Pursuant to Government Code Section 935.4, the City Council designates and delegates authority to the City Manager and their designee to review all claims for sufficiency and to reject any and all claims. The City Council also delegates to the City Manager authority to allow, compromise, or settle claims for an amount up to and including $25,000, as may be deemed appropriate by the City Manager in consultation with the City Attorney. The City Council shall have sole authority to allow, compromise, or settle claims for an amount in excess of $25,000.”

6.3 Attachment 1 - Ordinance
24 Section 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council does hereby declare that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 4. Environmental Determination. The Ordinance is not a project within the meaning of Section 15378 of CEQA Guidelines because it has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment, either directly or ultimately.

Section 5. Publication. This Ordinance shall be published in accordance with the law.

Section 6. Effective Date. This Ordinance shall take effect 30 days from the date of adoption.

Section 7. Posting. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall have it posted in three (3) public places designated by the City Council.

This Ordinance was introduced on the 7th day of August, and passed and adopted on the 21st day of August, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.3 Attachment 1 - Ordinance
25 DATE: August 21, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Andrew Brozyna, Public Works Director
Andra Lorenz, Principal Management Analyst
DEPARTMENT: Public Works
SUBJECT: AUTHORIZING SOUTH BAYSIDE WASTE MANAGEMENT

AUTHORITY TO ACQUIRE REAL PROPERTY LOCATED AT
1245 SAN CARLOS AVENUE, UNIT E, SAN CARLOS, CA

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution approving South Bayside Waste Management Authority’s (SBWMA) purchase of 1245 San Carlos Avenue, Suite E, San Carlos, California, to be utilized as the administrative offices for SBWMA.

EXECUTIVE SUMMARY
Foster City is a member of the SBWMA, a Joint Powers Authority (JPA) formed to provide solid waste and recycling services to its 11 Member Agencies. SBWMA currently occupies office space in the San Carlos Library, the lease for which will expire June 30, 2024, and will not be renewed by the Library. The SBWMA Board considered space rental options and determined that the purchase of a property is recommended because the identified property for purchase meets all the desired location and space criteria and will result in a cost savings over a long term rental property. This item has been placed on the agenda because any purchase of real property by SBWMA must be approved by at least 2/3 of the Member Agencies pursuant to the Joint Powers Agreement.

BACKGROUND/ANALYSIS

6.4 6.4 Staff Report
26 SBWMA is a JPA formed pursuant to California Government Code Section 6500 et seq. to provide solid waste and recycling services to its 11 Member Agencies (i.e., County of San Mateo, Belmont, Burlingame, East Palo Alto, Foster City, Hillsborough, Menlo Park, City of San Mateo, Redwood City, San Carlos, and West Bay Sanitation District).

SBWMA’s administrative office has been located in the San Carlos Library for over 16 years. Under the terms of the current lease, SBWMA occupies 2,429 square feet at a monthly rent of $5,618 or $2.31 per square foot. The current lease term ends on June 30, 2024, and the City of San Carlos has indicated that the term will not be extended because the library space is needed to accommodate San Carlos staff.

Upon receiving this notice from San Carlos, SBWMA Executive Director La Mariana began working with a commercial real estate broker to find affordable office space that would accommodate the current staff and agency/public guests, provide proper space for SBWMA Board and Technical Advisory Committee (TAC) meetings, provide easy access to parking for Board and TAC members, be located near public transit to accommodate staff members wishing to utilize this mode of transportation, and be in close proximity to the Shoreway Environmental Center facility in San Carlos.

Dozens of rental properties were researched. This research demonstrated that current market lease rates for properties comparable to the San Carlos Library space are currently being leased at $4.50-$6.50 per square foot per month. This means that monthly rent for a comparable space would be $10,931-$15,789. A number of rental properties were toured and found to be unacceptable due to location; inadequate access to public transit; inadequate or lack of parking; unfavorable lease/purchase rates; lack of building amenities; poor functionality of available workspace; inadequate building/workspace finishes (ADA access/compliance/lack of elevator); distance from the Shoreway Environmental Center facility; deferred maintenance on critical base building systems (i.e., HVAC, electric, plumbing, mechanical, lighting); and lack of code compliance with Title 24 and ADA requirements.

In addition to his search of the commercial office rental market, the Executive Director also contacted staff at all Member Agencies to inquire whether they might have suitable available space for long-term leasing within the given mandatory relocation time frame.

No sites were identified.

The Executive Director also identified one property currently for sale in the Wheeler Plaza development, located at 1245 San Carlos Avenue, Suite E, in San Carlos (the “Property”).

This is the last remaining commercial space for sale in the Wheeler Plaza development (Attachment 2).

The Property is a Commercial Condominium located directly across the street from the San Mateo County Transit District (SamTrans) Building’s main entrance. It is currently zoned MU-DC (Mixed Use-Downtown Core). Zoning clearance for use of the space by SBWMA was issued by the City of San Carlos on May 18, 2023 (Attachment 3).

6.4 6.4 Staff Report
27 The unit is approximately 2,841 square feet in size and is currently an empty shell which would provide adequate space for all SBWMA administrative functions and could be improved to include a large conference room to accommodate Board and TAC meetings along with some community environmental education sessions. The 20-foot ceilings can accommodate a second floor and increase the usable space to 3,977 square feet. The Property has two dedicated parking spaces (below ground) and easy access to the attached 252-space public parking at the adjacent Wheeler Plaza parking garage (no charge), the adjacent 30-space Laurel Street parking lot (600 block), and adjacent neighborhood surface streets. The Property is listed for sale at $1,988,000.

The SBWMA Board met in Closed Session at its April, May and June 2023 regular meetings to discuss whether to direct staff to pursue further rental options or to offer to purchase the Property. At the conclusion of its June 2023 discussion, the Board authorized the Executive Director to make an offer to purchase the Property. The seller has agreed to a sale of the Property pursuant to the following summary of terms:

Purchase Price: $1,700,000
Due diligence period: Up to 60 days from agreement (this is the period in which SBWMA conducts its due diligence,
architectural studies, finance options, etc., and in
which SBWMA can back out of the sale and get its
deposit refunded)
Agency contingency: Obtain no less than 2/3 of member agency approvals within 105 days
Loan to value: Up to 75%
Deposit: $50,000
Close of Escrow: No later than 11/15/2023
Following the purchase, the SBWMA has a budget of $800,000 for Tenant Improvements to adapt the space for its use. The SBWMA is required to get majority member approval for the acquisition of property but does not require Council action for the interior Tenant Improvements.

This item has been placed on the agenda for review and approval because, as noted in the offer’s contingencies, any purchase of real property by SBWMA must be approved by 2/3 of the Member Agencies pursuant to The Second Amended and Restated Joint Powers Agreement Article 7, Powers.

Having considered the option to rent other available office properties or to purchase the Property, the SBWMA Board recommends to the Member Agencies that the purchase of the Property be approved for two reasons. First, the Property meets all the identified

6.4 6.4 Staff Report
28 criteria regarding location and space. Second, as demonstrated by the Cost Analysis of Offer to Purchase Versus Lease prepared by HF&H Consulting, ownership of the Property (acquisition, tenant improvement, financing, etc.) will result in a 25% cost saving over thirty (30) years compared to a long term lease based on current office market lease rates (cost comparison detailed in Attachment 4).

Upon receiving approval of 2/3 of the Member Agencies and satisfaction of all other contingencies, the SBWMA Board will, in open session, authorize closing of escrow and purchase the Property.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
All fiscal impact related to this decision will be borne by the SBWMA with funding received through solid waste rate revenue. As a member agency, Foster City’s solid waste rates are currently set to collect its share of costs associated with SBWMA administration, including the current lease, and will be set to incorporate the differential cost of this action, which is anticipated to be negligible.

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

Attachment 1 - Resolution
Attachment 2 - Property Brochure
Attachment 3 - Zoning Clearance from City of San Carlos Attachment 4 - Cost Analysis of Offer to Purchase Versus Lease prepared by Rick Simonson/ HF&H

6.4 6.4 Staff Report
29 RESOLUTION NO._________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY APPROVING THE ACQUISITION OF REAL PROPERTY LOCATED AT 1245 SAN

CARLOS AVENUE, SUITE E, SAN CARLOS, CALIFORNIA BY THE SOUTH BAYSIDE

WASTE MANAGEMENT AUTHORITY

CITY OF FOSTER CITY
WHEREAS, the South Bayside Waste Management Authority (SBWMA) is a Joint Powers Authority formed to provide recycling and solid waste collection services to its eleven member agencies; and
WHEREAS, the City of Foster City is a member agency of the SBWMA; and WHEREAS, SBWMA’s administrative offices are currently located in the San Carlos Library building through a lease that will expire June 30, 2024, and the City of San Carlos has indicated that it does not wish to renew the lease; and WHEREAS, SBWMA staff conducted a broad search for office space to lease for its administrative offices once its current office lease expires but did not find space that suited its needs; and
WHEREAS, a new, unfinished commercial unit located at 1245 San Carlos Avenue, Suite E, San Carlos, California (the Property), which is approximately one block from SBWMA’s existing office, is currently listed for sale; and WHEREAS, HF&H Consulting prepared a cost analysis to determine whether purchasing the Property and having the Property improved to meet SBWMA’s needs would be more cost efficient than entering into a lease for office space; and WHEREAS, the cost analysis conducted by HF&H Consulting determined that purchasing the Property and making necessary improvements on an assumed total budget of $2.5 million will result in a 25% cost savings versus entering into a long-term lease for office space at current market rates; and
WHEREAS, the SBWMA Board directed SBWMA staff to submit an offer to purchase the Property, contingent upon approval by no less than 2/3 of the member agencies; and
WHEREAS, pursuant to the signed Purchase Agreement, the seller of the Property has agreed to sell the property for a purchase price of $1.7 million, which is an amount consistent with the authorization given by the SBWMA Board of Directors; and

6.4 Attachment 1 - Resolution
30 WHEREAS, Article 7, Section 7.1.1(a) of the Second Amended and Restated Joint Exercise of Powers Agreement for the SBWMA requires that the acquisition of real property be approved by no less than 2/3 of the member agencies; and WHEREAS, the City Council agrees with the recommendation of the SBWMA Board to purchase the property for use as the SBWMA’s administrative offices.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Foster City approves the acquisition by the SBWMA of the real property located at 1245 San Carlos Avenue, Suite E, San Carlos, California, pursuant to the terms of the Purchase Agreement.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________

JON FROOMIN, MAYOR
ATTEST:
______________________________________

PRISCILLA SCHAUS, CITY CLERK

6.4 Attachment 1 - Resolution
31 This information supplied herein is from sources we deem reliable. It is provided without any representation, warranty, or guarantee, expressed or implied as to its accuracy. Prospective Buyer or Tenant should conduct an independent investigation and verification of all matters deemed to be material, including, but not limited to, statements of income and expenses. Consult your attorney, accountant, or other professional advisor.

FOR SALE unit pricing below
SUITE A & B (Sold)
SUITE C: (Sold)
SUITE D: (Sold)
SUITE E: $1,988,000
UNIT E has ±2,841 RSF
MONTHLY ASSOCIATION FEE:
$.14 PSF/month estimated
ON-SITE parking open to the public
OUTSIDE seating possible
RESERVED and secure onsite parking
for employees
18-20 FOOT ceiling height
“WALKER’S PARADISE” walk score of
91 on WalkScore.com
1 BLOCK to the San Carlos
Caltrain station
1245 San Carlos Ave

SAN CARLOS, CA

FOR SALE
Retail/Commercial Condominium
Units in Downtown San Carlos

BRETT WEBER
650.771.3000
[email protected]
LIC N° 00901454
KIDDER.COM

STEVE DIVNEY
650.400.8065
[email protected]
LIC N° 01216239

JOHN MCLELLAN
415.418.9880
[email protected]
LIC N° 01869489
ONLY 1

UNIT LEFT

6.4 Attachment 2 - Property Brochure
32 This information supplied herein is from sources we deem reliable. It is provided without any representation, warranty, or guarantee, expressed or implied as to its accuracy. Prospective Buyer or Tenant should conduct an independent investigation and verification of all matters deemed to be material, including, but not limited to, statements of income and expenses. Consult your attorney, accountant, or other professional advisor.

KIDDER.COM

SAN CARLOS, CA

FOR SALE
1245 San Carlos Ave
Floorplan

BRETT WEBER
650.771.3000
[email protected]
LIC N° 00901454

STEVE DIVNEY
650.400.8065
[email protected]
LIC N° 01216239

UNITS CAN BE COMBINED

6.4 Attachment 2 - Property Brochure
33 This information supplied herein is from sources we deem reliable. It is provided without any representation, warranty, or guarantee, expressed or implied as to its accuracy. Prospective Buyer or Tenant should conduct an independent investigation and verification of all matters deemed to be material, including, but not limited to, statements of income and expenses. Consult your attorney, accountant, or other professional advisor.

KIDDER.COM

SAN CARLOS, CA

FOR SALE
1245 San Carlos Ave

BRETT WEBER
650.771.3000
[email protected]
LIC N° 00901454

STEVE DIVNEY
650.400.8065
[email protected]
LIC N° 01216239

JOHN MCLELLAN
415.418.9880
[email protected]
LIC N° 01869489

6.4 Attachment 2 - Property Brochure
34 This information supplied herein is from sources we deem reliable. It is provided without any representation, warranty, or guarantee, expressed or implied as to its accuracy. Prospective Buyer or Tenant should conduct an independent investigation and verification of all matters deemed to be material, including, but not limited to, statements of income and expenses. Consult your attorney, accountant, or other professional advisor.

KIDDER.COM

SAN CARLOS, CA

FOR SALE
1245 San Carlos Ave

BRETT WEBER
650.771.3000
[email protected]
LIC N° 00901454

STEVE DIVNEY
650.400.8065
[email protected]
LIC N° 01216239

JOHN MCLELLAN
415.418.9880
[email protected]
LIC N° 01869489

DOWNTOWN

SAN CARLOS

PASTRAMI - BURGERS
JOHNSTON’S SALTBOX

MEDITERRANEAN
DELITE

CALTRAIN
San Carlos

SUBJECT

PROJECT

EL CAMINO REAL

INDUSTRIAL RD

BAYSHORE FWY

BRITTAN AVE

6.4 Attachment 2 - Property Brochure
35 6.4
Attachment 3 - Zoning Clearance from City of San Carlos 36 Managing Tomorrow’s Resources Today
590 Ygnacio Valley Rd, Suite 105
Walnut Creek, California 94596
Telephone: 925/977-6950
Fax: 925/977-6955
Robert D. Hilton, Emeritus
John W. Farnkopf, PE
Laith B. Ezzet, CMC
Richard J. Simonson
Marva M. Sheehan, CPA
Robert C. Hilton
www.hfh-consultants.com

MEMORANDUM
To: Joe La Mariana, Executive Director – South Bayside Waste Management Authority Rick Simonson, Senior Vice President – HF&H Consultant
August 15, 2023 (revises June 7, 2023 memo)
From:

Date:

Subject: Cost Analysis of Office Purchase versus Lease
Background
The South Bayside Waste Management Authority’s (SBWMA’s) administrative office is currently located in the City of San Carlos Library. The office has been located in this space for over 16 years. Under the terms of the current lease, SBWMA occupies 2,429 square feet at a monthly rent of $5,618 or $2.31/sf.

The current lease term ends on June 30, 2024 and the City has indicated that the term will not be extended because the space is needed to accommodate San Carlos staff and will no longer be available to the SBWMA.

Since receiving this notice, Executive Director La Mariana has been working with a commercial real estate broker to identify potential alternative spaces. The goal has been to identify an affordable space that will accommodate the current staff and agency/public guests, provide proper space for Board and TAC meetings, have easy access to parking for Board and Technical Advisory Committee (TAC) members, be located near public transit, and be in close/immediate proximity to the Shoreway Facility. With these factors in mind, the Executive Director La Mariana has researched and toured many local properties that are currently available for rent and one property that is currently for sale.

Executive Director La Mariana has toured a property, currently for sale, at 1245 San Carlos Avenue, Suite E, in San Carlos. In addition, working with a commercial real estate broker, Executive Director La Mariana has identified a number of properties available to lease that meet the some, but not all, of criteria above.

The current lease rates have been estimated to be between $4.50-$6.50 per square foot in the general San Carlos area.

The following analysis compares the projected costs, over a 30-year period, of purchasing the available property versus leasing a property of the same size; the specific property is unknown at this time. An Excel model was developed to calculate the projected costs over time with a number of assumptions. The model has been constructed to allow multiple scenarios regarding costs and funding terms. This memorandum summarizes one such cost scenario. The model will be available to run additional scenarios at any upcoming meetings.

Cost Analysis of 1245 San Carlos Avenue Property
Executive Director La Mariana’s discussions with the real estate broker has identified a commercial suite located at 1245 San Carlos Avenue, Suite E, which is 2,841 square feet with 20-foot ceilings which can

6.4 Attachment 4 - Cost Analysis of Offer to Purchase Versus Lease prepared by Rick Simonson HF&H
37 Managing Tomorrow’s Resources Today

MEMORANDUM

Page 2 of 4 ends

accommodate adding a second floor and increase the usable space to 3,977 square feet. The expanded space will accommodate existing SBWMA staff workspaces, ADA-compliant restrooms, a kitchen, storage, and a large fully-wired video conference room available to host Board and TAC meetings.

The estimated cost to purchase and make the necessary interior improvements is $2.3 million - $2.5 million. For this analysis we have assumed the high of $2.5 million.

Figure 1 summarizes the cost assumptions used to evaluate the cost-per-square foot procuring, improving, and maintaining the San Carlos Avenue property. Figure 2 summarizes the first-year total cost of the property and the projected cost per square foot ($4.11 per square foot), with additional detail describing the assumptions following Figure 2. Attachment 1 includes a 30-year analysis of projected costs, including the calculation of the present value of the total annual costs of occupying the property over the next 30-years.

Figure 1 – Office Purchase Key Assumptions
Size (at purchase) 2,841 square feet
3,977 square feet
$1,700,000 (est. $1.5 - $1.7 million)
$800,000
Estimated Size (at buildout)
Property Purchase Price
Plus: Tenant Improvements
Total Project Cost $2,500,000
Downpayment
Total Loan Amount
30% ($750,000)
$1,750,000
Loan Term for Pymt Calc
Amortization
30 years
25 years
Balloon Payment
Interest Rate
$551,295 due @ Year 25

6.19%
Payments per Year
Bank Fee
Broker Fee
Association Fees
Association/Utilities Fee escalator
Reserves Return-on-Investments
12 0.50% of loan amount

1.00% of purchase price
$0.14 per sq. f t. per month @ size at purchase

5.00% per year

2.00% per year
Figure 2 – Year 1 Cost Summary
FY 2023-24
Office Purchase Financial Analysis
Loan Repyament
Bank Fee
$128,482
$8,750
Broker Fee $17,000
$16,874
$4,773
Balloon Payment Reserve
Association Fees
Utilities (excl. refuse) $6,000
Opportunity Cost1
$14,485
Total $196,364
Build-out Square Footage
$ per sq. ft. per month
3,977.00
$4.11
1Lost investment income from use of reserves for
downpayment and upfront bank/broker fees

6.4 Attachment 4 - Cost Analysis of Offer to Purchase Versus Lease prepared by Rick Simonson HF&H
38 Managing Tomorrow’s Resources Today

MEMORANDUM

Page 3 of 4 ends

Loan Repayment, Fees, and Balloon Payment Reserve. One-time loan and broker fees are included in Year 1 only. The estimated annual loan repayment (at the terms included in Figure 1) is repaid over 25 years with a “balloon” payment due in Year 25. For this analysis, we have assumed the SBWMA would reserve 1/25 of the balloon payment each year so the cash is available when due. The calculated annual reserve contribution assumes earned interest on the funds at 2.0% per year. The loan payment terms include a fixed 6.19% interest rate for the first 10 years and adjusted thereafter based on 10-year Treasury plus 2.5%. Our analysis assumes the 6.19% throughout the 25-year term. Actual interest rates may be higher or lower.

Association Fees. Association fees are paid monthly by all property owners (i.e., City of San Carlos, Commercial Owners, and Residential Owners through a Joint Use Agreement). The fees cover common area maintenance, insurance, window washing, natural gas, water, sewer, and refuse. In addition, a portion of the fees are set aside in reserves for future capital repairs and maintenance (e.g., building exterior repair and paint, roofs). In total, the five commercial suites are allocated 4.84% of Joint Maintenance Costs. The $0.14 per square foot is based on recent budgeted expenses and reserve contributions. The analysis assumes a 5% annual increase, which may vary from the actual annual changes. Unexpected capital needs may arise which shall be assessed to all property owners in excess of the current $0.14 per square foot fee.

Utilities. The Association fees cover common area utilities, and the refuse needs for the commercial suites. The current understanding is the SBWMA will be responsible for their water, sewer, and electricity needs for their suite. These have been estimated at $500 per month with a 5% annual escalator for this analysis.

Opportunity Costs. To purchase a property instead of leasing, requires upfront cash outlay for the downpayment and one-time bank/loan fees ($775,750 in total). The SBWMA has reserves available to make these upfront payments. This analysis includes a “cost” component for the purchase option to recognize the loss of investment income that would otherwise be earned if the cash was continued to be held in reserves. For this analysis, we have assumed the cost of purchasing the property includes the annual loss of investment income at 2.0% per year on the $775,750 withdrawal from reserves, based on recent historical return-on-investments experienced by the SBWMA.

Cost Analysis of Leasing a Property
Executive Director La Mariana, with assistance from a real estate broker researched and toured dozens of rental properties. Currently, for properties that fit the needs of the SBWMA in this targeted geographic area, leases range from $4.50 to $6.50 per square foot per month. Typically, the lease amounts are inclusive of the Common Area Maintenance (CAM) expenses (e.g., water, sewer, refuse, electricity), though the charges are reviewed annually and reconciled for any incremental differences that are passed along (or refunded) to the tenant. For comparison purposes, and to be conservative, we have assumed all CAM-related costs are included in the per square foot lease charge throughout the 30-year period.

Attachment 1 includes a 30-year analysis of projected costs, including the calculation of the present value of the total annual costs of leasing a property over the next 30-years. The analysis assumes the low end

6.4 Attachment 4 - Cost Analysis of Offer to Purchase Versus Lease prepared by Rick Simonson HF&H
39 Managing Tomorrow’s Resources Today

MEMORANDUM

Page 4 of 4 ends

of $4.50 per square foot per month, escalated 2.0% per year, which is equivalent to approximately $0.10 per square foot each year.

Limitations
The analysis has been prepared with readily available projections and information provided by SBWMA staff, Beale Street Lending, Barc Architecture, and discussions with the 1245 San Carlos property builder, KB Homes. The projections contained herein may change. Additional costs not contemplated in this financial analysis to acquire the San Carlos property may be incurred.

Recommendation
Figure 3 summarizes the comparison of total estimated costs, and average cost per square foot per month, of the two options: 1) purchasing the San Carlos Avenue property and 2) continue leasing available commercial properties, based on the assumptions and projections described in this memo. Based on this financial analysis, the net present value (based on a present value discount rate of 3.0% annually) of the cost to purchase the San Carlos Avenue property is considerably less than leasing property at the low-end of current market rates with a conservation 2% annual increase to market rates. Assuming all costs of purchasing and maintaining the San Carlos Avenue property have been fairly represented, the purchase of the San Carlos Avenue property is recommended. Results may differ if the cost to purchase, finance the property, or other cost factors increase.

Figure 3 – Comparative Summary (detailed analysis provided in Attachment A) Average Cost
30-year Costs per Sq. Ft. per Month
(in 2023$)
$4,196,716
$5,612,814
(in 2023$)
Office Purchase
Office Lease
$2.93
$3.92

6.4 Attachment 4 - Cost Analysis of Offer to Purchase Versus Lease prepared by Rick Simonson HF&H
40 ATTACHMENT A
Key Assumptions - Office Purchase Key Assumptions - Lease Key Assumptions - General Size (at purchase) 2,841 square feet
3,977 square feet
$1,700,000 (est. $1.5 - $1.7 million)
$800,000
Size (square feet)
Lease Amount
Annual Lease Amount
Common Area Maint (CAM)
Lease Inflation Rate
3,977
$4.50 per sq. ft. per month (est. ($4.50-$6.50)
Present Value Discount Rate 3.0%
Estimated Size (at buildout)
Property Purchase Price
Plus: Tenant Improvements
$214,758
incl. in lease

2.00%
water, sewer, electric, refuse, custodial, landscape, etc. (usually part of 1st yr lease amt (baseline), reconciled annually for incremental difference only) Total Project Cost $2,500,000
Downpayment
Total Loan Amount
30% ($750,000)
$1,750,000
Loan Term for Pymt Calc
Amortization
30 years
25 years
Balloon Payment
Interest Rate
$551,295 due @ Year 25

6.19%
Payments per Year
Bank Fee
Broker Fee
Association Fees
Association/Utilities Fee escalator
Reserves Return-on-Investments
12 0.50% of loan amount

1.00% of purchase price
$0.14 per sq. ft. per month @ size at purchase

5.00% per year

2.00% per year
WORKING AREA - Scenarios saved below
Office Purchase Financial Analysis FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 FY 2031-32 FY 2032-33 FY 2033-34 FY 2034-35 FY 2035-36 FY 2036-37 FY 2037-38 Loan Repyament
Bank Fee
$128,482
$8,750
$128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 Broker Fee $17,000
$16,874
$4,773
Balloon Payment Reserve
Association Fees
Utilities (excl. refuse)
Opportunity Cost1
Down Payment
$16,874
$5,012
$6,300
$15,805
$16,874
$5,262
$6,615
$16,121
$16,874
$5,525
$6,946
$16,443
$16,874
$5,801
$7,293
$16,772
$16,874
$6,092
$7,658
$17,108
$16,874
$6,396
$8,041
$17,450
$16,874
$6,716
$8,443
$17,799
$16,874
$7,052
$8,865
$18,155
$16,874
$7,404
$9,308
$18,518
$16,874
$7,775
$9,773
$18,888
$16,874
$8,163
$10,262
$16,874
$8,571
$10,775
$16,874
$9,000
$11,314
$16,874
$9,450
$6,000 $11,880
$14,485
$750,000
$946,364
3,977.00
$19.83
$19,266 $19,651 $20,044 $20,445
Total $172,473
$3.61
$173,354
$3.63
$174,271
$3.65
$175,223
$3.67
$176,213
$3.69
$177,243
$3.71
$178,314
$3.74
$179,428
$3.76
$180,586
$3.78
$181,792
$3.81
$183,048
$3.84
$184,354
$3.86
$185,714
$3.89
$187,131
$3.92
Build-out Square Footage
$ per sq. ft. per month
Present Value Discount Factor
Present Value of Future Cost
30-year Costs (2023$)

1.0000
$946,364
$4,196,716
$2.93

1.0300
$167,449

1.0609
$163,403

1.0927
$159,482

1.1255
$155,683

1.1593
$152,003

1.1941
$148,438

1.2299
$144,985

1.2668
$141,642

1.3048
$138,404

1.3439
$135,271

1.3842
$132,237

1.4258
$129,302

1.4685
$126,463

1.5126
$123,716
Monthly NPV cost per square foot
Office Purchase Financial Analysis FY 2038-39 FY 2039-40 FY 2040-41 FY 2041-42 FY 2042-43 FY 2043-44 FY 2044-45 FY 2045-46 FY 2046-47 FY 2047-48 FY 2048-49 FY 2049-50 FY 2050-51 FY 2051-52 FY 2052-53 TOTAL Loan Repyament
Bank Fee
$128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $128,482 $3,212,056 $8,750
Broker Fee $17,000
Balloon Payment Reserve
Association Fees
Utilities (excl. refuse)
Opportunity Cost1
$16,874
$9,922
$12,474
$20,854
$188,606
$16,874
$10,419
$13,097
$20,854
$189,726
$16,874
$10,940
$13,752
$20,854
$190,902
$16,874
$11,487
$14,440
$20,854
$192,137
$16,874
$12,061
$15,162
$20,854
$193,433
$16,874
$12,664
$15,920
$20,854
$194,794
$16,874
$13,297
$16,716
$20,854
$196,223
$16,874
$13,962
$17,552
$20,854
$197,724
$16,874
$14,660
$18,429
$20,854
$199,300
$16,874
$15,393
$19,351
$20,854
$200,954
$421,855
$317,105
$398,633
$579,758
$4,955,157
$16,163
$20,318
$20,854
$57,335
$16,971
$21,334
$20,854
$59,159
$17,819
$22,401
$20,854
$61,074
$18,710
$23,521
$20,854
$63,085
$19,646
$24,697
$20,854
Total $65,197
Build-out Square Footage
$ per sq. ft. per month $3.95 $3.98 $4.00 $4.03 $4.05 $4.08 $4.11 $4.14 $4.18 $4.21 $1.20 $1.24 $1.28 $1.32 $1.37 Present Value Discount Factor
Present Value of Future Cost

1.5580
$121,059

1.6047
$118,231

1.6528
$115,499

1.7024
$112,860

1.7535
$110,312

1.8061
$107,853

1.8603
$105,480

1.9161
$103,191

1.9736
$100,983

2.0328
$98,856

2.0938
$27,383

2.1566
$27,432

2.2213
$27,495

2.2879
$27,573

2.3566
$27,666
1Lost investment income from use of reserves for downpayment and upfront bank/broker fees Office Lease Financial Analysis
Annual Lease
FY 2023-24
$214,758
FY 2024-25
$219,053
FY 2025-26
$223,434
FY 2026-27
$227,903
FY 2027-28
$232,461
FY 2028-29
$237,110
FY 2029-30
$241,852
FY 2030-31
$246,689
FY 2031-32
$251,623
FY 2032-33
$256,656
FY 2033-34
$261,789
FY 2034-35
$267,025
FY 2035-36
$272,365
FY 2036-37
$277,812
FY 2037-38
$283,369
CAM Charges
Other
Total
$ per sq. ft. per month
$ change
$214,758
$4.50
$219,053
$4.59
$0.09
$223,434
$4.68
$0.09
$227,903
$4.78
$0.09
$232,461
$4.87
$0.10
$237,110
$4.97
$0.10
$241,852
$5.07
$0.10
$246,689
$5.17
$0.10
$251,623
$5.27
$0.10
$256,656
$5.38
$0.11
$261,789
$5.49
$0.11
$267,025
$5.60
$0.11
$272,365
$5.71
$0.11
$277,812
$5.82
$0.11
$283,369
$5.94
$0.12
Present Value Discount Factor
Present Value of Future Cost
30-year Costs (2023$)

1.0000
$214,758
$5,612,814
$3.92

1.0300
$212,673

1.0609
$210,608

1.0927
$208,563

1.1255
$206,539

1.1593
$204,533

1.1941
$202,548

1.2299
$200,581

1.2668
$198,634

1.3048
$196,705

1.3439
$194,795

1.3842
$192,904

1.4258
$191,031

1.4685
$189,177

1.5126
$187,340
Monthly NPV cost per square foot
Office Lease Financial Analysis FY 2038-39
$289,036
FY 2039-40
$294,817
FY 2040-41
$300,713
FY 2041-42
$306,727
FY 2042-43
$312,862
FY 2043-44
$319,119
FY 2044-45
$325,501
FY 2045-46
$332,012
FY 2046-47
$338,652
FY 2047-48
$345,425
FY 2048-49
$352,333
FY 2049-50
$359,380
FY 2050-51
$366,568
FY 2051-52
$373,899
FY 2052-53
$381,377
TOTAL
$8,712,320
$0
Annual Lease
CAM Charges
Other $0
Total
$ per sq. ft. per month
$ change
$289,036
$6.06
$0.12
$294,817
$6.18
$0.12
$300,713
$6.30
$0.12
$306,727
$6.43
$0.13
$312,862
$6.56
$0.13
$319,119
$6.69
$0.13
$325,501
$6.82
$0.13
$332,012
$6.96
$0.14
$338,652
$7.10
$0.14
$345,425
$7.24
$0.14
$352,333
$7.38
$0.14
$359,380
$7.53
$0.15
$366,568
$7.68
$0.15
$373,899
$7.83
$0.15
$381,377
$7.99
$0.16
$8,712,320
Present Value Discount Factor
Present Value of Future Cost

1.5580
$185,521

1.6047
$183,720

1.6528
$181,936

1.7024
$180,170

1.7535
$178,421

1.8061
$176,689

1.8603
$174,973

1.9161
$173,274

1.9736
$171,592

2.0328
$169,926

2.0938
$168,276

2.1566
$166,643

2.2213
$165,025

2.2879
$163,423

2.3566
$161,836

6.4 Attachment 4 - Cost Analysis of Offer to Purchase Versus Lease prepared by Rick Simonson HF&H 41 DATE: August 21, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Andrew Brozyna, Public Works Director
Justin Lai, Public Works Senior Civil Engineer
Amy Zhou, Public Works Assistant Engineer
DEPARTMENT: Public Works
SUBJECT: APPROVING A TASK ORDER WITH HEXAGON
TRANSPORTATION CONSULTANTS, INC. FOR ON-CALL

TRAFFIC ENGINEERING AND TRANSPORTATION SERVICES
IN THE AMOUNT OF $66,000 TO PERFORM THE 2023

ENGINEERING AND TRAFFIC SURVEY

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

1. The Mayor to execute Task Order HEX-2023-11 with Hexagon Transportation Consultants, Inc. in the amount of $66,000 to conduct the 2023 Engineering and Traffic Survey under the Master Professional Traffic Engineering and Transportation Services Agreement; and

2. The establishment of a contingency for Hexagon Transportation Consultants, Inc. in the amount of $7,000 with authorization given to the City Manager or his designee, to execute contract amendments up to the contingency amount; and

3. Finding approval of the Task Order exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines § 15061(b)(3).

EXECUTIVE SUMMARY

6.5 6.5 Staff Report
42 Engineering and Traffic Surveys (E&TS) are required to be conducted every five years in order to maintain or modify posted speed limits for valid speed enforcement. The current E&TS was conducted in 2016, with an extended expiry date of December 19, 2023, in compliance with renewal provisions outlined in the California Vehicle Code (CVC) and 2014 California Manual on Uniform Traffic Control Devices (CA-MUTCD).

The 2016 E&TS validity cannot be further extended, and new surveys must be conducted and reviewed before the expiry date to ensure continuous valid speed enforcement. Task Order HEX-2023-11 will provide for on-call professional traffic engineering services by Hexagon Transportation Consultants, Inc. (Hexagon) to complete the 2023 E&TS.

Funding has been budgeted and is available in the Engineering operating budget. The City Council action will allow staff to award the project with anticipation of surveying occurring during September and October, a final report in November, and Council consideration by December 19, 2023. The timeline is necessary to ensure continuous valid speed enforcement.

BACKGROUND
Valid Engineering and Traffic Surveys (E&TS) are required by the California Vehicle Code (CVC) to enforce posted speed limits.

Based on the CVC Sections 40801, 40802(a), and 40803, the following conclusions can be drawn regarding current speed limits in Foster City:

1. Streets and roads classified as Local on the functional classification system do not require an E&TS to justify radar enforcement of the prima facie speed limit of 25 mph.

2. Streets classified as an Alley do not require an E&TS to justify radar enforcement of the prima facie speed limit of 15 mph when speed limit signs have been erected giving notice thereof.

3. Streets and roads classified as Minor Arterial or Collector on the functional classification system require that an E&TS be completed every five years before the speed limits on these streets can be enforced by radar. Otherwise, the roadways are considered “speed traps” and cannot be considered evidence in allegations of speed limit violations.

The current E&TS was conducted in 2016 and served as a basis to establish the current posted speed limits as accepted and adopted per City Resolution No. 2016-94 on December 19, 2016. The E&TS was set to expire on December 19, 2021.

The validity of the survey was extended by two years, with a new expiration date of December 19, 2023, at the discretion of former Interim Public Works Director Ray Towne in compliance with renewal provisions outlined in CVC Section 40802(c)(2)(B)(i)(I) and the 2014 California Manual on Uniform Traffic Control Devices

6.5 6.5 Staff Report
43 (CA-MUTCD), the official standard for traffic control devices. The E&TS renewal time extension was transmitted to the Superior Court, Traffic Division on October 25, 2021.

Since the current speed surveys are expiring on December 19, 2023, new surveys are needed to maintain or modify speed limits for valid speed enforcement.

On July 18, 2022, the City Council/EMID Board adopted Resolution Nos. 2022-87 and 3665 and approved a Master Professional Traffic Engineering and Transportation Services Agreement with Hexagon under which the City/District can access on-call traffic engineering and transportation services to carry out specific tasks with the approval of a Task Order by the City/District Manager or City Council/EMID Board (depending on the scope of the task) from July 18, 2022 through July 17, 2025.

Hexagon was selected through a competitive process, in accordance with the City’s purchasing policy, and was selected to provide on-call Traffic Engineering Services along with two other firms. Hexagon is qualified to conduct an E&TS given their experience in the transportation planning sector and their reputation within the San Francisco Bay Area.

ANALYSIS
Hexagon will conduct the E&TS per CVC 627 and the CA-MUTCD across all minor arterials and collectors, totaling to 33 segments and unchanged from the 2016 E&TS.

On each segment, Hexagon will obtain speed measurements by radar gun and/or tube for a minimum of 100 vehicles, obtain collision data, update new directional average daily traffic volumes, and conduct a field review of factors that might not be apparent to the driver and/or are relevant to the determination of speed limits. In addition to conducting the E&TS, a final report will be provided for study documentation.

The final report will contain the following items:
• A table describing the existing speed zones in the City, • A description of the methodology used for the engineering and traffic surveys,
• A summary of the results of the engineering and traffic surveys, • A table describing the proposed speed zones in the City, and • A copy of the E&TS worksheet for each location.

Speed limits recommendations will be established in accordance with CA-MUTCD, which call for the following actions:
1) Rounding to the nearest 5 miles per hour (mph) increment from the 85th percentile speed determined by the E&TS for the segment, or 2) Reducing by 5 mph from the nearest 5 mph increment the 85th percentile speed, in compliance with CVC Sections 627 and 22358.5, or
3) Rounding down to the nearest 5 mph increment speed below the 85th percentile speed when rounding up is required, if no further reduction is used per CVC

6.5 6.5 Staff Report
44 Section 21400 (b).

If approved, the contract would call for the following timeline:

Estimated Timeline
Project Kick-Off August 2023
Engineering and Traffic Surveying September – October 2023 Final Report November 2023
The timeline will allow accurate and timely results. The surveying is to occur during September and October to ensure traffic during the school year is accounted for. The final report is expected to be completed by November, so the results can be reviewed for speed limit modifications by City staff and brought to Council for approval in December, before or on the E&TS deadline of December 19, 2023, to provide continuous valid speed enforcement.

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

FISCAL IMPACT
The proposed fees in the amount of $66,000 have been determined reasonable based on the scope of services. Additionally, a project contingency in the amount of $7,000 or approximately 10% of the contract amount is recommended to pay for additional services to mitigate unforeseen tasks or for additional services that may be required.

Funding for the E&TS is available in Account No. 001-0910-431-4251.

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

Attachment 1 – Resolution
Attachment 2 – Task Order

6.5 6.5 Staff Report
45 RESOLUTION NO.____________

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

AUTHORIZING THE EXECUTION OF A TASK ORDER WITH HEXAGON
TRANSPORTATION CONSULTANTS, INC. FOR ON-CALL TRAFFIC ENGINEERING AND TRANSPORTATION SERVICES IN THE AMOUNT OF $66,000 TO PERFORM THE 2023 ENGINEERING AND TRAFFIC SURVEY; AND FINDING THAT THE

PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES §15061(B)(3))

CITY OF FOSTER CITY
WHEREAS, the California Vehicle Code requires that an Engineering and Traffic Survey (E&TS) be conducted at least once every five years so that speeding tickets issued by the Police, based on the use of radars, can be upheld in Traffic Court; and WHEREAS, the last E&TS for the City of Foster City was adopted by the City Council on December 19, 2016 with an expiration date of December 19, 2021; and WHEREAS, former interim Public Works Director Ray Towne extended the expiration date by two years in accordance with the California Vehicle Code and California Manual on Uniform Traffic Control Devices on October 25, 2021; and WHEREAS, the 2016 E&TS expires on December 19, 2023 and must be updated for continuous valid speed enforcement; and
WHEREAS, on July 18, 2022, the City Council/EMID approved a Master Professional Traffic Engineering and Transportation Services Agreement with Hexagon Transportation Consultants, Inc. under which the City can access on-call professional services by Task Order; and
WHEREAS, Hexagon Transportation Consultants will conduct an E&TS across 33 segments and provide a final report documenting existing conditions, surveying methodology, results and recommendations, and E&TS worksheets for each segment; and
WHEREAS, funding has been budgeted from Account No.001-0910-431-4251.

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

1. The Mayor to execute Task Order HEX-2023-11 with Hexagon Transportation Consultants, Inc. in the amount of $66,000 to conduct the 2023 Engineering and

6.5 Attachment 1 - Resolution
46 Traffic Survey under the Master Professional Traffic Engineering and Transportation Services Agreement; and

2. The establishment of a contingency in the amount of $7,000 with authorization given to the City Manager, or his designee to execute contract amendments up to the contingency amount.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Task Order, with minor, non-substantive revisions that may be approved by the Mayor and the City Attorney, and to execute any other necessary documents to effectuate the terms of the Task Order.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.5 Attachment 1 - Resolution
47 TASK ORDER NO. HEX-2023-11

TO MASTER TRAFFIC ENGINEERING AND TRANSPORTATION SERVICES

AGREEMENT
FOR

PROFESSIONAL ON-CALL TRAFFIC ENGINEERING AND TRANSPORTATION

SERVICES
2023 ENGINEERING AND TRAFFIC SURVEY (E&TS)
This Task Order No. HEX-2023-11 ("Task Order") is made and entered into by and between the City of Foster City/Estero Municipal Improvement District (“City/District”) and Hexagon Transportation Consultants, Inc. ("Consultant").

RECITAL
A. City and Consultant entered into an agreement entitled Master Traffic Engineering and Transportation Agreement ("Agreement") on July 18, 2022, by which the Consultant agreed to perform Traffic Engineering and Transportation Support services and related services in accordance with Task Orders issued by the City.

NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. INCORPORATION BY REFERENCE. This Task Order hereby incorporates by reference all items and conditions set forth in the Agreement.

2. SCOPE OF TASK ORDER. Consultant shall perform the services described in Exhibit "A," attached hereto and incorporated herein by reference, in accordance with the terms and conditions of the Agreement.

3. PAYMENT. For services performed by Consultant in accordance with this Task Order, City will compensate Consultant in accordance with the terms and conditions of the Agreement, in an amount not to exceed $66,000 (including all hourly billings as well as reimbursable costs.

4. SIGNATURES. The individuals executing this Task Order represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Task Order on behalf of the respective legal entities of the Consultant and the City.

IN WITNESS WHEREOF, the City and Consultant do hereby agree to the full performance of the terms set forth herein.

City of Foster City Consultant
_____________________________ _________________________ By: Jon Froomin By: Gary Black
Title: Mayor Title: President
Date: _________________________ Date: _____________________

6.5 Attachment 2 - Task Order
48 EXHIBIT A

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

PROFESSIONAL ON-CALL TRAFFIC ENGINEERING AND TRANSPORTATION

SERVICES
TASK ORDER HEX-2023-11
This is an Exhibit attached to and made a part of and incorporated by reference to the Agreement dated July 18, 2022, by and between Hexagon Transportation Consultants, Inc., hereinafter referred to as "CONSULTANT" and the City of Foster City/Estero Municipal Improvement District, hereinafter referred to as "CITY/DISTRICT" providing for professional services.

DESCRIPTION OF THE PROJECT:

1. DESCRIPTION: The City of Foster City (City) is seeking an Engineering and Traffic Survey (E&TS) for 2023. Hexagon Transportation will work with the City to develop recommendations for maintaining or modifying the posted speed limits on various study roadway segments throughout the City. This survey is necessary to satisfy the requirements of the California Vehicle Code (CVC) and California Manual on Uniform Traffic Control Devices (CA MUTCD) in support of establishment of posted speed limits and enforcement of speed limits using radar or other speedmeasuring devices. Further, this survey will serve to update the near expiration E&TS prepared by others in 2016.

2. BASIC SERVICES: The CITY/CONSULTANT has developed a general scope of work as described below.

2.1 Document Existing Speed Limits
An inventory of the existing speed limits in the study area will be conducted. This study will focus on identifying the posted speed limit on each of the study segments and the existing speed limits will be summarized in the report.

2.2 Engineering and Traffic Surveys
Engineering and traffic surveys are required by the State of California, per section 40802 of the California Vehicle Code (CVC), to establish speed limits on local streets and to enforce those limits using radar or other speed-measuring devices. CVC Section 627 defines an “engineering and traffic survey” and lists the requirements of a survey. Furthermore, CVC Section 627 requires that engineering and traffic surveys be conducted in accordance with the methods prescribed by Caltrans. The California Manual on Uniform Traffic Control Devices (CA MUTCD) is adopted by Caltrans as the standard for all official traffic control devices on state facilities. Section 2B.13 of the CA MUTCD discusses speed limits, the speed limit signing, and the procedures required for the engineering and traffic surveys necessary to establish speed limits. Our approach to the engineering and traffic surveys has been developed to satisfy the requirements contained in the CVC and those established by Caltrans in the CA MUCTD.

The CVC indicates that the engineering and traffic surveys shall include, among other requirements deemed necessary by Caltrans, consideration of the following:

6.5 Attachment 2 - Task Order
49 A. Prevailing speeds as determined by traffic engineering measurements, B. Collision records, and
C. Highway, traffic, and roadside conditions not readily apparent to the driver.

The engineering and traffic surveys conducted by Hexagon will address each of the three items listed above. The three components of the engineering and traffic surveys are described in greater detail.

Speed Measurements
Speed measurements will be obtained by radar gun and/or tube counts as prescribed by the requirements of speed zone surveys contained in the CVC and the CA MUTCD. We will conduct speed surveys on each of the study segments for each direction of travel. The 85th-percentile speed will be identified from the speed data collected on the subject roadway segments. The speed survey data for each survey location will be summarized in the report.

Collision Records
Collision data for the study segments will be obtained from the Statewide Integrated Traffic Records System (SWITRS) database. Hexagon will obtain new directional average daily traffic (ADT) volumes via machine counts collected along each of the study segments. The collision rate associated with each study segment will be calculated based on the collision records and on ADT count data for the study segments.

Conditions Not Readily Apparent to the Driver and Other Roadway Factors A field review of the study segments will consider factors that might not be apparent to the driver such as:
• Sight distance deficiencies
• Hidden intersections
• Blind curves
• Presence of pedestrians or school children
The field review will also evaluate other roadway factors that should be considered in the selection of an appropriate speed limit. Such factors include:
• Street alignment and cross-section
• Pedestrian activity
• Number of lanes and lane striping patterns
• Spacing of intersections and driveways
• Presence and frequency of on-street parking
• Locations of stop signs and other regulatory traffic control devices • Adjacent land uses and proximity to schools
In addition to the factors described above, local authorities may consider the following factors when conducting an engineering and traffic survey and selecting a speed limit. • Residential density
• Bicycle and pedestrian safety
Hexagon will take these factors into consideration when reviewing the results of the engineering and traffic surveys and when considering whether to retain or modify the existing speed limits.

2.3 Findings and Recommendations
Hexagon will review the results of the engineering and traffic surveys and field reviews for each study location and make recommendations with respect to the proposed speed limits. Our recommendations will be made in accordance with the standards and requirements of the CVC

6.5 Attachment 2 - Task Order
50 and the CA MUTCD. The recommended speed zones for each study segment will be summarized in the report. Additionally, based on the results of the field review of existing conditions, Hexagon will make recommendations regarding the need for new, additional, or modified speed limit signs on the study segments.

2.4 E&TS Worksheets
An E&TS worksheet will be prepared for each study segment. Each E&TS worksheet will describe the segment location, existing roadway characteristics, traffic volumes, collision history, CA MUTCD/CVD posted speed limit compliance, and recommend posted speed limit. In addition, each E&TS worksheet will include the stamp and signature of the responsible-in-charge engineer.

Note that the 2016 E&TS worksheets provided by the City will serve as a baseline for the updated worksheets

2.5 Study Documentation
A draft report will be prepared to document the results of the engineering and traffic surveys. The draft report will include the following.
• A table describing the existing speed zones in the City, • A description of the methodology used for the engineering and traffic surveys, • A summary of the results of the engineering and traffic surveys • A table describing the proposed speed zones in the City, • A copy of the E&TS worksheet for each location.

The draft report will be submitted to the City for review and comment. Upon receipt of review comments, Hexagon will revise the report as necessary to address the City’s comments and produce a final report. The final report will include the same items listed above.

The final report will be signed and sealed by a registered Civil or Traffic Engineer.

The 33 study segments to be included in the E&TS and final report are as follows:

1. Altair Avenue, between East Hillsdale Boulevard and Edgewater Boulevard

2. Baffin Street, between Edgewater Boulevard and Cornwallis Lane

3. Balclutha Drive, between Foster City Boulevard and Flying Cloud Drive

4. Beach Park Boulevard, between Polaris Avenue and Edgewater Boulevard

5. Beach Park Boulevard, between Edgewater Boulevard and Foster City Boulevard

6. Beach Park Boulevard, between East Hillsdale Boulevard and Foster City Boulevard

7. Boothbay Avenue, between Edgewater Boulevard and Port Royal Avenue

8. Bounty Drive, between Shell Boulevard and Foster City Boulevard

9. Catamaran Street, between Shell Boulevard and Beach Park Boulevard

10. Catamaran Street, between Shell Boulevard and Marlin Avenue

11. Chess Drive, between City Limits and Foster City Boulevard

12. East Third Avenue, between City Limits and Foster City Boulevard

13. East Third Avenue, between Foster City Boulevard and Easterly Limit

14. East Hillsdale Boulevard, between City Limits and Edgewater Boulevard

15. East Hillsdale Boulevard, between Edgewater Boulevard and Foster City Boulevard

16. East Hillsdale Boulevard, between Foster City Boulevard and Gull Avenue

17. Edgewater Boulevard, between City Limits and Beach Park Boulevard

18. Edgewater Boulevard, between Beach Park Boulevard and Baffin Street

19. Farragut/Halsey Boulevards, between Beach Park Boulevard and Beach Park Boulevard

20. Foster City Boulevard, between East Third Avenue and East Hillsdale Boulevard

21. Foster City Boulevard, between East Hillsdale Boulevard and Bounty Drive

22. Foster City Boulevard, between Bounty Drive and Beach Park Boulevard

23. Gull Avenue, between East Hillsdale Boulevard and Beach Park Boulevard

24. Marlin Avenue, between Catamaran Street and Beach Park Boulevard

6.5 Attachment 2 - Task Order
51 25. Metro Center Boulevard, between Edgewater Boulevard and Foster City Boulevard

26. Pitcairn Drive, between Edgewater Boulevard and Aruba Lane

27. Polaris Avenue, between Altair Avenue and Beach Park Boulevard

28. Polynesia Drive, between Foster City Boulevard and Flying Mist Isle

29. Port Royal Avenue, between Edgewater Boulevard and Edgewater Boulevard

30. Shell Boulevard, between Metro Center Boulevard and East Hillsdale Boulevard

31. Shell Boulevard, between East Hillsdale Boulevard and Bounty Drive

32. Shell Boulevard, between Bounty Drive and Beach Park Boulevard

33. Vintage Park Drive, between Foster City Boulevard and Metro Center Boulevard Any work not specifically referenced in the above Scope of Services – for example surveying more than the number of locations described above or attending a public hearing in connection with the project – shall be considered additional services. Additional services shall be provided upon authorization and will require additional budget and time.

PAYMENTS

1. The maximum payment to CONSULTANT under this Agreement for the Project shall be:
$66,000, per the following fee schedule:

2. Compensation for Consultant’s Services shall be on the percent complete on a monthly basis.

6.5 Attachment 2 - Task Order
52 3. TIMES OF PAYMENT: Invoices are to be submitted monthly. The invoice shall be accompanied by a cost breakdown by discipline in approved format.

ESTIMATED SCHEDULE
Project Kick-Off August 2023
Engineering and Traffic Surveying September – October 2023 Final Report November 2023

6.5 Attachment 2 - Task Order
53 DATE: August 21, 2023
TO: Mayor and Members of the City Council
FROM: Stefan Chatwin, City Manager
DEPARTMENT: Human Resources
SUBJECT: CONTRACT AMENDMENT NO. TWO (2) IN THE AMOUNT OF $101,000 TO THE AGREEMENT WITH IT’S PERSONNEL

CONSULTING FOR INTERIM HUMAN RESOURCES DIRECTOR

SERVICES

RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute Contract Amendment No. Two (CA 2) in the amount of $101,000 with It’s Personnel Consulting, Inc. for Interim Human Resources Director services.

EXECUTIVE SUMMARY
In July 2022, due to staffing shortages, the City entered into a professional services agreement with It’s Personnel Consulting, Inc. to provide specialized human resources (HR) services in various functions including recruitment, classification/compensation, benefits administration, leave administration and other HR functions (“Agreement”).

A second amendment to the Agreement (CA 2) is now necessary to include additional services to allow It’s Personnel Consulting, Inc. to provide a part-time Interim Human Resources Director while the position is being recruited. With CA 2, the revised total contract amount will be $150,000, which exceeds the City Manager’s authority and requires Council approval.

BACKGROUND/ANALYSIS

6.6 6.6 Staff Report
54 On July 21, 2022, the City and It’s Personnel Consulting, Inc. entered into a professional services Agreement to assist with various Human Resources services including recruitment, classification/compensation, benefits administration, leave administration and other HR functions. These services are provided on an as needed basis up to a maximum Agreement amount of $20,000.

On May 22, 2023, an amendment to the Agreement was entered into by the City Manager to increase the contract amount based on recent vacancies that occurred in the HR Department to ensure HR services continued. The services continued to be provided on an ad-hoc basis as needed but also included a Senior HR Analyst resource for the more complex and specialized services for an additional amount of $29,000 increasing the maximum Agreement amount to $49,000. The City Manager approved the Agreement and the first amendment to the Agreement as they were both within his signing authority under the City’s Purchasing Policy.

CA 2 is necessary to include additional services to allow It’s Personnel Consulting, Inc. to provide services of a part-time Interim Human Resources Director while the full-time position is being recruited. CA 2 would increase the maximum amount by $101,000. The Interim HR Director will provide significant experience and skill that is necessary for that position and will be on-site, and work remotely as needed. Some examples of the types of services that will be provided by the HR Director would be to manage the Human Resources Department, work with other Department Heads to fill vacant positions in the City, review job descriptions, etc. Weekly schedule of hours will be established between the City Manager and Interim HR Director. The Interim HR Director rate is $175 an hour and is limited to a maximum of 500 hours. The Interim HR Director also receives reimbursement for authorized travel costs.

California Environmental Quality Act
Approval of CA 2 is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et. seq.), including without limitation, Public Resources Code section 21065 and California Code of Regulations 15378 as this is not a “project” that may cause a direct, or reasonably foreseeable indirect, physical change in the environment.

FISCAL IMPACT
With the execution of CA 2, the revised contract amount is $150,000:

Professional Services Contract $20,000
Contract Amendment No. 1 $29,000
Contract Amendment No. 2 $101,000
Revised Contract Amount $150,000

6.6 6.6 Staff Report
55 CA 2 in the amount of $101,000 to the agreement with It’s Personnel Consulting will ensure there is sufficient funding to provide on-site Interim Human Resources Director services. Funding is available in the approved budget for CA 2.

CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Staff Empowerment and Operational Excellence
ATTACHMENTS:

Attachment 1 – Resolution
Attachment 2 –Contract Amendment No. Two (2)
Attachment 3 – Agreement

6.6 6.6 Staff Report
56 RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY AUTHORIZING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. TWO (2) IN THE AMOUNT OF $101,000 WITH IT’S PERSONNEL CONSULTING INC. FOR

INTERIM HUMAN RESOURCE DIRECTOR SERVICES

CITY OF FOSTER CITY
WHEREAS, on July 21, 2022, the City entered into a professional services agreement with It’s Personnel Consulting to provide Human Resources services in various functions including recruitment, classification/compensation, benefits administration, leave administration and other HR functions on an as needed basis up to a maximum Agreement amount of $20,000; and
WHEREAS, on May 22, 2023, Contract Amendment No. One (1) was approved by the City Manager to increase the contract based on recent vacancies that occurred in the HR Department for an additional $29,000 increasing the maximum Agreement amount to $49,000; and
WHEREAS, Contract Amendment No. Two (2) would increase the agreement amount to provide for a part-time Interim Human Resources Director while the position is being recruited. With Contract Amendment No. Two (2), the revised total contract amount will be $150,000; and
WHEREAS, there is adequate funding in the Human Resources budget to cover these costs.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Foster City does hereby authorize the Mayor to execute Contract Amendment No. Two (2) in the amount of $101,000 with It’s Personnel Consulting for Interim Human Resources Director services with minor revisions that may be approved by the City Attorney.

6.6 Attachment 1 - Resolution
57 PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 21st day of August, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

6.6 Attachment 1 - Resolution
58 ORIGINAL
4867-3200-7544 v1
4892-7919-5256 v1

CITY OF FOSTER CITY
CONTRACT AMENDMENT NO. TWO (2)
DATE: August 21, 2023 ACCOUNT NO. 001-1210-415-4251
PROJECT NAME: Recruitment and HR Support Services
TO: It’s Personnel
CHANGE REQUESTED BY: It’s Personnel and City of Foster City Based on mutual agreement, It’s Personnel Consulting, Inc. and City of Foster City agree to amend the original Agreement dated July 21, 2022 (“Agreement”) pursuant to Section 4 of the Agreement to add additional work for specified amounts, which are identified as follows:

ORIGINAL CONTRACT AMOUNT $ 20,000
AMOUNT OF CONTRACT AMENDMENT NO. ONE (1)
(Dated May 22, 2023)
$ 29,000
AMOUNT OF CONTRACT AMENDMENT NO. TWO (2) $ 101,000
REVISED CONTRACT AMOUNT $ 150,000
It’s Personnel Consulting and the City of Foster City agree that additional work shall be added to Exhibit A, Scope of Work, in the Agreement for the services of an HR Director as described below and attached hereto and hereinafter incorporated as Attachment 1:

Task #1: Support from HR Director

1. To add additional hours and support for one HR Director

2. HR Director Rate shall be billed at $175/hour
$ 101,000
Subtotal $ 101,000
REVISED CONTRACT AMOUNT $ 150,000
Except as specifically modified herein, all other terms and provisions in the Agreement shall remain unchanged.

It’s Personnel have given careful consideration to the work proposed and hereby agree, if this proposal is approved, to provide all equipment, furnish all materials except as may otherwise be noted above, and to perform all services necessary for the work above specified, and to accept as full payment therefore the prices shown above. [Signatures on Next Page]

6.6 Attachment 2 - Contract Amendment No. Two (2)
59 4867-3200-7544 v1
4892-7919-5256 v1
IN WITNESS WHEREOF, the City of Foster City and It’s Personnel Consulting, Inc. have executed this Second Amendment to the Agreement, which shall be effective as of July 24, 2023, regardless of when it is executed.

CITY OF FOSTER CITY
DATE:

Stefan Chatwin, City Manager
ATTEST:

DATE:

Priscilla Schaus, City Clerk
APPROVE AS TO FORM:

DATE:

Benjamin Stock, City Attorney
IT’S PERSONNEL:

DATE:

Rebecca Burnside, Principal

6.6 Attachment 2 - Contract Amendment No. Two (2)
60 4867-3200-7544 v1
4892-7919-5256 v1
Attachment 1
Interim Human Resources Director responsibilities are estimated at 500 hours and include:
• Manage Human Resources Department until full-time employee is hired • Partner with Department Heads on hard to fill positions • Work with outside labor negotiator on AFSCME MOU negotiations • Work with staff to address any grievance, disciplinary or performance evaluation issue
• Work with employees on ADA/Interactive Process requests • Review job descriptions as necessary
• Respond to Risk Management inquiries from employees and other Departments

6.6 Attachment 2 - Contract Amendment No. Two (2)
61 Recruitment and HR Support Services

PROFESSIONAL SERVICES AGREEMENT
FOR
Recruitment and HR Support Services
This Agreement is made and entered into as of the 21st day of July, 2022 by and between the City of Foster City, hereinafter called "CITY" and Its Personnel, hereinafter called "CONSULTANT".

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

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

TERMS AND CONDITIONS

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

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

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

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may with or without cause, direct CONSULTANT to suspend, delay or interrupt Services, in whole or in part, for such periods of time as CITY may determine in its sole discretion. (c) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should CONSULTANT commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of CITY’s written DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
62 Recruitment and HR Support Services
notice to CONSULTANT demanding such cure, in which case CONSULTANT shall be liable to CITY for all loss, cost, expense, damage and liability resulting from such breach and termination. (d) CITY may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever CITY determines that such termination is in CITY’s best interests, in which case CONSULTANT shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense. CONSULTANT shall continue its work throughout the course of any dispute, and CONSULTANT’s failure to continue work during a dispute shall be a material breach of this Agreement.

3. Compensation; Expenses; Payment. CITY shall compensate CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of Twenty Thousand Dollars ($20,000) unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by the City Manager (for contracts less than $50,000) or City Council (for contracts $50,000 or more) evidenced by motion duly made and carried and a written contract amendment having been executed.

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

CITY shall not incur any charges under this Agreement, nor shall any payments become due to CONSULTANT for any payment period on the Project, until CITY receives all deliverables required under Exhibit A, SCOPE OF WORK AND SCHEDULE, for the payment period (if any) and reasonably accepts such deliverables as meeting the requirements of this Agreement. In cases where CONSULTANT has partially completed one or DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
63 Recruitment and HR Support Services
more deliverables due during a payment period, and if CONSULTANT demonstrates diligent progress thereon, then CITY may make a partial progress payment based upon percentage completion of the partially completed deliverables and diligent progress but taking into account any adverse impacts upon CITY. CITY shall not be liable for, and CONSULTANT shall not be entitled to, any payment for Services performed before this Agreement's execution.

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

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

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

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

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

DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
64 Recruitment and HR Support Services
CONSULTANT represents that it possesses all necessary training, licenses and permits to perform the Services and that its performance of the Services will conform to the standards of practice of a professional having experience and expertise in performing professional services of like nature and complexity of the Services working on similar, successfully completed projects.

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

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

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

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

10. Indemnity. To the fullest extent allowed by law, CONSULTANT hereby agrees to defend, indemnify, and save harmless CITY and Estero Municipal Improvement District, its Council, boards, commissions, officers, employees, directors, volunteers and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, injury (including, without limitation, economic harm, injury to or death of any person, including an employee of CONSULTANT or its Subconsultants), cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, at law or equity, which may be brought against, or suffered or sustained by, City of Foster City or Estero Municipal Improvement District, DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
65 Recruitment and HR Support Services
its Council, boards, commissions, officers, employees, directors, volunteers or agents that arise out of, pertain to, or relate to any negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed or retained by them, or anyone that they control. In the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs.

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

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

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

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

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

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

12. WORKERS' COMPENSATION. CONSULTANT certifies that he is aware of the provisions of the Labor Code of the State of California which require DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
66 Recruitment and HR Support Services
every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONSULTANT certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

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

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

CITY: City of Foster City
610 Foster City Boulevard
Foster City, CA 94404-2299
Attention: Maria Saguisag-Sid
Email: [email protected]
Phone: (650) 286-3207
CONSULTANT: It’s Personnel
Rebecca Burnside
1545 Broadway #305
San Francisco, CA 94109
(415) 786-2666
[email protected]

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

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

DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
67 Recruitment and HR Support Services

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

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

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

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

21. Liability of CITY.

Except as provided in Exhibit A, Services to be provided by CONSULTANT and Exhibit C, Insurance, CITY's obligations under this Agreement shall be limited to the payment of the compensation provided for in Paragraphs 1, 3, and 4 of this Agreement,
Notwithstanding any other provision of this Agreement, in no event shall CITY be liable, regardless of whether any claim is based on contract, tort or otherwise, for any special, consequential, indirect or incidental damages, DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
68 Recruitment and HR Support Services
lost profits or revenue, arising out of or in connection with this Agreement, the Services, or the Project.

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

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

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

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

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

Any Force Majeure event with a duration in excess of 30 days entitles either party to terminate this Agreement with written notice to the other party, without further penalty or compensation.

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

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

CITY OF FOSTER CITY
Dated: _________________________________
Stefan Chatwin, City Manager
Dated:

APPROVED AS TO FORM
Dated:

Benjamin Stock, City Attorney

CONSULTANT
Dated:

Rebecca Burnside, Principal
ATTEST:
________________________________
Priscilla Schaus, City Clerk
By: Yelena Cappello, Deputy City Clerk
DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 7/22/2022 | 3:19 PM EDT
7/25/2022 | 10:14 AM PDT
7/25/2022 | 10:19 AM PDT
7/25/2022 | 10:19 AM PDT

6.6 Attachment 3 - Agreement
70 Recruitment and HR Support Services

EXHIBIT A

SERVICES TO BE PROVIDED, PAYMENTS, PROJECTS, AND DELIVERABLES FOR
Recruitment and HR Support Services
See Attached
DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
71 I T ’ S P ERSONNEL C ONSULTING

FOSTER CITY RECRUITMENT PROPOSAL
1545 Broadway Suite 305
San Francisco, CA 94109
Phone: 415-786-2666
E-Mail: [email protected] Web: www.its-personnel.com DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
72 Scope of Work
It ’ s Personnel will provide HR Analyst work in the form of recruitment services, classification compensation work , benefits administration , leave administration, and other Human Resources functions. These can take various forms. For example, a recruitment service may look like:
(1.) Project Organization
• Kick - off meeting to discuss candidate profile and formalize project schedule
• Finalize candidate profile with City of Foster City
• Develop advertising and recruiting plan
• Prepare marketing brochure or job announcement and/or supplemental questionnaires
(2.) Recruitment
• I f desired, i dentify and seek out well - qualified candidates within the parameters of the candidate profile
• Advertise, network, and electronically post in appropriate venues • Respond to all inquiries and acknowledge all resumes received (3.) Preliminary Interviews/Recommendation
• Review candidates’ resumes and supplementa l questionnaires • If desired, c onduct preliminary interviews with leading candidates • Work with operating department to develop invitees to oral boards • Notify all candidates of search status
(4.) Final Oral Board Process /Selection
• Design process and facilitate i nterview(s) with panel (5.) Qualification
• If desired, c onduct background checks and references A Brief History of the Organization and Principal
It’s Personnel has been operating since 2010, providing a full range of Human Resources services to public an d private entities. C urrent and previous c lients include Solano County , City of Livermore, Genentech, City of Brisbane, City of Tracy, Univer s i ty of San Francisco, City of San Mateo, City of South San Francisco, City of Berkeley, Mitsubishi, Sony, and the City of Palo Alto .

It’s Personnel is owned and operated by Rebecca Burnside . She employs three HR Analysts, John Castanha, Barbara Hanna, and Victoria Edwards , who will be performing the work for Foster City if this project is awarded.

Ms. Burnside began her career as a litigation attorney, specializing in first commercial litigation and then labor and employment law in Arizona. She worked for Littler Mendelson, the largest labor and employment boutique law firm in the nation with almost 1,000 attorneys in 55 offices. She represented a num ber of Fortune 100 companies, as well as a number of small employers and public entities. Clients included Waste M anagement, Wal*Mart, Clear Channel, Swift Aviation, the City of Phoenix, and McKesson DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
73 Corporation . After she practiced law, she transitioned into Human Resources in the Public Sector. She served as Assistant Human Resources Director for the City of San M ateo, Human Resources Director for Foster City, and Human Resources Director for Redwood City. She and her HR Analysts have provided recruitment services for several agencies, including City of San Mateo, City of Berkeley, City of Livermore, City of South San Francisco, and Menlo Park Fire Protection District.

Victoria Edwards will be assisting Ms. Burnside as an associate. She has over 25 years of Human Resources experience. She served as a Human Resources Analyst for the City of South San Francisc o for 10 years, working as a generalist with a focus in recruitment. She has experience in all areas of Human Resources.

Barbara Hanna will be assisting Ms. Burnside as an associate. She has over 30 years of Human Resources experience. She served as a Human Resources Analyst for Foster City for 10 years, working as a generalist. She also worked for Pacific Gas and Electric for almost a decade and worked in publishing and technology companies. She has experience in all areas of Human Resources.

John Castanha may also be assisting Ms. Burnside as an associate. H e has over 30 years of Human Resources experience. He served as a Senior Human Resources Analyst and HR Analyst for Foster City for over a decade , working as a generalist. He also worked for San Ramon Valley Fire Protection District and the City of Palo Alto. He has experience in all areas of Human Resources.

F o r recruitment service s, we suggest the following samp l e plan:

Recruitment Plan- Sample
Project Organization
Kick - off meeting to discuss candidate profile and formalize project schedule
Develop advertising and recruiting plan
Recruitment
Draft and post job announcement
Advertise, network, and electronically post in appropriate venues Respond to all inquiries and acknowledge all resumes received Preliminary Interviews/Recommendation
Review candidates’ resumes and supplemental questionnaires ( typically limit ed at approximately 150)
Notify all candidates of search status
Final Interviews/Selection
Draft Oral Board Questions or Assessment Center
Confer on process
Design process and facilitate finalist interview(s) with panel Secure Panelists with cooperation/involvement of the Hiring Department
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74 Miscellaneous Coordination
Questions and conferences with employer, candidates, HR staff, Hiring manager
Statement of Compensation
Associate Hours
estimate Rate Estimated Cost per recruitment
Rebecca Burnside $ 225 .00
HR Analysts $ 12 5 .00
$ 2,250 - $3 , 000
Additional Expenses per Recruitment Estimated to be $ 40 0.00 (as determined/approved by the operating department for targeted advertising) * It’s Personnel does not offer legal advice. We recommend all work product be reviewed by your legal counsel. The amount q uoted for the work product is a good faith estimate based on the information provided. All invoices are due within 30 days of the invoice date.

We tha nk you for your consideratio n .

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EXHIBIT B

FEE SCHEDULE
Rebecca Burnside $225 per hour
HR Analysts $125 per hour
Compensation shall not exceed twenty thousand dollars ($20,000).

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EXHIBIT C

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

This is an Exhibit to, and made a part of and incorporated by reference to the Agreement dated July 1, 2022, by and between It’s Personnel, hereinafter referred to as "Consultant”, and the City of Foster City, hereinafter referred to as "City", providing for professional services.

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

1.1 Insurance Requirements
Commercial General Liability Insurance
Commercial General Liability Insurance including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement with the City ), Products-Completed Operations Hazard, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, Personal Injury (including bodily injury and death), and Property Damage for liability arising out of Consultant's performance of services under this Agreement. The Commercial General Liability insurance shall contain no exclusions or limitation for independent contractors working on the behalf of the named insured. Consultant shall maintain the Products-Completed Operations Hazard coverage for the longest period allowed by law following termination of this Agreement. The amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence and four million dollars ($4,000,000) aggregate.
*Please note, the City will require a separate additional insured endorsement for the Commercial General Liability policy, listing the “City of Foster City, its Council members, officials, agents, officers, and employees”.

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☒ Business Automobile Liability Insurance
Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death) and Property Damage covering any vehicle and/or all owned, leased, hired and non-owned vehicles used in the performance of Services pursuant to this Agreement with coverage equal to the policy limits, which shall be at least two million dollars ($2,000,000) each occurrence. ☒ Workers' Compensation Insurance
Consultant shall submit written proof that Consultant is insured against liability for workers' compensation in accordance with the provisions of section 3700 of the California Labor Code. Consultant shall require any Subconsultants to provide workers' compensation for all of the Subconsultants' employees, unless the Subconsultants' employees are covered by the insurance afforded by Consultant. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, Consultant shall provide and/or require each Subconsultant to provide adequate insurance for the coverage of employees not otherwise covered. Consultant shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease. ☒ Professional Liability Insurance
Professional Liability (Errors and Omissions) Insurance, for liability arising out of, or in connection with, all negligent acts, errors or omissions in connection with services to be provided under this Agreement, with no exclusion for claims of one insured against another insured, with coverage equal to the policy limits, which shall not be less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate.

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

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

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

3. Insurance terms and conditions:

3.1 Cancellation of Insurance
The above stated insurance coverages required to be maintained by Consultant shall be maintained until the completion of all of Consultant's obligations under this Agreement except as otherwise indicated herein.

Each insurance policy supplied by Consultant shall not be suspended, voided, cancelled or reduced in coverage or in limits except after ten (10) days written notice by Consultant in the case of non-payment of DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
78 Recruitment and HR Support Services
premiums, or thirty (30) days written notice in all other cases. This notice requirement does not waive the insurance requirements stated herein. Consultant shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.

3.2 All insurance shall be issued by a company or companies admitted to do business in California and listed in the current "Best's Key Rating Guide" publication with a minimum rating of A-; VII Any exception to these requirements must be approved by the City Risk Manager.

3.3 If Consultant is, or becomes during the term of this Agreement, self-insured or a member of a selfinsurance pool, Consultant shall provide coverage equivalent to the insurance coverages and endorsements required above. The City will not accept such coverage unless the City determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by Consultant is equivalent to the above-required coverages.

3.4 For any claims related to the Agreement, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City , its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

3.5 Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve Consultant for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the City from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law.

3.6 Failure by Consultant to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by Consultant. City , at its sole option, may terminate this Agreement and obtain damages from Consultant resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Consultant, City shall deduct from sums due to Consultant any premiums and associated costs advanced or paid by City for such insurance.

If the balance of monies obligated to Consultant pursuant to this Agreement are insufficient to reimburse City for the premiums and any associated costs, Consultant agrees to reimburse City for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by City to take this alternative action shall not relieve Consultant of its obligation to obtain and maintain the insurance coverages required by this Agreement.

3.7 Should any of the required insurance (other than errors and omissions insurance) be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defenses costs be included in such general aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limit specified above.

3.8 City may (but is under no obligation to) secure project-specific insurance, wrap-up insurance, or administer an owner controlled insurance program ("OCIP"), in which case Consultant and its subconsultants shall communicate this fact to their insurance carriers and request that the risk of this project be excluded from their practice policies. Consultant's fees under this Agreement (and the fee of its subconsultants under subconsultant agreements) shall be reduced by the amount of insurance premiums that may be avoided by Consultant and its subconsultants by virtue of the City's obtaining the project-specific insurance, wrap-up insurance or administering an OCIP, and the exclusion of this project from coverage of Consultant's and subconsultants policies. Construction Manager and its subconsultants shall afford City access to their books and records and cooperate with City in verifying the amount of savings realized.

ATTACHED

1. Insurance Coverage Form
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EXHIBIT C
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of Foster City/Estero Municipal Improvement District (CITY) 610 Foster City Boulevard, Foster City, CA 94404
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply)
Insurer Policy
No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85} Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other:

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

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

Professional Liability:

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

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

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

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

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

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

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
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I, ______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

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

ADDRESS:

TELEPHONE: ( ) DATE ISSUED:

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EXHIBIT D
COVID-19 AMENDMENT/ATTACHMENT
(Consulting Agreement Form)
This COVID-19 Amendment/Attachment amends the Agreement between City of Foster City (“City”) and It’s Personnel (“Consultant”) dated July 1, 2022.

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

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

C. A “COVID-19 Proclamation” includes but is not limited to orders, directives and guidance concerning COVID-19 that have been issued, and which may be issued from time to time, by public agencies or regulatory bodies, the CDC or OSHA or Cal/OSHA, including without limitation the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards.

Consultant acknowledges that those orders, directives and guidance may require the Project to shut down or otherwise increase the Consultant’s cost or time of performance by calling for things such as social distancing and the use of personal protective equipment. In the event of conflicting COVID-19 Proclamations, the Consultant shall follow the most applicable, restrictive and newest COVID-19 Proclamations.

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

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

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

3. Compliance with COVID-19 Proclamations.

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

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

4. Delay. The Consultant is entitled to a reasonable time extension for an Unknown COVID-19 Condition. Such time extension is non-compensable.

5. City Directed Suspension. The City may suspend Services due to COVID-19 health concerns, even though the Consultant may be allowed to proceed with the Services based on COVID-19 Proclamations. The City may suspend the Services for its convenience. The Consultant is entitled to a time extension for a City Directed Suspension, and the contract amount will be equitably adjusted if and to the extent Consultant incurs increased costs that are Unknown COVID-19 Costs.

6. Compensation for COVID-19 Costs. City will reimburse the Consultant for Unknown COVID-19 Costs that are not included in the schedule of values.

7. Safe Work Practices. Consultant shall implement safe work practices recommended by CDC or OSHA or Cal/OSHA, which may include, inter alia, screening all employees, subconsultants, or others (“worker(s)”) at all locations where Services are performed for signs and symptoms of COVID-19; adopting staggered work schedules, e.g., providing alternating workdays or extra shifts, to reduce the total number of employees on a site at any given time and to ensure physical distancing; identifying choke points where workers are forced to stand together, such as hallways and elevators, ingress and egress points, break areas, and buses, and implement policies to maintain social distancing; coordinating deliveries in line with the employer's minimal contact and cleaning protocols; and instituting a rigorous housekeeping program to reduce dust levels at all exterior locations. Consultant remains fully responsible for following and complying with changes to recommended safe work practices from time to time.

8. Monitoring and Reporting. City may require the Consultant to actively monitor the health of its workers through temperature checks and questionnaires of major COVID-19 symptoms, including but not limited to cough, fever above 100.4 degrees Fahrenheit and shortness of breath. Consultant shall immediately report to City any outbreaks of COVID-19 among its workers. The Consultant shall not knowingly allow any worker who has tested positive with COVID-19 to enter a City building. In the event of an outbreak or an exposure to COVID-19, the City may impose appropriate mitigation strategies which may be in consultation with the public health officer.

9. Conflicts. In the event of an inconsistency between this COVID-19 Amendment and the Agreement, this Addendum shall control.
[Signatures on Next Page]
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83 Recruitment and HR Support Services
IN WITNESS WHEREOF, the City and Consultant have executed this Covid-19 Amendment as of the date set forth above.

CONSULTANT: CITY:
________________________ ____________________________
Signature Signature
________________________ ______________________________ Rebecca Burnside, Principal Stefan Chatwin, City Manager DocuSign Envelope ID: DD5293D5-3BEE-4B75-B888-1F42F9A51C8F 6.6 Attachment 3 - Agreement
84 DATE: August 21, 2023
TO: President and Members of the Estero Municipal Improvement District (EMID) Board of Directors
VIA: Stefan Chatwin, District Manager
FROM: Andrew Brozyna, Public Works Director
Zaheed Danish, Acting Public Works Maintenance Manager
Frank Schoening, Public Works Maintenance Superintendent DEPARTMENT: Public Works
SUBJECT: SOLE SOURCE PURCHASE OF A 150 KW MOBILE

EMERGENCY GENERATOR FOR A TOTAL AMOUNT OF
$103,237.64 FROM GLOBAL POWER SUPPLY, LLC

RECOMMENDATION
It is recommended that the Estero Municipal Improvement District (EMID) Board of Directors approve the sole source purchase of a 150 KW mobile emergency generator for a total amount of $103,237.64 from Global Power Supply, LLC and authorize District Manager to approve the purchase order.

EXECUTIVE SUMMARY
The Emergency Generator was purchased in 2002 and has exceeded its useful life of 20 years. Repairs have become more difficult due to the age of the generator and some replacement parts have been discontinued. Staff has determined that a new emergency generator is needed. Funding for this purchase is available and budgeted in the Wastewater Division Equipment Replacement Fund Account No. 458-0110-413-4385.

BACKGROUND/ANALYSIS
The emergency generator is used to electrically power the lift stations that convey wastewater throughout the City of Foster City during power outages, preventing sewer

6.7 6.7 Staff Report
85 overflows.

The generator is listed among the assets in the Wastewater Enterprise’s Equipment Replacement Fund and $120,000 has accumulated for this purchase. Funding for the purchase was appropriated as part of the FY 2023-2024 budget.

Global Power Supply, LLC has provided a quote for the generator that is included as Attachment 2 to this report. Global Power Supply has certified that it is the sole authorized dealer in the state of California for the generator with the specifications required by the EMID (Attachment 3). Foster City Municipal Code section 3.04.110 provides that the bidding requirements in the City’s Purchasing Policy may be dispensed with for commodities that can be obtained from only one vendor (i.e., a sole source purchase). This generator has the capacity necessary for EMID’s Wastewater Enterprise. This unit is currently in stock and available for immediate delivery upon authorization of purchase.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Not Applicable

FISCAL IMPACT
Adequate funds have been budgeted and are available in the amount of $103,237.64 for the new 150 KW mobile emergency generator in the FY 2023-2024 Wastewater Enterprise Equipment Replacement Fund, Account No. 458-0110-413-4385.

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

Attachment 1 – Resolution
Attachment 2 – Quote from Global Power Supply, LLC
Attachment 3 – Sole Source letter from Global Power Supply, LLC

6.7 6.7 Staff Report
86 RESOLUTION NO.

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ESTERO MUNICIPAL IMPROVEMENT DISTRICT APPROVING THE SOLE SOURCE PURCHASE OF A 150 KW MOBILE EMERGENCY GENERATOR FOR A TOTAL AMOUNT OF $103,237.64

FROM GLOBAL POWER SUPPLY, LLC

ESTERO MUNICIPAL IMPROVEMENT DISTRICT
WHEREAS, the existing 150 KW emergency generator is twenty (20) years old and in need of replacement; and
WHEREAS, this piece of equipment is imperative for the conveyance of wastewater in the event of a power failure at one or more EMID lift stations; and WHEREAS, the new emergency generator has been determined to have the necessary functionality and quality to meet the City’s standards and needs; and WHEREAS, funding is available and has been appropriated in the Wastewater Enterprise Equipment Replacement Fund (ERF), Account No. 458-0110-413-4385, in FY 2023-2024; and
WHEREAS, Foster City Municipal Code section 3.04.110 provides that the bidding requirements in the City’s Purchasing Policy may be dispensed with for commodities that can be obtained from only one vendor (i.e., a sole source purchase); and WHEREAS, Global Power Supply, LLC has certified that it is the sole source for the specified generator; and
WHEREAS, one sole source (1) quote was obtained for the purchase of the emergency generator by Global Power Supply, LLC. in the amount of $103,237.64.

NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Estero Municipal Improvement District does hereby authorize the expenditure of $103,237.64 from Account No. 458-0110-413-4385 for the sole source purchase of one (1) 150 KW emergency generator from Global Power Supply, LLC.

6.7 Attachment 1 - Resolution
87 PASSED AND ADOPTED as a resolution of the Board of Directors of the Estero Municipal Improvement District at the regular meeting held on the 21st day of August 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

JON FROOMIN, PRESIDENT
ATTEST:
_____________________________________

PRISCILLA SCHAUS, DISTRICT SECRETARY

6.7 Attachment 1 - Resolution
88 Quote
GPSQ1200204

Global Power Supply, LLC 136 W. Canon Perdido St. | Santa Barbara CA 93101 | 805.638.3828 August 07, 2023
V2023.2 CMT-00013
1 Quote # Offer Date FOB Terms
GPSQ1200204 08/07/2023 Origin 50% deposit – balance: 50% Upon completion or readiness to ship Qty Description Unit Price Ext Price
1 Hipower 152 kW HRJW 190
kW: 152
kW Rating: Prime
Condition: New
Year: 2022
Hours: 0
Emissions Tier: 4 Final
Enclosed: Sound Attenuated
Enclosure Material:

Fuel Type: Diesel
Fuel Tank: 130 Gallon
Voltage: Multi-Voltage
Phase: 1 and 3
Power Factor (PF): 1.0 and .8
Engine Model: 6068HFG05
Control Panel Model: COMAP IntelliGen NT
Paralleling: Yes
Trailer: No
Hipower 152 kW HRJW 190
Lead Time: In stock. Ready to ship
Warranty: Standard limited Warranty 2 Years/3500 Hours
$88,533.00 $88,533.00
1 FREIGHT

ESTIMATED FREIGHT
Note:
1) Due to market conditions, we reserve the right to re-evaluate freight costs at time of order shipment. New freight cost may be billed back to the customer
$6,404.67 $6,404.67
Subtotal $94,937.67
Sales Tax $8,299.97
Total $103,237.64
All funds are to be paid in US Dollars
Seller:

Mark Paisley
[email protected]
Phone: (805) 724-0682
Fax: (805) 683-3823
Sold To:

Frank Schoening
City of Foster City/EMID
100 Lincoln Centre Drive
Foster City, CA 94404
Phone: (650) 286-3550
Ship To:

City of Foster City/EMID
100 Lincoln Center Drive
Foster City, CA 94404
Phone: (650) 286-3550

6.7 Attachment 2 - Quote from Global Power Supply, LLC
89 Quote
GPSQ1200204

Global Power Supply, LLC 136 W. Canon Perdido St. | Santa Barbara CA 93101 | 805.638.3828 August 07, 2023
V2023.2 CMT-00013
2 SCHEDULED DELIVERY DATE: Any delay in scheduled delivery date caused by or requested by Buyer shall not change the due date of any payments to Seller. All payments due prior to delivery shall be made prior to scheduled delivery date. In the event Buyer requests or causes a delay in delivery, “net” terms shall commence on the scheduled delivery date. Buyer shall pay all costs associated with the delayed delivery, including but not limited to storage, handling and transportation of the equipment, applicable federal, state, and local taxes and any other costs incurred by Seller in making further attempts to deliver the equipment. Storage charges:

Up to 500 kW - $500/month
501-1000 kW - $750/month
1001-1999 kW - $1000/month
2000 kW and above - $1500/month
All UPS’s, ATS’s and other miscellaneous equipment - $250/month Buyer shall be invoiced on the first day of each month following the scheduled delivery date.

Offer valid for 15 days. Offer subject to the availability of equipment. Equipment subject to prior sale. See attached for additional terms and conditions.

If GPS is responsible for shipping, it is at the discretion of GPS to choose the freight carrier. Buyer shall be responsible for all charges payable on account of Buyer's shipment. GPS is not liable for any loss or damage or for the acts or omissions on the part of the carrier.

GENERATOR DERATES: Unless otherwise stated, QUOTEdoes not include engine/generator derates due to elevation, temperature, fuel or any other non-standard environmental or site conditions. Please consult manufacturer's data sheets for information on derates.

NOTES: 1. Quoted prices includes estimated governmental taxes. If additional taxes or surcharges are applicable, they will be invoiced separately.

2. Estimated freight cost is included. Actual freight charges will be invoiced separately to Buyer. Offloading equipment is the responsibility of Buyer. Title or ownership of the equipment shall not pass to Buyer, notwithstanding delivery thereof, but shall remain vested in Seller until the purchase price of the equipment is paid in full.

3. Startup has not been quoted.

4. This quote is based on the above bill of materials only. No formal specs or single line drawings have been provided.

5. Seismic requirements have not been specified by the Buyer or addressed in this quote.

6. Environmental and emissions requirements have not been specified by the Buyer or addressed in this quote.

7. Installation is not included and will be performed by Buyer.

Please indicate acceptance of this Quotation and the attached Terms and Conditions by signing on the signature line below and returning a copy to the Seller via mail; such as UPS, facsimile, Digital signature, or email is acceptable. _______________________________ __________________________ Signature Date
Frank Schoening

6.7 Attachment 2 - Quote from Global Power Supply, LLC
90 Quote
GPSQ1200204

Global Power Supply, LLC 136 W. Canon Perdido St. | Santa Barbara CA 93101 | 805.638.3828 August 07, 2023
V2023.2 CMT-00013
3 Mark Paisley
[email protected]
(805) 724-0682
+1 4085059680
Global Power Supply, LLC
136 W. Canon Perdido St. Suite 200
Santa Barbara CA 93101
United States
(805) 683-3828

6.7 Attachment 2 - Quote from Global Power Supply, LLC
91 Quote
GPSQ1200204

Global Power Supply, LLC 136 W. Canon Perdido St. | Santa Barbara CA 93101 | 805.638.3828 August 07, 2023
V2023.2 CMT-00013
4 QUOTETERMS AND CONDITIONS

1. The terms and conditions stated herein, together with such terms as are set forth in the attached QUOTE(collectively, the "Offer") with such specifications or other documents as are incorporated by reference, as amended in any subsequent authorized writing from Seller, shall constitute the entire agreement between Global Power Supply LLC ("Seller") and Buyer. Any terms contained in Buyer's purchase order received from Buyer that are in addition to or different from the terms and conditions contained herein are expressly objected to and shall be deemed rejected by Seller, unless expressly accepted in writing by Seller. Except as expressly and specifically permitted herein, in the event that any conflict exists between the provisions of this Offer and terms and conditions set forth in any purchase order, invoice or other type of instrument pertaining to the subject matter thereof, the provisions of this Offer shall govern and control notwithstanding any provision to the contrary that may be contained in any such other instrument. All additional or differing terms from this offer contained in any acceptance or purchase order shall be deemed material alterations and notice of objection to them is hereby given. Acceptance of this Offer must be in writing (including email) by an authorized representative of the Buyer.

2. Unless otherwise specified on the face of the attached OFFER TO SELL, all equipment shall be provided "as is" and" where is" with no warranty of any kind whatsoever (except as to title). It is the responsibility of Buyer to arrange for all aspects of transportation and delivery, including preparation for transportation, associated with the equipment that is the subject matter hereof, all at Buyer's cost and expense.

3. Title and risk of loss shall pass to Buyer at the time Seller gives written notice to Buyer of Buyer's right to possession of the equipment or when the equipment is delivered to Buyer or when Buyer enters on the premises where the equipment is located for the purpose of commencing preparation for transportation.

4. Seller warrants that Buyer shall receive good title to the equipment. It is expressly agreed that this warranty will be in lieu of all warranties of fitness and in lieu of the warranty of merchantability. Seller makes no other warranties, express or implied with regard to the equipment hereunder. The equipment is purchased by Buyer "as is" and Seller makes no warranty of merchantability or fitness for a particular purpose. Any affirmation of fact or promises made by Seller shall not be deemed to create an express warranty that the equipment shall conform to such affirmation or promise. Buyer acknowledges that it alone has determined that the equipment purchased hereunder will suitably meet the requirements of their intended use. Unless an additional warranty is specified by Seller on the face of the attached OFFER TO SELL, this is the sole and exclusive warranty provided by Seller to Buyer. If an additional warranty is so specified, then that warranty is exclusive (except as to title) and in lieu of all other warranties of quality including any warranty of merchantability or fitness for a particular purpose.

5. This Offer (together with all attachments and documents incorporated or referenced herein), shall constitute the complete and exclusive statement of the terms and conditions of the Offer between the parties with respect to the equipment specified herein, and may hereafter be modified, amended or changed only by a written instru- ment executed by the duly authorized representatives of both parties. No course of prior or concurrent dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term or any part of any term leading to this Offer or be binding or of any force or effect.

Seller's failure to strictly enforce any term or condition of this Offer or to exercise any right arising hereunder shall not constitute a waiver of Seller's right to strictly enforce such terms or conditions or exercise such right thereafter. All rights and remedies under this Offer are cumulative and are in addition to any other rights and remedies Seller may have at law or in equity.

6. This Offer shall be governed by the laws of the State of California, without regard to conflict of law principles. Sole and exclusive venue for any disputes arising out of or related to this Agreement shall be the Superior Court of Santa Barbara California. Buyer and Seller each knowingly, waives any right to trial by jury and agrees that any dispute arising out of this Offer shall be decided by court trial without a jury.

7. Privacy Laws and Data Protection. Seller shall follow all applicable data protection, privacy and information security laws (the “Privacy Laws”) in accordance with the laws of the State of California where the Seller resides and agrees it is committed to respecting and protecting the privacy of individuals. Seller acknowledges and agrees that it shall only collect information covered by the Privacy Laws for business related purposes in connection with the specific Goods and Services being provided under this Offer to Sell. Seller shall retain such information only for as long as necessary to fulfill the business-related purposes in connection with the Good and Services being performed hereunder and may disclose such information to third parties only as is necessary to perform its obligations set forth herein or as may be required by applicable Privacy Laws. Seller shall take all appropriate actions to ensure that a third party protects such information that may be disclosed to it in the course of its performance hereunder.

8. Under no circumstances, and in no event, shall Seller be liable in contract or in tort or under any other legal theory for special, punitive, indirect, incidental or consequential losses, or damages of any kind arising in connection with or from any contract

6.7 Attachment 2 - Quote from Global Power Supply, LLC
92 Quote
GPSQ1200204

Global Power Supply, LLC 136 W. Canon Perdido St. | Santa Barbara CA 93101 | 805.638.3828 August 07, 2023
V2023.2 CMT-00013
5 resulting from this Offer by Seller or any action or inaction by Seller in relation to the transaction that is the subject matter of this Offer. Buyer hereby acknowledges and agrees that under no circumstances, and in no event, as a result of breach of contract or in tort or any action or inaction by Seller in relation to the transaction that is the subject matter of this Offer, shall Seller's liability to Buyer exceed a sum equal to the lower of (1) the difference between the purchase price herein and the market value of the equipment; or (2) the cost of replacement or repair of the equipment; or (3) the purchase price of the equipment as set forth on the attached OFFER TO SELL.

9. Unless specified otherwise, on the face of the attached OFFER TO SELL, the terms of payment for the equipment hereunder are net thirty (30) days from date of invoice. Buyer shall be responsible for and agrees to pay for all sales, use, occupation, excise, or other taxes arising out of the sale of the equipment to Buyer in addition to the prices quoted or invoiced. Seller is not responsible for obtaining any permits or licenses relating to the equipment and Seller makes no representation that the equipment will conform to any environmental, noise, or other regulations or laws of any kind whatsoever.

10. Buyer shall, at its own expense, defend, indemnify and hold harmless Seller and its officers, directors, agents, representatives and employees, from any and all claims, liabilities, fines, damages, losses and expenses (including attorneys' fees) of any kind whatsoever, arising out of or resulting in any way, directly or indirectly, from Buyer's preparation for transport of the equipment, transport of the equipment, installation of the equipment, use of the equipment, or any claim for the violation of any applicable local, state or federal law, order or regulation in connection with the equipment purchased hereunder, or from any act or omission of Buyer, its agents, employees or subcontractors, or any other action by Buyer in relation to the equipment.

This indemnity shall apply without regard to whether the claim is based on breach of contract, breach of warranty, negligence, strict liability or other tort. Seller may have to enforce the agreement Buyer made with Seller notwithstanding the Attorneys Fees paragraph that follows, which applies to other claims arising out of the agreement of the parties. This indemnity shall survive delivery and acceptance of the equipment.

11. Attorneys' Fees (California Civil Code section 1717). Should any legal or equitable proceeding be commenced under, concerning or in relation to this Offer, including without limitation to enforce or interpret any provision in this Offer, the prevailing party in such proceeding shall be entitled to recover from the losing party all fees, court costs and expenses of enforcing any right of such prevailing party under or with respect to this Offer, including without limitation, such reasonable fees and expenses of attorneys and accountants, expert witness fees, litigation related expenses, and other costs incurred in such proceeding, which shall include, without limitation, all fees, costs and expenses of any post judgment proceedings to collect or enforce any judgment.

12. Warranty Definitions. For all purposes of this Offer, the following definitions shall apply to the warranty terms set forth on the face page of the attached OFFER TO SELL. This paragraph provides definitions only and does not indicate the existence of any warranty.
a. Commencement of warranty period. The warranty period shall commence at the time title and risk of loss pass to Buyer pursuant to paragraph 3 hereof.
b. Repair or replacement. This means that Buyer's sole and exclusive remedy shall be limited to the repair or replacement, at Seller's option, of any defective part. Replacement is defined as the physical replacement of the part or, at Seller's option, the whole or, at Seller's option, the payment to Buyer of a sum equal to the purchase price of the equipment as specified on the face of the attached QUOTEand Buyer shall return defective part or equipment back to Seller. All repair work shall be performed at a facility designated by Seller. Transportation costs to and from the repair facility shall be paid by Buyer. If this warranty is applicable, Buyer agrees that the remedy of repair or replacement is the sole and exclusive remedy of Buyer.
c. Manufacturer or other vendor pass through. This means that Seller will pass through to Buyer any warranty provided for the equipment by the manufacturer or vendor. Seller will assist Buyer in obtaining information and documentation with respect to said warranty. Buyer agrees that if this warranty is applicable, the sole and exclusive remedy of Buyer is that Buyer will look exclusively to the manufacturer or other vendor for any and all warranty claims. d. Working condition on transfer of possession. This means that at the time Buyer first installs or tests the equipment and for 24 hours thereafter, it will perform its ordinary functions, taking into consideration the age of the equipment. In no event shall the time of installation or test be later than 30 days after the passing of title provided for in paragraph 3 hereof. If this warranty is applicable, Buyer agrees that Buyer's sole and exclusive remedy is the return of the equipment for a full refund of the purchase price.
e. No warranty obligations (except as to title) shall apply to any equipment (1) repaired, modified, or altered without prior approval of Seller; or (2) subject to misuse, abuse, accident, or inadequate maintenance; or (3) based on reasonable wear and tear.

6.7 Attachment 2 - Quote from Global Power Supply, LLC
93 08/08/2023
HIPOWER SYSTEMS Inc.
16600 S. Theden St
Olathe ‐KS 66062
To Whom it may concern:

This letter is to certify that Global Power Supply, LLC is the sole authorized HIMOINSA POWER SYSTEMS Inc. Dealer in the State of California.

Global Power Supply, LLC is authorized to promote, sell, store, handle, and distribute with direct support and technical assistance of HIMOINSA POWER SYSTEMS’ factory located in Olathe‐KS (USA).

If you have any question, please do not hesitate to contact me.

Best Regards,
HIMOINSA POWER SYSTEMS Inc.

Rino Sbriglia
VP of Sales and Client Experience

6.7 Attachment 3 - Sole Source Letter from Global Power Supply, LLC 94 DATE: August 21, 2023
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Sofia Mangalam, Community Development Director
Leslie Carmichael, Consulting Planner
DEPARTMENT: Community Development
SUBJECT: SAFETY ELEMENT UPDATE

RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution (Attachment 1) for adoption of a General Plan Amendment, amending the Local Hazard Mitigation Plan and Safety Element by repealing the existing 2016 Safety Element and adopting the updated 2023 Safety Element and finding the Amendment within the scope of the Certified Final Environmental Impact Report (“EIR”) prepared for the Foster City Housing and Safety Elements Update.

EXECUTIVE SUMMARY
The Safety Element is one of the seven mandatory elements of the City’s General Plan that are required by State law. The principal purpose of the element is the identification of potential risks within the city that pose a threat to the community's welfare, public health, and overall safety and provide a unique set of goals, policies, and implementation actions that address these risks. The existing Safety Element adopted in 2016 was combined with the 2016 Local Hazard Mitigation Plan (LHMP). The Safety Element is coordinated with LHMP as required by federal law. The latest LHMP is the 2021 San Mateo County Multijurisdictional LHMP.

7.1 7.1 Staff Report
95 The City is mandated by Government Code Section 65302(g)(3) to update the Safety Element in conjunction with any Housing Element update, or upon the update of the next Hazard Mitigation Plan. Thus, as part of the 2023-2031 Housing Element Update, the City has completed a draft update of the Safety Element in order to identify public safety risks and create goals to address those risks. Upon adoption, the update of the Safety Element will create a stand-alone Safety Element.

BACKGROUND
Senate Bill (SB) 379, adopted in 2017, requires all cities and counties to update their Safety Elements to include climate adaptation and resiliency strategies upon the next revision to any other element of their general plans. This includes developing a set of goals, policies, and objectives based on a vulnerability assessment to identify those vulnerabilities that are most applicable to the jurisdiction. SB 1035 was built off SB 379, requiring the safety element to be updated every eight (8) years upon the next housing element update.

SB 99 modified Government Code Section 65302(g)(5) to “require the city or county, upon the next revision of the housing element on or after January 1, 2020, to review and update the safety element to include information identifying residential developments in hazard areas that do not have at least two (2) emergency evacuation routes.” Additionally, Assembly Bill (AB) 747 was enacted in 2019 and went into effect on January 1, 2020. It added Section 65302.15 to the Government Code which states: “(a) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2022, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element adopted pursuant to subdivision (g) of Section 65302 shall be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios.” This was modified by AB 1409 (2021) to require identifying evacuation locations as well.

Therefore, as part of the 2023-2031 Housing Element Update, the City has completed a draft update of the Safety Element. Upon adoption by the City Council, the update of the Safety Element will create a stand-alone Safety Element. The Safety Element Update focuses on identifying public safety risks and creating a unique set of goals, policies, and implementation actions that address these risks. The update allows the City to address these conditions by reducing the impacts associated with these hazards or preventing hazardous conditions in the future. It also addresses emergency evacuation in the City and creates policies designed to enhance and streamline the evacuation process during emergency events.

Relationship to LHMP
Foster City is required to have two (2) documents/plans dealing with safety and hazard mitigation:

7.1 7.1 Staff Report
96 • Local Hazard Mitigation Plan (LHMP) – required by the Federal Disaster Mitigation Act of 2000 (which amended the Stafford Act). The LHMP is required to be updated every five (5) years. Having an approved LHMP is a prerequisite to receiving federal disaster grant assistance.
• Safety Element of the General Plan – a mandatory element of the General Plan required by California Government Code Section 65302(g), which also requires an update of the Safety Element to cover certain topics concurrent with any update of the Housing Element.

California Government Code Section 8685.9 (also known as AB 2140) limits California's share of disaster relief funds paid out to local governments to 75 percent of the funds not paid for by federal disaster relief efforts. However, if the jurisdiction has adopted a valid hazard mitigation plan consistent with Disaster Mitigation Act 2000 and has incorporated the hazard mitigation plan into the jurisdiction's General Plan, the State may cover more than 75 percent of the remaining disaster relief costs.

Updating of the LHMP is required by Federal Emergency Management Agency (FEMA) every five (5) years in order for the City to remain eligible for the waiver of local matching fund requirements following a disaster. The requirements of the LHMP and the Safety Element are very similar.

The current Safety Element adopted by the City Council in 2016 is a combined Safety Element/LHMP. For the following update, the City participated in the San Mateo County Multijurisdictional Local Hazard Mitigation Plan (MJLHMP), and on December 13, 2021, the City Council adopted Resolution approving 2021 MJLHMP with Foster City annex.

The MJLHMP consists of Volume 1 – Planning Area-Wide Elements (584 pages), Volumes 2a-2d that include the “Annexes” for each jurisdiction, and Volume 2e containing Appendices. The Annex for Foster City is in Volume 2b.

Airport Land Use Compatibility Plan
An Airport Land Use Compatibility Plan (ALUCP) is the primary document used by an airport land use commission to help promote compatibility between an airport and its surrounding environment. Foster City is located within two (2) ALUCPs, San Francisco International Airport (SFO), and San Carlos Airport. Pursuant to California Public Utilities Code (PUC) Section 21676(b), City staff forwarded the draft Safety Element Update to the City/County Association of Governments (C/CAG), acting as the Airport Land Use Commission, for a determination of consistency with relevant airport/land use compatibility criteria in both San Carlos and SFO ALUCPs.

The draft update of the Safety Element includes a section, “Consistency with Airport Land Use Compatibility Plans”, which references the applicable airport land use compatibility criteria for each ALUCP. Also included is a specific goal to “Minimize risks of potential hazards in the vicinity of SFO and San Carlos Airports”, and an associated implementation action to “Comply with the project referral, airspace protection, real estate

7.1 7.1 Staff Report
97 transaction disclosure and overflight notification policies of the SFO and San Carlos ALUCPs”.

On July 13, 2023, C/CAG Board of Directors approved Resolution 23-67 determining that the Foster City Safety Element Update is consistent with both San Carlos and SFO ALUCPs (Attachment 3).

California Geological Survey Department of the Department of Conservation (CGS) Government Code Section 65302.5(a) requires that the draft amendment to the Safety Element be sent to the California Geological Survey Department of the Department of Conservation (CGS) 45 days prior to adoption. As per the requirement, staff sent the draft of the Safety Element to CGS. On April 27, 2023, staff received recommendation from CGS to include mapping on liquefaction susceptibility from CGS rather than mapping from the United States Geological Survey (USGS). The revised Figure S-3 on page 22 of the draft Safety Element reflects the CGS mapping.

Public Review Draft of Safety Element
The Draft Safety Element was first posted on the Safety Element Update webpage on March 15, 2023, with updates posted on April 19, 2023, May 4, 2023, and May 30, 2023.

Public comments were received from three (3) members of the public and two (2) public agencies, California Office of Emergency Services (CalOES) and California Geological Survey (CGS).

A Planning Commission Study Session was held on May 4, 2023, to present and provide information to members of the public, answer any questions, and/or receive feedback regarding the draft Safety Element. Study Session materials and video are available here.

On July 20, 2023, the Planning Commission considered the Draft Safety Element update at a public hearing. The Planning Commission adopted Resolution P-09-23 ( Attachment 2) with a majority of the Planning Commission (3-0, with 2 absences) recommending City Council approval of the Draft Safety Element Update (link to the meeting materials and video are available here).

ANALYSIS
The Safety Element identifies potential risks within the city that pose a threat to public safety and identifies goals, policies, and strategies to ensure the community's welfare, public health, and overall safety. Recurrent updates to the Safety Element ensure that the goals, policies, and implementation actions remain relevant and responsive to the community's changing needs.

Per California Government Code Section 65302(g)(1), a safety element is for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence (caving in

7.1 7.1 Staff Report
98 or sinking of land area); liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The Safety Element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peak load water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.

The Safety Element is organized to be consistent with the other General Plan Elements.

The goals, policies, and implementation programs provide declarative statements about the City's approach to safety-related issues.

The update of the Safety Element addresses the City’s natural hazards and human activities that may pose a threat to public safety. It is comprised of four (4) main sections, including the following:
(1) Executive Summary – This section incudes discussion on:
(A) Conditions in Foster City and the focus of the Safety Element; (B) Purpose of the Safety Element; and
(C)Moving Forward to describe how the Safety Element, in conjunction with the 2021 San Mateo County Multi-Jurisdictional LHMP, is the best avenue to understand and address natural hazard risks within the community of Foster City.
(2) Introduction – This section includes an overview of the purpose, scope, and element organization; consistency of the Safety Element with other Elements of the General Plan, including Land Use and Circulation, Housing, Parks and Open Space, Noise and Conservation; consistency with the LHMP; consistency with the Airport Land Use Compatibility (ALUC) Plans; and a summary of the regulatory environment, including the legislative framework for California's Safety Elements. (3) Hazards/Trends – This is the most critical of all sections and includes the following subsections:
(A) Emergency Preparedness describes Foster City's Police and Fire services, and hazard prevention and response strategies for Emergency Management and Evacuation. It identifies three (3) goals, with policies and implementation actions (Goals S-1A, 1-B, and 1-C).

As part of the City's preparedness initiatives, an Evacuation Analysis was prepared that identifies the routes used for evacuation purposes. Given the geographical makeup of Foster City and its unique infrastructure, the City already has limited egress and ingress routes, creating potential issues during evacuation scenarios. A map (Figure S-1 SB 99 analysis) depicting potential evacuation routes that could be used during a hazard event is included in the

7.1 7.1 Staff Report
99 document. The map also identifies constrained roadways (single ingress/egress conditions) and parcels that use these roadways (constrained parcels). There are several implementation actions under Goal S-1C (pages 17-18) that are identified so the community can easily evacuate in the event of an emergency.

One of the key actions is to develop an Evacuation Master Plan that identifies routes, potential hazard incidents, and criteria regarding capacity, safety and viability to ensure adequate evacuation capacity and infrastructure is available for existing and new development.
(B) Seismic and Geologic Hazards identifying common seismic hazards, including seismic shaking, liquefaction, and tsunami that threaten Foster City and establishes policies and procedures to reduce the individual and collective risk of these hazards.

A series of maps have been included in the document, including: figure S-2 identifying the locations of these fault systems and the Alquist-Priolo Special Study zones surrounding the City; figure S-3 depicting the areas of the city potentially susceptible to liquefaction; figure S-4 depicting the potential tsunami inundation areas that may impact the City (it should be noted that this 2022 County map reflects hazard areas based on levee heights prior to the Levee Improvements Project). Several key policies and implementation actions are identified under Goal S-2: A Community More Resilient to Seismic and Geologic Hazards (page 25).
(C)Flood Hazards includes discussion on inland flooding, coastal flooding, and dam inundation. This section also includes a goal with policies and implementation actions.

Figure S-6 depicts the potential inundation area associated with the failure of Lower Crystal Springs Reservoir dam. Goals S-3: A Community More Resilient to Inundation Resulting from Flood and Dam Failure identifies key policies and implementation actions (page 30) including requiring mitigation for new developments, redevelopments or major remodels within flood and dam inundation zones to reduce future flooding or address evacuation needs. (D)Urban Fire discusses the possibility of urban fire and potential actions to reduce the impacts of fire, including water supply in order to minimize the loss of life, injuries, and property damage due to fires.

Foster City adopted stringent fire safety regulations for high-rise buildings (75 feet) and mid-rise buildings four or more stories in height (but below 75 feet) before they were required by later codes. The Fire Department annually conducts fire inspections on high-rise buildings to ensure effective risk reduction measures are implemented. Another aspect is availability of adequate water supply for fire suppression needs. As a standard practice, new

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developments and major remodels are required to conduct water pressure/flow testing and mitigate issues if the supply is deemed inadequate in normal and dry years. Goal S-4 Minimize the Loss of Life, Injuries, And Property Damage Due to Fires identifies policies and implementation actions (page 32) including reviewing development proposals for fire safety provisions as required by the most current codes, annual inspections, and maintaining an adequate supply of water for daily use and emergency situations.
(E) Hazardous Material and Waste includes a discussion of human-caused dangers and threat from various hazardous materials and wastes used by businesses, industry, and in homes.

Goal S-5: A Community Protected from Exposure to Hazardous Materials and Wastes identifies policies and implementation actions (page 33), including, restricting the transport of hazardous materials to identified truck routes throughout the City, requiring Commercial and industrial facilities to participate in a hazardous material and waste mitigation and response program. (F) Climate Adaption includes a discussion on the climate effects on Foster City and climate-related hazards such as increasing temperatures, precipitation, sea-level rise, prolonged droughts and wildfire incidents.

Goal S-6: A Community Prepared for Future Climate-Related Impacts, identifies policies and implementation actions (page 36) including collaborating with local, regional, state, and/or federal jurisdictions and agencies on climate resiliency and adaptation strategies and incorporating consideration of sea level rise into the development review and infrastructure planning processes. (4) Emergency Evacuation Assessment: One of the most critical components of this section is assessment of emergency evacuation routes to satisfy the requirements of AB 747 which requires that the Safety Element be reviewed and updated to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. Fehr & Peers completed a general, programmatic assessment of the evacuation routes for the City (Appendix A of the Safety Element).

Fehr & Peers and City staff worked together to identify evacuation scenarios appropriate for analysis in the context of Safety Element. The four highest risk categories for Foster City in the 2021 San Mateo LHMP, in order, are: (1) Sea Level Rise/Climate Change, (2) Flooding, (3) Dam Failure, and (4) Earthquake. For the purposes of the analysis, a flooding event resulting from a failure at the Lower Crystal Springs Dam, was selected as the representative evacuation scenario. This event was selected based on the LHMP and discussions with Foster City’s emergency service providers because it includes several general features that are associated with a range of reasonably foreseeable evacuation scenarios. The assessment included evacuation roadways and capacities and evacuation demand. The assessment also includes strategies to consider for reducing

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evacuation times, including future considerations by the City to create additional roadways and bridges, especially in the southeast parts of Foster City, which is the farthest from the evacuation routes. Another strategy is maintaining an acceptable standard of roadway operations to ensure that the evacuation capacity of the roadway network is not degraded. The assessment also includes supply-side strategies like additional evacuation routes, roadway capacity management etc. and demand-side strategies like limiting the number of evacuation vehicles for City’s future considerations, improved communications and advance disaster alerts, etc.

California Environment Quality Act
A program-level Environmental Impact Report (EIR) was prepared to evaluate the environmental impacts of the Housing and Safety Element Updates Project pursuant to the California Environmental Quality Act (CEQA). The Draft EIR found that the project would result in several potentially significant impacts. On May 22, 2023, the City Council adopted City Resolution No. 2023-48 certifying the Final EIR, adopting environmental findings, adopting a Statement of Overriding Consideration, and adopting standard conditions of approval and mitigation monitoring and reporting program (File No. EA2021- 0004, State Clearinghouse No. 2022010509). No substantive changes were made to Safety Element Update that would result in significant environmental impacts beyond those identified in the certified EIR. Therefore, the project has been determined to be within the scope of and consistent with the certified Final EIR and therefore no addendum or supplement to the EIR are necessary.

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

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

Attachment 1 – Resolution
Attachment 1a - Exhibit A (Last Updated 8-18-2023)
Attachment 2 – Planning Commission Resolution P-09-23
Attachment 3 – ALUC Resolution 23-67
Attachment 4 – Public Comments

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RESOLUTION NO.____________

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

ADOPTION OF A GENERAL PLAN AMENDMENT, AMENDING THE LOCAL HAZARD MITIGATION PLAN AND SAFETY ELEMENT BY REPEALING THE EXISTING 2016 SAFETY ELEMENT AND ADOPTING THE UPDATED 2023 SAFETY ELEMENT AND

FINDING THE AMENDMENT WITHIN THE SCOPE OF THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (“EIR”) PREPARED FOR THE FOSTER CITY HOUSING AND SAFETY ELEMENTS UPDATE - GP2023-0001

CITY OF FOSTER CITY
WHEREAS, the Safety Element is one of the seven mandatory elements of the City’s General Plan that are required by State law; and WHEREAS, the update of the Safety Element focuses on identifying public safety risks and creating a unique set of goals, policies, and implementation actions that address these risks; and
WHEREAS, the update of the Safety Element also addresses emergency evacuation in the City and creates policies designed to enhance and streamline the evacuation process during emergency events; and
WHEREAS, Senate Bill (SB) 1035 requires jurisdictions to review their Safety Element at least every eight years and revise it as necessary to address climate change and resiliency strategies; and
WHEREAS, SB 99 requires jurisdictions to review their Safety Element concurrently with the update to the City’s Housing Element and revise it as necessary to identify residential developments in any hazard area identified in the Safety Element that do not have at least two emergency evacuation routes; and WHEREAS, the City of Foster City has prepared the maps required under SB 99 as well as supplemental text for the Safety Element to summarize the implications of the mapped data for land use and emergency preparedness planning; and WHEREAS, Assembly Bill (AB) 747 requires jurisdictions to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios; and WHEREAS, the City has prepared an update to the Safety Element pursuant to the requirements of SB 1035, SB 99, and AB 747; and
WHEREAS, Pursuant to California Public Utilities Code (PUC) Section 21676(b), the draft Safety Element was referred to C/CAG, acting as the Airport Land Use Commission, for a determination of consistency with relevant airport/land use

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compatibility criteria in both San Carlos and SFO Airport Land Use Compatibility Plans; and
WHEREAS, the existing Safety Element adopted in 2016 was combined with the Local Hazard Mitigation Plan (LHMP) through City Council Resolution No. 2016-85 (GP15-001); and WHEREAS, on December 13, 2021, the City Council adopted Resolution No. 2021-176 approving 2021 San Mateo County Multijurisdictional Local Hazard Mitigation Plan (MJLHMP) with Foster City annex; and
WHEREAS, the update of the Safety Element was completed concurrently as part of the Housing Element for 2023-2031 and will be a stand-alone Safety Element upon adoption; and
WHEREAS, a program-level Environmental Impact Report (EIR) was prepared to evaluate the environmental impacts of the Housing and Safety Element Updates Project pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, the Final EIR, Statement of Overriding Consideration, and all associated analysis was certified on May 22, 2023 through City Council Resolution No. 2023-48 (File No. EA2021-0004, State Clearinghouse No. 2022010509); and WHEREAS, the draft update of the Safety Element was publicly made available on March 15, 2023 and a total of four written comments were received from members of the public and two comments were received from public agencies; and WHEREAS, pursuant to Government Code section 65302(g)(8), the draft update of the Safety Element was made available for review to the California Geological Survey of the Department of Conservation (CGS) and the Office of Emergency Services as well as the state Board of Forestry and Fire Protection; and WHEREAS, all comments received, including comments received from CGS, were considered in the preparation of the draft update of the Safety Element and responses, including a description of any edits to subsequent drafts, are contained in Attachment 4 to the Staff Report accompanying this agenda item; and WHEREAS, pursuant to California Public Utilities Code (PUC) Section 21676(b), the draft update of the Safety Element Update was referred to C/CAG, acting as the San Mateo County Airport Land Use Commission (ALUC), for a determination of consistency with relevant airport/land use compatibility criteria in the Comprehensive Airport Land Use Compatibility Plan for the environs of both San Carlos and San Francisco airports; and WHEREAS, on June 22, 2023, ALUC recommended to C/CAG Board of Directors to determine the update of the Foster City Safety Element to be consistent with the applicable airport/land use policies; and

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WHEREAS, on July 13, 2023, C/CAG Board of Directors approved Resolution 23- 67 determining that the Foster City Safety Element Update is consistent with the applicable airport/land use policies; and
WHEREAS, as provided in Government Code Section 65353, the Planning Commission shall hold at least one public hearing before approving a recommendation on the adoption or amendment of a general plan; and
WHEREAS, on July 20, 2023, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution regarding draft Safety Element, and after conducting the public hearing, adopted Resolution No. P-09-23 with a majority of the Planning Commission (3-0, with two absences) recommending City Council approval of the Draft Safety Element Update; and WHEREAS, on August 9, 2023, a public hearing notice was published posted in three public places, and mailed pursuant to California Code Section 65090 for the City Council public hearing on August 21, 2023; and
WHEREAS, the update of the Safety Element, labeled as Exhibit A, attached hereto and made a part hereof; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on substantial evidence in the record:

1. The foregoing recitals are true and correct and are incorporated by reference into this action.

2. The proposed General Plan Amendment to amend the 2016 Local Hazard Mitigation Plan and Safety Element to repeal the existing 2016 Safety Element and adopt the updated 2023 Safety Element conforms to the provisions and standards of the General Plan in that the proposed amendments are internally consistent with all other provisions of the General Plan and do not conflict with any of the previously adopted goals, policies or programs of the General Plan.

3. The proposed amendments are necessary to implement the goals and policies of the General Plan by identifying public safety risks and creating a unique set of goals, policies, and implementation actions that address these risks, including but not limited to natural hazards and emergency evacuation.

4. The proposed General Plan Amendment complies with, and is required by, applicable State law, including Government Code Section 65302(g).

5. The proposed amendments will not be detrimental to the public interest, convenience, and general welfare of the City.

BE IT FURTHER RESOLVED, the City, as lead agency under CEQA, has certified the Foster City Housing and Safety Elements Update EIR for the Housing and Safety Elements Update by adoption of City Resolution No. 2023-48 on May 22, 2023, including CEQA findings, a Statement of Overriding Considerations, and a Standard Conditions of

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Approval Mitigation Monitoring and Reporting Program. The City, as lead agency, has determined that the update of the Safety Element does not include substantive changes that would result in new or more impacts than those identified, analyzed, and adopted as part of the “project” and is within the scope of and consistent with the Final EIR certified by City Council through Resolution No. 2023-48. Therefore, the update of the Safety Element has been determined to be within the scope of and consistent with the certified Final EIR and therefore no addendum or supplement to the EIR are necessary.

BE IT FURTHER RESOLVED that the City Council of the City of Foster City hereby adopts a General Plan Amendment, amending the Local Hazard Mitigation Plan and Safety Element by repealing the existing 2016 Safety Element and adopting the updated 2023 Safety Element as set forth in Exhibit A, attached hereto.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

JON FROOMIN, MAYOR
ATTEST:

PRISCILLA SCHAUS, CITY CLERK

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Exhibit A
Safety Element Update 2023

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GENERAL PLAN

SAFETY ELEMENT
This Safety Element incorporates the 2021 San Mateo County Multi-Jurisdictional Hazard Mitigation Plan. The Foster City Annex within this plan was adopted by the City on December 13, 2021. Information from the LHMP provides the basis for the local hazards, vulnerabilities, noise, and emergency preparedness discussions, goals, and policies within this element.

ADOPTED BY CITY COUNCIL ON

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CITY OF FOSTER CITY

SAFETY ELEMENT
REVISED 2023

CITY COUNCIL
Jon Froomin, Mayor
Patrick Sullivan, Vice Mayor
Sam Hindi
Stacy Jimenez
Art Kiesel
Stefan Chatwin, City/District Manager
Marlene Subhashini, Assistant City Manager

COMMUNITY DEVELOPMENT
Sofia Mangalam, Community Development
Director
Thai-Chau Le, Planning Manager

PLANNING COMMISSION
Ravi Jagtiani, Chair
Nicolas Haddad, Vice-Chair
Charlie Bronitsky
Phoebe Venkat
Robert Pedro

SAN MATEO CONSOLIDATED FIRE

DEPARTMENT
Kent Thrasher, Fire Chief
Jim Yoke, Emergency Services Manager

POLICE DEPARTMENT
Tracy Avelar, Chief of Police
Martin Ticas, Captain

CONSULTANTS
Urban Planning Partners
Atlas Planning Solutions
Fehr & Peers

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TABLE OF CONTENTS
EXECUTIVE SUMMARY .............................................................................1 A. Conditions in Foster City and Focus of the Safety Element...........................................1 B. Purpose of Safety Element.............................................................................................2 C. Moving Forward..............................................................................................................2 INTRODUCTION..........................................................................................3 A. Purpose..........................................................................................................................3 B. Scope .............................................................................................................................3 C. Element Organization.....................................................................................................3 D. Consistency with Other Elements ..................................................................................4 E. Consistency with Local Hazard Mitigation Plan..............................................................5 F. Regulatory Environment.................................................................................................5 HAZARDS / TRENDS ................................................................................11 A. Emergency Preparedness............................................................................................11 B. Seismic and Geologic Hazards ....................................................................................17 C. Flood Hazards..............................................................................................................24 D. Urban Fire ....................................................................................................................29 E. Hazardous Materials and Waste ..................................................................................30 F. Climate Adaptation.......................................................................................................32 APPENDIX.................................................................................................36 A. AB 747 Emergency Evacuation Assessment...............................................................36

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EXECUTIVE SUMMARY
A. CONDITIONS IN FOSTER CITY AND FOCUS OF THE

SAFETY ELEMENT
The City of Foster City is located in San Mateo County, California. Incorporated in 1971, the City is situated on the eastern shoreline of the San Francisco Peninsula
between San Francisco and San Jose, east of U.S. 101.

Originally designed as a "Planned Community" that is
home to over 33,000 residents, the City has a character defined by nine residential neighborhoods supported by
commercial centers and light industrial uses. Foster City covers approximately 20 sq. miles, of which 4 sq. miles include existing land and reclaimed marshland. The
remaining area is comprised primarily of waters of the
San Francisco Bay and Belmont Sloughs. With an elevation of approximately 7 ft above sea level, the city relies on a system of levees and sea walls to manage tidal and flood waters from both the Bay (east of the City) and Peninsula (west of the City).

The City faces several challenges to overall community safety, including seismic hazards, sea level rise, flooding (including dam inundation), climate change (extreme heat, drought), urban fires, and hazardous materials release. Since incorporation, the city has experienced several of these types of events. Looking into the future, several of these hazards could be further exacerbated by changing climatic conditions due to increased temperatures and changing precipitation patterns.

The Safety Element focuses on identifying public safety risks and creating a unique set of goals, policies, and implementation actions that address these risks. The Safety Element allows the City to address these conditions by reducing the impacts associated with these hazards or preventing hazardous conditions in the future. The Safety Element also addresses emergency evacuation in the City and creates policies designed to enhance and streamline the evacuation process during emergency events. This Safety Element is one component of the Foster City General Plan, which, once adopted, strives to align itself with other elements, as required by the California Government Code, including (1) Land Use and Circulation Element, (2) Housing Element, (3) Parks and Open Space Element, (4) Noise Element, and the (5) Conservation Element.

Foster City aerial view

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B. PURPOSE OF SAFETY ELEMENT
The Safety Element is one of seven mandatory elements of the General Plan. The principal purpose of the element is the identification of potential risks within the city that pose a threat to the community's welfare, public health, and overall safety. Recurrent updates to the Safety Element ensure that the goals, policies, and implementation actions remain relevant and responsive to the community's changing needs. Table S-1 displays the California Government Code Section 65302(g)(1) requirements, which includes a list of safety concerns that should be examined in each Safety Element.

Table–S-1: Required Safety Element Hazards (CA Gov Code Section 65302(g)(1)) Hazard Topic Location in the Element
Seismically Induced Surface Rupture Not a significant hazard for Foster City Ground Shaking* Page 16-17 (Seismic Shaking)
Ground Failure* Page 17
Subsidence Not a significant hazard for Foster City
Liquefaction
(areas with shallow groundwater [<50 feet]) * Page 17
Slope Instability leading to
Mudslides and Landslides Not a significant hazard for Foster City Other Geologic Hazards
known to the legislative body Not a significant hazard for Foster City Flooding* Page 23
Tsunami* Page 20
Seiche Not a significant hazard for Foster City
Dam Failure* Pages 24, 26
Wildland Fires Not a significant hazard for Foster City Urban Fires* Page 28
Climate Change* Pages 31-32
Evacuation* Appendix A
Other Seismic Hazards identified under Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code
Hazards denoted by an (*) are potential hazards relevant to Foster City.

Each Safety Element must also geographically identify each hazard's risk location and potential extent using a map. The hazards mapped in this element include flooding, dam inundation, seismic/ geologic hazards, and evacuation.

C.MOVING FORWARD
The City reaffirms the importance of protecting the community from potential natural hazard risks.

The City's location and history with hazards make it likely that Foster City will experience risks from flooding, seismic, and geologic events in the future. Foster City can also expect some of these risks to be exacerbated as climate change accelerates. The Safety Element, in conjunction with the 2021 San Mateo County Multi-Jurisdictional Local Hazard Mitigation Plan, is the best avenue to understand and address natural hazard risks within the community of Foster City.

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INTRODUCTION
A. PURPOSE
Foster City takes great pride in its responsibility to safeguard the well-being of its community members. Among other things, this includes adequately anticipating potential emergencies caused by natural and human-caused hazards and planning response strategies in the event of emergencies and disasters. This element provides the necessary context to understand the hazards that threaten the community and outlines policies and practices that take tangible steps toward ensuring the community's continued prosperity.

B. SCOPE
The Foster City Safety Element addresses the relevant planning hazards mandated by California Government Code Section 65302(g). Under state planning law, this element identifies and discusses the following hazards as they relate to the City:
• Seismic and geologic hazards such as seismic shaking, liquefaction, seiche, and tsunamis • Urban fire hazards
• Flood hazards, including dam inundation
• Climate adaptation and resiliency strategies (addressing extreme weather and drought) The element also identifies and addresses the following safety issues, as required by law:
• Disaster and emergency preparedness, including evacuation • Hazardous materials and waste
C.ELEMENT ORGANIZATION
This element is organized to be consistent with the other General Plan Elements. The goals, policies, and implementation programs provide declarative statements about the City's approach to safety-related issues. A definition of these key terms is provided below:

Goal: A general statement of the desired community outcome. It is denoted as Goal S-X in this element.

Policy: Policies are actions a community will undertake to meet its goals. They are denoted as Policy S-X.X in this element.

Implementation Action/Programs: A list of recommended programs and future actions necessary to achieve the declared element goals and policies.

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Many of the previous elements' policies have been incorporated into this element either as a new policy or an implementation action. Some previous goals and policies have been modified from the previous text language to ensure new goals, policies, and implementation actions meet City needs and best practice standards. Together, this element's goals, policies, and implementation actions/programs provide a framework for decision-making that promotes greater safety and resilience for the Foster City community.

D.CONSISTENCY WITH OTHER ELEMENTS
Integrating safety considerations throughout the General Plan creates a consistent framework that prioritizes the community's well-being. The Foster City Safety Element is an essential component of the General Plan and works in tandem with other elements to guide these efforts.

Land Use and Circulation
The Land Use and Circulation Element focuses on past, present, and future development issues affecting Foster City. The element guides the layout of the City's development patterns and transportation infrastructure that existing and proposed developments will rely upon.

Understanding the natural and human-caused hazards that threaten a community can help reduce the possibility of disaster by avoiding the designation of sensitive land uses in hazardprone areas. Several goals within the element focus on protecting and enhancing the community as part of the development and entitlement process. The circulation portions of the element identify enhancements to the transportation network to accommodate future traffic. Addressing these conditions may ensure adequate capacity during future evacuation events. Key policies that may address safety element issues include LUC D-11, LUC H-5a, LUC-L-10, and LUC-L-11.

Housing
The Housing Element is more closely associated with land use and incorporates many safety considerations into its goals and objectives. Building practices and codes addressed in the Housing Element contribute to community safety by improving the built environment's resiliency to natural and human-caused hazards. Additionally, the Housing Element can help identify vulnerable populations and inform the Safety Element to ensure proper protections are in place.

Parks and Open Space
The Parks and Open Space Element addresses the preservation of parks and open space within the City. By design, the open space areas of the City are primarily park spaces, which are intended to enhance residents' quality of life. With 429.4 acres for recreation (156 parklands, 212 waterways, 46.4 walkways/pedways, and 15 acres of satellite facilities from local schools), parks and open space play a key role in the community and provide valuable services to visitors and residents.

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Noise
The Noise Element seeks to limit the community's exposure to excessive noise levels by identifying sources and acceptable thresholds for noise and establishing policies to ensure compatibility between land uses and the community's noise environment. It also provides a basis for comprehensive local programs to control and abate environmental noise and protect residents from excessive exposure.

Conservation
The Conservation Element addresses preserving and conserving natural resources in Foster City.

In accordance with the City's vision, this element aims to (1) Preserve and Improve the Quality of Life within Existing Neighborhoods, (2) Assure the Proper Development of Undeveloped Property, and (3) Assure that Redevelopment of Developed or Underutilized Property Occurs in an Appropriate Manner. The key issues discussed in this element include human life-sustaining elements, wildlife habitat, and the recycling of renewable resources.

E. CONSISTENCY WITH LOCAL HAZARD MITIGATION
PLAN
The 2021 San Mateo County Multi-jurisdictional Local Hazard Mitigation Plan (MJHMP) serves three primary purposes: 1) it provides a comprehensive analysis of the natural and human-caused hazards that threaten the City, with a focus on mitigation; 2) it keeps Foster City eligible to receive additional federal and state funding to assist with emergency response and recovery, as permitted by the federal Disaster Mitigation Act (DMA) of 2000 and California Government Code Sections 8685.9 and 65302.6; and 3) it complements the efforts undertaken by the Safety Element. The San Mateo County MJHMP complies with all requirements set forth under the federal Disaster Mitigation Act of 2000 and received approval from the Federal Emergency Management Agency (FEMA) in 2021. Sections of the Safety Element are supplemented by the MJHMP, which is incorporated by reference in this element, as allowed by California Government Code Section 65302(g). To access the MJHMP, visit the City's website, Foster City's Local Hazard Mitigation Plan and Maps.

F. CONSISTENCY WITH AIRPORT LAND USE

COMPATIBILITY PLANS
An Airport Land Use Compatibility Plan (ALUCP) is the primary document used by an airport land use commission to help promote compatibility between an airport and its surrounding environment. An ALUCP acts as a guide for the airport land use commission and local jurisdictions in safeguarding the general welfare of the public as the airport and the area surrounding the airport grows.

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Airport planning boundaries define where height, noise, hazards, and safety standards, policies, and criteria are applied to certain proposed land use policy actions. ALUCP height standards for determining obstructions to air navigation are defined in Federal Aviation Regulations (FAR) Part 77, Objections Affecting Navigable Airspace. The FAR Part 77 criteria limit the location and height of structures both on and off airport property. The criteria are intended to prevent buildings and other objects from penetrating the airspace required for safe aircraft takeoffs and landings.

Foster City is located within two ALUCPs, as described below.

Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport.

This ALUCP identifies portions of Foster City within Airport Influence Areas A and B. As described in the ALUCP, for Area A, a real estate disclosure is required. For areas of the city within Area B the Airport Land Use Commission (the C/CAG Board) would exercise its statutory duties to review proposed land use policy actions, including land development proposals. The real estate disclosure requirements would also be required.

The ALUCP also identifies a number of airspace protection policies to protect the navigable airspace around the airport for the safe and efficient operation of aircraft in flight that are applicable to Foster City:
• Policy AP-1 requires jurisdictions to notify sponsors of proposed projects to file Form 7460-1 with the Federal Aviation Administration (FAA) for any proposed project that may exceed the FAA notification height. Policy AP-1 also requires the local jurisdiction to consider FAA determination study findings as part of its review and decision on a proposed project.
• Policy AP-2 requires project sponsors to comply with the findings of FAA aeronautical studies with respect to any recommended alteration in building design, height, and marking and lighting to be consistent with the ALUCP.
• Policy AP-3 requires proposed projects to comply with structure height provisions outlined in the ALUCP including the critical aeronautical surfaces map and the heights determined by the FAA.
• Policy AP-4 requires proposed projects to undergo review for compatibility with other flight hazards as outlined in the policy, including but not limited to, sources of glare, dust, smoke, electrical interference, etc.

Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport.

This ALUCP identifies the entirety of Foster City as within one of two airport influence areas (AIAs) - Area A or Area B. Applicable policy requirements for projects located within these areas are described below:

Airport Influence Area Policy 1 – Real Estate Disclosure Area. Within Area A of the AIA the real estate disclosure requirements of state law apply. Section 11010 (b) (13) of the Business and

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Professions Code requires people offering subdivided property for sale or lease to disclose the presence of all existing and planned airports within two miles of the property. The law requires that, if the property is within an “airport influence area” designated by an airport land use commission, the following statement must be included in the notice of intention to offer the property for sale:

Airport Influence Area Policy 2 – Policy/Project Referral Area. Within Area B of the AIA, the C/CAG Board shall exercise its statutory duties to review proposed land use policy actions, including new general plans, specific plans, zoning ordinances, plan amendments and rezonings, and land development proposals. The real estate disclosure requirements in Area A also apply in Area B. For the purposes of this policy, parcels along the edge of the Area B Boundary that are split by the boundary shall be considered as fully within Area B.

This ALUCP also identifies overflight policies for the San Carlos Airport. The overflight policies were recently amended and would be applicable to the project. The following is a description of the policy requirement:

Overflight Policy 2 – Overflight Notification Zone 2. All new residential development projects, other than additions and accessory dwelling units (ADUs), within the Overflight Notification Zone 2 shall incorporate a recorded overflight notification requirement as a condition of approval to provide a permanent form of overflight notification to all future property owners. The following statement must be included in the notice:

The ALUCP also identifies a number of airspace protection policies to protect the navigable airspace around the airport for the safe and efficient operation of aircraft in flight that are applicable to Foster City:
• Airspace Protection Policy 1 requires local jurisdictions to notify the FAA of proposals related to the construction of potentially hazardous structures and to evaluate proposed projects in accordance with the airspace protection policies identified in the ALUCP. • Airspace Protection Policy 2 requires jurisdictions to notify sponsors of proposed projects to file Form 7460-1 with the FAA for any proposed project that may exceed the FAA notification height.
• Airspace Protection Policy 3 requires proposed project sponsors to comply with the findings of FAA aeronautical studies with respect to any recommended alterations in the building design and height and any recommended marking or lighting within the property project.
• Airspace Protection Policy 4 sets forth criteria for determining the acceptability of a project with respect to height.
• Airspace Protection Policy 5 requires projects to be compatible with the maximum building height as outlined in the policy.
• Airspace Protection Policy 6 requires proposed projects to undergo review for compatibility with other flight hazards as outlined in the policy, including but not limited to, sources of glare, dust, smoke, electrical interference, etc.

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G.REGULATORY ENVIRONMENT
California Government Code 65302(g)(1)
California Government Code Section 65302(g)(1) establishes the legislative framework for California's safety elements. This framework consolidates the requirements from relevant federal and state agencies, ensuring that all cities comply with the numerous statutory mandates. These mandates include:
 As applicable, protect against significant risks related to earthquakes, tsunamis, seiches, dam failure, landslides, subsidence, flooding, and fires.  Including maps of known seismic and other geologic hazards.  Where applicable, address evacuation routes, military installations, peak-load water supply requirements, and minimum road widths and clearances around structures related to fire and geologic hazards.
 Identifying areas subject to flooding and wildfires.
 Avoid locating critical facilities within areas of high risk.  Assessing the community's vulnerability to climate change.  Include adaptation and resilience goals, policies, objectives, and implementation measures.

California Government Code Sections 8685.9 and 65302.6
California Government Code Section 8685.9 (also known as Assembly Bill 2140 or AB 2140) limits California's share of disaster relief funds paid out to local governments to 75 percent of the funds not paid for by federal disaster relief efforts. However, if the jurisdiction has adopted a valid hazard mitigation plan consistent with DMA 2000 and has incorporated the hazard mitigation plan into the jurisdiction's General Plan, the State may cover more than 75 percent of the remaining disaster relief costs. All cities and counties in California must prepare a General Plan, including a Safety Element that addresses various hazard conditions and other public safety issues. The Safety Element may be a standalone chapter or incorporated into another section as the community wishes. California Government Code Section 65302.6 indicates that a community may adopt an LHMP into its Safety Element as long as the LHMP meets applicable state requirements.

This allows communities to use the LHMP to satisfy state requirements for Safety Elements. As the General Plan is an overarching long-term plan for community growth and development, incorporating the MJHMP into it creates a stronger mechanism for implementing the MJHMP.

The 2021 San Mateo County MJHMP and the Foster City Annex to this plan have been incorporated by reference in the Safety Element.

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California Government Code 65302(g)(3) adopted through SB 1241 (2012) California Government Code Section 65302(g)(3) requires the Safety Element to identify and update mapping, information, goals, and policies to address wildfire hazards. As part of this requirement, any jurisdiction that includes State Responsibility Areas or Very High Fire Hazard Severity Zones in the Local Responsibility Areas (LRA), as defined by the California Board of Forestry and Fire Protection (Board), is required to transmit the updated element to the Board for review and approval. Foster City does not have Very High Fire Hazard Severity Zones within the City limits and is not required to comply with these requirements.

California Government Code 65302(g)(4) adopted through SB 379 (2015) California Government Code Section 65302(g)(4) requires the Safety Element to address potential impacts of climate change and develop potential strategies to adapt/mitigate these hazards. Analysis of these potential effects should rely on a jurisdiction's Local Hazard Mitigation Plan or an analysis that includes data and analysis from the State of California's Cal-Adapt website.

California Government Code 65302(g)(5) adopted through SB 99 (2019) California Government Code Section 65302(g)(5) requires the Safety Element to identify evacuation constraints associated with residential developments, specifically focused on areas served by a single roadway.

California Government Code 65302.15(a) adopted through AB 747 (2020) and AB 1409 (2021)
California Government Code 65302.15(a) requires upon the next revision of a Local Hazard Mitigation Plan on or after January 1, 2022, or beginning on or before January 1, 2022, if a local jurisdiction has not adopted a local hazard mitigation plan, the safety element to be reviewed and updated as necessary to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios. The bill would authorize a city or county that has adopted a local hazard mitigation plan, emergency operations plan, or other document that fulfills commensurate goals and objectives to use that information in the safety element to comply with this requirement by summarizing and incorporating by reference that other plan or document in the safety element.

To comply with this requirement, the City has prepared the Foster City AB 747 Emergency Evacuation Assessment (Appendix A).

National Flood Insurance Program
The National Flood Insurance Program (NFIP) was created in 1968 to help communities adopt more effective floodplain management programs and regulations. The Federal Emergency Management Agency is responsible for implementing the NFIP and approves the floodplain management plans for participating cities and counties. Foster City participates in the NFIP and

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uses Chapter 15.36 Floodplain Management Regulations of the Foster City Municipal Code to administer flood/stormwater management regulations throughout the City.

Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act (California Public Resources Code [PRC], Chapter 7.5, Section 2621-2699.6) was intended to reduce the risks associated with surface faults and requires that the designated State Geologist identify and map "Earthquake Fault Zones" around known active faults. Per PRC Section 2623 a, cities and counties shall require a geologic report defining and delineating any hazard of surface fault rupture before the approval of a project.

If the jurisdiction finds no undue hazard of that kind exists, the geologic report on the hazard may be waived with the State Geologist's approval. For a list of project types, please refer to PRC Section 2621.6.

Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (California Public Resources Code, Chapter 7.8, Section 2690-2699.6) created a statewide seismic hazard mapping and technical advisory program in 1990 to help cities and counties more effectively address the effects of geologic and seismic hazards caused by earthquakes. Under PRC 2697, cities and counties shall require a geotechnical report defining and delineating any seismic hazard before approving a project located in a seismic hazard zone. If the jurisdiction finds that no undue hazard of this kind exists based on information resulting from studies conducted on sites near the project and of similar soil composition to the project site, the geotechnical report may be waived. After a report has been approved or a waiver granted, subsequent geotechnical reports shall not be required, provided that new geologic datum, or data, warranting further investigation is not recorded. Each jurisdiction shall submit one copy of each approved geotechnical report, including the mitigation measures to be taken, if any, to the State Geologist within 30 days of its approval of the report.

For a list of project types, please refer to PRC Section 2693.

Cortese List
Government Code Section 65962.5 (typically referred to as the "Cortese List") identifies sites that require additional oversight during the local permitting process as well as compliance with the California Environmental Quality Act (CEQA). The list is generally a compilation of properties and businesses that generate, store, and/or have been impacted by the presence of hazardous materials/wastes. Many properties identified on this list may be undergoing corrective action, clean up, or abandoned and in need of these activities. The City regularly checks federal and state agencies that maintain this list to verify any locations within the City that contain these sites.

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HAZARDS / TRENDS
A. EMERGENCY PREPAREDNESS
The ability to anticipate, evaluate, and mitigate potential risks posed by natural and humancaused hazards is paramount to a City's longevity. Although this element specifically addresses natural and human-caused hazards, emergency preparedness involves many more considerations beyond identifying the hazards themselves. The Emergency Preparedness section consolidates and briefly describes Foster City's hazard prevention and response strategies.

Police Services
The Foster City Police
Department (FCPD) is
responsible for public safety
and law enforcement within the
City. The organizational
structure of the FCPD was
designed to create the most
efficient system to accomplish
its goals and mission while
providing the best possible
level of service to the public it
serves. The FCPD is split into two divisions, the Administrative Division and the Patrol Division, each of which is commanded by a Captain, which in turn is overseen, administered, and managed by the Foster City Chief of Police.

Fire Services
Fire services and protection are provided by
the San Mateo Consolidated Fire
Department (SMCFD), which proudly serves
the communities of Foster City, Belmont, and
San Mateo. The Department is responsible
for protecting people, property, and the
environment from fire and hazardous
materials exposure; providing emergency
medical care; offering programs preparing
citizens for emergencies; and providing nonFoster City Police Department and Officers San Mateo Consolidated Fire Department Station No. 28 and Engine.

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emergency services, including fire prevention, emergency preparedness, and other valuable services.

Emergency Management
Emergency Management is also provided by the Fire Department, which includes the Office of Emergency Services and the CERT Program. The Fire Department manages and maintains emergency plans and trains City staff and community members. The Fire Chief and City Manager coordinate planning, training, and preparation for response to major emergencies or natural disasters. The SMCFD also coordinates the volunteer-composed Community Emergency Response Team (CERT). CERT training educates the public about disaster preparedness for hazards that can impact their city, workplace, and neighborhoods and trains them in basic disaster response skills.

Preparedness (Emergency Operations Plan)
The Emergency Operations Plan (EOP) is primarily responsible for informing Foster City's emergency management strategies. These strategies are typically organized under four categories: mitigation, preparedness, response, and recovery. Preparedness activities focus on ensuring City Departments are adequately trained and prepared for future hazard events. A key element of preparedness is ensuring the
City's Emergency Operations Center (EOC)
is adequately supplied and staffed by trained
personnel in the event of an emergency.

Response
Emergency response activities typically
focus on actions necessary to save lives and
prevent further property damage during an
emergency/disaster. Many of these activities
are conducted in tandem with the Foster City
Police Department and the San Mateo
Consolidated Fire Department's standard
emergency response procedures. To guide response activities, the City will rely on the EOP and work closely with organizations such as CERT, which helps orchestrate internal and external communications, logistics, and assistance during large-scale emergencies. If City resources become overwhelmed, the City will request support through the Operational Area using automatic aid and mutual aid agreements currently in place. However, the City recognizes that mutual aid resources depend on availability and may be limited during a large regional incident. Therefore, consideration for strengthening self-sufficiency is a priority.

Foster City Police Department and the San Mateo
Consolidated Fire Department working as a cohesive unit to offer aid to citizens in response after an automobile accident.

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Recovery
Recovery activities typically occur after an emergency/disaster event. These activities focus on reestablishing services to any impacted areas, repairing and/or reconstructing damaged buildings and infrastructure, and aiding residents and businesses with permitting and approvals of building plans as part of the reconstruction process. Depending on the scale and type of incident, recovery could occur in specific community locations and/or require specialized expertise to address the issues created. Cleanup of
hazardous wastes shall be considered part of the recovery process from a major disaster event (fire, flood,
earthquake, tsunami) and is generally handled by the
SMCFD.

Mitigation
The EOP, in conjunction with the San Mateo County MJHMP, identifies and assesses the natural and human-caused hazards that threaten the City and recommends proactive policy and procedural actions that reduce the risks associated with these hazards. This preemptive planning is intended to decrease the probability of emergency situations and minimize the effects should one occur. Examples of hazard mitigation and prevention can be found in many city policies, but they are most prominently displayed in the numerous codes regulating construction and development in high-hazard areas.

Evacuation
As part of the City's preparedness initiatives, an Evacuation Analysis has been prepared that identifies the routes used for evacuation purposes. Given the geographical makeup of Foster City (considered an island according to the Land Use Element) and its unique infrastructure, the City already has limited egress and ingress routes, creating potential issues during evacuation scenarios. Figure S-1 depicts the potential evacuation routes that could be used during a hazard event. These roadways are intended to meet evacuation needs; however, the City recognizes that some constraints may affect evacuation, namely the narrow roadways and bridges that allow access to many parts of the City, including many island neighborhoods bordering the lagoon.

These locations may be vulnerable if failure or blockage occurs. Should any of these connections become compromised, a major portion of the City could become cut off, and traffic would need to be re-routed around the potential constraint. This could become further compounded should evacuation out of the City itself be required, as the ingress/egress routes into and out of the City are bridges spanning lagoons, sloughs, and the Bay. Figure S-1 also identifies constrained roadways (single ingress/egress conditions) and parcels that use these roadways (constrained parcels). These constrained locations are required to be identified by California Government Code Section 65302(g)(5) [SB99]. The current Foster City Municipal Code prohibits dead-end roadways that exceed 600 feet in length.

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FIGURE S-1 – SB 99 PARCELS

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GOAL S-1A: ENSURE THE CITY HAS AN EFFECTIVE EMERGENCY PREPAREDNESS AND RESPONSE PROGRAM.

Policies / Implementation Actions
S-1.1 Ensure effective emergency response through established procedures, ongoing training programs, periodic exercises of the City's Emergency Operations Plan, and mutual aid agreements.
a. Maintain the City's Emergency Operations Plan, indicating responsibilities and procedures for responding to an emergency.
b. Participate in general mutual-aid agreements and agreements with adjoining jurisdictions for cooperative response to fires, floods, earthquakes, and other disasters.

S-1.2 Plan for and provide facilities and materials anticipated to be needed to respond to emergencies.
a. Maintain the local government's emergency operations center in a full functional state of readiness.
b. As an infrastructure operator, designate a backup Emergency Operations Center with redundant communications systems.
c. Pre-position emergency power generation capacity (or have generation rental/lease agreement for these generators) in critical buildings to maintain continuity of government and services.
d. Ensure that critical intersection lights function following a loss of power by installing and maintaining battery back-ups and emergency generators.
e. Develop a plan for speeding the repair and functional restoration of water and wastewater systems through stockpiling of shoring materials, temporary pumps, surface pipelines, portable hydrants, and other supplies.
f. Provide emergency power at critical City facilities such as major sewer lift stations and lagoon pumps.

S-1.3 Provide police services necessary to maintain community order and public safety. a. Provide adequate personnel, training, and equipment to support the provision of police services.
b. Review proposals for new and modified buildings for compliance with crime prevention requirements.

S-1.4 Prepare a recovery framework (prior to a disaster event) to help guide actions and priorities during and after a disaster event occurs.
a. Prepare a recovery framework (prior to a disaster event) to help guide actions and priorities during and after a disaster event occurs.
b. Consider and adopt regulations to guide response and recovery of City operations following a disaster event.

S-1.5 Anticipate the potential for disasters and ensure the ability to respond promptly, efficiently, and effectively, to provide continuity of services during and after an emergency.

S-1.6 Minimize risks of potential hazards in the vicinity of SFO and San Carlos Airports. a. Comply with the project referral, airspace protection, real estate transaction disclosure and overflight notification policies of the SFO and San Carlos ALUCPs

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GOAL S-1B: EMPOWER RESIDENTS AND COMMUNITY GROUPS TO BE BETTER

EDUCATED, PREPARED, AND SELF-RELIANT IN ORDER TO PROTECT THEMSELVES FROM HAZARDS THAT MAY AFFECT FOSTER CITY.

S-1.7 Offer information and programs regarding emergency preparedness. a. Continue to provide emergency preparedness classes and Community Emergency Response Team (CERT) training.
b. Continue educating the public about emergency preparedness, including schools, businesses, and community groups.

S-1.8 Offer information and programs regarding seismic and geologic hazards, potential effects on buildings, and ways to mitigate these risks. a. Include seismic safety education in City public education programs. b. Assess non-structural seismic hazards as part of annual inspections of businesses. c. Work with homeowners' associations to educate the need for earthquake-resistant connections when pipes enter and exit bridges and encourage the retrofit of these facilities. d. Maintain a geotechnical report library at City Hall.

S-1.9 Educate the Public about Fire Hazards.
a. Provide fire education/prevention programs to the public, including schools, businesses, and community groups, through publications, training classes, and other means.

S-1.10 Educate the Public about Crime Prevention
a. Provide crime prevention programs to educate and involve the community, including but not limited to Neighborhood Watch, Apartment Watch, Business Watch, newsletters, security surveys, and programs with community groups and organizations.

S-1.11 All new residential development projects other than additions and accessory dwelling units (ADUs) within Overflight Notification Zone 2 for the San Carlos Airport shall incorporate a recorded overflight notification requirement as a condition of approval pursuant to the San Carlos Comprehensive Airport Land Use Compatibility Plan for Environs of San Carlos Airport (San Carlos Airport Final ALUCP).

GOAL S-1C: A COMMUNITY THAT CAN EASILY EVACUATE.

S-1.12 Ensure adequate evacuation capacity and infrastructure is available for existing and new development.
a. Develop an Evacuation Master Plan that identifies routes, potential hazard incidents, and criteria regarding capacity, safety, and viability.

S-1.13 In areas with inadequate access or without at least two evacuation routes, provide adequate mitigation actions to address the deficiencies required by the Fire Code and State law.
a. Identify existing and planned residential developments in hazard areas that do not have at least two emergency evacuation routes.

S-1.14 Identify and map evacuation routes (primary and secondary), evacuation zones, and key constraints for use by emergency management staff and first responders.

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S-1.15 Coordinate with Caltrans and the County of San Mateo regarding transportation-related projects that can address potential roadway network issues and constraints.

S-1.16 Prioritize roadway and storm drain infrastructure retrofitting and enhancement projects along primary evacuation routes.

S-1.17 Ensure all new development and redevelopment provides adequate ingress/egress for emergency access and evacuation.

S-1.18 Ensure all new developments and redevelopments include multiple points of ingress/egress.

S-1.19 Identify and construct additional evacuation routes in areas of high hazard concern or limited mobility.

S-1.20 Monitor changes to hazard conditions and vulnerabilities to ensure the accessibility or viability of evacuation routes in the future.

S-1.21 Develop an implementation program that identifies areas of the City with limited ingress/egress, limited circulation capacity, and/or critical infrastructure that could impact evacuation efforts.

S-1.22 Develop an education and outreach program on the potential evacuation scenarios and activities that residents and businesses can do to better prepare for these events.

S-1.23 Explore the feasibility of using boats as a potential vessel/vehicle to evacuate from islands should traditional/planned evacuation routes (bridges, causeways) become compromised in a major emergency event where evacuation is necessary.

S-1.24 Explore the feasibility of creating alternate or secondary routes out of the city in the event an emergency evacuation becomes necessary.
a. Identify potential emergency access connections along the city's southern portions and determine the need for reciprocating access agreements with property owners, homeowner associations, neighboring jurisdictions, and resource agencies to ensure emergency access connections can expand in these areas.

B. SEISMIC AND GEOLOGIC HAZARDS
Seismic and geologic hazards involve the movement of the Earth's surface. This section identifies four common seismic hazards that threaten Foster City and establishes policies and procedures to protect the community during an event. A key consideration for seismic hazards is the potential for cascading effects resulting from an event. When an earthquake occurs, the seismic shaking can cause natural gas and water/sewer pipelines to rupture, which can cause other impacts like flooding, erosion, or fires. The goals, policies, and actions throughout this element are designed to work together to reduce the individual and collective risk of these hazards.

Seismic Hazards
The Bay Area is a seismically active region that experiences earthquakes regularly. Foster City is prone to seismic hazards due to its location and proximity to active earthquake faults. These hazards can be characterized as follows:

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Seismic Shaking
Seismic shaking is the recognizable movement caused by the energy released from an earthquake. The same mechanism that creates a surface rupture is also responsible for seismic shaking and can produce an equally devastating effect. Earthquakes may occur without surface rupture, which can still cause significant damage to buildings and other structures. Infrastructure such as roads, pipelines, and power lines are also susceptible to damage and pose additional safety concerns. Unlike surface rupture, seismic shaking consequences are not restricted to the area immediately surrounding the fault. Energy resonating through the ground can travel hundreds of miles and cause damage in many locations simultaneously. The closer to the earthquake's source (epicenter), the stronger the shaking.

Seismic shaking is of particular concern for Foster City due to its proximity to active and potentially active faults that can generate significant earthquakes. No Alquist-Priolo Special Study Zones, which identify active earthquake faults by the California Geological Survey, are within the City limits. However, the proximity to the San Andreas (approximately 5.7 miles southwest of the City) and the Hayward Faults (approximately 12.8 miles northwest of the City) increases the probability of severe lateral displacement and ground shaking should an earthquake occur. Other fault systems of concern to Foster City are the Butano fault (approximately 18.1 miles southwest of the city), the San Gregorio fault (approximately 12.4 miles to the west of the city), and the Monte Vista-Shannon fault (approximately 5.45 miles to the southwest of the city). Figure S-2 identifies the locations of these fault systems and the Alquist-Priolo Special Study zones surrounding the City.

Liquefaction
Liquefaction is a phenomenon that occurs
when intense vibrations from an earthquake
cause saturated soil to lose stability and act
more like a liquid than a solid. This poses
significant problems for buildings and other
structures in areas where liquefaction can
occur, as the ground may give way under the
weight of the structure and its foundation. In
addition, underground structures are
vulnerable to liquefaction. Most of the city lies
within the very high and medium liquefaction
susceptibility zones. The conditions necessary for liquefaction to occur require the presence of water (surface or shallow groundwater) and loose fine-grained soils (sands and silts), and strong seismic shaking, which can lose structural integrity during an earthquake. Figure S-3 depicts the areas of the city potentially susceptible to liquefaction.

Liquefaction during the 1964 Niigata Earthquake

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FIGURE S-2: FAULTS / ALQUIST PRIOLO SPECIAL STUDY ZONES NEAR

FOSTER CITY

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FIGURE S-3: LIQUEFACTION SUSCEPTIBILITY AREAS

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Tsunami
Tsunamis are giant waves caused by earthquakes, landslides, or volcanic eruptions under the water or along the shore. A large and sudden change in atmospheric pressure can also trigger a rare type of tsunami called a meteotsunami. Out in the depths of the ocean, tsunami waves do not dramatically increase in height. But as the waves travel towards land, they increase in height as the depth of the ocean decreases. The speed of tsunami waves depends on ocean depth rather than the distance from the source of the wave. Tsunami waves may travel as fast as jet planes over deep waters, only slowing down when reaching shallow waters. A seiche occurs when resonant wave oscillations form in an enclosed or semi-enclosed body of water such as a lake or bay. Seiches may be triggered by moderate or larger local submarine earthquakes and sometimes by large distant earthquakes. The greatest hazard is from the inflow and outflow of water, where strong currents and forces can erode foundations and sweep away structures and equipment.

Part of the danger of tsunamis is the ability to cause damage far away from the triggering event.

Although tsunamis weaken as they travel and typically cause the most damage near the event's origin, large ones can retain enough energy to be destructive hundreds or thousands of miles away. According to tsunami inundation mapping completed by the California Office of Emergency Services (CalOES), areas outside the City's levee system are at the greatest risk. This includes the marshlands, tidal flats, and former bay margin lands that have been artificially filled but are still either at or below sea level. The San Francisco Bay itself is at minimal risk of tsunamis generated from local faults, as they move from side to side as opposed to up and down. The greater threat comes from tsunamis generated by large earthquakes in other areas of the Pacific Ocean. Figure S-4 depicts the potential tsunami inundation areas that may impact the City (it should be noted that this map reflects hazard areas based on levee height before the Foster City Levee Project has been completed).

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FIGURE S-4: FOSTER CITY TSUNAMI HAZARD AREAS

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GOAL S-2: A COMMUNITY MORE RESILIENT TO SEISMIC AND GEOLOGIC HAZARDS.

Policies / Implementation Actions
S-2.1 Protect the City's infrastructure and facilities from damage due to seismic and geologic hazards through proper design and retrofitting of older facilities to current standards.
a. Conduct assessments of key critical facilities (Police Department, Recreation Center, City Hall) and their use related to an earthquake to identify strategies to improve facility resilience, including determining the feasibility of retrofitting/ replacing the building. b. Implement recommendations for seismic upgrades to key critical infrastructure (pump stations, water storage tanks, etc.)
c. Install specially engineered pipelines in areas subject to faulting, liquefaction, or other seismic/geologic hazards.
d. Facilitate biannual inspections by the California Department of Transportation (CALTRANS) of City-owned bridges (Bicentennial, Foster City Boulevard, Rainbow, and Shell Boulevard) and incorporate needed improvements into the capital improvement program.

S-2.2 Minimize injury, loss of life, property damage, and economic and social disruption caused by seismic and geologic hazards.

S-2.3 Require that new development be designed and built per the most recent California Building Code, with additional local requirements, as necessary, tailored to Foster City.
a. Develop an inventory of seismically vulnerable structures (unreinforced masonry, soft story construction, and non-ductile concrete).
b. Require site-specific geotechnical and engineering reports (that include liquefaction analysis) for new structures, redevelopments, and major remodels. c. Develop a retrofit program and potential funding sources for seismically vulnerable structures.
d. Adopt and enforce the most current uniform codes with additional local requirements as necessary tailored to Foster City.

S-2.4 Encourage utility service providers to continue upgrading their facilities and infrastructure throughout the City to improve seismic/geologic resilience and survivability.

S-2.5 Locate essential and critical facilities (i.e., fire stations, hospitals, police stations, schools, and utility infrastructure), in areas of low seismic and geologic hazard risk, to the greatest extent feasible
S-2.6 Ensure planning, preparedness, and emergency response capabilities accommodate tsunami hazard events.

S-2.7 Review shoreline development policies that expose structures to wave attack or degrades natural means of shoreline protection in consultation with the OneShoreline Planning Guidance Policy.

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C.FLOOD HAZARDS
Flooding is caused by the accumulation of
water on the ground surface. This typically
occurs after heavy rainfall but can also result
from water delivery/storage infrastructure
failures such as pipes, storage containers,
and dams/reservoirs. Worsening drought
conditions caused by climate change may
exacerbate the effects of flooding, as
surfaces that typically absorb water can quickly dry out and become less permeable. Flooding presents dangers to people and structures alike. Standing water may be deep enough to cause drowning; even shallow water can easily damage buildings and property. Fast-moving water is hazardous, as it may sweep people or cars downstream or cause damage to structures.

Inland Flooding
Inland floods are a common result of coastal storms; they can also occur after rain falls for many days in a row. Often inland flooding can result from brief periods of intense precipitation that overwhelm infrastructure or result from damaged infrastructure (levee failure or storm drain overflows). When the volume of water on land overcomes the capacity of natural and built drainage systems to carry it away, inland flooding can result. Localized ponding can occur in lowlying areas within the city, especially if storm drain infrastructure or private drainages aren't properly maintained or sized large enough to convey the runoff.

Coastal Flooding
Coastal flooding normally occurs when low-lying land
is submerged by seawater. The extent of coastal
flooding is based on the floodwater elevation and the
topography of the adjacent coastal land. The majority
of the city borders either the San Francisco Bay or the Belmont/San Francisco Bay sloughs (a wetland,
swamp, or shallow lake; that is often a backwater to a
larger body of water like the San Francisco Bay).

Foster City is protected from the Bay by a levee and
sea walls owned and operated by the City. These
improvements surround much of the city's outer bay-front perimeter, providing necessary flood protection. Foster City recently initiated a Levee Improvement Project designed to increase the height and width of the levee system to increase protection against storm/tidal surges and meet sea level rise projections through 2050 (See Climate Adaptation, Sea Level Rise for more detail).

High tide coastal flooding in Foster City.

Lagoon dredging to remove sediment mitigate flood risk.

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Figure S-5 depicts the FEMA flood hazard zones mapped within the City.

Dam Inundation
When dams designed to hold water fail, the body of water suddenly and abruptly moves downstream. These downstream areas can become inundated depending on how much water is behind the dam and the topography of these areas. The specific areas of land that would become flooded and covered with water resulting from a dam break are considered an "inundation zone." These downstream areas are typically much larger than the areas identified on flood maps because the volume of water released will often
overwhelm any stormwater infrastructure in these
areas. The Lower Crystal Springs Reservoir is the
largest of the dams that affect San Mateo County
and the only dam that could potentially inundate
Foster City. The dam acts as part of the water
system that brings water to the peninsula via San
Mateo Creek and forms the Lower Crystal Springs
Reservoir, which acts as a water supply for San
Francisco and other cities in San Mateo County.

Figure S-6 depicts the potential inundation area
associated with the failure of this dam.

Lower Crystal Springs Reservoir as viewed from the
Sawyer Camp Trail.

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FIGURE S-5: FEMA FLOOD HAZARD AREAS

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FIGURE S-6: DAM FAILURE INUNDATION AREA

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GOAL S-3: A COMMUNITY MORE RESILIENT TO INUNDATION RESULTING FROM FLOOD AND DAM FAILURE.

Policies / Implementation Actions
S-3.1 Locate new essential public/critical facilities outside of FEMA flood hazard zones and dam inundation zones to the greatest extent feasible.
a. Evaluate proposed development within special flood hazard areas for conformance with the City's flood plain regulations as contained in Chapter 15.36 of the Foster City Municipal Code.

S-3.2 Continue participation in FEMA's National Flood Insurance Program for affected properties.
a. Update the local floodplain management ordinance as necessary to ensure compliance with National Flood Insurance Program (NFIP) requirements pursuant to Title 44 of the Code of Federal Regulations (CFR).

S-3.3 Protect and preserve natural features such as wetlands that serve as natural mitigation against the impacts of flooding.

S-3.4 Maintain and enhance the City's levees and lagoon system for flood protection. a. Complete the Levee Improvements Project and continue to work with FEMA to maintain FEMA accreditation and protect the City against sea level rise. b. Maintain the City's levees and lagoon for flood protection pursuant to the "Operation and Maintenance Manual, Foster City Levees and Pump Station" and the "Lagoon Management Plan."
S-3.5 Ensure data and information for flood hazards are readily available and up to date. a. Monitor and periodically evaluate the community flood protection and evacuation plans to assist persons and property owners and protect properties from 100-year flood threats and dam inundation.
b. Monitor and periodically update as required the following mapping and plans to maintain flood and dam inundation hazard resilience within the City:
• Flood Insurance Rate Maps (FIRM) prepared by Federal Emergency Management Agency (FEMA).
• Local Hazard Mitigation Plan (HMP) to include accurate information and data for all potential Flood Hazards.
• Local maps showing areas that are subject to flooding and areas with a history of repeated flood damage.

S-3.6 Require mitigation for new developments, redevelopments, or major remodels within flood and dam inundation zones to reduce future flooding or address evacuation needs.

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D.URBAN FIRE
Urban Fires
The possibility of an urban fire confronts every city.

Many urban fires begin as isolated incidents
caused by faulty electrical appliances, cooking
mishaps, improper storage of chemicals, or
industrial malfunction but can spread to other
buildings if conditions permit. Buildings in the
urban environment are more prone to fires that
start inside or grow from a fire in a neighboring
structure. Many factors contribute to an urban fire's
severity and extent, but modern building codes
and practices have helped reduce their effects. Many designs have been implemented to reduce urban fires, including fire sprinklers, which can extinguish small fires and reduce the speed at which large fires spread. Despite these improvements, it is important to acknowledge the risks associated with fires in urban areas. No matter its size, any fire can be fatal or cause people severe harm and
can damage buildings and other structures. Foster City
adopted stringent fire safety regulations for high-rise buildings (75 feet) and mid-rise buildings four or more stories in height (but below 75 feet) before they were
required by later codes. The Fire Department annually
conducts fire inspections on high-rise buildings to
ensure effective risk reduction measures are
implemented.

One unique fire risk is the potential for fire following an earthquake. Natural gas pipelines that connect at the
street or shifting gas appliances may break gas lines. Fires ignited by rupture gas lines or electrical failures may produce more ignitions than firefighters can respond to. Some jurisdictions have required the installation of automatic gas shut-off valves to reduce this risk, and improvements to the building code to reduce urban fire risk. These actions have the potential to reduce the impacts of fire following an earthquake.

Water Supply
The Estero Municipal Improvement District (EMID) provides water services in Foster City.

According to the District's Urban Water Management Plan, adequate water supplies are available to meet existing and future customer demands within the city during normal years. However, as documented in Table 7-5 in the EMID 2020 Urban Water Management Plan, during single and Firefighters on the roof of multi-unit residential
structure on fire in Foster City
Open House at the San Mateo Consolidated Fire
Department fire station.

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multiple dry years, EMID's total annual water demand is expected to exceed EMID's available water supplies from 2025 to 2045. This is especially important in ensuring adequate supplies are available for fire suppression needs. As a standard practice, new developments and major remodels are required to conduct water pressure/flow testing and mitigate issues if the supply is deemed inadequate in normal and dry years.

GOAL S-4: MINIMIZE THE LOSS OF LIFE, INJURIES, AND PROPERTY DAMAGE DUE TO FIRES.

S-4.1 Minimize loss of life, injuries, and property damage due to fires by reviewing development proposals, public education, and maintenance of well-trained fire suppression personnel. a. Review proposals for new and modified buildings to ensure that fire safety provisions are included as required by the most current uniform codes and local regulations. b. Conduct annual inspections of businesses and multi-family dwellings in order to ensure compliance with fire safety and hazardous materials requirements. c. Continue to provide inspections of residential care facilities at the request of the Department of Social Services.
d. Require fire sprinklers in all new or substantially remodeled housing, regardless of distance from a fire station, to the extent allowed by State law.
e. Establish ongoing maintenance and funding for vegetation management and brush clearance along city-maintained roads, open space areas, and waterways.

S-4.2 Design community spaces to minimize pockets, peninsulas, or islands of flammable vegetation to reduce fire susceptibility.

S-4.3 Require all redevelopment after a fire to meet current Fire Prevention Code Standards.

S-4.4 Maintain access (ingress and egress) for fire apparatus vehicles along public streets for emergency equipment and evacuation.

S-4.5 Provide an adequate supply of water for daily use and emergency situations. a. Maintain a water supply and delivery system that can meet potential firefighting demands through the annual exercise of fire hydrants and periodic review of storage needs. b. Study the adequacy of water storage and/or supply facilities. c. Ensure the adequacy of the water delivery system through periodic testing, flushing, and replacement of parts as needed.
d. Continue to evaluate critical water supply transmission mains on an ongoing basis. e. Continue to evaluate the water pressure-reducing stations that reduce SFPUC's supply pressure to EMID system pressure.
f. Provide and maintain consolidated remote monitoring capabilities for the water distribution, wastewater collection, and lagoon management systems that can be monitored 24 hours a day.

E. HAZARDOUS MATERIALS AND WASTE
Natural hazards are not the only threat to a community's safety. Human-caused dangers, such as various hazardous materials and wastes, are often found throughout a community and can pose significant risks. Generally speaking, hazardous materials are identified as toxic, flammable, explosive, corrosive, infectious, radioactive, or a combination of these characteristics. Hazardous wastes are categorized similarly but are identified separately from materials because they no longer serve a meaningful use.

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In the Community
Although common household chemicals pose little threat to the community at large, hazardous materials and wastes used by businesses and industry present a greater risk. Mechanical dealerships, repair shops, gasoline and diesel fuel stations, and dry cleaners are examples of businesses that regularly use and store chemicals or other hazardous materials. Pipelines and tanks within the City also transport and store chemicals that could pose a risk if a failure occurs.

These releases are anticipated to be isolated to properties where storage occurs. Releases also tend to involve transporting raw materials and their byproducts by pipeline or truck. Regulation of the use, storage, and transportation of hazardous materials and wastes rests on state and federal agencies; however, cities play a large role in minimizing the risks and impacts of exposure through careful planning and preparation. The City's main truck route includes State Route 92 (the J.

Arthur Younger Freeway), which allows for transporting chemicals and materials into and out of the City from regional routes like US 101 and Interstate 880.

In the Home
Exposure to hazardous materials is not uncommon, as many household cleaning products contain chemicals that can harm both humans and the environment. However, proper use can largely avoid the health risks associated with these hazardous materials. Properly storing household cleaning products and other common hazardous materials, such as those used in automotive and home repair, is also an important component of responsible management. Following the manufacturer's instructions on the packaging and keeping products out of the reach of children are two simple steps that can help reduce the risk of exposure.

GOAL S-5: A COMMUNITY PROTECTED FROM EXPOSURE TO HAZARDOUS

MATERIALS AND WASTES
Policies / Implementation Actions
S-5.1 Protect the community from unreasonable risks associated with hazardous materials.

S-5.2 Continue to enforce applicable codes related to hazardous materials.

S-5.3 Restrict the transport of hazardous materials to identified truck routes throughout the City.

S-5.4 Commercial and industrial facilities shall be required to participate in a hazardous material and waste mitigation and response program.

S-5.5 Control the development of uses that store, transport, or dispose of hazardous materials pursuant to Chapter 8.07 of the Municipal Code. a. Participate in San Mateo County hazardous waste reduction programs consistent with the San Mateo County Hazardous Waste Management Plan.

S-5.6 Promote using non-toxic alternatives for cleaning and pest management in the home and yard.

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F. CLIMATE ADAPTATION
Climate Effects on Foster City
Although climate change is not a hazard, variations in environmental conditions can impact some of the natural hazards affecting Foster City. Projections of future conditions include increased temperatures, increased extreme heat days, changes in precipitation, sea level rise, more prolonged droughts, and changes in the size and frequency of wildfire incidents. Table S-2 identifies the current/historical conditions and projected future conditions associated with climate change that could occur in Foster City.

Table S-2: Potential Climate Change effects for Foster City Historical/ Current Conditions Future Conditions
Annual Mean Temperature (1961-1990) Annual Mean Temperature (2070-2099)

69.3° F 71.3° to 75.6° F
Extreme Heat Days (92.9° F) Extreme Heat Days (2070-2099) 3 days per year 10 to 43 days per year
Annual Mean Precipitation Annual Mean Precipitation (2070-2099)

17.5 inches 13.5 to 26.3 inches
Source: https://cal-adapt.org/tools/local-climate-change-snapshot Climate-Related Hazards
Temperature
Increasing temperatures associated with climate change can act as a hazard multiplier. By the end of the century, annual mean temperatures are projected to increase between approximately 2 and 6.3 degrees, impacting City residents and businesses. These increases are also anticipated to increase the number of extreme heat days, from 3 days to between 10 and 43 days per year.

These potential temperature increases may impact residents living in poorly insulated structures or structures that do not have adequate air conditioning. For residents living in these structures, temperatures above 85 (within the structure) may cause discomfort. By the end of the century, the number of days over this temperature threshold could be nearly 15 times what the City typically experiences.

While climate change is projected to exacerbate many of the hazards already affecting the City, many of these hazards may interact with each other. Increased temperatures can affect both water supplies and vegetation growth. With drier conditions, vegetation growth may be reduced, and soils may dry out, making them less capable of absorbing moisture. If this condition persists, areas of the City may be more prone to flooding if soils are less absorbent.

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Precipitation
While temperatures are anticipated to increase in the coming decades, climate change projections suggest that annual mean precipitation may decrease or increase by several inches. While it is difficult to predict the exact amount of change in any given year, many projections anticipate that future rain events will become more intense, which could increase flooding in some locations.

Recent events have generated rain totals of more than six inches in a single month, with 2.6 inches occurring during a 24-hour period. With changes in future precipitation, it is expected that changes to local vegetation may also occur, which could impact drainages and increase the need for flood management activities and drainage infrastructure in some areas. With future temperature increases coupled with fluctuating precipitation amounts, City services and infrastructure may require retrofitting if adequate capacity is not available.

Sea Level Rise
Sea level is the base level for measuring elevation. Hence, sea level rise is a climate change phenomenon through which the ocean water volume increases. Sea level rise is caused primarily by two contributing factors related to global warming: the addition of water from melting ice sheets and glaciers and the thermal expansion of seawater as it warms. Higher sea levels mean that storm surges can push farther inland than storms were able to before, leading to a potential increase in the frequency of nuisance flooding and greater destruction of property and structures.

Sea level around the globe is increasing as a result of human-caused global warming activities, with recent rates being unprecedented over the past
2,000-plus years. With continued ocean and
atmospheric warming, sea levels will likely rise for
centuries at rates higher than the current century. In
October 2020, Foster City began the Levee
Improvements Project, which will raise the height of
the levee system protecting the City from the ocean
waters of the San Francisco Bay. This project not
Concrete being poured into newly reinforced levee and sea wall as part of the Levee Improvements Project.

Levee retaining wall under construction

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Foster City City CouncilAugust 21, 2023

Foster City City Council
August 21, 2023